H. B. No. 472 As Introduced

As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 472

Representative McClain (By Request)

A BILL

To amend sections 7.10, 7.16, 9.482, 109.572,

109.5721, 111.15, 119.03, 119.12, 121.08, 122.121,

122.136, 122.17, 122.171, 122.21, 122.25, 122.37,

122.64, 122.86, 122.861, 122.89, 122.94, 122.941,

123.01, 124.32, 125.13, 125.182, 126.21, 126.25,

131.02, 133.06, 149.311, 149.38, 150.10, 153.56,

164.26, 166.13, 166.18, 166.21, 173.27, 173.38,

184.02, 191.01, 340.02, 340.021, 718.15, 718.151,

901.22, 903.01, 903.03, 903.07, 903.082, 903.09,

903.10, 903.11, 903.12, 903.13, 903.16, 903.17,

903.25, 921.06, 941.14, 953.22, 1321.535, 1321.55,

1322.03, 1322.031, 1322.04, 1322.041, 1322.051,

1322.06, 1501.01, 1501.011, 1509.01, 1509.02,

1509.04, 1509.05, 1509.06, 1509.071, 1509.08,

1509.11, 1509.222, 1509.223, 1509.23, 1509.27,

1509.33, 1509.34, 1509.99, 1511.01, 1511.02,

1511.021, 1511.022, 1511.05, 1511.07, 1511.99,

1515.01, 1515.02, 1515.08, 1533.081, 1533.10,

1533.11, 1533.12, 1551.34, 1561.31, 1711.50,

1711.53, 2151.417, 2151.421, 2152.19, 2305.25,

2305.252, 2701.09, 2915.01, 2915.03, 2915.06,

2915.061, 2945.402, 3123.89, 3301.0714, 3301.0715,

3302.03, 3302.10, 3313.372, 3313.603, 3313.6013,

3313.6016, 3313.90, 3313.91, 3314.08, 3317.02,

3317.0217, 3317.03, 3319.22, 3319.26, 3321.03,

3321.04, 3321.07, 3321.08, 3321.09, 3324.07,

3326.36, 3328.24, 3331.04, 3333.041, 3333.048,

3333.35, 3333.43, 3333.86, 3345.06, 3358.06,

3365.04, 3365.041, 3365.05, 3365.06, 3365.08,

3365.11, 3701.132, 3701.34, 3701.74, 3701.83,

3701.881, 3702.511, 3702.52, 3702.526, 3702.71,

3702.74, 3702.75, 3702.91, 3702.95, 3704.05,

3730.09, 3731.02, 3734.02, 3734.029, 3734.905,

3737.02, 3745.70, 3750.13, 3750.14, 3770.01,

3770.02, 3770.05, 3772.01, 3772.02, 3772.03,

3772.032, 3772.033, 3772.04, 3772.06, 3772.07,

3772.10, 3772.12, 3772.121, 3772.15, 3772.17,

3772.21, 3772.23, 3772.31, 3772.99, 4121.129,

4123.01, 4123.26, 4123.27, 4123.29, 4123.291,

4123.292, 4123.32, 4123.322, 4123.34, 4123.35,

4123.353, 4123.36, 4123.37, 4123.40, 4123.41,

4123.411, 4123.47, 4123.511, 4123.512, 4123.54,

4123.66, 4123.82, 4123.83, 4125.05, 4141.01,

4141.09, 4141.11, 4141.131, 4141.20, 4141.25,

4141.26, 4141.28, 4141.29, 4141.35, 4511.191,

4729.03, 4729.12, 4729.13, 4729.15, 4729.54,

4729.80, 4729.83, 4729.86, 4731.36, 4737.045,

4740.06, 4743.04, 4758.01, 4758.02, 4758.06,

4758.16, 4758.20, 4758.21, 4758.23, 4758.24,

4758.26, 4758.28, 4758.29, 4758.30, 4758.31,

4758.35, 4758.36, 4758.50, 4758.51, 4758.60,

4758.71, 4781.121, 4781.29, 4905.01, 4905.81,

4905.95, 4921.13, 4921.19, 4923.01, 4923.02,

4923.04, 4928.66, 5104.03, 5123.01, 5123.011,

5123.012, 5123.081, 5123.16, 5123.162, 5123.169,

5123.19, 5123.191, 5123.21, 5123.61, 5123.75,

5123.76, 5123.89, 5124.01, 5124.106, 5124.21,

5124.60, 5124.61, 5124.62, 5124.67, 5126.01,

5126.0219, 5126.041, 5126.046, 5126.051, 5126.08,

5126.21, 5126.25, 5126.42, 5126.43, 5126.45,

5139.05, 5139.34, 5139.36, 5139.41, 5164.34,

5164.342, 5513.01, 5703.052, 5703.056, 5703.059,

5703.21, 5713.012, 5727.47, 5727.91, 5735.01,

5735.026, 5735.03, 5735.06, 5735.062, 5735.07,

5735.09, 5735.12, 5735.141, 5735.23, 5736.06,

5736.09, 5736.13, 5743.01, 5743.02, 5743.021,

5743.024, 5743.025, 5743.03, 5743.04, 5743.05,

5743.051, 5743.112, 5743.32, 5743.51, 5743.52,

5743.62, 5743.63, 5743.65, 5747.02, 5747.025,

5747.08, 5747.71 5747.98, 5749.01, 5749.02,

5749.03, 5749.04, 5749.06, 5749.07, 5749.08,

5749.10, 5749.12, 5749.13, 5749.14, 5749.15,

5749.17, 5751.03, 5751.20, 5902.02, 5903.03,

5903.10, 5903.11, 5903.12, 5903.121, 5907.01,

5907.04, 6109.10, 6111.03, 6111.04, 6111.44, and

6111.99; to amend, for the purpose of adopting new

section numbers as indicated in parentheses,

sections 1509.061 (1509.091), 1511.022 (939.04),

3365.04 (3365.06), 3365.041 (3365.032), 3365.05

(3365.12), 3365.06 (3365.031), and 3365.11

(3365.09); to enact new sections 3313.6015,

3365.01, 3365.02, 3365.03, 3365.04, 3365.05,

3365.07, 3365.10, 3365.11, and 3365.15 and

sections 107.35, 164.261, 190.01, 190.02, 190.03,

190.04, 321.50, 939.01, 939.02, 939.03, 939.05,

939.06, 939.07, 939.08, 939.09, 939.10, 939.11,

1509.051, 1511.023, 1511.09, 2915.062, 3123.90,

3313.902, 3317.162, 3333.0413, 3333.164, 3333.171,

3333.33, 3333.44, 3333.90, 3333.91, 3345.42,

3345.43, 3345.44, 3345.46, 3365.071, 3365.13,

3721.122, 3772.14, 4121.443, 4121.447, 4758.48,

4758.62, 4758.63, 4758.64, 4909.157, 5122.36,

5123.0420, 5139.12, 5139.45, 5736.50, 5749.031,

5903.01, 5903.04, and 5903.05; to repeal sections

183.35, 903.04, 1509.50, 1511.071, 3125.191,

3313.6015, 3345.062, 3345.19, 3365.01, 3365.02,

3365.021, 3365.022, 3365.03, 3365.07, 3365.09,

3365.10, 3365.12, 3365.15, 3702.93, 3750.081,

4123.419, 5124.63, 5124.64, 5726.08, 5733.30,

5735.16, 5743.06, and 5745.10 of the Revised Code;

100

to amend Section 1 of Sub. H.B. 34 of the 130th

101

General Assembly, as subsequently amended; to

102

amend Sections 207.10, 209.30, 211.10, 221.10,

103

241.10, 257.10, 259.10, 263.10, 263.230, 263.240,

104

263.250, 263.270, 263.325, 275.10, 282.10, 282.30,

105

285.10, 285.20, 301.10, 327.10, 327.83, 333.10,

106

333.80, 340.10, 359.10, 363.10, 363.120, 363.190,

107

363.200, 365.10, 371.10, 395.10, 403.10, 512.80,

108

and 751.10 of Am. Sub. H.B. 59 of the 130th

109

General Assembly; and to repeal Section 747.40 of

110

Am. Sub. H.B. 59 of the 130th General Assembly to

111

make operating and other appropriations and to

112

provide authorization and conditions for the

113

operation of state programs.

114

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

Section 101.01. That sections 7.10, 7.16, 9.482, 109.572,	115
109.5721, 111.15, 119.03, 119.12, 121.08, 122.121, 122.136,	116
122.17, 122.171, 122.21, 122.25, 122.37, 122.64, 122.86, 122.861,	117
122.89, 122.94, 122.941, 123.01, 124.32, 125.13, 125.182, 126.21,	118
126.25, 131.02, 133.06, 149.311, 149.38, 150.10, 153.56, 164.26,	119
166.13, 166.18, 166.21, 173.27, 173.38, 184.02, 191.01, 340.02,	120
340.021, 718.15, 718.151, 901.22, 903.01, 903.03, 903.07, 903.082,	121
903.09, 903.10, 903.11, 903.12, 903.13, 903.16, 903.17, 903.25,	122
921.06, 941.14, 953.22, 1321.535, 1321.55, 1322.03, 1322.031,	123
1322.04, 1322.041, 1322.051, 1322.06, 1501.01, 1501.011, 1509.01,	124
1509.02, 1509.04, 1509.05, 1509.06, 1509.071, 1509.08, 1509.11,	125
1509.222, 1509.223, 1509.23, 1509.27, 1509.33, 1509.34, 1509.99,	126
1511.01, 1511.02, 1511.021, 1511.022, 1511.05, 1511.07, 1511.99,	127
1515.01, 1515.02, 1515.08, 1533.081, 1533.10, 1533.11, 1533.12,	128
1551.34, 1561.31, 1711.50, 1711.53, 2151.417, 2151.421, 2152.19,	129
2305.25, 2305.252, 2701.09, 2915.01, 2915.03, 2915.06, 2915.061,	130
2945.402, 3123.89, 3301.0714, 3301.0715, 3302.03, 3302.10,	131
3313.372, 3313.603, 3313.6013, 3313.6016, 3313.90, 3313.91,	132
3314.08, 3317.02, 3317.0217, 3317.03, 3319.22, 3319.26, 3321.03,	133
3321.04, 3321.07, 3321.08, 3321.09, 3324.07, 3326.36, 3328.24,	134
3331.04, 3333.041, 3333.048, 3333.35, 3333.43, 3333.86, 3345.06,	135
3358.06, 3365.04, 3365.041, 3365.05, 3365.06, 3365.08, 3365.11,	136
3701.132, 3701.34, 3701.74, 3701.83, 3701.881, 3702.511, 3702.52,	137
3702.526, 3702.71, 3702.74, 3702.75, 3702.91, 3702.95, 3704.05,	138
3730.09, 3731.02, 3734.02, 3734.029, 3734.905, 3737.02, 3745.70,	139
3750.13, 3750.14, 3770.01, 3770.02, 3770.05, 3772.01, 3772.02,	140
3772.03, 3772.032, 3772.033, 3772.04, 3772.06, 3772.07, 3772.10,	141
3772.12, 3772.121, 3772.15, 3772.17, 3772.21, 3772.23, 3772.31,	142
3772.99, 4121.129, 4123.01, 4123.26, 4123.27, 4123.29, 4123.291,	143
4123.292, 4123.32, 4123.322, 4123.34, 4123.35, 4123.353, 4123.36,	144
4123.37, 4123.40, 4123.41, 4123.411, 4123.47, 4123.511, 4123.512,	145
4123.54, 4123.66, 4123.82, 4123.83, 4125.05, 4141.01, 4141.09,	146
4141.11, 4141.131, 4141.20, 4141.25, 4141.26, 4141.28, 4141.29,	147
4141.35, 4511.191, 4729.03, 4729.12, 4729.13, 4729.15, 4729.54,	148
4729.80, 4729.83, 4729.86, 4731.36, 4737.045, 4740.06, 4743.04,	149
4758.01, 4758.02, 4758.06, 4758.16, 4758.20, 4758.21, 4758.23,	150
4758.24, 4758.26, 4758.28, 4758.29, 4758.30, 4758.31, 4758.35,	151
4758.36, 4758.50, 4758.51, 4758.60, 4758.71, 4781.121, 4781.29,	152
4905.01, 4905.81, 4905.95, 4921.13, 4921.19, 4923.01, 4923.02,	153
4923.04, 4928.66, 5104.03, 5123.01, 5123.011, 5123.012, 5123.081,	154
5123.16, 5123.162, 5123.169, 5123.19, 5123.191, 5123.21, 5123.61,	155
5123.75, 5123.76, 5123.89, 5124.01, 5124.106, 5124.21, 5124.60,	156
5124.61, 5124.62, 5124.67, 5126.01, 5126.0219, 5126.041, 5126.046,	157
5126.051, 5126.08, 5126.21, 5126.25, 5126.42, 5126.43, 5126.45,	158
5139.05, 5139.34, 5139.36, 5139.41, 5164.34, 5164.342, 5513.01,	159
5703.052, 5703.056, 5703.059, 5703.21, 5713.012, 5727.47, 5727.91,	160
5735.01, 5735.026, 5735.03, 5735.06, 5735.062, 5735.07, 5735.09,	161
5735.12, 5735.141, 5735.23, 5736.06, 5736.09, 5736.13, 5743.01,	162
5743.02, 5743.021, 5743.024, 5743.025, 5743.03, 5743.04, 5743.05,	163
5743.051, 5743.112, 5743.32, 5743.51, 5743.52, 5743.62, 5743.63,	164
5743.65, 5747.02, 5747.025, 5747.08, 5747.71, 5747.98, 5749.01,	165
5749.02, 5749.03, 5749.04, 5749.06, 5749.07, 5749.08, 5749.10,	166
5749.12, 5749.13, 5749.14, 5749.15, 5749.17, 5751.03, 5751.20,	167
5902.02, 5903.03, 5903.10, 5903.11, 5903.12, 5903.121, 5907.01,	168
5907.04, 6109.10, 6111.03, 6111.04, 6111.44, and 6111.99 be	169
amended; sections 1509.061 (1509.091), 1511.022 (939.04), 3365.04	170
(3365.06), 3365.041 (3365.032), 3365.05 (3365.12), 3365.06	171
(3365.031), and 3365.11 (3365.09) be amended for the purpose of	172
adopting new section numbers as indicated in parentheses; and new	173
sections 3313.6015, 3365.01, 3365.02, 3365.03, 3365.04, 3365.05,	174
3365.07, 3365.10, 3365.11, and 3365.15 and sections 107.35,	175
164.261, 190.01, 190.02, 190.03, 190.04, 321.50, 939.01, 939.02,	176
939.03, 939.05, 939.06, 939.07, 939.08, 939.09, 939.10, 939.11,	177
1509.051, 1511.023, 1511.09, 2915.062, 3123.90, 3313.902,	178
3317.162, 3333.0413, 3333.164, 3333.171, 3333.33, 3333.44,	179
3333.90, 3333.91, 3345.42, 3345.43, 3345.44, 3345.46, 3365.071,	180
3365.13, 3721.122, 3772.14, 4121.443, 4121.447, 4758.48, 4758.62,	181
4758.63, 4758.64, 4909.157, 5122.36, 5123.0420, 5139.12, 5139.45,	182
5736.50, 5749.031, 5903.01, 5903.04, and 5903.05 of the Revised	183
Code be enacted to read as follows:	184

Sec. 7.10. For the publication of advertisements, notices,	185
and proclamations, except those relating to proposed amendments to	186
the Ohio Constitution, required to be published by a public	187
officer of the state, a benevolent or other public institution, a	188
trustee, assignee, executor, or administrator, or by or in any	189
court of record, except when the rate is otherwise fixed by law,	190
publishers of newspapers may charge and receive for such	191
advertisements, notices, and proclamations rates charged on annual	192
contracts by them for a like amount of space to other advertisers	193
who advertise in its general display advertising columns.	194

For the publication of advertisements, notices, or	195
proclamations required to be published by a public officer of a	196
county, municipal corporation, township, school, or other	197
political subdivision, publishers of newspapers shall establish a	198
government rate~~, which shall include free publication of~~	199
~~advertisements, notices, or proclamations on the newspaper's~~	200
~~internet web site, if the newspaper has one~~. The government rate	201
shall not exceed the lowest classified advertising rate and lowest	202
insert rate paid by other advertisers.	203

Legal advertising appearing in print, except that relating to	204
proposed amendments to the Ohio Constitution, shall be set up in a	205
compact form, without unnecessary spaces, blanks, or headlines,	206
and printed in not smaller than six-point type. The type used must	207
be of such proportions that the body of the capital letter M is no	208
wider than it is high and all other letters and characters are in	209
proportion.	210

Except as provided in section 2701.09 of the Revised Code,	211
all legal advertisements or, notices, or proclamations shall be	212
printed in a newspaper of general circulation and shall be posted	213
by the newspaper publisher on the newspaper's internet web site,	214
if the newspaper has one. Publishers of newspapers may not charge	215
for posting advertisements, notices, and proclamations on the	216
newspaper's internet web site, if the newspaper has one.	217

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

218

(1) "State agency" means any organized body, office, agency,	219
institution, or other entity established by the laws of the state	220
for the exercise of any function of state government, including	221
state institutions of higher education, as defined in section	222
3345.011 of the Revised Code.	223

(2) "Political subdivision" has the meaning defined in	224
section 2744.01 of the Revised Code.	225

(B) If a section of the Revised Code or an administrative	226
rule requires a state agency or a political subdivision to publish	227
a notice or advertisement two or more times in a newspaper of	228
general circulation and the section or administrative rule refers	229
to this section, the first publication of the notice or	230
advertisement shall be made in its entirety in a newspaper of	231
general circulation and may be made in a preprinted insert in the	232
newspaper, but the second publication otherwise required by that	233
section or administrative rule may be made in abbreviated form in	234
a newspaper of general circulation in the state or in the	235
political subdivision, as designated in that section or	236
administrative rule, and on the newspaper's internet web site, if	237
the newspaper has one. The state agency or political subdivision	238
may eliminate any further newspaper publications required by that	239
section or administrative rule, provided that the second,	240
abbreviated notice or advertisement meets all of the following	241
requirements:	242

(1) It is published in the newspaper of general circulation	243
in which the first publication of the notice or advertisement was	244
made ~~and is published on that newspaper's internet web site, if~~	245
~~the newspaper has one~~.	246

(2) It is published on the ~~state~~official public notice web	247
site established under section 125.182 of the Revised Code. The	248
publisher of the newspaper shall post the notice or advertisement	249
on the official public notice web site at no additional cost.	250

(3) It includes a title, followed by a summary paragraph or	251
statement that clearly describes the specific purpose of the	252
notice or advertisement, and includes a statement that the notice	253
or advertisement is posted in its entirety on the ~~state~~official	254
public notice web site. The notice or advertisement also may be	255
posted on the state agency's or political subdivision's internet	256
web site.	257

(4) It includes the internet ~~addresses~~address of the ~~state~~	258
official public notice web site, ~~and of the newspaper's and state~~	259
~~agency's or political subdivision's internet web site if the~~	260
~~notice or advertisement is posted on those web sites,~~ and the	261
name, address, telephone number, and electronic mail address of	262
the state agency, political subdivision, or other party	263
responsible for publication of the notice or advertisement.	264

(C) A notice or advertisement published under this section on	265
an internet web site shall be published in its entirety in	266
accordance with the section of the Revised Code or the	267
administrative rule that requires the publication.	268

(D) If the ~~state~~official public notice web site established	269
under section 125.182 of the Revised Code is not operational, the	270
state agency or political subdivision shall not publish a notice	271
or advertisement under this section, but instead shall comply with	272
the publication requirements of the section of the Revised Code or	273
the administrative rule that refers to this section.	274

Sec. 9.482. (A) As used in this section~~, "political~~:

275

(1) "Political subdivision" has the meaning defined in	276
section 2744.01 of the Revised Code.	277

(2) "State agency" means any organized body, office, agency,	278
institution, or other entity established by the laws of the state	279
for the exercise of any function of state government. The term	280
includes a state institution of higher education as defined in	281
section 3345.011 of the Revised Code.	282

(B)(1) When legally authorized ~~by their respective~~	283
~~legislative authorities~~to do so, a political subdivision may	284
enter into an agreement with another political subdivision or a	285
state agency whereby athe contracting political subdivision or	286
state agency agrees to exercise any power, perform any function,	287
or render any service for ~~another~~the contracting recipient	288
political subdivision that the contracting recipient political	289
subdivision is otherwise legally authorized to exercise, perform,	290
or render.	291

In(2) When legally authorized to do so, a state agency may	292
enter into an agreement with a political subdivision whereby the	293
contracting political subdivision agrees to exercise any power,	294
perform any function, or render any service for the contracting	295
recipient state agency that the contracting recipient state agency	296
is otherwise legally authorized to exercise, perform, or render.	297

(C) In the absence in the agreement of provisions determining	298
by what officer, office, department, agency, or other authority	299
the powers and duties of a contracting political subdivision shall	300
be exercised or performed, the legislative authority of the	301
contracting political subdivision shall determine and assign the	302
powers and duties.	303

An agreement shall not suspend the possession by a	304
contracting recipient political subdivision or state agency of any	305
power or function that is exercised or performed on its behalf by	306
~~another~~the other contracting political subdivision or the	307
contracting state agency under the agreement.	308

A political subdivision shall not enter into an agreement to	309
levy any tax or to exercise, with regard to public moneys, any	310
investment powers, perform any investment function, or render any	311
investment service on behalf of a contracting subdivision. Nothing	312
in this paragraph prohibits a political subdivision from entering	313
into an agreement to collect, administer, or enforce any tax on	314
behalf of another political subdivision or to limit the authority	315
of political subdivisions to create and operate joint economic	316
development zones or joint economic development districts as	317
provided in sections 715.69 to 715.83 of the Revised Code.	318

~~(C)~~(D) No county elected officer may be required to exercise	319
any power, perform any function, or render any service under an	320
agreement entered into under this section without the written	321
consent of the county elected officer. No county may enter into an	322
agreement under this section for the exercise, performance, or	323
rendering of any statutory powers, functions, or services of any	324
county elected officer without the written consent of the county	325
elected officer.	326

~~(D)~~(E) No power shall be exercised, no function shall be	327
performed, and no service shall be rendered by a contracting	328
political subdivision or state agency pursuant to an agreement	329
entered into under this section within a political subdivision	330
that is not a party to the agreement, without first obtaining the	331
written consent of the political subdivision that is not a party	332
to the agreement and within which the power is to be exercised, a	333
function is to be performed, or a service is to be rendered.	334

~~(E)~~(F) Chapter 2744. of the Revised Code, insofar as it	335
applies to the operation of a political subdivision, applies to	336
the political subdivisions that are parties to an agreement and to	337
their employees when they are rendering a service outside the	338
boundaries of their employing political subdivision under the	339
agreement. Employees acting outside the boundaries of their	340
employing political subdivision while providing a service under an	341
agreement may participate in any pension or indemnity fund	342
established by the political subdivision to the same extent as	343
while they are acting within the boundaries of the political	344
subdivision, and are entitled to all the rights and benefits of	345
Chapter 4123. of the Revised Code to the same extent as while they	346
are performing a service within the boundaries of the political	347
subdivision.	348

Sec. 107.35. Not later than December 31, 2014, the	349
governor's office of workforce transformation, with staff support	350
and assistance from the departments of job and family services and	351
education and the Ohio board of regents, shall establish criteria	352
to use for evaluating the performance of state and local workforce	353
programs using basic, aligned workforce measures related to system	354
efficiency and effectiveness. The office shall develop and make	355
available on the internet through a web site a public dashboard to	356
display metrics regarding the state's administration of primary	357
workforce programs, including the following programs:	358

(A) The adult basic and literacy education program;

359

(B) Programs administered under the federal "Carl D. Perkins	360
Career and Technical Education Act of 2006," 120 Stat. 683, 20	361
U.S.C. 2301 et seq., as amended;	362

(C) State aid and scholarships within the Ohio board of	363
regents;	364

(D) Programs administered under title I of the federal	365
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C. 2801	366
et seq., as amended.	367

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	368
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	369
a completed form prescribed pursuant to division (C)(1) of this	370
section, and a set of fingerprint impressions obtained in the	371
manner described in division (C)(2) of this section, the	372
superintendent of the bureau of criminal identification and	373
investigation shall conduct a criminal records check in the manner	374
described in division (B) of this section to determine whether any	375
information exists that indicates that the person who is the	376
subject of the request previously has been convicted of or pleaded	377
guilty to any of the following:	378

(a) A violation of section 2903.01, 2903.02, 2903.03,	379
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	380
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	381
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	382
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	383
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	384
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	385
2925.06, or 3716.11 of the Revised Code, felonious sexual	386
penetration in violation of former section 2907.12 of the Revised	387
Code, a violation of section 2905.04 of the Revised Code as it	388
existed prior to July 1, 1996, a violation of section 2919.23 of	389
the Revised Code that would have been a violation of section	390
2905.04 of the Revised Code as it existed prior to July 1, 1996,	391
had the violation been committed prior to that date, or a	392
violation of section 2925.11 of the Revised Code that is not a	393
minor drug possession offense;	394

(b) A violation of an existing or former law of this state,	395
any other state, or the United States that is substantially	396
equivalent to any of the offenses listed in division (A)(1)(a) of	397
this section;	398

(c) If the request is made pursuant to section 3319.39 of the	399
Revised Code for an applicant who is a teacher, any offense	400
specified in section 3319.31 of the Revised Code.	401

(2) On receipt of a request pursuant to section 3712.09 or	402
3721.121 of the Revised Code, a completed form prescribed pursuant	403
to division (C)(1) of this section, and a set of fingerprint	404
impressions obtained in the manner described in division (C)(2) of	405
this section, the superintendent of the bureau of criminal	406
identification and investigation shall conduct a criminal records	407
check with respect to any person who has applied for employment in	408
a position for which a criminal records check is required by those	409
sections. The superintendent shall conduct the criminal records	410
check in the manner described in division (B) of this section to	411
determine whether any information exists that indicates that the	412
person who is the subject of the request previously has been	413
convicted of or pleaded guilty to any of the following:	414

(a) A violation of section 2903.01, 2903.02, 2903.03,	415
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	416
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	417
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	418
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	419
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	420
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	421
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	422
2925.22, 2925.23, or 3716.11 of the Revised Code;	423

(b) An existing or former law of this state, any other state,	424
or the United States that is substantially equivalent to any of	425
the offenses listed in division (A)(2)(a) of this section.	426

(3) On receipt of a request pursuant to section 173.27,	427
173.38, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081, or	428
5123.169 of the Revised Code, a completed form prescribed pursuant	429
to division (C)(1) of this section, and a set of fingerprint	430
impressions obtained in the manner described in division (C)(2) of	431
this section, the superintendent of the bureau of criminal	432
identification and investigation shall conduct a criminal records	433
check of the person for whom the request is made. The	434
superintendent shall conduct the criminal records check in the	435
manner described in division (B) of this section to determine	436
whether any information exists that indicates that the person who	437
is the subject of the request previously has been convicted of,	438
~~has~~or pleaded guilty to~~, or (except in the case of a request~~	439
~~pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised~~	440
~~Code) has been found eligible for intervention in lieu of~~	441
~~conviction for~~ any of the following, regardless of the date of the	442
conviction~~, the date~~or of the entry of the guilty plea~~, or~~	443
~~(except in the case of a request pursuant to section 5164.34,~~	444
~~5164.341, or 5164.342 of the Revised Code) the date the person was~~	445
~~found eligible for intervention in lieu of conviction~~:	446

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	447
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	448
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	449
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	450
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	451
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	452
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	453
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	454
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	455
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	456
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	457
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	458
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	459
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	460
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	461
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	462
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	463
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	464
2927.12, or 3716.11 of the Revised Code;	465

(b) Felonious sexual penetration in violation of former	466
section 2907.12 of the Revised Code;	467

(c) A violation of section 2905.04 of the Revised Code as it	468
existed prior to July 1, 1996;	469

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	470
the Revised Code when the underlying offense that is the object of	471
the conspiracy, attempt, or complicity is one of the offenses	472
listed in divisions (A)(3)(a) to (c) of this section;	473

(e) A violation of an existing or former municipal ordinance	474
or law of this state, any other state, or the United States that	475
is substantially equivalent to any of the offenses listed in	476
divisions (A)(3)(a) to (d) of this section.	477

(4) On receipt of a request pursuant to section 2151.86 of	478
the Revised Code, a completed form prescribed pursuant to division	479
(C)(1) of this section, and a set of fingerprint impressions	480
obtained in the manner described in division (C)(2) of this	481
section, the superintendent of the bureau of criminal	482
identification and investigation shall conduct a criminal records	483
check in the manner described in division (B) of this section to	484
determine whether any information exists that indicates that the	485
person who is the subject of the request previously has been	486
convicted of or pleaded guilty to any of the following:	487

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	488
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	489
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	490
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	491
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	492
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	493
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	494
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	495
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	496
of the Revised Code, a violation of section 2905.04 of the Revised	497
Code as it existed prior to July 1, 1996, a violation of section	498
2919.23 of the Revised Code that would have been a violation of	499
section 2905.04 of the Revised Code as it existed prior to July 1,	500
1996, had the violation been committed prior to that date, a	501
violation of section 2925.11 of the Revised Code that is not a	502
minor drug possession offense, two or more OVI or OVUAC violations	503
committed within the three years immediately preceding the	504
submission of the application or petition that is the basis of the	505
request, or felonious sexual penetration in violation of former	506
section 2907.12 of the Revised Code;	507

(b) A violation of an existing or former law of this state,	508
any other state, or the United States that is substantially	509
equivalent to any of the offenses listed in division (A)(4)(a) of	510
this section.	511

(5) Upon receipt of a request pursuant to section 5104.012 or	512
5104.013 of the Revised Code, a completed form prescribed pursuant	513
to division (C)(1) of this section, and a set of fingerprint	514
impressions obtained in the manner described in division (C)(2) of	515
this section, the superintendent of the bureau of criminal	516
identification and investigation shall conduct a criminal records	517
check in the manner described in division (B) of this section to	518
determine whether any information exists that indicates that the	519
person who is the subject of the request has been convicted of or	520
pleaded guilty to any of the following:	521

(a) A violation of section 2903.01, 2903.02, 2903.03,	522
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	523
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	524
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	525
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	526
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	527
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	528
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	529
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	530
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	531
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	532
3716.11 of the Revised Code, felonious sexual penetration in	533
violation of former section 2907.12 of the Revised Code, a	534
violation of section 2905.04 of the Revised Code as it existed	535
prior to July 1, 1996, a violation of section 2919.23 of the	536
Revised Code that would have been a violation of section 2905.04	537
of the Revised Code as it existed prior to July 1, 1996, had the	538
violation been committed prior to that date, a violation of	539
section 2925.11 of the Revised Code that is not a minor drug	540
possession offense, a violation of section 2923.02 or 2923.03 of	541
the Revised Code that relates to a crime specified in this	542
division, or a second violation of section 4511.19 of the Revised	543
Code within five years of the date of application for licensure or	544
certification.	545

(b) A violation of an existing or former law of this state,	546
any other state, or the United States that is substantially	547
equivalent to any of the offenses or violations described in	548
division (A)(5)(a) of this section.	549

(6) Upon receipt of a request pursuant to section 5153.111 of	550
the Revised Code, a completed form prescribed pursuant to division	551
(C)(1) of this section, and a set of fingerprint impressions	552
obtained in the manner described in division (C)(2) of this	553
section, the superintendent of the bureau of criminal	554
identification and investigation shall conduct a criminal records	555
check in the manner described in division (B) of this section to	556
determine whether any information exists that indicates that the	557
person who is the subject of the request previously has been	558
convicted of or pleaded guilty to any of the following:	559

(a) A violation of section 2903.01, 2903.02, 2903.03,	560
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	561
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	562
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	563
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	564
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	565
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	566
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	567
felonious sexual penetration in violation of former section	568
2907.12 of the Revised Code, a violation of section 2905.04 of the	569
Revised Code as it existed prior to July 1, 1996, a violation of	570
section 2919.23 of the Revised Code that would have been a	571
violation of section 2905.04 of the Revised Code as it existed	572
prior to July 1, 1996, had the violation been committed prior to	573
that date, or a violation of section 2925.11 of the Revised Code	574
that is not a minor drug possession offense;	575

(b) A violation of an existing or former law of this state,	576
any other state, or the United States that is substantially	577
equivalent to any of the offenses listed in division (A)(6)(a) of	578
this section.	579

(7) On receipt of a request for a criminal records check from	580
an individual pursuant to section 4749.03 or 4749.06 of the	581
Revised Code, accompanied by a completed copy of the form	582
prescribed in division (C)(1) of this section and a set of	583
fingerprint impressions obtained in a manner described in division	584
(C)(2) of this section, the superintendent of the bureau of	585
criminal identification and investigation shall conduct a criminal	586
records check in the manner described in division (B) of this	587
section to determine whether any information exists indicating	588
that the person who is the subject of the request has been	589
convicted of or pleaded guilty to a felony in this state or in any	590
other state. If the individual indicates that a firearm will be	591
carried in the course of business, the superintendent shall	592
require information from the federal bureau of investigation as	593
described in division (B)(2) of this section. Subject to division	594
(F) of this section, the superintendent shall report the findings	595
of the criminal records check and any information the federal	596
bureau of investigation provides to the director of public safety.	597

(8) On receipt of a request pursuant to section 1321.37,	598
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	599
Code, a completed form prescribed pursuant to division (C)(1) of	600
this section, and a set of fingerprint impressions obtained in the	601
manner described in division (C)(2) of this section, the	602
superintendent of the bureau of criminal identification and	603
investigation shall conduct a criminal records check with respect	604
to any person who has applied for a license, permit, or	605
certification from the department of commerce or a division in the	606
department. The superintendent shall conduct the criminal records	607
check in the manner described in division (B) of this section to	608
determine whether any information exists that indicates that the	609
person who is the subject of the request previously has been	610
convicted of or pleaded guilty to any of the following: a	611
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	612
2925.03 of the Revised Code; any other criminal offense involving	613
theft, receiving stolen property, embezzlement, forgery, fraud,	614
passing bad checks, money laundering, or drug trafficking, or any	615
criminal offense involving money or securities, as set forth in	616
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	617
the Revised Code; or any existing or former law of this state, any	618
other state, or the United States that is substantially equivalent	619
to those offenses.	620

(9) On receipt of a request for a criminal records check from	621
the treasurer of state under section 113.041 of the Revised Code	622
or from an individual under section 4701.08, 4715.101, 4717.061,	623
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	624
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	625
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	626
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	627
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code,	628
accompanied by a completed form prescribed under division (C)(1)	629
of this section and a set of fingerprint impressions obtained in	630
the manner described in division (C)(2) of this section, the	631
superintendent of the bureau of criminal identification and	632
investigation shall conduct a criminal records check in the manner	633
described in division (B) of this section to determine whether any	634
information exists that indicates that the person who is the	635
subject of the request has been convicted of or pleaded guilty to	636
any criminal offense in this state or any other state. Subject to	637
division (F) of this section, the superintendent shall send the	638
results of a check requested under section 113.041 of the Revised	639
Code to the treasurer of state and shall send the results of a	640
check requested under any of the other listed sections to the	641
licensing board specified by the individual in the request.	642

(10) On receipt of a request pursuant to section 1121.23,	643
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	644
Code, a completed form prescribed pursuant to division (C)(1) of	645
this section, and a set of fingerprint impressions obtained in the	646
manner described in division (C)(2) of this section, the	647
superintendent of the bureau of criminal identification and	648
investigation shall conduct a criminal records check in the manner	649
described in division (B) of this section to determine whether any	650
information exists that indicates that the person who is the	651
subject of the request previously has been convicted of or pleaded	652
guilty to any criminal offense under any existing or former law of	653
this state, any other state, or the United States.	654

(11) On receipt of a request for a criminal records check	655
from an appointing or licensing authority under section 3772.07 of	656
the Revised Code, a completed form prescribed under division	657
(C)(1) of this section, and a set of fingerprint impressions	658
obtained in the manner prescribed in division (C)(2) of this	659
section, the superintendent of the bureau of criminal	660
identification and investigation shall conduct a criminal records	661
check in the manner described in division (B) of this section to	662
determine whether any information exists that indicates that the	663
person who is the subject of the request previously has been	664
convicted of or pleaded guilty or no contest to any offense under	665
any existing or former law of this state, any other state, or the	666
United States that is a disqualifying offense as defined in	667
section 3772.07 of the Revised Code or substantially equivalent to	668
such an offense.	669

(12) On receipt of a request pursuant to section 2151.33 or	670
2151.412 of the Revised Code, a completed form prescribed pursuant	671
to division (C)(1) of this section, and a set of fingerprint	672
impressions obtained in the manner described in division (C)(2) of	673
this section, the superintendent of the bureau of criminal	674
identification and investigation shall conduct a criminal records	675
check with respect to any person for whom a criminal records check	676
is required by that section. The superintendent shall conduct the	677
criminal records check in the manner described in division (B) of	678
this section to determine whether any information exists that	679
indicates that the person who is the subject of the request	680
previously has been convicted of or pleaded guilty to any of the	681
following:	682

(a) A violation of section 2903.01, 2903.02, 2903.03,	683
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	684
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	685
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	686
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	687
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	688
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	689
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	690
2925.22, 2925.23, or 3716.11 of the Revised Code;	691

(b) An existing or former law of this state, any other state,	692
or the United States that is substantially equivalent to any of	693
the offenses listed in division (A)(12)(a) of this section.	694

(B) Subject to division (F) of this section, the	695
superintendent shall conduct any criminal records check to be	696
conducted under this section as follows:	697

(1) The superintendent shall review or cause to be reviewed	698
any relevant information gathered and compiled by the bureau under	699
division (A) of section 109.57 of the Revised Code that relates to	700
the person who is the subject of the criminal records check,	701
including, if the criminal records check was requested under	702
section 113.041, 121.08, 173.27, 173.38, 1121.23, 1155.03,	703
1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03, 1322.031,	704
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	705
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	706
5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or	707
5153.111 of the Revised Code, any relevant information contained	708
in records that have been sealed under section 2953.32 of the	709
Revised Code;	710

(2) If the request received by the superintendent asks for	711
information from the federal bureau of investigation, the	712
superintendent shall request from the federal bureau of	713
investigation any information it has with respect to the person	714
who is the subject of the criminal records check, including	715
fingerprint-based checks of national crime information databases	716
as described in 42 U.S.C. 671 if the request is made pursuant to	717
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	718
any other Revised Code section requires fingerprint-based checks	719
of that nature, and shall review or cause to be reviewed any	720
information the superintendent receives from that bureau. If a	721
request under section 3319.39 of the Revised Code asks only for	722
information from the federal bureau of investigation, the	723
superintendent shall not conduct the review prescribed by division	724
(B)(1) of this section.	725

(3) The superintendent or the superintendent's designee may	726
request criminal history records from other states or the federal	727
government pursuant to the national crime prevention and privacy	728
compact set forth in section 109.571 of the Revised Code.	729

(4) The superintendent shall include in the results of the	730
criminal records check a list or description of the offenses	731
listed or described in division (A)(1), (2), (3), (4), (5), (6),	732
(7), (8), (9), (10), (11), or (12) of this section, whichever	733
division requires the superintendent to conduct the criminal	734
records check. The superintendent shall exclude from the results	735
any information the dissemination of which is prohibited by	736
federal law.	737

(5) The superintendent shall send the results of the criminal	738
records check to the person to whom it is to be sent not later	739
than the following number of days after the date the	740
superintendent receives the request for the criminal records	741
check, the completed form prescribed under division (C)(1) of this	742
section, and the set of fingerprint impressions obtained in the	743
manner described in division (C)(2) of this section:	744

(a) If the superintendent is required by division (A) of this	745
section (other than division (A)(3) of this section) to conduct	746
the criminal records check, thirty;	747

(b) If the superintendent is required by division (A)(3) of	748
this section to conduct the criminal records check, sixty.	749

(C)(1) The superintendent shall prescribe a form to obtain	750
the information necessary to conduct a criminal records check from	751
any person for whom a criminal records check is to be conducted	752
under this section. The form that the superintendent prescribes	753
pursuant to this division may be in a tangible format, in an	754
electronic format, or in both tangible and electronic formats.	755

(2) The superintendent shall prescribe standard impression	756
sheets to obtain the fingerprint impressions of any person for	757
whom a criminal records check is to be conducted under this	758
section. Any person for whom a records check is to be conducted	759
under this section shall obtain the fingerprint impressions at a	760
county sheriff's office, municipal police department, or any other	761
entity with the ability to make fingerprint impressions on the	762
standard impression sheets prescribed by the superintendent. The	763
office, department, or entity may charge the person a reasonable	764
fee for making the impressions. The standard impression sheets the	765
superintendent prescribes pursuant to this division may be in a	766
tangible format, in an electronic format, or in both tangible and	767
electronic formats.	768

(3) Subject to division (D) of this section, the	769
superintendent shall prescribe and charge a reasonable fee for	770
providing a criminal records check under this section. The person	771
requesting the criminal records check shall pay the fee prescribed	772
pursuant to this division. In the case of a request under section	773
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	774
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in	775
the manner specified in that section.	776

(4) The superintendent of the bureau of criminal	777
identification and investigation may prescribe methods of	778
forwarding fingerprint impressions and information necessary to	779
conduct a criminal records check, which methods shall include, but	780
not be limited to, an electronic method.	781

(D) The results of a criminal records check conducted under	782
this section, other than a criminal records check specified in	783
division (A)(7) of this section, are valid for the person who is	784
the subject of the criminal records check for a period of one year	785
from the date upon which the superintendent completes the criminal	786
records check. If during that period the superintendent receives	787
another request for a criminal records check to be conducted under	788
this section for that person, the superintendent shall provide the	789
results from the previous criminal records check of the person at	790
a lower fee than the fee prescribed for the initial criminal	791
records check.	792

(E) When the superintendent receives a request for	793
information from a registered private provider, the superintendent	794
shall proceed as if the request was received from a school	795
district board of education under section 3319.39 of the Revised	796
Code. The superintendent shall apply division (A)(1)(c) of this	797
section to any such request for an applicant who is a teacher.	798

(F)(1) All information regarding the results of a criminal	799
records check conducted under this section that the superintendent	800
reports or sends under division (A)(7) or (9) of this section to	801
the director of public safety, the treasurer of state, or the	802
person, board, or entity that made the request for the criminal	803
records check shall relate to the conviction of the subject	804
person, or the subject person's plea of guilty to, a criminal	805
offense.	806

(2) Division (F)(1) of this section does not limit, restrict,	807
or preclude the superintendent's release of information that	808
relates to an adjudication of a child as a delinquent child, or	809
that relates to a criminal conviction of a person under eighteen	810
years of age if the person's case was transferred back to a	811
juvenile court under division (B)(2) or (3) of section 2152.121 of	812
the Revised Code and the juvenile court imposed a disposition or	813
serious youthful offender disposition upon the person under either	814
division, if either of the following applies with respect to the	815
adjudication or conviction:	816

(a) The adjudication or conviction was for a violation of	817
section 2903.01 or 2903.02 of the Revised Code.	818

(b) The adjudication or conviction was for a sexually	819
oriented offense, as defined in section 2950.01 of the Revised	820
Code, the juvenile court was required to classify the child a	821
juvenile offender registrant for that offense under section	822
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	823
classification has not been removed.	824

(G) As used in this section:

825

(1) "Criminal records check" means any criminal records check	826
conducted by the superintendent of the bureau of criminal	827
identification and investigation in accordance with division (B)	828
of this section.	829

(2) "Minor drug possession offense" has the same meaning as	830
in section 2925.01 of the Revised Code.	831

(3) "OVI or OVUAC violation" means a violation of section	832
4511.19 of the Revised Code or a violation of an existing or	833
former law of this state, any other state, or the United States	834
that is substantially equivalent to section 4511.19 of the Revised	835
Code.	836

(4) "Registered private provider" means a nonpublic school or	837
entity registered with the superintendent of public instruction	838
under section 3310.41 of the Revised Code to participate in the	839
autism scholarship program or section 3310.58 of the Revised Code	840
to participate in the Jon Peterson special needs scholarship	841
program.	842

Sec. 109.5721. (A) As used in this section:

843

(1) "Employment" includes volunteer service.

844

(2) "Licensure" means the authorization, evidenced by a	845
license, certificate, registration, permit, or other authority	846
that is issued or conferred by a public office, to engage in a	847
profession, occupation, or occupational activity, to be a foster	848
caregiver, or to have control of and operate certain specific	849
equipment, machinery, or premises over which a public office has	850
jurisdiction.	851

(3) "Participating public office" means a public office that	852
requires a fingerprint background check as a condition of	853
employment with, licensure by, or approval for adoption by the	854
public office and that elects to receive notice under division (C)	855
of this section in accordance with rules adopted by the attorney	856
general.	857

(4) "Public office" has the same meaning as in section 117.01	858
of the Revised Code.	859

(5) "Participating private party" means any person or private	860
entity that is allowed to request a criminal records check	861
pursuant to divisions (A)(2) or (3) of section 109.572 of the	862
Revised Code.	863

(B) Within six months after August 15, 2007, the	864
superintendent of the bureau of criminal identification and	865
investigation shall establish and maintain a database of	866
fingerprints of individuals on whom the bureau has conducted	867
criminal records checks for the purpose of determining eligibility	868
for employment with, licensure by, or approval for adoption by a	869
public office or participating private party. The superintendent	870
shall maintain the database separate and apart from other records	871
maintained by the bureau. The database shall be known as the	872
retained applicant fingerprint database.	873

(C) When the superintendent receives information that an	874
individual whose name is in the retained applicant fingerprint	875
database has been arrested for, convicted of, or pleaded guilty to	876
any offense, the superintendent shall promptly notify any	877
participating public office or participating private party that	878
employs, licensed, or approved the individual of the arrest,	879
conviction, or guilty plea. The public office or participating	880
private party that receives the notification and its employees and	881
officers shall use the information contained in the notification	882
solely to determine the individual's eligibility for continued	883
employment with the public office or participating private party,	884
to retain licensure issued by the public office, or to be approved	885
for adoption by the public office. The public office or	886
participating private party and its employees and officers shall	887
not disclose that information to any person for any other purpose.	888

(D) If an individual has submitted fingerprint impressions	889
for employment with, licensure by, or approval for adoption by a	890
participating public office or participating private party and	891
seeks employment with, licensure by, or approval for adoption by	892
another participating public office or participating private	893
party, the other public office or participating private party	894
shall reprint the individual. If an individual has been reprinted,	895
the superintendent shall update that individual's information	896
accordingly.	897

(E) The bureau of criminal identification and investigation	898
and the participating public office or participating private party	899
shall use information contained in the retained applicant	900
fingerprint database and in the notice described in division (C)	901
of this section for the purpose of employment with, licensure by,	902
or approval for adoption by the participating public office or	903
participating private party. This information is otherwise	904
confidential and not a public record under section 149.43 of the	905
Revised Code.	906

(F) The attorney general shall adopt rules in accordance with	907
Chapter 119. of the Revised Code governing the operation and	908
maintenance of the database. The rules shall provide for, but not	909
be limited to, both of the following:	910

(1) The expungement or sealing of records of individuals who	911
are deceased or who are no longer employed, granted licensure, or	912
approved for adoption by the public office or participating	913
private party that required submission of the individual's	914
fingerprints;	915

(2) The terms under which a public office or participating	916
private party may elect to receive notification under division (C)	917
of this section, including payment of any reasonable fee that may	918
be charged for the purpose.	919

(G) No public office or employee of a public office shall be	920
considered negligent in a civil action solely because the public	921
office did not elect to be a participating public office.	922

(H)(1) No person shall knowingly use information contained in	923
or received from the retained applicant fingerprint database for	924
purposes not authorized by this section.	925

(2) No person shall knowingly use information contained in or	926
received from the retained applicant fingerprint database with the	927
intent to harass or intimidate another person.	928

(3) Whoever violates division (H)(1) or (H)(2) of this	929
section is guilty of unlawful use of retained applicant	930
fingerprint database records. A violation of division (H)(1) of	931
this section is a misdemeanor of the fourth degree. A violation of	932
division (H)(2) of this section is a misdemeanor of the first	933
degree.	934

Sec. 111.15. (A) As used in this section:

935

(1) "Rule" includes any rule, regulation, bylaw, or standard	936
having a general and uniform operation adopted by an agency under	937
the authority of the laws governing the agency; any appendix to a	938
rule; and any internal management rule. "Rule" does not include	939
any guideline adopted pursuant to section 3301.0714 of the Revised	940
Code, any order respecting the duties of employees, any finding,	941
any determination of a question of law or fact in a matter	942
presented to an agency, or any rule promulgated pursuant to	943
Chapter 119., section 4141.14, division (C)(1) or (2) of section	944
5117.02, or section 5703.14 of the Revised Code. "Rule" includes	945
any amendment or rescission of a rule.	946

(2) "Agency" means any governmental entity of the state and	947
includes, but is not limited to, any board, department, division,	948
commission, bureau, society, council, institution, state college	949
or university, community college district, technical college	950
district, or state community college. "Agency" does not include	951
the general assembly, the controlling board, the adjutant	952
general's department, or any court.	953

(3) "Internal management rule" means any rule, regulation,	954
bylaw, or standard governing the day-to-day staff procedures and	955
operations within an agency.	956

(4) "Substantive revision" has the same meaning as in	957
division (J) of section 119.01 of the Revised Code.	958

(B)(1) Any rule, other than a rule of an emergency nature,	959
adopted by any agency pursuant to this section shall be effective	960
on the tenth day after the day on which the rule in final form and	961
in compliance with division (B)(3) of this section is filed as	962
follows:	963

(a) The rule shall be filed in electronic form with both the	964
secretary of state and the director of the legislative service	965
commission;	966

(b) The rule shall be filed in electronic form with the joint	967
committee on agency rule review. Division (B)(1)(b) of this	968
section does not apply to any rule to which division (D) of this	969
section does not apply.	970

An agency that adopts or amends a rule that is subject to	971
division (D) of this section shall assign a review date to the	972
rule that is not later than five years after its effective date.	973
If no review date is assigned to a rule, or if a review date	974
assigned to a rule exceeds the five-year maximum, the review date	975
for the rule is five years after its effective date. A rule with a	976
review date is subject to review under section 119.032 of the	977
Revised Code. This paragraph does not apply to a rule of a state	978
college or university, community college district, technical	979
college district, or state community college.	980

If all filings are not completed on the same day, the rule	981
shall be effective on the tenth day after the day on which the	982
latest filing is completed. If an agency in adopting a rule	983
designates an effective date that is later than the effective date	984
provided for by division (B)(1) of this section, the rule if filed	985
as required by such division shall become effective on the later	986
date designated by the agency.	987

Any rule that is required to be filed under division (B)(1)	988
of this section is also subject to division (D) of this section if	989
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or	990
(8) of this section.	991

If a rule incorporates a text or other material by reference,	992
the agency shall comply with sections 121.71 to 121.76 of the	993
Revised Code.	994

(2) A rule of an emergency nature necessary for the immediate	995
preservation of the public peace, health, or safety shall state	996
the reasons for the necessity. The emergency rule, in final form	997
and in compliance with division (B)(3) of this section, shall be	998
filed in electronic form with the secretary of state, the director	999
of the legislative service commission, and the joint committee on	1000
agency rule review. The emergency rule is effective immediately	1001
upon completion of the latest filing, except that if the agency in	1002
adopting the emergency rule designates an effective date, or date	1003
and time of day, that is later than the effective date and time	1004
provided for by division (B)(2) of this section, the emergency	1005
rule if filed as required by such division shall become effective	1006
at the later date, or later date and time of day, designated by	1007
the agency.	1008

An emergency rule becomes invalid at the end of the ~~ninetieth~~	1009
one hundred twentieth day it is in effect. Prior to that date, the	1010
agency may file the emergency rule as a nonemergency rule in	1011
compliance with division (B)(1) of this section. The agency may	1012
not refile the emergency rule in compliance with division (B)(2)	1013
of this section so that, upon the emergency rule becoming invalid	1014
under such division, the emergency rule will continue in effect	1015
without interruption for another ~~ninety-day~~one hundred twenty-day	1016
period.	1017

(3) An agency shall file a rule under division (B)(1) or (2)	1018
of this section in compliance with the following standards and	1019
procedures:	1020

(a) The rule shall be numbered in accordance with the	1021
numbering system devised by the director for the Ohio	1022
administrative code.	1023

(b) The rule shall be prepared and submitted in compliance	1024
with the rules of the legislative service commission.	1025

(c) The rule shall clearly state the date on which it is to	1026
be effective and the date on which it will expire, if known.	1027

(d) Each rule that amends or rescinds another rule shall	1028
clearly refer to the rule that is amended or rescinded. Each	1029
amendment shall fully restate the rule as amended.	1030

If the director of the legislative service commission or the	1031
director's designee gives an agency notice pursuant to section	1032
103.05 of the Revised Code that a rule filed by the agency is not	1033
in compliance with the rules of the legislative service	1034
commission, the agency shall within thirty days after receipt of	1035
the notice conform the rule to the rules of the commission as	1036
directed in the notice.	1037

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	1038
of this section shall be recorded by the secretary of state and	1039
the director under the title of the agency adopting the rule and	1040
shall be numbered according to the numbering system devised by the	1041
director. The secretary of state and the director shall preserve	1042
the rules in an accessible manner. Each such rule shall be a	1043
public record open to public inspection and may be transmitted to	1044
any law publishing company that wishes to reproduce it.	1045

(D) At least sixty-five days before a board, commission,	1046
department, division, or bureau of the government of the state	1047
files a rule under division (B)(1) of this section, it shall file	1048
the full text of the proposed rule in electronic form with the	1049
joint committee on agency rule review, and the proposed rule is	1050
subject to legislative review and invalidation under division (I)	1051
of section 119.03 of the Revised Code. If a state board,	1052
commission, department, division, or bureau makes a substantive	1053
revision in a proposed rule after it is filed with the joint	1054
committee, the state board, commission, department, division, or	1055
bureau shall promptly file the full text of the proposed rule in	1056
its revised form in electronic form with the joint committee. The	1057
latest version of a proposed rule as filed with the joint	1058
committee supersedes each earlier version of the text of the same	1059
proposed rule. A state board, commission, department, division, or	1060
bureau shall also file the rule summary and fiscal analysis	1061
prepared under section 127.18 of the Revised Code in electronic	1062
form along with a proposed rule, and along with a proposed rule in	1063
revised form, that is filed under this division. If a proposed	1064
rule has an adverse impact on businesses, the state board,	1065
commission, department, division, or bureau also shall file the	1066
business impact analysis, any recommendations received from the	1067
common sense initiative office, and the associated memorandum of	1068
response, if any, in electronic form along with the proposed rule,	1069
or the proposed rule in revised form, that is filed under this	1070
division.	1071

As used in this division, "commission" includes the public	1072
utilities commission when adopting rules under a federal or state	1073
statute.	1074

This division does not apply to any of the following:

1075

(1) A proposed rule of an emergency nature;

1076

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	1077
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,	1078
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised	1079
Code;	1080

(3) A rule proposed by an agency other than a board,	1081
commission, department, division, or bureau of the government of	1082
the state;	1083

(4) A proposed internal management rule of a board,	1084
commission, department, division, or bureau of the government of	1085
the state;	1086

(5) Any proposed rule that must be adopted verbatim by an	1087
agency pursuant to federal law or rule, to become effective within	1088
sixty days of adoption, in order to continue the operation of a	1089
federally reimbursed program in this state, so long as the	1090
proposed rule contains both of the following:	1091

(a) A statement that it is proposed for the purpose of	1092
complying with a federal law or rule;	1093

(b) A citation to the federal law or rule that requires	1094
verbatim compliance.	1095

(6) An initial rule proposed by the director of health to	1096
impose safety standards and quality-of-care standards with respect	1097
to a health service specified in section 3702.11 of the Revised	1098
Code, or an initial rule proposed by the director to impose	1099
quality standards on a facility listed in division (A)(4) of	1100
section 3702.30 of the Revised Code, if section 3702.12 of the	1101
Revised Code requires that the rule be adopted under this section;	1102

(7) A rule of the state lottery commission pertaining to	1103
instant game rules.	1104

If a rule is exempt from legislative review under division	1105
(D)(5) of this section, and if the federal law or rule pursuant to	1106
which the rule was adopted expires, is repealed or rescinded, or	1107
otherwise terminates, the rule is thereafter subject to	1108
legislative review under division (D) of this section.	1109

(E) Whenever a state board, commission, department, division,	1110
or bureau files a proposed rule or a proposed rule in revised form	1111
under division (D) of this section, it shall also file the full	1112
text of the same proposed rule or proposed rule in revised form in	1113
electronic form with the secretary of state and the director of	1114
the legislative service commission. A state board, commission,	1115
department, division, or bureau shall file the rule summary and	1116
fiscal analysis prepared under section 127.18 of the Revised Code	1117
in electronic form along with a proposed rule or proposed rule in	1118
revised form that is filed with the secretary of state or the	1119
director of the legislative service commission.	1120

Sec. 119.03. In the adoption, amendment, or rescission of	1121
any rule, an agency shall comply with the following procedure:	1122

(A) Reasonable public notice shall be given in the register	1123
of Ohio at least thirty days prior to the date set for a hearing,	1124
in the form the agency determines. The agency shall file copies of	1125
the public notice under division (B) of this section. (The agency	1126
gives public notice in the register of Ohio when the public notice	1127
is published in the register under that division.)	1128

The public notice shall include:

1129

(1) A statement of the agency's intention to consider	1130
adopting, amending, or rescinding a rule;	1131

(2) A synopsis of the proposed rule, amendment, or rule to be	1132
rescinded or a general statement of the subject matter to which	1133
the proposed rule, amendment, or rescission relates;	1134

(3) A statement of the reason or purpose for adopting,	1135
amending, or rescinding the rule;	1136

(4) The date, time, and place of a hearing on the proposed	1137
action, which shall be not earlier than the thirty-first nor later	1138
than the fortieth day after the proposed rule, amendment, or	1139
rescission is filed under division (B) of this section.	1140

In addition to public notice given in the register of Ohio,	1141
the agency may give whatever other notice it reasonably considers	1142
necessary to ensure notice constructively is given to all persons	1143
who are subject to or affected by the proposed rule, amendment, or	1144
rescission.	1145

The agency shall provide a copy of the public notice required	1146
under division (A) of this section to any person who requests it	1147
and pays a reasonable fee, not to exceed the cost of copying and	1148
mailing.	1149

(B) The full text of the proposed rule, amendment, or rule to	1150
be rescinded, accompanied by the public notice required under	1151
division (A) of this section, shall be filed in electronic form	1152
with the secretary of state and with the director of the	1153
legislative service commission. (If in compliance with this	1154
division an agency files more than one proposed rule, amendment,	1155
or rescission at the same time, and has prepared a public notice	1156
under division (A) of this section that applies to more than one	1157
of the proposed rules, amendments, or rescissions, the agency	1158
shall file only one notice with the secretary of state and with	1159
the director for all of the proposed rules, amendments, or	1160
rescissions to which the notice applies.) The proposed rule,	1161
amendment, or rescission and public notice shall be filed as	1162
required by this division at least sixty-five days prior to the	1163
date on which the agency, in accordance with division (D) of this	1164
section, issues an order adopting the proposed rule, amendment, or	1165
rescission.	1166

If the proposed rule, amendment, or rescission incorporates a	1167
text or other material by reference, the agency shall comply with	1168
sections 121.71 to 121.76 of the Revised Code.	1169

The proposed rule, amendment, or rescission shall be	1170
available for at least thirty days prior to the date of the	1171
hearing at the office of the agency in printed or other legible	1172
form without charge to any person affected by the proposal.	1173
Failure to furnish such text to any person requesting it shall not	1174
invalidate any action of the agency in connection therewith.	1175

If the agency files a substantive revision in the text of the	1176
proposed rule, amendment, or rescission under division (H) of this	1177
section, it shall also promptly file the full text of the proposed	1178
rule, amendment, or rescission in its revised form in electronic	1179
form with the secretary of state and with the director of the	1180
legislative service commission.	1181

The agency shall file the rule summary and fiscal analysis	1182
prepared under section 127.18 of the Revised Code in electronic	1183
form along with a proposed rule, amendment, or rescission or	1184
proposed rule, amendment, or rescission in revised form that is	1185
filed with the secretary of state or the director of the	1186
legislative service commission.	1187

The director of the legislative service commission shall	1188
publish in the register of Ohio the full text of the original and	1189
each revised version of a proposed rule, amendment, or rescission;	1190
the full text of a public notice; and the full text of a rule	1191
summary and fiscal analysis that is filed with the director under	1192
this division.	1193

(C) On the date and at the time and place designated in the	1194
notice, the agency shall conduct a public hearing at which any	1195
person affected by the proposed action of the agency may appear	1196
and be heard in person, by the person's attorney, or both, may	1197
present the person's position, arguments, or contentions, orally	1198
or in writing, offer and examine witnesses, and present evidence	1199
tending to show that the proposed rule, amendment, or rescission,	1200
if adopted or effectuated, will be unreasonable or unlawful. An	1201
agency may permit persons affected by the proposed rule,	1202
amendment, or rescission to present their positions, arguments, or	1203
contentions in writing, not only at the hearing, but also for a	1204
reasonable period before, after, or both before and after the	1205
hearing. A person who presents a position or arguments or	1206
contentions in writing before or after the hearing is not required	1207
to appear at the hearing.	1208

At the hearing, the testimony shall be recorded. Such record	1209
shall be made at the expense of the agency. The agency is required	1210
to transcribe a record that is not sight readable only if a person	1211
requests transcription of all or part of the record and agrees to	1212
reimburse the agency for the costs of the transcription. An agency	1213
may require the person to pay in advance all or part of the cost	1214
of the transcription.	1215

In any hearing under this section the agency may administer	1216
oaths or affirmations.	1217

(D) After complying with divisions (A), (B), (C), and (H) of	1218
this section, and when the time for legislative review and	1219
invalidation under division (I) of this section has expired, the	1220
agency may issue an order adopting the proposed rule or the	1221
proposed amendment or rescission of the rule, consistent with the	1222
synopsis or general statement included in the public notice. At	1223
that time the agency shall designate the effective date of the	1224
rule, amendment, or rescission, which shall not be earlier than	1225
the tenth day after the rule, amendment, or rescission has been	1226
filed in its final form as provided in section 119.04 of the	1227
Revised Code.	1228

(E) Prior to the effective date of a rule, amendment, or	1229
rescission, the agency shall make a reasonable effort to inform	1230
those affected by the rule, amendment, or rescission and to have	1231
available for distribution to those requesting it the full text of	1232
the rule as adopted or as amended.	1233

(F) If the governor, upon the request of an agency,	1234
determines that an emergency requires the immediate adoption,	1235
amendment, or rescission of a rule, the governor shall issue an	1236
order, the text of which shall be filed in electronic form with	1237
the agency, the secretary of state, the director of the	1238
legislative service commission, and the joint committee on agency	1239
rule review, that the procedure prescribed by this section with	1240
respect to the adoption, amendment, or rescission of a specified	1241
rule is suspended. The agency may then adopt immediately the	1242
emergency rule, amendment, or rescission and it becomes effective	1243
on the date the rule, amendment, or rescission, in final form and	1244
in compliance with division (A)(2) of section 119.04 of the	1245
Revised Code, is filed in electronic form with the secretary of	1246
state, the director of the legislative service commission, and the	1247
joint committee on agency rule review. If all filings are not	1248
completed on the same day, the emergency rule, amendment, or	1249
rescission shall be effective on the day on which the latest	1250
filing is completed. The director shall publish the full text of	1251
the emergency rule, amendment, or rescission in the register of	1252
Ohio.	1253

The emergency rule, amendment, or rescission shall become	1254
invalid at the end of the ~~ninetieth~~one hundred twentieth day it	1255
is in effect. Prior to that date the agency may adopt the	1256
emergency rule, amendment, or rescission as a nonemergency rule,	1257
amendment, or rescission by complying with the procedure	1258
prescribed by this section for the adoption, amendment, and	1259
rescission of nonemergency rules. The agency shall not use the	1260
procedure of this division to readopt the emergency rule,	1261
amendment, or rescission so that, upon the emergency rule,	1262
amendment, or rescission becoming invalid under this division, the	1263
emergency rule, amendment, or rescission will continue in effect	1264
without interruption for another ~~ninety-day~~one hundred twenty-day	1265
period, except when division (I)(2)(a) of this section prevents	1266
the agency from adopting the emergency rule, amendment, or	1267
rescission as a nonemergency rule, amendment, or rescission within	1268
the ~~ninety-day~~one hundred twenty-day period.	1269

This division does not apply to the adoption of any emergency	1270
rule, amendment, or rescission by the tax commissioner under	1271
division (C)(2) of section 5117.02 of the Revised Code.	1272

(G) Rules adopted by an authority within the department of	1273
job and family services for the administration or enforcement of	1274
Chapter 4141. of the Revised Code or of the department of taxation	1275
shall be effective without a hearing as provided by this section	1276
if the statutes pertaining to such agency specifically give a	1277
right of appeal to the board of tax appeals or to a higher	1278
authority within the agency or to a court, and also give the	1279
appellant a right to a hearing on such appeal. This division does	1280
not apply to the adoption of any rule, amendment, or rescission by	1281
the tax commissioner under division (C)(1) or (2) of section	1282
5117.02 of the Revised Code, or deny the right to file an action	1283
for declaratory judgment as provided in Chapter 2721. of the	1284
Revised Code from the decision of the board of tax appeals or of	1285
the higher authority within such agency.	1286

(H) When any agency files a proposed rule, amendment, or	1287
rescission under division (B) of this section, it shall also file	1288
in electronic form with the joint committee on agency rule review	1289
the full text of the proposed rule, amendment, or rule to be	1290
rescinded in the same form and the public notice required under	1291
division (A) of this section. (If in compliance with this division	1292
an agency files more than one proposed rule, amendment, or	1293
rescission at the same time, and has given a public notice under	1294
division (A) of this section that applies to more than one of the	1295
proposed rules, amendments, or rescissions, the agency shall file	1296
only one notice with the joint committee for all of the proposed	1297
rules, amendments, or rescissions to which the notice applies.) If	1298
the agency makes a substantive revision in a proposed rule,	1299
amendment, or rescission after it is filed with the joint	1300
committee, the agency shall promptly file the full text of the	1301
proposed rule, amendment, or rescission in its revised form in	1302
electronic form with the joint committee. The latest version of a	1303
proposed rule, amendment, or rescission as filed with the joint	1304
committee supersedes each earlier version of the text of the same	1305
proposed rule, amendment, or rescission. An agency shall file the	1306
rule summary and fiscal analysis prepared under section 127.18 of	1307
the Revised Code in electronic form along with a proposed rule,	1308
amendment, or rescission, and along with a proposed rule,	1309
amendment, or rescission in revised form, that is filed under this	1310
division. If a proposed rule, amendment, or rescission has an	1311
adverse impact on businesses, the agency also shall file the	1312
business impact analysis, any recommendations received from the	1313
common sense initiative office, and the agency's memorandum of	1314
response, if any, in electronic form along with the proposed rule,	1315
amendment, or rescission, or along with the proposed rule,	1316
amendment, or rescission in revised form, that is filed under this	1317
division.	1318

This division does not apply to:

1319

(1) An emergency rule, amendment, or rescission;

1320

(2) Any proposed rule, amendment, or rescission that must be	1321
adopted verbatim by an agency pursuant to federal law or rule, to	1322
become effective within sixty days of adoption, in order to	1323
continue the operation of a federally reimbursed program in this	1324
state, so long as the proposed rule contains both of the	1325
following:	1326

(a) A statement that it is proposed for the purpose of	1327
complying with a federal law or rule;	1328

(b) A citation to the federal law or rule that requires	1329
verbatim compliance.	1330

If a rule or amendment is exempt from legislative review	1331
under division (H)(2) of this section, and if the federal law or	1332
rule pursuant to which the rule or amendment was adopted expires,	1333
is repealed or rescinded, or otherwise terminates, the rule or	1334
amendment, or its rescission, is thereafter subject to legislative	1335
review under division (H) of this section.	1336

(I)(1) The joint committee on agency rule review may	1337
recommend the adoption of a concurrent resolution invalidating a	1338
proposed rule, amendment, rescission, or part thereof if it finds	1339
any of the following:	1340

(a) That the rule-making agency has exceeded the scope of its	1341
statutory authority in proposing the rule, amendment, or	1342
rescission;	1343

(b) That the proposed rule, amendment, or rescission	1344
conflicts with another rule, amendment, or rescission adopted by	1345
the same or a different rule-making agency;	1346

(c) That the proposed rule, amendment, or rescission	1347
conflicts with the legislative intent in enacting the statute	1348
under which the rule-making agency proposed the rule, amendment,	1349
or rescission;	1350

(d) That the rule-making agency has failed to prepare a	1351
complete and accurate rule summary and fiscal analysis of the	1352
proposed rule, amendment, or rescission as required by section	1353
127.18 of the Revised Code;	1354

(e) That the proposed rule, amendment, or rescission	1355
incorporates a text or other material by reference and either the	1356
rule-making agency has failed to file the text or other material	1357
incorporated by reference as required by section 121.73 of the	1358
Revised Code or, in the case of a proposed rule or amendment, the	1359
incorporation by reference fails to meet the standards stated in	1360
section 121.72, 121.75, or 121.76 of the Revised Code;	1361

(f) That the rule-making agency has failed to demonstrate	1362
through the business impact analysis, recommendations from the	1363
common sense initiative office, and the memorandum of response the	1364
agency has filed under division (H) of this section that the	1365
regulatory intent of the proposed rule, amendment, or rescission	1366
justifies its adverse impact on businesses in this state.	1367

The joint committee shall not hold its public hearing on a	1368
proposed rule, amendment, or rescission earlier than the	1369
forty-first day after the original version of the proposed rule,	1370
amendment, or rescission was filed with the joint committee.	1371

The house of representatives and senate may adopt a	1372
concurrent resolution invalidating a proposed rule, amendment,	1373
rescission, or part thereof. The concurrent resolution shall state	1374
which of the specific rules, amendments, rescissions, or parts	1375
thereof are invalidated. A concurrent resolution invalidating a	1376
proposed rule, amendment, or rescission shall be adopted not later	1377
than the sixty-fifth day after the original version of the text of	1378
the proposed rule, amendment, or rescission is filed with the	1379
joint committee, except that if more than thirty-five days after	1380
the original version is filed the rule-making agency either files	1381
a revised version of the text of the proposed rule, amendment, or	1382
rescission, or revises the rule summary and fiscal analysis in	1383
accordance with division (I)(4) of this section, a concurrent	1384
resolution invalidating the proposed rule, amendment, or	1385
rescission shall be adopted not later than the thirtieth day after	1386
the revised version of the proposed rule or rule summary and	1387
fiscal analysis is filed. If, after the joint committee on agency	1388
rule review recommends the adoption of a concurrent resolution	1389
invalidating a proposed rule, amendment, rescission, or part	1390
thereof, the house of representatives or senate does not, within	1391
the time remaining for adoption of the concurrent resolution, hold	1392
five floor sessions at which its journal records a roll call vote	1393
disclosing a sufficient number of members in attendance to pass a	1394
bill, the time within which that house may adopt the concurrent	1395
resolution is extended until it has held five such floor sessions.	1396

Within five days after the adoption of a concurrent	1397
resolution invalidating a proposed rule, amendment, rescission, or	1398
part thereof, the clerk of the senate shall send the rule-making	1399
agency, the secretary of state, and the director of the	1400
legislative service commission in electronic form a certified text	1401
of the resolution together with a certification stating the date	1402
on which the resolution takes effect. The secretary of state and	1403
the director of the legislative service commission shall each note	1404
the invalidity of the proposed rule, amendment, rescission, or	1405
part thereof, and shall each remove the invalid proposed rule,	1406
amendment, rescission, or part thereof from the file of proposed	1407
rules. The rule-making agency shall not proceed to adopt in	1408
accordance with division (D) of this section, or to file in	1409
accordance with division (B)(1) of section 111.15 of the Revised	1410
Code, any version of a proposed rule, amendment, rescission, or	1411
part thereof that has been invalidated by concurrent resolution.	1412

Unless the house of representatives and senate adopt a	1413
concurrent resolution invalidating a proposed rule, amendment,	1414
rescission, or part thereof within the time specified by this	1415
division, the rule-making agency may proceed to adopt in	1416
accordance with division (D) of this section, or to file in	1417
accordance with division (B)(1) of section 111.15 of the Revised	1418
Code, the latest version of the proposed rule, amendment, or	1419
rescission as filed with the joint committee. If by concurrent	1420
resolution certain of the rules, amendments, rescissions, or parts	1421
thereof are specifically invalidated, the rule-making agency may	1422
proceed to adopt, in accordance with division (D) of this section,	1423
or to file in accordance with division (B)(1) of section 111.15 of	1424
the Revised Code, the latest version of the proposed rules,	1425
amendments, rescissions, or parts thereof as filed with the joint	1426
committee that are not specifically invalidated. The rule-making	1427
agency may not revise or amend any proposed rule, amendment,	1428
rescission, or part thereof that has not been invalidated except	1429
as provided in this chapter or in section 111.15 of the Revised	1430
Code.	1431

(2)(a) A proposed rule, amendment, or rescission that is	1432
filed with the joint committee under division (H) of this section	1433
or division (D) of section 111.15 of the Revised Code shall be	1434
carried over for legislative review to the next succeeding regular	1435
session of the general assembly if the original or any revised	1436
version of the proposed rule, amendment, or rescission is filed	1437
with the joint committee on or after the first day of December of	1438
any year.	1439

(b) The latest version of any proposed rule, amendment, or	1440
rescission that is subject to division (I)(2)(a) of this section,	1441
as filed with the joint committee, is subject to legislative	1442
review and invalidation in the next succeeding regular session of	1443
the general assembly in the same manner as if it were the original	1444
version of a proposed rule, amendment, or rescission that had been	1445
filed with the joint committee for the first time on the first day	1446
of the session. A rule-making agency shall not adopt in accordance	1447
with division (D) of this section, or file in accordance with	1448
division (B)(1) of section 111.15 of the Revised Code, any version	1449
of a proposed rule, amendment, or rescission that is subject to	1450
division (I)(2)(a) of this section until the time for legislative	1451
review and invalidation, as contemplated by division (I)(2)(b) of	1452
this section, has expired.	1453

(3) Invalidation of any version of a proposed rule,	1454
amendment, rescission, or part thereof by concurrent resolution	1455
shall prevent the rule-making agency from instituting or	1456
continuing proceedings to adopt any version of the same proposed	1457
rule, amendment, rescission, or part thereof for the duration of	1458
the general assembly that invalidated the proposed rule,	1459
amendment, rescission, or part thereof unless the same general	1460
assembly adopts a concurrent resolution permitting the rule-making	1461
agency to institute or continue such proceedings.	1462

The failure of the general assembly to invalidate a proposed	1463
rule, amendment, rescission, or part thereof under this section	1464
shall not be construed as a ratification of the lawfulness or	1465
reasonableness of the proposed rule, amendment, rescission, or any	1466
part thereof or of the validity of the procedure by which the	1467
proposed rule, amendment, rescission, or any part thereof was	1468
proposed or adopted.	1469

(4) In lieu of recommending a concurrent resolution to	1470
invalidate a proposed rule, amendment, rescission, or part thereof	1471
because the rule-making agency has failed to prepare a complete	1472
and accurate fiscal analysis, the joint committee on agency rule	1473
review may issue, on a one-time basis, for rules, amendments,	1474
rescissions, or parts thereof that have a fiscal effect on school	1475
districts, counties, townships, or municipal corporations, a	1476
finding that the rule summary and fiscal analysis is incomplete or	1477
inaccurate and order the rule-making agency to revise the rule	1478
summary and fiscal analysis and refile it with the proposed rule,	1479
amendment, rescission, or part thereof. If an emergency rule is	1480
filed as a nonemergency rule before the end of the ninetieth day	1481
of the emergency rule's effectiveness, and the joint committee	1482
issues a finding and orders the rule-making agency to refile under	1483
division (I)(4) of this section, the governor may also issue an	1484
order stating that the emergency rule shall remain in effect for	1485
an additional sixty days after the ~~ninetieth~~one hundred twentieth	1486
day of the emergency rule's effectiveness. The governor's orders	1487
shall be filed in accordance with division (F) of this section.	1488
The joint committee shall send in electronic form to the	1489
rule-making agency, the secretary of state, and the director of	1490
the legislative service commission a certified text of the finding	1491
and order to revise the rule summary and fiscal analysis, which	1492
shall take immediate effect.	1493

An order issued under division (I)(4) of this section shall	1494
prevent the rule-making agency from instituting or continuing	1495
proceedings to adopt any version of the proposed rule, amendment,	1496
rescission, or part thereof until the rule-making agency revises	1497
the rule summary and fiscal analysis and refiles it in electronic	1498
form with the joint committee along with the proposed rule,	1499
amendment, rescission, or part thereof. If the joint committee	1500
finds the rule summary and fiscal analysis to be complete and	1501
accurate, the joint committee shall issue a new order noting that	1502
the rule-making agency has revised and refiled a complete and	1503
accurate rule summary and fiscal analysis. The joint committee	1504
shall send in electronic form to the rule-making agency, the	1505
secretary of state, and the director of the legislative service	1506
commission a certified text of this new order. The secretary of	1507
state and the director of the legislative service commission shall	1508
each link this order to the proposed rule, amendment, rescission,	1509
or part thereof. The rule-making agency may then proceed to adopt	1510
in accordance with division (D) of this section, or to file in	1511
accordance with division (B)(1) of section 111.15 of the Revised	1512
Code, the proposed rule, amendment, rescission, or part thereof	1513
that was subject to the finding and order under division (I)(4) of	1514
this section. If the joint committee determines that the revised	1515
rule summary and fiscal analysis is still inaccurate or	1516
incomplete, the joint committee shall recommend the adoption of a	1517
concurrent resolution in accordance with division (I)(1) of this	1518
section.	1519

Sec. 119.12. Any party adversely affected by any order of an	1520
agency issued pursuant to an adjudication denying an applicant	1521
admission to an examination, or denying the issuance or renewal of	1522
a license or registration of a licensee, or revoking or suspending	1523
a license, or allowing the payment of a forfeiture under section	1524
4301.252 of the Revised Code may appeal from the order of the	1525
agency to the court of common pleas of the county in which the	1526
place of business of the licensee is located or the county in	1527
which the licensee is a resident, except that appeals from	1528
decisions of the liquor control commission, the Ohio casino	1529
control commission, the state medical board, state chiropractic	1530
board, and the board of nursing shall be to the court of common	1531
pleas of Franklin county. If any party appealing from the order is	1532
not a resident of and has no place of business in this state, the	1533
party may appeal to the court of common pleas of Franklin county.	1534

Any party adversely affected by any order of an agency issued	1535
pursuant to any other adjudication may appeal to the court of	1536
common pleas of Franklin county, except that appeals from orders	1537
of the fire marshal issued under Chapter 3737. of the Revised Code	1538
may be to the court of common pleas of the county in which the	1539
building of the aggrieved person is located and except that	1540
appeals under division (B) of section 124.34 of the Revised Code	1541
from a decision of the state personnel board of review or a	1542
municipal or civil service township civil service commission shall	1543
be taken to the court of common pleas of the county in which the	1544
appointing authority is located or, in the case of an appeal by	1545
the department of rehabilitation and correction, to the court of	1546
common pleas of Franklin county.	1547

This section does not apply to appeals from the department of	1548
taxation.	1549

Any party desiring to appeal shall file a notice of appeal	1550
with the agency setting forth the order appealed from and stating	1551
that the agency's order is not supported by reliable, probative,	1552
and substantial evidence and is not in accordance with law. The	1553
notice of appeal may, but need not, set forth the specific grounds	1554
of the party's appeal beyond the statement that the agency's order	1555
is not supported by reliable, probative, and substantial evidence	1556
and is not in accordance with law. The notice of appeal shall also	1557
be filed by the appellant with the court. In filing a notice of	1558
appeal with the agency or court, the notice that is filed may be	1559
either the original notice or a copy of the original notice.	1560
Unless otherwise provided by law relating to a particular agency,	1561
notices of appeal shall be filed within fifteen days after the	1562
mailing of the notice of the agency's order as provided in this	1563
section. For purposes of this paragraph, an order includes a	1564
determination appealed pursuant to division (C) of section 119.092	1565
of the Revised Code. The amendments made to this paragraph by Sub.	1566
H.B. 215 of the 128th general assembly are procedural, and this	1567
paragraph as amended by those amendments shall be applied	1568
retrospectively to all appeals pursuant to this paragraph filed	1569
before ~~the effective date of those amendments~~September 13, 2010,	1570
but not earlier than May 7, 2009, which was the date the supreme	1571
court of Ohio released its opinion and judgment in Medcorp, Inc.	1572
v. Ohio Dep't. of Job and Family Servs. (2009), 121 Ohio St.3d	1573
622.	1574

The filing of a notice of appeal shall not automatically	1575
operate as a suspension of the order of an agency. If it appears	1576
to the court that an unusual hardship to the appellant will result	1577
from the execution of the agency's order pending determination of	1578
the appeal, the court may grant a suspension and fix its terms. If	1579
an appeal is taken from the judgment of the court and the court	1580
has previously granted a suspension of the agency's order as	1581
provided in this section, the suspension of the agency's order	1582
shall not be vacated and shall be given full force and effect	1583
until the matter is finally adjudicated. No renewal of a license	1584
or permit shall be denied by reason of the suspended order during	1585
the period of the appeal from the decision of the court of common	1586
pleas. In the case of an appeal from the Ohio casino control	1587
commission, the state medical board, or the state chiropractic	1588
board, the court may grant a suspension and fix its terms if it	1589
appears to the court that an unusual hardship to the appellant	1590
will result from the execution of the agency's order pending	1591
determination of the appeal and the health, safety, and welfare of	1592
the public will not be threatened by suspension of the order. This	1593
provision shall not be construed to limit the factors the court	1594
may consider in determining whether to suspend an order of any	1595
other agency pending determination of an appeal.	1596

The final order of adjudication may apply to any renewal of a	1597
license or permit which has been granted during the period of the	1598
appeal.	1599

Notwithstanding any other provision of this section, any	1600
order issued by a court of common pleas or a court of appeals	1601
suspending the effect of an order of the liquor control commission	1602
issued pursuant to Chapter 4301. or 4303. of the Revised Code that	1603
suspends, revokes, or cancels a permit issued under Chapter 4303.	1604
of the Revised Code or that allows the payment of a forfeiture	1605
under section 4301.252 of the Revised Code shall terminate not	1606
more than six months after the date of the filing of the record of	1607
the liquor control commission with the clerk of the court of	1608
common pleas and shall not be extended. The court of common pleas,	1609
or the court of appeals on appeal, shall render a judgment in that	1610
matter within six months after the date of the filing of the	1611
record of the liquor control commission with the clerk of the	1612
court of common pleas. A court of appeals shall not issue an order	1613
suspending the effect of an order of the liquor control commission	1614
that extends beyond six months after the date on which the record	1615
of the liquor control commission is filed with a court of common	1616
pleas.	1617

Notwithstanding any other provision of this section, any	1618
order issued by a court of common pleas or a court of appeals	1619
suspending the effect of an order of the Ohio casino control	1620
commission issued under Chapter 3772. of the Revised Code that	1621
limits, conditions, restricts, suspends, revokes, denies, not	1622
renews, fines, or otherwise penalizes an applicant, licensee, or	1623
person excluded or ejected from a casino facility in accordance	1624
with section 3772.031 of the Revised Code shall terminate not more	1625
than six months after the date of the filing of the record of the	1626
Ohio casino control commission with the clerk of the court of	1627
common pleas and shall not be extended. The court of common pleas,	1628
or the court of appeals on appeal, shall render a judgment in that	1629
matter within six months after the date of the filing of the	1630
record of the Ohio casino control commission with the clerk of the	1631
court of common pleas. A court of appeals shall not issue an order	1632
suspending the effect of an order of the Ohio casino control	1633
commission that extends beyond six months after the date on which	1634
the record of the Ohio casino control commission is filed with the	1635
clerk of a court of common pleas.	1636

Notwithstanding any other provision of this section, any	1637
order issued by a court of common pleas suspending the effect of	1638
an order of the state medical board or state chiropractic board	1639
that limits, revokes, suspends, places on probation, or refuses to	1640
register or reinstate a certificate issued by the board or	1641
reprimands the holder of the certificate shall terminate not more	1642
than fifteen months after the date of the filing of a notice of	1643
appeal in the court of common pleas, or upon the rendering of a	1644
final decision or order in the appeal by the court of common	1645
pleas, whichever occurs first.	1646

Within thirty days after receipt of a notice of appeal from	1647
an order in any case in which a hearing is required by sections	1648
119.01 to 119.13 of the Revised Code, the agency shall prepare and	1649
certify to the court a complete record of the proceedings in the	1650
case. Failure of the agency to comply within the time allowed,	1651
upon motion, shall cause the court to enter a finding in favor of	1652
the party adversely affected. Additional time, however, may be	1653
granted by the court, not to exceed thirty days, when it is shown	1654
that the agency has made substantial effort to comply. The record	1655
shall be prepared and transcribed, and the expense of it shall be	1656
taxed as a part of the costs on the appeal. The appellant shall	1657
provide security for costs satisfactory to the court of common	1658
pleas. Upon demand by any interested party, the agency shall	1659
furnish at the cost of the party requesting it a copy of the	1660
stenographic report of testimony offered and evidence submitted at	1661
any hearing and a copy of the complete record.	1662

Notwithstanding any other provision of this section, any	1663
party desiring to appeal an order or decision of the state	1664
personnel board of review shall, at the time of filing a notice of	1665
appeal with the board, provide a security deposit in an amount and	1666
manner prescribed in rules that the board shall adopt in	1667
accordance with this chapter. In addition, the board is not	1668
required to prepare or transcribe the record of any of its	1669
proceedings unless the appellant has provided the deposit	1670
described above. The failure of the board to prepare or transcribe	1671
a record for an appellant who has not provided a security deposit	1672
shall not cause a court to enter a finding adverse to the board.	1673

Unless otherwise provided by law, in the hearing of the	1674
appeal, the court is confined to the record as certified to it by	1675
the agency. Unless otherwise provided by law, the court may grant	1676
a request for the admission of additional evidence when satisfied	1677
that the additional evidence is newly discovered and could not	1678
with reasonable diligence have been ascertained prior to the	1679
hearing before the agency.	1680

The court shall conduct a hearing on the appeal and shall	1681
give preference to all proceedings under sections 119.01 to 119.13	1682
of the Revised Code, over all other civil cases, irrespective of	1683
the position of the proceedings on the calendar of the court. An	1684
appeal from an order of the state medical board issued pursuant to	1685
division (G) of either section 4730.25 or 4731.22 of the Revised	1686
Code, or the state chiropractic board issued pursuant to section	1687
4734.37 of the Revised Code, or the liquor control commission	1688
issued pursuant to Chapter 4301. or 4303. of the Revised Code, or	1689
the Ohio casino control commission issued pursuant to Chapter	1690
3772. of the Revised Code shall be set down for hearing at the	1691
earliest possible time and takes precedence over all other	1692
actions. The hearing in the court of common pleas shall proceed as	1693
in the trial of a civil action, and the court shall determine the	1694
rights of the parties in accordance with the laws applicable to a	1695
civil action. At the hearing, counsel may be heard on oral	1696
argument, briefs may be submitted, and evidence may be introduced	1697
if the court has granted a request for the presentation of	1698
additional evidence.	1699

The court may affirm the order of the agency complained of in	1700
the appeal if it finds, upon consideration of the entire record	1701
and any additional evidence the court has admitted, that the order	1702
is supported by reliable, probative, and substantial evidence and	1703
is in accordance with law. In the absence of this finding, it may	1704
reverse, vacate, or modify the order or make such other ruling as	1705
is supported by reliable, probative, and substantial evidence and	1706
is in accordance with law. The court shall award compensation for	1707
fees in accordance with section 2335.39 of the Revised Code to a	1708
prevailing party, other than an agency, in an appeal filed	1709
pursuant to this section.	1710

The judgment of the court shall be final and conclusive	1711
unless reversed, vacated, or modified on appeal. These appeals may	1712
be taken either by the party or the agency, shall proceed as in	1713
the case of appeals in civil actions, and shall be pursuant to the	1714
Rules of Appellate Procedure and, to the extent not in conflict	1715
with those rules, Chapter 2505. of the Revised Code. An appeal by	1716
the agency shall be taken on questions of law relating to the	1717
constitutionality, construction, or interpretation of statutes and	1718
rules of the agency, and, in the appeal, the court may also review	1719
and determine the correctness of the judgment of the court of	1720
common pleas that the order of the agency is not supported by any	1721
reliable, probative, and substantial evidence in the entire	1722
record.	1723

The court shall certify its judgment to the agency or take	1724
any other action necessary to give its judgment effect.	1725

Sec. 121.08. (A) There is hereby created in the department	1726
of commerce the position of deputy director of administration.	1727
This officer shall be appointed by the director of commerce, serve	1728
under the director's direction, supervision, and control, perform	1729
the duties the director prescribes, and hold office during the	1730
director's pleasure. The director of commerce may designate an	1731
assistant director of commerce to serve as the deputy director of	1732
administration. The deputy director of administration shall	1733
perform the duties prescribed by the director of commerce in	1734
supervising the activities of the division of administration of	1735
the department of commerce.	1736

(B) Except as provided in section 121.07 of the Revised Code,	1737
the department of commerce shall have all powers and perform all	1738
duties vested in the deputy director of administration, the state	1739
fire marshal, the superintendent of financial institutions, the	1740
superintendent of real estate and professional licensing, the	1741
superintendent of liquor control, the superintendent of industrial	1742
compliance, the superintendent of unclaimed funds, and the	1743
commissioner of securities, and shall have all powers and perform	1744
all duties vested by law in all officers, deputies, and employees	1745
of those offices. Except as provided in section 121.07 of the	1746
Revised Code, wherever powers are conferred or duties imposed upon	1747
any of those officers, the powers and duties shall be construed as	1748
vested in the department of commerce.	1749

(C)(1) There is hereby created in the department of commerce	1750
a division of financial institutions, which shall have all powers	1751
and perform all duties vested by law in the superintendent of	1752
financial institutions. Wherever powers are conferred or duties	1753
imposed upon the superintendent of financial institutions, those	1754
powers and duties shall be construed as vested in the division of	1755
financial institutions. The division of financial institutions	1756
shall be administered by the superintendent of financial	1757
institutions.	1758

(2) All provisions of law governing the superintendent of	1759
financial institutions shall apply to and govern the	1760
superintendent of financial institutions provided for in this	1761
section; all authority vested by law in the superintendent of	1762
financial institutions with respect to the management of the	1763
division of financial institutions shall be construed as vested in	1764
the superintendent of financial institutions created by this	1765
section with respect to the division of financial institutions	1766
provided for in this section; and all rights, privileges, and	1767
emoluments conferred by law upon the superintendent of financial	1768
institutions shall be construed as conferred upon the	1769
superintendent of financial institutions as head of the division	1770
of financial institutions. The director of commerce shall not	1771
transfer from the division of financial institutions any of the	1772
functions specified in division (C)(2) of this section.	1773

(D) There is hereby created in the department of commerce a	1774
division of liquor control, which shall have all powers and	1775
perform all duties vested by law in the superintendent of liquor	1776
control. Wherever powers are conferred or duties are imposed upon	1777
the superintendent of liquor control, those powers and duties	1778
shall be construed as vested in the division of liquor control.	1779
The division of liquor control shall be administered by the	1780
superintendent of liquor control.	1781

(E) The director of commerce shall not be interested,	1782
directly or indirectly, in any firm or corporation which is a	1783
dealer in securities as defined in sections 1707.01 and 1707.14 of	1784
the Revised Code, or in any firm or corporation licensed under	1785
sections 1321.01 to 1321.19 of the Revised Code.	1786

(F) The director of commerce shall not have any official	1787
connection with a savings and loan association, a savings bank, a	1788
bank, a bank holding company, a savings and loan association	1789
holding company, a consumer finance company, or a credit union	1790
that is under the supervision of the division of financial	1791
institutions, or a subsidiary of any of the preceding entities, or	1792
be interested in the business thereof.	1793

(G) There is hereby created in the state treasury the	1794
division of administration fund. The fund shall receive	1795
assessments on the operating funds of the department of commerce	1796
in accordance with procedures prescribed by the director of	1797
commerce and approved by the director of budget and management.	1798
All operating expenses of the division of administration shall be	1799
paid from the division of administration fund.	1800

(H) There is hereby created in the department of commerce a	1801
division of real estate and professional licensing, which shall be	1802
under the control and supervision of the director of commerce. The	1803
division of real estate and professional licensing shall be	1804
administered by the superintendent of real estate and professional	1805
licensing. The superintendent of real estate and professional	1806
licensing shall exercise the powers and perform the functions and	1807
duties delegated to the superintendent under Chapters 4735.,	1808
4763., and 4767. of the Revised Code.	1809

(I) There is hereby created in the department of commerce a	1810
division of industrial compliance, which shall have all powers and	1811
perform all duties vested by law in the superintendent of	1812
industrial compliance. Wherever powers are conferred or duties	1813
imposed upon the superintendent of industrial compliance, those	1814
powers and duties shall be construed as vested in the division of	1815
industrial compliance. The division of industrial compliance shall	1816
be under the control and supervision of the director of commerce	1817
and be administered by the superintendent of industrial	1818
compliance.	1819

(J) There is hereby created in the department of commerce a	1820
division of unclaimed funds, which shall have all powers and	1821
perform all duties delegated to or vested by law in the	1822
superintendent of unclaimed funds. Wherever powers are conferred	1823
or duties imposed upon the superintendent of unclaimed funds,	1824
those powers and duties shall be construed as vested in the	1825
division of unclaimed funds. The division of unclaimed funds shall	1826
be under the control and supervision of the director of commerce	1827
and shall be administered by the superintendent of unclaimed	1828
funds. The superintendent of unclaimed funds shall exercise the	1829
powers and perform the functions and duties delegated to the	1830
superintendent by the director of commerce under section 121.07	1831
and Chapter 169. of the Revised Code, and as may otherwise be	1832
provided by law.	1833

(K) The department of commerce or a division of the	1834
department created by the Revised Code that is acting with	1835
authorization on the department's behalf may request from the	1836
bureau of criminal identification and investigation pursuant to	1837
section 109.572 of the Revised Code, or coordinate with	1838
appropriate federal, state, and local government agencies to	1839
accomplish, criminal records checks for the persons whose	1840
identities are required to be disclosed by an applicant for the	1841
issuance or transfer of a permit, license, certificate of	1842
registration, or certification issued or transferred by the	1843
department or division. At or before the time of making a request	1844
for a criminal records check, the department or division may	1845
require any person whose identity is required to be disclosed by	1846
an applicant for the issuance or transfer of such a license,	1847
permit, certificate of registration, or certification to submit to	1848
the department or division valid fingerprint impressions in a	1849
format and by any media or means acceptable to the bureau of	1850
criminal identification and investigation and, when applicable,	1851
the federal bureau of investigation. The department or division	1852
may cause the bureau of criminal identification and investigation	1853
to conduct a criminal records check through the federal bureau of	1854
investigation only if the person for whom the criminal records	1855
check would be conducted resides or works outside of this state or	1856
has resided or worked outside of this state during the preceding	1857
five years, or if a criminal records check conducted by the bureau	1858
of criminal identification and investigation within this state	1859
indicates that the person may have a criminal record outside of	1860
this state.	1861

In the case of a criminal records check under section 109.572	1862
of the Revised Code, the department or division shall forward to	1863
the bureau of criminal identification and investigation the	1864
requisite form, fingerprint impressions, and fee described in	1865
division (C) of that section. When requested by the department or	1866
division in accordance with this section, the bureau of criminal	1867
identification and investigation shall request from the federal	1868
bureau of investigation any information it has with respect to the	1869
person who is the subject of the requested criminal records check	1870
and shall forward the requisite fingerprint impressions and	1871
information to the federal bureau of investigation for that	1872
criminal records check. After conducting a criminal records check	1873
or receiving the results of a criminal records check from the	1874
federal bureau of investigation, the bureau of criminal	1875
identification and investigation shall provide the results to the	1876
department or division.	1877

The department or division may require any person about whom	1878
a criminal records check is requested to pay to the department or	1879
division the amount necessary to cover the fee charged to the	1880
department or division by the bureau of criminal identification	1881
and investigation under division (C)(3) of section 109.572 of the	1882
Revised Code, including, when applicable, any fee for a criminal	1883
records check conducted by the federal bureau of investigation.	1884

(L) The director of commerce, or the director's designee, may	1885
adopt rules to enhance compliance with statutes pertaining to, and	1886
rules adopted by, divisions under the direction, supervision, and	1887
control of the department or director by offering incentive-based	1888
programs that ensure safety and soundness while promoting growth	1889
and prosperity in the state.	1890

Sec. 122.121. (A) If a local organizing committee, endorsing	1891
municipality, or endorsing county enters into a joinder	1892
undertaking with a site selection organization, the local	1893
organizing committee, endorsing municipality, or endorsing county	1894
may apply to the director of development services, on a form and	1895
in the manner prescribed by the director, for a grant based on the	1896
projected incremental increase in the receipts from the tax	1897
imposed under section 5739.02 of the Revised Code within the	1898
market area designated under division (C) of this section, for the	1899
two-week period that ends at the end of the day after the date on	1900
which a game will be held, that is directly attributable, as	1901
determined by the director, to the preparation for and	1902
presentation of the game. The director shall determine the	1903
projected incremental increase in the tax imposed under section	1904
5739.02 of the Revised Code by using a formula approved by the	1905
destination marketing association international for event impact	1906
or another formula of similar purpose approved by the director.	1907
The local organizing committee, endorsing municipality, or	1908
endorsing county is eligible to receive a grant under this section	1909
only if the projected incremental increase in receipts from the	1910
tax imposed under section 5739.02 of the Revised Code, as	1911
determined by the director, exceeds two hundred fifty thousand	1912
dollars. The amount of the grant shall be not less than fifty per	1913
cent of the projected incremental increase in receipts, as	1914
determined by the director, but shall not exceed five hundred	1915
thousand dollars. The director shall not issue grants with a total	1916
value of more than one million dollars in any fiscal year, and	1917
shall not issue any grant before July 1, 2013.	1918

(B) If the director of development services approves an	1919
application for a local organizing committee, endorsing	1920
municipality, or endorsing county and that local organizing	1921
committee, endorsing municipality, or endorsing county enters into	1922
a joinder agreement with a site selection organization, the local	1923
organizing committee, endorsing municipality, or endorsing county	1924
shall file a copy of the joinder agreement with the director of	1925
~~development, who immediately shall notify the director of budget~~	1926
~~and management of the filing. Within thirty days after receiving~~	1927
~~the notice, the director of budget and management shall establish~~	1928
~~a schedule to disburse from the general revenue fund to such local~~	1929
~~organizing committee, endorsing municipality, or endorsing county~~	1930
~~payments that total the amount certified by the director of~~	1931
~~development under division (A) of this section, but in no event~~	1932
~~shall the total amount disbursed exceed five hundred thousand~~	1933
~~dollars, and no disbursement shall be made before July 1, 2013~~.	1934
The ~~payments~~grant shall be used exclusively by the local	1935
organizing committee, endorsing municipality, or endorsing county	1936
to fulfill a portion of its obligations to a site selection	1937
organization under game support contracts, which obligations may	1938
include the payment of costs relating to the preparations	1939
necessary for the conduct of the game, including acquiring,	1940
renovating, or constructing facilities; to pay the costs of	1941
conducting the game; and to assist the local organizing committee,	1942
endorsing municipality, or endorsing county in providing	1943
assurances required by a site selection organization sponsoring	1944
one or more games.	1945

(C) For the purposes of division (A) of this section, the	1946
director of development services, in consultation with the tax	1947
commissioner, shall designate the market area for a game. The	1948
market area shall consist of the combined statistical area, as	1949
defined by the United States office of management and budget, in	1950
which an endorsing municipality or endorsing county is located.	1951

(D) A local organizing committee, endorsing municipality, or	1952
endorsing county shall provide information required by the	1953
director of development services and tax commissioner to enable	1954
the director and commissioner to fulfill their duties under this	1955
section, including annual audited statements of any financial	1956
records required by a site selection organization and data	1957
obtained by the local organizing committee, endorsing	1958
municipality, or endorsing county relating to attendance at a game	1959
and to the economic impact of the game. A local organizing	1960
committee, an endorsing municipality, or an endorsing county shall	1961
provide an annual audited financial statement if so required by	1962
the director and commissioner, not later than the end of the	1963
fourth month after the date the period covered by the financial	1964
statement ends.	1965

(E) Within thirty days after the game, the local organizing	1966
committee, endorsing municipality, or endorsing county shall	1967
report to the director of development services about the economic	1968
impact of the game. The report shall be in the form and substance	1969
required by the director, including, but not limited to, a final	1970
income statement for the event showing total revenue and	1971
expenditures and revenue and expenditures in the market area for	1972
the game, and ticket sales for the game and any related activities	1973
for which admission was charged. The director ~~of development~~ shall	1974
determine, based on the reported information and the exercise of	1975
reasonable judgment, the incremental increase in receipts from the	1976
tax imposed under section 5739.02 of the Revised Code directly	1977
attributable to the game. If the actual incremental increase in	1978
such receipts is less than the projected incremental increase in	1979
receipts, the director may require the local organizing committee,	1980
endorsing municipality, or endorsing county to refund to the state	1981
all or a portion of the grant.	1982

(F) No disbursement may be made under this section if the	1983
director of development services determines that it would be used	1984
for the purpose of soliciting the relocation of a professional	1985
sports franchise located in this state.	1986

(G) This section may not be construed as creating or	1987
requiring a state guarantee of obligations imposed on an endorsing	1988
municipality or endorsing county under a game support contract or	1989
any other agreement relating to hosting one or more games in this	1990
state.	1991

Sec. 122.136. The director of development services shall	1992
prepare and submit a report to the governor and the general	1993
assembly annually on or before the first day of ~~February~~August of	1994
the services and activities of the employee ownership assistance	1995
program for the preceding calendar year. The director shall	1996
include in the report information regarding the number, names, and	1997
locations of business establishments that have been or likely will	1998
be assisted as employee-owned corporations; recommendations on how	1999
to better operate the program; information regarding the	2000
effectiveness of the program in maintaining and improving	2001
employment in the state; and the number of individuals affected by	2002
the activities of the program.	2003

Sec. 122.17. (A) As used in this section:

2004

(1) "Income tax revenue" means the total amount withheld	2005
under section 5747.06 of the Revised Code by the taxpayer during	2006
the taxable year, or during the calendar year that includes the	2007
tax period, from the compensation of each employee or each	2008
home-based employee employed in the project to the extent the	2009
employee's withholdings are not used to determine the credit under	2010
section 122.171 of the Revised Code. "Income tax revenue" excludes	2011
amounts withheld before the day the taxpayer becomes eligible for	2012
the credit.	2013

(2) "Baseline income tax revenue" means income tax revenue	2014
except that the applicable withholding period is the twelve months	2015
immediately preceding the date the tax credit authority approves	2016
the taxpayer's application or the date the tax credit authority	2017
receives the recommendation described in division (C)(2)(a) of	2018
this section, whichever occurs first, multiplied by the sum of one	2019
plus an annual pay increase factor to be determined by the tax	2020
credit authority. ~~If the taxpayer becomes eligible for the credit~~	2021
~~after the first day of the taxpayer's taxable year or after the~~	2022
~~first day of the calendar year that includes the tax period, the~~	2023
~~taxpayer's baseline income tax revenue for the first such taxable~~	2024
~~or calendar year of credit eligibility shall be reduced in~~	2025
~~proportion to the number of days during the taxable or calendar~~	2026
~~year for which the taxpayer was not eligible for the credit. For~~	2027
~~subsequent taxable or calendar years, "baseline income tax~~	2028
~~revenue" equals the unreduced baseline income tax revenue for the~~	2029
~~preceding taxable or calendar year multiplied by the sum of one~~	2030
~~plus the pay increase factor.~~	2031

(3) "Excess income tax revenue" means income tax revenue	2032
minus baseline income tax revenue.	2033

(4) "Home-based employee" means an employee whose services	2034
are performed primarily from the employee's residence in this	2035
state exclusively for the benefit of the project and whose rate of	2036
pay is at least one hundred thirty-one per cent of the federal	2037
minimum wage under 29 U.S.C. 206.	2038

(B) The tax credit authority may make grants under this	2039
section to foster job creation in this state. Such a grant shall	2040
take the form of a refundable credit allowed against the tax	2041
imposed by section 5725.18, 5726.02, 5729.03, 5733.06, 5736.02, or	2042
5747.02 or levied under Chapter 5751. of the Revised Code. The	2043
credit shall be claimed for the taxable years or tax periods	2044
specified in the taxpayer's agreement with the tax credit	2045
authority under division (D) of this section. With respect to	2046
taxes imposed under section 5726.02, 5733.06, or 5747.02 or	2047
Chapter 5751. of the Revised Code, the credit shall be claimed in	2048
the order required under section 5726.98, 5733.98, 5747.98, or	2049
5751.98 of the Revised Code. The amount of the credit available	2050
for a taxable year or for a calendar year that includes a tax	2051
period equals the excess income tax revenue for that year	2052
multiplied by the percentage specified in the agreement with the	2053
tax credit authority. Any credit granted under this section	2054
against the tax imposed by section 5733.06 or 5747.02 of the	2055
Revised Code, to the extent not fully utilized against such tax	2056
for taxable years ending prior to 2008, shall automatically be	2057
converted without any action taken by the tax credit authority to	2058
a credit against the tax levied under Chapter 5751. of the Revised	2059
Code for tax periods beginning on or after July 1, 2008, provided	2060
that the person to whom the credit was granted is subject to such	2061
tax. The converted credit shall apply to those calendar years in	2062
which the remaining taxable years specified in the agreement end.	2063

(C)(1) A taxpayer or potential taxpayer who proposes a	2064
project to create new jobs in this state may apply to the tax	2065
credit authority to enter into an agreement for a tax credit under	2066
this section.	2067

An application shall not propose to include both home-based	2068
employees and employees who are not home-based employees in the	2069
computation of income tax revenue for the purposes of the same tax	2070
credit agreement. If a taxpayer or potential taxpayer employs both	2071
home-based employees and employees who are not home-based	2072
employees in a project, the taxpayer shall submit separate	2073
applications for separate tax credit agreements for the project,	2074
one of which shall include home-based employees in the computation	2075
of income tax revenue and one of which shall include all other	2076
employees in the computation of income tax revenue.	2077

The director of development services shall prescribe the form	2078
of the application. After receipt of an application, the authority	2079
may enter into an agreement with the taxpayer for a credit under	2080
this section if it determines all of the following:	2081

(a) The taxpayer's project will increase payroll and income	2082
tax revenue;	2083

(b) The taxpayer's project is economically sound and will	2084
benefit the people of this state by increasing opportunities for	2085
employment and strengthening the economy of this state;	2086

(c) Receiving the tax credit is a major factor in the	2087
taxpayer's decision to go forward with the project.	2088

(2)(a) A taxpayer that chooses to begin the project prior to	2089
receiving the determination of the authority may, upon submitting	2090
the taxpayer's application to the authority, request that the	2091
chief investment officer of the nonprofit corporation formed under	2092
section 187.01 of the Revised Code and the director review the	2093
taxpayer's application and recommend to the authority that the	2094
taxpayer's application be considered. As soon as possible after	2095
receiving such a request, the chief investment officer and the	2096
director shall review the taxpayer's application and, if they	2097
determine that the application warrants consideration by the	2098
authority, make that recommendation to the authority not later	2099
than six months after the application is received by the	2100
authority.	2101

(b) The authority shall consider any taxpayer's application	2102
for which it receives a recommendation under division (C)(2)(a) of	2103
this section. If the authority determines that the taxpayer does	2104
not meet all of the criteria set forth in division (C)(1) of this	2105
section, the authority and the development services agency shall	2106
proceed in accordance with rules adopted by the director pursuant	2107
to division (I) of this section.	2108

(D) An agreement under this section shall include all of the	2109
following:	2110

(1) A detailed description of the project that is the subject	2111
of the agreement;	2112

(2)(a) The term of the tax credit, which, except as provided	2113
in division (D)(2)(b) of this section, shall not exceed fifteen	2114
years, and the first taxable year, or first calendar year that	2115
includes a tax period, for which the credit may be claimed;	2116

(b) If the tax credit is computed on the basis of home-based	2117
employees, the term of the credit shall expire on or before the	2118
last day of the taxable or calendar year ending before the	2119
beginning of the seventh year after September 6, 2012, the	2120
effective date of H.B. 327 of the 129th general assembly.	2121

(3) A requirement that the taxpayer shall maintain operations	2122
at the project location for at least the greater of seven years or	2123
the term of the credit plus three years;	2124

(4) The percentage, as determined by the tax credit	2125
authority, of excess income tax revenue that will be allowed as	2126
the amount of the credit for each taxable year or for each	2127
calendar year that includes a tax period;	2128

(5) The pay increase factor to be applied to the taxpayer's	2129
baseline income tax revenue;	2130

(6) A requirement that the taxpayer annually shall report to	2131
the director of development services employment, tax withholding,	2132
investment, the provision of health care benefits and tuition	2133
reimbursement if required in the agreement, and other information	2134
the director needs to perform the director's duties under this	2135
section;	2136

(7) A requirement that the director of development services	2137
annually review the information reported under division (D)(6) of	2138
this section and verify compliance with the agreement; if the	2139
taxpayer is in compliance, a requirement that the director issue a	2140
certificate to the taxpayer stating that the information has been	2141
verified and identifying the amount of the credit that may be	2142
claimed for the taxable or calendar year;	2143

(8) A provision providing that the taxpayer may not relocate	2144
a substantial number of employment positions from elsewhere in	2145
this state to the project location unless the director of	2146
development services determines that the legislative authority of	2147
the county, township, or municipal corporation from which the	2148
employment positions would be relocated has been notified by the	2149
taxpayer of the relocation.	2150

For purposes of this section, the movement of an employment	2151
position from one political subdivision to another political	2152
subdivision shall be considered a relocation of an employment	2153
position unless the employment position in the first political	2154
subdivision is replaced.	2155

(9) If the tax credit is computed on the basis of home-based	2156
employees, that the tax credit may not be claimed by the taxpayer	2157
until the taxable year or tax period in which the taxpayer employs	2158
at least two hundred employees more than the number of employees	2159
the taxpayer employed on June 30, 2011.	2160

(E) If a taxpayer fails to meet or comply with any condition	2161
or requirement set forth in a tax credit agreement, the tax credit	2162
authority may amend the agreement to reduce the percentage or term	2163
of the tax credit. The reduction of the percentage or term may	2164
take effect in the current taxable or calendar year.	2165

(F) Projects that consist solely of point-of-final-purchase	2166
retail facilities are not eligible for a tax credit under this	2167
section. If a project consists of both point-of-final-purchase	2168
retail facilities and nonretail facilities, only the portion of	2169
the project consisting of the nonretail facilities is eligible for	2170
a tax credit and only the excess income tax revenue from the	2171
nonretail facilities shall be considered when computing the amount	2172
of the tax credit. If a warehouse facility is part of a	2173
point-of-final-purchase retail facility and supplies only that	2174
facility, the warehouse facility is not eligible for a tax credit.	2175
Catalog distribution centers are not considered	2176
point-of-final-purchase retail facilities for the purposes of this	2177
division, and are eligible for tax credits under this section.	2178

(G) Financial statements and other information submitted to	2179
the development services agency or the tax credit authority by an	2180
applicant or recipient of a tax credit under this section, and any	2181
information taken for any purpose from such statements or	2182
information, are not public records subject to section 149.43 of	2183
the Revised Code. However, the chairperson of the authority may	2184
make use of the statements and other information for purposes of	2185
issuing public reports or in connection with court proceedings	2186
concerning tax credit agreements under this section. Upon the	2187
request of the tax commissioner or, if the applicant or recipient	2188
is an insurance company, upon the request of the superintendent of	2189
insurance, the chairperson of the authority shall provide to the	2190
commissioner or superintendent any statement or information	2191
submitted by an applicant or recipient of a tax credit in	2192
connection with the credit. The commissioner or superintendent	2193
shall preserve the confidentiality of the statement or	2194
information.	2195

(H) A taxpayer claiming a credit under this section shall	2196
submit to the tax commissioner or, if the taxpayer is an insurance	2197
company, to the superintendent of insurance, a copy of the	2198
director of development services' certificate of verification	2199
under division (D)(7) of this section with the taxpayer's tax	2200
report or return for the taxable year or for the calendar year	2201
that includes the tax period. Failure to submit a copy of the	2202
certificate with the report or return does not invalidate a claim	2203
for a credit if the taxpayer submits a copy of the certificate to	2204
the commissioner or superintendent within sixty days after the	2205
commissioner or superintendent requests it.	2206

(I) The director of development services, after consultation	2207
with the tax commissioner and the superintendent of insurance and	2208
in accordance with Chapter 119. of the Revised Code, shall adopt	2209
rules necessary to implement this section, including rules that	2210
establish a procedure to be followed by the tax credit authority	2211
and the development services agency in the event the authority	2212
considers a taxpayer's application for which it receives a	2213
recommendation under division (C)(2)(a) of this section but does	2214
not approve it. The rules may provide for recipients of tax	2215
credits under this section to be charged fees to cover	2216
administrative costs of the tax credit program. The fees collected	2217
shall be credited to the business assistance fund created in	2218
section 122.174 of the Revised Code. At the time the director	2219
gives public notice under division (A) of section 119.03 of the	2220
Revised Code of the adoption of the rules, the director shall	2221
submit copies of the proposed rules to the chairpersons of the	2222
standing committees on economic development in the senate and the	2223
house of representatives.	2224

(J) For the purposes of this section, a taxpayer may include	2225
a partnership, a corporation that has made an election under	2226
subchapter S of chapter one of subtitle A of the Internal Revenue	2227
Code, or any other business entity through which income flows as a	2228
distributive share to its owners. A partnership, S-corporation, or	2229
other such business entity may elect to pass the credit received	2230
under this section through to the persons to whom the income or	2231
profit of the partnership, S-corporation, or other entity is	2232
distributed. The election shall be made on the annual report	2233
required under division (D)(6) of this section. The election	2234
applies to and is irrevocable for the credit for which the report	2235
is submitted. If the election is made, the credit shall be	2236
apportioned among those persons in the same proportions as those	2237
in which the income or profit is distributed.	2238

(K) If the director of development services determines that a	2239
taxpayer who has received a credit under this section is not	2240
complying with the requirement under division (D)(3) of this	2241
section, the director shall notify the tax credit authority of the	2242
noncompliance. After receiving such a notice, and after giving the	2243
taxpayer an opportunity to explain the noncompliance, the tax	2244
credit authority may require the taxpayer to refund to this state	2245
a portion of the credit in accordance with the following:	2246

(1) If the taxpayer maintained operations at the project	2247
location for a period less than or equal to the term of the	2248
credit, an amount not exceeding one hundred per cent of the sum of	2249
any credits allowed and received under this section;	2250

(2) If the taxpayer maintained operations at the project	2251
location for a period longer than the term of the credit, but less	2252
than the greater of seven years or the term of the credit plus	2253
three years, an amount not exceeding seventy-five per cent of the	2254
sum of any credits allowed and received under this section.	2255

In determining the portion of the tax credit to be refunded	2256
to this state, the tax credit authority shall consider the effect	2257
of market conditions on the taxpayer's project and whether the	2258
taxpayer continues to maintain other operations in this state.	2259
After making the determination, the authority shall certify the	2260
amount to be refunded to the tax commissioner or superintendent of	2261
insurance, as appropriate. If the amount is certified to the	2262
commissioner, the commissioner shall make an assessment for that	2263
amount against the taxpayer under Chapter 5726., 5733., 5736.,	2264
5747., or 5751. of the Revised Code. If the amount is certified to	2265
the superintendent, the superintendent shall make an assessment	2266
for that amount against the taxpayer under Chapter 5725. or 5729.	2267
of the Revised Code. The time limitations on assessments under	2268
those chapters do not apply to an assessment under this division,	2269
but the commissioner or superintendent, as appropriate, shall make	2270
the assessment within one year after the date the authority	2271
certifies to the commissioner or superintendent the amount to be	2272
refunded.	2273

(L) On or before the first day of August each year, the	2274
director of development services shall submit a report to the	2275
governor, the president of the senate, and the speaker of the	2276
house of representatives on the tax credit program under this	2277
section. The report shall include information on the number of	2278
agreements that were entered into under this section during the	2279
preceding calendar year, a description of the project that is the	2280
subject of each such agreement, and an update on the status of	2281
projects under agreements entered into before the preceding	2282
calendar year.	2283

(M) There is hereby created the tax credit authority, which	2284
consists of the director of development services and four other	2285
members appointed as follows: the governor, the president of the	2286
senate, and the speaker of the house of representatives each shall	2287
appoint one member who shall be a specialist in economic	2288
development; the governor also shall appoint a member who is a	2289
specialist in taxation. Of the initial appointees, the members	2290
appointed by the governor shall serve a term of two years; the	2291
members appointed by the president of the senate and the speaker	2292
of the house of representatives shall serve a term of four years.	2293
Thereafter, terms of office shall be for four years. Initial	2294
appointments to the authority shall be made within thirty days	2295
after January 13, 1993. Each member shall serve on the authority	2296
until the end of the term for which the member was appointed.	2297
Vacancies shall be filled in the same manner provided for original	2298
appointments. Any member appointed to fill a vacancy occurring	2299
prior to the expiration of the term for which the member's	2300
predecessor was appointed shall hold office for the remainder of	2301
that term. Members may be reappointed to the authority. Members of	2302
the authority shall receive their necessary and actual expenses	2303
while engaged in the business of the authority. The director of	2304
development services shall serve as chairperson of the authority,	2305
and the members annually shall elect a vice-chairperson from among	2306
themselves. Three members of the authority constitute a quorum to	2307
transact and vote on the business of the authority. The majority	2308
vote of the membership of the authority is necessary to approve	2309
any such business, including the election of the vice-chairperson.	2310

The director of development services may appoint a	2311
professional employee of the development services agency to serve	2312
as the director's substitute at a meeting of the authority. The	2313
director shall make the appointment in writing. In the absence of	2314
the director from a meeting of the authority, the appointed	2315
substitute shall serve as chairperson. In the absence of both the	2316
director and the director's substitute from a meeting, the	2317
vice-chairperson shall serve as chairperson.	2318

(N) For purposes of the credits granted by this section	2319
against the taxes imposed under sections 5725.18 and 5729.03 of	2320
the Revised Code, "taxable year" means the period covered by the	2321
taxpayer's annual statement to the superintendent of insurance.	2322

(O) On or before the first day of March of each of the five	2323
calendar years beginning with 2014, each taxpayer subject to an	2324
agreement with the tax credit authority under this section on the	2325
basis of home-based employees shall report the number of	2326
home-based employees and other employees employed by the taxpayer	2327
in this state to the development services agency.	2328

(P) On or before the first day of January of 2019, the	2329
director of development services shall submit a report to the	2330
governor, the president of the senate, and the speaker of the	2331
house of representatives on the effect of agreements entered into	2332
under this section in which the taxpayer included home-based	2333
employees in the computation of income tax revenue. The report	2334
shall include information on the number of such agreements that	2335
were entered into in the preceding six years, a description of the	2336
projects that were the subjects of such agreements, and an	2337
analysis of nationwide home-based employment trends, including the	2338
number of home-based jobs created from July 1, 2011, through June	2339
30, 2017, and a description of any home-based employment tax	2340
incentives provided by other states during that time.	2341

(Q) The director of development services may require any	2342
agreement entered into under this section for a tax credit	2343
computed on the basis of home-based employees to contain a	2344
provision that the taxpayer makes available health care benefits	2345
and tuition reimbursement to all employees.	2346

Sec. 122.171. (A) As used in this section:

2347

(1) "Capital investment project" means a plan of investment	2348
at a project site for the acquisition, construction, renovation,	2349
or repair of buildings, machinery, or equipment, or for	2350
capitalized costs of basic research and new product development	2351
determined in accordance with generally accepted accounting	2352
principles, but does not include any of the following:	2353

(a) Payments made for the acquisition of personal property	2354
through operating leases;	2355

(b) Project costs paid before January 1, 2002;

2356

(c) Payments made to a related member as defined in section	2357
5733.042 of the Revised Code or to a consolidated elected taxpayer	2358
or a combined taxpayer as defined in section 5751.01 of the	2359
Revised Code.	2360

(2) "Eligible business" means a taxpayer and its related	2361
members with Ohio operations satisfying all of the following:	2362

(a) The taxpayer employs at least five hundred full-time	2363
equivalent employees or has an annual payroll of at least	2364
thirty-five million dollars at the time the tax credit authority	2365
grants the tax credit under this section;	2366

(b) The taxpayer makes or causes to be made payments for the	2367
capital investment project of one of the following:	2368

(i) If the taxpayer is engaged at the project site primarily	2369
as a manufacturer, at least fifty million dollars in the aggregate	2370
at the project site during a period of three consecutive calendar	2371
years, including the calendar year that includes a day of the	2372
taxpayer's taxable year or tax period with respect to which the	2373
credit is granted;	2374

(ii) If the taxpayer is engaged at the project site primarily	2375
in significant corporate administrative functions, as defined by	2376
the director of development services by rule, at least twenty	2377
million dollars in the aggregate at the project site during a	2378
period of three consecutive calendar years including the calendar	2379
year that includes a day of the taxpayer's taxable year or tax	2380
period with respect to which the credit is granted;	2381

(iii) If the taxpayer is applying to enter into an agreement	2382
for a tax credit authorized under division (B)(3) of this section,	2383
at least five million dollars in the aggregate at the project site	2384
during a period of three consecutive calendar years, including the	2385
calendar year that includes a day of the taxpayer's taxable year	2386
or tax period with respect to which the credit is granted.	2387

(c) The taxpayer had a capital investment project reviewed	2388
and approved by the tax credit authority as provided in divisions	2389
(C), (D), and (E) of this section.	2390

(3) "Full-time equivalent employees" means the quotient	2391
obtained by dividing the total number of hours for which employees	2392
were compensated for employment in the project by two thousand	2393
eighty. "Full-time equivalent employees" shall exclude hours that	2394
are counted for a credit under section 122.17 of the Revised Code.	2395

(4) "Income tax revenue" means the total amount withheld	2396
under section 5747.06 of the Revised Code by the taxpayer during	2397
the taxable year, or during the calendar year that includes the	2398
tax period, from the compensation of all employees employed in the	2399
project whose hours of compensation are included in calculating	2400
the number of full-time equivalent employees.	2401

(5) "Manufacturer" has the same meaning as in section	2402
5739.011 of the Revised Code.	2403

(6) "Project site" means an integrated complex of facilities	2404
in this state, as specified by the tax credit authority under this	2405
section, within a fifteen-mile radius where a taxpayer is	2406
primarily operating as an eligible business.	2407

(7) "Related member" has the same meaning as in section	2408
5733.042 of the Revised Code as that section existed on the	2409
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	2410
general assembly, September 29, 1997.	2411

(8) "Taxable year" includes, in the case of a domestic or	2412
foreign insurance company, the calendar year ending on the	2413
thirty-first day of December preceding the day the superintendent	2414
of insurance is required to certify to the treasurer of state	2415
under section 5725.20 or 5729.05 of the Revised Code the amount of	2416
taxes due from insurance companies.	2417

(B) The tax credit authority created under section 122.17 of	2418
the Revised Code may grant tax credits under this section for the	2419
purpose of fostering job retention in this state. Upon application	2420
by an eligible business and upon consideration of the	2421
recommendation of the director of budget and management, tax	2422
commissioner, the superintendent of insurance in the case of an	2423
insurance company, and director of development services under	2424
division (C) of this section, the tax credit authority may grant	2425
the following credits against the tax imposed by section 5725.18,	2426
5726.02, 5729.03, 5733.06, 5736.02, 5747.02, or 5751.02 of the	2427
Revised Code:	2428

(1) A nonrefundable credit to an eligible business;

2429

(2) A refundable credit to an eligible business meeting the	2430
following conditions, provided that the director of budget and	2431
management, tax commissioner, superintendent of insurance in the	2432
case of an insurance company, and director of development services	2433
have recommended the granting of the credit to the tax credit	2434
authority before July 1, 2011:	2435

(a) The business retains at least one thousand full-time	2436
equivalent employees at the project site.	2437

(b) The business makes or causes to be made payments for a	2438
capital investment project of at least twenty-five million dollars	2439
in the aggregate at the project site during a period of three	2440
consecutive calendar years, including the calendar year that	2441
includes a day of the business' taxable year or tax period with	2442
respect to which the credit is granted.	2443

(c) In 2010, the business received a written offer of	2444
financial incentives from another state of the United States that	2445
the director determines to be sufficient inducement for the	2446
business to relocate the business' operations from this state to	2447
that state.	2448

(3) A refundable credit to an eligible business with a total	2449
annual payroll of at least twenty million dollars, provided that	2450
the tax credit authority grants the tax credit on or after July 1,	2451
2011, and before January 1, 2014.	2452

The credits authorized in divisions (B)(1), (2), and (3) of	2453
this section may be granted for a period up to fifteen taxable	2454
years or, in the case of the tax levied by section 5736.02 or	2455
5751.02 of the Revised Code, for a period of up to fifteen	2456
calendar years. The credit amount for a taxable year or a calendar	2457
year that includes the tax period for which a credit may be	2458
claimed equals the income tax revenue for that year multiplied by	2459
the percentage specified in the agreement with the tax credit	2460
authority. The percentage may not exceed seventy-five per cent.	2461
The credit shall be claimed in the order required under section	2462
5725.98, 5726.98, 5729.98, 5733.98, 5747.98, or 5751.98 of the	2463
Revised Code. In determining the percentage and term of the	2464
credit, the tax credit authority shall consider both the number of	2465
full-time equivalent employees and the value of the capital	2466
investment project. The credit amount may not be based on the	2467
income tax revenue for a calendar year before the calendar year in	2468
which the tax credit authority specifies the tax credit is to	2469
begin, and the credit shall be claimed only for the taxable years	2470
or tax periods specified in the eligible business' agreement with	2471
the tax credit authority. In no event shall the credit be claimed	2472
for a taxable year or tax period terminating before the date	2473
specified in the agreement. Any credit granted under this section	2474
against the tax imposed by section 5733.06 or 5747.02 of the	2475
Revised Code, to the extent not fully utilized against such tax	2476
for taxable years ending prior to 2008, shall automatically be	2477
converted without any action taken by the tax credit authority to	2478
a credit against the tax levied under Chapter 5751. of the Revised	2479
Code for tax periods beginning on or after July 1, 2008, provided	2480
that the person to whom the credit was granted is subject to such	2481
tax. The converted credit shall apply to those calendar years in	2482
which the remaining taxable years specified in the agreement end.	2483

If a nonrefundable credit allowed under division (B)(1) of	2484
this section for a taxable year or tax period exceeds the	2485
taxpayer's tax liability for that year or period, the excess may	2486
be carried forward for the three succeeding taxable or calendar	2487
years, but the amount of any excess credit allowed in any taxable	2488
year or tax period shall be deducted from the balance carried	2489
forward to the succeeding year or period.	2490

(C) A taxpayer that proposes a capital investment project to	2491
retain jobs in this state may apply to the tax credit authority to	2492
enter into an agreement for a tax credit under this section. The	2493
director of development services shall prescribe the form of the	2494
application. After receipt of an application, the authority shall	2495
forward copies of the application to the director of budget and	2496
management, the tax commissioner, the superintendent of insurance	2497
in the case of an insurance company, and the director of	2498
development services, each of whom shall review the application to	2499
determine the economic impact the proposed project would have on	2500
the state and the affected political subdivisions and shall submit	2501
a summary of their determinations and recommendations to the	2502
authority.	2503

(D) Upon review and consideration of the determinations and	2504
recommendations described in division (C) of this section, the tax	2505
credit authority may enter into an agreement with the taxpayer for	2506
a credit under this section if the authority determines all of the	2507
following:	2508

(1) The taxpayer's capital investment project will result in	2509
the retention of employment in this state.	2510

(2) The taxpayer is economically sound and has the ability to	2511
complete the proposed capital investment project.	2512

(3) The taxpayer intends to and has the ability to maintain	2513
operations at the project site for at least the greater of (a) the	2514
term of the credit plus three years, or (b) seven years.	2515

(4) Receiving the credit is a major factor in the taxpayer's	2516
decision to begin, continue with, or complete the project.	2517

(5) If the taxpayer is applying to enter into an agreement	2518
for a tax credit authorized under division (B)(3) of this section,	2519
the taxpayer's capital investment project will be located in the	2520
political subdivision in which the taxpayer maintains its	2521
principal place of business or maintains a unit or division with	2522
at least four thousand two hundred employees at the project site.	2523

(E) An agreement under this section shall include all of the	2524
following:	2525

(1) A detailed description of the project that is the subject	2526
of the agreement, including the amount of the investment, the	2527
period over which the investment has been or is being made, the	2528
number of full-time equivalent employees at the project site, and	2529
the anticipated income tax revenue to be generated.	2530

(2) The term of the credit, the percentage of the tax credit,	2531
the maximum annual value of tax credits that may be allowed each	2532
year, and the first year for which the credit may be claimed.	2533

(3) A requirement that the taxpayer maintain operations at	2534
the project site for at least the greater of (a) the term of the	2535
credit plus three years, or (b) seven years.	2536

(4)(a) In the case of a credit granted under division (B)(1)	2537
of this section, a requirement that the taxpayer retain at least	2538
five hundred full-time equivalent employees at the project site	2539
and within this state for the entire term of the credit, or a	2540
requirement that the taxpayer maintain an annual payroll of at	2541
least thirty-five million dollars for the entire term of the	2542
credit;	2543

(b) In the case of a credit granted under division (B)(2) of	2544
this section, a requirement that the taxpayer retain at least one	2545
thousand full-time equivalent employees at the project site and	2546
within this state for the entire term of the credit;	2547

(c) In the case of a credit granted under division (B)(3) of	2548
this section, either of the following:	2549

(i) A requirement that the taxpayer retain at least five	2550
hundred full-time equivalent employees at the project site and	2551
within this state for the entire term of the credit and a	2552
requirement that the taxpayer maintain an annual payroll of at	2553
least twenty million dollars for the entire term of the credit;	2554

(ii) A requirement that the taxpayer maintain an annual	2555
payroll of at least thirty-five million dollars for the entire	2556
term of the credit.	2557

(5) A requirement that the taxpayer annually report to the	2558
director of development services employment, tax withholding,	2559
capital investment, and other information the director needs to	2560
perform the director's duties under this section.	2561

(6) A requirement that the director of development services	2562
annually review the annual reports of the taxpayer to verify the	2563
information reported under division (E)(5) of this section and	2564
compliance with the agreement. Upon verification, the director	2565
shall issue a certificate to the taxpayer stating that the	2566
information has been verified and identifying the amount of the	2567
credit for the taxable year or calendar year that includes the tax	2568
period. In determining the number of full-time equivalent	2569
employees, no position shall be counted that is filled by an	2570
employee who is included in the calculation of a tax credit under	2571
section 122.17 of the Revised Code.	2572

(7) A provision providing that the taxpayer may not relocate	2573
a substantial number of employment positions from elsewhere in	2574
this state to the project site unless the director of development	2575
services determines that the taxpayer notified the legislative	2576
authority of the county, township, or municipal corporation from	2577
which the employment positions would be relocated.	2578

For purposes of this section, the movement of an employment	2579
position from one political subdivision to another political	2580
subdivision shall be considered a relocation of an employment	2581
position unless the movement is confined to the project site. The	2582
transfer of an employment position from one political subdivision	2583
to another political subdivision shall not be considered a	2584
relocation of an employment position if the employment position in	2585
the first political subdivision is replaced by another employment	2586
position.	2587

(8) A waiver by the taxpayer of any limitations periods	2588
relating to assessments or adjustments resulting from the	2589
taxpayer's failure to comply with the agreement.	2590

(F) If a taxpayer fails to meet or comply with any condition	2591
or requirement set forth in a tax credit agreement, the tax credit	2592
authority may amend the agreement to reduce the percentage or term	2593
of the credit. The reduction of the percentage or term may take	2594
effect in the current taxable or calendar year.	2595

(G) Financial statements and other information submitted to	2596
the department of development services or the tax credit authority	2597
by an applicant for or recipient of a tax credit under this	2598
section, and any information taken for any purpose from such	2599
statements or information, are not public records subject to	2600
section 149.43 of the Revised Code. However, the chairperson of	2601
the authority may make use of the statements and other information	2602
for purposes of issuing public reports or in connection with court	2603
proceedings concerning tax credit agreements under this section.	2604
Upon the request of the tax commissioner, or the superintendent of	2605
insurance in the case of an insurance company, the chairperson of	2606
the authority shall provide to the commissioner or superintendent	2607
any statement or other information submitted by an applicant for	2608
or recipient of a tax credit in connection with the credit. The	2609
commissioner or superintendent shall preserve the confidentiality	2610
of the statement or other information.	2611

(H) A taxpayer claiming a tax credit under this section shall	2612
submit to the tax commissioner or, in the case of an insurance	2613
company, to the superintendent of insurance, a copy of the	2614
director of development services' certificate of verification	2615
under division (E)(6) of this section with the taxpayer's tax	2616
report or return for the taxable year or for the calendar year	2617
that includes the tax period. Failure to submit a copy of the	2618
certificate with the report or return does not invalidate a claim	2619
for a credit if the taxpayer submits a copy of the certificate to	2620
the commissioner or superintendent within sixty days after the	2621
commissioner or superintendent requests it.	2622

(I) For the purposes of this section, a taxpayer may include	2623
a partnership, a corporation that has made an election under	2624
subchapter S of chapter one of subtitle A of the Internal Revenue	2625
Code, or any other business entity through which income flows as a	2626
distributive share to its owners. A partnership, S-corporation, or	2627
other such business entity may elect to pass the credit received	2628
under this section through to the persons to whom the income or	2629
profit of the partnership, S-corporation, or other entity is	2630
distributed. The election shall be made on the annual report	2631
required under division (E)(5) of this section. The election	2632
applies to and is irrevocable for the credit for which the report	2633
is submitted. If the election is made, the credit shall be	2634
apportioned among those persons in the same proportions as those	2635
in which the income or profit is distributed.	2636

(J) If the director of development services determines that a	2637
taxpayer that received a certificate under division (E)(6) of this	2638
section is not complying with the requirement under division	2639
(E)(3) of this section, the director shall notify the tax credit	2640
authority of the noncompliance. After receiving such a notice, and	2641
after giving the taxpayer an opportunity to explain the	2642
noncompliance, the authority may terminate the agreement and	2643
require the taxpayer, or any related member or members that	2644
claimed the tax credit under division (N) of this section, to	2645
refund to the state all or a portion of the credit claimed in	2646
previous years, as follows:	2647

(1) If the taxpayer maintained operations at the project site	2648
for less than or equal to the term of the credit, an amount not to	2649
exceed one hundred per cent of the sum of any tax credits allowed	2650
and received under this section.	2651

(2) If the taxpayer maintained operations at the project site	2652
longer than the term of the credit, but less than the greater of	2653
(a) the term of the credit plus three years, or (b) seven years,	2654
the amount required to be refunded shall not exceed seventy-five	2655
per cent of the sum of any tax credits allowed and received under	2656
this section.	2657

In determining the portion of the credit to be refunded to	2658
this state, the authority shall consider the effect of market	2659
conditions on the taxpayer's project and whether the taxpayer	2660
continues to maintain other operations in this state. After making	2661
the determination, the authority shall certify the amount to be	2662
refunded to the tax commissioner or the superintendent of	2663
insurance. If the taxpayer, or any related member or members who	2664
claimed the tax credit under division (N) of this section, is not	2665
an insurance company, the commissioner shall make an assessment	2666
for that amount against the taxpayer under Chapter 5726., 5733.,	2667
5736., 5747., or 5751. of the Revised Code. If the taxpayer, or	2668
any related member or members that claimed the tax credit under	2669
division (N) of this section, is an insurance company, the	2670
superintendent of insurance shall make an assessment under section	2671
5725.222 or 5729.102 of the Revised Code. The time limitations on	2672
assessments under those chapters and sections do not apply to an	2673
assessment under this division, but the commissioner or	2674
superintendent shall make the assessment within one year after the	2675
date the authority certifies to the commissioner or superintendent	2676
the amount to be refunded.	2677

(K) The director of development services, after consultation	2678
with the tax commissioner and the superintendent of insurance and	2679
in accordance with Chapter 119. of the Revised Code, shall adopt	2680
rules necessary to implement this section. The rules may provide	2681
for recipients of tax credits under this section to be charged	2682
fees to cover administrative costs of the tax credit program. The	2683
fees collected shall be credited to the business assistance fund	2684
created in section 122.174 of the Revised Code. At the time the	2685
director gives public notice under division (A) of section 119.03	2686
of the Revised Code of the adoption of the rules, the director	2687
shall submit copies of the proposed rules to the chairpersons of	2688
the standing committees on economic development in the senate and	2689
the house of representatives.	2690

(L) On or before the first day of August of each year, the	2691
director of development services shall submit a report to the	2692
governor, the president of the senate, and the speaker of the	2693
house of representatives on the tax credit program under this	2694
section. The report shall include information on the number of	2695
agreements that were entered into under this section during the	2696
preceding calendar year, a description of the project that is the	2697
subject of each such agreement, and an update on the status of	2698
projects under agreements entered into before the preceding	2699
calendar year.	2700

(M)(1) The aggregate amount of tax credits issued under	2701
division (B)(1) of this section during any calendar year for	2702
capital investment projects reviewed and approved by the tax	2703
credit authority may not exceed the following amounts:	2704

(a) For 2010, thirteen million dollars;

2705

(b) For 2011 through 2023, the amount of the limit for the	2706
preceding calendar year plus thirteen million dollars;	2707

(c) For 2024 and each year thereafter, one hundred	2708
ninety-five million dollars.	2709

(2) The aggregate amount of tax credits authorized under	2710
divisions (B)(2) and (3) of this section and allowed to be claimed	2711
by taxpayers in any calendar year for capital improvement projects	2712
reviewed and approved by the tax credit authority in 2011, 2012,	2713
and 2013 combined shall not exceed twenty-five million dollars. An	2714
amount equal to the aggregate amount of credits first authorized	2715
in calendar year 2011, 2012, and 2013 may be claimed over the	2716
ensuing period up to fifteen years, subject to the terms of	2717
individual tax credit agreements.	2718

The limitations in division (M) of this section do not apply	2719
to credits for capital investment projects approved by the tax	2720
credit authority before July 1, 2009.	2721

(N) This division applies only to an eligible business that	2722
is part of an affiliated group that includes a diversified savings	2723
and loan holding company or a grandfathered unitary savings and	2724
loan holding company, as those terms are defined in section	2725
5726.01 of the Revised Code. Notwithstanding any contrary	2726
provision of the agreement between such an eligible business and	2727
the tax credit authority, any credit granted under this section	2728
against the tax imposed by section 5725.18, 5729.03, 5733.06,	2729
5747.02, or 5751.02 of the Revised Code to the eligible business,	2730
at the election of the eligible business and without any action by	2731
the tax credit authority, may be shared with any member or members	2732
of the affiliated group that includes the eligible business, which	2733
member or members may claim the credit against the taxes imposed	2734
by section 5725.18, 5726.02, 5729.03, 5733.06, 5747.02, or 5751.02	2735
of the Revised Code. Credits shall be claimed by the eligible	2736
business in sequential order, as applicable, first claiming the	2737
credits to the fullest extent possible against the tax that the	2738
certificate holder is subject to, then against the tax imposed by,	2739
sequentially, section 5729.03, 5725.18, 5747.02, 5751.02, and	2740
lastly 5726.02 of the Revised Code. The credits may be allocated	2741
among the members of the affiliated group in such manner as the	2742
eligible business elects, but subject to the sequential order	2743
required under this division. This division applies to credits	2744
granted before, on, or after March 27, 2013, the effective date of	2745
H.B. 510 of the 129th general assembly. Credits granted before	2746
that effective date that are shared and allocated under this	2747
division may be claimed in those calendar years in which the	2748
remaining taxable years specified in the agreement end.	2749

As used in this division, "affiliated group" means a group of	2750
two or more persons with fifty per cent or greater of the value of	2751
each person's ownership interests owned or controlled directly,	2752
indirectly, or constructively through related interests by common	2753
owners during all or any portion of the taxable year, and the	2754
common owners. "Affiliated group" includes, but is not limited to,	2755
any person eligible to be included in a consolidated elected	2756
taxpayer group under section 5751.011 of the Revised Code or a	2757
combined taxpayer group under section 5751.012 of the Revised	2758
Code.	2759

Sec. 122.21. In administering the urban and rural initiative	2760
grant program created under section 122.20 of the Revised Code,	2761
the director of development services shall do all of the	2762
following:	2763

(A) Annually designate, by the first day of January of each	2764
year, the entities that constitute the eligible areas in this	2765
state;	2766

(B) Adopt rules in accordance with Chapter 119. of the	2767
Revised Code establishing procedures and forms by which eligible	2768
applicants in eligible areas may apply for a grant, which	2769
procedures shall include a requirement that the applicant file a	2770
redevelopment plan; standards and procedures for reviewing	2771
applications and awarding grants; procedures for distributing	2772
grants to recipients; procedures for monitoring the use of grants	2773
by recipients; requirements, procedures, and forms by which	2774
recipients who have received grants shall report their use of that	2775
assistance; and standards and procedures for terminating and	2776
requiring repayment of grants in the event of their improper use.	2777
The rules adopted under this division shall comply with sections	2778
122.19 to 122.22 of the Revised Code and shall include a rule	2779
requiring that an eligible applicant who receives a grant from the	2780
program provide a matching contribution of at least twenty-five	2781
per cent of the amount of the grant awarded to the eligible	2782
applicant.	2783

The rules shall require that any eligible applicant for a	2784
grant for land acquisition demonstrate to the director that the	2785
property to be acquired meets all state environmental requirements	2786
and that utilities for that property are available and adequate.	2787
The rules shall require that any eligible applicant for a grant	2788
for property eligible for the voluntary action program created	2789
under Chapter 3746. of the Revised Code receive disbursement of	2790
grant moneys only after receiving a covenant not to sue from the	2791
director of environmental protection under section 3746.12 of the	2792
Revised Code and shall require that those moneys be disbursed only	2793
as reimbursement of actual expenses incurred in the undertaking of	2794
the voluntary action. The rules shall require that whenever any	2795
money is granted for land acquisition, infrastructure	2796
improvements, or renovation of existing structures in order to	2797
develop an industrial park site for a distressed area, labor	2798
surplus area, or situational distress area as defined in section	2799
122.19 of the Revised Code that also is a distressed area, labor	2800
surplus area, or situational distress area as defined in section	2801
122.23 of the Revised Code, a substantial portion of the site be	2802
used for manufacturing, distribution, high technology, research	2803
and development, or other businesses in which a majority of the	2804
product or service produced is exported out of the state. Any	2805
retail use at the site shall not constitute a primary use but only	2806
a use incidental to other eligible uses. The rules shall require	2807
that whenever any money is granted for land acquisition,	2808
infrastructure improvements, and renovation of existing structures	2809
in order to develop an industrial park site for a distressed area,	2810
labor surplus area, or situational distress area as defined in	2811
section 122.19 of the Revised Code that also is a distressed area,	2812
labor surplus area, or situational distress area as defined in	2813
section 122.23 of the Revised Code, the applicant for the grant	2814
shall verify to the ~~department of~~ development services agency the	2815
existence of a local economic development planning committee in a	2816
municipal corporation, county, or township whose territory	2817
includes the eligible area. The committee shall consist of members	2818
of the public and private sectors who live in that municipal	2819
corporation, county, or township. The local economic development	2820
planning committee shall prepare and submit to the ~~department~~	2821
agency a five-year economic development plan for that municipal	2822
corporation, county, or township that identifies, for the	2823
five-year period covered by the plan, the economic development	2824
strategies of a municipal corporation, county, or township whose	2825
territory includes the proposed industrial park site. The economic	2826
development plan shall describe in detail how the proposed	2827
industrial park would complement other current or planned economic	2828
development programs for that municipal corporation, county, or	2829
township, including, but not limited to, workforce development	2830
initiatives, business retention and expansion efforts, small	2831
business development programs, and technology modernization	2832
programs.	2833

(C) Report to the governor, president of the senate, speaker	2834
of the house of representatives, and minority leaders of the	2835
senate and the house of representatives by the ~~thirtieth~~first day	2836
of ~~June~~August of each year on the activities carried out under	2837
the program during the preceding calendar year. The report shall	2838
include the total number of grants made that year, and, for each	2839
individual grant awarded, the following: the amount and recipient,	2840
the eligible applicant, the purpose for awarding the grant, the	2841
number of firms or businesses operating at the awarded site, the	2842
number of employees employed by each firm or business, any excess	2843
capacity at an industrial park site, and any additional	2844
information the director declares to be relevant.	2845

(D) Inform local governments and others in the state of the	2846
availability of grants under section 122.20 of the Revised Code;	2847

(E) Annually compile, pursuant to rules adopted by the	2848
director of development services in accordance with Chapter 119.	2849
of the Revised Code, using pertinent information submitted by any	2850
municipal corporation, county, or township, a list of industrial	2851
parks located in the state. The list shall include the following	2852
information, expressed if possible in terms specified in the	2853
director's rules adopted under this division: location of each	2854
industrial park site, total acreage of each park site, total	2855
occupancy of each park site, total capacity for new business at	2856
each park site, total capacity of each park site for sewer, water,	2857
and electricity, a contact person for each park site, and any	2858
additional information the director declares to be relevant. Once	2859
the list is compiled, the director shall make it available to the	2860
governor, president of the senate, speaker of the house of	2861
representatives, and minority leaders of the senate and the house	2862
of representatives.	2863

Sec. 122.25. (A) In administering the program established	2864
under section 122.24 of the Revised Code, the director of	2865
development services shall do all of the following:	2866

(1) Annually designate, by the first day of January of each	2867
year, the entities that constitute the eligible areas in this	2868
state as defined in section 122.23 of the Revised Code;	2869

(2) Inform local governments and others in the state of the	2870
availability of the program and financial assistance established	2871
under sections 122.23 to 122.27 of the Revised Code;	2872

(3) Report to the governor, president of the senate, speaker	2873
of the house of representatives, and minority leaders of the	2874
senate and the house of representatives by the ~~thirtieth~~first day	2875
of ~~June~~August of each year on the activities carried out under	2876
the program during the preceding calendar year. The report shall	2877
include the number of loans made that year and the amount and	2878
recipient of each loan.	2879

(4) Work in conjunction with conventional lending	2880
institutions, local revolving loan funds, private investors, and	2881
other private and public financing sources to provide loans or	2882
loan guarantees to eligible applicants;	2883

(5) Establish fees, charges, interest rates, payment	2884
schedules, local match requirements, and other terms and	2885
conditions for loans and loan guarantees provided under the	2886
program;	2887

(6) Require each applicant to demonstrate the suitability of	2888
any site for the assistance sought; that the site has been	2889
surveyed, that the site has adequate or available utilities, and	2890
that there are no zoning restrictions, environmental regulations,	2891
or other matters impairing the use of the site for the purpose	2892
intended;	2893

(7) Require each applicant to provide a marketing plan and	2894
management strategy for the project;	2895

(8) Adopt rules establishing all of the following:

2896

(a) Forms and procedures by which eligible applicants may	2897
apply for assistance;	2898

(b) Criteria for reviewing, evaluating, and ranking	2899
applications, and for approving applications that best serve the	2900
goals of the program;	2901

2902

(d) Guidelines regarding situations in which industrial parks	2903
would be considered to compete against one another for the	2904
purposes of division (B)(2) of section 122.27 of the Revised Code;	2905

(e) Any other rules necessary to implement and administer the	2906
program.	2907

(B) The director may adopt rules establishing requirements	2908
governing the use of any industrial park site receiving assistance	2909
under section 122.24 of the Revised Code, such that a certain	2910
portion of the site must be used for manufacturing, distribution,	2911
high technology, research and development, or other businesses	2912
wherein a majority of the product or service produced is exported	2913
out of the state.	2914

(C) As a condition of receiving assistance under section	2915
122.24 of the Revised Code, and except as provided in division (D)	2916
of this section, an applicant shall agree, for a period of five	2917
years, not to permit the use of a site that is developed or	2918
improved with such assistance to cause the relocation of jobs to	2919
that site from elsewhere in the state.	2920

(D) A site developed or improved with assistance under	2921
section 122.24 of the Revised Code may be the site of jobs	2922
relocated from elsewhere in the state if the director of	2923
development services does all of the following:	2924

(1) Makes a written determination that the site from which	2925
the jobs would be relocated is inadequate to meet market or	2926
industry conditions, expansion plans, consolidation plans, or	2927
other business considerations affecting the relocating employer;	2928

(2) Provides a copy of the determination required by division	2929
(D)(1) of this section to the members of the general assembly	2930
whose legislative districts include the site from which the jobs	2931
would be relocated;	2932

(3) Determines that the governing body of the area from which	2933
the jobs would be relocated has been notified in writing by the	2934
relocating company of the possible relocation.	2935

(E) The director of development services shall obtain the	2936
approval of the controlling board for any loan or loan guarantee	2937
provided under sections 122.23 to 122.27 of the Revised Code.	2938

Sec. 122.37. (A) There is hereby created in the ~~department~~	2939
of development services agency the steel futures program, for the	2940
purpose of preserving and improving the existing industrial base	2941
of the state, improving the economy of the state by providing	2942
employment, increased productivity, and ensuring continued	2943
technological development consistent with these goals, and	2944
maintaining a high standard of living for the people of this	2945
state. The steel futures ~~progam~~program may be supplemental to any	2946
other enterprise assistance program administered by the director	2947
of development services, and shall be administered so as to	2948
provide financial and technical assistance to increase the	2949
competitiveness of existing steel and steel-related industries in	2950
this state, and to encourage establishment and development of new	2951
industries of this type within the state.	2952

~~Within six months after the effective date of this section,~~	2953
~~the~~The director shall develop a strategy for financial and	2954
technical assistance to steel and steel-related industries in the	2955
state, which shall include investment policies with regard to	2956
these industries.	2957

(B) In administering the program, the director may consult	2958
with appropriate representatives of steel and steel-related	2959
industries, appropriate representatives of any union that	2960
represents workers in these industries, and other persons with	2961
expert knowledge in these industries.	2962

(C) The director of development services shall consult with	2963
the ~~chairman~~chairperson of the public utilities commission to	2964
foster development of public and private cooperative efforts that	2965
result in energy savings and reduced energy costs for steel and	2966
steel-related industries.	2967

(D) Assistance may be made available to steel and	2968
steel-related industries undertaking projects the director	2969
determines to have long-term implications for and broad	2970
applicability to the economy of this state when the director	2971
finds:	2972

(1) The undertaking of projects by the industries will	2973
benefit the people of the state by creating or preserving jobs and	2974
employment opportunities or improving the economic welfare of the	2975
people of this state, and promoting development of new technology	2976
or improving application of existing steel and steel-related	2977
technology.	2978

(2) The undertaking of projects by the industries will allow	2979
them to compete more effectively in the marketplace.	2980

(E) Projects eligible to receive assistance under the steel	2981
futures program may include, but are not limited to, the following	2982
areas:	2983

(1) Research and development specifically related to steel	2984
and steel-related industries and feasibility studies for business	2985
development within these industries;	2986

(2) Employee training;

2987

(3) Labor and management relations; and

2988

(4) Technology-driven capital investment.

2989

(F) Financial and technical assistance may be in the form and	2990
conditioned upon terms as the director considers appropriate.	2991

(G) No later than the ~~thirtieth~~first day of ~~June in the~~	2992
~~first year after the effective date of this section, and no later~~	2993
~~than the thirtieth day of June~~August of each year ~~thereafter~~, the	2994
director shall submit a report to the general assembly describing	2995
projects of the steel futures program, results obtained from	2996
completed projects of the program, and program projects for the	2997
next fiscal year.	2998

Sec. 122.64. (A) There is hereby established in the	2999
development services agency a business services division. The	3000
division shall be supervised by a deputy director appointed by the	3001
director of development services.	3002

The division is responsible for the administration of the	3003
state economic development financing programs established pursuant	3004
to sections 122.17 and 122.18, sections 122.39 and 122.41 to	3005
122.62, and Chapter 166. of the Revised Code.	3006

(B) The director of development services shall:

3007

(1) Receive applications for assistance pursuant to sections	3008
122.39 and 122.41 to 122.62 and Chapter 166. of the Revised Code.	3009
The director shall process the applications.	3010

(2) With the approval of the director of administrative	3011
services, establish salary schedules for employees of the various	3012
positions of employment with the division and assign the various	3013
positions to those salary schedules;	3014

(3) Employ and fix the compensation of financial consultants,	3015
appraisers, consulting engineers, superintendents, managers,	3016
construction and accounting experts, attorneys, and other agents	3017
for the assistance programs authorized pursuant to sections 122.17	3018
and 122.18, sections 122.39 and 122.41 to 122.62, and Chapter 166.	3019
of the Revised Code as are necessary;	3020

(4) Supervise the administrative operations of the division;

3021

(5) On or before the first day of ~~October~~August in each	3022
year, make an annual report of the activities and operations under	3023
assistance programs authorized pursuant to sections 122.39 and	3024
122.41 to 122.62 and Chapter 166. of the Revised Code for the	3025
preceding fiscal year to the governor and the general assembly.	3026
Each such report shall set forth a complete operating and	3027
financial statement covering such activities and operations during	3028
the year in accordance with generally accepted accounting	3029
principles and shall be audited by a certified public accountant.	3030
The director of development services shall transmit a copy of the	3031
audited financial report to the office of budget and management.	3032

Sec. 122.86. (A) As used in this section and section 5747.81	3033
of the Revised Code:	3034

(1) "Small business enterprise" means a corporation,	3035
pass-through entity, or other person satisfying all of the	3036
following:	3037

(a) At the time of a qualifying investment, the enterprise	3038
meets all of the following requirements:	3039

(i) Has no outstanding tax or other liabilities owed to the	3040
state;	3041

(ii) Is in good standing with the secretary of state, if the	3042
enterprise is required to be registered with the secretary;	3043

(iii) Is current with any court-ordered payments;

3044

(iv) Is not engaged in any illegal activity.

3045

(b) At the time of a qualifying investment, the enterprise's	3046
assets according to generally accepted accounting principles do	3047
not exceed fifty million dollars, or its annual sales do not	3048
exceed ten million dollars. When making this determination, the	3049
assets and annual sales of all of the enterprise's related or	3050
affiliated entities shall be included in the calculation.	3051

(c) The enterprise employs at least fifty full-time	3052
equivalent employees in this state for whom the enterprise is	3053
required to withhold income tax under section 5747.06 of the	3054
Revised Code, or more than one-half the enterprise's total number	3055
of full-time equivalent employees employed anywhere in the United	3056
States are employed in this state and are subject to that	3057
withholding requirement.	3058

(d) The enterprise, within six months after an eligible	3059
investor's qualifying investment is made, invests in or incurs	3060
cost for one or more of the following in an amount at least equal	3061
to the amount of the qualifying investment:	3062

(i) Tangible personal property, other than motor vehicles	3063
operated on public roads and highways, used in business and	3064
physically located in this state from the time of its acquisition	3065
by the enterprise until the end of the investor's holding period;	3066

(ii) Motor vehicles operated on public roads and highways if,	3067
from the time of acquisition by the enterprise until the end of	3068
the investor's holding period, the motor vehicles are purchased in	3069
this state, registered in this state under Chapter 4503. of the	3070
Revised Code, are used primarily for business purposes, and are	3071
necessary for the operation of the enterprise's business;	3072

(iii) Real property located in this state that is used in	3073
business from the time of its acquisition by the enterprise until	3074
the end of the holding period;	3075

(iv) Intangible personal property, including patents,	3076
copyrights, trademarks, service marks, or licenses used in	3077
business primarily in this state from the time of its acquisition	3078
by the enterprise until the end of the holding period;	3079

(v) Compensation for new employees of the enterprise for whom	3080
the enterprise is required to withhold income tax under section	3081
5747.06 of the Revised Code, not including increased compensation	3082
for owners, officers, or managers of the enterprise. For this	3083
purpose compensation for new employees includes compensation for	3084
newly hired or retained employees.	3085

(2) "Qualifying investment" means an investment of money made	3086
on or after July 1, 2011, to acquire capital stock or other equity	3087
interest in a small business enterprise. "Qualifying investment"	3088
does not include either of the following:	3089

(a) Any investment of money an eligible investor derives,	3090
directly or indirectly, from a grant or loan from the federal	3091
government or the state or a political subdivision, including the	3092
third frontier program under Chapter 184. of the Revised Code;	3093

(b) Any investment of money which is the basis of a tax	3094
credit granted under any other section of the Revised Code.	3095

(3) "Eligible investor" means an individual, estate, or trust	3096
subject to the tax imposed by section 5747.02 of the Revised Code,	3097
or a pass-through entity in which such an individual, estate, or	3098
trust holds a direct or indirect ownership or other equity	3099
interest. To qualify as an eligible investor, the individual,	3100
estate, trust, or pass-through entity shall not owe any	3101
outstanding tax or other liability to the state at the time of a	3102
qualifying investment.	3103

(4) "Holding period" means:

3104

~~(a) For qualifying investments made on or after July 1, 2011,~~	3105
~~but before July 1, 2013,~~ the two-year period beginning on the day	3106
~~the investment was made;~~	3107

~~(b) For qualifying investments made on or after July 1, 2013,~~	3108
~~the five-year period beginning on the day the investment was~~a	3109
qualifying investment is made.	3110

(5) "Pass-through entity" has the same meaning as in section	3111
5733.04 of the Revised Code.	3112

(B) Any eligible investor that makes a qualifying investment	3113
in a small business enterprise on or after July 1, 2011, may apply	3114
to the director of development services to obtain a small business	3115
investment certificate from the director. Alternatively, a small	3116
business enterprise may apply on behalf of eligible investors to	3117
obtain the certificates for those investors. The director, in	3118
consultation with the tax commissioner, shall prescribe the form	3119
or manner in which an applicant shall apply for the certificate,	3120
devise the form of the certificate, and prescribe any records or	3121
other information an applicant shall furnish with the application	3122
to evidence the qualifying investment. The applicant shall state	3123
the amount of the intended investment. The applicant shall pay an	3124
application fee equal to the greater of one-tenth of one per cent	3125
of the amount of the intended investment or one hundred dollars.	3126

A small business investment certificate entitles the	3127
certificate holder to receive a tax credit under section 5747.81	3128
of the Revised Code if the certificate holder qualifies for the	3129
credit as otherwise provided in this section. If the certificate	3130
holder is a pass-through entity, the certificate entitles the	3131
entity's equity owners to receive their distributive or	3132
proportionate shares of the credit. In any fiscal biennium, an	3133
eligible investor may not apply for small business investment	3134
certificates representing intended investment amounts in excess of	3135
ten million dollars. Such certificates are not transferable.	3136

The director of development services may reserve small	3137
business investment certificates to qualifying applicants in the	3138
order in which the director receives applications, but may issue	3139
the certificates as the applications are completed. An application	3140
is completed when the director has validated that an eligible	3141
investor has made a qualified investment and the small business	3142
enterprise has made the appropriate reinvestment of the qualified	3143
investment pursuant to the requirements of division (A)(1)(d) of	3144
this section. To qualify for a certificate, an eligible investor	3145
must satisfy both of the following, subject to the limitation on	3146
the amount of qualifying investments for which certificates may be	3147
issued under division (C) of this section:	3148

(1) The eligible investor makes a qualifying investment on or	3149
after July 1, 2011.	3150

(2) The eligible investor pledges not to sell or otherwise	3151
dispose of the qualifying investment before the conclusion of the	3152
applicable holding period.	3153

(C)(1) The amount of any eligible investor's qualifying	3154
investments for which small business investment certificates may	3155
be issued for a fiscal biennium shall not exceed ten million	3156
dollars.	3157

(2) The director of development services shall not issue a	3158
small business investment certificate to an eligible investor	3159
representing an amount of qualifying investment in excess of the	3160
amount of the intended investment indicated on the investor's	3161
application for the certificate.	3162

(3) The director of development services shall not issue	3163
small business investment certificates in a total amount that	3164
would cause the tax credits claimed in any fiscal biennium to	3165
exceed one hundred million dollars.	3166

(4) The director of development services may issue a small	3167
business investment certificate only if both of the following	3168
apply at the time of issuance:	3169

(a) The small business enterprise meets all the requirements	3170
listed in divisions (A)(1)(a)(i) to (iv) of this section;	3171

(b) The eligible investor does not owe any outstanding tax or	3172
other liability to the state.	3173

(D) Before the end of the applicable holding period of a	3174
qualifying investment, each enterprise in which a qualifying	3175
investment was made for which a small business investment	3176
certificate has been issued, upon the request of the director of	3177
development services, shall provide to the director records or	3178
other evidence satisfactory to the director that the enterprise is	3179
a small business enterprise for the purposes of this section. Each	3180
enterprise shall also provide annually to the director records or	3181
evidence regarding the number of jobs created or retained in the	3182
state. No credit may be claimed under this section and section	3183
5747.81 of the Revised Code if the director finds that an	3184
enterprise is not a small business enterprise for the purposes of	3185
this section. The director shall compile and maintain a register	3186
of small business enterprises qualifying under this section and	3187
shall certify the register to the tax commissioner. The director	3188
shall also compile and maintain a record of the number of jobs	3189
created or retained as a result of qualifying investments made	3190
pursuant to this section.	3191

(E) After the conclusion of the applicable holding period for	3192
a qualifying investment, a person to whom a small business	3193
investment certificate has been issued under this section may	3194
claim a credit as provided under section 5747.81 of the Revised	3195
Code.	3196

(F) The director of development services, in consultation	3197
with the tax commissioner, may adopt rules for the administration	3198
of this section, including rules governing the following:	3199

(1) Documents, records, or other information eligible	3200
investors shall provide to the director;	3201

(2) Any information a small business enterprise shall provide	3202
for the purposes of this section and section 5747.81 of the	3203
Revised Code;	3204

(3) Determination of the number of full-time equivalent	3205
employees of a small business enterprise;	3206

(4) Verification of a small business enterprise's investment	3207
in tangible personal property and intangible personal property	3208
under division (A)(1)(d) of this section, including when such	3209
investments have been made and where the property is used in	3210
business;	3211

(5) Circumstances under which small business enterprises or	3212
eligible investors may be subverting the purposes of this section	3213
and section 5747.81 of the Revised Code.	3214

There is hereby created in the state treasury the InvestOhio	3215
support fund. The fund shall consist of the fees paid under	3216
division (B) of this section and shall be used by the development	3217
services agency to pay the costs of administering the small	3218
business investment certificate program established under this	3219
section.	3220

Sec. 122.861. (A) As used in this section:

3221

(1) "Certified engine configuration" means a new, rebuilt, or	3222
remanufactured engine configuration that satisfies divisions	3223
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this	3224
section:	3225

(a) It has been certified by the administrator of the United	3226
States environmental protection agency or the California air	3227
resources board.	3228

(b) It meets or is rebuilt or remanufactured to a more	3229
stringent set of engine emission standards than when originally	3230
manufactured, as determined pursuant to Subtitle G of Title VII of	3231
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838,	3232
et seq.	3233

(c) In the case of a certified engine configuration involving	3234
the replacement of an existing engine, an engine configuration	3235
that replaced an engine that was removed from the vehicle and	3236
returned to the supplier for remanufacturing to a more stringent	3237
set of engine emissions standards or for scrappage.	3238

(2) "Section 793" means section 793 of the Energy Policy Act	3239
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.	3240

(3) "Verified technology" means a pollution control	3241
technology, including a retrofit technology, advanced truckstop	3242
electrification system, or auxiliary power unit, that has been	3243
verified by the administrator of the United States environmental	3244
protection agency or the California air resources board.	3245

(B) For the purpose of reducing emissions from diesel	3246
engines, the director of environmental protection shall administer	3247
a diesel emissions reduction grant program and a ~~diesel emissions~~	3248
~~reduction revolving loan~~clean diesel school bus program. The	3249
programs shall provide for the implementation in this state of	3250
section 793 and shall otherwise be administered in compliance with	3251
the requirements of section 793, and any regulations issued	3252
pursuant to that section.	3253

The director shall apply to the administrator of the United	3254
States environmental protection agency for grant or loan funds	3255
available under section 793 to help fund the diesel emissions	3256
reduction grant program and the ~~diesel emissions reduction~~	3257
~~revolving loan~~clean diesel school bus program.	3258

~~(C) There is hereby created in the state treasury the diesel~~	3259
~~emissions reduction revolving loan fund consisting of money~~	3260
~~appropriated to it by the general assembly, any grants obtained~~	3261
~~from the federal government under section 793, and any other~~	3262
~~grants, gifts, or other contributions of money made to the credit~~	3263
~~of the fund. Money in the fund shall be used for the purpose of~~	3264
~~making loans for projects relating to certified engine~~	3265
~~configurations and verified technologies in a manner consistent~~	3266
~~with the requirements of section 793 and any regulations issued~~	3267
~~pursuant to that section. Interest earned from moneys in the fund~~	3268
~~shall be used to administer the diesel emissions reduction~~	3269
~~revolving loan program.~~	3270

Sec. 122.89. (A) The director of development services may	3271
execute bonds as surety for minority businesses as principals, on	3272
contracts with the state, any political subdivision or	3273
instrumentality thereof, or any person as the obligee. The	3274
director as surety may exercise all the rights and powers of a	3275
company authorized by the department of insurance to execute bonds	3276
as surety but shall not be subject to any requirements of a surety	3277
company under Title XXXIX of the Revised Code nor to any rules of	3278
the department of insurance.	3279

(B) The director, with the advice of the minority development	3280
financing advisory board, shall adopt rules under Chapter 119. of	3281
the Revised Code establishing procedures for application for	3282
surety bonds by minority businesses and for review and approval of	3283
applications. The board shall review each application in	3284
accordance with the rules and, based on the bond worthiness of	3285
each applicant, shall refer all qualified applicants to the	3286
director. Based on the recommendation of the board, the director	3287
shall determine whether or not the applicant shall receive	3288
bonding.	3289

(C) The rules of the board shall require the minority	3290
business to pay a premium in advance for the bond to be	3291
established by the director, with the advice of the board after	3292
the director receives advice from the superintendent of insurance	3293
regarding the standard market rates for premiums for similar	3294
bonds. All premiums paid by minority businesses shall be paid into	3295
the minority business bonding program administrative and loss	3296
reserve fund.	3297

(D) The rules of the board shall provide for a retainage of	3298
money paid to the minority business or EDGE business enterprise of	3299
fifteen per cent for a contract valued at more than fifty thousand	3300
dollars and for a retainage of twelve per cent for a contract	3301
valued at fifty thousand dollars or less.	3302

(E) The penal sum amounts of all outstanding bonds issued by	3303
the director shall not exceed the amount of moneys in the minority	3304
business bonding fund and available to the fund under division (B)	3305
of section 169.05 of the Revised Code.	3306

(F) The superintendent of insurance shall provide such	3307
technical and professional assistance as is considered necessary	3308
by the director, including providing advice regarding the standard	3309
market rates for bond premiums as described under division (C) of	3310
this section.	3311

(G) Notwithstanding any provision of the Revised Code to the	3312
contrary, a minority business or EDGE business enterprise may bid	3313
or enter into a contract with the state or with any	3314
instrumentality of the state without being required to provide a	3315
bond as follows:	3316

(1) For the first contract that a minority business or EDGE	3317
business enterprise enters into with the state or with any	3318
particular instrumentality of the state, the minority business or	3319
EDGE business enterprise may bid or enter into a contract valued	3320
at twenty-five thousand dollars or less without being required to	3321
provide a bond, but only if the minority business or EDGE business	3322
enterprise is participating in a qualified contractor assistance	3323
program or has successfully completed a qualified contractor	3324
assistance program after ~~the effective date of this amendment~~	3325
October 16, 2009;	3326

(2) After the state or any particular instrumentality of the	3327
state has accepted the first contract as completed and all	3328
subcontractors and suppliers on the contract have been paid, the	3329
minority business or EDGE business enterprise may bid or enter	3330
into a second contract with the state or with that particular	3331
instrumentality of the state valued at fifty thousand dollars or	3332
less without being required to provide a bond, but only if the	3333
minority business or EDGE business enterprise is participating in	3334
a qualified contractor assistance program or has successfully	3335
completed a qualified contractor assistance program after ~~the~~	3336
~~effective date of this amendment~~October 16, 2009;	3337

(3) After the state or any particular instrumentality of the	3338
state has accepted the second contract as completed and all	3339
subcontractors and suppliers on the contract have been paid, the	3340
minority business or EDGE business enterprise may bid or enter	3341
into a third contract with the state or with that particular	3342
instrumentality of the state valued at one hundred thousand	3343
dollars or less without being required to provide a bond, but only	3344
if the minority business or EDGE business enterprise has	3345
successfully completed a qualified contractor assistance program	3346
after ~~the effective date of this amendment~~October 16, 2009;	3347

(4) After the state or any particular instrumentality of the	3348
state has accepted the third contract as completed and all	3349
subcontractors and suppliers on the contract have been paid, the	3350
minority business or EDGE business enterprise may bid or enter	3351
into a fourth contract with the state or with that particular	3352
instrumentality of the state valued at three hundred thousand	3353
dollars or less without being required to provide a bond, but only	3354
if the minority business or EDGE business enterprise has	3355
successfully completed a qualified contractor assistance program	3356
after ~~the effective date of this amendment~~October 16, 2009;	3357

(5) After the state or any instrumentality of the state has	3358
accepted the fourth contract as completed and all subcontractors	3359
and suppliers on the contract have been paid, upon a showing that	3360
with respect to a contract valued at four hundred thousand dollars	3361
or less with the state or with any particular instrumentality of	3362
the state, that the minority business or EDGE business enterprise	3363
either has been denied a bond by two surety companies or that the	3364
minority business or EDGE business enterprise has applied to two	3365
surety companies for a bond and, at the expiration of sixty days	3366
after making the application, has neither received nor been denied	3367
a bond, the minority business or EDGE business enterprise may	3368
repeat its participation in the unbonded state contractor program.	3369
Under no circumstances shall a minority business or EDGE business	3370
enterprise be permitted to participate in the unbonded state	3371
contractor program more than twice.	3372

(H) Notwithstanding any provision of the Revised Code to the	3373
contrary, a minority business or EDGE business enterprise may bid	3374
or enter into a contract with any political subdivision of the	3375
state or with any instrumentality of a political subdivision	3376
without being required to provide a bond as follows:	3377

(1) For the first contract that the minority business or EDGE	3378
business enterprise enters into with any particular political	3379
subdivision of the state or with any particular instrumentality of	3380
a political subdivision, the minority business or EDGE business	3381
enterprise may bid or enter into a contract valued at twenty-five	3382
thousand dollars or less without being required to provide a bond,	3383
but only if the minority business or EDGE business enterprise is	3384
participating in a qualified contractor assistance program or has	3385
successfully completed a qualified contractor assistance program	3386
after ~~the effective date of this amendment~~October 16, 2009;	3387

(2) After any political subdivision of the state or any	3388
instrumentality of a political subdivision has accepted the first	3389
contract as completed and all subcontractors and suppliers on the	3390
contract have been paid, the minority business or EDGE business	3391
enterprise may bid or enter into a second contract with that	3392
particular political subdivision of the state or with that	3393
particular instrumentality of a political subdivision valued at	3394
fifty thousand dollars or less without being required to provide a	3395
bond, but only if the minority business or EDGE business	3396
enterprise is participating in a qualified contractor assistance	3397
program or has successfully completed a qualified contractor	3398
assistance program after ~~the effective date of this amendment~~	3399
October 16, 2009;	3400

(3) After any political subdivision of the state or any	3401
instrumentality of a political subdivision has accepted the second	3402
contract as completed and all subcontractors and suppliers on the	3403
contract have been paid, the minority business or EDGE business	3404
enterprise may bid or enter into a third contract with that	3405
particular political subdivision of the state or with that	3406
particular instrumentality of a political subdivision valued at	3407
one hundred thousand dollars or less without being required to	3408
provide a bond, but only if the minority business or EDGE business	3409
enterprise has successfully completed a qualified contractor	3410
assistance program after ~~the effective date of this amendment~~	3411
October 16, 2009;	3412

(4) After any political subdivision of the state or any	3413
instrumentality of a political subdivision has accepted the third	3414
contract as completed and all subcontractors and suppliers on the	3415
contract have been paid, the minority business or EDGE business	3416
enterprise may bid or enter into a fourth contract with that	3417
particular political subdivision of the state or with that	3418
particular instrumentality of a political subdivision valued at	3419
two hundred thousand dollars or less without being required to	3420
provide a bond, but only if the minority business or EDGE business	3421
enterprise has successfully completed a qualified contractor	3422
assistance program after ~~the effective date of this amendment~~	3423
October 16, 2009;	3424

(5) After any political subdivision of the state or any	3425
instrumentality of a political subdivision has accepted the fourth	3426
contract as completed and all subcontractors and suppliers on the	3427
contract have been paid, upon a showing that with respect to a	3428
contract valued at three hundred thousand dollars or less with any	3429
political subdivision of the state or any instrumentality of a	3430
political subdivision, that the minority business or EDGE business	3431
enterprise either has been denied a bond by two surety companies	3432
or that the minority business or EDGE business enterprise has	3433
applied to two surety companies for a bond and, at the expiration	3434
of sixty days after making the application, has neither received	3435
nor been denied a bond, the minority business or EDGE business	3436
enterprise may repeat its participation in the unbonded political	3437
subdivision contractor program. Under no circumstances shall a	3438
minority business or EDGE business enterprise be permitted to	3439
participate in the unbonded political subdivision contractor	3440
program more than twice.	3441

(I) Notwithstanding any provision of the Revised Code to the	3442
contrary, if a minority business or EDGE business enterprise has	3443
entered into two or more contracts with the state or with any	3444
instrumentality of the state, the minority business or EDGE	3445
business enterprise may bid or enter into a contract with a	3446
political subdivision of the state or with any instrumentality of	3447
a political subdivision valued at the level at which the minority	3448
business or EDGE business enterprise would qualify if entering	3449
into an additional contract with the state.	3450

(J) The director of development services shall coordinate and	3451
oversee the unbonded state contractor program described in	3452
division (G) of this section, the unbonded political subdivision	3453
contractor program described in division (H) of this section, and	3454
the approval of a qualified contractor assistance program. The	3455
director shall prepare an annual report and submit it to the	3456
governor and the general assembly on or before the first day of	3457
~~February~~August that includes the following: information on the	3458
director's activities for the preceding calendar year regarding	3459
the unbonded state contractor program, the unbonded political	3460
subdivision contractor program, and the qualified contractor	3461
assistance program; a summary and description of the operations	3462
and activities of these programs; an assessment of the	3463
achievements of these programs; and a recommendation as to whether	3464
these programs need to continue.	3465

(K) As used in this section:

3466

(1) "EDGE business enterprise" means an EDGE business	3467
enterprise certified under section 123.152 of the Revised Code.	3468

(2) "Qualified contractor assistance program" means an	3469
educational program or technical assistance program for business	3470
development that is designed to assist a minority business or EDGE	3471
business enterprise in becoming eligible for bonding and has been	3472
approved by the director of development services for use as	3473
required under this section.	3474

(3) "Successfully completed a qualified contractor assistance	3475
program" means the minority business or EDGE business enterprise	3476
completed such a program on or after ~~the effective date of this~~	3477
~~amendment~~October 16, 2009.	3478

(4) "Unbonded state contractor program" means the program	3479
described in division (G) of this section.	3480

(5) "Unbonded political subdivision contractor program" means	3481
the program described in division (H) of this section.	3482

Sec. 122.94. The director of development services shall:

3483

(A) Promulgate rules in accordance with Chapter 119. of the	3484
Revised Code for the conduct of the minority business development	3485
division's business and for carrying out the purposes of sections	3486
122.92 to 122.94 of the Revised Code;	3487

(B) Prepare an annual report to the governor and the general	3488
assembly on or before the first day of ~~February~~August of its	3489
activities for the preceding calendar year.	3490

Sec. 122.941. (A) On or before the first day of ~~October~~	3491
August in each year, the director of development services shall	3492
make an annual report of the activities and operations under the	3493
assistance programs of the ~~department~~development services agency	3494
for the preceding fiscal year to the governor and general	3495
assembly. The annual report shall include a detailing of those	3496
grants, guarantees, loans, and other forms of state assistance to	3497
women-owned businesses.	3498

(B) As used in this section:

3499

(1) "Women-owned business" means any individual, partnership,	3500
corporation, or joint venture of any kind that is owned and	3501
controlled by women who are United States citizens and residents	3502
of this state.	3503

(2) "Owned and controlled" means that at least fifty-one per	3504
cent of the business, including corporate stock if it is a	3505
corporation, is owned by women and that such owners have control	3506
over the day-to-day operations of the business and an interest in	3507
the capital, assets, and profits and losses of the business	3508
proportionate to their percentage of ownership. In order to	3509
qualify as a women-owned business, a business shall have been	3510
owned by such owners at least one year.	3511

Sec. 123.01. (A) The department of administrative services,	3512
in addition to those powers enumerated in Chapters 124. and 125.	3513
of the Revised Code and provided elsewhere by law, shall exercise	3514
the following powers:	3515

(1) To prepare and suggest comprehensive plans for the	3516
development of grounds and buildings under the control of a state	3517
agency;	3518

(2) To acquire, by purchase, gift, devise, lease, or grant,	3519
all real estate required by a state agency, in the exercise of	3520
which power the department may exercise the power of eminent	3521
domain, in the manner provided by sections 163.01 to 163.22 of the	3522
Revised Code;	3523

(3) To erect, supervise, and maintain all public monuments	3524
and memorials erected by the state, except where the supervision	3525
and maintenance is otherwise provided by law;	3526

(4) To procure, by lease, storage accommodations for a state	3527
agency;	3528

(5) To lease or grant easements or licenses for unproductive	3529
and unused lands or other property under the control of a state	3530
agency. Such leases, easements, or licenses may be granted to any	3531
person or entity, shall be for a period not to exceed fifteen	3532
years, and shall be executed for the state by the director of	3533
administrative services, provided that the director shall grant	3534
leases, easements, or licenses of university land for periods not	3535
to exceed twenty-five years for purposes approved by the	3536
respective university's board of trustees wherein the uses are	3537
compatible with the uses and needs of the university and may grant	3538
leases of university land for periods not to exceed forty years	3539
for purposes approved by the respective university's board of	3540
trustees pursuant to section 123.17 of the Revised Code.	3541

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

3542

(7) To have general supervision and care of the storerooms,	3543
offices, and buildings leased for the use of a state agency;	3544

(8) To exercise general custodial care of all real property	3545
of the state;	3546

(9) To assign and group together state offices in any city in	3547
the state and to establish, in cooperation with the state agencies	3548
involved, rules governing space requirements for office or storage	3549
use;	3550

(10) To lease for a period not to exceed forty years,	3551
pursuant to a contract awarded under section 125.071 of the	3552
Revised Code, providing for the construction ~~thereof~~, renovation,	3553
or other improvement under a lease-purchase ~~plan~~or	3554
lease-leaseback agreement, of buildings, structures, and other	3555
improvements for any public purpose, and, in conjunction	3556
therewith, to grant leases, easements, or licenses for lands under	3557
the control of a state agency for a period not to exceed forty	3558
years. The lease-purchase ~~plan~~or lease-leaseback agreement shall	3559
provide that at the end of the lease period, the buildings,	3560
structures, and related improvements, together with the land on	3561
which they are situated, shall become the property of the state	3562
without cost.	3563

~~(a) Whenever any building, structure, or other improvement is~~	3564
~~to be so leased by a state agency, the department shall retain~~	3565
~~either basic plans, specifications, bills of materials, and~~	3566
~~estimates of cost with sufficient detail to afford bidders all~~	3567
~~needed information or, alternatively, all of the following plans,~~	3568
~~details, bills of materials, and specifications:~~	3569

~~(i) Full and accurate plans suitable for the use of mechanics~~	3570
~~and other builders in the improvement;~~	3571

~~(ii) Details to scale and full sized, so drawn and~~	3572
~~represented as to be easily understood;~~	3573

~~(iii) Accurate bills showing the exact quantity of different~~	3574
~~kinds of material necessary to the construction;~~	3575

~~(iv) Definite and complete specifications of the work to be~~	3576
~~performed, together with such directions as will enable a~~	3577
~~competent mechanic or other builder to carry them out and afford~~	3578
~~bidders all needed information;~~	3579

~~(v) A full and accurate estimate of each item of expense and~~	3580
~~of the aggregate cost thereof.~~	3581

~~(b) The department shall give public notice, in such~~	3582
~~newspaper, in such form, and with such phraseology as the director~~	3583
~~of administrative services prescribes, published once each week~~	3584
~~for four consecutive weeks, of the time when and place where bids~~	3585
~~will be received for entering into an agreement to lease to a~~	3586
~~state agency a building, structure, or other improvement. The last~~	3587
~~publication shall be at least eight days preceding the day for~~	3588
~~opening the bids. The bids shall contain the terms upon which the~~	3589
~~builder would propose to lease the building, structure, or other~~	3590
~~improvement to the state agency. The form of the bid approved by~~	3591
~~the department shall be used, and a bid is invalid and shall not~~	3592
~~be considered unless that form is used without change, alteration,~~	3593
~~or addition. Before submitting bids pursuant to this section, any~~	3594
~~builder shall comply with Chapter 153. of the Revised Code.~~	3595

~~(c) On the day and at the place named for receiving bids for~~	3596
~~entering into lease agreements with a state agency, the director~~	3597
~~of administrative services shall open the bids and shall publicly~~	3598
~~proceed immediately to tabulate the bids upon duplicate sheets. No~~	3599
~~lease agreement shall be entered into until the bureau of workers'~~	3600
~~compensation has certified that the person to be awarded the lease~~	3601
~~agreement has complied with Chapter 4123. of the Revised Code,~~	3602
~~until, if the builder submitting the lowest and best bid is a~~	3603
~~foreign corporation, the secretary of state has certified that the~~	3604
~~corporation is authorized to do business in this state, until, if~~	3605
~~the builder submitting the lowest and best bid is a person~~	3606
~~nonresident of this state, the person has filed with the secretary~~	3607
~~of state a power of attorney designating the secretary of state as~~	3608
~~its agent for the purpose of accepting service of summons in any~~	3609
~~action brought under Chapter 4123. of the Revised Code, and until~~	3610
~~the agreement is submitted to the attorney general and the~~	3611
~~attorney general's approval is certified thereon. Within thirty~~	3612
~~days after the day on which the bids are received, the department~~	3613
~~shall investigate the bids received and shall determine that the~~	3614
~~bureau and the secretary of state have made the certifications~~	3615
~~required by this section of the builder who has submitted the~~	3616
~~lowest and best bid. Within ten days of the completion of the~~	3617
~~investigation of the bids, the department shall award the lease~~	3618
~~agreement to the builder who has submitted the lowest and best bid~~	3619
~~and who has been certified by the bureau and secretary of state as~~	3620
~~required by this section. If bidding for the lease agreement has~~	3621
~~been conducted upon the basis of basic plans, specifications,~~	3622
~~bills of materials, and estimates of costs, upon the award to the~~	3623
~~builder the department, or the builder with the approval of the~~	3624
~~department, shall appoint an architect or engineer licensed in~~	3625
~~this state to prepare such further detailed plans, specifications,~~	3626
~~and bills of materials as are required to construct the building,~~	3627
~~structure, or improvement. The department shall adopt such rules~~	3628
~~as are necessary to give effect to this section. The department~~	3629
~~may reject any bid. Where there is reason to believe there is~~	3630
~~collusion or combination among bidders, the bids of those~~	3631
~~concerned therein shall be rejected.~~	3632

Any person or entity entering into a lease-purchase or	3633
lease-leaseback agreement shall provide plans satisfactory to the	3634
department that detail the nature and cost, including financing	3635
costs, of the construction, renovation, or other improvement.	3636

(11) To acquire by purchase, gift, devise, or grant and to	3637
transfer, lease, or otherwise dispose of all real property	3638
required to assist in the development of a conversion facility as	3639
defined in section 5709.30 of the Revised Code as that section	3640
existed before its repeal by Amended Substitute House Bill 95 of	3641
the 125th general assembly;	3642

(12) To lease for a period not to exceed forty years,	3643
notwithstanding any other division of this section, the	3644
state-owned property located at 408-450 East Town Street,	3645
Columbus, Ohio, formerly the state school for the deaf, to a	3646
developer in accordance with this section. "Developer," as used in	3647
this section, has the same meaning as in section 123.77 of the	3648
Revised Code.	3649

Such a lease shall be for the purpose of development of the	3650
land for use by senior citizens by constructing, altering,	3651
renovating, repairing, expanding, and improving the site as it	3652
existed on June 25, 1982. A developer desiring to lease the land	3653
shall prepare for submission to the department a plan for	3654
development. Plans shall include provisions for roads, sewers,	3655
water lines, waste disposal, water supply, and similar matters to	3656
meet the requirements of state and local laws. The plans shall	3657
also include provision for protection of the property by insurance	3658
or otherwise, and plans for financing the development, and shall	3659
set forth details of the developer's financial responsibility.	3660

The department may employ, as employees or consultants,	3661
persons needed to assist in reviewing the development plans. Those	3662
persons may include attorneys, financial experts, engineers, and	3663
other necessary experts. The department shall review the	3664
development plans and may enter into a lease if it finds all of	3665
the following:	3666

(a) The best interests of the state will be promoted by	3667
entering into a lease with the developer;	3668

(b) The development plans are satisfactory;

3669

(c) The developer has established the developer's financial	3670
responsibility and satisfactory plans for financing the	3671
development.	3672

The lease shall contain a provision that construction or	3673
renovation of the buildings, roads, structures, and other	3674
necessary facilities shall begin within one year after the date of	3675
the lease and shall proceed according to a schedule agreed to	3676
between the department and the developer or the lease will be	3677
terminated. The lease shall contain such conditions and	3678
stipulations as the director considers necessary to preserve the	3679
best interest of the state. Moneys received by the state pursuant	3680
to this lease shall be paid into the general revenue fund. The	3681
lease shall provide that at the end of the lease period the	3682
buildings, structures, and related improvements shall become the	3683
property of the state without cost.	3684

(13) To manage the use of space owned and controlled by the	3685
department, including space in property under the jurisdiction of	3686
the Ohio building authority, by doing all of the following:	3687

(a) Biennially implementing, by state agency location, a	3688
census of agency employees assigned space;	3689

(b) Periodically in the discretion of the director of	3690
administrative services:	3691

(i) Requiring each state agency to categorize the use of	3692
space allotted to the agency between office space, common areas,	3693
storage space, and other uses, and to report its findings to the	3694
department;	3695

(ii) Creating and updating a master space utilization plan	3696
for all space allotted to state agencies. The plan shall	3697
incorporate space utilization metrics.	3698

(iii) Conducting a cost-benefit analysis to determine the	3699
effectiveness of state-owned buildings;	3700

(iv) Assessing the alternatives associated with consolidating	3701
the commercial leases for buildings located in Columbus.	3702

(c) Commissioning a comprehensive space utilization and	3703
capacity study in order to determine the feasibility of	3704
consolidating existing commercially leased space used by state	3705
agencies into a new state-owned facility.	3706

(14) To adopt rules to ensure that energy efficiency and	3707
conservation is considered in the purchase of products and	3708
equipment, except motor vehicles, by any state agency, department,	3709
division, bureau, office, unit, board, commission, authority,	3710
quasi-governmental entity, or institution. The department may	3711
require minimum energy efficiency standards for purchased products	3712
and equipment based on federal testing and labeling if available	3713
or on standards developed by the department. When possible, the	3714
rules shall apply to the competitive selection of energy consuming	3715
systems, components, and equipment under Chapter 125. of the	3716
Revised Code.	3717

(15) To ensure energy efficient and energy conserving	3718
purchasing practices by doing all of the following:	3719

(a) Identifying available energy efficiency and conservation	3720
opportunities;	3721

(b) Providing for interchange of information among purchasing	3722
agencies;	3723

(c) Identifying laws, policies, rules, and procedures that	3724
should be modified;	3725

(d) Monitoring experience with and the cost-effectiveness of	3726
this state's purchase and use of motor vehicles and of major	3727
energy-consuming systems, components, equipment, and products	3728
having a significant impact on energy consumption by the	3729
government;	3730

(e) Providing technical assistance and training to state	3731
employees involved in the purchasing process;	3732

(f) Working with the development services agency to make	3733
recommendations regarding planning and implementation of	3734
purchasing policies and procedures that are supportive of energy	3735
efficiency and conservation.	3736

(16) To require all state agencies, departments, divisions,	3737
bureaus, offices, units, commissions, boards, authorities,	3738
quasi-governmental entities, institutions, and state institutions	3739
of higher education to implement procedures to ensure that all of	3740
the passenger automobiles they acquire in each fiscal year, except	3741
for those passenger automobiles acquired for use in law	3742
enforcement or emergency rescue work, achieve a fleet average fuel	3743
economy of not less than the fleet average fuel economy for that	3744
fiscal year as the department shall prescribe by rule. The	3745
department shall adopt the rule prior to the beginning of the	3746
fiscal year, in accordance with the average fuel economy standards	3747
established by federal law for passenger automobiles manufactured	3748
during the model year that begins during the fiscal year.	3749

Each state agency, department, division, bureau, office,	3750
unit, commission, board, authority, quasi-governmental entity,	3751
institution, and state institution of higher education shall	3752
determine its fleet average fuel economy by dividing the total	3753
number of passenger vehicles acquired during the fiscal year,	3754
except for those passenger vehicles acquired for use in law	3755
enforcement or emergency rescue work, by a sum of terms, each of	3756
which is a fraction created by dividing the number of passenger	3757
vehicles of a given make, model, and year, except for passenger	3758
vehicles acquired for use in law enforcement or emergency rescue	3759
work, acquired during the fiscal year by the fuel economy measured	3760
by the administrator of the United States environmental protection	3761
agency, for the given make, model, and year of vehicle, that	3762
constitutes an average fuel economy for combined city and highway	3763
driving.	3764

As used in division (A)(16) of this section, "acquired" means	3765
leased for a period of sixty continuous days or more, or	3766
purchased.	3767

(B) This section and section 125.02 of the Revised Code shall	3768
not interfere with any of the following:	3769

(1) The power of the adjutant general to purchase military	3770
supplies, or with the custody of the adjutant general of property	3771
leased, purchased, or constructed by the state and used for	3772
military purposes, or with the functions of the adjutant general	3773
as director of state armories;	3774

(2) The power of the director of transportation in acquiring	3775
rights-of-way for the state highway system, or the leasing of	3776
lands for division or resident district offices, or the leasing of	3777
lands or buildings required in the maintenance operations of the	3778
department of transportation, or the purchase of real property for	3779
garage sites or division or resident district offices, or in	3780
preparing plans and specifications for and constructing such	3781
buildings as the director may require in the administration of the	3782
department;	3783

(3) The power of the director of public safety and the	3784
registrar of motor vehicles to purchase or lease real property and	3785
buildings to be used solely as locations to which a deputy	3786
registrar is assigned pursuant to division (B) of section 4507.011	3787
of the Revised Code and from which the deputy registrar is to	3788
conduct the deputy registrar's business, the power of the director	3789
of public safety to purchase or lease real property and buildings	3790
to be used as locations for division or district offices as	3791
required in the maintenance of operations of the department of	3792
public safety, and the power of the superintendent of the state	3793
highway patrol in the purchase or leasing of real property and	3794
buildings needed by the patrol, to negotiate the sale of real	3795
property owned by the patrol, to rent or lease real property owned	3796
or leased by the patrol, and to make or cause to be made repairs	3797
to all property owned or under the control of the patrol;	3798

(4) The power of the division of liquor control in the	3799
leasing or purchasing of retail outlets and warehouse facilities	3800
for the use of the division;	3801

(5) The power of the director of development services to	3802
enter into leases of real property, buildings, and office space to	3803
be used solely as locations for the state's foreign offices to	3804
carry out the purposes of section 122.05 of the Revised Code;	3805

(6) The power of the director of environmental protection to	3806
enter into environmental covenants, to grant and accept easements,	3807
or to sell property pursuant to division (G) of section 3745.01 of	3808
the Revised Code.	3809

(C) Purchases for, and the custody and repair of, buildings	3810
under the management and control of the capitol square review and	3811
advisory board, the opportunities for Ohioans with disabilities	3812
agency, the bureau of workers' compensation, or the departments of	3813
public safety, job and family services, mental health and	3814
addiction services, developmental disabilities, and rehabilitation	3815
and correction; buildings of educational and benevolent	3816
institutions under the management and control of boards of	3817
trustees; and purchases or leases for, and the custody and repair	3818
of, office space used for the purposes of the joint legislative	3819
ethics committee are not subject to the control and jurisdiction	3820
of the department of administrative services.	3821

If the joint legislative ethics committee so requests, the	3822
committee and the director of administrative services may enter	3823
into a contract under which the department of administrative	3824
services agrees to perform any services requested by the committee	3825
that the department is authorized under this section to perform.	3826

(D) Any instrument by which real property is acquired	3827
pursuant to this section shall identify the agency of the state	3828
that has the use and benefit of the real property as specified in	3829
section 5301.012 of the Revised Code.	3830

Sec. 124.32. (A) A person holding an office or position in	3831
the classified service may be transferred to a similar position in	3832
another office, department, or institution having the same pay and	3833
similar duties, but no transfer shall be made as follows:	3834

(1) From an office or position in one class to an office or	3835
position in another class;	3836

(2) To an office or position for original entrance to which	3837
there is required by sections 124.01 to 124.64 of the Revised	3838
Code, or the rules adopted pursuant to those sections, an	3839
examination involving essential tests or qualifications or	3840
carrying a salary different from or higher than those required for	3841
original entrance to an office or position held by the person	3842
proposed to be transferred.	3843

No person in the classified civil service of the state may be	3844
transferred without the consent of the director of administrative	3845
services.	3846

(B) Any person holding an office or position in the	3847
classified service who has been separated from the service without	3848
delinquency or misconduct on the person's part may be reinstated	3849
within one year from the date of that separation to a vacancy in	3850
the same office or in a similar position in the same department,	3851
except that a person in the classified service of the state only	3852
may be reinstated with the consent of the director of	3853
administrative services. But, if that separation is due to injury	3854
or physical or psychiatric disability, the person shall be	3855
reinstated in the same office held or in a similar position to	3856
that held at the time of separation, within ~~thirty~~sixty days	3857
after written application for reinstatement, if the person passes	3858
a physical or psychiatric examination made by a licensed	3859
physician, a physician assistant, a clinical nurse specialist, a	3860
certified nurse practitioner, or a certified nurse-midwife showing	3861
that the person has recovered from the injury or physical or	3862
psychiatric disability, if the application for reinstatement is	3863
filed within two years from the date of separation, and if the	3864
application is not filed after the date of service eligibility	3865
retirement. The physician, physician assistant, clinical nurse	3866
specialist, certified nurse practitioner, or certified	3867
nurse-midwife shall be designated by the appointing authority and	3868
shall complete any written documentation of the physical or	3869
psychiatric examination.	3870

Sec. 125.13. (A) As used in this section:

3871

(1) "Emergency medical service organization" has the same	3872
meaning as in section 4765.01 of the Revised Code.	3873

(2) "Private fire company" has the same meaning as in section	3874
9.60 of the Revised Code.	3875

(B) Except as otherwise provided in section 5139.03 of the	3876
Revised Code, whenever a state agency determines that it has	3877
excess or surplus supplies, it shall notify the director of	3878
administrative services. Upon request by the director and on forms	3879
provided by the director, the state agency shall furnish to the	3880
director a list of all those excess and surplus supplies and an	3881
appraisal of their value.	3882

(C) The director of administrative services shall take	3883
immediate control of a state agency's excess and surplus supplies,	3884
except for the following excess and surplus supplies:	3885

(1) Excess or surplus supplies that have a value below the	3886
minimum value that the director establishes for excess and surplus	3887
supplies under division (F) of this section;	3888

(2) Excess or surplus supplies that the director has	3889
authorized an agency to donate to a public entity, including, but	3890
not limited to, public schools and surplus computers and computer	3891
equipment transferred to a public school under division (H) of	3892
this section;	3893

(3) Excess or surplus supplies that an agency trades in as	3894
full or partial payment when purchasing a replacement item;	3895

(4) Hazardous property.

3896

(D) The director shall inventory excess and surplus supplies	3897
in the director's control and may have the supplies repaired.	3898

(E) The director may do either of the following:

3899

(1) Dispose of declared surplus or excess supplies in the	3900
director's control by sale, lease, donation, or transfer. If the	3901
director does so, the director shall dispose of those supplies in	3902
the following order of priority:	3903

(a) To state agencies;

3904

(b) To state-supported or state-assisted institutions of	3905
higher education;	3906

(c) To tax-supported agencies, municipal corporations, or	3907
other political subdivisions of this state, private fire	3908
companies, or private, nonprofit emergency medical service	3909
organizations;	3910

(d) To nonpublic elementary and secondary schools chartered	3911
by the state board of education under section 3301.16 of the	3912
Revised Code;	3913

(e) To the general public by auction, sealed bid, sale, or	3914
negotiation.	3915

(2) If the director has attempted to dispose of any declared	3916
surplus or excess motor vehicle that does not exceed four thousand	3917
five hundred dollars in value pursuant to divisions (E)(1)(a) to	3918
(c) of this section, donate the motor vehicle to a nonprofit	3919
organization exempt from federal income taxation pursuant to 26	3920
U.S.C. 501(a) and (c)(3) for the purpose of meeting the	3921
transportation needs of participants in the Ohio works first	3922
program established under Chapter 5107. of the Revised Code and	3923
participants in the prevention, retention, and contingency program	3924
established under Chapter 5108. of the Revised Code. The director	3925
may not donate a motor vehicle furnished to the state highway	3926
patrol to a nonprofit organization pursuant to this division.	3927

(F) The director may adopt rules governing the sale, lease,	3928
or transfer of surplus and excess supplies in the director's	3929
control by public auction, sealed bid, sale, or negotiation,	3930
except that no employee of the disposing agency shall be allowed	3931
to purchase, lease, or receive any such supplies. The director may	3932
dispose of declared surplus or excess supplies, including motor	3933
vehicles, in the director's control as the director determines	3934
proper if such supplies cannot be disposed of pursuant to division	3935
(E) of this section. The director shall by rule establish a	3936
minimum value for excess and surplus supplies and prescribe	3937
procedures for a state agency to follow in disposing of excess and	3938
surplus supplies in its control that have a value below the	3939
minimum value established by the director.	3940

(G) No state-supported or state-assisted institution of	3941
higher education, tax-supported agency, municipal corporation, or	3942
other political subdivision of this state, private fire company,	3943
or private, nonprofit emergency medical service organization shall	3944
sell, lease, or transfer excess or surplus supplies acquired under	3945
this section to private entities or the general public at a price	3946
greater than the price it originally paid for those supplies.	3947

(H) The director of administrative services may authorize any	3948
state agency to transfer surplus computers and computer equipment	3949
that are not needed by other state agencies directly to an	3950
accredited public school within the state. The computers and	3951
computer equipment may be repaired or refurbished prior to	3952
transfer. The state agency may charge a service fee to the public	3953
schools for the property not to exceed the direct cost of	3954
repairing or refurbishing it. The state agency shall deposit such	3955
funds into the account used for repair or refurbishment.	3956

Sec. 125.182. (A) The office of information technology, by	3957
itself or by contract with another entity, shall establish,	3958
operate, and maintain ~~a state~~the official public notice web site.	3959
In establishing, maintaining, and operating the ~~state~~official	3960
public notice web site, the office of information technology or	3961
its contractor shall:	3962

~~(A)~~(1) Use a domain name for the web site that will be easily	3963
recognizable and remembered by and understandable to users of the	3964
web site;	3965

~~(B)~~(2) Maintain the web site on the internet so that it is	3966
fully accessible to and searchable by members of the public at all	3967
times, other than during maintenance or acts of God outside the	3968
office's or its contractor's control;	3969

~~(C)~~(3) Not charge a fee to a person ~~who~~that accesses,the	3970
web site to view notices or to perform searches~~, or otherwise uses~~	3971
of the web site, provided that the office or its contractor may	3972
charge a fee for enhanced search and customized content delivery	3973
features;	3974

~~(D)~~(4) Not charge a fee to a state agency or political	3975
subdivision for publishing a notice on the web site;	3976

~~(E)~~(5) Ensure that notices displayed on the web site conform	3977
to the requirements that would apply to the notices if they were	3978
being published in a newspaper, as directed in section 7.16 of the	3979
Revised Code or in the relevant provision of the statute or rule	3980
that requires the notice;	3981

~~(F)~~(6) Ensure that notices continue to be displayed on the	3982
web site for not less than the length of time required by the	3983
relevant provision of the statute or rule that requires the	3984
notice;	3985

~~(G) Devise and display on the web site a form that may be~~	3986
~~downloaded and used to request publication of a notice on the web~~	3987
~~site;~~	3988

~~(H) Enable responsible parties to submit notices and requests~~	3989
~~for their publication;~~	3990

~~(I)~~(7) Maintain an archive of notices that no longer are	3991
displayed on the web site;	3992

~~(J)~~(8) Enable notices, both those currently displayed and	3993
those archived, to be accessed by key word, by party name, by case	3994
number, by county, and by other useful identifiers;	3995

~~(K)~~(9) Maintain adequate systemic security and backup	3996
features, and develop and maintain a contingency plan for coping	3997
with and recovering from power outages, systemic failures, and	3998
other unforeseeable difficulties;	3999

~~(L) Maintain the web site in such a manner that it will not~~	4000
~~infringe legally protected interests, so that vulnerability of the~~	4001
~~web site to interruption because of litigation or the threat of~~	4002
~~litigation is reduced; and~~	4003

~~(M) Submit a status report to the secretary of state twice~~	4004
~~annually that demonstrates compliance with statutory requirements~~	4005
~~governing publication of notices.~~	4006

~~The office of information technology shall bear the expense~~	4007
~~of maintaining the state public notice web site domain name~~(10)	4008
Provide access to the web site to the publisher of any Ohio	4009
newspaper or daily law journal that qualifies under the Revised	4010
Code to publish notices and advertisements, for the posting of	4011
notices and advertisements at no cost, or for a reasonable,	4012
uniform fee for the service; and	4013

(11) Provide, if requested, a regularly scheduled feed or	4014
similar data transfer to the department of administrative services	4015
of notices and advertisements posted on the web site, provided	4016
that the office of information technology or its contractor shall	4017
not be required to provide the feed or transfer more often than	4018
once every business day.	4019

(B) An error in a notice or advertisement posted on the	4020
official public notice web site, or a temporary web site outage or	4021
service interruption preventing the posting or display of a notice	4022
or advertisement on that web site, does not constitute a defect in	4023
making legal publication of the notice or advertisement, and	4024
publication requirements shall be considered met if the notice or	4025
advertisement published in the newspaper or daily law journal is	4026
correct.	4027

(C) The publisher of a newspaper of general circulation or of	4028
a daily law journal that maintains a web site shall include on its	4029
web site a link to the official public notice web site.	4030

Sec. 126.21. (A) The director of budget and management shall	4031
do all of the following:	4032

(1) Keep all necessary accounting records;

4033

(2) Prescribe and maintain the accounting system of the state	4034
and establish appropriate accounting procedures and charts of	4035
accounts;	4036

(3) Establish procedures for the use of written, electronic,	4037
optical, or other communications media for approving and reviewing	4038
payment vouchers;	4039

(4) Reconcile, in the case of any variation between the	4040
amount of any appropriation and the aggregate amount of items of	4041
the appropriation, with the advice and assistance of the state	4042
agency affected by it and the legislative service commission,	4043
totals so as to correspond in the aggregate with the total	4044
appropriation. In the case of a conflict between the item and the	4045
total of which it is a part, the item shall be considered the	4046
intended appropriation.	4047

(5) Evaluate on an ongoing basis and, if necessary, recommend	4048
improvements to the internal controls used in state agencies;	4049

(6) Authorize the establishment of petty cash accounts. The	4050
director may withdraw approval for any petty cash account and	4051
require the officer in charge to return to the state treasury any	4052
unexpended balance shown by the officer's accounts to be on hand.	4053
Any officer who is issued a warrant for petty cash shall render a	4054
detailed account of the expenditures of the petty cash and shall	4055
report when requested the balance of petty cash on hand at any	4056
time.	4057

(7) Process orders, invoices, vouchers, claims, and payrolls	4058
and prepare financial reports and statements;	4059

(8) Perform extensions, reviews, and compliance checks prior	4060
to or after approving a payment as the director considers	4061
necessary;	4062

(9) Issue the official comprehensive annual financial report	4063
of the state. The report shall cover all funds of the state	4064
reporting entity and shall include basic financial statements and	4065
required supplementary information prepared in accordance with	4066
generally accepted accounting principles and other information as	4067
the director provides. All state agencies, authorities,	4068
institutions, offices, retirement systems, and other component	4069
units of the state reporting entity as determined by the director	4070
shall furnish the director whatever financial statements and other	4071
information the director requests for the report, in the form, at	4072
the times, covering the periods, and with the attestation the	4073
director prescribes. The information for state institutions of	4074
higher education, as defined in section 3345.011 of the Revised	4075
Code, shall be submitted to the chancellor by the Ohio board of	4076
regents. The board shall establish a due date by which each such	4077
institution shall submit the information to the board, but no such	4078
date shall be later than one hundred twenty days after the end of	4079
the state fiscal year unless a later date is approved by the	4080
director.	4081

(B) In addition to the director's duties under division (A)	4082
of this section, the director may establish and administer one or	4083
more ~~state~~ payment card programs that permit ~~or require~~ state	4084
agencies and political subdivisions to use a payment card to	4085
purchase equipment, materials, supplies, or services in accordance	4086
with guidelines issued by the director. The chief administrative	4087
officer of a state agency or political subdivision that uses a	4088
payment card for such purposes shall ensure that purchases made	4089
with the card are made in accordance with the guidelines issued by	4090
the director ~~and do not exceed the unexpended, unencumbered,~~	4091
~~unobligated balance in the appropriation to be charged for the~~	4092
~~purchase~~. State agencies may participate in only those ~~state~~	4093
payment card programs that the director establishes pursuant to	4094
this section.	4095

(C) In addition to the director's duties under divisions (A)	4096
and (B) of this section, the director may enter into any contract	4097
or agreement necessary for and incidental to the performance of	4098
the director's duties or the duties of the office of budget and	4099
management.	4100

(D) In addition to the director's duties under divisions (A),	4101
(B), and (C) of this section, the director may operate a shared	4102
services center within the office of budget and management for the	4103
purpose of consolidating common business functions and	4104
transactional processes. The services offered by the shared	4105
services center may be provided to any state agency or political	4106
subdivision. In consultation with the director of administrative	4107
services, the director may appoint and fix the compensation of	4108
employees of the office ~~of budget and management~~ whose primary	4109
duties include the consolidation of ~~statewide financing~~common	4110
business functions and ~~common~~ transactional processes.	4111

(E) The director may transfer cash between funds other than	4112
the general revenue fund in order to correct an erroneous payment	4113
or deposit regardless of the fiscal year during which the	4114
erroneous payment or deposit occurred.	4115

(F) As used in divisions (B) and (D) of this section:

4116

(1) "Political subdivision" has the same meaning as in	4117
section 2744.01 of the Revised Code.	4118

(2) "State agency" has the same meaning as in section 9.482	4119
of the Revised Code.	4120

Sec. 126.25. The ~~accounting and budgeting~~ services provided	4121
by the director of budget and management under section 126.21 of	4122
the Revised Code shall be supported by ~~user~~ charges. The director	4123
shall determine a rate that is sufficient to defray the expense of	4124
those services and the manner by which those charges shall be	4125
collected. All money collected from ~~user~~the charges shall be	4126
deposited in the state treasury to the credit of the accounting	4127
and budgeting fund, which is hereby created. Rebates or revenue	4128
shares received from any ~~state~~ payment card program established	4129
under division (B) of section 126.21 of the Revised Code and	4130
miscellaneous payments that reimburse expenses paid from the	4131
accounting and budgeting fund may be deposited into the accounting	4132
and budgeting fund and used to support ~~accounting and budgeting~~	4133
the services provided by the director.	4134

Sec. 131.02. (A) Except as otherwise provided in section	4135
4123.37, section 5703.061, and division (K) of section 4123.511 of	4136
the Revised Code, whenever any amount is payable to the state, the	4137
officer, employee, or agent responsible for administering the law	4138
under which the amount is payable shall immediately proceed to	4139
collect the amount or cause the amount to be collected and shall	4140
pay the amount into the state treasury or into the appropriate	4141
custodial fund in the manner set forth pursuant to section 113.08	4142
of the Revised Code. Except as otherwise provided in this	4143
division, if the amount is not paid within forty-five days after	4144
payment is due, the officer, employee, or agent shall certify the	4145
amount due to the attorney general, in the form and manner	4146
prescribed by the attorney general, and notify the director of	4147
budget and management thereof. In the case of an amount payable by	4148
a student enrolled in a state institution of higher education, the	4149
amount shall be certified within the later of forty-five days	4150
after the amount is due or the tenth day after the beginning of	4151
the next academic semester, quarter, or other session following	4152
the session for which the payment is payable. The attorney general	4153
may assess the collection cost to the amount certified in such	4154
manner and amount as prescribed by the attorney general. If an	4155
amount payable to a political subdivision is past due, the	4156
political subdivision may, with the approval of the attorney	4157
general, certify the amount to the attorney general pursuant to	4158
this section.	4159

For the purposes of this section, the attorney general and	4160
the officer, employee, or agent responsible for administering the	4161
law under which the amount is payable shall agree on the time a	4162
payment is due, and that agreed upon time shall be one of the	4163
following times:	4164

(1) If a law, including an administrative rule, of this state	4165
prescribes the time a payment is required to be made or reported,	4166
when the payment is required by that law to be paid or reported.	4167

(2) If the payment is for services rendered, when the	4168
rendering of the services is completed.	4169

(3) If the payment is reimbursement for a loss, when the loss	4170
is incurred.	4171

(4) In the case of a fine or penalty for which a law or	4172
administrative rule does not prescribe a time for payment, when	4173
the fine or penalty is first assessed.	4174

(5) If the payment arises from a legal finding, judgment, or	4175
adjudication order, when the finding, judgment, or order is	4176
rendered or issued.	4177

(6) If the payment arises from an overpayment of money by the	4178
state to another person, when the overpayment is discovered.	4179

(7) The date on which the amount for which an individual is	4180
personally liable under section 5735.35, section 5739.33, or	4181
division (G) of section 5747.07 of the Revised Code is determined.	4182

(8) Upon proof of claim being filed in a bankruptcy case.

4183

(9) For premiums and assessments due under Chapter 4123. of	4184
the Revised Code, thirty days after the date upon which	4185
subscribers to the state insurance fund must report actual	4186
payrolls for the policy year pursuant to section 4123.26 of the	4187
Revised Code for employers described in division (B)(2) of section	4188
4123.01 of the Revised Code or pursuant to section 4123.41 of the	4189
Revised Code for employers described in division (B)(1) of section	4190
4123.01 of the Revised Code.	4191

(10) Any other appropriate time determined by the attorney	4192
general and the officer, employee, or agent responsible for	4193
administering the law under which the amount is payable on the	4194
basis of statutory requirements or ordinary business processes of	4195
the state agency to which the payment is owed.	4196

(B)(1) The attorney general shall give immediate notice by	4197
mail or otherwise to the party indebted of the nature and amount	4198
of the indebtedness.	4199

(2) If the amount payable to this state arises from a tax	4200
levied under Chapter 5733., 5739., 5741., 5747., or 5751. of the	4201
Revised Code, the notice also shall specify all of the following:	4202

(a) The assessment or case number;

4203

(b) The tax pursuant to which the assessment is made;

4204

(c) The reason for the liability, including, if applicable,	4205
that a penalty or interest is due;	4206

(d) An explanation of how and when interest will be added to	4207
the amount assessed;	4208

(e) That the attorney general and tax commissioner, acting	4209
together, have the authority, but are not required, to compromise	4210
the claim and accept payment over a reasonable time, if such	4211
actions are in the best interest of the state.	4212

(C) The attorney general shall collect the claim or secure a	4213
judgment and issue an execution for its collection.	4214

(D) Each claim shall bear interest, from the day on which the	4215
claim became due, at the rate per annum required by section	4216
5703.47 of the Revised Code.	4217

(E) The attorney general and the chief officer of the agency	4218
reporting a claim, acting together, may do any of the following if	4219
such action is in the best interests of the state:	4220

(1) Compromise the claim;

4221

(2) Extend for a reasonable period the time for payment of	4222
the claim by agreeing to accept monthly or other periodic	4223
payments. The agreement may require security for payment of the	4224
claim.	4225

(3) Add fees to recover the cost of processing checks or	4226
other draft instruments returned for insufficient funds and the	4227
cost of providing electronic payment options.	4228

(F)(1) Except as provided in division (F)(2) of this section,	4229
if the attorney general finds, after investigation, that any claim	4230
due and owing to the state is uncollectible, the attorney general,	4231
with the consent of the chief officer of the agency reporting the	4232
claim, may do the following:	4233

(a) Sell, convey, or otherwise transfer the claim to one or	4234
more private entities for collection;	4235

(b) Cancel the claim or cause it to be canceled.

4236

(2) The attorney general shall cancel or cause to be canceled	4237
an unsatisfied claim on the date that is forty years after the	4238
date the claim is certified.	4239

(3) No initial action shall be commenced to collect any tax	4240
payable to the state that is administered by the tax commissioner,	4241
whether or not such tax is subject to division (B) of this	4242
section, or any penalty, interest, or additional charge on such	4243
tax, after the expiration of the period ending on the later of the	4244
dates specified in divisions (F)(3)(a) and (b) of this section,	4245
provided that such period shall be extended by the period of any	4246
stay to such collection or by any other period to which the	4247
parties mutually agree. If the initial action in aid of execution	4248
is commenced before the later of the dates specified in divisions	4249
(F)(3)(a) and (b) of this section, any and all subsequent actions	4250
may be pursued in aid of execution of judgment for as long as the	4251
debt exists.	4252

(a) Seven years after the assessment of the tax, penalty,	4253
interest, or additional charge is issued.	4254

(b) Four years after the assessment of the tax, penalty,	4255
interest, or additional charge becomes final. For the purposes of	4256
division (F)(3)(b) of this section, the assessment becomes final	4257
at the latest of the following: upon expiration of the period to	4258
petition for reassessment, or if applicable, to appeal a final	4259
determination of the commissioner or decision of the board of tax	4260
appeals or a court, or, if applicable, upon decision of the United	4261
States supreme court.	4262

For the purposes of division (F)(3) of this section, an	4263
initial action to collect a tax debt is commenced at the time when	4264
any action, including any action in aid of execution on a	4265
judgment, commences after a certified copy of the tax	4266
commissioner's entry making an assessment final has been filed in	4267
the office of the clerk of court of common pleas in the county in	4268
which the taxpayer resides or has its principal place of business	4269
in this state, or in the office of the clerk of court of common	4270
pleas of Franklin county, as provided in section 5739.13, 5741.14,	4271
5747.13, or 5751.09 of the Revised Code or in any other applicable	4272
law requiring such a filing. If an assessment has not been issued	4273
and there is no time limitation on the issuance of an assessment	4274
under applicable law, an action to collect a tax debt commences	4275
when the action is filed in the courts of this state to collect	4276
the liability.	4277

(4) If information contained in a claim that is sold,	4278
conveyed, or transferred to a private entity pursuant to this	4279
section is confidential pursuant to federal law or a section of	4280
the Revised Code that implements a federal law governing	4281
confidentiality, such information remains subject to that law	4282
during and following the sale, conveyance, or transfer.	4283

Sec. 133.06. (A) A school district shall not incur, without	4284
a vote of the electors, net indebtedness that exceeds an amount	4285
equal to one-tenth of one per cent of its tax valuation, except as	4286
provided in divisions (G) and (H) of this section and in division	4287
(C) of section 3313.372 of the Revised Code, or as prescribed in	4288
section 3318.052 or 3318.44 of the Revised Code, or as provided in	4289
division (J) of this section.	4290

(B) Except as provided in divisions (E), (F), and (I) of this	4291
section, a school district shall not incur net indebtedness that	4292
exceeds an amount equal to nine per cent of its tax valuation.	4293

(C) A school district shall not submit to a vote of the	4294
electors the question of the issuance of securities in an amount	4295
that will make the district's net indebtedness after the issuance	4296
of the securities exceed an amount equal to four per cent of its	4297
tax valuation, unless the superintendent of public instruction,	4298
acting under policies adopted by the state board of education, and	4299
the tax commissioner, acting under written policies of the	4300
commissioner, consent to the submission. A request for the	4301
consents shall be made at least one hundred twenty days prior to	4302
the election at which the question is to be submitted.	4303

The superintendent of public instruction shall certify to the	4304
district the superintendent's and the tax commissioner's decisions	4305
within thirty days after receipt of the request for consents.	4306

If the electors do not approve the issuance of securities at	4307
the election for which the superintendent of public instruction	4308
and tax commissioner consented to the submission of the question,	4309
the school district may submit the same question to the electors	4310
on the date that the next special election may be held under	4311
section 3501.01 of the Revised Code without submitting a new	4312
request for consent. If the school district seeks to submit the	4313
same question at any other subsequent election, the district shall	4314
first submit a new request for consent in accordance with this	4315
division.	4316

(D) In calculating the net indebtedness of a school district,	4317
none of the following shall be considered:	4318

(1) Securities issued to acquire school buses and other	4319
equipment used in transporting pupils or issued pursuant to	4320
division (D) of section 133.10 of the Revised Code;	4321

(2) Securities issued under division (F) of this section,	4322
under section 133.301 of the Revised Code, and, to the extent in	4323
excess of the limitation stated in division (B) of this section,	4324
under division (E) of this section;	4325

(3) Indebtedness resulting from the dissolution of a joint	4326
vocational school district under section 3311.217 of the Revised	4327
Code, evidenced by outstanding securities of that joint vocational	4328
school district;	4329

(4) Loans, evidenced by any securities, received under	4330
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;	4331

(5) Debt incurred under section 3313.374 of the Revised Code;

4332

(6) Debt incurred pursuant to division (B)(5) of section	4333
3313.37 of the Revised Code to acquire computers and related	4334
hardware;	4335

(7) Debt incurred under section 3318.042 of the Revised Code.

4336

(E) A school district may become a special needs district as	4337
to certain securities as provided in division (E) of this section.	4338

(1) A board of education, by resolution, may declare its	4339
school district to be a special needs district by determining both	4340
of the following:	4341

(a) The student population is not being adequately serviced	4342
by the existing permanent improvements of the district.	4343

(b) The district cannot obtain sufficient funds by the	4344
issuance of securities within the limitation of division (B) of	4345
this section to provide additional or improved needed permanent	4346
improvements in time to meet the needs.	4347

(2) The board of education shall certify a copy of that	4348
resolution to the superintendent of public instruction with a	4349
statistical report showing all of the following:	4350

(a) The history of and a projection of the growth of the tax	4351
valuation;	4352

(b) The projected needs;

4353

(c) The estimated cost of permanent improvements proposed to	4354
meet such projected needs.	4355

(3) The superintendent of public instruction shall certify	4356
the district as an approved special needs district if the	4357
superintendent finds both of the following:	4358

(a) The district does not have available sufficient	4359
additional funds from state or federal sources to meet the	4360
projected needs.	4361

(b) The projection of the potential average growth of tax	4362
valuation during the next five years, according to the information	4363
certified to the superintendent and any other information the	4364
superintendent obtains, indicates a likelihood of potential	4365
average growth of tax valuation of the district during the next	4366
five years of an average of not less than one and one-half per	4367
cent per year. The findings and certification of the	4368
superintendent shall be conclusive.	4369

(4) An approved special needs district may incur net	4370
indebtedness by the issuance of securities in accordance with the	4371
provisions of this chapter in an amount that does not exceed an	4372
amount equal to the greater of the following:	4373

(a) Twelve per cent of the sum of its tax valuation plus an	4374
amount that is the product of multiplying that tax valuation by	4375
the percentage by which the tax valuation has increased over the	4376
tax valuation on the first day of the sixtieth month preceding the	4377
month in which its board determines to submit to the electors the	4378
question of issuing the proposed securities;	4379

(b) Twelve per cent of the sum of its tax valuation plus an	4380
amount that is the product of multiplying that tax valuation by	4381
the percentage, determined by the superintendent of public	4382
instruction, by which that tax valuation is projected to increase	4383
during the next ten years.	4384

(F) A school district may issue securities for emergency	4385
purposes, in a principal amount that does not exceed an amount	4386
equal to three per cent of its tax valuation, as provided in this	4387
division.	4388

(1) A board of education, by resolution, may declare an	4389
emergency if it determines both of the following:	4390

(a) School buildings or other necessary school facilities in	4391
the district have been wholly or partially destroyed, or condemned	4392
by a constituted public authority, or that such buildings or	4393
facilities are partially constructed, or so constructed or planned	4394
as to require additions and improvements to them before the	4395
buildings or facilities are usable for their intended purpose, or	4396
that corrections to permanent improvements are necessary to remove	4397
or prevent health or safety hazards.	4398

(b) Existing fiscal and net indebtedness limitations make	4399
adequate replacement, additions, or improvements impossible.	4400

(2) Upon the declaration of an emergency, the board of	4401
education may, by resolution, submit to the electors of the	4402
district pursuant to section 133.18 of the Revised Code the	4403
question of issuing securities for the purpose of paying the cost,	4404
in excess of any insurance or condemnation proceeds received by	4405
the district, of permanent improvements to respond to the	4406
emergency need.	4407

(3) The procedures for the election shall be as provided in	4408
section 133.18 of the Revised Code, except that:	4409

(a) The form of the ballot shall describe the emergency	4410
existing, refer to this division as the authority under which the	4411
emergency is declared, and state that the amount of the proposed	4412
securities exceeds the limitations prescribed by division (B) of	4413
this section;	4414

(b) The resolution required by division (B) of section 133.18	4415
of the Revised Code shall be certified to the county auditor and	4416
the board of elections at least one hundred days prior to the	4417
election;	4418

(c) The county auditor shall advise and, not later than	4419
ninety-five days before the election, confirm that advice by	4420
certification to, the board of education of the information	4421
required by division (C) of section 133.18 of the Revised Code;	4422

(d) The board of education shall then certify its resolution	4423
and the information required by division (D) of section 133.18 of	4424
the Revised Code to the board of elections not less than ninety	4425
days prior to the election.	4426

(4) Notwithstanding division (B) of section 133.21 of the	4427
Revised Code, the first principal payment of securities issued	4428
under this division may be set at any date not later than sixty	4429
months after the earliest possible principal payment otherwise	4430
provided for in that division.	4431

(G)(1) The board of education may contract with an architect,	4432
professional engineer, or other person experienced in the design	4433
and implementation of energy conservation measures for an analysis	4434
and recommendations pertaining to installations, modifications of	4435
installations, or remodeling that would significantly reduce	4436
energy consumption in buildings owned by the district. The report	4437
shall include estimates of all costs of such installations,	4438
modifications, or remodeling, including costs of design,	4439
engineering, installation, maintenance, repairs, measurement and	4440
verification of energy savings, and debt service, forgone residual	4441
value of materials or equipment replaced by the energy	4442
conservation measure, as defined by the Ohio school facilities	4443
commission, a baseline analysis of actual energy consumption data	4444
for the preceding three years with the utility baseline based on	4445
only the actual energy consumption data for the preceding twelve	4446
months, and estimates of the amounts by which energy consumption	4447
and resultant operational and maintenance costs, as defined by the	4448
commission, would be reduced.	4449

If the board finds after receiving the report that the amount	4450
of money the district would spend on such installations,	4451
modifications, or remodeling is not likely to exceed the amount of	4452
money it would save in energy and resultant operational and	4453
maintenance costs over the ensuing fifteen years, the board may	4454
submit to the commission a copy of its findings and a request for	4455
approval to incur indebtedness to finance the making or	4456
modification of installations or the remodeling of buildings for	4457
the purpose of significantly reducing energy consumption.	4458

The school facilities commission, in consultation with the	4459
auditor of state, may deny a request under this division by the	4460
board of education any school district is in a state of fiscal	4461
watch pursuant to division (A) of section 3316.03 of the Revised	4462
Code, if it determines that the expenditure of funds is not in the	4463
best interest of the school district.	4464

No district board of education of a school district that is	4465
in a state of fiscal emergency pursuant to division (B) of section	4466
3316.03 of the Revised Code shall submit a request without	4467
submitting evidence that the installations, modifications, or	4468
remodeling have been approved by the district's financial planning	4469
and supervision commission established under section 3316.05 of	4470
the Revised Code.	4471

No board of education of a school district that, for three or	4472
more consecutive years, has been declared to be in a state of	4473
academic emergency under section 3302.03 of the Revised Code, as	4474
that section existed prior to March 22, 2013, and has failed to	4475
meet adequate yearly progress, or has met any condition set forth	4476
in division (A)~~(2), (3), or (4)~~(1)(b), (c), or (d) of section	4477
3302.10 of the Revised Code shall submit a request without first	4478
receiving approval to incur indebtedness from the district's	4479
academic distress commission, if one has been established for the	4480
district under that section, for so long as such commission	4481
continues ~~to be required~~in operation for the district.	4482

(2) The school facilities commission shall approve the	4483
board's request provided that the following conditions are	4484
satisfied:	4485

(a) The commission determines that the board's findings are	4486
reasonable.	4487

(b) The request for approval is complete.

4488

(c) The installations, modifications, or remodeling are	4489
consistent with any project to construct or acquire classroom	4490
facilities, or to reconstruct or make additions to existing	4491
classroom facilities under sections 3318.01 to 3318.20 or sections	4492
3318.40 to 3318.45 of the Revised Code.	4493

Upon receipt of the commission's approval, the district may	4494
issue securities without a vote of the electors in a principal	4495
amount not to exceed nine-tenths of one per cent of its tax	4496
valuation for the purpose of making such installations,	4497
modifications, or remodeling, but the total net indebtedness of	4498
the district without a vote of the electors incurred under this	4499
and all other sections of the Revised Code, except section	4500
3318.052 of the Revised Code, shall not exceed one per cent of the	4501
district's tax valuation.	4502

(3) So long as any securities issued under this division	4503
remain outstanding, the board of education shall monitor the	4504
energy consumption and resultant operational and maintenance costs	4505
of buildings in which installations or modifications have been	4506
made or remodeling has been done pursuant to this division ~~and~~.	4507
Except as provided in division (G)(4) of this section, the board	4508
shall maintain and annually update a report in a form and manner	4509
prescribed by the school facilities commission documenting the	4510
reductions in energy consumption and resultant operational and	4511
maintenance cost savings attributable to such installations,	4512
modifications, or remodeling. ~~The report shall be certified by an~~	4513
~~architect or engineer independent of any person that provided~~	4514
~~goods or services to the board in connection with the energy~~	4515
~~conservation measures that are the subject of the report.~~ The	4516
resultant operational and maintenance cost savings shall be	4517
certified by the school district treasurer. The report shall be	4518
submitted annually to the commission.	4519

(4) If the school facilities commission verifies that the	4520
certified annual reports submitted to the commission by a board of	4521
education under division (G)(3) of this section fulfill the	4522
guarantee required under division (B) of section 3313.372 of the	4523
Revised Code for three consecutive years, the board of education	4524
shall no longer be subject to the annual reporting requirements of	4525
division (G)(3) of this section.	4526

(H) With the consent of the superintendent of public	4527
instruction, a school district may incur without a vote of the	4528
electors net indebtedness that exceeds the amounts stated in	4529
divisions (A) and (G) of this section for the purpose of paying	4530
costs of permanent improvements, if and to the extent that both of	4531
the following conditions are satisfied:	4532

(1) The fiscal officer of the school district estimates that	4533
receipts of the school district from payments made under or	4534
pursuant to agreements entered into pursuant to section 725.02,	4535
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	4536
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	4537
Code, or distributions under division (C) of section 5709.43 of	4538
the Revised Code, or any combination thereof, are, after	4539
accounting for any appropriate coverage requirements, sufficient	4540
in time and amount, and are committed by the proceedings, to pay	4541
the debt charges on the securities issued to evidence that	4542
indebtedness and payable from those receipts, and the taxing	4543
authority of the district confirms the fiscal officer's estimate,	4544
which confirmation is approved by the superintendent of public	4545
instruction;	4546

(2) The fiscal officer of the school district certifies, and	4547
the taxing authority of the district confirms, that the district,	4548
at the time of the certification and confirmation, reasonably	4549
expects to have sufficient revenue available for the purpose of	4550
operating such permanent improvements for their intended purpose	4551
upon acquisition or completion thereof, and the superintendent of	4552
public instruction approves the taxing authority's confirmation.	4553

The maximum maturity of securities issued under division (H)	4554
of this section shall be the lesser of twenty years or the maximum	4555
maturity calculated under section 133.20 of the Revised Code.	4556

(I) A school district may incur net indebtedness by the	4557
issuance of securities in accordance with the provisions of this	4558
chapter in excess of the limit specified in division (B) or (C) of	4559
this section when necessary to raise the school district portion	4560
of the basic project cost and any additional funds necessary to	4561
participate in a project under Chapter 3318. of the Revised Code,	4562
including the cost of items designated by the ~~Ohio~~ school	4563
facilities commission as required locally funded initiatives, the	4564
cost of other locally funded initiatives in an amount that does	4565
not exceed fifty per cent of the district's portion of the basic	4566
project cost, and the cost for site acquisition. The ~~school~~	4567
~~facilities~~ commission shall notify the superintendent of public	4568
instruction whenever a school district will exceed either limit	4569
pursuant to this division.	4570

(J) A school district whose portion of the basic project cost	4571
of its classroom facilities project under sections 3318.01 to	4572
3318.20 of the Revised Code is greater than or equal to one	4573
hundred million dollars may incur without a vote of the electors	4574
net indebtedness in an amount up to two per cent of its tax	4575
valuation through the issuance of general obligation securities in	4576
order to generate all or part of the amount of its portion of the	4577
basic project cost if the controlling board has approved the	4578
school facilities commission's conditional approval of the project	4579
under section 3318.04 of the Revised Code. The school district	4580
board and the Ohio school facilities commission shall include the	4581
dedication of the proceeds of such securities in the agreement	4582
entered into under section 3318.08 of the Revised Code. No state	4583
moneys shall be released for a project to which this section	4584
applies until the proceeds of any bonds issued under this section	4585
that are dedicated for the payment of the school district portion	4586
of the project are first deposited into the school district's	4587
project construction fund.	4588

Sec. 149.311. (A) As used in this section:

4589

(1) "Historic building" means a building, including its	4590
structural components, that is located in this state and that is	4591
either individually listed on the national register of historic	4592
places under 16 U.S.C. 470a, located in a registered historic	4593
district, and certified by the state historic preservation officer	4594
as being of historic significance to the district, or is	4595
individually listed as an historic landmark designated by a local	4596
government certified under 16 U.S.C. 470a(c).	4597

(2) "Qualified rehabilitation expenditures" means	4598
expenditures paid or incurred during the rehabilitation period,	4599
and before and after that period as determined under 26 U.S.C. 47,	4600
by an owner or qualified lessee of an historic building to	4601
rehabilitate the building. "Qualified rehabilitation expenditures"	4602
includes architectural or engineering fees paid or incurred in	4603
connection with the rehabilitation, and expenses incurred in the	4604
preparation of nomination forms for listing on the national	4605
register of historic places. "Qualified rehabilitation	4606
expenditures" does not include any of the following:	4607

(a) The cost of acquiring, expanding, or enlarging an	4608
historic building;	4609

(b) Expenditures attributable to work done to facilities	4610
related to the building, such as parking lots, sidewalks, and	4611
landscaping;	4612

4613

(3) "Owner" of an historic building means a person holding	4614
the fee simple interest in the building. "Owner" does not include	4615
the state or a state agency, or any political subdivision as	4616
defined in section 9.23 of the Revised Code.	4617

(4) "Qualified lessee" means a person subject to a lease	4618
agreement for an historic building and eligible for the federal	4619
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee"	4620
does not include the state or a state agency or political	4621
subdivision as defined in section 9.23 of the Revised Code.	4622

(5) "Certificate owner" means the owner or qualified lessee	4623
of an historic building to which a rehabilitation tax credit	4624
certificate was issued under this section.	4625

(6) "Registered historic district" means an historic district	4626
listed in the national register of historic places under 16 U.S.C.	4627
470a, an historic district designated by a local government	4628
certified under 16 U.S.C. 470a(c), or a local historic district	4629
certified under 36 C.F.R. 67.8 and 67.9.	4630

(7) "Rehabilitation" means the process of repairing or	4631
altering an historic building or buildings, making possible an	4632
efficient use while preserving those portions and features of the	4633
building and its site and environment that are significant to its	4634
historic, architectural, and cultural values.	4635

(8) "Rehabilitation period" means one of the following:

4636

(a) If the rehabilitation initially was not planned to be	4637
completed in stages, a period chosen by the owner or qualified	4638
lessee not to exceed twenty-four months during which	4639
rehabilitation occurs;	4640

(b) If the rehabilitation initially was planned to be	4641
completed in stages, a period chosen by the owner or qualified	4642
lessee not to exceed sixty months during which rehabilitation	4643
occurs. Each stage shall be reviewed as a phase of a	4644
rehabilitation as determined under 26 C.F.R. 1.48-12 or a	4645
successor to that section.	4646

(9) "State historic preservation officer" or "officer" means	4647
the state historic preservation officer appointed by the governor	4648
under 16 U.S.C. 470a.	4649

(B) The owner or qualified lessee of an historic building may	4650
apply to the director of development services for a rehabilitation	4651
tax credit certificate for qualified rehabilitation expenditures	4652
paid or incurred by such owner or qualified lessee after April 4,	4653
2007, for rehabilitation of an historic building. If the owner of	4654
an historic building enters a pass-through agreement with a	4655
qualified lessee for the purposes of the federal rehabilitation	4656
tax credit under 26 U.S.C. 47, the qualified rehabilitation	4657
expenditures paid or incurred by the owner after April 4, 2007,	4658
may be attributed to the qualified lessee.	4659

The form and manner of filing such applications shall be	4660
prescribed by rule of the director. Each application shall state	4661
the amount of qualified rehabilitation expenditures the applicant	4662
estimates will be paid or incurred. The director may require	4663
applicants to furnish documentation of such estimates.	4664

The director, after consultation with the tax commissioner	4665
and in accordance with Chapter 119. of the Revised Code, shall	4666
adopt rules that establish all of the following:	4667

(1) Forms and procedures by which applicants may apply for	4668
rehabilitation tax credit certificates;	4669

(2) Criteria for reviewing, evaluating, and approving	4670
applications for certificates within the limitations under	4671
division (D) of this section, criteria for assuring that the	4672
certificates issued encompass a mixture of high and low qualified	4673
rehabilitation expenditures, and criteria for issuing certificates	4674
under division (C)(3)(b) of this section;	4675

(3) Eligibility requirements for obtaining a certificate	4676
under this section;	4677

(4) The form of rehabilitation tax credit certificates;

4678

(5) Reporting requirements and monitoring procedures;

4679

(6) Procedures and criteria for conducting cost-benefit	4680
analyses of historic buildings that are the subjects of	4681
applications filed under this section. The purpose of a	4682
cost-benefit analysis shall be to determine whether rehabilitation	4683
of the historic building will result in a net revenue gain in	4684
state and local taxes once the building is used.	4685

(7) Any other rules necessary to implement and administer	4686
this section.	4687

(C) The director of development services shall review the	4688
applications with the assistance of the state historic	4689
preservation officer and determine whether all of the following	4690
criteria are met:	4691

(1) That the building that is the subject of the application	4692
is an historic building and the applicant is the owner or	4693
qualified lessee of the building;	4694

(2) That the rehabilitation will satisfy standards prescribed	4695
by the United States secretary of the interior under 16 U.S.C.	4696
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	4697
that section;	4698

(3) That receiving a rehabilitation tax credit certificate	4699
under this section is a major factor in:	4700

(a) The applicant's decision to rehabilitate the historic	4701
building; or	4702

(b) To increase the level of investment in such	4703
rehabilitation.	4704

An applicant shall demonstrate to the satisfaction of the	4705
state historic preservation officer and director of development	4706
services that the rehabilitation will satisfy the standards	4707
described in division (C)(2) of this section before the applicant	4708
begins the physical rehabilitation of the historic building.	4709

(D)(1) If the director of development services determines	4710
that an application meets the criteria in divisions (C)(1), (2),	4711
and (3) of this section, the director shall conduct a cost-benefit	4712
analysis for the historic building that is the subject of the	4713
application to determine whether rehabilitation of the historic	4714
building will result in a net revenue gain in state and local	4715
taxes once the building is used. The director shall consider the	4716
results of the cost-benefit analysis in determining whether to	4717
approve the application. The director shall also consider the	4718
potential economic impact and the regional distributive balance of	4719
the credits throughout the state. The director may approve an	4720
application only after completion of the cost-benefit analysis.	4721

(2) A rehabilitation tax credit certificate shall not be	4722
issued for an amount greater than the estimated amount furnished	4723
by the applicant on the application for such certificate and	4724
approved by the director. The director shall not approve more than	4725
a total of sixty million dollars of rehabilitation tax credits per	4726
fiscal year but the director may reallocate unused tax credits	4727
from a prior fiscal year for new applicants and such reallocated	4728
credits shall not apply toward the dollar limit of this division.	4729

(3) For rehabilitations with a rehabilitation period not	4730
exceeding twenty-four months as provided in division (A)~~(7)~~(8)(a)	4731
of this section, a rehabilitation tax credit certificate shall not	4732
be issued before the rehabilitation of the historic building is	4733
completed.	4734

(4) For rehabilitations with a rehabilitation period not	4735
exceeding sixty months as provided in division (A)~~(7)~~(8)(b) of	4736
this section, a rehabilitation tax credit certificate shall not be	4737
issued before a stage of rehabilitation is completed. After all	4738
stages of rehabilitation are completed, if the director cannot	4739
determine that the criteria in division (C) of this section are	4740
satisfied for all stages of rehabilitations, the director shall	4741
certify this finding to the tax commissioner, and any	4742
rehabilitation tax credits received by the applicant shall be	4743
repaid by the applicant and may be collected by assessment as	4744
unpaid tax by the commissioner.	4745

(5) The director of development services shall require the	4746
applicant to provide a third-party cost certification by a	4747
certified public accountant of the actual costs attributed to the	4748
rehabilitation of the historic building when qualified	4749
rehabilitation expenditures exceed two hundred thousand dollars.	4750

If an applicant whose application is approved for receipt of	4751
a rehabilitation tax credit certificate fails to provide to the	4752
director sufficient evidence of reviewable progress, including a	4753
viable financial plan, copies of final construction drawings, and	4754
evidence that the applicant has obtained all historic approvals	4755
within twelve months after the date the applicant received	4756
notification of approval, and if the applicant fails to provide	4757
evidence to the director that the applicant has secured and closed	4758
on financing for the rehabilitation within eighteen months after	4759
receiving notification of approval, the director may rescind the	4760
approval of the application. The director shall notify the	4761
applicant if the approval has been rescinded. Credits that would	4762
have been available to an applicant whose approval was rescinded	4763
shall be available for other qualified applicants. Nothing in this	4764
division prohibits an applicant whose approval has been rescinded	4765
from submitting a new application for a rehabilitation tax credit	4766
certificate.	4767

(E) Issuance of a certificate represents a finding by the	4768
director of development services of the matters described in	4769
divisions (C)(1), (2), and (3) of this section only; issuance of a	4770
certificate does not represent a verification or certification by	4771
the director of the amount of qualified rehabilitation	4772
expenditures for which a tax credit may be claimed under section	4773
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the	4774
Revised Code. The amount of qualified rehabilitation expenditures	4775
for which a tax credit may be claimed is subject to inspection and	4776
examination by the tax commissioner or employees of the	4777
commissioner under section 5703.19 of the Revised Code and any	4778
other applicable law. Upon the issuance of a certificate, the	4779
director shall certify to the tax commissioner, in the form and	4780
manner requested by the tax commissioner, the name of the	4781
applicant, the amount of qualified rehabilitation expenditures	4782
shown on the certificate, and any other information required by	4783
the rules adopted under this section.	4784

(F)(1) On or before the first day of ~~April~~August each year,	4785
the director of development services and tax commissioner jointly	4786
shall submit to the president of the senate and the speaker of the	4787
house of representatives a report on the tax credit program	4788
established under this section and sections 5725.151, 5725.34,	4789
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The	4790
report shall present an overview of the program and shall include	4791
information on the number of rehabilitation tax credit	4792
certificates issued under this section during the preceding fiscal	4793
year, an update on the status of each historic building for which	4794
an application was approved under this section, the dollar amount	4795
of the tax credits granted under sections 5725.151, 5725.34,	4796
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and	4797
any other information the director and commissioner consider	4798
relevant to the topics addressed in the report.	4799

(2) On or before December 1, 2015, the director of	4800
development services and tax commissioner jointly shall submit to	4801
the president of the senate and the speaker of the house of	4802
representatives a comprehensive report that includes the	4803
information required by division (F)(1) of this section and a	4804
detailed analysis of the effectiveness of issuing tax credits for	4805
rehabilitating historic buildings. The report shall be prepared	4806
with the assistance of an economic research organization jointly	4807
chosen by the director and commissioner.	4808

(G) There is hereby created in the state treasury the	4809
historic rehabilitation tax credit operating fund. The director of	4810
development services is authorized to charge reasonable	4811
application and other fees in connection with the administration	4812
of tax credits authorized by this section and sections 5725.151,	4813
5725.34, 5726.52, 5729.17, ~~5733.44~~5733.47, and 5747.76 of the	4814
Revised Code. Any such fees collected shall be credited to the	4815
fund and used to pay reasonable costs incurred by the department	4816
of development services in administering this section and sections	4817
5725.151, 5725.34, 5726.52, 5729.17, ~~5733.44~~5733.47, and 5747.76	4818
of the Revised Code.	4819

The Ohio historic preservation office is authorized to charge	4820
reasonable fees in connection with its review and approval of	4821
applications under this section. Any such fees collected shall be	4822
credited to the fund and used to pay administrative costs incurred	4823
by the Ohio historic preservation office pursuant to this section.	4824

Sec. 149.38. (A) Except as otherwise provided in section	4825
307.847 of the Revised Code, there is hereby created in each	4826
county a county records commission, composed of a member of the	4827
board of county commissioners as chairperson, the prosecuting	4828
attorney, the auditor, the recorder, and the clerk of the court of	4829
common pleas. The commission shall appoint a secretary, who may or	4830
may not be a member of the commission and who shall serve at the	4831
pleasure of the commission. The commission may employ an archivist	4832
or records manager to serve under its direction. The commission	4833
shall meet at least once every six months and upon the call of the	4834
chairperson.	4835

(B)(1) The functions of the county records commission shall	4836
be to provide rules for retention and disposal of records of the	4837
county, and to review applications for one-time disposal of	4838
obsolete records and schedules of records retention and	4839
disposition submitted by county offices. The commission may	4840
dispose of records pursuant to the procedure outlined in this	4841
section. The commission, at any time, may review any schedule it	4842
has previously approved and, for good cause shown, may revise that	4843
schedule, subject to division (D) of this section.	4844

(2)(a) As used in division (B)(2) of this section, "paper	4845
case records" means written reports of child abuse or neglect,	4846
written records of investigations, or other written records	4847
required to be prepared under section 2151.421, 5101.13, 5153.166,	4848
or 5153.17 of the Revised Code.	4849

(b) A county public children services agency may submit to	4850
the county records commission applications for one-time disposal,	4851
or schedules of records retention and disposition, of paper case	4852
records that have been entered into permanently maintained and	4853
retrievable fields in the state automated child welfare	4854
information system established under section 5101.13 of the	4855
Revised Code or entered into other permanently maintained and	4856
retrievable electronic files. The county records commission may	4857
dispose of the paper case records pursuant to the procedure	4858
outlined in this section.	4859

(C)(1) When the county records commission has approved any	4860
county application for one-time disposal of obsolete records or	4861
any schedule of records retention and disposition, the commission	4862
shall send that application or schedule to the Ohio historical	4863
society for its review. The Ohio historical society shall review	4864
the application or schedule within a period of not more than sixty	4865
days after its receipt of it. During the sixty-day review period,	4866
the Ohio historical society may select for its custody from the	4867
application for one-time disposal of obsolete records any records	4868
it considers to be of continuing historical value, and shall	4869
denote upon any schedule of records retention and disposition any	4870
records for which the Ohio historical society will require a	4871
certificate of records disposal prior to their disposal.	4872

(2) Upon completion of its review, the Ohio historical	4873
society shall forward the application for one-time disposal of	4874
obsolete records or the schedule of records retention and	4875
disposition to the auditor of state for the auditor's approval or	4876
disapproval. The auditor of state shall approve or disapprove the	4877
application or schedule within a period of not more than sixty	4878
days after receipt of it.	4879

(3) Before public records are to be disposed of pursuant to	4880
an approved schedule of records retention and disposition, the	4881
county records commission shall inform the Ohio historical society	4882
of the disposal through the submission of a certificate of records	4883
disposal for only the records required by the schedule to be	4884
disposed of and shall give the society the opportunity for a	4885
period of fifteen business days to select for its custody those	4886
records, from the certificate submitted, that it considers to be	4887
of continuing historical value. Upon the expiration of the	4888
fifteen-business-day period, the county records commission also	4889
shall notify the public libraries, county historical society,	4890
state universities, and other public or quasi-public institutions,	4891
agencies, or corporations in the county that have provided the	4892
commission with their name and address for these notification	4893
purposes, that the commission has informed the Ohio historical	4894
society of the records disposal and that the notified entities,	4895
upon written agreement with the Ohio historical society pursuant	4896
to section 149.31 of the Revised Code, may select records of	4897
continuing historical value, including records that may be	4898
distributed to any of the notified entities under section 149.31	4899
of the Revised Code. Any notified entity that notifies the county	4900
records commission of its intent to review and select records of	4901
continuing historical value from certificates of records disposal	4902
is responsible for the cost of any notice given and for the	4903
transportation of those records.	4904

(D) The rules of the county records commission shall include	4905
a rule that requires any receipts, checks, vouchers, or other	4906
similar records pertaining to expenditures from the delinquent tax	4907
and assessment collection fund created in section 321.261 of the	4908
Revised Code, from the real estate assessment fund created in	4909
section 325.31 of the Revised Code, or from amounts allocated for	4910
the furtherance of justice to the county sheriff under section	4911
325.071 of the Revised Code or to the prosecuting attorney under	4912
section 325.12 of the Revised Code to be retained for at least	4913
four years.	4914

(E) No person shall knowingly violate the rule adopted under	4915
division (D) of this section. Whoever violates that rule is guilty	4916
of a misdemeanor of the first degree.	4917

Sec. 150.10. (A) On the first day of January of the second	4918
year after the date of entering into an agreement under section	4919
150.05 of the Revised Code and on the first day of August of each	4920
ensuing year, the authority shall file with the clerk of the house	4921
of representatives, the clerk of the senate, and the chairpersons	4922
of the house and senate standing committees predominantly	4923
concerned with economic development a written report on the Ohio	4924
venture capital program. The report shall include all the	4925
following:	4926

(1) A description of the details of the investment policy	4927
established or modified in accordance with sections 150.03 and	4928
150.04 of the Revised Code;	4929

(2) The authority's assessment of the program's achievement	4930
of its purpose stated in section 150.01 of the Revised Code;	4931

(3) The value of tax credit certificates issued by the	4932
authority under section 150.07 of the Revised Code in each fiscal	4933
year ending on or before the preceding thirtieth day of June;	4934

(4) The amount of tax credits claimed pursuant to section	4935
5707.031, 5725.19, 5726.53, 5727.241, 5729.08, 5733.49, or 5747.80	4936
of the Revised Code, as to the respective taxes involved;	4937

(5) The financial status of the Ohio venture capital fund;

4938

(6) The names of venture capital funds in which money from	4939
the program fund has been invested and the locations of their	4940
principal offices, and the names of the enterprises in which each	4941
of those venture capital funds has invested such money and the	4942
locations of those enterprises' principal offices;	4943

(7) Any recommendations for modifying the program to better	4944
achieve the purpose stated in section 150.01 of the Revised Code.	4945

(B) During each year that a report is issued under division	4946
(A) of this section, the chairperson of the authority, or another	4947
member of the authority designated by the chairperson as the	4948
authority's representative, shall be required to appear in person	4949
before the standing committees of the house and senate	4950
predominantly concerned with economic development to give	4951
testimony concerning the status of the Ohio venture capital	4952
program.	4953

Sec. 153.56. (A) Any person to whom any money is due for	4954
labor or work performed or materials furnished in a public	4955
improvement as provided in section 153.54 of the Revised Code, at	4956
any time after performing the labor or work or furnishing the	4957
materials, but not later than ninety days after the completion of	4958
the contract by the principal contractor or design-build firm and	4959
the acceptance of the public improvement for which the bond was	4960
provided by the duly authorized board or officer, shall furnish	4961
the sureties on the bond, a statement of the amount due to the	4962
person.	4963

(B) A suit shall not be brought against sureties on the bond	4964
until after sixty days after the furnishing of the statement	4965
described in division (A) of this section. If the indebtedness is	4966
not paid in full at the expiration of that sixty days, and if the	4967
person complies with division (C) of this section, the person may	4968
bring an action in the person's own name upon the bond, as	4969
provided in sections 2307.06 and 2307.07 of the Revised Code, that	4970
action to be commenced, notwithstanding section 2305.12 of the	4971
Revised Code, not later than one year from the date of acceptance	4972
of the public improvement for which the bond was provided.	4973

(C) To exercise rights under this section, a subcontractor or	4974
materials supplier supplying labor or materials that cost more	4975
than thirty thousand dollars, who is not in direct privity of	4976
contract with the principal contractor or design-build firm for	4977
the public improvement, shall serve a notice of furnishing upon	4978
the principal contractor or design-build firm in the form provided	4979
in section 1311.261 of the Revised Code.	4980

(D) A subcontractor or materials supplier who serves a notice	4981
of furnishing under division (C) of this section as required to	4982
exercise rights under this section has the right of recovery only	4983
as to amounts owed for labor and work performed and materials	4984
furnished during and after the twenty-one days immediately	4985
preceding service of the notice of furnishing.	4986

(E) For purposes of this section:

4987

(1) "Design-build firm" has the same meaning as in section	4988
153.65 of the Revised Code.	4989

(2) "Principal contractor" has the same meaning as in section	4990
1311.25 of the Revised Code, and may include a ~~"construction~~	4991
~~manager" and a~~ "construction manager at risk" as defined in	4992
section 9.33 of the Revised Code.	4993

Sec. 164.26. (A) The director of the Ohio public works	4994
commission shall establish policies related to the need for	4995
long-term ownership, or long-term control through a lease or the	4996
purchase of an easement, of real property that is the subject of	4997
an application for a grant under sections 164.20 to 164.27 of the	4998
Revised Code and establish requirements for documentation to be	4999
submitted by grant applicants that is necessary for the proper	5000
administration of this division. The policies shall provide for	5001
proper ~~penalties, including~~liquidated damages and grant	5002
repayment, for entities that fail to comply with the long-term	5003
ownership or control requirements established under this division.	5004

The director also shall adopt policies delineating what	5005
constitutes administrative costs for purposes of division (F) of	5006
section 164.27 of the Revised Code.	5007

(B) The Ohio public works commission shall administer	5008
sections 164.20 to 164.27 of the Revised Code and shall exercise	5009
any authority and use any procedures granted or established under	5010
sections 164.02 and 164.05 of the Revised Code that are necessary	5011
for that purpose.	5012

Sec. 164.261. All of the following apply to any repayment of	5013
a grant awarded under sections 164.20 to 164.27 of the Revised	5014
Code:	5015

(A) The Ohio public works commission shall deposit the grant	5016
repayment into the clean Ohio conservation fund created in section	5017
164.27 of the Revised Code.	5018

(B) The commission shall return the grant repayment to the	5019
natural resource assistance council that approved the grant	5020
application.	5021

(C) The grant repayment shall be used for the same purpose as	5022
the grant was originally approved for, as provided in section	5023
164.22 of the Revised Code.	5024

Sec. 166.13. (A) Prior to entering into each agreement to	5025
provide innovation financial assistance under sections 166.12,	5026
166.15, and 166.16 of the Revised Code, the director of	5027
development services shall determine whether the assistance will	5028
conform to the requirements of sections 166.12 to 166.16 of the	5029
Revised Code. Such determination, and the facts upon which it is	5030
based, shall be set forth by the director in submissions made to	5031
the controlling board when the director seeks a release of moneys	5032
under section 166.12 of the Revised Code. An agreement to provide	5033
assistance under sections 166.12, 166.15, and 166.16 of the	5034
Revised Code shall set forth the determination, which shall be	5035
conclusive for purposes of the validity and enforceability of the	5036
agreement and any innovation loan guarantees, innovation loans, or	5037
other agreements entered into pursuant to the agreement to provide	5038
innovation financial assistance.	5039

(B) Whenever a person applies for innovation financial	5040
assistance under sections 166.12, 166.15, and 166.16 of the	5041
Revised Code and the eligible innovation project for which	5042
innovation financial assistance is requested is to relocate an	5043
eligible innovation project that is currently being operated by	5044
the person and that is located in another county, municipal	5045
corporation, or township, the ~~director~~person shall provide	5046
written notification to the appropriate local governmental bodies	5047
and state officials. The ~~notification shall contain the following~~	5048
~~information:~~	5049

~~(1) The name of the person applying for innovation financial~~	5050
~~assistance;~~	5051

~~(2) The county, and the municipal corporation or township, in~~	5052
~~which the eligible innovation project for which innovation~~	5053
~~financial assistance is requested is located; and~~	5054

~~(3) The county, and the municipal corporation or township, in~~	5055
~~which the eligible innovation project to be replaced is located~~	5056
director may not enter into an agreement to provide innovation	5057
financial assistance until the director determines that the	5058
appropriate local government bodies and state officials have been	5059
notified.	5060

5061

(1) "Appropriate local governmental bodies" means:

5062

(a) The boards of county commissioners or legislative	5063
authorities of the county in which the project for which	5064
innovation financial assistance is requested is located and of the	5065
county in which the eligible innovation project to be replaced is	5066
located;	5067

(b) The legislative authority of the municipal corporation or	5068
the board of township trustees of the township in which the	5069
eligible innovation project for which innovation financial	5070
assistance is requested is located; and	5071

(c) The legislative authority of the municipal corporation or	5072
the board of township trustees of the township in which the	5073
eligible innovation project to be replaced is located.	5074

(2) "State officials" means:

5075

(a) The state representative and state senator in whose	5076
districts the project for which innovation financial assistance is	5077
requested is located;	5078

(b) The state representative and state senator in whose	5079
districts the innovation project to be replaced is located.	5080

Sec. 166.18. (A) Prior to entering into each agreement to	5081
provide research and development financial assistance, the	5082
director of development services shall determine whether the	5083
assistance will conform to the requirements of sections 166.17 to	5084
166.21, 5733.352, and 5747.331 of the Revised Code. Such	5085
determination, and the facts upon which it is based, shall be set	5086
forth by the director in submissions made to the controlling board	5087
when the director seeks a release of moneys under section 166.17	5088
of the Revised Code. An agreement to provide research and	5089
development financial assistance under section 166.17 or 166.21 of	5090
the Revised Code shall set forth the determination, which shall be	5091
conclusive for purposes of the validity and enforceability of the	5092
agreement, and any loans or other agreements entered into pursuant	5093
to the agreement, to provide research and development financial	5094
assistance.	5095

(B) Whenever a person applies for research and development	5096
financial assistance, and the eligible research and development	5097
project for which that assistance is requested is to relocate an	5098
eligible research and development project that is currently being	5099
operated by the person and that is located in another county,	5100
municipal corporation, or township within the state, the ~~director~~	5101
person shall provide written notification to the appropriate local	5102
governmental bodies and state officials. The ~~notification shall~~	5103
~~state all of the following:~~	5104

~~(1) The name of the person applying for research and~~	5105
~~development financial assistance;~~	5106

~~(2) The county, and the municipal corporation or township, in~~	5107
~~which the project for which research and development financial~~	5108
~~assistance is requested will be located;~~	5109

~~(3) The county, and the municipal corporation or township, in~~	5110
~~which the eligible research and development project is located at~~	5111
~~the time such financial assistance is requested~~director may not	5112
enter into an agreement to provide research and development	5113
financial assistance until the director determines that the	5114
appropriate local government bodies and state officials have been	5115
notified.	5116

5117

(1) "Appropriate local governmental bodies" means all of the	5118
following:	5119

(a) The board of county commissioners of or legislative	5120
authorities of special districts in the county in which the	5121
eligible research and development project for which research and	5122
development financial assistance is requested is located and of	5123
the county in which the project will be located;	5124

(b) The legislative authority of the municipal corporation or	5125
the board of township trustees of the township in which the	5126
eligible research and development project for which research and	5127
development financial assistance is requested is located and of	5128
the municipal corporation or township in which the project will be	5129
located.	5130

(2) "State officials" means both of the following:

5131

(a) The state representative and state senator in whose	5132
district the eligible research and development project for which	5133
research and development financial assistance is requested is	5134
located;	5135

(b) The state representative and state senator in whose	5136
district the eligible research and development project will be	5137
located.	5138

Sec. 166.21. (A) The director of development services, with	5139
the approval of the controlling board and subject to other	5140
applicable provisions of this chapter, may lend moneys in the	5141
research and development loan fund to persons for the purpose of	5142
paying allowable costs of eligible research and development	5143
projects, if the director determines that all of the following	5144
conditions are met:	5145

(1) The project is an eligible research and development	5146
project and is economically sound;	5147

(2) The amount to be lent from the research and development	5148
loan fund will not exceed seventy-five per cent of the total costs	5149
of the eligible research and development project;	5150

(3) The repayment of the loan from the research and	5151
development loan fund will be secured by a mortgage, assignment,	5152
pledge, lien provided for under section 9.661 of the Revised Code,	5153
or other interest in property or other assets of the borrower, at	5154
such level of priority and value as the director considers	5155
necessary, provided that, in making such a determination, the	5156
director shall take into account the value of any rights granted	5157
by the borrower to the director to control the use of any assets	5158
of the borrower under the circumstances described in the loan	5159
documents.	5160

(B) The determinations of the director under division (A) of	5161
this section shall be conclusive for purposes of the validity of a	5162
loan commitment evidenced by a loan agreement signed by the	5163
director.	5164

(C) Fees, charges, rates of interest, times of payment of	5165
interest and principal, and other terms and conditions of, and	5166
security for, loans made from the research and development loan	5167
fund shall be such as the director determines to be appropriate	5168
and in furtherance of the purpose for which the loans are made.	5169
The moneys used in making loans shall be disbursed from the fund	5170
upon order of the director. Unless otherwise specified in any	5171
indenture or other instrument securing obligations under division	5172
(D) of section 166.08 of the Revised Code, any payments of	5173
principal and interest from loans made from the fund shall be paid	5174
to the fund and used for the purpose of making loans under this	5175
section.	5176

(D)(1) As used in this division, "qualified research and	5177
development loan payments" means payments of principal and	5178
interest on a loan made from the research and development loan	5179
fund.	5180

(2) Each year, the director may, upon request, issue a	5181
certificate to a borrower of moneys from the research and	5182
development loan fund indicating the amount of the qualified	5183
research and development loan payments made by or on behalf of the	5184
borrower during the calendar year immediately preceding the tax	5185
year, as defined in section 5733.04 of the Revised Code, or	5186
taxable year, as defined in section 5747.01 of the Revised Code,	5187
for which the certificate is issued. In addition to indicating the	5188
amount of qualified research and development loan payments, the	5189
certificate shall include a determination of the director that as	5190
of the thirty-first day of December of the calendar year for which	5191
the certificate is issued, the borrower is not in default under	5192
the loan agreement, lease, or other instrument governing repayment	5193
of the loan, including compliance with the job creation and	5194
retention commitments that are part of the qualified research and	5195
development project. If the director determines that a borrower is	5196
in default under the loan agreement, lease, or other instrument	5197
governing repayment of the loan, the director may reduce the	5198
amount, percentage, or term of the credit allowed under section	5199
5733.352, 5747.331, or 5751.52 of the Revised Code with respect to	5200
the certificate issued to the borrower. The director shall not	5201
issue a certificate in an amount that exceeds one hundred fifty	5202
thousand dollars.	5203

(E) The director may take actions necessary or appropriate to	5204
collect or otherwise deal with any loan made under this section.	5205

(F) The director may fix service charges for the making of a	5206
loan. The charges shall be payable at such times and place and in	5207
such amounts and manner as may be prescribed by the director.	5208

(G)(1) There shall be credited to the research and	5209
development loan fund moneys received by this state from the	5210
repayment of loans, including interest thereon, made from the	5211
fund, and moneys received from the sale, lease, or other	5212
disposition of property acquired or constructed with moneys in the	5213
fund derived from the proceeds of the sale of obligations under	5214
section 166.08 of the Revised Code. Moneys in the fund shall be	5215
applied as provided in this chapter pursuant to appropriations	5216
made by the general assembly.	5217

(2) In addition to the requirements in division (G)(1) of	5218
this section, moneys referred to in that division may be deposited	5219
to the credit of separate accounts established by the director of	5220
development services within the research and development loan fund	5221
or in the bond service fund and pledged to the security of	5222
obligations, applied to the payment of bond service charges	5223
without need for appropriation, released from any such pledge and	5224
transferred to the research and development loan fund, all as and	5225
to the extent provided in the bond proceedings pursuant to written	5226
directions of the director ~~of development~~. Accounts may be	5227
established by the director in the research and development loan	5228
fund for particular projects or otherwise. The director may	5229
withdraw from the fund or, subject to provisions of the applicable	5230
bond proceedings, from any special funds established pursuant to	5231
the bond proceedings, or from any accounts in such funds, any	5232
amounts of investment income required to be rebated and paid to	5233
the federal government in order to maintain the exemption from	5234
federal income taxation of interest on obligations issued under	5235
this chapter, which withdrawal and payment may be made without the	5236
necessity for appropriation.	5237

Sec. 173.27. (A) As used in this section:

5238

(1) "Applicant" means a person who is under final	5239
consideration for ~~employment~~hiring by a responsible party in a	5240
full-time, part-time, or temporary position that involves	5241
providing ombudsman services to residents and recipients.	5242
"Applicant" includes a person who is under final consideration for	5243
~~employment~~being hired as the state long-term care ombudsman or	5244
the head of a regional long-term care ombudsman program.	5245
"Applicant" does not include a person seeking to provide ombudsman	5246
services to residents and recipients as a volunteer without	5247
receiving or expecting to receive any form of remuneration other	5248
than reimbursement for actual expenses.	5249

(2) "Criminal records check" has the same meaning as in	5250
section 109.572 of the Revised Code.	5251

(3) "Disqualifying offense" means any of the offenses listed	5252
or described in divisions (A)(3)(a) to (e) of section 109.572 of	5253
the Revised Code.	5254

(4) "Employee" means a person employed by a responsible party	5255
in a full-time, part-time, or temporary position that involves	5256
providing ombudsman services to residents and recipients.	5257
"Employee" includes the person employed as the state long-term	5258
care ombudsman and a person employed as the head of a regional	5259
long-term care ombudsman program. "Employee" does not include a	5260
person who provides ombudsman services to residents and recipients	5261
as a volunteer without receiving or expecting to receive any form	5262
of remuneration other than reimbursement for actual expenses.	5263

(5) "Responsible party" means the following:

5264

(a) In the case of an applicant who is under final	5265
consideration for ~~employment~~being hired as the state long-term	5266
care ombudsman or the person employed as the state long-term care	5267
ombudsman, the director of aging;	5268

(b) In the case of any other applicant who is under final	5269
consideration for ~~employment with~~being hired by the state	5270
long-term care ombudsman program or any other employee of the	5271
state long-term care ombudsman program, the state long-term care	5272
ombudsman;	5273

(c) In the case of an applicant who is under final	5274
consideration for ~~employment with~~being hired by a regional	5275
long-term care ombudsman program (including as the head of the	5276
regional program) or an employee of a regional long-term care	5277
ombudsman program (including the head of a regional program), the	5278
regional long-term care ombudsman program.	5279

(B) A responsible party may not ~~employ~~hire an applicant or	5280
~~continue to employ~~retain an employee in a position that involves	5281
providing ombudsman services to residents and recipients if any of	5282
the following apply:	5283

(1) A review of the databases listed in division (D) of this	5284
section reveals any of the following:	5285

(a) That the applicant or employee is included in one or more	5286
of the databases listed in divisions (D)(1) to (5) of this	5287
section;	5288

(b) That there is in the state nurse aide registry	5289
established under section 3721.32 of the Revised Code a statement	5290
detailing findings by the director of health that the applicant or	5291
employee neglected or abused a long-term care facility or	5292
residential care facility resident or misappropriated property of	5293
such a resident;	5294

(c) That the applicant or employee is included in one or more	5295
of the databases, if any, specified in rules adopted under this	5296
section and the rules prohibit the responsible party from	5297
employing an applicant or continuing to employ an employee	5298
included in such a database in a position that involves providing	5299
ombudsman services to residents and recipients.	5300

(2) After the applicant or employee is provided, pursuant to	5301
division (E)(2)(a) of this section, a copy of the form prescribed	5302
pursuant to division (C)(1) of section 109.572 of the Revised Code	5303
and the standard impression sheet prescribed pursuant to division	5304
(C)(2) of that section, the applicant or employee fails to	5305
complete the form or provide the applicant's or employee's	5306
fingerprint impressions on the standard impression sheet.	5307

(3) Unless the applicant or employee meets standards	5308
specified in rules adopted under this section, the applicant or	5309
employee is found by a criminal records check required by this	5310
section to have been convicted of,or pleaded guilty to~~, or been~~	5311
~~found eligible for intervention in lieu of conviction for~~ a	5312
disqualifying offense.	5313

(C) A responsible party or a responsible party's designee	5314
shall inform each applicant of both of the following at the time	5315
of the applicant's initial application for ~~employment in~~hiring	5316
into a position that involves providing ombudsman services to	5317
residents and recipients:	5318

(1) That a review of the databases listed in division (D) of	5319
this section will be conducted to determine whether the	5320
responsible party is prohibited by division (B)(1) of this section	5321
from ~~employing~~hiring the applicant ininto the position;	5322

(2) That, unless the database review reveals that the	5323
applicant may not be ~~employed in~~hired into the position, a	5324
criminal records check of the applicant will be conducted and the	5325
applicant is required to provide a set of the applicant's	5326
fingerprint impressions as part of the criminal records check.	5327

(D) As a condition of any applicant's being ~~employed~~hired by	5328
a responsible party in a position that involves providing	5329
ombudsman services to residents and recipients, the responsible	5330
party or designee shall conduct a database review of the applicant	5331
in accordance with rules adopted under this section. If rules	5332
adopted under this section so require, the responsible party or	5333
designee shall conduct a database review of an employee in	5334
accordance with the rules as a condition of the responsible party	5335
~~continuing to employ~~retaining the employee in a position that	5336
involves providing ombudsman services to residents and recipients.	5337
A database review shall determine whether the applicant or	5338
employee is included in any of the following:	5339

(1) The excluded parties list system that is maintained by	5340
the United States general services administration pursuant to	5341
subpart 9.4 of the federal acquisition regulation and available at	5342
the federal web site known as the system for award management;	5343

(2) The list of excluded individuals and entities maintained	5344
by the office of inspector general in the United States department	5345
of health and human services pursuant to section 1128 of the	5346
"Social Security Act," 94 Stat. 2619 (1980), 42 U.S.C. 1320a-7, as	5347
amended, and section 1156 of the "Social Security Act," 96 Stat.	5348
388 (1982), 42 U.S.C. 1320c-5, as amended;	5349

(3) The registry of MR/DD employees established under section	5350
5123.52 of the Revised Code;	5351

(4) The internet-based sex offender and child-victim offender	5352
database established under division (A)(11) of section 2950.13 of	5353
the Revised Code;	5354

(5) The internet-based database of inmates established under	5355
section 5120.66 of the Revised Code;	5356

(6) The state nurse aide registry established under section	5357
3721.32 of the Revised Code;	5358

(7) Any other database, if any, specified in rules adopted	5359
under this section.	5360

(E)(1) As a condition ~~of any applicant's being employed by a~~	5361
~~responsible party in~~on hiring an applicant into a position that	5362
involves providing ombudsman services to residents and recipients,	5363
the responsible party or designee shall request that the	5364
superintendent of the bureau of criminal identification and	5365
investigation conduct a criminal records check of the applicant.	5366
If rules adopted under this section so require, the responsible	5367
party or designee shall request that the superintendent conduct a	5368
criminal records check of an employee at times specified in the	5369
rules as a condition ~~of the responsible party continuing to employ~~	5370
for retaining the employee in a position that involves providing	5371
ombudsman services to residents and recipients. However, the	5372
responsible party or designee is not required to request the	5373
criminal records check of the applicant or employee if the	5374
responsible party is prohibited by division (B)(1) of this section	5375
from ~~employing~~hiring the applicant or ~~continuing to employ~~	5376
retaining the employee in a position that involves providing	5377
ombudsman services to residents and recipients. If an applicant or	5378
employee for whom a criminal records check request is required by	5379
this section does not present proof of having been a resident of	5380
this state for the five-year period immediately prior to the date	5381
the criminal records check is requested or provide evidence that	5382
within that five-year period the superintendent has requested	5383
information about the applicant or employee from the federal	5384
bureau of investigation in a criminal records check, the	5385
responsible party or designee shall request that the	5386
superintendent obtain information from the federal bureau of	5387
investigation as part of the criminal records check. Even if an	5388
applicant or employee for whom a criminal records check request is	5389
required by this section presents proof of having been a resident	5390
of this state for the five-year period, the responsible party or	5391
designee may request that the superintendent include information	5392
from the federal bureau of investigation in the criminal records	5393
check.	5394

(2) A responsible party or designee shall do all of the	5395
following:	5396

(a) Provide to each applicant and employee for whom a	5397
criminal records check request is required by this section a copy	5398
of the form prescribed pursuant to division (C)(1) of section	5399
109.572 of the Revised Code and a standard impression sheet	5400
prescribed pursuant to division (C)(2) of that section;	5401

(b) Obtain the completed form and standard impression sheet	5402
from the applicant or employee;	5403

(c) Forward the completed form and standard impression sheet	5404
to the superintendent.	5405

(3) A responsible party shall pay to the bureau of criminal	5406
identification and investigation the fee prescribed pursuant to	5407
division (C)(3) of section 109.572 of the Revised Code for each	5408
criminal records check the responsible party or the responsible	5409
party's designee requests under this section. The responsible	5410
party may charge an applicant a fee not exceeding the amount the	5411
responsible party pays to the bureau under this section if the	5412
responsible party or designee notifies the applicant at the time	5413
of initial application for ~~employment~~hiring into the position in	5414
question of the amount of the fee.	5415

(F)(1) A responsible party may ~~employ~~ conditionally hire an	5416
applicant for whom a criminal records check is required by this	5417
section prior to obtaining the results of the criminal records	5418
check if both of the following apply:	5419

(a) The responsible party is not prohibited by division	5420
(B)(1) of this section from ~~employing~~hiring the applicant in a	5421
position that involves providing ombudsman services to residents	5422
and recipients;	5423

(b) The responsible party or designee requests the criminal	5424
records check in accordance with division (E) of this section not	5425
later than five business days after the responsible party	5426
conditionally hires the applicant ~~begins conditional employment~~.	5427

(2) A responsible party shall ~~terminate the employment of an~~	5428
~~applicant employed conditionally under division (F)(1) of this~~	5429
~~section~~remove a conditionally hired applicant from any job duties	5430
that require a criminal records check if the results of the	5431
criminal records check, other than the results of any request for	5432
information from the federal bureau of investigation, are not	5433
obtained within the period ending sixty days after the date the	5434
request for the criminal records check is made. ~~Regardless~~	5435

Regardless of when the results of the criminal records check	5436
are obtained, if the results indicate that the conditionally hired	5437
applicant has been convicted of,or pleaded guilty to~~, or been~~	5438
~~found eligible for intervention in lieu of conviction for~~ a	5439
disqualifying offense, the responsible party shall terminate the	5440
applicant's employment unless the applicant meets standards	5441
specified in rules adopted under this section that permit the	5442
responsible party to ~~employ~~hire the applicant and the responsible	5443
party chooses to ~~employ~~hire the applicant. Termination of	5444
employment under this division shall be considered just cause for	5445
discharge for purposes of division (D)(2) of section 4141.29 of	5446
the Revised Code if the applicant makes any attempt to deceive the	5447
responsible party or designee about the applicant's criminal	5448
record.	5449

(G) The report of any criminal records check conducted	5450
pursuant to a request made under this section is not a public	5451
record for the purposes of section 149.43 of the Revised Code and	5452
shall not be made available to any person other than the	5453
following:	5454

(1) The applicant or employee who is the subject of the	5455
criminal records check or the applicant's or employee's	5456
representative;	5457

(2) The responsible party or designee;

5458

(3) In the case of a criminal records check conducted for an	5459
applicant who is under final consideration for ~~employment with~~	5460
hiring by a regional long-term care ombudsman program (including	5461
as the head of the regional program) or for an employee of a	5462
regional long-term care ombudsman program (including the head of a	5463
regional program), the state long-term care ombudsman or a	5464
representative of the office of the state long-term care ombudsman	5465
program who is responsible for monitoring the regional program's	5466
compliance with this section;	5467

(4) A court, hearing officer, or other necessary individual	5468
involved in a case dealing with any of the following:	5469

(a) A denial of ~~employment~~hiring of the applicant or of	5470
retention of the employee;	5471

(b) Employment or unemployment benefits of the applicant or	5472
employee;	5473

(c) A civil or criminal action regarding the medicaid program	5474
or a program the department of aging administers.	5475

(H) In a tort or other civil action for damages that is	5476
brought as the result of an injury, death, or loss to person or	5477
property caused by an applicant who a responsible party hires, or	5478
an employee who a responsible party employs, in a position that	5479
involves providing ombudsman services to residents and recipients,	5480
all of the following shall apply:	5481

(1) If the responsible party ~~employed~~hired the applicant or	5482
retained the employee in good faith and reasonable reliance on the	5483
report of a criminal records check requested under this section,	5484
the responsible party shall not be found negligent solely because	5485
of its reliance on the report, even if the information in the	5486
report is determined later to have been incomplete or inaccurate.	5487

(2) If the responsible party ~~employed~~conditionally hired the	5488
applicant in good faith ~~on a conditional basis~~ pursuant to	5489
division (F) of this section, the responsible party shall not be	5490
found negligent solely because it ~~employed~~conditionally hired the	5491
applicant prior to receiving the report of a criminal records	5492
check requested under this section.	5493

(3) If the responsible party in good faith ~~employed~~hired the	5494
applicant or retained the employee because the applicant or	5495
employee meets standards specified in rules adopted under this	5496
section, the responsible party shall not be found negligent solely	5497
because the applicant or employee has been convicted of,or	5498
pleaded guilty to~~, or been found eligible for intervention in lieu~~	5499
~~of conviction for~~ a disqualifying offense.	5500

(I) The state long-term care ombudsman may not act as the	5501
director of aging's designee for the purpose of this section. The	5502
head of a regional long-term care ombudsman program may not act as	5503
the regional program's designee for the purpose of this section if	5504
the head is the employee for whom a database review or criminal	5505
records check is being conducted.	5506

(J) The director of aging shall adopt rules in accordance	5507
with Chapter 119. of the Revised Code to implement this section.	5508

(1) The rules may do the following:

5509

(a) Require employees to undergo database reviews and	5510
criminal records checks under this section;	5511

(b) If the rules require employees to undergo database	5512
reviews and criminal records checks under this section, exempt one	5513
or more classes of employees from the requirements;	5514

(c) For the purpose of division (D)(7) of this section,	5515
specify other databases that are to be checked as part of a	5516
database review conducted under this section.	5517

(2) The rules shall specify all of the following:

5518

(a) The procedures for conducting database reviews under this	5519
section;	5520

(b) If the rules require employees to undergo database	5521
reviews and criminal records checks under this section, the times	5522
at which the database reviews and criminal records checks are to	5523
be conducted;	5524

(c) If the rules specify other databases to be checked as	5525
part of the database reviews, the circumstances under which a	5526
responsible party is prohibited from ~~employing~~hiring an applicant	5527
or ~~continuing to employ~~retaining an employee who is found by a	5528
database review to be included in one or more of those databases;	5529

(d) Standards that an applicant or employee must meet for a	5530
responsible party to be permitted to ~~employ~~hire the applicant or	5531
~~continue to employ~~retain the employee in a position that involves	5532
providing ombudsman services to residents and recipients if the	5533
applicant or employee is found by a criminal records check	5534
required by this section to have been convicted of,or pleaded	5535
guilty to~~, or been found eligible for intervention in lieu of~~	5536
~~conviction for~~ a disqualifying offense.	5537

Sec. 173.38. (A) As used in this section:

5538

(1)(a) "Applicant" means aall of the following:

5539

(i) A person who is under final consideration for ~~employment~~	5540
~~with~~hiring by a responsible party in a full-time, part-time, or	5541
temporary direct-care position or is referred to a responsible	5542
party by an employment service for such a position~~. "Applicant"~~;	5543

(ii) A self-employed provider bidding on a contract or grant	5544
with an area agency on aging to provide community-based long-term	5545
care services;	5546

(iii) A self-employed provider applying under section 173.391	5547
of the Revised Code for certification to provide community-based	5548
long-term care services.	5549

(b) "Applicant" does not include a person being considered	5550
for a direct-care position as a volunteer.	5551

(2) "Area agency on aging" has the same meaning as in section	5552
173.14 of the Revised Code.	5553

(3) "Community-based long-term care services" means	5554
community-based long-term care services, as defined in section	5555
173.14 of the Revised Code, that are provided under a program the	5556
department of aging administers.	5557

(4) "Consumer" means an individual who receives	5558
community-based long-term care services.	5559

(5) "Criminal records check" has the same meaning as in	5560
section 109.572 of the Revised Code.	5561

(6)(a) "Direct-care position" means an employment position in	5562
which an employee has either or both of the following:	5563

(i) In-person contact with one or more consumers;

5564

(ii) Access to one or more consumers' personal property or	5565
records.	5566

(b) "Direct-care position" does not include a person whose	5567
sole duties are transporting individuals under Chapter 306. of the	5568
Revised Code.	5569

(7) "Disqualifying offense" means any of the offenses listed	5570
or described in divisions (A)(3)(a) to (e) of section 109.572 of	5571
the Revised Code.	5572

(8)(a) "Employee" means aall of the following:

5573

(i) A person employed by a responsible party in a full-time,	5574
part-time, or temporary direct-care position and a person who	5575
works in such a position due to being referred to a responsible	5576
party by an employment service~~. "Employee"~~;	5577

(ii) A self-employed provider who has a contract or grant	5578
with an area agency on aging to provide community-based long-term	5579
care services;	5580

(iii) A self-employed provider certified under section	5581
173.391 of the Revised Code to provide community-based long-term	5582
care services.	5583

(b) "Employee" does not include a person who works in a	5584
direct-care position as a volunteer.	5585

(9) "PASSPORT administrative agency" has the same meaning as	5586
in section 173.42 of the Revised Code.	5587

(10) "Provider" has the same meaning as in section 173.39 of	5588
the Revised Code.	5589

(11) "Responsible party" means the following:

5590

(a) An area agency on aging in the case of ~~either~~any of the	5591
following:	5592

(i) A person who is an applicant because the agency is giving	5593
the person ~~is under~~ final consideration for ~~employment with the~~	5594
~~agency in~~being hired into a full-time, part-time, or temporary	5595
direct-care position or isan employment service referred the	5596
person to the agency ~~by an employment service~~ for such a position;	5597

(ii) A person who is an employee because the agency employs	5598
the person ~~is employed by the agency~~ in a full-time, part-time, or	5599
temporary direct-care position or ~~works in such a position due to~~	5600
~~being~~an employment service referred the person to the agency by	5601
~~an employment service~~for employment in such a position;	5602

(iii) A self-employed provider who is an applicant because	5603
the provider is bidding on a contract or grant with the agency to	5604
provide community-based long-term care services;	5605

(iv) A self-employed provider who is an employee because the	5606
provider has a contract or grant with the agency to provide	5607
community-based long-term care services.	5608

(b) A PASSPORT administrative agency in the case of ~~either~~	5609
any of the following:	5610

(i) A person who is an applicant because the agency is giving	5611
the person ~~is under~~ final consideration for ~~employment with the~~	5612
~~agency in~~being hired into a full-time, part-time, or temporary	5613
direct-care position or isan employment service referred the	5614
person to the agency ~~by an employment service~~ for such a position;	5615

(ii) A person who is an employee because the agency employs	5616
the person ~~is employed by the agency~~ in a full-time, part-time, or	5617
temporary direct-care position or ~~works in such a position due to~~	5618
~~being~~an employment service referred the person to the agency by	5619
~~an employment service~~for employment in such a position;	5620

(iii) A self-employed provider who is an applicant because	5621
the provider is applying under section 173.391 of the Revised Code	5622
for certification to provide community-based long-term care	5623
services and intends to provide the services in the area served by	5624
the agency;	5625

(iv) A self-employed provider who is an employee because the	5626
provider is certified under section 173.391 of the Revised Code to	5627
provide community-based long-term care services and provides the	5628
services in the area served by the agency.	5629

5630

(i) A person who is an applicant because the provider is	5631
giving the person ~~is under~~ final consideration for ~~employment with~~	5632
~~the provider in~~being hired into a full-time, part-time, or	5633
temporary direct-care position or isan employment service	5634
referred the person to the provider ~~by an employment service~~ for	5635
such a position;	5636

(ii) A person who is an employee because the provider employs	5637
the person ~~is employed by the provider~~ in a full-time, part-time,	5638
or temporary direct-care position or ~~works in such a position due~~	5639
~~to being~~an employment service referred the person to the provider	5640
~~by an employment service~~for employment in such a position.	5641

(d) A subcontractor in the case of either of the following:

5642

(i) A person who is an applicant because the subcontractor is	5643
giving the person ~~is under~~ final consideration for ~~employment with~~	5644
~~the subcontractor in~~being hired into a full-time, part-time, or	5645
temporary direct-care position or isan employment service	5646
referred the person to the subcontractor ~~by an employment service~~	5647
for such a position;	5648

(ii) A person who is an employee because the subcontractor	5649
employs the person ~~is employed by the subcontractor~~ in a	5650
full-time, part-time, or temporary direct-care position or ~~works~~	5651
~~in such a position due to being~~an employment service referred the	5652
person to the subcontractor ~~by an employment service~~for	5653
employment in such a position.	5654

(e) A consumer who, as the employer of record, directs a	5655
consumer-directed provider.	5656

(12) "Self-employed" means the state of working for one's	5657
self with no employees. A consumer-directed provider is not	5658
self-employed because the consumer is the employer of record.	5659

(13) "Subcontractor" has the meaning specified in rules	5660
adopted under this section.	5661

~~(13)~~(14) "Volunteer" means a person who serves in a	5662
direct-care position without receiving or expecting to receive any	5663
form of remuneration other than reimbursement for actual expenses.	5664

~~(14)~~(15) "Waiver agency" has the same meaning as in section	5665
5164.342 of the Revised Code.	5666

(B) This section does not apply to any individual who is	5667
subject to a database review or criminal records check under	5668
section 3701.881 of the Revised Code or to any individual who is	5669
subject to a criminal records check under section 3721.121 of the	5670
Revised Code. If a provider or subcontractor also is a waiver	5671
agency, the provider or subcontractor may provide for applicants	5672
and employees to undergo database reviews and criminal records	5673
checks in accordance with section 5164.342 of the Revised Code	5674
rather than this section.	5675

(C) No responsible party shall ~~employ~~hire an applicant or	5676
~~continue to employ~~retain an employee in a direct-care position if	5677
any of the following apply:	5678

(1) A review of the databases listed in division (E) of this	5679
section reveals any of the following:	5680

(a) That the applicant or employee is included in one or more	5681
of the databases listed in divisions (E)(1) to (5) of this	5682
section;	5683

(b) That there is in the state nurse aide registry	5684
established under section 3721.32 of the Revised Code a statement	5685
detailing findings by the director of health that the applicant or	5686
employee neglected or abused a long-term care facility or	5687
residential care facility resident or misappropriated property of	5688
such a resident;	5689

(c) That the applicant or employee is included in one or more	5690
of the databases, if any, specified in rules adopted under this	5691
section and the rules prohibit the responsible party from	5692
~~employing~~hiring an applicant or ~~continuing to employ~~retaining an	5693
employee included in such a database in a direct-care position.	5694

(2) After the applicant or employee is provided, pursuant to	5695
division (F)(2)(a) of this section, a copy of the form prescribed	5696
pursuant to division (C)(1) of section 109.572 of the Revised Code	5697
and the standard impression sheet prescribed pursuant to division	5698
(C)(2) of that section, the applicant or employee fails to	5699
complete the form or provide the applicant's or employee's	5700
fingerprint impressions on the standard impression sheet.	5701

(3) Unless the applicant or employee meets standards	5702
specified in rules adopted under this section, the applicant or	5703
employee is found by a criminal records check required by this	5704
section to have been convicted of,or pleaded guilty to~~, or been~~	5705
~~found eligible for intervention in lieu of conviction for~~ a	5706
disqualifying offense.	5707

(D) Except as provided by division (G) of this section, the	5708
chief administrator of a responsible party shall inform each	5709
applicant of both of the following at the time of the applicant's	5710
initial application for ~~employment~~hiring into a direct-care	5711
position or referral to the responsible party by an employment	5712
service for a direct-care position:	5713

(1) That a review of the databases listed in division (E) of	5714
this section will be conducted to determine whether the	5715
responsible party is prohibited by division (C)(1) of this section	5716
from ~~employing~~hiring the applicant ininto the direct-care	5717
position;	5718

(2) That, unless the database review reveals that the	5719
applicant may not be ~~employed in~~hired into the direct-care	5720
position, a criminal records check of the applicant will be	5721
conducted and the applicant is required to provide a set of the	5722
applicant's fingerprint impressions as part of the criminal	5723
records check.	5724

(E) As a condition ~~of employing~~for hiring any applicant in	5725
into a direct-care position, the chief administrator of a	5726
responsible party shall conduct a database review of the applicant	5727
in accordance with rules adopted under this section. If rules	5728
adopted under this section so require, the chief administrator of	5729
a responsible party shall conduct a database review of an employee	5730
in accordance with the rules as a condition of ~~continuing to~~	5731
~~employ~~retaining the employee in a direct-care position. However,	5732
a chief administrator is not required to conduct a database review	5733
of an applicant or employee if division (G) of this section	5734
applies. A database review shall determine whether the applicant	5735
or employee is included in any of the following:	5736

(1) The excluded parties list system that is maintained by	5737
the United States general services administration pursuant to	5738
subpart 9.4 of the federal acquisition regulation and available at	5739
the federal web site known as the system for award management;	5740

(2) The list of excluded individuals and entities maintained	5741
by the office of inspector general in the United States department	5742
of health and human services pursuant to the "Social Security	5743
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;	5744

(3) The registry of MR/DD employees established under section	5745
5123.52 of the Revised Code;	5746

(4) The internet-based sex offender and child-victim offender	5747
database established under division (A)(11) of section 2950.13 of	5748
the Revised Code;	5749

(5) The internet-based database of inmates established under	5750
section 5120.66 of the Revised Code;	5751

(6) The state nurse aide registry established under section	5752
3721.32 of the Revised Code;	5753

(7) Any other database, if any, specified in rules adopted	5754
under this section.	5755

(F)(1) As a condition ~~of employing~~for hiring any applicant	5756
ininto a direct-care position, the chief administrator of a	5757
responsible party shall request that the superintendent of the	5758
bureau of criminal identification and investigation conduct a	5759
criminal records check of the applicant. If rules adopted under	5760
this section so require, the chief administrator of a responsible	5761
party shall request that the superintendent conduct a criminal	5762
records check of an employee at times specified in the rules as a	5763
condition ~~of continuing to employ~~for retaining the employee in a	5764
direct-care position. However, the chief administrator is not	5765
required to request the criminal records check of the applicant or	5766
employee if division (G) of this section applies or the	5767
responsible party is prohibited by division (C)(1) of this section	5768
from ~~employing~~hiring the applicant or ~~continuing to employ~~	5769
retaining the employee in a direct-care position. If an applicant	5770
or employee for whom a criminal records check request is required	5771
by this section does not present proof of having been a resident	5772
of this state for the five-year period immediately prior to the	5773
date the criminal records check is requested or provide evidence	5774
that within that five-year period the superintendent has requested	5775
information about the applicant or employee from the federal	5776
bureau of investigation in a criminal records check, the chief	5777
administrator shall request that the superintendent obtain	5778
information from the federal bureau of investigation as part of	5779
the criminal records check. Even if an applicant or employee for	5780
whom a criminal records check request is required by this section	5781
presents proof of having been a resident of this state for the	5782
five-year period, the chief administrator may request that the	5783
superintendent include information from the federal bureau of	5784
investigation in the criminal records check.	5785

(2) The chief administrator shall do all of the following:

5786

(a) Provide to each applicant and employee for whom a	5787
criminal records check request is required by this section a copy	5788
of the form prescribed pursuant to division (C)(1) of section	5789
109.572 of the Revised Code and a standard impression sheet	5790
prescribed pursuant to division (C)(2) of that section;	5791

(b) Obtain the completed form and standard impression sheet	5792
from the applicant or employee;	5793

(c) Forward the completed form and standard impression sheet	5794
to the superintendent.	5795

(3) A responsible party shall pay to the bureau of criminal	5796
identification and investigation the fee prescribed pursuant to	5797
division (C)(3) of section 109.572 of the Revised Code for each	5798
criminal records check the responsible party requests under this	5799
section. A responsible party may charge an applicant a fee not	5800
exceeding the amount the responsible party pays to the bureau	5801
under this section if both of the following apply:	5802

(a) The responsible party notifies the applicant at the time	5803
of initial application for ~~employment~~hiring into the position in	5804
question of the amount of the fee and that, unless the fee is	5805
paid, the applicant will not be considered for ~~employment~~the	5806
hiring.	5807

(b) The medicaid program does not pay the responsible party	5808
for the fee it pays to the bureau under this section.	5809

(G) Divisions (D) to (F) of this section do not apply with	5810
regard to an applicant or employee if the applicant or employee is	5811
referred to a responsible party by an employment service that	5812
supplies full-time, part-time, or temporary staff for direct-care	5813
positions and both of the following apply:	5814

(1) The chief administrator of the responsible party receives	5815
from the employment service confirmation that a review of the	5816
databases listed in division (E) of this section was conducted of	5817
the applicant or employee.	5818

(2) The chief administrator of the responsible party receives	5819
from the employment service, applicant, or employee a report of	5820
the results of a criminal records check of the applicant or	5821
employee that has been conducted by the superintendent within the	5822
one-year period immediately preceding the following:	5823

(a) In the case of an applicant, the date of the applicant's	5824
referral by the employment service to the responsible party;	5825

(b) In the case of an employee, the date by which the	5826
responsible party would otherwise have to request a criminal	5827
records check of the employee under division (F) of this section.	5828

(H)(1) A responsible party may ~~employ~~ conditionally hire an	5829
applicant for whom a criminal records check request is required by	5830
this section prior to obtaining the results of the criminal	5831
records check if the responsible party is not prohibited by	5832
division (C)(1) of this section from ~~employing~~hiring the	5833
applicant in a direct-care position and either of the following	5834
applies:	5835

(a) The chief administrator of the responsible party requests	5836
the criminal records check in accordance with division (F) of this	5837
section not later than five business days after the responsible	5838
party conditionally hires the applicant ~~begins conditional~~	5839
~~employment~~.	5840

(b) The applicant is referred to the responsible party by an	5841
employment service, the employment service or the applicant	5842
provides the chief administrator of the responsible party a letter	5843
that is on the letterhead of the employment service, the letter is	5844
dated and signed by a supervisor or another designated official of	5845
the employment service, and the letter states all of the	5846
following:	5847

(i) That the employment service has requested the	5848
superintendent to conduct a criminal records check regarding the	5849
applicant;	5850

(ii) That the requested criminal records check is to include	5851
a determination of whether the applicant has been convicted of,or	5852
pleaded guilty to~~, or been found eligible for intervention in lieu~~	5853
~~of conviction for~~ a disqualifying offense;	5854

(iii) That the employment service has not received the	5855
results of the criminal records check as of the date set forth on	5856
the letter;	5857

(iv) That the employment service promptly will send a copy of	5858
the results of the criminal records check to the chief	5859
administrator of the responsible party when the employment service	5860
receives the results.	5861

(2) If a responsible party ~~employs an applicant~~ conditionally	5862
hires an applicant pursuant to division (H)(1)(b) of this section,	5863
the employment service, on its receipt of the results of the	5864
criminal records check, promptly shall send a copy of the results	5865
to the chief administrator of the responsible party.	5866

(3) A responsible party that ~~employs~~conditionally hires an	5867
applicant ~~conditionally~~ pursuant to division (H)(1)(a) or (b) of	5868
this section shall ~~terminate the applicant's employment~~remove the	5869
conditionally hired applicant from any job duties that require a	5870
criminal records check if the results of the criminal records	5871
check, other than the results of any request for information from	5872
the federal bureau of investigation, are not obtained within the	5873
period ending sixty days after the date the request for the	5874
criminal records check is made. ~~Regardless~~	5875

Regardless of when the results of the criminal records check	5876
are obtained, if the results indicate that the conditionally hired	5877
applicant has been convicted of,or pleaded guilty to~~, or been~~	5878
~~found eligible for intervention in lieu of conviction for~~ a	5879
disqualifying offense, the responsible party shall terminate the	5880
conditionally hired applicant's employment unless the applicant	5881
meets standards specified in rules adopted under this section that	5882
permit the responsible party to ~~employ~~hire the applicant and the	5883
responsible party chooses to ~~employ~~hire the applicant.	5884
Termination of employment under this division shall be considered	5885
just cause for discharge for purposes of division (D)(2) of	5886
section 4141.29 of the Revised Code if the applicant makes any	5887
attempt to deceive the responsible party about the applicant's	5888
criminal record.	5889

(I) The report of any criminal records check conducted	5890
pursuant to a request made under this section is not a public	5891
record for the purposes of section 149.43 of the Revised Code and	5892
shall not be made available to any person other than the	5893
following:	5894

(1) The applicant or employee who is the subject of the	5895
criminal records check or the applicant's or employee's	5896
representative;	5897

(2) The chief administrator of the responsible party	5898
requesting the criminal ~~records check~~record or the	5899
administrator's representative;	5900

(3) The administrator of any other facility, agency, or	5901
program that provides community-based long-term care services that	5902
is owned or operated by the same entity that owns or operates the	5903
responsible party that requested the criminal records check;	5904

(4) The employment service that requested the criminal	5905
records check;	5906

(5) The director of aging or a person authorized by the	5907
director to monitor a responsible party's compliance with this	5908
section;	5909

(6) The medicaid director and the staff of the department of	5910
medicaid who are involved in the administration of the medicaid	5911
program if either of the following apply:	5912

(a) In the case of a criminal records check requested by a	5913
provider or subcontractor, the provider or subcontractor also is a	5914
waiver agency;	5915

(b) In the case of a criminal records check requested by an	5916
employment service, the employment service makes the request for	5917
an applicant or employee the employment service refers to a	5918
provider or subcontractor that also is a waiver agency.	5919

(7) A court, hearing officer, or other necessary individual	5920
involved in a case dealing with any of the following:	5921

(a) A denial of ~~employment~~hiring of the applicant or of	5922
retention of the employee;	5923

(b) Employment or unemployment benefits of the applicant or	5924
employee;	5925

(c) A civil or criminal action regarding the medicaid program	5926
or a program the department of aging administers.	5927

(J) In a tort or other civil action for damages that is	5928
brought as the result of an injury, death, or loss to person or	5929
property caused by an applicant who a responsible party hires, or	5930
an employee who a responsible party employs, in a direct-care	5931
position, all of the following shall apply:	5932

(1) If the responsible party ~~employed~~hired the applicant or	5933
retained the employee in good faith and reasonable reliance on the	5934
report of a criminal records check requested under this section,	5935
the responsible party shall not be found negligent solely because	5936
of its reliance on the report, even if the information in the	5937
report is determined later to have been incomplete or inaccurate.	5938

(2) If the responsible party ~~employed~~conditionally hired the	5939
applicant in good faith ~~on a conditional basis~~ pursuant to	5940
division (H) of this section, the responsible party shall not be	5941
found negligent solely because it ~~employed~~conditionally hired the	5942
applicant prior to receiving the report of a criminal records	5943
check requested under this section.	5944

(3) If the responsible party in good faith ~~employed~~hired the	5945
applicant or retained the employee because the applicant or	5946
employee meets standards specified in rules adopted under this	5947
section, the responsible party shall not be found negligent solely	5948
because the applicant or employee has been convicted of,or	5949
pleaded guilty to~~, or been found eligible for intervention in lieu~~	5950
~~of conviction for~~ a disqualifying offense.	5951

(K) The director of aging shall adopt rules in accordance	5952
with Chapter 119. of the Revised Code to implement this section.	5953

(1) The rules may do the following:

5954

(a) Require employees to undergo database reviews and	5955
criminal records checks under this section;	5956

(b) If the rules require employees to undergo database	5957
reviews and criminal records checks under this section, exempt one	5958
or more classes of employees from the requirements;	5959

(c) For the purpose of division (E)(7) of this section,	5960
specify other databases that are to be checked as part of a	5961
database review conducted under this section.	5962

(2) The rules shall specify all of the following:

5963

(a) The meaning of the term "subcontractor";

5964

(b) The procedures for conducting database reviews under this	5965
section;	5966

(c) If the rules require employees to undergo database	5967
reviews and criminal records checks under this section, the times	5968
at which the database reviews and criminal records checks are to	5969
be conducted;	5970

(d) If the rules specify other databases to be checked as	5971
part of the database reviews, the circumstances under which a	5972
responsible party is prohibited from ~~employing~~hiring an applicant	5973
or ~~continuing to employ~~retaining an employee who is found by a	5974
database review to be included in one or more of those databases;	5975

(e) Standards that an applicant or employee must meet for a	5976
responsible party to be permitted to ~~employ~~hire the applicant or	5977
~~continue to employ~~retain the employee in a direct-care position	5978
if the applicant or employee is found by a criminal records check	5979
required by this section to have been convicted of,or pleaded	5980
guilty to~~, or been found eligible for intervention in lieu of~~	5981
~~conviction for~~ a disqualifying offense.	5982

Sec. 184.02. (A) In addition to the powers and duties under	5983
sections 184.10 to 184.20 and 184.37 of the Revised Code, the	5984
third frontier commission may perform any act to ensure the	5985
performance of any function necessary or appropriate to carry out	5986
the purposes of, and exercise the powers granted under, sections	5987
184.01 and 184.02 of the Revised Code. In addition, the commission	5988
may do any of the following:	5989

(1) Adopt, amend, and rescind rules under section 111.15 of	5990
the Revised Code for the administration of any aspect of its	5991
operations;	5992

(2) Adopt bylaws governing its operations, including bylaws	5993
that establish procedures and set policies as may be necessary to	5994
assist with the furtherance of its purposes;	5995

(3) Appoint and set the compensation of employees needed to	5996
carry out its duties;	5997

(4) Contract with, retain the services of, or designate, and	5998
fix the compensation of, such financial consultants, accountants,	5999
other consultants and advisors, and other independent contractors	6000
as may be necessary or desirable to carry out its duties;	6001

(5) Solicit input and comments from the third frontier	6002
advisory board, and specialized industry, professional, and other	6003
relevant interest groups concerning its purposes;	6004

(6) Facilitate alignment of the state's science and	6005
technology programs and activities;	6006

(7) Make grants and loans to individuals, public agencies,	6007
private companies or organizations, or joint ventures for any of	6008
the broad range of activities related to its purposes.	6009

(B) In addition to the powers and duties under sections	6010
184.10 to 184.20 and 184.37 of the Revised Code, the commission	6011
shall do all of the following:	6012

(1) Establish a competitive process for the award of grants	6013
and loans that is designed to fund the most meritorious proposals	6014
and, when appropriate, provide for peer review of proposals;	6015

(2) ~~Within ninety days after the end of each fiscal~~On or	6016
before the first day of August of each year, submit to the	6017
governor and the general assembly a report of the activities of	6018
the commission during the preceding fiscal year;	6019

(3) With specific application to the biomedical research and	6020
technology transfer trust fund, periodically make strategic	6021
assessments of the types of state investments in biomedical	6022
research and biotechnology in the state that would likely create	6023
jobs and business opportunities in the state and produce the most	6024
beneficial long-term improvements to the public health of Ohioans,	6025
including, but not limited to, biomedical research and	6026
biotechnology initiatives that address tobacco-related illnesses	6027
as may be outlined in any master agreement. The commission shall	6028
award grants and loans from the fund pursuant to a process	6029
established under division (B)(1) of this section.	6030

Sec. 190.01. As used in this division:

6031

(A) "Subdivision" has the same meaning as in section 5705.01	6032
of the Revised Code.	6033

(B) "Eligible subdivision" means a subdivision that is	6034
located in an eligible county.	6035

(C) "Eligible county" means a county appearing on the most	6036
recent determination certified by the chief of the division of oil	6037
and gas resources management under division (C)(2) of section	6038
1509.11 of the Revised Code.	6039

(D) "Foundation for Appalachian Ohio" means a nonprofit	6040
corporation named "The Foundation for Appalachian Ohio."	6041

Sec. 190.02. (A) There is hereby created the Ohio shale	6042
products regional commission. The commission shall ensure the	6043
long-term growth and continued prosperity of eligible subdivisions	6044
by doing all of the following:	6045

(1) Awarding grants from the severance tax endowment fund and	6046
the severance tax infrastructure fund;	6047

(2) Identifying local match programs for investments in	6048
eligible subdivisions;	6049

(3) Assisting the short-term and long-term needs of eligible	6050
subdivisions;	6051

(4) Overseeing the long-term success of eligible	6052
subdivisions.	6053

(B)(1) The commission shall consist of the following members,	6054
appointed by the governor:	6055

(a) One member who is a county or civil engineer;

6056

(b) One member with experience in local economic development;

6057

(c) One member representing the region that includes all	6058
eligible counties;	6059

(d) One member representing eligible counties;

6060

(e) One member representing municipal corporations that are	6061
eligible subdivisions;	6062

(f) One member representing townships that are eligible	6063
subdivisions;	6064

(g) One member of the public recommended to the governor by	6065
the speaker of the house of representatives;	6066

(h) One member of the public recommended to the governor by	6067
the president of the senate;	6068

(i) The president of the foundation for Appalachian Ohio or	6069
the president's designee.	6070

(2) In addition to the members described in division (B)(1)	6071
of this section, the commission shall consist of the following ex	6072
officio members:	6073

(a) The director of natural resources;

6074

(b) The chief investment officer of the nonprofit corporation	6075
formed under Chapter 187. of the Revised Code;	6076

6077

(d) The director of the governor's office of Appalachian	6078
Ohio.	6079

(C) The governor shall appoint the first members of the	6080
commission not later than October 1, 2014. Commission members	6081
described in divisions (B)(1)(a) to (h) of this section shall	6082
serve four-year terms, except that for the first term beginning	6083
after the effective date of this section, members described in	6084
divisions (B)(1)(c), (d), (f), and (g) of this section each shall	6085
serve a two-year term. The member described in division (B)(1)(i)	6086
of this section shall continue to serve until the member is no	6087
longer eligible to serve on the commission or is removed by the	6088
governor for any of the reasons described in section 3.04 of the	6089
Revised Code.	6090

Members described in divisions (B)(1)(a) to (h) of this	6091
section may be reappointed. Each member shall hold office until	6092
the later of the end of the term for which the member was	6093
appointed or the date the member's successor takes office. Any	6094
member appointed to fill a vacancy occurring before the expiration	6095
of the term for which the member's predecessor was appointed shall	6096
hold office for the remainder of the unexpired term. A vacancy in	6097
the commission shall be filled in the same manner as the original	6098
appointment. Members described in division (B)(1) of this section	6099
may be removed by the governor for any of the reasons described in	6100
section 3.04 of the Revised Code.	6101

The governor shall not appoint an individual to the	6102
commission, nor shall an individual serve on the commission if the	6103
individual has been convicted of or pleaded guilty or no contest	6104
to a felony offense. Members under indictment for a felony offense	6105
shall resign by force of law from the commission immediately upon	6106
indictment.	6107

A member described in division (B)(1) of this section who	6108
fails to attend at least sixty per cent of the meetings of the	6109
commission during any two-year period shall resign by force of law	6110
from the commission immediately upon failing to meet this	6111
requirement.	6112

(D) At the first meeting of the commission, which shall occur	6113
not later than one year after the effective date of this section,	6114
members of the commission shall elect a chairperson and a	6115
vice-chairperson. The vice-chairperson shall assume the duties of	6116
the chairperson in the absence of the chairperson. The commission	6117
shall meet annually or more frequently at the call of the	6118
chairperson. A majority of the commission constitutes a quorum.	6119
The member described in division (B)(1)(i) of this section shall	6120
not serve as a chairperson or vice-chairperson. The commission is	6121
a public body for purposes of section 121.22 of the Revised Code.	6122
Records of the commission are public records for purposes of	6123
section 149.43 of the Revised Code.	6124

(E) Each member shall be reimbursed for travel expenses	6125
actually and necessarily incurred in the performance of their	6126
duties for the commission. The commission may approve and incur	6127
expenses that are necessary to assist the commission in the	6128
performance of its duties, including engaging the services of an	6129
attorney or a specialist to advise the commission on matters	6130
before it.	6131

(F) As requested by the commission, the governor's office of	6132
Appalachian Ohio shall provide staff and administrative assistance	6133
to the commission, including assistance to prepare the report	6134
required under division (H) of this section.	6135

(G) Expenses incurred by the Ohio shale products regional	6136
commission or members of the commission under division (E) of this	6137
section and expenses incurred by the governor's office of	6138
Appalachian Ohio for any assistance provided under division (F) of	6139
this section shall be paid by the commission from the severance	6140
tax infrastructure fund. After July 1, 2025, if the payment from	6141
the severance tax infrastructure fund would exceed the amount of	6142
interest earned on money in the fund during the preceding fiscal	6143
year, the excess shall be paid from the severance tax endowment	6144
fund. If the payment from the severance tax endowment fund would	6145
exceed the amount of interest earned on money in the fund during	6146
the preceding fiscal year, the excess shall be paid from the	6147
severance tax infrastructure fund.	6148

(H) On or before the first day of November of each year, the	6149
commission shall submit a report to the governor that includes	6150
financial statements for the severance tax endowment fund and the	6151
severance tax infrastructure fund and information about persons or	6152
eligible subdivisions requesting funds from the commission, the	6153
amount so requested, and the purpose to which the requested funds	6154
were required to be used. The report shall also include the names	6155
of any persons or eligible subdivisions receiving funds from the	6156
commission, any amount so distributed, and the purpose for which	6157
the requested funds were required to be used. The report is	6158
subject to audit by the auditor of state under Chapter 117. of the	6159
Revised Code.	6160

Sec. 190.03. There is hereby created the severance tax	6161
infrastructure fund, which shall be in the custody of the	6162
treasurer of state, but shall not be a part of the state treasury.	6163
The fund shall consist of money transferred to it from the	6164
severance tax receipts fund under section 5749.02 of the Revised	6165
Code. Money in the fund shall be used by the Ohio shale products	6166
regional commission for the public purpose of awarding grants to	6167
eligible subdivisions to support and supplement investments in	6168
those subdivisions and to pay the expenses of the commission or	6169
members of the commission under division (E) of section 190.02 of	6170
the Revised Code and the expenses of the governor's office of	6171
Appalachian Ohio as authorized under division (F) of section	6172
190.02 of the Revised Code. Interest earned on the money in the	6173
fund shall be credited to the fund.	6174

The commission is the trustee of the severance tax	6175
infrastructure fund. Disbursements from the fund shall be paid by	6176
the treasurer of state only upon instruments duly authorized by	6177
the commission. At the request of the commission, the treasurer of	6178
state shall select and contract with one or more investment	6179
managers to invest money credited to the fund. The eligible list	6180
of investments shall be the same as for the public employees	6181
retirement system under section 145.11 of the Revised Code. All	6182
investments shall be subject to the same limitations and	6183
requirements as the retirement system under that section and	6184
sections 145.112 and 145.113 of the Revised Code.	6185

Sec. 190.04. There is hereby created the severance tax	6186
endowment fund, which shall be in the custody of the treasurer of	6187
state, but shall not be a part of the state treasury. The fund	6188
shall consist of money transferred to it from the severance tax	6189
receipts fund under section 5749.02 of the Revised Code. Money in	6190
the fund shall be used by the Ohio shale products regional	6191
commission for the public purpose of awarding grants for projects	6192
in subdivisions that were eligible subdivisions for any fiscal	6193
year that target long-term growth and continued prosperity in	6194
those subdivisions and to pay the expenses of the commission or	6195
members of the commission under division (E) of section 190.02 of	6196
the Revised Code and the expenses of the governor's office of	6197
Appalachian Ohio as authorized under division (F) of section	6198
190.02 of the Revised Code.	6199

The commission is the trustee of the severance tax endowment	6200
fund. Disbursements from the fund shall be paid by the treasurer	6201
of state only upon instruments duly authorized by the commission.	6202
At the request of the commission, the treasurer of state shall	6203
select and contract with one or more investment managers to invest	6204
money credited to the fund. The eligible list of investments shall	6205
be the same as for the public employees retirement system under	6206
section 145.11 of the Revised Code. All investments shall be	6207
subject to the same limitations and requirements as the retirement	6208
system under that section and sections 145.112 and 145.113 of the	6209
Revised Code.	6210

The commission shall not prepare instruments requesting	6211
disbursement from the severance tax endowment fund before July 1,	6212
2025. The treasurer of state shall not disburse money from the	6213
severance tax endowment fund before July 1, 2025.	6214

Sec. 191.01. As used in this chapter:

6215

(A) "Administrative safeguards," "availability,"	6216
"confidentiality," "integrity," "physical safeguards," and	6217
"technical safeguards" have the same meanings as in 45 C.F.R.	6218
164.304.	6219

(B) "Business associate," "covered entity," "health plan,"	6220
"individually identifiable health information," and "protected	6221
health information" have the same meanings as in 45 C.F.R.	6222
160.103.	6223

(C) "Executive director of the office of health	6224
transformation" or "executive director" means the executive	6225
director of the office of health transformation or the chief	6226
administrative officer of a successor governmental entity	6227
responsible for health system oversight in this state.	6228

(D) "Government program providing public benefits" means any	6229
program administered by a state agency that has been identified,	6230
pursuant to section 191.02 of the Revised Code, by the executive	6231
director of the office of health transformation in consultation	6232
with the individuals specified in that section.	6233

(E) "Office of health transformation" means the office of	6234
health transformation created by executive order 2011-02K.	6235

(F) "Operating protocol" means a protocol adopted by the	6236
executive director of the office of health transformation or the	6237
executive director's designee under division (D) of section 191.06	6238
of the Revised Code.	6239

(G) "Participating agency" means a state agency that	6240
participates in a health transformation initiative as specified in	6241
the one or more operating protocols adopted for the initiative	6242
under division (D) of section 191.06 of the Revised Code.	6243

(H) "Personally identifiable information" means information	6244
that meets both of the following criteria:	6245

(1) It identifies an individual or there is a reasonable	6246
basis to believe that it may be used to identify an individual;	6247

(2) It relates to an individual's eligibility for,	6248
application for, or receipt of public benefits from a government	6249
program providing public benefits.	6250

(I) "State agency" means each of the following:

6251

(1) The department of administrative services;

6252

(2) The department of aging;

6253

(3) The development services agency;

6254

(4) The department of developmental disabilities;

6255

(5) The department of education;

6256

(6) The department of health;

6257

(7) The department of insurance;

6258

(8) The department of job and family services;

6259

(9) The department of medicaid;

6260

(10) The department of mental health and addiction services;

6261

(11) The department of rehabilitation and correction;

6262

(12) The department of taxation;

6263

(13) The department of veterans services;

6264

(14) The department of youth services;

6265

(15) The opportunities for Ohioans with disabilities agency.

6266

(J) "Unsecured" has the same meaning as in 16 C.F.R. 318.2.

6267

Sec. 321.50. Every county treasurer who receives money from	6268
the county severance tax fund under division (C)(7)(b)(ii) of	6269
section 5749.02 of the Revised Code shall create in the county	6270
treasury a severance tax fund. The treasurer shall deposit any	6271
money so received in the fund. The treasurer shall notify the	6272
county auditor whenever the treasurer deposits money in the fund.	6273

Money in a county's severance tax fund shall be distributed	6274
according to an order of the county budget commission to	6275
subdivisions located in the county according to procedures and	6276
standards prescribed by the budget commission. The treasurer shall	6277
transfer money from the severance tax fund to subdivisions located	6278
in the county as prescribed in such order.	6279

Sec. 340.02. (A) For each alcohol, drug addiction, and	6280
mental health service district, there shall be appointed a board	6281
of alcohol, drug addiction, and mental health services consisting	6282
of eighteen members or fourteen members. Should the board of	6283
alcohol, drug addiction, and mental health services elect to	6284
remain at eighteen members, as provided under section 340.02 of	6285
the Revised Code as it existed immediately prior to the date of	6286
this amendment, the board of alcohol, drug addiction, and mental	6287
health services and the board of county commissioners shall not be	6288
required to take any action. Should the board of alcohol, drug	6289
addiction, and mental health services elect a recommendation to	6290
become a fourteen-member board, that recommendation must be	6291
approved by the board of county commissioners of the county in	6292
which the alcohol, drug addiction, and mental health district is	6293
located in order for the transition to a fourteen-member board to	6294
occur. Not later than September 30, 2013, each board of alcohol,	6295
drug addiction, and mental health services wishing to become a	6296
fourteen-member board shall notify the board of county	6297
commissioners of that recommendation. Failure of the board of	6298
county commissioners to take action within thirty days after	6299
receipt of the recommendation shall be deemed agreement by the	6300
board of county commissioners to transition to a fourteen-member	6301
board of alcohol, drug addiction, and mental health services.	6302
Should the board of county commissioners reject the	6303
recommendation, the board of county commissioners shall adopt a	6304
resolution stating that rejection within thirty days after receipt	6305
of the recommendation. Upon adoption of the resolution, the board	6306
of county commissioners shall meet with the board of alcohol, drug	6307
addiction, and mental health services to discuss the matter. After	6308
the meeting, the board of county commissioners shall notify the	6309
department of mental health and addiction services of its election	6310
not later than January 1, 2014. In a joint-county district, a	6311
majority of the boards of county commissioners must not reject the	6312
recommendation of a joint-county board to become a fourteen-member	6313
board in order for the transition to a fourteen-member board to	6314
occur. Should the joint-county district have an even number of	6315
counties, and the boards of county commissioners of these counties	6316
tie in terms of whether or not to accept the recommendation of the	6317
alcohol, drug addiction, and mental health services board, the	6318
recommendation of the alcohol, drug addiction, and mental health	6319
service board to become a fourteen-member board shall prevail. The	6320
election shall be final. Failure to provide notice of its election	6321
to the department on or before January 1, 2014, shall constitute	6322
an election to continue to operate as an eighteen-member board,	6323
which election shall also be final. If an existing board provides	6324
timely notice of its election to transition to operate as a	6325
fourteen-member board, the number of board members may decline	6326
from eighteen to fourteen by attrition as current members' terms	6327
expire. However, the composition of the board must reflect the	6328
requirements set forth in this section for fourteen-member boards.	6329
For all boards, half of the members shall be interested in mental	6330
health services and half of the members shall be interested in	6331
alcohol, drug, or gambling addiction services. All members shall	6332
be residents of the service district. The membership shall, as	6333
nearly as possible, reflect the composition of the population of	6334
the service district as to race and sex.	6335

(B) For boards operating as eighteen-member boards, the	6336
director of mental health and addiction services shall appoint	6337
eight members of the board and the board of county commissioners	6338
shall appoint ten members. For boards operating as fourteen-member	6339
boards, the director of mental health and addiction services shall	6340
appoint six members of the board and the board of county	6341
commissioners shall appoint eight members. In a joint-county	6342
district, the county commissioners of each participating county	6343
shall appoint members in as nearly as possible the same proportion	6344
as that county's population bears to the total population of the	6345
district, except that at least one member shall be appointed from	6346
each participating county.	6347

(C) The director of mental health and addiction services	6348
shall ensure that at least one member of the board is a clinician	6349
with experience in the delivery of mental health services, at	6350
least one member of the board is a person who has received or is	6351
receiving mental health services ~~paid for by public funds~~, at	6352
least one member of the board is a parent or other relative of	6353
such a person, at least one member of the board is a clinician	6354
with experience in the delivery of addiction services, at least	6355
one member of the board is a person who has received or is	6356
receiving addiction services ~~paid for by public funds~~, and at	6357
least one member of the board is a parent or other relative of	6358
such a person. A single member who meets both qualifications may	6359
fulfill the requirement for a clinician with experience in the	6360
delivery of mental health services and a clinician with experience	6361
in the delivery of addiction services.	6362

(D) No member or employee of a board of alcohol, drug	6363
addiction, and mental health services shall serve as a member of	6364
the board of any provider with which the board of alcohol, drug	6365
addiction, and mental health services has entered into a contract	6366
for the provision of services or facilities. No member of a board	6367
of alcohol, drug addiction, and mental health services shall be an	6368
employee of any provider with which the board has entered into a	6369
contract for the provision of services or facilities. No person	6370
shall be an employee of a board and such a provider unless the	6371
board and provider both agree in writing.	6372

(E) No person shall serve as a member of the board of	6373
alcohol, drug addiction, and mental health services whose spouse,	6374
child, parent, brother, sister, grandchild, stepparent, stepchild,	6375
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	6376
daughter-in-law, brother-in-law, or sister-in-law serves as a	6377
member of the board of any provider with which the board of	6378
alcohol, drug addiction, and mental health services has entered	6379
into a contract for the provision of services or facilities. No	6380
person shall serve as a member or employee of the board whose	6381
spouse, child, parent, brother, sister, stepparent, stepchild,	6382
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	6383
daughter-in-law, brother-in-law, or sister-in-law serves as a	6384
county commissioner of a county or counties in the alcohol, drug	6385
addiction, and mental health service district.	6386

(F) Each year each board member shall attend at least one	6387
inservice training session provided or approved by the department	6388
of mental health and addiction services.	6389

(G) For boards operating as eighteen-member boards, each	6390
member shall be appointed for a term of four years, commencing the	6391
first day of July, except that one-third of initial appointments	6392
to a newly established board, and to the extent possible to	6393
expanded boards, shall be for terms of two years, one-third of	6394
initial appointments shall be for terms of three years, and	6395
one-third of initial appointments shall be for terms of four	6396
years. For boards operating as fourteen-member boards, each member	6397
shall be appointed for a term of four years, commencing the first	6398
day of July, except that four of the initial appointments to a	6399
newly established board, and to the extent possible to expanded	6400
boards, shall be for terms of two years, five initial appointments	6401
shall be for terms of three years, and five initial appointments	6402
shall be for terms of four years. No member shall serve more than	6403
two consecutive four-year terms under the same appointing	6404
authority. A member may serve for three consecutive terms under	6405
the same appointing authority only if one of the terms is for less	6406
than two years. A member who has served two consecutive four-year	6407
terms or three consecutive terms totaling less than ten years is	6408
eligible for reappointment by the same appointing authority one	6409
year following the end of the second or third term, respectively.	6410

When a vacancy occurs, appointment for the expired or	6411
unexpired term shall be made in the same manner as an original	6412
appointment. The appointing authority shall be notified by	6413
certified mail of any vacancy and shall fill the vacancy within	6414
sixty days following that notice.	6415

Any member of the board may be removed from office by the	6416
appointing authority for neglect of duty, misconduct, or	6417
malfeasance in office, and shall be removed by the appointing	6418
authority if the member is barred by this section from serving as	6419
a board member. The member shall be informed in writing of the	6420
charges and afforded an opportunity for a hearing. Upon the	6421
absence of a member within one year from either four board	6422
meetings or from two board meetings without prior notice, the	6423
board shall notify the appointing authority, which may vacate the	6424
appointment and appoint another person to complete the member's	6425
term.	6426

Members of the board shall serve without compensation, but	6427
shall be reimbursed for actual and necessary expenses incurred in	6428
the performance of their official duties, as defined by rules of	6429
the department of mental health and addiction services.	6430

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	6431
health service district where the board of county commissioners	6432
has established an alcohol and drug addiction services board, the	6433
community mental health board established under former section	6434
340.02 of the Revised Code shall serve as the entity responsible	6435
for providing mental health services in the county. A community	6436
mental health board has all the powers, duties, and obligations of	6437
a board of alcohol, drug addiction, and mental health services	6438
with regard to mental health services. An alcohol and drug	6439
addiction services board has all the powers, duties, and	6440
obligations of a board of alcohol, drug addiction, and mental	6441
health services with regard to addiction services. Any provision	6442
of the Revised Code that refers to a board of alcohol, drug	6443
addiction, and mental health services with regard to mental health	6444
services also refers to a community mental health board and any	6445
provision that refers to a board of alcohol, drug addiction, and	6446
mental health services with regard to alcohol and drug addiction	6447
services also refers to an alcohol and drug addiction services	6448
board.	6449

An alcohol and drug addiction services board shall consist of	6450
eighteen members or fourteen members, at the election of the	6451
board. Not later than January 1, 2014, each alcohol and drug	6452
addiction services board shall notify the department of mental	6453
health and addiction services of its election to operate as an	6454
eighteen-member board or to operate as a fourteen-member board.	6455
The election shall be final. Failure to provide notice of its	6456
election to the department on or before January 1, 2014, shall	6457
constitute an election to continue to operate as an	6458
eighteen-member board. If an existing board provides timely notice	6459
of its election to operate as a fourteen-member board, the number	6460
of board members may decline from eighteen to fourteen by	6461
attrition as current members' terms expire. However, the	6462
composition of the board must reflect the requirements set forth	6463
in this section and in applicable provisions of section 340.02 of	6464
the Revised Code for fourteen-member boards. For boards operating	6465
as eighteen-member boards, six members shall be appointed by the	6466
director of mental health and addiction services and twelve	6467
members shall be appointed by the board of county commissioners.	6468
The director of mental health and addiction services shall ensure	6469
that at least one member of the board is a person who has received	6470
or is receiving services for alcohol, drug, or gambling addiction	6471
~~paid for with public funds~~, at least one member is a parent or	6472
relative of such a person, and at least one member is a clinician	6473
with experience in the delivery of addiction services. The	6474
membership of the board shall, as nearly as possible, reflect the	6475
composition of the population of the service district as to race	6476
and sex. Members shall be residents of the service district and	6477
shall be interested in alcohol, drug, or gambling addiction	6478
services. Requirements for membership, including prohibitions	6479
against certain family and business relationships, and terms of	6480
office shall be the same as those for members of boards of	6481
alcohol, drug addiction, and mental health services.	6482

A community mental health board shall consist of eighteen	6483
members or fourteen members, at the election of the board. Not	6484
later than January 1, 2014, each community mental health board	6485
shall notify the department of mental health and addiction	6486
services of its election to operate as an eighteen-member board or	6487
to operate as a fourteen-member board. The election shall be	6488
final. Failure to provide notice of its election to the department	6489
on or before January 1, 2014, shall constitute an election to	6490
continue to operate as an eighteen-member board. If an existing	6491
board provides timely notice of its election to operate as a	6492
fourteen-member board, the number of board members may decline	6493
from eighteen to fourteen by attrition as current members' terms	6494
expire. However, the composition of the board must reflect the	6495
requirements set forth in this section and in applicable	6496
provisions of section 340.02 of the Revised Code for	6497
fourteen-member boards. For boards operating as eighteen-member	6498
boards, six members shall be appointed by the director of mental	6499
health and addiction services and twelve members shall be	6500
appointed by the board of county commissioners. The director of	6501
mental health and addiction services shall ensure that at least	6502
one member of the board is a person who has received or is	6503
receiving mental health services ~~paid for with public funds~~, at	6504
least one member is a parent or relative of such a person, and at	6505
least one member is a clinician with experience in the delivery of	6506
mental health services. The membership of the board as nearly as	6507
possible shall reflect the composition of the population of the	6508
service district as to race and sex. Members shall be residents of	6509
the service district and shall be interested in mental health	6510
services. Requirements for membership, including prohibitions	6511
against certain family and business relationships, and terms of	6512
office shall be the same as those for members of boards of	6513
alcohol, drug addiction, and mental health services.	6514

(B)(1) If a board of county commissioners subject to division	6515
(A) of this section did not adopt a final resolution providing for	6516
a board of alcohol, drug addiction, and mental health services on	6517
or before July 1, 2007, the board of county commissioners may	6518
establish a board of alcohol, drug addiction, and mental health	6519
services on or after ~~the effective date of this amendment~~	6520
September 23, 2008. To establish the board, the board of county	6521
commissioners shall adopt a resolution providing for the board's	6522
establishment. The composition of the board, the procedures for	6523
appointing members, and all other matters related to the board and	6524
its members are subject to section 340.02 of the Revised Code,	6525
with the following exceptions:	6526

(a) For initial appointments to the board, the county's	6527
community mental health board and alcohol and drug addiction	6528
services board shall jointly recommend members of those boards for	6529
reappointment and shall submit the recommendations to the board of	6530
county commissioners and the director of mental health and	6531
addiction services.	6532

(b) To the greatest extent possible, the appointing	6533
authorities shall appoint the initial members from among the	6534
members jointly recommended under division (B)(1)(a) of this	6535
section.	6536

(2) If a board of alcohol, drug addiction, and mental health	6537
services is established pursuant to division (B)(1) of this	6538
section, the board has the same rights, privileges, immunities,	6539
powers, and duties that were possessed by the county's community	6540
mental health board and alcohol and drug addiction services board.	6541
When the board is established, all property and obligations of the	6542
community mental health board and alcohol and drug addiction	6543
services board shall be transferred to the board of alcohol, drug	6544
addiction, and mental health services.	6545

Sec. 718.15. A municipal corporation, by ordinance, may	6546
grant a refundable or nonrefundable credit against its tax on	6547
income to a taxpayer ~~that also receives a tax credit under section~~	6548
~~122.17 of the Revised Code~~to foster job creation in the municipal	6549
corporation. If a credit is granted under this section, it shall	6550
be measured as a percentage of the new income tax revenue the	6551
municipal corporation derives from new employees of the taxpayer	6552
and shall be for a term not exceeding fifteen years. Before the	6553
municipal corporation passes an ordinance granting a credit, the	6554
municipal corporation and the taxpayer shall enter into an	6555
agreement specifying all the conditions of the credit.	6556

Sec. 718.151. A municipal corporation, by ordinance, may	6557
grant a refundable or nonrefundable credit against its tax on	6558
income to a taxpayer ~~that receives a nonrefundable tax credit~~	6559
~~under section 122.171 of the Revised Code and may grant a~~	6560
~~refundable credit against its tax on income to a taxpayer that~~	6561
~~receives a refundable tax credit under that section~~for the	6562
purpose of fostering job retention in the municipal corporation.	6563
If a credit is granted under this section, it shall be measured as	6564
a percentage of the income tax revenue the municipal corporation	6565
derives from the retained employees of the taxpayer, and shall be	6566
for a term not exceeding fifteen years. Before a municipal	6567
corporation passes an ordinance allowing such a credit, the	6568
municipal corporation and the taxpayer shall enter into an	6569
agreement specifying all the conditions of the credit.	6570

Sec. 901.22. (A) The director of agriculture, in accordance	6571
with Chapter 119. of the Revised Code, shall adopt rules that do	6572
all of the following:	6573

(1) Establish procedures and eligibility criteria for making	6574
matching grants to municipal corporations, counties, townships,	6575
soil and water conservation districts established under Chapter	6576
1515. of the Revised Code, and charitable organizations described	6577
in division (B) of section 5301.69 of the Revised Code for the	6578
purchase of agricultural easements. With respect to agricultural	6579
easements that are purchased or proposed to be purchased with such	6580
matching grants that consist in whole or in part of moneys from	6581
the clean Ohio agricultural easement fund created in section	6582
901.21 of the Revised Code, the rules shall establish all of the	6583
following:	6584

(a) Procedures for all of the following:

6585

(i) Soliciting and accepting applications for matching	6586
grants;	6587

(ii) Participation by local governments and by the public in	6588
the process of making matching grants to charitable organizations;	6589

(iii) Notifying local governments, charitable organizations,	6590
and organizations that represent the interests of farmers of the	6591
ranking system established in rules adopted under division	6592
(A)(1)(b) of this section.	6593

(b) A ranking system for applications for the matching grants	6594
that is based on the soil type, proximity of the land or other	6595
land that is conducive to agriculture as defined by rules adopted	6596
under this section and that is the subject of an application to	6597
other agricultural land or other land that is conducive to	6598
agriculture as defined by rules adopted under this section and	6599
that is already or is in the process of becoming permanently	6600
protected from development, farm stewardship, development	6601
pressure, and, if applicable, a local comprehensive land use plan	6602
involved with a proposed agricultural easement. The rules shall	6603
require that preference be given to proposed agricultural	6604
easements that involve the greatest proportion of all of the	6605
following:	6606

(i) Prime soils, unique or locally important soils,	6607
microclimates, or similar features;	6608

(ii) Land that is adjacent to or that is in close proximity	6609
to other agricultural land or other land that is conducive to	6610
agriculture as defined by rules adopted under this section and	6611
that is already or is in the process of becoming permanently	6612
protected from development, by agricultural easement or otherwise,	6613
so that a buffer would exist between the land involving the	6614
proposed agricultural easement and areas that have been developed	6615
or likely will be developed for purposes other than agriculture;	6616

(iii) The use of best management practices, including	6617
federally or state approved conservation plans, and a history of	6618
substantial compliance with applicable federal and state laws;	6619

(iv) Development pressure that is imminent, but not a result	6620
of current location in the direct path of urban development;	6621

(v) Areas identified for agricultural protection in local	6622
comprehensive land use plans.	6623

(c) Any other criteria that the director determines are	6624
necessary for selecting applications for matching grants;	6625

(d) Requirements regarding the information that must be	6626
included in the annual monitoring report that must be prepared for	6627
an agricultural easement under division (E)(2) of section 5301.691	6628
of the Revised Code, procedures for submitting a copy of the	6629
report to the office of farmland preservation in the department of	6630
agriculture, and requirements and procedures governing corrective	6631
actions that may be necessary to enforce the terms of the	6632
agricultural easement.	6633

(2) Establish provisions that shall be included in the	6634
instrument conveying to a municipal corporation, county, township,	6635
soil and water conservation district, or charitable organization	6636
any agricultural easement purchased with matching grant funds	6637
provided by the director under this section, including, without	6638
limitation, all of the following provisions:	6639

(a) A provision stating that an easement so purchased may be	6640
extinguished only if an unexpected change in the conditions of or	6641
surrounding the land that is subject to the easement makes	6642
impossible or impractical the continued use of the land for the	6643
purposes described in the easement, or if the requirements of the	6644
easement are extinguished by judicial proceedings;	6645

(b) A provision requiring that, upon the sale, exchange, or	6646
involuntary conversion of the land subject to the easement, the	6647
holder of the easement shall be paid an amount of money that is at	6648
least equal to the proportionate value of the easement compared to	6649
the total value of the land at the time the easement was acquired;	6650

(c) A provision requiring that, upon receipt of the portion	6651
of the proceeds of a sale, exchange, or involuntary conversion	6652
described in division (A)(2)(b) of this section, the municipal	6653
corporation, county, township, soil and water conservation	6654
district, or charitable organization remit to the director an	6655
amount of money equal to the percentage of the cost of purchasing	6656
the easement it received as a matching grant under this section.	6657

Moneys received by the director pursuant to rules adopted	6658
under division (A)(2)(c) of this section shall be credited to the	6659
agricultural easement purchase fund created in section 901.21 of	6660
the Revised Code.	6661

(3) Establish a provision that provides a charitable	6662
organization, municipal corporation, township, county, or soil and	6663
water conservation district with the option of purchasing	6664
agricultural easements either in installments or with a lump sum	6665
payment. The rules shall include a requirement that a charitable	6666
organization, municipal corporation, township, county, or soil and	6667
water conservation district negotiate with the seller of the	6668
agricultural easement concerning any installment payment terms,	6669
including the dates and amounts of payments and the interest rate	6670
on the outstanding balance. The rules also shall require the	6671
director to approve any method of payment that is undertaken in	6672
accordance with the rules adopted under division (A)(3) of this	6673
section.	6674

(4) Establish any other requirements that the director	6675
considers to be necessary or appropriate to implement or	6676
administer a program to make matching grants under this section	6677
and monitor those grants.	6678

(B) The director may develop guidelines regarding the	6679
acquisition of agricultural easements by the department of	6680
agriculture and the provisions of instruments conveying those	6681
easements. The director may make the guidelines available to	6682
public and private entities authorized to acquire and hold	6683
agricultural easements.	6684

(C) The director may provide technical assistance in	6685
developing a program for the acquisition and monitoring of	6686
agricultural easements to public and private entities authorized	6687
to hold agricultural easements. The technical assistance may	6688
include, without limitation, reviewing and providing advisory	6689
recommendations regarding draft instruments conveying agricultural	6690
easements.	6691

(D)(1) The director may make matching grants from the	6692
agricultural easement purchase fund and the clean Ohio	6693
agricultural easement fund to municipal corporations, counties,	6694
townships, soil and water conservation districts, and charitable	6695
organizations to assist those political subdivisions and	6696
charitable organizations in purchasing agricultural easements.	6697
Application for a matching grant shall be made on forms prescribed	6698
and provided by the director. The matching grants shall be made in	6699
compliance with the criteria and procedures established in rules	6700
adopted under this section. Instruments conveying agricultural	6701
easements purchased with matching grant funds provided under this	6702
section, at a minimum, shall include the mandatory provisions set	6703
forth in those rules.	6704

Matching grants made under this division using moneys from	6705
the clean Ohio agricultural easement fund created in section	6706
901.21 of the Revised Code may provide up to seventy-five per cent	6707
of the value of an agricultural easement as determined by a	6708
general real estate appraiser who is certified under Chapter 4763.	6709
of the Revised Code or as determined through a points-based	6710
appraisal system established under division (D)(2) of this	6711
section. Not less than twenty-five per cent of the value of the	6712
agricultural easement shall be provided by the recipient of the	6713
matching grant or donated by the person who is transferring the	6714
easement to the grant recipient. The amount of such a matching	6715
grant used for the purchase of a single agricultural easement	6716
shall not exceed one million dollars.	6717

(2) The director shall establish a points-based appraisal	6718
system for the purposes of division (D)(1) of this section. The	6719
director may include any or all of the following factors in the	6720
system:	6721

(a) Whether the applicable county auditor has determined that	6722
the land is land that is devoted exclusively to agriculture for	6723
the purposes of sections 5713.30 to 5713.38 of the Revised Code;	6724

(b) Changes in land values following the completion of the	6725
applicable county auditor's reappraisal or triennial update;	6726

6727

(d) Proximity of the land to land that is already subject to	6728
an agricultural easement, conservation easement created under	6729
sections 5301.67 to 5301.70 of the Revised Code, or similar	6730
land-use limitation;	6731

(e) Proximity of the land to water and sewer lines, road	6732
interchanges, and nonagricultural development;	6733

(f) Parcel size and roadway frontage of the land;

6734

(g) Existence of an agreement entered into under division (D)	6735
of section 1515.08 of the Revised Code or of an operation and	6736
management plan developed under division (A) of section 1511.021	6737
of the Revised Code, as applicable;	6738

(h) Existence of a nutrient management plan developed under	6739
division (A) of section 939.03 of the Revised Code, as applicable;	6740

(i) Existence of a comprehensive plan that is adopted under	6741
section 303.02 or 519.02 of the Revised Code or that is adopted by	6742
the planning commission of a municipal corporation under section	6743
713.06 of the Revised Code;	6744

~~(i)~~(j) Any other factors that the director determines are	6745
necessary for inclusion in the system.	6746

(E) An agricultural easement acquired as a result of a	6747
matching grant awarded under division (D) of this section may	6748
include a provision to preserve a unique natural or physical	6749
feature on the land so long as the use of the land remains	6750
predominantly agricultural.	6751

(F) For any agricultural easement purchased with a matching	6752
grant that consists in whole or in part of moneys from the clean	6753
Ohio agricultural easement fund, the director shall be named as a	6754
grantee on the instrument conveying the easement, as shall the	6755
municipal corporation, county, township, soil and water	6756
conservation district, or charitable organization that receives	6757
the grant.	6758

(G)(1) The director shall monitor and evaluate the	6759
effectiveness and efficiency of the agricultural easement program	6760
as a farmland preservation tool. On or before July 1, 1999, and	6761
the first day of July of each year thereafter, the director shall	6762
prepare and submit a report to the chairpersons of the standing	6763
committees of the senate and the house of representatives that	6764
consider legislation regarding agriculture. The report shall	6765
consider and address the following criteria to determine the	6766
program's effectiveness:	6767

(a) The number of agricultural easements purchased during the	6768
preceding year;	6769

(b) The location of those easements;

6770

(c) The number of acres of land preserved for agricultural	6771
use;	6772

(d) The amount of money used by a municipal corporation,	6773
township, county, or soil and water conservation district from any	6774
fund to purchase the agricultural easements;	6775

(e) The number of state matching grants given to purchase the	6776
agricultural easements;	6777

(f) The amount of state matching grant moneys used to	6778
purchase the agricultural easements.	6779

(2) The report also shall consider and include, at a minimum,	6780
the following information for each county to determine the	6781
program's efficiency:	6782

(a) The total number of acres in the county;

6783

(b) The total number of acres in current agricultural use;

6784

(c) The total number of acres preserved for agricultural use	6785
in the preceding year;	6786

(d) The average cost, per acre, of land preserved for	6787
agricultural use in the preceding year.	6788

Sec. 903.01. As used in this chapter:

6789

(A) "Agricultural animal" means any animal generally used for	6790
food or in the production of food, including cattle, sheep, goats,	6791
rabbits, poultry, and swine; horses; alpacas; llamas; and any	6792
other animal included by the director of agriculture by rule.	6793
"Agricultural animal" does not include fish or other aquatic	6794
animals regardless of whether they are raised at fish hatcheries,	6795
fish farms, or other facilities that raise aquatic animals.	6796

(B) "Animal feeding facility" means a lot, building, or	6797
structure where both of the following conditions are met:	6798

(1) Agricultural animals have been, are, or will be stabled	6799
or confined and fed or maintained there for a total of forty-five	6800
days or more in any twelve-month period.	6801

(2) Crops, vegetative forage growth, or post-harvest residues	6802
are not sustained in the normal growing season over any portion of	6803
the lot, building, or structure.	6804

"Animal feeding facility" also includes land that is owned or	6805
leased by or otherwise is under the control of the owner or	6806
operator of the lot, building, or structure and on which manure	6807
originating from agricultural animals in the lot, building, or	6808
structure or a production area is or may be applied.	6809

Two or more animal feeding facilities under common ownership	6810
shall be considered to be a single animal feeding facility for the	6811
purposes of this chapter if they adjoin each other or if they use	6812
a common area or system for the disposal of manure.	6813

(C) "Animal feeding operation" has the same meaning as	6814
"animal feeding facility."	6815

(D) "Cattle" includes, but is not limited to, heifers,	6816
steers, bulls, and cow and calf pairs.	6817

(E) "Concentrated animal feeding facility" means an animal	6818
feeding facility with a total design capacity equal to or more	6819
than the number of animals specified in any of the categories in	6820
division (M) of this section.	6821

(F) "Concentrated animal feeding operation" means an animal	6822
feeding facility that complies with one of the following:	6823

(1) Has a total design capacity equal to or more than the	6824
number of animals specified in any of the categories in division	6825
(M) of this section;	6826

(2) Satisfies the criteria in division (M), (Q), or (FF) of	6827
this section;	6828

(3) Is designated by the director of agriculture as a medium	6829
or small concentrated animal feeding operation pursuant to rules.	6830

(G) "Discharge" means to add from a point source to waters of	6831
the state.	6832

(H) "Federal Water Pollution Control Act" means the "Federal	6833
Water Pollution Control Act Amendments of 1972," 86 Stat. 816, 33	6834
U.S.C. 1251 et. seq., as amended, and regulations adopted under	6835
it.	6836

(I) "Finalized," with respect to the programs required under	6837
division (A)(1) of section 903.02 and division (A)(1) of section	6838
903.03 of the Revised Code, means that all rules that are	6839
necessary for the administration of this chapter have been adopted	6840
and all employees of the department of agriculture that are	6841
necessary for the administration of this chapter have been	6842
employed.	6843

(J) "General permit" has the meaning that is established in	6844
rules.	6845

(K) "Individual permit" has the meaning that is established	6846
in rules.	6847

(L) "Installation permit" means a permit for the installation	6848
or modification of a disposal system or any part of a disposal	6849
system issued by the director of environmental protection under	6850
division (J)(1) of section 6111.03 of the Revised Code.	6851

(M) "Large concentrated animal feeding operation" means an	6852
animal feeding facility that stables or confines at least the	6853
number of animals specified in any of the following categories:	6854

(1) Seven hundred mature dairy cattle whether milked or dry;

6855

(2) One thousand veal calves;

6856

(3) One thousand cattle other than mature dairy cattle or	6857
veal calves;	6858

(4) Two thousand five hundred swine that each weigh	6859
fifty-five pounds or more;	6860

(5) Ten thousand swine that each weigh less than fifty-five	6861
pounds;	6862

(6) Five hundred horses;

6863

(7) Ten thousand sheep or lambs;

6864

(8) Fifty-five thousand turkeys;

6865

(9) Thirty thousand laying hens or broilers if the animal	6866
feeding facility uses a liquid manure handling system;	6867

(10) One hundred twenty-five thousand chickens, other than	6868
laying hens, if the animal feeding facility uses a manure handling	6869
system that is not a liquid manure handling system;	6870

(11) Eighty-two thousand laying hens if the animal feeding	6871
facility uses a manure handling system that is not a liquid manure	6872
handling system;	6873

(12) Thirty thousand ducks if the animal feeding facility	6874
uses a manure handling system that is not a liquid manure handling	6875
system;	6876

(13) Five thousand ducks if the animal feeding facility uses	6877
a liquid manure handling system.	6878

(N) "Major concentrated animal feeding facility" means a	6879
concentrated animal feeding facility with a total design capacity	6880
of more than ten times the number of animals specified in any of	6881
the categories in division (M) of this section.	6882

(O) "Manure" means any of the following wastes used in or	6883
resulting from the production of agricultural animals or direct	6884
agricultural products such as milk or eggs: animal excreta,	6885
discarded products, bedding, process waste water, process	6886
generated waste water, waste feed, silage drainage, and compost	6887
products resulting from mortality composting or the composting of	6888
animal excreta.	6889

(P) "Manure storage or treatment facility" means any	6890
excavated, diked, or walled structure or combination of structures	6891
designed for the biological stabilization, holding, or storage of	6892
manure.	6893

(Q) "Medium concentrated animal feeding operation" means an	6894
animal feeding facility that satisfies both of the following:	6895

(1) The facility stables or confines the number of animals	6896
specified in any of the following categories:	6897

(a) Two hundred to six hundred ninety-nine mature dairy	6898
cattle whether milked or dry;	6899

(b) Three hundred to nine hundred ninety-nine veal calves;

6900

(c) Three hundred to nine hundred ninety-nine cattle other	6901
than mature dairy cattle or veal calves;	6902

(d) Seven hundred fifty to two thousand four hundred	6903
ninety-nine swine that each weigh fifty-five pounds or more;	6904

(e) Three thousand to nine thousand nine hundred ninety-nine	6905
swine that each weigh less than fifty-five pounds;	6906

(f) One hundred fifty to four hundred ninety-nine horses;

6907

(g) Three thousand to nine thousand nine hundred ninety-nine	6908
sheep or lambs;	6909

(h) Sixteen thousand five hundred to fifty-four thousand nine	6910
hundred ninety-nine turkeys;	6911

(i) Nine thousand to twenty-nine thousand nine hundred	6912
ninety-nine laying hens or broilers if the animal feeding facility	6913
uses a liquid manure handling system;	6914

(j) Thirty-seven thousand five hundred to one hundred	6915
twenty-four thousand nine hundred ninety-nine chickens, other than	6916
laying hens, if the animal feeding facility uses a manure handling	6917
system that is not a liquid manure handling system;	6918

(k) Twenty-five thousand to eighty-one thousand nine hundred	6919
ninety-nine laying hens if the animal feeding facility uses a	6920
manure handling system that is not a liquid manure handling	6921
system;	6922

(l) Ten thousand to twenty-nine thousand nine hundred	6923
ninety-nine ducks if the animal feeding facility uses a manure	6924
handling system that is not a liquid manure handling system;	6925

(m) One thousand five hundred to four thousand nine hundred	6926
ninety-nine ducks if the animal feeding facility uses a liquid	6927
manure handling system.	6928

(2) The facility does one of the following:

6929

(a) Discharges pollutants into waters of the United States	6930
through a ditch constructed by humans, a flushing system	6931
constructed by humans, or another similar device constructed by	6932
humans;	6933

(b) Discharges pollutants directly into waters of the United	6934
States that originate outside of and that pass over, across, or	6935
through the facility or otherwise come into direct contact with	6936
the animals at the facility.	6937

"Medium concentrated animal feeding operation" includes an	6938
animal feeding facility that is designated by the director as a	6939
medium concentrated animal feeding operation pursuant to rules.	6940

(R) "Mortality composting" means the controlled decomposition	6941
of organic solid material consisting of dead animals that	6942
stabilizes the organic fraction of the material.	6943

(S) "NPDES permit" means a permit issued under the national	6944
pollutant discharge elimination system established in section 402	6945
of the Federal Water Pollution Control Act and includes the	6946
renewal of such a permit. "NPDES permit" includes the federally	6947
enforceable provisions of a permit to operate into which NPDES	6948
permit provisions have been incorporated.	6949

(T) "Permit" includes an initial, renewed, or modified permit	6950
to install, permit to operate, NPDES permit, and installation	6951
permit unless expressly stated otherwise.	6952

(U) "Permit to install" means a permit issued under section	6953
903.02 of the Revised Code.	6954

(V) "Permit to operate" means a permit issued or renewed	6955
under section 903.03 of the Revised Code and includes incorporated	6956
NPDES permit provisions, if applicable.	6957

(W) "Person" has the same meaning as in section 1.59 of the	6958
Revised Code and also includes the state, any political	6959
subdivision of the state, any interstate body created by compact,	6960
the United States, or any department, agency, or instrumentality	6961
of any of those entities.	6962

(X) "Point source" has the same meaning as in the Federal	6963
Water Pollution Control Act.	6964

(Y) "Pollutant" means dredged spoil, solid waste, incinerator	6965
residue, filter backwash, sewage, garbage, sewage sludge,	6966
munitions, chemical wastes, biological materials, radioactive	6967
materials except those regulated under the "Atomic Energy Act of	6968
1954," 68 Stat. 919, 42 U.S.C. 2011, as amended, heat, wrecked or	6969
discarded equipment, rock, sand, cellar dirt, and industrial,	6970
municipal, and agricultural waste, including manure, discharged	6971
into water. "Pollutant" does not include either of the following:	6972

(1) Sewage from vessels;

6973

(2) Water, gas, or other material that is injected into a	6974
well to facilitate production of oil or gas, or water derived in	6975
association with oil and gas production and disposed of in a well,	6976
if the well that is used either to facilitate production or for	6977
disposal purposes is approved by the state and if the state	6978
determines that the injection or disposal will not result in the	6979
degradation of ground or surface water resources.	6980

(Z) "Process generated waste water" means water that is	6981
directly or indirectly used in the operation of an animal feeding	6982
facility for any of the following:	6983

(1) Spillage or overflow from animal watering systems;

6984

(2) Washing, cleaning, or flushing pens, barns, manure pits,	6985
or other areas of an animal feeding facility;	6986

(3) Direct contact swimming, washing, or spray cooling of	6987
animals;	6988

(4) Dust control.

6989

(AA) "Process waste water" means any process generated waste	6990
water and any precipitation, including rain or snow, that comes	6991
into contact with manure, litter, bedding, or any other raw	6992
material or intermediate or final material or product used in or	6993
resulting from the production of animals or direct products such	6994
as milk or eggs.	6995

(BB) "Production area" means any of the following components	6996
of an animal feeding facility:	6997

(1) Animal confinement areas, including, but not limited to,	6998
open lots, housed lots, feedlots, confinement houses, stall barns,	6999
free stall barns, milkrooms, milking centers, cowyards, barnyards,	7000
medication pens, animal walkways, and stables;	7001

(2) Manure storage areas, including, but not limited to,	7002
manure storage or treatment facilities;	7003

(3) Raw material storage areas, including, but not limited	7004
to, feed silos, silage bunkers, commodity buildings, and bedding	7005
materials;	7006

(4) Waste containment areas, including, but not limited to,	7007
any of the following:	7008

(a) An egg washing or egg processing facility;

7009

(b) An area used in the storage, handling, treatment, or	7010
disposal of mortalities;	7011

(c) Settling basins, runoff ponds, liquid impoundments, and	7012
areas within berms and diversions that are designed and maintained	7013
to separate uncontaminated storm water runoff from contaminated	7014
water and to contain and treat contaminated storm water runoff.	7015

(CC) "Public meeting" means a nonadversarial public hearing	7016
at which a person may present written or oral statements for the	7017
director of agriculture's consideration and includes public	7018
hearings held under section 6111.12 of the Revised Code.	7019

(DD) ~~"Review compliance certificate" means a certificate~~	7020
~~issued under section 903.04 of the Revised Code.~~	7021

~~(EE)~~ "Rule" means a rule adopted under section 903.10 of the	7022
Revised Code.	7023

~~(FF)~~(EE) "Small concentrated animal feeding operation" means	7024
an animal feeding facility that is not a large or medium	7025
concentrated animal feeding operation and that is designated by	7026
the director as a small concentrated animal feeding operation	7027
pursuant to rules.	7028

~~(GG)~~(FF) "Waters of the state" has the same meaning as in	7029
section 6111.01 of the Revised Code.	7030

Sec. 903.03. (A)(1) Not later than one hundred eighty days	7031
after March 15, 2001, the director of agriculture shall prepare a	7032
program for the issuance of permits to operate under this section.	7033

(2) Except for a concentrated animal feeding facility that is	7034
operating under an installation permit ~~or a review compliance~~	7035
~~certificate~~, on and after the date on which the director has	7036
finalized the program required under division (A)(1) of this	7037
section, no person shall own or operate a concentrated animal	7038
feeding facility without a permit to operate issued by the	7039
director under this section.	7040

(B) The director or the director's authorized representative	7041
may help an applicant for a permit to operate during the	7042
permitting process by providing guidance and technical assistance.	7043

(C) An applicant for a permit to operate shall submit a fee	7044
in an amount established by rule together with, except as	7045
otherwise provided in division (E) of this section, an application	7046
to the director on a form that the director prescribes and	7047
provides. The applicant shall include with the application all of	7048
the following information:	7049

(1) The name and address of the applicant, of all partners if	7050
the applicant is a partnership, of all members if the applicant is	7051
a limited liability company, or of all officers and directors if	7052
the applicant is a corporation, and of any other person who has a	7053
right to control or in fact controls management of the applicant	7054
or the selection of officers, directors, or managers of the	7055
applicant. As used in division (C)(1) of this section, "control"	7056
has the same meaning as in division (C)(1) of section 903.02 of	7057
the Revised Code.	7058

(2) Information concerning the applicant's past compliance	7059
with laws pertaining to environmental protection that is required	7060
to be provided under section 903.05 of the Revised Code, if	7061
applicable;	7062

(3) A manure management plan for the concentrated animal	7063
feeding facility that conforms to best management practices	7064
regarding the handling, storage, transportation, and land	7065
application of manure generated at the facility and that contains	7066
any other information required by rule;	7067

(4) An insect and rodent control plan for the concentrated	7068
animal feeding facility that conforms to best management practices	7069
and is prepared in accordance with section 903.06 of the Revised	7070
Code;	7071

(5) In the case of an application for a major concentrated	7072
animal feeding facility, written proof that the person who would	7073
be responsible for the supervision of the management and handling	7074
of manure at the facility has been issued a livestock manager	7075
certification in accordance with section 903.07 of the Revised	7076
Code or will obtain a livestock manager certification prior to	7077
applying any manure to land.	7078

(D) The director shall issue permits to operate in accordance	7079
with section 903.09 of the Revised Code. The director shall deny a	7080
permit to operate if either of the following applies:	7081

(1) The permit application contains misleading or false	7082
information;.	7083

(2) The manure management plan or insect and rodent control	7084
plan fails to conform to best management practices.	7085

Additional grounds for the denial of a permit to operate	7086
shall be those established in this chapter and in rules.	7087

(E) The director shall issue general permits to operate for	7088
categories of concentrated animal feeding facilities that will	7089
apply in lieu of individual permits to operate, provided that each	7090
category of facilities meets all of the criteria established in	7091
rules for general permits to operate. A person who is required to	7092
obtain a permit to operate shall submit to the director a notice	7093
of the person's intent to be covered under an existing general	7094
permit or, at the person's option, shall submit an application for	7095
an individual permit to operate. Upon receipt of a notice of	7096
intent to be covered under an existing general permit, the	7097
director shall notify the applicant in writing that the person is	7098
covered by the general permit if the person satisfies the criteria	7099
established in rules for eligibility for such coverage. If the	7100
person is ineligible for coverage under the general permit, the	7101
director shall require the submission of an application for an	7102
individual permit to operate.	7103

(F) A permit to operate shall be valid for a period of five	7104
years.	7105

(G) A permit to operate may be renewed. An application for	7106
renewal of a permit to operate shall be submitted to the director	7107
at least one hundred eighty days prior to the expiration date of	7108
the permit to operate and shall comply with the requirements	7109
governing applications for permits to operate that are established	7110
under this section and by rules, including requirements pertaining	7111
to public notice and participation.	7112

(H) The director may modify, suspend, or revoke a permit to	7113
operate in accordance with rules.	7114

(I) The owner or operator of a concentrated animal feeding	7115
facility who proposes to make a major operational change at the	7116
facility shall submit an application for approval of the change to	7117
the director in accordance with rules.	7118

Sec. 903.07. (A) On and after the date that is established	7119
in rules by the director of agriculture, both of the following	7120
apply:	7121

(1) The management and handling of manure at a major	7122
concentrated animal feeding facility, including the land	7123
application of manure or the removal of manure from a manure	7124
storage or treatment facility, shall be conducted only by or under	7125
the supervision of a person holding a livestock manager	7126
certification issued under this section. A person managing or	7127
handling manure who is acting under the instructions and control	7128
of a person holding a livestock manager certification is	7129
considered to be under the supervision of the certificate holder	7130
if the certificate holder is responsible for the actions of the	7131
person and is available when needed even though the certificate	7132
holder is not physically present at the time of the manure	7133
management or handling.	7134

(2) No person shall transport and land apply annually or buy,	7135
sell, or land apply annually the volume of manure established in	7136
rules adopted by the director under division ~~(E)~~(D)(5) of section	7137
903.10 of the Revised Code unless the person holds a livestock	7138
manager certification issued under this section.	7139

(B) The director shall issue a livestock manager	7140
certification to a person who has submitted a complete application	7141
for certification on a form prescribed and provided by the	7142
director, together with the appropriate application fee, and who	7143
has completed successfully the required training and has passed	7144
the required examination. The director may suspend or revoke a	7145
livestock manager certification and may reinstate a suspended or	7146
revoked livestock manager certification in accordance with rules.	7147

(C) Information required to be included in an application for	7148
a livestock manager certification, the amount of the application	7149
fee, requirements regarding training and the examination,	7150
requirements governing the management and handling of manure,	7151
including the land application of manure, and requirements	7152
governing the keeping of records regarding the handling of manure,	7153
including the land application of manure, shall be established in	7154
rules.	7155

Sec. 903.082. (A) The director of agriculture may determine	7156
that an animal feeding facility that is not a concentrated animal	7157
feeding facility nevertheless shall be required to apply for and	7158
receive a permit to operate when all of the following apply:	7159

(1) The director has ~~received from the chief of the division~~	7160
~~of soil and water resources in the department of natural resources~~	7161
~~a copy of an order issued~~specified a corrective action to be	7162
taken under section ~~1511.02~~939.09 of the Revised Code ~~that~~	7163
~~specifies that the animal feeding facility has caused agricultural~~	7164
~~pollution by failure to comply with standards established under~~	7165
~~that section and that the animal feeding facility therefore should~~	7166
~~be required to be permitted as a concentrated animal feeding~~	7167
~~facility~~.	7168

(2) The director or the director's authorized representative	7169
has inspected the animal feeding facility.	7170

(3) The director or the director's authorized representative	7171
finds that the facility is not being operated in a manner that	7172
protects the waters of the state.	7173

(B) In a situation in which best management practices cannot	7174
be implemented without modifying the existing animal feeding	7175
facility, the owner or operator of the facility shall apply for a	7176
permit to install for the facility.	7177

(C) In the case of an animal feeding facility for which a	7178
permit to operate is required under this section, a permit to	7179
operate shall not be required after the end of the five-year term	7180
of the permit if the problems that caused the facility to be	7181
required to obtain the permit have been corrected to the	7182
director's satisfaction.	7183

Sec. 903.09. (A) Prior to issuing or modifying a permit to	7184
install, permit to operate, or NPDES permit, the director of	7185
agriculture shall issue a draft permit. The director or the	7186
director's representative shall mail notice of the issuance of a	7187
draft permit to the applicant and shall publish the notice once in	7188
a newspaper of general circulation in the county in which the	7189
concentrated animal feeding facility or discharger is located or	7190
proposed to be located. The director shall mail notice of the	7191
issuance of a draft permit and a copy of the draft permit to the	7192
board of county commissioners of the county and the board of	7193
township trustees of the township in which the concentrated animal	7194
feeding facility or discharger is located or proposed to be	7195
located. The director or the director's representative also shall	7196
provide notice of the issuance of a draft NPDES permit to any	7197
other persons that are entitled to notice under the Federal Water	7198
Pollution Control Act. Notice of the issuance of a draft permit to	7199
install, permit to operate, or NPDES permit shall include the	7200
address where written comments concerning the draft permit may be	7201
submitted and the period of time during which comments will be	7202
accepted as established by rule.	7203

If the director receives written comments in an amount that	7204
demonstrates significant public interest, as defined by rule, in	7205
the draft permit, the director shall schedule one public meeting	7206
to provide information to the public and to hear comments	7207
pertinent to the draft permit. The notice of the public meeting	7208
shall be provided in the same manner as the notice of the issuance	7209
of the draft permit.	7210

(B) If a person is required to obtain both a permit to	7211
install and a permit to operate, including any permit to operate	7212
with NPDES provisions, and public meetings are required for both	7213
permits, the public meetings for the permits shall be combined.	7214

(C) The director shall apply the antidegradation policy	7215
adopted under section 6111.12 of the Revised Code to permits	7216
issued under this chapter to the same degree and under the same	7217
circumstances as it applies to permits issued under Chapter 6111.	7218
of the Revised Code. The director shall hold one public meeting to	7219
consider antidegradation issues when such a meeting is required by	7220
the antidegradation policy. When allowed by the antidegradation	7221
policy, the director shall hold the public meeting on	7222
antidegradation issues concurrently with any public meeting held	7223
for the draft permit.	7224

(D) The director or the director's representative shall	7225
publish notice of the issuance of a final permit to install,	7226
permit to operate, or NPDES permit once in a newspaper of general	7227
circulation in the county in which the concentrated animal feeding	7228
facility or discharger is located.	7229

(E) Notice or a public meeting is not required for the	7230
modification of a permit made with the consent of the permittee	7231
for the correction of typographical errors.	7232

(F) The denial, modification, suspension, or revocation of a	7233
permit to install, permit to operate, or NPDES permit without the	7234
consent of the applicant or permittee shall be preceded by a	7235
proposed action stating the director's intention to issue an order	7236
with respect to the permit and the reasons for it.	7237

The director shall mail to the applicant or the permittee	7238
notice of the director's proposed action to deny, modify, suspend,	7239
or revoke a permit to install, permit to operate, or NPDES permit.	7240
The director shall publish the notice once in a newspaper of	7241
general circulation in the county in which the concentrated animal	7242
feeding facility or concentrated animal feeding operation is	7243
located or proposed to be located. The director shall mail a copy	7244
of the notice of the proposed action to the board of county	7245
commissioners of the county and to the board of township trustees	7246
of the township in which the concentrated animal feeding facility	7247
or concentrated animal feeding operation is located or proposed to	7248
be located. The director also shall provide notice of the	7249
director's proposed action to deny, modify, suspend, or revoke a	7250
permit to install, permit to operate, or NPDES permit to any other	7251
person that is entitled to notice under the Federal Water	7252
Pollution Control Act. The notice of the director's proposed	7253
action to deny, modify, suspend, or revoke a permit to install,	7254
permit to operate, or NPDES permit shall include the address where	7255
written comments concerning the director's proposed action may be	7256
submitted and the period of time during which comments will be	7257
accepted as established by rule. If the director receives written	7258
comments in an amount that demonstrates significant public	7259
interest, as defined by rule, the director shall schedule one	7260
public meeting to provide information to the public and to hear	7261
comments pertinent to the proposed action. The notice of the	7262
public meeting shall be provided in the same manner as the notice	7263
of the director's proposed action.	7264

The director shall not issue an order that makes the proposed	7265
action final until the applicant or permittee has had an	7266
opportunity for an adjudication hearing in accordance with Chapter	7267
119. of the Revised Code, except that section 119.12 of the	7268
Revised Code does not apply. An order of the director that	7269
finalizes the proposed action or an order issuing a permit without	7270
a prior proposed action may be appealed to the environmental	7271
review appeals commission under sections 3745.04 to 3745.06 of the	7272
Revised Code.	7273

(G)(1) The director shall issue an order issuing or denying	7274
an application for a permit to operate that contains NPDES	7275
provisions or for a NPDES permit, as well as any application for a	7276
permit to install that is submitted simultaneously, not later than	7277
one hundred eighty days after receiving the application.	7278

(2) In the case of an application for a permit to install or	7279
permit to operate that is not connected with an application for a	7280
NPDES permit, the director shall issue or propose to deny the	7281
permit not later than ninety days after receiving the application.	7282
If the director has proposed to deny the permit to install or	7283
permit to operate under division (G)(2) of this section, the	7284
director shall issue an order denying the permit or, if the	7285
director decides against the proposed denial, issuing the permit	7286
not later than one hundred eighty days after receiving the	7287
application. If the director denies the permit, the director shall	7288
notify the applicant in writing of the reason for the denial.	7289

(H) All rulemaking and the issuance of civil penalties under	7290
this chapter shall comply with Chapter 119. of the Revised Code.	7291

(I) Upon the transfer of ownership of an animal feeding	7292
facility for which a permit to install, an installation permit, a	7293
~~review compliance certificate,~~ or a permit to operate that	7294
contains no NPDES provisions has been issued, the permit or	7295
~~certificate~~ shall be transferred to the new owner of the animal	7296
feeding facility except as provided in division (C) of section	7297
903.05 of the Revised Code. In the case of the transfer of	7298
ownership of a point source for which a NPDES permit or a permit	7299
to operate that contains NPDES provisions has been issued, the	7300
permit shall be transferred in accordance with rules.	7301

(J) Applications for installation permits for animal feeding	7302
facilities pending before the director of environmental protection	7303
on the date on which the director of agriculture has finalized the	7304
programs required under division (A)(1) of section 903.02 and	7305
division (A)(1) of section 903.03 of the Revised Code shall be	7306
transferred to the director of agriculture. In the case of an	7307
applicant who is required to obtain a permit to install and a	7308
permit to operate under sections 903.02 and 903.03, respectively,	7309
of the Revised Code, the director of agriculture shall process the	7310
pending application for an installation permit as an application	7311
for a permit to install and a permit to operate.	7312

(K) Applications for NPDES permits for either of the	7313
following that are pending before the director of environmental	7314
protection on the date on which the United States environmental	7315
protection agency approves the NPDES program submitted by the	7316
director of agriculture under section 903.08 of the Revised Code	7317
shall be transferred to the director of agriculture:	7318

(1) The discharge of pollutants from a concentrated animal	7319
feeding operation;	7320

(2) The discharge of storm water resulting from an animal	7321
feeding facility.	7322

In the case of an applicant who is required to obtain a NPDES	7323
permit under section 903.08 of the Revised Code, the director of	7324
agriculture shall process the pending application as an	7325
application for a NPDES permit under that section.	7326

Sec. 903.10. The director of agriculture may adopt rules in	7327
accordance with Chapter 119. of the Revised Code that do all of	7328
the following:	7329

(A) Establish all of the following concerning permits to	7330
install and permits to operate:	7331

(1) A description of what constitutes a modification of a	7332
concentrated animal feeding facility;	7333

(2) A description of what constitutes a major operational	7334
change at a concentrated animal feeding facility;	7335

(3) The amount of the fee that must be submitted with each	7336
permit application and each application for a permit modification;	7337

(4) Information that must be included in the designs and	7338
plans required to be submitted with an application for a permit to	7339
install and criteria for approving, disapproving, or requiring	7340
modification of the designs and plans;	7341

(5) Information that must be included in a manure management	7342
plan required to be submitted with an application for a permit to	7343
operate;	7344

(6) Information that must be included in an application for	7345
the modification of an installation permit, a permit to install,	7346
or a permit to operate;	7347

(7) Information that must be included in an application for	7348
approval of a major operational change at a concentrated animal	7349
feeding facility;	7350

(8) Any additional information that must be included with a	7351
permit application;	7352

(9) Procedures for the issuance, denial, modification,	7353
transfer, suspension, and revocation of permits to install and	7354
permits to operate, including general permits;	7355

(10) Procedures for the approval or denial of an application	7356
for approval of a major operational change at a concentrated	7357
animal feeding facility;	7358

(11) Grounds for the denial, modification, suspension, or	7359
revocation of permits to install and permits to operate in	7360
addition to the grounds established in division (D) of section	7361
903.02 and division (D) of section 903.03 of the Revised Code;	7362

(12) Grounds for the denial of an application for approval of	7363
a major operational change at a concentrated animal feeding	7364
facility;	7365

(13) A requirement that a person that is required to obtain	7366
both a permit to install and a permit to operate submit	7367
applications for those permits simultaneously;	7368

(14) A definition of "general permit to operate" that	7369
establishes categories of concentrated animal feeding facilities	7370
to be covered under such a permit and a definition of "individual	7371
permit to operate" together with the criteria for issuing a	7372
general permit to operate and the criteria for determining a	7373
person's eligibility to operate under a general permit to operate.	7374

(B) ~~Establish all of the following for the purposes of review~~	7375
~~compliance certificates issued under section 903.04 of the Revised~~	7376
~~Code:~~	7377

~~(1) The form of a certificate;~~

7378

~~(2) Criteria for what constitutes a significant capital~~	7379
~~expenditure under division (D) of that section;~~	7380

~~(3) Deadlines and procedures for submitting information under~~	7381
~~division (E)(2) of that section.~~	7382

~~(C)~~ Establish best management practices that minimize water	7383
pollution, odors, insects, and rodents, that govern the land	7384
application of manure that originated at a concentrated animal	7385
feeding facility, and that govern all of the following activities	7386
that occur at a concentrated animal feeding facility:	7387

(1) Manure management, including the storage, handling,	7388
transportation, and land application of manure. Rules adopted	7389
under division ~~(C)~~(B)(1) of this section shall include practices	7390
that prevent surface and ground water contamination caused by the	7391
storage of manure or the land application of manure and prevent	7392
the contamination of water in drainage tiles that may be caused by	7393
that application.	7394

(2) Disposal of dead livestock;

7395

(3) Production of biodiesel, biomass energy, electric or heat	7396
energy, and biologically derived methane gas as those terms are	7397
defined in section 5713.30 of the Revised Code;	7398

(4) Any other activity that the director considers	7399
appropriate.	7400

Best management practices established in rules adopted under	7401
division ~~(C)~~(B) of this section shall not conflict with best	7402
management practices established in rules that have been adopted	7403
under any other section of the Revised Code. The rules adopted	7404
under division ~~(C)~~(B) of this section shall establish guidelines	7405
that require owners or operators of concentrated animal feeding	7406
facilities to consult with and work with local officials,	7407
including boards of county commissioners and boards of township	7408
trustees, in addressing issues related to local government	7409
infrastructure needs and the financing of that infrastructure.	7410

~~(D)~~(C) Establish all of the following concerning insect and	7411
rodent control plans required under section 903.06 of the Revised	7412
Code:	7413

(1) The information to be included in an insect and rodent	7414
control plan;	7415

(2) Criteria for approving, disapproving, or requiring	7416
modification of an insect and rodent control plan;	7417

(3) Criteria for determining compliance with or violation of	7418
an insect and rodent control plan;	7419

(4) Procedures and standards for monitoring insect and rodent	7420
control plans;	7421

(5) Procedures and standards for enforcing insect and rodent	7422
control plans at concentrated animal feeding facilities at which	7423
insects or rodents constitute a nuisance or adversely affect	7424
public health;	7425

(6) The amount of civil penalties for violation of an insect	7426
and rodent control plan assessed by the director of agriculture	7427
under division (B) of section 903.16 of the Revised Code, provided	7428
that the rules adopted under division ~~(D)~~(C)(6) of this section	7429
shall not establish a civil penalty of more than ten thousand	7430
dollars for a violation involving a concentrated animal feeding	7431
facility that is not a major concentrated animal feeding facility	7432
and shall not establish a civil penalty of more than twenty-five	7433
thousand dollars for a violation involving a major concentrated	7434
animal feeding facility;	7435

(7) The time period within which the director must approve or	7436
deny an insect and rodent control plan after receiving it;	7437

(8) Any other provisions necessary to administer and enforce	7438
section 903.12 of the Revised Code.	7439

~~(E)~~(D) Establish all of the following concerning livestock	7440
manager certifications required under section 903.07 of the	7441
Revised Code:	7442

(1) The information to be included in an application for a	7443
livestock manager certification and the amount of the application	7444
fee;	7445

(2) The content of the training required to be completed and	7446
of the examination required to be passed by an applicant for a	7447
livestock manager certification. The training shall include and	7448
the examination shall test the applicant's knowledge of	7449
information on topics that include calculating nutrient values in	7450
manure, devising and implementing a plan for the land application	7451
of manure, removing manure held in a manure storage or treatment	7452
facility, and following best management practices established in	7453
rules for disposal of dead animals and manure management,	7454
including practices that control odor and protect the environment.	7455
The director may specify other types of recognized training	7456
programs that, if completed, are considered to satisfy the	7457
training and examination requirement.	7458

(3) Criteria and procedures for the issuance, denial,	7459
suspension, revocation, or reinstatement of a livestock manager	7460
certification;	7461

(4) The length of time during which livestock manager	7462
certifications will be valid and procedures for their renewal;	7463

(5) The volume of manure that must be transported and land	7464
applied annually or the volume of manure that must be bought,	7465
sold, or land applied annually by a person in order for the person	7466
to be required to obtain a livestock manager certification under	7467
division (A)(2) of section 903.07 of the Revised Code;	7468

(6) Requirements governing the management and handling of	7469
manure, including the land application of manure;	7470

(7) Requirements governing the keeping of records regarding	7471
the handling of manure, including the land application of manure;	7472

(8) Any other provisions necessary to administer and enforce	7473
section 903.07 of the Revised Code.	7474

~~(F)~~(E) Establish all of the following concerning NPDES	7475
permits:	7476

(1) The designation of concentrated animal feeding operations	7477
that are subject to NPDES permit requirements under section 903.08	7478
of the Revised Code;	7479

(2) Effluent limitations governing discharges into waters of	7480
the state that are authorized by permits;	7481

(3) Variances from effluent limitations and other permit	7482
requirements to the extent that the variances are consistent with	7483
the Federal Water Pollution Control Act;	7484

(4) Terms and conditions to be included in a permit,	7485
including, as applicable, best management practices; installation	7486
of discharge or water quality monitoring methods or equipment;	7487
creation and retention of records; submission of periodic reports;	7488
schedules of compliance; net volume, net weight, and, where	7489
necessary, concentration and mass loading limits of manure that	7490
may be discharged into waters of the state; and authorized	7491
duration and frequency of any discharges into waters of the state;	7492

(5) Procedures for the submission of applications for permits	7493
and notices of intent to be covered by general permits, including	7494
information that must be included in the applications and notices;	7495

(6) The amount of the fee that must be submitted with an	7496
application for a permit;	7497

(7) Procedures for processing permit applications, including	7498
public notice and participation requirements;	7499

(8) Procedures for notifying the United States environmental	7500
protection agency of the submission of permit applications, the	7501
director's action on those applications, and any other reasonable	7502
and relevant information;	7503

(9) Procedures for notifying and receiving and responding to	7504
recommendations from other states whose waters may be affected by	7505
the issuance of a permit;	7506

(10) Procedures for the transfer of permits to new owners or	7507
operators;	7508

(11) Grounds and procedures for the issuance, denial,	7509
modification, suspension, or revocation of permits, including	7510
general permits;	7511

(12) A definition of "general NPDES permit" that establishes	7512
categories of point sources to be covered under such a permit and	7513
a definition of "individual NPDES permit" together with the	7514
criteria for issuing a general NPDES permit and the criteria for	7515
determining a person's eligibility to discharge under a general	7516
NPDES permit.	7517

The rules adopted under division ~~(F)~~(E) of this section shall	7518
be consistent with the requirements of the Federal Water Pollution	7519
Control Act.	7520

~~(G)~~(F) Establish public notice and participation	7521
requirements, in addition to the procedures established in rules	7522
adopted under division ~~(F)~~(E)(7) of this section, for the	7523
issuance, denial, modification, transfer, suspension, and	7524
revocation of permits to install, permits to operate, and NPDES	7525
permits consistent with section 903.09 of the Revised Code,	7526
including a definition of what constitutes significant public	7527
interest for the purposes of divisions (A) and (F) of section	7528
903.09 of the Revised Code and procedures for public meetings. The	7529
rules shall require that information that is presented at such a	7530
public meeting be limited to the criteria that are applicable to	7531
the permit application that is the subject of the public meeting.	7532

~~(H)~~(G) Establish the amount of civil penalties assessed by	7533
the director of agriculture under division (B) of section 903.16	7534
of the Revised Code for violation of the terms and conditions of a	7535
permit to install,or permit to operate~~, or review compliance~~	7536
~~certificate~~, provided that the rules adopted under this division	7537
shall not establish a civil penalty of more than ten thousand	7538
dollars per day for each violation;	7539

~~(I)~~(H) Establish procedures for the protection of trade	7540
secrets from public disclosure. The procedures shall authorize the	7541
release of trade secrets to officers, employees, or authorized	7542
representatives of the state, another state, or the United States	7543
when necessary for an enforcement action brought under this	7544
chapter or when otherwise required by the Federal Water Pollution	7545
Control Act. The rules shall require at least ten days' written	7546
notice to the person to whom a trade secret applies prior to the	7547
release of the trade secret. Rules adopted under this division do	7548
not apply to any information that is contained in applications,	7549
including attachments, for NPDES permits and that is required to	7550
be submitted under section 903.08 of the Revised Code or rules	7551
adopted under division ~~(F)~~(E) of this section.	7552

~~(J)~~(I) Establish any other provisions necessary to administer	7553
and enforce this chapter.	7554

Sec. 903.11. (A) The director of agriculture may enter into	7555
contracts or agreements to carry out the purposes of this chapter	7556
with any public or private person, including OSU extension, the	7557
natural resources conservation service in the United States	7558
department of agriculture, the environmental protection agency,	7559
the division of soil and water resources in the department of	7560
natural resources, and soil and water conservation districts	7561
established under Chapter 1515. of the Revised Code. However, the	7562
director shall not enter into a contract or agreement with a	7563
private person for the review of applications for permits to	7564
install, permits to operate, or NPDES permits~~, or review~~	7565
~~compliance certificates~~ that are issued under this chapter or for	7566
the inspection of a facility regulated under this chapter or with	7567
any person for the issuance of any of those permits or	7568
~~certificates~~ or for the enforcement of this chapter and rules	7569
adopted under it.	7570

(B) The director may administer grants and loans using moneys	7571
from the federal government and other sources, public or private,	7572
for carrying out any of the director's functions. Nothing in this	7573
chapter shall be construed to limit the eligibility of owners or	7574
operators of animal feeding facilities or other agricultural	7575
enterprises to receive moneys from the water pollution control	7576
loan fund established under section 6111.036 of the Revised Code	7577
and the nonpoint source pollution management fund established	7578
under section 6111.037 of the Revised Code.	7579

The director of agriculture shall provide the director of	7580
environmental protection with written recommendations for	7581
providing financial assistance from those funds to agricultural	7582
enterprises. The director of environmental protection shall	7583
consider the recommendations in developing priorities for	7584
providing financial assistance from the funds.	7585

Sec. 903.12. (A) The director of agriculture or the	7586
director's authorized representative at reasonable times may enter	7587
on any public or private property, real or personal, to make	7588
investigations and inspections, including the sampling of	7589
discharges and the inspection of discharge monitoring equipment,	7590
or to otherwise execute duties that are necessary for the	7591
administration and enforcement of this chapter. The director or	7592
the director's authorized representative at reasonable times may	7593
examine and copy any records pertaining to discharges that are	7594
subject to this chapter or any records that are required to be	7595
maintained by the terms and conditions of a permit ~~or review~~	7596
~~compliance certificate~~ issued under this chapter. If refused	7597
entry, the director or the director's authorized representative	7598
may apply for and the court of common pleas having jurisdiction	7599
may issue an appropriate warrant.	7600

(B) No person to whom a permit ~~or review compliance~~	7601
~~certificate~~ has been issued under this chapter shall refuse entry	7602
to the director or the director's authorized representative or	7603
purposely hinder or thwart the director or the director's	7604
authorized representative in the exercise of any authority granted	7605
under division (A) of this section.	7606

Sec. 903.13. In a private civil action for an alleged	7607
nuisance related to agricultural activities conducted at a	7608
concentrated animal feeding facility, it is an affirmative defense	7609
if the person owning, operating, or otherwise responsible for the	7610
concentrated animal feeding facility is in compliance with best	7611
management practices established in the installation permit,or	7612
permit to operate~~, or review compliance certificate~~ issued for the	7613
concentrated animal feeding facility and the agricultural	7614
activities do not violate federal, state, and local laws governing	7615
nuisances.	7616

Sec. 903.16. (A) The director of agriculture may propose to	7617
require corrective actions and assess a civil penalty against an	7618
owner or operator of a concentrated animal feeding facility if the	7619
director or the director's authorized representative determines	7620
that the owner or operator is not in compliance with section	7621
903.02,or 903.03~~, or 903.04~~ or division (A) of section 903.07 of	7622
the Revised Code, the terms and conditions of a permit to install,	7623
or permit to operate~~, or review compliance certificate~~ issued for	7624
the concentrated animal feeding facility, including the	7625
requirements established under division (C) of section 903.06 of	7626
the Revised Code, or rules adopted under division (A), (B), (C),	7627
(D), ~~(E),~~ or ~~(J)~~(I) of section 903.10 of the Revised Code.	7628
However, the director may impose a civil penalty only if all of	7629
the following occur:	7630

(1) The owner or operator is notified in writing of the	7631
deficiencies resulting in noncompliance, the actions that the	7632
owner or operator must take to correct the deficiencies, and the	7633
time period within which the owner or operator must correct the	7634
deficiencies and attain compliance.	7635

(2) After the time period specified in the notice has	7636
elapsed, the director or the director's duly authorized	7637
representative has inspected the concentrated animal feeding	7638
facility, determined that the owner or operator is still not in	7639
compliance, and issued a notice of an adjudication hearing.	7640

(3) The director affords the owner or operator an opportunity	7641
for an adjudication hearing under Chapter 119. of the Revised Code	7642
to challenge the director's determination that the owner or	7643
operator is not in compliance or the imposition of the civil	7644
penalty, or both. However, the owner or operator may waive the	7645
right to an adjudication hearing.	7646

(B) If the opportunity for an adjudication hearing is waived	7647
or if, after an adjudication hearing, the director determines that	7648
a violation has occurred or is occurring, the director may issue	7649
an order requiring compliance and assess the civil penalty. The	7650
order and the assessment of the civil penalty may be appealed in	7651
accordance with section 119.12 of the Revised Code.	7652

Civil penalties shall be assessed under this division as	7653
follows:	7654

(1) A person who has violated section 903.02,or 903.03~~, or~~	7655
~~903.04~~ of the Revised Code, the terms and conditions of a permit	7656
to install,or permit to operate~~, or review compliance~~	7657
~~certificate~~, or rules adopted under division (A), (B), (C), (D),	7658
~~(E),~~ or ~~(J)~~(I) of section 903.10 of the Revised Code shall pay a	7659
civil penalty in an amount established in rules unless the	7660
violation is of the requirements established under division (C) of	7661
section 903.06 or division (A) of section 903.07 of the Revised	7662
Code.	7663

(2) A person who has violated the requirements established	7664
under division (C) of section 903.06 of the Revised Code shall pay	7665
a civil penalty in an amount established in rules for each	7666
violation. Each seven-day period during which a violation	7667
continues constitutes a separate violation.	7668

(3) A person who has violated the requirements established	7669
under division (A) of section 903.07 of the Revised Code shall pay	7670
a civil penalty of not more than ten thousand dollars for each	7671
violation. Each thirty-day period during which a violation	7672
continues constitutes a separate violation.	7673

(C) The attorney general, upon the written request of the	7674
director, shall bring an action for an injunction in any court of	7675
competent jurisdiction against any person violating or threatening	7676
to violate section 903.02,or 903.03~~, or 903.04~~ or division (A) of	7677
section 903.07 of the Revised Code; the terms and conditions of a	7678
permit to install,or permit to operate~~, or review compliance~~	7679
~~certificate~~, including the requirements established under division	7680
(C) of section 903.06 of the Revised Code; rules adopted under	7681
division (A), (B), (C), (D), ~~(E),~~ or ~~(J)~~(I) of section 903.10 of	7682
the Revised Code; or an order issued under division (B) of this	7683
section or division (B) of section 903.07 of the Revised Code.	7684

(D)(1) In lieu of seeking civil penalties under division (A)	7685
of this section, the director may request the attorney general, in	7686
writing, to bring an action for a civil penalty in a court of	7687
competent jurisdiction against any person that has violated or is	7688
violating division (A) of section 903.07 of the Revised Code or	7689
the terms and conditions of a permit to install,or permit to	7690
operate~~, or review compliance certificate~~, including the	7691
requirements established under division (C) of section 903.06 of	7692
the Revised Code.	7693

(2) The director may request the attorney general, in	7694
writing, to bring an action for a civil penalty in a court of	7695
competent jurisdiction against any person that has violated or is	7696
violating section 903.02,or 903.03~~, or 903.04~~ of the Revised	7697
Code, rules adopted under division (A), (B), (C), (D), ~~(E),~~ or	7698
~~(J)~~(I) of section 903.10 of the Revised Code, or an order issued	7699
under division (B) of this section or division (B) of section	7700
903.07 of the Revised Code.	7701

(3) A person who has committed a violation for which the	7702
attorney general may bring an action for a civil penalty under	7703
division (D)(1) or (2) of this section shall pay a civil penalty	7704
of not more than ten thousand dollars per violation. Each day that	7705
a violation continues constitutes a separate violation.	7706

(E) In addition to any other penalties imposed under this	7707
section, the director may impose an administrative penalty against	7708
an owner or operator of a concentrated animal feeding facility if	7709
the director or the director's authorized representative	7710
determines that the owner or operator is not in compliance with	7711
best management practices that are established in rules adopted	7712
under division (B) or (C) ~~or (D)~~ of section 903.10 of the Revised	7713
Code or in the permit to install,or permit to operate~~, or review~~	7714
~~compliance certificate~~ issued for the facility. The administrative	7715
penalty shall not exceed five thousand dollars.	7716

The director shall afford the owner or operator an	7717
opportunity for an adjudication hearing under Chapter 119. of the	7718
Revised Code to challenge the director's determination under this	7719
division, the director's imposition of an administrative penalty	7720
under this division, or both. The director's determination and the	7721
imposition of the administrative penalty may be appealed in	7722
accordance with section 119.12 of the Revised Code.	7723

Sec. 903.17. (A) The director of agriculture may propose to	7724
require corrective actions and assess a civil penalty against an	7725
owner or operator of an animal feeding operation if the director	7726
or the director's authorized representative determines that the	7727
owner or operator is not in compliance with section 903.08 of the	7728
Revised Code, the terms and conditions of a NPDES permit, the	7729
NPDES provisions of a permit to operate, or rules adopted under	7730
division ~~(F)~~(E) of section 903.10 of the Revised Code. However,	7731
the director may impose a civil penalty only if all of the	7732
following occur:	7733

(1) The owner or operator is notified in writing of the	7734
deficiencies resulting in noncompliance, the actions that the	7735
owner or operator must take to correct the deficiencies, and the	7736
time period within which the owner or operator must correct the	7737
deficiencies and attain compliance.	7738

(2) After the time period specified in the notice has	7739
elapsed, the director or the director's duly authorized	7740
representative has inspected the animal feeding operation,	7741
determined that the owner or operator is still not in compliance,	7742
and issued a notice of violation to require corrective actions.	7743

(3) The director affords the owner or operator an opportunity	7744
for an adjudication hearing under Chapter 119. of the Revised Code	7745
to challenge the director's determination that the owner or	7746
operator is not in compliance or the imposition of the civil	7747
penalty, or both. However, the owner or operator may waive the	7748
right to an adjudication hearing.	7749

(B) If the opportunity for an adjudication hearing is waived	7750
or if, after an adjudication hearing, the director determines that	7751
a violation has occurred or is occurring, the director may issue	7752
an order and assess a civil penalty of not more than ten thousand	7753
dollars per violation against the violator. For purposes of	7754
determining the civil penalty, each day that a violation continues	7755
constitutes a separate and distinct violation. The order and the	7756
assessment of the civil penalty may be appealed in accordance with	7757
section 119.12 of the Revised Code.	7758

(C) To the extent consistent with the Federal Water Pollution	7759
Control Act, the director shall consider technical feasibility and	7760
economic costs in issuing orders under this section.	7761

(D)(1) The attorney general, upon the written request of the	7762
director, shall bring an action for an injunction in any court of	7763
competent jurisdiction against any person violating or threatening	7764
to violate section 903.08 of the Revised Code, the terms and	7765
conditions of a NPDES permit, the NPDES provisions of a permit to	7766
operate, rules adopted under division ~~(F)~~(E) of section 903.10 of	7767
the Revised Code, or an order issued under division (B) of this	7768
section.	7769

(2) In lieu of seeking civil penalties under division (A) of	7770
this section, the director may request, in writing, the attorney	7771
general to bring an action for a civil penalty of not more than	7772
ten thousand dollars per violation in a court of competent	7773
jurisdiction against any person that has violated or is violating	7774
section 903.08 of the Revised Code, the terms and conditions of a	7775
NPDES permit, the NPDES provisions of a permit to operate, rules	7776
adopted under division ~~(F)~~(E) of section 903.10 of the Revised	7777
Code, or an order issued under division (B) of this section. For	7778
purposes of determining the civil penalty to be assessed under	7779
division (B) of this section, each day that a violation continues	7780
constitutes a separate and distinct violation.	7781

(E) In addition to any other penalties imposed under this	7782
section, the director may impose an administrative penalty against	7783
an owner or operator of an animal feeding operation if the	7784
director or the director's authorized representative determines	7785
that the owner or operator has discharged pollutants into waters	7786
of the state in violation of section 903.08 of the Revised Code or	7787
the terms and conditions of a NPDES permit or the NPDES provisions	7788
of the permit to operate issued for the operation. The	7789
administrative penalty shall not exceed five thousand dollars.	7790

The director shall afford the owner or operator an	7791
opportunity for an adjudication hearing under Chapter 119. of the	7792
Revised Code to challenge the director's determination under this	7793
division, the director's imposition of an administrative penalty	7794
under this division, or both. The director's determination and the	7795
imposition of the administrative penalty may be appealed in	7796
accordance with section 119.12 of the Revised Code.	7797

Sec. 903.25. An owner or operator of an animal feeding	7798
facility who holds a permit to install, a permit to operate, a	7799
~~review compliance certificate,~~ or a NPDES permit or who is	7800
operating under ~~an operation and~~a nutrient management plan, as	7801
defined in section ~~1511.01~~939.01 of the Revised Code, approved by	7802
the ~~chief of the division of soil and water resources in the~~	7803
~~department of natural resources~~director of agriculture or the	7804
director's designee under section ~~1511.02~~939.02 of the Revised	7805
Code or by the supervisors of the appropriate soil and water	7806
conservation district under section 1515.08 of the Revised Code	7807
shall not be required by any political subdivision of the state or	7808
any officer, employee, agency, board, commission, department, or	7809
other instrumentality of a political subdivision to obtain a	7810
license, permit, or other approval pertaining to manure, insects	7811
or rodents, odor, or siting requirements for installation of an	7812
animal feeding facility.	7813

Sec. 921.06. (A)(1) No individual shall do any of the	7814
following without having a commercial applicator license issued by	7815
the director of agriculture:	7816

(a) Apply pesticides for a pesticide business without direct	7817
supervision;	7818

(b) Apply pesticides as part of the individual's duties while	7819
acting as an employee of the United States government, a state,	7820
county, township, or municipal corporation, or a park district,	7821
port authority, or sanitary district created under Chapter 1545.,	7822
4582., or 6115. of the Revised Code, respectively;	7823

(c) Apply restricted use pesticides. Division (A)(1)(c) of	7824
this section does not apply to a private applicator or an	7825
immediate family member or a subordinate employee of a private	7826
applicator who is acting under the direct supervision of that	7827
private applicator.	7828

(d) If the individual is the owner of a business other than a	7829
pesticide business or an employee of such an owner, apply	7830
pesticides at any of the following publicly accessible sites that	7831
are located on the property:	7832

(i) Food service operations that are licensed under Chapter	7833
3717. of the Revised Code;	7834

(ii) Retail food establishments that are licensed under	7835
Chapter 3717. of the Revised Code;	7836

(iii) Golf courses;

7837

(iv) Rental properties of more than four apartment units at	7838
one location;	7839

(v) Hospitals or medical facilities as defined in section	7840
3701.01 of the Revised Code;	7841

(vi) Child day-care centers or school child day-care centers	7842
as defined in section 5104.01 of the Revised Code;	7843

(vii) Facilities owned or operated by a school district	7844
established under Chapter 3311. of the Revised Code, including an	7845
~~education~~educational service center, a community school	7846
established under Chapter 3314. of the Revised Code, or a	7847
chartered or nonchartered nonpublic school that meets minimum	7848
standards established by the state board of education;	7849

(viii) ~~Colleges as defined in section 3365.01~~State	7850
institutions of higher education as defined in section 3345.011 of	7851
the Revised Code, nonprofit institutions holding a certificate of	7852
authorization pursuant to Chapter 1713. of the Revised Code,	7853
institutions holding a certificate of registration from the state	7854
board of career colleges and schools and program authorization for	7855
an associate or bachelor's degree program issued under section	7856
3332.05 of the Revised Code, and private institutions exempt from	7857
regulation under Chapter 3332. of the Revised Code as prescribed	7858
in section 3333.046 of the Revised Code;	7859

(ix) Food processing establishments as defined in section	7860
3715.021 of the Revised Code;	7861

(x) Any other site designated by rule.

7862

(e) Conduct authorized diagnostic inspections.

7863

(2) Divisions (A)(1)(a) to (d) of this section do not apply	7864
to an individual who is acting as a trained serviceperson under	7865
the direct supervision of a commercial applicator.	7866

(3) Licenses shall be issued for a period of time established	7867
by rule and shall be renewed in accordance with deadlines	7868
established by rule. The fee for each such license shall be	7869
established by rule. If a license is not issued or renewed, the	7870
application fee shall be retained by the state as payment for the	7871
reasonable expense of processing the application. The director	7872
shall by rule classify by pesticide-use category licenses to be	7873
issued under this section. A single license may include more than	7874
one pesticide-use category. No individual shall be required to pay	7875
an additional license fee if the individual is licensed for more	7876
than one category.	7877

The fee for each license or renewal does not apply to an	7878
applicant who is an employee of the department of agriculture	7879
whose job duties require licensure as a commercial applicator as a	7880
condition of employment.	7881

(B) Application for a commercial applicator license shall be	7882
made on a form prescribed by the director. Each application for a	7883
license shall state the pesticide-use category or categories of	7884
license for which the applicant is applying and other information	7885
that the director determines essential to the administration of	7886
this chapter.	7887

(C) If the director finds that the applicant is competent to	7888
apply pesticides and conduct diagnostic inspections and that the	7889
applicant has passed both the general examination and each	7890
applicable pesticide-use category examination as required under	7891
division (A) of section 921.12 of the Revised Code, the director	7892
shall issue a commercial applicator license limited to the	7893
pesticide-use category or categories for which the applicant is	7894
found to be competent. If the director rejects an application, the	7895
director may explain why the application was rejected, describe	7896
the additional requirements necessary for the applicant to obtain	7897
a license, and return the application. The applicant may resubmit	7898
the application without payment of any additional fee.	7899

(D)(1) A person who is a commercial applicator shall be	7900
deemed to hold a private applicator's license for purposes of	7901
applying pesticides on agricultural commodities that are produced	7902
by the commercial applicator.	7903

(2) A commercial applicator shall apply pesticides only in	7904
the pesticide-use category or categories in which the applicator	7905
is licensed under this chapter.	7906

(E) All money collected under this section shall be credited	7907
to the pesticide, fertilizer, and lime program fund created in	7908
section 921.22 of the Revised Code.	7909

Sec. 939.01. As used in this chapter:

7910

(A) "Conservation" means the wise use and management of	7911
natural resources.	7912

(B) "Pollution abatement practice" means any residual farm	7913
products or manure pollution abatement facility, structure, or	7914
procedure and the operation and management associated with it as	7915
contained in nutrient management plans.	7916

(C) "Agricultural pollution" means failure to use management	7917
or conservation practices in farming operations to abate the	7918
degradation of the waters of the state by residual farm products	7919
or manure, including attached substances.	7920

(D) "Waters of the state" means all streams, lakes, ponds,	7921
wetlands, watercourses, waterways, wells, springs, irrigation	7922
systems, drainage systems, and all other bodies or accumulations	7923
of water, surface and underground, natural or artificial,	7924
regardless of the depth of the strata in which underground water	7925
is located, that are situated wholly or partly within, or border	7926
on, this state or are within its jurisdiction, except those	7927
private waters that do not combine or effect a junction with	7928
natural surface or underground waters.	7929

(E) "Nutrient management plan" means a written record,	7930
developed or approved by the director of agriculture, the	7931
director's designee, or the board of supervisors of a soil and	7932
water conservation district, for the owner or operator of	7933
agricultural land or an animal feeding operation that contains	7934
both of the following:	7935

(1) Implementation schedules and operational procedures for a	7936
level of management and pollution abatement practices that will	7937
abate the degradation of the waters of the state by residual farm	7938
products and manure, including attached pollutants;	7939

(2) Best management practices that are to be used by the	7940
owner or operator.	7941

(F) "Residual farm products" means bedding, wash waters,	7942
waste feed, and silage drainage. "Residual farm products" also	7943
includes the compost products resulting from the composting of	7944
dead animals in operations subject to section 939.04 of the	7945
Revised Code when either of the following applies:	7946

(1) The composting is conducted by the person who raises the	7947
animals and the compost product is used in agricultural operations	7948
owned or operated by that person regardless of whether the person	7949
owns the animals.	7950

(2) The composting is conducted by the person who owns the	7951
animals, but does not raise them and the compost product is used	7952
in agricultural operations either by a person who raises the	7953
animals or by a person who raises grain that is used to feed them	7954
and that is supplied by the owner of the animals.	7955

(G) "Composting" means the controlled decomposition of	7956
organic solid material consisting of dead animals that stabilizes	7957
the organic fraction of the material.	7958

(H) "Manure" means animal excreta.

7959

(I) "Animal feeding operation" means the production area, as	7960
defined in section 903.01 of the Revised Code, of an agricultural	7961
operation where agricultural animals are kept and raised in	7962
confined areas. "Animal feeding operation" does not include a	7963
facility that possesses a permit issued under Chapter 903. or	7964
division (J) of section 6111.03 of the Revised Code.	7965

(J) "Soil and water conservation district" has the same	7966
meaning as in section 1515.01 of the Revised Code.	7967

(K) "Ohio soil and water conservation commission" means the	7968
Ohio soil and water conservation commission established in section	7969
1515.02 of the Revised Code.	7970

(L) "Best management practices" means practices or a	7971
combination of practices that are determined to be the most	7972
effective and practicable means of preventing or reducing	7973
agricultural pollution sources to a level compatible with the	7974
attainment of applicable water quality standards. "Best management	7975
practices" includes structural and nonstructural practices,	7976
conservation practices, and operation and maintenance procedures.	7977

Sec. 939.02. The director of agriculture shall do all of the	7978
following:	7979

(A) Administer this chapter and those provisions of Chapter	7980
1515. of the Revised Code pertaining to state responsibilities and	7981
provide staff assistance to the Ohio soil and water conservation	7982
commission in exercising its statutory responsibilities pertaining	7983
to agricultural pollution;	7984

(B) Coordinate the development and implementation of	7985
cooperative programs and working agreements between soil and water	7986
conservation districts and the department of agriculture or other	7987
agencies of local, state, and federal government;	7988

(C) Adopt rules in accordance with Chapter 119. of the	7989
Revised Code that do or comply with all of the following:	7990

(1) Establish technically feasible and economically	7991
reasonable standards to achieve a level of management and	7992
conservation practices in farming operations that will abate the	7993
degradation of the waters of the state by residual farm products	7994
or manure, including attached substances, and establish criteria	7995
for determination of the acceptability of such management and	7996
conservation practices;	7997

(2) Establish procedures for the administration of rules	7998
regarding agricultural pollution abatement and for enforcement of	7999
those rules;	8000

(3) Specify the agricultural pollution abatement practices	8001
eligible for state cost sharing and determine the conditions for	8002
eligibility, the construction standards and specifications, the	8003
useful life, the maintenance requirements, and the limits of cost	8004
sharing for those practices. Eligible practices shall be limited	8005
to practices that address agricultural operations and that require	8006
expenditures that are likely to exceed the economic returns to the	8007
owner or operator and that abate degradation of the waters of the	8008
state by residual farm products or manure, including attached	8009
pollutants.	8010

(4) Establish procedures for administering grants to owners	8011
or operators of agricultural land or animal feeding operations for	8012
the implementation of nutrient management plans;	8013

(5) Do both of the following with regard to composting	8014
conducted in conjunction with agricultural operations:	8015

(a) Establish methods, techniques, or practices for	8016
composting dead animals, or particular types of dead animals, that	8017
are to be used at such operations, as the director considers to be	8018
necessary or appropriate;	8019

(b) Establish requirements and procedures governing the	8020
review and approval or disapproval of composting plans by the	8021
supervisors of soil and water conservation districts under	8022
division (T) of section 1515.08 of the Revised Code.	8023

(6) Establish best management practices for inclusion in	8024
nutrient management plans;	8025

(7) Establish the amount of civil penalties assessed by the	8026
director under division (B) of section 939.09 of the Revised Code	8027
for violation of rules adopted under division (C) of this section;	8028

(8) Be adopted after the director does all of the following:

8029

(a) Mails notice to each statewide organization that the	8030
director determines represents persons or local governmental	8031
agencies that would be affected by a proposed rule at least	8032
thirty-five days before any public hearing on the proposed rule;	8033

(b) Mails a copy of each proposed rule to any person who	8034
requests a copy within five days after receipt of the request;	8035

(c) Consults with appropriate state and local governmental	8036
agencies or their representatives, including statewide	8037
organizations of local governmental officials, industrial	8038
representatives, and other interested persons;	8039

(d) If the rule is adopted under division (C)(1) of this	8040
section, develops an economic impact statement concerning the	8041
effect of the proposed rule.	8042

(9) Not conflict with air or water quality standards adopted	8043
pursuant to section 3704.03 or 6111.041 of the Revised Code.	8044
Compliance with rules adopted under this section does not affect	8045
liability for noncompliance with air or water quality standards	8046
adopted pursuant to section 3704.03 or 6111.041 of the Revised	8047
Code.	8048

(D) Cost share with landowners on practices established in	8049
rules adopted under division (C)(3) of this section as moneys are	8050
appropriated and available for that purpose. A practice for which	8051
cost share is provided shall be maintained for its useful life.	8052
Failure to maintain a cost share practice for its useful life	8053
subjects the landowner to full repayment to the department.	8054

(E) Employ field assistants and other employees that are	8055
necessary for the performance of the work prescribed by Chapter	8056
1515. of the Revised Code pertaining to agricultural pollution,	8057
for performance of the work of the department under this chapter,	8058
and as agreed to in working agreements or contractual arrangements	8059
with soil and water conservation districts, prescribe their	8060
duties, and fix their compensation in accordance with schedules	8061
that are provided by law for the compensation of state employees.	8062
All such employees of the department, unless specifically exempted	8063
by law, shall be employed subject to the classified civil service	8064
laws in force at the time of employment.	8065

(F) When necessary for the purposes of this chapter or the	8066
provisions of Chapter 1515. of the Revised Code pertaining to	8067
agricultural pollution, develop or approve nutrient management	8068
plans. The director may designate an employee of the department to	8069
develop or approve nutrient management plans in lieu of the	8070
director.	8071

This section does not restrict the manure of domestic or farm	8072
animals defecated on land outside an animal feeding operation or	8073
runoff from that land into the waters of the state.	8074

Sec. 939.03. (A) A person who owns or operates agricultural	8075
land or an animal feeding operation may develop and operate under	8076
a nutrient management plan approved by the director of agriculture	8077
or the director's designee under section 939.02 of the Revised	8078
Code or by the supervisors of the applicable soil and water	8079
conservation district under section 1515.08 of the Revised Code.	8080

(B) A person who wishes to make a complaint regarding	8081
nuisances involving agricultural pollution may do so orally or by	8082
submitting a written, signed, and dated complaint to the director	8083
or to the director's designee. After receiving an oral complaint,	8084
the director or the director's designee may cause an investigation	8085
to be conducted to determine whether agricultural pollution has	8086
occurred or is imminent. After receiving a written, signed, and	8087
dated complaint, the director or the director's designee shall	8088
cause such an investigation to be conducted.	8089

(C) In a private civil action for nuisances involving	8090
agricultural pollution, it is an affirmative defense if the person	8091
owning, operating, or otherwise responsible for agricultural land	8092
or an animal feeding operation is operating under and in	8093
substantial compliance with an approved nutrient management plan	8094
developed under division (A) of this section, with a nutrient	8095
management plan developed by the director or the director's	8096
designee under section 939.02 of the Revised Code or by the	8097
supervisors of the applicable soil and water conservation district	8098
under section 1515.08 of the Revised Code, or with a nutrient	8099
management plan required under division (A)(2) of section 939.09	8100
of the Revised Code. Nothing in this section is in derogation of	8101
the authority granted to the director in division (C) of section	8102
939.02 and in section 939.09 of the Revised Code.	8103

~~Sec. 1511.022.~~ Sec. 939.04. (A) Any person who owns or operates an	8104
agricultural operation, or owns the animals raised by the owner or	8105
operator of an agricultural operation, and who wishes to conduct	8106
composting of dead animals resulting from the agricultural	8107
operation shall do both of the following:	8108

(1) Participate in an educational course concerning	8109
composting conducted by OSU extension and obtain a certificate of	8110
completion for the course;	8111

(2) Use the appropriate method, technique, or practice of	8112
composting established in rules adopted under division	8113
~~(E)(8)~~(C)(5) of section ~~1511.02~~939.02 of the Revised Code.	8114

(B) Any person who fails to comply with division (A) of this	8115
section shall prepare and operate under a composting plan in	8116
~~accordance with an order issued~~required by the ~~chief of the~~	8117
~~division of soil and water resources~~director of agriculture under	8118
division ~~(G)~~(A)(2) of section ~~1511.02~~939.09 of the Revised Code.	8119
If the person's proposed composting plan is disapproved by the	8120
board of supervisors of the appropriate soil and water	8121
conservation district under division ~~(Q)~~(T)(3) of section 1515.08	8122
of the Revised Code, the person may appeal the plan disapproval to	8123
the ~~chief~~director, who shall afford the person a hearing.	8124
Following the hearing, the ~~chief~~director shall uphold the plan	8125
disapproval or reverse it. If the ~~chief~~director reverses the	8126
disapproval, the plan shall be deemed approved.	8127

Sec. 939.05. (A) Except as provided in division (B) of this	8128
section, the director of agriculture, an employee of the	8129
department of agriculture, the supervisors of a soil and water	8130
conservation district, an employee of a district, and a contractor	8131
of the department or a district shall not disclose either of the	8132
following:	8133

(1) Information, including data from geographic information	8134
systems and global positioning systems, provided by a person who	8135
owns or operates agricultural land or an animal feeding operation	8136
and operates under a nutrient management plan;	8137

(2) Information gathered as a result of an inspection of	8138
agricultural land or an animal feeding operation to determine	8139
whether the person who owns or operates the land or operation is	8140
in compliance with a nutrient management plan.	8141

(B) The director or the supervisors of a district may release	8142
or disclose information specified in division (A)(1) or (2) of	8143
this section to a person or a federal, state, or local agency	8144
working in cooperation with the director or the supervisors in the	8145
development of a nutrient management plan or an inspection to	8146
determine compliance with such a plan if the director or	8147
supervisors determine that the person or federal, state, or local	8148
agency will not subsequently disclose the information to another	8149
person.	8150

Sec. 939.06. The director of agriculture may enter into	8151
contracts or agreements with an agency of the United States	8152
government, or any other public or private agency or organization,	8153
for the performance of the duties of the department of agriculture	8154
under this chapter or for accomplishing cooperative projects	8155
within the scope of those duties.	8156

Sec. 939.07. The director of agriculture may accept	8157
donations, grants, and contributions in money, service, or	8158
equipment to enhance or expedite the work of the department of	8159
agriculture under this chapter.	8160

Sec. 939.08. The director of agriculture, subject to	8161
approval of the terms of the agreement by the Ohio soil and water	8162
conservation commission, shall enter into cooperative agreements	8163
with the board of supervisors of a soil and water conservation	8164
district desiring to enter into those agreements pursuant to	8165
section 1515.08 of the Revised Code. The agreements shall be	8166
entered into to obtain compliance with rules of the director	8167
pertaining to agricultural pollution abatement.	8168

The director or a person designated by the director may enter	8169
at reasonable times on private or public property to inspect and	8170
investigate conditions relating to agricultural pollution of the	8171
waters of the state. Upon refusal of entry, the director or the	8172
director's designee may apply for and a judge of the court of	8173
common pleas of the county where the land is located may issue an	8174
appropriate inspection warrant as necessary to achieve the	8175
purposes of this chapter.	8176

Sec. 939.09. (A)(1) The director of agriculture may propose	8177
to require corrective actions and assess a civil penalty against	8178
an owner or operator of agricultural land or an animal feeding	8179
operation if the director or the director's designee determines	8180
that the owner or operator is doing one of the following:	8181

(a) Not complying with a standard established in rules	8182
adopted under division (C)(1) of section 939.02 of the Revised	8183
Code;	8184

(b) Not operating in accordance with an approved nutrient	8185
management plan that is developed under division (A) of section	8186
939.03 of the Revised Code, with a nutrient management plan	8187
developed by the director or the director's designee under section	8188
939.02 of the Revised Code or by the supervisors of the applicable	8189
soil and water conservation district under section 1515.08 of the	8190
Revised Code, or with a nutrient management plan required by the	8191
director under division (A)(2) of this section;	8192

(c) Not complying with a standard established in rules	8193
adopted under division (C)(5)(a) of section 939.02 of the Revised	8194
Code;	8195

(d) Not operating in accordance with a composting plan that	8196
is approved in accordance with rules adopted under division	8197
(C)(5)(b) of section 939.02 of the Revised Code or required by the	8198
director under division (A)(2) of this section.	8199

(2) The director may include in the corrective actions a	8200
requirement that an owner or operator do one of the following:	8201

(a) Operate under a nutrient management plan approved by the	8202
director or the director's designee under section 939.02 of the	8203
Revised Code;	8204

(b) If the owner or operator has failed to operate in	8205
accordance with an existing nutrient management plan, operate in	8206
accordance with that plan;	8207

(c) Prepare a composting plan in accordance with rules	8208
adopted under division (C)(5)(b) of section 939.02 of the Revised	8209
Code and operate in accordance with that plan;	8210

(d) If the owner or operator has failed to operate in	8211
accordance with an existing composting plan, operate in accordance	8212
with that plan.	8213

(3) The director may impose a civil penalty only if all of	8214
the following occur:	8215

(a) The owner or operator is notified in writing of the	8216
deficiencies resulting in noncompliance, the actions that the	8217
owner or operator must take to correct the deficiencies, and the	8218
time period within which the owner or operator must correct the	8219
deficiencies and attain compliance.	8220

(b) After the time period specified in the notice has	8221
elapsed, the director or the director's designee has inspected the	8222
agricultural land or animal feeding operation, determined that the	8223
owner or operator is still not in compliance, and issued a notice	8224
of an adjudication hearing.	8225

(c) The director affords the owner or operator an opportunity	8226
for an adjudication hearing under Chapter 119. of the Revised Code	8227
to challenge the director's determination that the owner or	8228
operator is not in compliance or the imposition of the civil	8229
penalty, or both. However, the owner or operator may waive the	8230
right to an adjudication hearing.	8231

(4) If the opportunity for an adjudication hearing is waived	8232
or if, after an adjudication hearing, the director determines that	8233
noncompliance has occurred or is occurring, the director may issue	8234
an order requiring compliance and assess the civil penalty. The	8235
order and the assessment of the civil penalty may be appealed in	8236
accordance with section 119.12 of the Revised Code.	8237

(5) A person who has violated rules adopted under division	8238
(C) of section 939.02 of the Revised Code shall pay a civil	8239
penalty in an amount established in rules adopted under that	8240
section.	8241

(B) The attorney general, upon the written request of the	8242
director, shall bring an action for an injunction in any court of	8243
competent jurisdiction against any person violating or threatening	8244
to violate rules adopted under division (C) of section 939.02 of	8245
the Revised Code or an order issued under division (A)(4) of this	8246
section.	8247

(C)(1) In lieu of seeking civil penalties under division (A)	8248
of this section, the director may request the attorney general, in	8249
writing, to bring an action for a civil penalty in a court of	8250
competent jurisdiction against any person that has violated or is	8251
violating a rule adopted under division (C) of section 939.02 of	8252
the Revised Code.	8253

(2) A person who has committed a violation for which the	8254
attorney general may bring an action for a civil penalty under	8255
division (C)(1) of this section shall pay a civil penalty of not	8256
more than ten thousand dollars per violation. Each day that a	8257
violation continues constitutes a separate violation.	8258

(D) In addition to any other penalties imposed under this	8259
section, the director may impose an administrative penalty against	8260
an owner or operator of agricultural land or an animal feeding	8261
operation if the director or the director's designee determines	8262
that the owner or operator is not in compliance with best	8263
management practices that are established in rules adopted under	8264
division (C) of section 939.02 of the Revised Code. The	8265
administrative penalty shall not exceed five thousand dollars.	8266

The director shall afford the owner or operator an	8267
opportunity for an adjudication hearing under Chapter 119. of the	8268
Revised Code to challenge the director's determination under this	8269
division, the director's imposition of an administrative penalty	8270
under this division, or both. The director's determination and the	8271
imposition of the administrative penalty may be appealed in	8272
accordance with section 119.12 of the Revised Code.	8273

(E) Notwithstanding any other provision in this section, if	8274
the director determines that an emergency exists requiring	8275
immediate action to protect the public health or safety or the	8276
environment, the director may issue an order, without notice or	8277
adjudication hearing, stating the existence of the emergency and	8278
requiring that action be taken that is necessary to meet the	8279
emergency. The order shall take effect immediately. A person to	8280
whom the order is directed shall comply immediately, but on	8281
application to the director shall be afforded an adjudication	8282
hearing in accordance with Chapter 119. of the Revised Code as	8283
soon as possible and not later than thirty days after application.	8284
On the basis of the hearing, the director shall continue the order	8285
in effect, revoke it, or modify it. The director's order is	8286
appealable in accordance with section 119.12 of the Revised Code.	8287
No emergency order shall remain in effect for more than one	8288
hundred twenty days after its issuance.	8289

(F) A person that is responsible for causing or allowing the	8290
unauthorized spill, release, or discharge of manure or residual	8291
farm products that requires emergency action to protect public	8292
health or safety or the environment is liable to the director for	8293
the costs incurred in investigating, mitigating, minimizing,	8294
removing, or abating the spill, release, or discharge. Upon	8295
request of the director, the attorney general shall bring a civil	8296
action against the responsible person or persons to recover those	8297
costs.	8298

(G) Money recovered under division (F) of this section and	8299
money collected from civil penalties under this section shall be	8300
paid into the state treasury to the credit of the agricultural	8301
pollution abatement fund created in section 939.11 of the Revised	8302
Code.	8303

(H) As used in this section, "noncompliance" means doing one	8304
of the actions specified in division (A)(1) of this section.	8305

Sec. 939.10. A person claiming to be deprived of a right or	8306
protection afforded the person by law by an action of the director	8307
of agriculture under this chapter, except the adoption of a rule,	8308
may appeal to the court of common pleas of Franklin county or the	8309
court of common pleas of the county in which the alleged violation	8310
exists.	8311

If the court finds that the action of the director appealed	8312
from was lawful and reasonable, it shall affirm the action. If the	8313
court finds that the action was unreasonable or unlawful, it shall	8314
vacate the action and order the action to be taken that it finds	8315
the director should have taken. The judgment of the court is final	8316
unless reversed, vacated, or modified on appeal.	8317

Sec. 939.11. There is hereby created in the state treasury	8318
the agricultural pollution abatement fund, which shall be	8319
administered by the director of agriculture. The fund may be used	8320
to pay costs incurred by the department of agriculture under	8321
division (F) of section 939.09 of the Revised Code in	8322
investigating, mitigating, minimizing, removing, or abating any	8323
pollution of the waters of the state caused by agricultural	8324
pollution or an unauthorized release, spill, or discharge of	8325
manure or residual farm products into or on the environment that	8326
requires emergency action to protect the public health.	8327

Sec. 941.14. (A) The owner shall burn the body of an animal	8328
that has died of, or been destroyed because of, a dangerously	8329
infectious or contagious disease, bury it not less than four feet	8330
under the surface of the ground, dissolve it by alkaline	8331
hydrolysis, remove it in a watertight tank to a rendering	8332
establishment, or otherwise dispose of it in accordance with	8333
section 939.04 or 953.26 ~~or 1511.022~~ of the Revised Code within	8334
twenty-four hours after knowledge thereof or after notice in	8335
writing from the department of agriculture.	8336

(B) The owner of premises that contain a dead animal shall	8337
burn the body of the animal, bury it not less than four feet	8338
beneath the surface of the ground, dissolve it by alkaline	8339
hydrolysis, remove it in a watertight tank to a rendering	8340
establishment, or otherwise dispose of it in accordance with	8341
section 939.04 or 953.26 ~~or 1511.022~~ of the Revised Code within a	8342
reasonable time after knowledge thereof or after notice in writing	8343
from the department or from the township trustees of the township	8344
in which the owner's premises are located.	8345

(C) Notwithstanding division (A) or (B) of this section, the	8346
director of agriculture, in written notice sent to the owner of a	8347
dead animal, may require the owner to employ a specific method of	8348
disposition of the body, including burning, burying, rendering,	8349
composting, or alkaline hydrolysis, when that method does not	8350
conflict with any law or rule governing the disposal of infectious	8351
wastes and, in the director's judgment, is necessary for purposes	8352
of animal disease control. No person shall fail to employ the	8353
method of disposition required under this division.	8354

(D) The director, in written notice sent to the owner of a	8355
dead animal, may prohibit the owner from transporting the body of	8356
the dead animal on any street or highway if that prohibition does	8357
not conflict with any law or rule governing the transportation of	8358
infectious wastes and, in the director's judgment, is necessary	8359
for purposes of animal disease control. No person shall fail to	8360
comply with a prohibition issued under this division.	8361

(E) As used in this section, "infectious wastes" has the same	8362
meaning as in section 3734.01 of the Revised Code, and "street" or	8363
"highway" has the same meaning as in section 4511.01 of the	8364
Revised Code.	8365

Sec. 953.22. (A) No person shall engage in the business of	8366
disposing of, picking up, rendering, or collecting raw rendering	8367
material or transporting the material to a composting facility	8368
without a license to do so from the department of agriculture.	8369

(B) This chapter does not apply to any of the following:

8370

(1) A farmer who slaughters the farmer's own animals, raised	8371
by the farmer on the farmer's own farm, processes the farmer's own	8372
meat therefrom, and disposes of the farmer's raw rendering	8373
material only by delivery to a person licensed under section	8374
953.23 of the Revised Code;	8375

(2) A person whose only connection with raw rendering	8376
material is curing hides and skins;	8377

(3) A person whose only connection with raw rendering	8378
material is operating a pet cemetery;	8379

(4) A person who is conducting composting, as defined in	8380
section ~~1511.01~~939.01 of the Revised Code, in accordance with	8381
section ~~1511.022~~939.04 of the Revised Code;	8382

(5) A person whose only connection with raw rendering	8383
material is trapping wild animals in accordance with a nuisance	8384
wild animal permit issued by the chief of the division of wildlife	8385
in the department of natural resources under rules adopted	8386
pursuant to section 1531.08 of the Revised Code;	8387

(6) A county dog warden or animal control officer who	8388
transports raw rendering material only for disposal purposes.	8389

Sec. 1321.535. ~~(A)~~ Each applicant for a mortgage loan	8390
originator license shall submit to a written test that is	8391
developed and approved by the nationwide mortgage licensing system	8392
and registry and administered by a test provider approved by the	8393
nationwide mortgage licensing system and registry based upon	8394
reasonable standards.	8395

~~(1)~~(A) The test shall adequately measure the applicant's	8396
knowledge and comprehension in appropriate subject matters,	8397
including ethics and federal and state law related to mortgage	8398
origination, fraud, consumer protection, the nontraditional	8399
mortgage marketplace, and fair lending issues.	8400

~~(2)~~(B) An individual shall not be considered to have passed	8401
the test unless the individual ~~achieves a test score of~~answers at	8402
least seventy-five per cent ~~correct answers on all~~of the	8403
questions ~~and at least seventy-five per cent correct answers on~~	8404
~~all questions relating to Ohio mortgage lending laws and the Ohio~~	8405
~~consumer sales practices act, Chapter 1345. of the Revised Code,~~	8406
~~as it applies to registrants and licensees~~correctly.	8407

~~(3)~~(C) An individual may retake the test three consecutive	8408
times provided the period between taking the tests is at least	8409
thirty days.	8410

~~(4)~~(D) After failing three consecutive tests, an individual	8411
shall be required to wait at least six months before taking the	8412
test again.	8413

~~(5)~~(E) If a mortgage loan originator fails to maintain a	8414
valid license for a period of five years or longer, the individual	8415
shall be required to retake the test. For this purpose, any time	8416
during which the individual is a registered mortgage loan	8417
originator shall not be taken into account.	8418

~~(B) Notwithstanding division (A) of this section, if the~~	8419
~~nationwide mortgage licensing system and registry fails to have in~~	8420
~~place a testing process that meets the criteria set forth in that~~	8421
~~division, the superintendent shall require, until that process is~~	8422
~~in place, evidence that the mortgage loan originator applicant~~	8423
~~passed a written test acceptable to the superintendent.~~	8424

Sec. 1321.55. (A) Every registrant shall keep records	8425
pertaining to loans made under sections 1321.51 to 1321.60 of the	8426
Revised Code. Such records shall be segregated from records	8427
pertaining to transactions that are not subject to these sections	8428
of the Revised Code. Every registrant shall preserve records	8429
pertaining to loans made under sections 1321.51 to 1321.60 of the	8430
Revised Code for at least two years after making the final entry	8431
on such records. Accounting systems maintained in whole or in part	8432
by mechanical or electronic data processing methods that provide	8433
information equivalent to that otherwise required are acceptable	8434
for this purpose. At least once each eighteen-month cycle, the	8435
division of financial institutions shall make or cause to be made	8436
an examination of records pertaining to loans made under sections	8437
1321.51 to 1321.60 of the Revised Code, for the purpose of	8438
determining whether the registrant is complying with these	8439
sections and of verifying the registrant's annual report.	8440

(B)(1) As required by the superintendent of financial	8441
institutions, each registrant shall file with the division each	8442
year aan annual report under oath or affirmation, on forms	8443
supplied by the division, concerning the business and operations	8444
for the preceding calendar year. Whenever a registrant operates	8445
two or more registered offices or whenever two or more affiliated	8446
registrants operate registered offices, then a composite report of	8447
the group of registered offices may be filed in lieu of individual	8448
reports. For purposes of compliance with this requirement, the	8449
superintendent may accept call reports or other reports of	8450
condition submitted to the nationwide mortgage licensing system	8451
and registry in lieu of the annual report.	8452

(2) The ~~division~~superintendent shall publish annually an	8453
analysis of the information required under ~~division~~divisions	8454
(B)(1) and (3) of this section, but the individual reports,	8455
whether filed with the superintendent or the nationwide mortgage	8456
licensing system and registry, shall not be public records and	8457
shall not be open to public inspection.	8458

(3) Each mortgage licensee shall submit to the nationwide	8459
mortgage licensing system and registry call reports or other	8460
reports of condition, which shall be in such form and shall	8461
contain such information as the nationwide mortgage licensing	8462
system and registry may require.	8463

(C)(1) The following information is confidential:

8464

(a) Examination information, and any information leading to	8465
or arising from an examination;	8466

(b) Investigation information, and any information arising	8467
from or leading to an investigation.	8468

(2) The information described in division (C)(1) of this	8469
section shall remain confidential for all purposes except when it	8470
is necessary for the superintendent to take official action	8471
regarding the affairs of a registrant or licensee, or in	8472
connection with criminal or civil proceedings to be initiated by a	8473
prosecuting attorney or the attorney general. This information may	8474
also be introduced into evidence or disclosed when and in the	8475
manner authorized by section 1181.25 of the Revised Code.	8476

(D) All application information, except social security	8477
numbers, employer identification numbers, financial account	8478
numbers, the identity of the institution where financial accounts	8479
are maintained, personal financial information, fingerprint cards	8480
and the information contained on such cards, and criminal	8481
background information, is a public record as defined in section	8482
149.43 of the Revised Code.	8483

(E) This section does not prevent the division of financial	8484
institutions from releasing to or exchanging with other financial	8485
institution regulatory authorities information relating to	8486
registrants and licensees. For this purpose, a "financial	8487
institution regulatory authority" includes a regulator of a	8488
business activity in which a registrant or licensee is engaged, or	8489
has applied to engage in, to the extent that the regulator has	8490
jurisdiction over a registrant or licensee engaged in that	8491
business activity. A registrant or licensee is engaged in a	8492
business activity, and a regulator of that business activity has	8493
jurisdiction over the registrant or licensee, whether the	8494
registrant or licensee conducts the activity directly or a	8495
subsidiary or affiliate of the registrant or licensee conducts the	8496
activity.	8497

(1) Any confidentiality or privilege arising under federal or	8498
state law with respect to any information or material provided to	8499
the nationwide mortgage licensing system and registry shall	8500
continue to apply to the information or material after the	8501
information or material has been provided to the nationwide	8502
mortgage licensing system and registry. The information and	8503
material so provided may be shared with all state and federal	8504
regulatory officials with mortgage industry oversight authority	8505
without the loss of confidentiality or privilege protections	8506
provided by federal law or the law of any state. Information or	8507
material described in division (E)(1) of this section to which	8508
confidentiality or privilege applies shall not be subject to any	8509
of the following:	8510

(a) Disclosure under any federal or state law governing	8511
disclosure to the public of information held by an officer or an	8512
agency of the federal government or of the respective state;	8513

(b) Subpoena or discovery, or admission into evidence, in any	8514
private civil action or administrative process, unless the person	8515
to whom such information or material pertains waives, in whole or	8516
in part and at the discretion of the person, any privilege held by	8517
the nationwide mortgage licensing system and registry with respect	8518
to that information or material.	8519

(2) The superintendent, in order to promote more effective	8520
regulation and reduce regulatory burden through supervisory	8521
information sharing, may enter into sharing arrangements with	8522
other governmental agencies, the conference of state bank	8523
supervisors, and the American association of residential mortgage	8524
regulators.	8525

(3) Any state law, including section 149.43 of the Revised	8526
Code, relating to the disclosure of confidential supervisory	8527
information or any information or material described in division	8528
(C)(1) or (E)(1) of this section that is inconsistent with this	8529
section shall be superseded by the requirements of this section.	8530

(F) This section shall not apply with respect to information	8531
or material relating to the employment history of, and publicly	8532
adjudicated disciplinary and enforcement actions against, mortgage	8533
loan originators that is included in the nationwide mortgage	8534
licensing system and registry for access by the public.	8535

(G) This section does not prevent the division from releasing	8536
information relating to registrants and licensees to the attorney	8537
general, to the superintendent of real estate and professional	8538
licensing for purposes relating to the administration of Chapters	8539
4735. and 4763. of the Revised Code, to the superintendent of	8540
insurance for purposes relating to the administration of Chapter	8541
3953. of the Revised Code, to the commissioner of securities for	8542
purposes relating to the administration of Chapter 1707. of the	8543
Revised Code, or to local law enforcement agencies and local	8544
prosecutors. Information the division releases pursuant to this	8545
section remains confidential.	8546

(H) The superintendent of financial institutions shall, by	8547
rule adopted in accordance with Chapter 119. of the Revised Code,	8548
establish a process by which mortgage loan originators may	8549
challenge information provided to the nationwide mortgage	8550
licensing system and registry by the superintendent.	8551

(I) No person, in connection with any examination or	8552
investigation conducted by the superintendent under sections	8553
1321.51 to 1321.60 of the Revised Code, shall knowingly do any of	8554
the following:	8555

(1) Circumvent, interfere with, obstruct, or fail to	8556
cooperate, including making a false or misleading statement,	8557
failing to produce records, or intimidating or suborning any	8558
witness;	8559

(2) Withhold, abstract, remove, mutilate, destroy, or secrete	8560
any books, records, computer records, or other information;	8561

(3) Tamper with, alter, or manufacture any evidence.

8562

Sec. 1322.03. (A) An application for a certificate of	8563
registration as a mortgage broker shall be in writing, under oath,	8564
and in the form prescribed by the superintendent of financial	8565
institutions. The application shall be accompanied by a	8566
nonrefundable application fee of five hundred dollars for each	8567
location of an office to be maintained by the applicant in	8568
accordance with division (A) of section 1322.02 of the Revised	8569
Code and any additional fee required by the nationwide mortgage	8570
licensing system and registry. The application shall provide all	8571
of the following:	8572

(1) The location or locations where the business is to be	8573
transacted and whether any location is a residence. If any	8574
location where the business is to be transacted is a residence,	8575
the superintendent may require that the application be accompanied	8576
by a copy of a zoning permit authorizing the use of the residence	8577
for commercial purposes, or by a written opinion or other document	8578
issued by the county or political subdivision where the residence	8579
is located certifying that the use of the residence to transact	8580
business as a mortgage broker is not prohibited by the county or	8581
political subdivision.	8582

(2)(a) In the case of a sole proprietor, the name and address	8583
of the sole proprietor;	8584

(b) In the case of a partnership, the name and address of	8585
each partner;	8586

(c) In the case of a corporation, the name and address of	8587
each shareholder owning five per cent or more of the corporation;	8588

(d) In the case of any other entity, the name and address of	8589
any person that owns five per cent or more of the entity that will	8590
transact business as a mortgage broker.	8591

(3) Each applicant shall designate an employee or owner of	8592
the applicant as the applicant's operations manager. While acting	8593
as the operations manager, the employee or owner shall be licensed	8594
as a loan originator under sections 1322.01 to 1322.12 of the	8595
Revised Code and shall not be employed by any other mortgage	8596
broker.	8597

(4) Evidence that the person designated on the application	8598
pursuant to division (A)(3) of this section possesses at least	8599
three years of experience in the residential mortgage and lending	8600
field, which experience may include employment with or as a	8601
mortgage broker or with a depository institution, mortgage lending	8602
institution, or other lending institution, or possesses at least	8603
three years of other experience related specifically to the	8604
business of residential mortgage loans that the superintendent	8605
determines meets the requirements of division (A)(4) of this	8606
section;	8607

(5) Evidence that the person designated on the application	8608
pursuant to division (A)(3) of this section has successfully	8609
completed the pre-licensing instruction requirements set forth in	8610
section 1322.031 of the Revised Code;	8611

(6) Evidence of compliance with the surety bond requirements	8612
of section 1322.05 of the Revised Code and with sections 1322.01	8613
to 1322.12 of the Revised Code;	8614

(7) In the case of a foreign business entity, evidence that	8615
it maintains a license or registration pursuant to Chapter 1703.,	8616
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to	8617
transact business in this state;	8618

(8) Evidence that the applicant's operations manager has	8619
successfully completed the written test required ~~under division~~	8620
~~(A) of~~by section 1322.051 of the Revised Code;	8621

(9) Any further information that the superintendent requires.

8622

(B) Upon the filing of the application and payment of the	8623
nonrefundable application fee and any fee required by the	8624
nationwide mortgage licensing system and registry, the	8625
superintendent of financial institutions shall investigate the	8626
applicant, and any individual whose identity is required to be	8627
disclosed in the application, as set forth in division (B) of this	8628
section.	8629

(1)(a) Notwithstanding division (K) of section 121.08 of the	8630
Revised Code, the superintendent shall obtain a criminal history	8631
records check and, as part of that records check, request that	8632
criminal record information from the federal bureau of	8633
investigation be obtained. To fulfill this requirement, the	8634
superintendent shall do either of the following:	8635

(i) Request the superintendent of the bureau of criminal	8636
identification and investigation, or a vendor approved by the	8637
bureau, to conduct a criminal records check based on the	8638
applicant's fingerprints or, if the fingerprints are unreadable,	8639
based on the applicant's social security number, in accordance	8640
with division (A)(12) of section 109.572 of the Revised Code;	8641

(ii) Authorize the nationwide mortgage licensing system and	8642
registry to request a criminal history background check.	8643

(b) Any fee required under division (C)(3) of section 109.572	8644
of the Revised Code or by the nationwide mortgage licensing system	8645
and registry shall be paid by the applicant.	8646

(2) The superintendent shall conduct a civil records check.

8647

(3) If, in order to issue a certificate of registration to an	8648
applicant, additional investigation by the superintendent outside	8649
this state is necessary, the superintendent may require the	8650
applicant to advance sufficient funds to pay the actual expenses	8651
of the investigation, if it appears that these expenses will	8652
exceed five hundred dollars. The superintendent shall provide the	8653
applicant with an itemized statement of the actual expenses that	8654
the applicant is required to pay.	8655

(C) The superintendent shall pay all funds advanced and	8656
application and renewal fees and penalties the superintendent	8657
receives pursuant to this section and section 1322.04 of the	8658
Revised Code to the treasurer of state to the credit of the	8659
consumer finance fund created in section 1321.21 of the Revised	8660
Code.	8661

(D) If an application for a mortgage broker certificate of	8662
registration does not contain all of the information required	8663
under division (A) of this section, and if that information is not	8664
submitted to the superintendent or to the nationwide mortgage	8665
licensing system and registry within ninety days after the	8666
superintendent or the nationwide mortgage licensing system and	8667
registry requests the information in writing, including by	8668
electronic transmission or facsimile, the superintendent may	8669
consider the application withdrawn.	8670

(E) A mortgage broker certificate of registration and the	8671
authority granted under that certificate is not transferable or	8672
assignable and cannot be franchised by contract or any other	8673
means.	8674

(F) The registration requirements of this chapter apply to	8675
any person acting as a mortgage broker, and no person is exempt	8676
from the requirements of this chapter on the basis of prior work	8677
or employment as a mortgage broker.	8678

(G) The superintendent may establish relationships or enter	8679
into contracts with the nationwide mortgage licensing system and	8680
registry, or any entities designated by it, to collect and	8681
maintain records and process transaction fees or other fees	8682
related to mortgage broker certificates of registration or the	8683
persons associated with a mortgage broker.	8684

Sec. 1322.031. (A) An application for a license as a loan	8685
originator shall be in writing, under oath, and in the form	8686
prescribed by the superintendent of financial institutions. The	8687
application shall be accompanied by a nonrefundable application	8688
fee of one hundred fifty dollars and any additional fee required	8689
by the nationwide mortgage licensing system and registry.	8690

(B)(1) The application shall provide evidence, acceptable to	8691
the superintendent, that the applicant has successfully completed	8692
at least twenty-four hours of pre-licensing instruction consisting	8693
of all of the following:	8694

(a) Twenty hours of instruction in a course or program of	8695
study reviewed and approved by the nationwide mortgage licensing	8696
system and registry;	8697

(b) Four hours of instruction in a course or program of study	8698
reviewed and approved by the superintendent concerning state	8699
lending laws and the Ohio consumer sales practices act, Chapter	8700
1345. of the Revised Code, as it applies to registrants and	8701
licensees.	8702

(2) Notwithstanding division (B)(1) of this section, until	8703
the nationwide mortgage licensing system and registry implements a	8704
review and approval program, the application shall provide	8705
evidence, as determined by the superintendent, that the applicant	8706
has successfully completed at least twenty-four hours of	8707
instruction in a course or program of study approved by the	8708
superintendent that consists of at least all of the following:	8709

(a) Four hours of instruction concerning state and federal	8710
mortgage lending laws, which shall include no less than two hours	8711
on this chapter;	8712

(b) Four hours of instruction concerning the Ohio consumer	8713
sales practices act, Chapter 1345. of the Revised Code, as it	8714
applies to registrants and licensees;	8715

(c) Four hours of instruction concerning the loan application	8716
process;	8717

(d) Two hours of instruction concerning the underwriting	8718
process;	8719

(e) Two hours of instruction concerning the secondary market	8720
for mortgage loans;	8721

(f) Four hours of instruction concerning the loan closing	8722
process;	8723

(g) Two hours of instruction covering basic mortgage	8724
financing concepts and terms;	8725

(h) Two hours of instruction concerning the ethical	8726
responsibilities of a registrant and a licensee, including with	8727
respect to confidentiality, consumer counseling, and the duties	8728
and standards of care created in section 1322.081 of the Revised	8729
Code.	8730

(3) For purposes of division (B)(1)(a) of this section, the	8731
review and approval of a course or program of study includes the	8732
review and approval of the provider of the course or program of	8733
study.	8734

(4) If an applicant held a valid loan originator license	8735
issued by this state at any time during the immediately preceding	8736
five-year period, the applicant shall not be required to complete	8737
any additional pre-licensing instruction. For this purpose, any	8738
time during which the individual is a registered loan originator	8739
shall not be taken into account.	8740

(5) A person having successfully completed the pre-licensing	8741
education requirement reviewed and approved by the nationwide	8742
mortgage licensing system and registry for any state within the	8743
previous five years shall be granted credit toward completion of	8744
the pre-licensing education requirement of this state.	8745

(C) In addition to the information required under division	8746
(B) of this section, the application shall provide both of the	8747
following:	8748

(1) Evidence that the applicant passed a written test that	8749
meets the requirements described in ~~division (B) of~~ section	8750
1322.051 of the Revised Code;	8751

(2) Any further information that the superintendent requires.

8752

(D) Upon the filing of the application and payment of the	8753
application fee and any fee required by the nationwide mortgage	8754
licensing system and registry, the superintendent of financial	8755
institutions shall investigate the applicant as set forth in	8756
division (D) of this section.	8757

(1)(a) Notwithstanding division (K) of section 121.08 of the	8758
Revised Code, the superintendent shall obtain a criminal history	8759
records check and, as part of the records check, request that	8760
criminal record information from the federal bureau of	8761
investigation be obtained. To fulfill this requirement, the	8762
superintendent shall do either of the following:	8763

(i) Request the superintendent of the bureau of criminal	8764
identification and investigation, or a vendor approved by the	8765
bureau, to conduct a criminal records check based on the	8766
applicant's fingerprints or, if the fingerprints are unreadable,	8767
based on the applicant's social security number, in accordance	8768
with division (A)(12) of section 109.572 of the Revised Code;	8769

(ii) Authorize the nationwide mortgage licensing system and	8770
registry to request a criminal history background check.	8771

(b) Any fee required under division (C)(3) of section 109.572	8772
of the Revised Code or by the nationwide mortgage licensing system	8773
and registry shall be paid by the applicant.	8774

(2) The superintendent shall conduct a civil records check.

8775

(3) If, in order to issue a license to an applicant,	8776
additional investigation by the superintendent outside this state	8777
is necessary, the superintendent may require the applicant to	8778
advance sufficient funds to pay the actual expenses of the	8779
investigation, if it appears that these expenses will exceed one	8780
hundred fifty dollars. The superintendent shall provide the	8781
applicant with an itemized statement of the actual expenses that	8782
the applicant is required to pay.	8783

(E)(1) In connection with applying for a loan originator	8784
license, the applicant shall furnish to the nationwide mortgage	8785
licensing system and registry the following information concerning	8786
the applicant's identity:	8787

(a) The applicant's fingerprints for submission to the	8788
federal bureau of investigation, and any other governmental agency	8789
or entity authorized to receive such information, for purposes of	8790
a state, national, and international criminal history background	8791
check;	8792

(b) Personal history and experience in a form prescribed by	8793
the nationwide mortgage licensing system and registry, along with	8794
authorization for the superintendent and the nationwide mortgage	8795
licensing system and registry to obtain the following:	8796

(i) An independent credit report from a consumer reporting	8797
agency;	8798

(ii) Information related to any administrative, civil, or	8799
criminal findings by any governmental jurisdiction.	8800

(2) In order to effectuate the purposes of divisions	8801
(E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent	8802
may use the conference of state bank supervisors, or a wholly	8803
owned subsidiary, as a channeling agent for requesting information	8804
from and distributing information to the United States department	8805
of justice or any other governmental agency. The superintendent	8806
may also use the nationwide mortgage licensing system and registry	8807
as a channeling agent for requesting information from and	8808
distributing information to any source related to matters subject	8809
to those divisions of this section.	8810

(F) The superintendent shall pay all funds advanced and	8811
application and renewal fees and penalties the superintendent	8812
receives pursuant to this section and section 1322.041 of the	8813
Revised Code to the treasurer of state to the credit of the	8814
consumer finance fund created in section 1321.21 of the Revised	8815
Code.	8816

(G) If an application for a loan originator license does not	8817
contain all of the information required under this section, and if	8818
that information is not submitted to the superintendent or to the	8819
nationwide mortgage licensing system and registry within ninety	8820
days after the superintendent or the nationwide mortgage licensing	8821
system and registry requests the information in writing, including	8822
by electronic transmission or facsimile, the superintendent may	8823
consider the application withdrawn.	8824

(H)(1) The business of a loan originator shall principally be	8825
transacted at an office of the mortgage broker with whom the	8826
licensee is employed or associated, which office is registered in	8827
accordance with division (A) of section 1322.02 of the Revised	8828
Code. Each original loan originator license shall be deposited	8829
with and maintained by the mortgage broker at the mortgage	8830
broker's main office. A copy of the license shall be maintained	8831
and displayed at the office where the loan originator principally	8832
transacts business.	8833

(2) If a loan originator's employment or association is	8834
terminated for any reason, the mortgage broker shall return the	8835
original loan originator license to the superintendent within five	8836
business days after the termination. The licensee may request the	8837
transfer of the license to another mortgage broker by submitting a	8838
transfer application, along with a fifteen dollar fee and any fee	8839
required by the national mortgage licensing system and registry,	8840
to the superintendent or may request the superintendent in writing	8841
to hold the license in escrow. Any licensee whose license is held	8842
in escrow shall cease activity as a loan originator. A licensee	8843
whose license is held in escrow shall be required to apply for	8844
renewal annually and to comply with the annual continuing	8845
education requirement.	8846

(3) A mortgage broker may employ or be associated with a loan	8847
originator on a temporary basis pending the transfer of the loan	8848
originator's license to the mortgage broker, if the mortgage	8849
broker receives written confirmation from the superintendent that	8850
the loan originator is licensed under sections 1322.01 to 1322.12	8851
of the Revised Code.	8852

(4) Notwithstanding divisions (H)(1) to (3) of this section,	8853
if a licensee is employed by or associated with a person or entity	8854
listed in division (G)(2) of section 1322.01 of the Revised Code,	8855
all of the following apply:	8856

(a) The licensee shall maintain and display the original loan	8857
originator license at the office where the licensee principally	8858
transacts business;	8859

(b) If the loan originator's employment or association is	8860
terminated, the loan originator shall return the original loan	8861
originator license to the superintendent within five business days	8862
after termination. The licensee may request the transfer of the	8863
license to a mortgage broker or another person or entity listed in	8864
division (G)(2) of section 1322.01 of the Revised Code by	8865
submitting a transfer application, along with a fifteen-dollar fee	8866
and any fee required by the national mortgage licensing system and	8867
registry, to the superintendent or may request the superintendent	8868
in writing to hold the license in escrow. A licensee whose license	8869
is held in escrow shall cease activity as a loan originator. A	8870
licensee whose license is held in escrow shall be required to	8871
apply for renewal annually and to comply with the annual	8872
continuing education requirement.	8873

(c) The licensee may seek to be employed or associated with a	8874
mortgage broker or person or entity listed in division (G)(2) of	8875
section 1322.01 of the Revised Code if the mortgage broker or	8876
person or entity receives written confirmation from the	8877
superintendent that the loan originator is licensed under sections	8878
1322.01 to 1322.12 of the Revised Code.	8879

(I) The superintendent may establish relationships or enter	8880
into contracts with the nationwide mortgage licensing system and	8881
registry, or any entities designated by it, to collect and	8882
maintain records and process transaction fees or other fees	8883
related to loan originator licenses or the persons associated with	8884
a licensee.	8885

(J) A loan originator license, or the authority granted under	8886
that license, is not assignable and cannot be franchised by	8887
contract or any other means.	8888

Sec. 1322.04. (A) Upon the conclusion of the investigation	8889
required under division (B) of section 1322.03 of the Revised	8890
Code, the superintendent of financial institutions shall issue a	8891
certificate of registration to the applicant if the superintendent	8892
finds that the following conditions are met:	8893

(1) The application is accompanied by the application fee and	8894
any fee required by the nationwide mortgage licensing system and	8895
registry.	8896

(a) If a check or other draft instrument is returned to the	8897
superintendent for insufficient funds, the superintendent shall	8898
notify the applicant by certified mail, return receipt requested,	8899
that the application will be withdrawn unless the applicant,	8900
within thirty days after receipt of the notice, submits the	8901
application fee and a one-hundred-dollar penalty to the	8902
superintendent. If the applicant does not submit the application	8903
fee and penalty within that time period, or if any check or other	8904
draft instrument used to pay the fee or penalty is returned to the	8905
superintendent for insufficient funds, the application shall be	8906
withdrawn.	8907

(b) If a check or other draft instrument is returned to the	8908
superintendent for insufficient funds after the certificate of	8909
registration has been issued, the superintendent shall notify the	8910
registrant by certified mail, return receipt requested, that the	8911
certificate of registration issued in reliance on the check or	8912
other draft instrument will be canceled unless the registrant,	8913
within thirty days after receipt of the notice, submits the	8914
application fee and a one-hundred-dollar penalty to the	8915
superintendent. If the registrant does not submit the application	8916
fee and penalty within that time period, or if any check or other	8917
draft instrument used to pay the fee or penalty is returned to the	8918
superintendent for insufficient funds, the certificate of	8919
registration shall be canceled immediately without a hearing, and	8920
the registrant shall cease activity as a mortgage broker.	8921

(2) If the application is for a location that is a residence,	8922
evidence that the use of the residence to transact business as a	8923
mortgage broker is not prohibited.	8924

(3) The person designated on the application pursuant to	8925
division (A)(3) of section 1322.03 of the Revised Code meets the	8926
experience requirements provided in division (A)(4) of section	8927
1322.03 of the Revised Code and the education requirements set	8928
forth in division (A)(5) of section 1322.03 of the Revised Code.	8929

(4) The applicant maintains all necessary filings and	8930
approvals required by the secretary of state.	8931

(5) The applicant complies with the surety bond requirements	8932
of section 1322.05 of the Revised Code.	8933

(6) The applicant complies with sections 1322.01 to 1322.12	8934
of the Revised Code and the rules adopted thereunder.	8935

(7) Neither the applicant nor any person whose identity is	8936
required to be disclosed on an application for a mortgage broker	8937
certificate of registration has had a mortgage broker certificate	8938
of registration or loan originator license, or any comparable	8939
authority, revoked in any governmental jurisdiction or has pleaded	8940
guilty or nolo contendere to or been convicted of any of the	8941
following in a domestic, foreign, or military court:	8942

(a) During the seven-year period immediately preceding the	8943
date of application for the certificate of registration, a	8944
misdemeanor involving theft or any felony;	8945

(b) At any time prior to the date the application for the	8946
certificate of registration is approved, a felony involving an act	8947
of fraud, dishonesty, a breach of trust, theft, or money	8948
laundering.	8949

(8) Based on the totality of the circumstances and	8950
information submitted in the application, the applicant has proven	8951
to the superintendent, by a preponderance of the evidence, that	8952
the applicant is of good business repute, appears qualified to act	8953
as a mortgage broker, has fully complied with sections 1322.01 to	8954
1322.12 of the Revised Code and the rules adopted thereunder, and	8955
meets all of the conditions for issuing a mortgage broker	8956
certificate of registration.	8957

(9) The applicant's operations manager successfully completed	8958
the examination required ~~under division (A) of~~by section 1322.051	8959
of the Revised Code.	8960

(10) The applicant's financial responsibility, experience,	8961
character, and general fitness command the confidence of the	8962
public and warrant the belief that the business will be operated	8963
honestly and fairly in compliance with the purposes of sections	8964
1322.01 to 1322.12 of the Revised Code and the rules adopted	8965
thereunder. The superintendent shall not use a credit score as the	8966
sole basis for registration denial.	8967

(B) For purposes of determining whether an applicant that is	8968
a partnership, corporation, or other business entity or	8969
association has met the conditions set forth in divisions (A)(7),	8970
(A)(8), and (A)(10) of this section, the superintendent shall	8971
determine which partners, shareholders, or persons named in the	8972
application pursuant to division (A)(2) of section 1322.03 of the	8973
Revised Code must meet the conditions set forth in divisions	8974
(A)(7), (A)(8), and (A)(10) of this section. This determination	8975
shall be based on the extent and nature of the partner's,	8976
shareholder's, or person's ownership interest in the partnership,	8977
corporation, or other business entity or association that is the	8978
applicant and on whether the person is in a position to direct,	8979
control, or adversely influence the operations of the applicant.	8980

(C) The certificate of registration issued pursuant to	8981
division (A) of this section may be renewed annually on or before	8982
the thirty-first day of December if the superintendent finds that	8983
all of the following conditions are met:	8984

(1) The renewal application is accompanied by a nonrefundable	8985
renewal fee of five hundred dollars for each location of an office	8986
to be maintained by the applicant in accordance with division (A)	8987
of section 1322.02 of the Revised Code and any fee required by the	8988
nationwide mortgage licensing system and registry. If a check or	8989
other draft instrument is returned to the superintendent for	8990
insufficient funds, the superintendent shall notify the registrant	8991
by certified mail, return receipt requested, that the certificate	8992
of registration renewed in reliance on the check or other draft	8993
instrument will be canceled unless the registrant, within thirty	8994
days after receipt of the notice, submits the renewal fee and a	8995
one-hundred-dollar penalty to the superintendent. If the	8996
registrant does not submit the renewal fee and penalty within that	8997
time period, or if any check or other draft instrument used to pay	8998
the fee or penalty is returned to the superintendent for	8999
insufficient funds, the certificate of registration shall be	9000
canceled immediately without a hearing and the registrant shall	9001
cease activity as a mortgage broker.	9002

(2) The operations manager designated under division (A)(3)	9003
of section 1322.03 of the Revised Code has completed, at least	9004
eight hours of continuing education as required under section	9005
1322.052 of the Revised Code.	9006

(3) The applicant meets the conditions set forth in divisions	9007
(A)(2) to (10) of this section.	9008

(4) The applicant's mortgage broker certificate of	9009
registration is not subject to an order of suspension or an unpaid	9010
and past due fine imposed by the superintendent.	9011

(D)(1) Subject to division (D)(2) of this section, if a	9012
renewal fee or additional fee required by the nationwide mortgage	9013
licensing system and registry is received by the superintendent	9014
after the thirty-first day of December, the mortgage broker	9015
certificate of registration shall not be considered renewed, and	9016
the applicant shall cease activity as a mortgage broker.	9017

(2) Division (D)(1) of this section shall not apply if the	9018
applicant, no later than the thirty-first day of January, submits	9019
the renewal fee or additional fee and a one-hundred-dollar penalty	9020
to the superintendent.	9021

(E) If the person designated as the operations manager	9022
pursuant to division (A)(3) of section 1322.03 of the Revised Code	9023
is no longer the operations manager, the registrant shall do all	9024
of the following:	9025

(1) Within ninety days after the departure of the designated	9026
operations manager, designate another person as the operations	9027
manager;	9028

(2) Within ten days after the designation described in	9029
division (E)(1) of this section, notify the superintendent in	9030
writing of the designation;	9031

(3) Submit any additional information that the superintendent	9032
requires to establish that the newly designated operations manager	9033
complies with the requirements set forth in section 1322.03 of the	9034
Revised Code.	9035

(F) The registrant shall cease operations if it is without an	9036
operations manager approved by the superintendent for more than	9037
one hundred eighty days unless otherwise authorized in writing by	9038
the superintendent due to exigent circumstances.	9039

(G) Mortgage broker certificates of registration issued on or	9040
after May 1, 2010, annually expire on the thirty-first day of	9041
December.	9042

Sec. 1322.041. (A) Upon the conclusion of the investigation	9043
required under division (D) of section 1322.031 of the Revised	9044
Code, the superintendent of financial institutions shall issue a	9045
loan originator license to the applicant if the superintendent	9046
finds that the following conditions are met:	9047

(1) The application is accompanied by the application fee and	9048
any fee required by the nationwide mortgage licensing system and	9049
registry.	9050

(a) If a check or other draft instrument is returned to the	9051
superintendent for insufficient funds, the superintendent shall	9052
notify the applicant by certified mail, return receipt requested,	9053
that the application will be withdrawn unless the applicant,	9054
within thirty days after receipt of the notice, submits the	9055
application fee and a one-hundred-dollar penalty to the	9056
superintendent. If the applicant does not submit the application	9057
fee and penalty within that time period, or if any check or other	9058
draft instrument used to pay the fee or penalty is returned to the	9059
superintendent for insufficient funds, the application shall be	9060
withdrawn.	9061

(b) If a check or other draft instrument is returned to the	9062
superintendent for insufficient funds after the license has been	9063
issued, the superintendent shall notify the licensee by certified	9064
mail, return receipt requested, that the license issued in	9065
reliance on the check or other draft instrument will be canceled	9066
unless the licensee, within thirty days after receipt of the	9067
notice, submits the application fee and a one-hundred-dollar	9068
penalty to the superintendent. If the licensee does not submit the	9069
application fee and penalty within that time period, or if any	9070
check or other draft instrument used to pay the fee or penalty is	9071
returned to the superintendent for insufficient funds, the license	9072
shall be canceled immediately without a hearing, and the licensee	9073
shall cease activity as a loan originator.	9074

(2) The applicant complies with sections 1322.01 to 1322.12	9075
of the Revised Code and the rules adopted thereunder.	9076

(3) The applicant has not been convicted of or pleaded guilty	9077
or nolo contendere to any of the following in a domestic, foreign,	9078
or military court:	9079

(a) During the seven-year period immediately preceding the	9080
date of application for the license, a misdemeanor involving theft	9081
or any felony;	9082

(b) At any time prior to the date the application for the	9083
license is approved, a felony involving an act of fraud,	9084
dishonesty, a breach of trust, theft, or money laundering.	9085

(4) Based on the totality of the circumstances and	9086
information submitted in the application, the applicant has proven	9087
to the superintendent, by a preponderance of the evidence, that	9088
the applicant is of good business repute, appears qualified to act	9089
as a loan originator, has fully complied with sections 1322.01 to	9090
1322.12 of the Revised Code and the rules adopted thereunder, and	9091
meets all of the conditions for issuing a loan originator license.	9092

(5) The applicant successfully completed the written test	9093
required ~~under division (B) of~~by section 1322.051 of the Revised	9094
Code and completed the prelicensing instruction set forth in	9095
division (B) of section 1322.031 of the Revised Code.	9096

(6) The applicant's financial responsibility, character, and	9097
general fitness command the confidence of the public and warrant	9098
the belief that the business will be operated honestly and fairly	9099
in compliance with the purposes of sections 1322.01 to 1322.12 of	9100
the Revised Code. The superintendent shall not use a credit score	9101
as the sole basis for a license denial.	9102

(7) The applicant is in compliance with the surety bond	9103
requirements of section 1322.05 of the Revised Code.	9104

(8) The applicant has not had a loan originator license, or	9105
comparable authority, revoked in any governmental jurisdiction.	9106

(B) The license issued under division (A) of this section may	9107
be renewed annually on or before the thirty-first day of December	9108
if the superintendent finds that all of the following conditions	9109
are met:	9110

(1) The renewal application is accompanied by a nonrefundable	9111
renewal fee of one hundred fifty dollars and any fee required by	9112
the nationwide mortgage licensing system and registry. If a check	9113
or other draft instrument is returned to the superintendent for	9114
insufficient funds, the superintendent shall notify the licensee	9115
by certified mail, return receipt requested, that the license	9116
renewed in reliance on the check or other draft instrument will be	9117
canceled unless the licensee, within thirty days after receipt of	9118
the notice, submits the renewal fee and a one-hundred-dollar	9119
penalty to the superintendent. If the licensee does not submit the	9120
renewal fee and penalty within that time period, or if any check	9121
or other draft instrument used to pay the fee or penalty is	9122
returned to the superintendent for insufficient funds, the license	9123
shall be canceled immediately without a hearing, and the licensee	9124
shall cease activity as a loan originator.	9125

(2) The applicant has completed at least eight hours of	9126
continuing education as required under section 1322.052 of the	9127
Revised Code.	9128

(3) The applicant meets the conditions set forth in divisions	9129
(A)(2) to (8) of this section; provided, however, that an	9130
applicant who was issued a loan officer license prior to January	9131
1, 2010, and has continuously maintained that license shall not be	9132
required to meet the condition described in division (B)(1)(b) of	9133
section 1322.031 of the Revised Code.	9134

(4) The applicant's license is not subject to an order of	9135
suspension or an unpaid and past due fine imposed by the	9136
superintendent.	9137

(C)(1) Subject to division (C)(2) of this section, if a	9138
license renewal application or renewal fee, including any fee	9139
required by the nationwide mortgage licensing system and registry,	9140
is received by the superintendent after the thirty-first day of	9141
December, the license shall not be considered renewed, and the	9142
applicant shall cease activity as a loan originator.	9143

(2) Division (C)(1) of this section shall not apply if the	9144
applicant, no later than the thirty-first day of January, submits	9145
the renewal application and fees and a one-hundred-dollar penalty	9146
to the superintendent.	9147

(D) Loan originator licenses issued on or after May 1, 2010,	9148
annually expire on the thirty-first day of December.	9149

Sec. 1322.051. ~~(A)~~ Each person designated under division	9150
(A)(3) of section 1322.03 of the Revised Code to act as operations	9151
manager for a mortgage broker business ~~shall submit to a written~~	9152
~~test approved by the superintendent of financial institutions. An~~	9153
~~individual shall not be considered to have passed the written test~~	9154
~~unless the individual achieves a test score of at least~~	9155
~~seventy-five per cent correct answers to all questions.~~	9156

~~(B) Each~~and each applicant for a loan originator license	9157
shall submit to a written test that is developed and approved by	9158
the nationwide mortgage licensing system and registry and	9159
administered by a test provider approved by the nationwide	9160
mortgage licensing system and registry based on reasonable	9161
standards.	9162

~~(1)~~(A) The test shall adequately measure the designee's or	9163
applicant's knowledge and comprehension in appropriate subject	9164
areas, including ethics, federal and state law related to mortgage	9165
origination, fraud, consumer protection, and the nontraditional	9166
mortgage marketplace, and fair lending issues.	9167

~~(2)~~(B) An individual shall not be considered to have passed	9168
the written test unless the individual ~~achieves a test score of~~	9169
answers at least seventy-five per cent ~~correct answers on all~~of	9170
the questions ~~and at least seventy-five per cent correct answers~~	9171
~~on all questions relating to state mortgage lending laws and the~~	9172
~~Ohio consumer sales practices act, Chapter 1345. of the Revised~~	9173
~~Code, as it applies to registrants and licensees~~correctly.	9174

~~(3)~~(C) An individual may retake the test three consecutive	9175
times provided the period between taking the tests is at least	9176
thirty days. If an individual fails three consecutive tests, the	9177
individual shall be required to wait at least six months before	9178
taking the test again.	9179

~~(4)~~(D) If a loan originator fails to maintain a valid loan	9180
originator license for a period of five years or longer, the	9181
individual shall be required to retake the test.	9182

For this purpose, any time during which the individual is a	9183
registered loan originator shall not be taken into account.	9184

~~(C) Notwithstanding division (B) of this section, until the~~	9185
~~nationwide mortgage licensing system and registry implements a~~	9186
~~testing process that meets the criteria set forth in that~~	9187
~~division, the superintendent shall require each applicant to pass~~	9188
~~a written test acceptable to the superintendent.~~	9189

Sec. 1322.06. (A) As often as the superintendent of	9190
financial institutions considers it necessary, the superintendent	9191
may examine the registrant's or licensee's records, including all	9192
records created or processed by a licensee, pertaining to business	9193
transacted pursuant to sections 1322.01 to 1322.12 of the Revised	9194
Code.	9195

(B) A registrant or licensee shall maintain records	9196
pertaining to business transacted pursuant to sections 1322.01 to	9197
1322.12 of the Revised Code, including copies of all mortgage loan	9198
origination disclosure statements prepared in accordance with	9199
section 1322.062 of the Revised Code, for four years. For purposes	9200
of this division, "registrant or licensee" includes any person	9201
whose certificate of registration or license is cancelled,	9202
surrendered, or revoked or who otherwise ceases to engage in	9203
business as a mortgage broker or loan originator.	9204

No registrant or licensee shall fail to comply with this	9205
division.	9206

(C) Each registrant and licensee shall submit to the	9207
nationwide mortgage licensing system and registry call reports or	9208
other reports of condition, which reports shall be in such form	9209
and shall contain such information as the nationwide mortgage	9210
licensing system and registry may require.	9211

(D)(1) As required by the superintendent, each registrant	9212
shall file with the division of financial institutions an annual	9213
report under oath or affirmation, on forms supplied by the	9214
division, concerning the business and operations of the registrant	9215
for the preceding calendar year. If a registrant operates two or	9216
more registered offices, or two or more affiliated registrants	9217
operate registered offices, a composite report of the group of	9218
registered offices may be filed in lieu of individual reports. For	9219
purposes of compliance with this requirement, the superintendent	9220
may accept call reports or other reports of condition submitted to	9221
the nationwide mortgage licensing system and registry in lieu of	9222
the annual report.	9223

(2) The ~~division~~superintendent shall publish annually an	9224
analysis of the information required under division (D)(1) of this	9225
section, but the individual reports, whether filed with the	9226
superintendent or the nationwide mortgage licensing system and	9227
registry, shall not be public records and shall not be open to	9228
public inspection or otherwise be subject to section 149.43 of the	9229
Revised Code.	9230

Sec. 1501.01. (A) Except where otherwise expressly provided,	9231
the director of natural resources shall formulate and institute	9232
all the policies and programs of the department of natural	9233
resources. The chief of any division of the department shall not	9234
enter into any contract, agreement, or understanding unless it is	9235
approved by the director. No appointee or employee of the	9236
director, other than the assistant director, may bind the director	9237
in a contract except when given general or special authority to do	9238
so by the director.	9239

The director may enter into contracts or agreements with any	9240
agency of the United States government, any other public agency,	9241
or any private entity or organization for the performance of the	9242
duties of the department.	9243

(B) The director shall correlate and coordinate the work and	9244
activities of the divisions in the department to eliminate	9245
unnecessary duplications of effort and overlapping of functions.	9246
The chiefs of the various divisions of the department shall meet	9247
with the director at least once each month at a time and place	9248
designated by the director.	9249

The director may create advisory boards to any of those	9250
divisions in conformity with section 121.13 of the Revised Code.	9251

(C) The director may accept and expend gifts, devises, and	9252
bequests of money, lands, and other properties on behalf of the	9253
department or any division thereof under the terms set forth in	9254
section 9.20 of the Revised Code. Any political subdivision of	9255
this state may make contributions to the department for the use of	9256
the department or any division therein according to the terms of	9257
the contribution.	9258

(D) The director may publish and sell or otherwise distribute	9259
data, reports, and information.	9260

(E) The director may identify and develop the geographic	9261
information system needs for the department, which may include,	9262
but not be limited to, all of the following:	9263

(1) Assisting in the training and education of department	9264
resource managers, administrators, and other staff in the	9265
application and use of geographic information system technology;	9266

(2) Providing technical support to the department in the	9267
design, preparation of data, and use of appropriate geographic	9268
information system applications in order to help solve resource	9269
related problems and to improve the effectiveness and efficiency	9270
of department delivered services;	9271

(3) Creating, maintaining, and documenting spatial digital	9272
data bases;	9273

(4) Providing information to and otherwise assisting	9274
government officials, planners, and resource managers in	9275
understanding land use planning and resource management;	9276

(5) Providing continuing assistance to local government	9277
officials and others in natural resource digital data base	9278
development and in applying and utilizing the geographic	9279
information system for land use planning, current agricultural use	9280
value assessment, development reviews, coastal management, and	9281
other resource management activities;	9282

(6) Coordinating and administering the remote sensing needs	9283
of the department, including the collection and analysis of aerial	9284
photography, satellite data, and other data pertaining to land,	9285
water, and other resources of the state;	9286

(7) Preparing and publishing maps and digital data relating	9287
to the state's land use and land cover over time on a local,	9288
regional, and statewide basis;	9289

(8) Locating and distributing hard copy maps, digital data,	9290
aerial photography, and other resource data and information to	9291
government agencies and the public;	9292

(9) Preparing special studies and executing any other related	9293
duties, functions, and responsibilities identified by the	9294
director;	9295

(10) Entering into contracts or agreements with any agency of	9296
the United States government, any other public agency, or any	9297
private agency or organization for the performance of the duties	9298
specified in division (E) of this section or for accomplishing	9299
cooperative projects within those duties;	9300

(11) Entering into agreements with local government agencies	9301
for the purposes of land use inventories, Ohio capability analysis	9302
data layers, and other duties related to resource management.	9303

(F) The director shall adopt rules in accordance with Chapter	9304
119. of the Revised Code to permit the department to accept by	9305
means of a credit card the payment of fees, charges, and rentals	9306
at those facilities described in section 1501.07 of the Revised	9307
Code that are operated by the department, for any data, reports,	9308
or information sold by the department, and for any other goods or	9309
services provided by the department.	9310

(G) Whenever authorized by the governor to do so, the	9311
director may appropriate property for the uses and purposes	9312
authorized to be performed by the department and on behalf of any	9313
division within the department. This authority shall be exercised	9314
in the manner provided in sections 163.01 to 163.22 of the Revised	9315
Code for the appropriation of property by the director of	9316
administrative services. This authority to appropriate property is	9317
in addition to the authority provided by law for the appropriation	9318
of property by divisions of the department. The director of	9319
natural resources also may acquire by purchase, lease, or	9320
otherwise such real and personal property rights or privileges in	9321
the name of the state as are necessary for the purposes of the	9322
department or any division therein. The director~~, with the~~	9323
~~approval of the governor and the attorney general~~, in accordance	9324
with section 5301.13 of the Revised Code, if applicable, may sell,	9325
lease, or exchange portions of lands or property, real or	9326
personal, of any division of the department or grant easements or	9327
licenses for the use thereof, or enter into agreements for the	9328
sale of water from lands and waters under the administration or	9329
care of the department or any of its divisions, when the sale,	9330
lease, exchange, easement, agreement, or license for use is in an	9331
amount that is less than one million dollars and is advantageous	9332
to the state~~, provided that such approval is not required for~~	9333
~~leases and contracts made under section 1501.07, 1501.09, or~~	9334
~~1520.03 or Chapter 1523. of the Revised Code~~. With the approval of	9335
the governor, the director, in accordance with section 5301.13 of	9336
the Revised Code, if applicable, may sell, lease, or exchange	9337
portions of, grant easements or licenses for the use of, or enter	9338
into agreements for the sale of such lands, property, or waters in	9339
an amount of one million dollars or more when the sale, lease,	9340
exchange, easement, agreement, or license is advantageous to the	9341
state. Water may be sold from a reservoir only to the extent that	9342
the reservoir was designed to yield a supply of water for a	9343
purpose other than recreation or wildlife, and the water sold is	9344
in excess of that needed to maintain the reservoir for purposes of	9345
recreation or wildlife.	9346

Money received from such sales, leases, easements, exchanges,	9347
agreements, or licenses for use, except revenues required to be	9348
set aside or paid into depositories or trust funds for the payment	9349
of bonds issued under sections 1501.12 to 1501.15 of the Revised	9350
Code, and to maintain the required reserves therefor as provided	9351
in the orders authorizing the issuance of such bonds or the trust	9352
agreements securing such bonds, revenues required to be paid and	9353
credited pursuant to the bond proceeding applicable to obligations	9354
issued pursuant to section 154.22, and revenues generated under	9355
section 1520.05 of the Revised Code, shall be deposited in the	9356
state treasury to the credit of the fund of the division of the	9357
department having prior jurisdiction over the lands or property.	9358
If no such fund exists, the money shall be credited to the general	9359
revenue fund. All such money received from lands or properties	9360
administered by the division of wildlife shall be credited to the	9361
wildlife fund.	9362

(H) The director shall provide for the custody, safekeeping,	9363
and deposit of all moneys, checks, and drafts received by the	9364
department or its employees prior to paying them to the treasurer	9365
of state under section 113.08 of the Revised Code.	9366

(I) The director shall cooperate with the nature conservancy,	9367
other nonprofit organizations, and the United States fish and	9368
wildlife service in order to secure protection of islands in the	9369
Ohio river and the wildlife and wildlife habitat of those islands.	9370

(J) Any instrument by which real property is acquired	9371
pursuant to this section shall identify the agency of the state	9372
that has the use and benefit of the real property as specified in	9373
section 5301.012 of the Revised Code.	9374

Sec. 1501.011. (A) Except as provided in divisions (B), (C),	9375
and (D) of this section, the Ohio facilities construction	9376
commission shall supervise the design and construction of, and	9377
make contracts for the construction, reconstruction, improvement,	9378
enlargement, alteration, repair, or decoration of, any projects or	9379
improvements for the department of natural resources that may be	9380
authorized by legislative appropriations or any other funds	9381
available therefor, the estimated cost of which amounts to two	9382
hundred thousand dollars or more or the amount determined pursuant	9383
to section 153.53 of the Revised Code or more.	9384

(B) The department of natural resources shall administer the	9385
construction of improvements under an agreement with the	9386
supervisors of a soil and water conservation district pursuant to	9387
division (I) of section 1515.08 of the Revised Code.	9388

(C)(1) The department of natural resources shall supervise	9389
the design and construction of, and make contracts for the	9390
construction, reconstruction, improvement, enlargement,	9391
alteration, repair, or decoration of, any of the following	9392
activities, projects, or improvements:	9393

(a) Dam repairs administered by the division of engineering	9394
under Chapter 1507. of the Revised Code;	9395

(b) Projects or improvements administered by the division of	9396
watercraft and funded through the waterways safety fund	9397
established in section 1547.75 of the Revised Code;	9398

(c) Projects or improvements administered by the division of	9399
wildlife under Chapter 1531. or 1533. of the Revised Code;	9400

(d) Activities conducted by the department pursuant to	9401
section 5511.05 of the Revised Code in order to maintain the	9402
department's roadway inventory.	9403

(2) If a contract to be let under division (C)(1) of this	9404
section involves an exigency that concerns the public health,	9405
safety, or welfare or addresses an emergency situation in which	9406
timeliness is crucial in preventing the cost of the contract from	9407
increasing significantly, pursuant to the declaration of a public	9408
exigency, the department may award the contract without	9409
competitive bidding or selection as otherwise required by Chapter	9410
153. of the Revised Code.	9411

A notice published by the department of natural resources	9412
regarding an activity, project, or improvement shall be published	9413
as contemplated in section 7.16 of the Revised Code.	9414

(D) The executive director of the Ohio facilities	9415
construction commission may authorize the department of natural	9416
resources to administer any other project or improvement, the	9417
estimated cost of which, including design fees, construction,	9418
equipment, and contingency amounts, is not more than one million	9419
five hundred thousand dollars.	9420

Sec. 1509.01. As used in this chapter:

9421

(A) "Well" means any borehole, whether drilled or bored,	9422
within the state for production, extraction, or injection of any	9423
gas or liquid mineral, excluding potable water to be used as such,	9424
but including natural or artificial brines and oil field waters.	9425

(B) "Oil" means crude petroleum oil and all other	9426
hydrocarbons, regardless of gravity, that are produced in liquid	9427
form by ordinary production methods, but does not include	9428
hydrocarbons that were originally in a gaseous phase in the	9429
reservoir.	9430

(C) "Gas" means all natural gas and all other fluid	9431
hydrocarbons that are not oil, including condensate.	9432

(D) "Condensate" means liquid hydrocarbons separated at or	9433
near the well pad or along the gas production or gathering system	9434
prior to gas processing.	9435

(E) "Pool" means an underground reservoir containing a common	9436
accumulation of oil or gas, or both, but does not include a gas	9437
storage reservoir. Each zone of a geological structure that is	9438
completely separated from any other zone in the same structure may	9439
contain a separate pool.	9440

(F) "Field" means the general area underlaid by one or more	9441
pools.	9442

(G) "Drilling unit" means the minimum acreage on which one	9443
well may be drilled, but does not apply to a well for injecting	9444
gas into or removing gas from a gas storage reservoir.	9445

(H) "Waste" includes all of the following:

9446

(1) Physical waste, as that term generally is understood in	9447
the oil and gas industry;	9448

(2) Inefficient, excessive, or improper use, or the	9449
unnecessary dissipation, of reservoir energy;	9450

(3) Inefficient storing of oil or gas;

9451

(4) Locating, drilling, equipping, operating, or producing an	9452
oil or gas well in a manner that reduces or tends to reduce the	9453
quantity of oil or gas ultimately recoverable under prudent and	9454
proper operations from the pool into which it is drilled or that	9455
causes or tends to cause unnecessary or excessive surface loss or	9456
destruction of oil or gas;	9457

(5) Other underground or surface waste in the production or	9458
storage of oil, gas, or condensate, however caused.	9459

(I) "Correlative rights" means the reasonable opportunity to	9460
every person entitled thereto to recover and receive the oil and	9461
gas in and under the person's tract or tracts, or the equivalent	9462
thereof, without having to drill unnecessary wells or incur other	9463
unnecessary expense.	9464

(J) "Tract" means a single, ~~individually taxed~~individual	9465
parcel of land ~~appearing on the tax list~~or a portion of a	9466
single, individual parcel of land.	9467

(K) "Owner," unless referring to a mine, means the person who	9468
has the right to drill on a tract or drilling unit, to drill into	9469
and produce from a pool, and to appropriate the oil or gas	9470
produced therefrom either for the person or for others, except	9471
that a person ceases to be an owner with respect to a well when	9472
the well has been plugged in accordance with applicable rules	9473
adopted and orders issued under this chapter. "Owner" does not	9474
include a person who obtains a lease of the mineral rights for oil	9475
and gas on a parcel of land if the person does not attempt to	9476
produce or produce oil or gas from a well or obtain a permit under	9477
this chapter for a well or if the entire interest of a well is	9478
transferred to the person in accordance with division (B) of	9479
section 1509.31 of the Revised Code.	9480

(L) "Royalty interest" means the fee holder's share in the	9481
production from a well.	9482

(M) "Discovery well" means the first well capable of	9483
producing oil or gas in commercial quantities from a pool.	9484

(N) "Prepared clay" means a clay that is plastic and is	9485
thoroughly saturated with fresh water to a weight and consistency	9486
great enough to settle through saltwater in the well in which it	9487
is to be used, except as otherwise approved by the chief of the	9488
division of oil and gas resources management.	9489

(O) "Rock sediment" means the combined cutting and residue	9490
from drilling sedimentary rocks and formation.	9491

(P) "Excavations and workings," "mine," and "pillar" have the	9492
same meanings as in section 1561.01 of the Revised Code.	9493

(Q) "Coal bearing township" means a township designated as	9494
such by the chief of the division of mineral resources management	9495
under section 1561.06 of the Revised Code.	9496

(R) "Gas storage reservoir" means a continuous area of a	9497
subterranean porous sand or rock stratum or strata into which gas	9498
is or may be injected for the purpose of storing it therein and	9499
removing it therefrom and includes a gas storage reservoir as	9500
defined in section 1571.01 of the Revised Code.	9501

(S) "Safe Drinking Water Act" means the "Safe Drinking Water	9502
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the	9503
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42	9504
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986,"	9505
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water	9506
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and	9507
regulations adopted under those acts.	9508

(T) "Person" includes any political subdivision, department,	9509
agency, or instrumentality of this state; the United States and	9510
any department, agency, or instrumentality thereof; and any legal	9511
entity defined as a person under section 1.59 of the Revised Code.	9512

(U) "Brine" means all saline geological formation water	9513
resulting from, obtained from, or produced in connection with	9514
exploration, drilling, well stimulation, production of oil or gas,	9515
or plugging of a well.	9516

(V) "Waters of the state" means all streams, lakes, ponds,	9517
marshes, watercourses, waterways, springs, irrigation systems,	9518
drainage systems, and other bodies of water, surface or	9519
underground, natural or artificial, that are situated wholly or	9520
partially within this state or within its jurisdiction, except	9521
those private waters that do not combine or effect a junction with	9522
natural surface or underground waters.	9523

(W) "Exempt Mississippian well" means a well that meets all	9524
of the following criteria:	9525

(1) Was drilled and completed before January 1, 1980;

9526

(2) Is located in an unglaciated part of the state;

9527

(3) Was completed in a reservoir no deeper than the	9528
Mississippian Big Injun sandstone in areas underlain by	9529
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea	9530
sandstone in areas directly underlain by Permian stratigraphy;	9531

(4) Is used primarily to provide oil or gas for domestic use.

9532

(X) "Exempt domestic well" means a well that meets all of the	9533
following criteria:	9534

(1) Is owned by the owner of the surface estate of the tract	9535
on which the well is located;	9536

(2) Is used primarily to provide gas for the owner's domestic	9537
use;	9538

(3) Is located more than two hundred feet horizontal distance	9539
from any inhabited private dwelling house other than an inhabited	9540
private dwelling house located on the tract on which the well is	9541
located;	9542

(4) Is located more than two hundred feet horizontal distance	9543
from any public building that may be used as a place of resort,	9544
assembly, education, entertainment, lodging, trade, manufacture,	9545
repair, storage, traffic, or occupancy by the public.	9546

(Y) "Urbanized area" means an area where a well or production	9547
facilities of a well are located within a municipal corporation or	9548
within a township that has an unincorporated population of more	9549
than five thousand in the most recent federal decennial census	9550
prior to the issuance of the permit for the well or production	9551
facilities.	9552

(Z) "Well stimulation" or "stimulation of a well" means the	9553
process of enhancing well productivity, including hydraulic	9554
fracturing operations.	9555

(AA) "Production operation" means all operations and	9556
activities and all related equipment, facilities, and other	9557
structures that may be used in or associated with the exploration	9558
and production of oil, gas, or other mineral resources that are	9559
regulated under this chapter, including operations and activities	9560
associated with site preparation, site construction, access road	9561
construction, well drilling, well completion, well stimulation,	9562
well site activities, reclamation, and plugging. "Production	9563
operation" also includes all of the following:	9564

(1) The piping, equipment, and facilities used for the	9565
production and preparation of hydrocarbon gas or liquids for	9566
transportation or delivery;	9567

(2) The processes of extraction and recovery, lifting,	9568
stabilization, treatment, separation, production processing,	9569
storage, waste disposal, and measurement of hydrocarbon gas and	9570
liquids, including related equipment and facilities;	9571

(3) The processes and related equipment and facilities	9572
associated with production compression, gas lift, gas injection,	9573
fuel gas supply, well drilling, well stimulation, and well	9574
completion activities, including dikes, pits, and earthen and	9575
other impoundments used for the temporary storage of fluids and	9576
waste substances associated with well drilling, well stimulation,	9577
and well completion activities;	9578

(4) Equipment and facilities at a wellpad or other location	9579
that are used for the transportation, handling, recycling,	9580
temporary storage, management, processing, or treatment of any	9581
equipment, material, and by-products or other substances from an	9582
operation at a wellpad that may be used or reused at the same or	9583
another operation at a wellpad or that will be disposed of in	9584
accordance with applicable laws and rules adopted under them.	9585

(BB) "Annular overpressurization" means the accumulation of	9586
fluids within an annulus with sufficient pressure to allow	9587
migration of annular fluids into underground sources of drinking	9588
water.	9589

(CC) "Idle and orphaned well" means a well for which a bond	9590
has been forfeited or an abandoned well for which no money is	9591
available to plug the well in accordance with this chapter and	9592
rules adopted under it.	9593

(DD) "Temporarily inactive well" means a well that has been	9594
granted temporary inactive status under section 1509.062 of the	9595
Revised Code.	9596

(EE) "Material and substantial violation" means any of the	9597
following:	9598

(1) Failure to obtain a permit to drill, reopen, convert,	9599
plugback, or plug a well under this chapter;	9600

(2) Failure to obtain, maintain, update, or submit proof of	9601
insurance coverage that is required under this chapter;	9602

(3) Failure to obtain, maintain, update, or submit proof of a	9603
surety bond that is required under this chapter;	9604

(4) Failure to plug an abandoned well or idle and orphaned	9605
well unless the well has been granted temporary inactive status	9606
under section 1509.062 of the Revised Code or the chief of the	9607
division of oil and gas resources management has approved another	9608
option concerning the abandoned well or idle and orphaned well;	9609

(5) Failure to restore a disturbed land surface as required	9610
by section 1509.072 of the Revised Code;	9611

(6) Failure to reimburse the oil and gas well fund pursuant	9612
to a final order issued under section 1509.071 of the Revised	9613
Code;	9614

(7) Failure to comply with a final nonappealable order of the	9615
chief issued under section 1509.04 of the Revised Code;	9616

(8) Failure to submit a report, test result, fee, or document	9617
that is required in this chapter or rules adopted under it;	9618

(9) Failure to correct the violations identified in a	9619
compliance notice within sixty days after the issuance of the	9620
compliance notice unless another period of time is specified in	9621
the compliance notice;	9622

(10) Receiving compliance notices for the same or similar	9623
violations of this chapter or rules adopted under it that present	9624
an imminent danger to the health or safety of a person or result	9625
in or are likely to result in substantial damage to the natural	9626
resources of this state;	9627

(11) Submission of falsified information under this chapter.

9628

(FF) "Severer" has the same meaning as in section 5749.01 of	9629
the Revised Code.	9630

(GG) "Horizontal well" means a well that is drilled for the	9631
production of oil or gas in which the wellbore reaches a	9632
horizontal or near horizontal position in the Point Pleasant,	9633
Utica, or Marcellus formation and the well is stimulated.	9634

(HH) "Well pad" means the area that is cleared or prepared	9635
for the drilling of one or more horizontal wells.	9636

Sec. 1509.02. There is hereby created in the department of	9637
natural resources the division of oil and gas resources	9638
management, which shall be administered by the chief of the	9639
division of oil and gas resources management. The division has	9640
sole and exclusive authority to regulate the permitting, location,	9641
and spacing of oil and gas wells and production operations within	9642
the state, excepting only those activities regulated under federal	9643
laws for which oversight has been delegated to the environmental	9644
protection agency and activities regulated under sections 6111.02	9645
to 6111.028 of the Revised Code. The regulation of oil and gas	9646
activities is a matter of general statewide interest that requires	9647
uniform statewide regulation, and this chapter and rules adopted	9648
under it constitute a comprehensive plan with respect to all	9649
aspects of the locating, drilling, well stimulation, completing,	9650
and operating of oil and gas wells within this state, including	9651
site construction and restoration, permitting related to those	9652
activities, and the disposal of wastes from those wells. In order	9653
to assist the division in the furtherance of its sole and	9654
exclusive authority as established in this section, the chief may	9655
enter into cooperative agreements with other state agencies for	9656
advice and consultation, including visitations at the surface	9657
location of a well on behalf of the division. Such cooperative	9658
agreements do not confer on other state agencies any authority to	9659
administer or enforce this chapter and rules adopted under it. In	9660
addition, such cooperative agreements shall not be construed to	9661
dilute or diminish the division's sole and exclusive authority as	9662
established in this section. Nothing in this section affects the	9663
authority granted to the director of transportation and local	9664
authorities in section 723.01 or 4513.34 of the Revised Code,	9665
provided that the authority granted under those sections shall not	9666
be exercised in a manner that discriminates against, unfairly	9667
impedes, or obstructs oil and gas activities and operations	9668
regulated under this chapter.	9669

The chief shall not hold any other public office, nor shall	9670
the chief be engaged in any occupation or business that might	9671
interfere with or be inconsistent with the duties as chief.	9672

All moneys collected by the chief pursuant to sections	9673
1509.06, ~~1509.061,~~ 1509.062, 1509.071, 1509.091, 1509.13, 1509.22,	9674
1509.222, 1509.28, and 1509.34~~, and 1509.50~~ of the Revised Code,	9675
ninety per cent of moneys received by the treasurer of state from	9676
the tax levied in divisions (A)(5) and (6) of section 5749.02 of	9677
the Revised Code, all civil penalties paid under section 1509.33	9678
of the Revised Code, and, notwithstanding any section of the	9679
Revised Code relating to the distribution or crediting of fines	9680
for violations of the Revised Code, all fines imposed under	9681
divisions (A) and (B) of section 1509.99 of the Revised Code and	9682
fines imposed under divisions (C) and (D) of section 1509.99 of	9683
the Revised Code for all violations prosecuted by the attorney	9684
general and for violations prosecuted by prosecuting attorneys	9685
that do not involve the transportation of brine by vehicle shall	9686
be deposited into the state treasury to the credit of the oil and	9687
gas well fund, which is hereby created. Fines imposed under	9688
divisions (C) and (D) of section 1509.99 of the Revised Code for	9689
violations prosecuted by prosecuting attorneys that involve the	9690
transportation of brine by vehicle and penalties associated with a	9691
compliance agreement entered into pursuant to this chapter shall	9692
be paid to the county treasury of the county where the violation	9693
occurred.	9694

The fund shall be used solely and exclusively for the	9695
purposes enumerated in division (B) of section 1509.071 of the	9696
Revised Code, for the expenses of the division associated with the	9697
administration of this chapter and Chapter 1571. of the Revised	9698
Code and rules adopted under them, and for expenses that are	9699
critical and necessary for the protection of human health and	9700
safety and the environment related to oil and gas production in	9701
this state. The expenses of the division in excess of the moneys	9702
available in the fund shall be paid from general revenue fund	9703
appropriations to the department.	9704

Sec. 1509.04. (A) The chief of the division of oil and gas	9705
resources management, or the chief's authorized representatives,	9706
shall enforce this chapter and the rules, terms and conditions of	9707
permits and registration certificates, and orders adopted or	9708
issued pursuant thereto, except that any peace officer, as defined	9709
in section 2935.01 of the Revised Code, may arrest for violations	9710
of this chapter involving transportation of brine by vehicle. The	9711
enforcement authority of the chief includes the authority to issue	9712
compliance notices and to enter into compliance agreements.	9713

(B)(1) The chief or the chief's authorized representative may	9714
issue an administrative order to an owner or other person for a	9715
violation of this chapter or rules adopted under it, terms and	9716
conditions of a permit issued under it, a registration certificate	9717
that is required under this chapter, or orders issued under this	9718
chapter.	9719

(2)(a) If an owner or other person who is required to submit	9720
a report, test result, fee, or document by this chapter or rules	9721
adopted under it submits a request for an extension of time to	9722
submit the report, test result, fee, or document to the chief	9723
prior to the date on which the report, test result, fee, or	9724
document is due, the chief may grant an extension of not more than	9725
sixty additional days from the original date on which the report,	9726
test result, fee, or document is due.	9727

(b) If an owner or other person who is required to submit a	9728
report, test result, fee, or document by this chapter or rules	9729
adopted under it fails to submit the report, test result, fee, or	9730
document before or on the date on which it is due and the chief	9731
has not granted an extension of time under division (B)(2)(a) of	9732
this section, the chief shall make a reasonable ~~attempts~~attempt	9733
to notify the owner or other person of the failure to submit the	9734
report, test result, fee, or document. If an owner or other person	9735
who receives such a notification fails to submit the report, test	9736
result, fee, or document on or before thirty days after the date	9737
on which the chief so notified the owner or other person, the	9738
chief may issue an order under division (B)~~(2)(c)~~(3) of this	9739
section.	9740

~~(c)~~(3) The chief may issue an order finding that an owner or	9741
other person has committed a material and substantial violation.	9742
In the order, the chief may suspend activities that are authorized	9743
under a permit or registration certificate that is issued under	9744
this chapter or revoke a permit or registration certificate.	9745

(C) The chief, by order, immediately may suspend drilling,	9746
operating, injection, brine transportation, or plugging activities	9747
~~that are related to a material and substantial violation~~ and	9748
suspend ~~and~~or revoke an unused permit after finding either of the	9749
following:	9750

(1) An owner or other person has failed to comply with an	9751
order issued under division (B)~~(2)(c)~~(3) of this section that is	9752
final and nonappealable.	9753

(2) An owner or other person is causing, engaging in, or	9754
maintaining a condition or activity that the chief determines	9755
presents an imminent danger to the health or safety of ~~the public~~	9756
a person or that results in or is likely to result in ~~immediate~~	9757
substantial damage to the natural resources of this state.	9758

(D)(1) The chief may issue an order under division (C) of	9759
this section without prior notification if reasonable attempts to	9760
notify the owner or other person have failed or if the owner or	9761
other person is currently in material breach of a prior order, but	9762
in such an event notification shall be given as soon thereafter as	9763
practical.	9764

(2) Not later than five business days after the issuance of	9765
an order under division (C) of this section, the chief or the	9766
chief's designee shall provide the owner or other person an	9767
opportunity to be heard and to present evidence that one of the	9768
following applies:	9769

(a) The condition or activity does not present an imminent	9770
danger to the ~~public~~ health or safety of a person or is not likely	9771
to result in ~~immediate~~ substantial damage to natural resources.	9772

(b) ~~Required records, reports, or logs have been submitted~~	9773
The condition or activity that is the basis of a material and	9774
substantial violation has been corrected.	9775

(3)(a) If the chief, after considering evidence presented by	9776
the owner or other person under division (D)(2)(a) of this	9777
section, determines that the activities do not present such a	9778
threat or that the ~~required records, reports, or logs have been~~	9779
~~submitted under division (D)(2)(b) of this section~~condition or	9780
activity that is the basis of a material and substantial violation	9781
has been corrected, the chief shall ~~revoke~~rescind the order. ~~The~~	9782

(b) If the chief, after considering evidence presented by the	9783
owner or other person under division (D)(2)(a) of this section,	9784
determines that the activities present such a threat or that the	9785
condition or activity that is the basis of a material and	9786
substantial violation has not been corrected, the chief may issue	9787
an order that does either of the following:	9788

(i) Suspends the drilling, operating, plugging, injection, or	9789
brine transportation activities of the owner or other person for a	9790
specified period of time;	9791

(ii) Revokes the permit or registration certificate, as	9792
applicable, associated with the drilling, operating, plugging,	9793
injection, or brine transportation activities of the owner or	9794
other person that is the basis of the suspension order issued	9795
under division (C) of this section.	9796

(c) The owner ~~may appeal~~or other person to whom an order was	9797
issued under division (D)(3)(b) of this section may appeal the	9798
order to the oil and gas commission under section 1509.36 of the	9799
Revised Code or to the court of common pleas of the county in	9800
which the activity that is the subject of the order is located.	9801

(E) The chief may issue a bond forfeiture order pursuant to	9802
section 1509.071 of the Revised Code for failure to comply with a	9803
final nonappealable order issued or compliance agreement entered	9804
into under this section.	9805

(F) The chief may notify drilling contractors, transporters,	9806
service companies, or other similar entities of the compliance	9807
status of an owner.	9808

If the owner fails to comply with a prior enforcement action	9809
of the chief, the chief may issue a suspension order without prior	9810
notification, but in such an event the chief shall give notice as	9811
soon thereafter as practical. Not later than five ~~calendar~~	9812
business days after the issuance of an order, the chief shall	9813
provide the owner an opportunity to be heard and to present	9814
evidence that required records, reports, or logs have been	9815
submitted. If the chief, after considering the evidence presented	9816
by the owner, determines that the requirements have been	9817
satisfied, the chief shall ~~revoke~~rescind the suspension order.	9818
The owner may appeal a suspension order to the oil and gas	9819
commission under section 1509.36 of the Revised Code or to the	9820
court of common pleas of the county in which the activity that is	9821
the subject of the suspension order is located.	9822

(G) The prosecuting attorney of the county or the attorney	9823
general, upon the request of the chief, may apply to the court of	9824
common pleas in the county in which any of the provisions of this	9825
chapter or any rules, terms or conditions of a permit or	9826
registration certificate, or orders adopted or issued pursuant to	9827
this chapter are being violated for a temporary restraining order,	9828
preliminary injunction, or permanent injunction restraining any	9829
person from ~~such~~the violation.	9830

Sec. 1509.05. (A) No person shall drill a new well, drill an	9831
existing well any deeper, reopen a well, convert a well to any use	9832
other than its original purpose, or plug back a well to a source	9833
of supply different from the existing pool, without having a	9834
permit to do so issued by the chief of the division of oil and gas	9835
resources management, and until the original permit or a	9836
photostatic copy thereof is posted or displayed in a conspicuous	9837
and easily accessible place at the well site, with the name,	9838
current address, and telephone number of the permit holder and the	9839
telephone numbers for fire and emergency medical services	9840
maintained on the posted permit or copy. The permit or a copy	9841
shall be continuously displayed in that manner at all times during	9842
the work authorized by the permit.	9843

(B) The chief may issue an order refusing to issue a permit	9844
required by this section or section 1509.21 or 1509.22 of the	9845
Revised Code to an applicant who at the time of application for a	9846
permit has been issued an order for a material and substantial	9847
violation and has failed to comply with the order. The chief shall	9848
refuse to issue a permit to an applicant who at the time of	9849
application for a permit has been found liable by a nonappealable	9850
order of a court of competent jurisdiction for damage to streets,	9851
roads, highways, bridges, culverts, or drainways under section	9852
4513.34 or 5577.12 of the Revised Code until the applicant	9853
provides the chief with evidence of compliance with the order. No	9854
applicant shall attempt to circumvent this division by applying	9855
for a permit under a different name or business organization name,	9856
by transferring responsibility to another person or entity, by	9857
abandoning a well or lease, or by any other similar act.	9858

Sec. 1509.051. (A) A person who has not been issued a permit	9859
or a registration certificate or who has not received an order	9860
authorizing activities under this chapter, but who intends to	9861
apply or has applied for such a permit, registration certificate,	9862
or order shall register with the division of oil and gas resources	9863
management on a form and in the manner prescribed by the chief of	9864
the division of oil and gas resources management. The registration	9865
shall include all of the following:	9866

(1) The name, address, and telephone number of the	9867
applicant's principal place of business;	9868

(2) The address and telephone number of the applicant's	9869
principal place of business in this state if it is different from	9870
the information provided under division (A)(1) of this section;	9871

(3) A listing of all key employees of the applicant;

9872

(4) A listing of all of the following during the five years	9873
immediately preceding the submission of the registration:	9874

(a) All consent orders entered into by the applicant or a key	9875
employee of the applicant in connection with any violation of the	9876
Federal Water Pollution Control Act by the applicant or a key	9877
employee of the applicant or in connection with any violation of	9878
this state's or any other state's laws implementing the Federal	9879
Water Pollution Control Act pursuant to delegation by the United	9880
States environmental protection agency by the applicant or a key	9881
employee of the applicant;	9882

(b) All administrative or civil enforcement orders issued to	9883
the applicant or a key employee of the applicant in connection	9884
with any violation of the Federal Water Pollution Control Act by	9885
the applicant or a key employee of the applicant or in connection	9886
with any violation of this state's or any other state's laws	9887
implementing the Federal Water Pollution Control Act pursuant to	9888
delegation by the United States environmental protection agency by	9889
the applicant or a key employee of the applicant;	9890

(c) All civil actions in which the applicant or a key	9891
employee of the applicant was determined by the trier of fact to	9892
be liable in damages or was the subject of injunctive relief or	9893
another type of civil relief in connection with any violation of	9894
the Federal Water Pollution Control Act by the applicant or a key	9895
employee of the applicant or in connection with any violation of	9896
this state's or any other state's laws implementing the Federal	9897
Water Pollution Control Act pursuant to delegation by the United	9898
States environmental protection agency by the applicant or a key	9899
employee of the applicant;	9900

(d) All criminal actions in which the applicant or a key	9901
employee of the applicant pleaded guilty to or was convicted of	9902
any violation of the Federal Water Pollution Control Act or any	9903
violation of this state's or any other state's laws implementing	9904
the Federal Water Pollution Control Act pursuant to delegation by	9905
the United States environmental protection agency.	9906

(B) The chief may issue an order denying an application	9907
submitted under this chapter if the chief finds from the	9908
information submitted under division (A) of this section that the	9909
applicant or any key employee of the applicant has a history of	9910
noncompliance with the Federal Water Pollution Control Act or with	9911
this state's or any other state's laws implementing the Federal	9912
Water Pollution Control Act pursuant to delegation by the United	9913
States environmental protection agency that indicates that the	9914
applicant lacks sufficient reliability, expertise, and competence	9915
to operate a proposed new well or brine transportation business or	9916
other facility or operation that is authorized by the permit or	9917
order, as applicable, in substantial compliance with this chapter	9918
and rules adopted under it.	9919

(C) The chief may issue an order denying an application	9920
submitted under this chapter if the chief finds that the	9921
information submitted under division (A) of this section is false	9922
or materially incomplete.	9923

(D) As used in this section:

9924

(1) "Applicant" means a person who intends to apply or has	9925
applied for a permit, registration certificate, or order	9926
authorizing activities under this chapter.	9927

(2) "Federal Water Pollution Control Act" has the same	9928
meaning as in section 6111.01 of the Revised Code.	9929

(3) "Key employee" means an individual who is employed by an	9930
applicant in a supervisory capacity or who is empowered to make	9931
discretionary decisions with respect to the operations of the	9932
applicant or another person who has supervisory capacity or who is	9933
empowered to make discretionary decisions with respect to the	9934
operations of the applicant. If the applicant has entered into a	9935
contract with another person to operate a well that is the subject	9936
of the application, "key employee" includes an employee of the	9937
contractor who acts in a supervisory capacity or is empowered to	9938
make discretionary decisions with respect to the operation of the	9939
well. "Key employee" does not include an employee who is	9940
exclusively engaged in any of the following: the physical or	9941
mechanical construction or operation of a well, physical or	9942
mechanical duties related to the transportation of brine, or in	9943
the physical or mechanical duties related to other activities	9944
authorized under this chapter.	9945

Sec. 1509.06. (A) An application for a permit to drill a new	9946
well, drill an existing well deeper, reopen a well, convert a well	9947
to any use other than its original purpose, or plug back a well to	9948
a different source of supply, including associated production	9949
operations, shall be filed with the chief of the division of oil	9950
and gas resources management upon such form as the chief	9951
prescribes and shall contain each of the following that is	9952
applicable:	9953

(1) The name and address of the owner and, if a corporation,	9954
the name and address of the statutory agent;	9955

(2) The signature of the owner or the owner's authorized	9956
agent. When an authorized agent signs an application, it shall be	9957
accompanied by a certified copy of the appointment as such agent.	9958

(3) The names and addresses of all persons holding the	9959
royalty interest in the tract upon which the well is located or is	9960
to be drilled or within a proposed drilling unit;	9961

(4) The location of the tract or drilling unit on which the	9962
well is located or is to be drilled identified by section or lot	9963
number, city, village, township, and county;	9964

(5) Designation of the well by name and number;

9965

(6)(a) The geological formation to be tested or used and the	9966
proposed total depth of the well;	9967

(b) If the well is for the injection of a liquid, identity of	9968
the geological formation to be used as the injection zone and the	9969
composition of the liquid to be injected.	9970

(7) The type of drilling equipment to be used;

9971

(8)(a) An identification, to the best of the owner's	9972
knowledge, of each proposed source of ground water and surface	9973
water that will be used in the production operations of the well.	9974
The identification of each proposed source of water shall indicate	9975
if the water will be withdrawn from the Lake Erie watershed or the	9976
Ohio river watershed. In addition, the owner shall provide, to the	9977
best of the owner's knowledge, the proposed estimated rate and	9978
volume of the water withdrawal for the production operations. If	9979
recycled water will be used in the production operations, the	9980
owner shall provide the estimated volume of recycled water to be	9981
used. The owner shall submit to the chief an update of any of the	9982
information that is required by division (A)(8)(a) of this section	9983
if any of that information changes before the chief issues a	9984
permit for the application.	9985

(b) Except as provided in division (A)(8)(c) of this section,	9986
for an application for a permit to drill a new well within an	9987
urbanized area, the results of sampling of water wells within	9988
three hundred feet of the proposed well prior to commencement of	9989
drilling. In addition, the owner shall include a list that	9990
identifies the location of each water well where the owner of the	9991
property on which the water well is located denied the owner	9992
access to sample the water well. The sampling shall be conducted	9993
in accordance with the guidelines established in "Best Management	9994
Practices For Pre-drilling Water Sampling" in effect at the time	9995
that the application is submitted. The division shall furnish	9996
those guidelines upon request and shall make them available on the	9997
division's web site. If the chief determines that conditions at	9998
the proposed well site warrant a revision, the chief may revise	9999
the distance established in this division for purposes of	10000
pre-drilling water sampling.	10001

(c) For an application for a permit to drill a new horizontal	10002
well, the results of sampling of water wells within one thousand	10003
five hundred feet of the proposed horizontal wellhead prior to	10004
commencement of drilling. In addition, the owner shall include a	10005
list that identifies the location of each water well where the	10006
owner of the property on which the water well is located denied	10007
the owner access to sample the water well. The sampling shall be	10008
conducted in accordance with the guidelines established in "Best	10009
Management Practices For Pre-drilling Water Sampling" in effect at	10010
the time that the application is submitted. The division shall	10011
furnish those guidelines upon request and shall make them	10012
available on the division's web site. If the chief determines that	10013
conditions at the proposed well site warrant a revision, the chief	10014
may revise the distance established in this division for purposes	10015
of pre-drilling water sampling.	10016

(9) For an application for a permit to drill a new well	10017
within an urbanized area, a sworn statement that the applicant has	10018
provided notice by regular mail of the application to the owner of	10019
each parcel of real property that is located within five hundred	10020
feet of the surface location of the well and to the executive	10021
authority of the municipal corporation or the board of township	10022
trustees of the township, as applicable, in which the well is to	10023
be located. In addition, the notice shall contain a statement that	10024
informs an owner of real property who is required to receive the	10025
notice under division (A)(9) of this section that within five days	10026
of receipt of the notice, the owner is required to provide notice	10027
under section 1509.60 of the Revised Code to each residence in an	10028
occupied dwelling that is located on the owner's parcel of real	10029
property. The notice shall contain a statement that an application	10030
has been filed with the division of oil and gas resources	10031
management, identify the name of the applicant and the proposed	10032
well location, include the name and address of the division, and	10033
contain a statement that comments regarding the application may be	10034
sent to the division. The notice may be provided by hand delivery	10035
or regular mail. The identity of the owners of parcels of real	10036
property shall be determined using the tax records of the	10037
municipal corporation or county in which a parcel of real property	10038
is located as of the date of the notice.	10039

(10) A plan for restoration of the land surface disturbed by	10040
drilling operations. The plan shall provide for compliance with	10041
the restoration requirements of division (A) of section 1509.072	10042
of the Revised Code and any rules adopted by the chief pertaining	10043
to that restoration.	10044

(11)(a) A description by name or number of the county,	10045
township, and municipal corporation roads, streets, and highways	10046
that the applicant anticipates will be used for access to and	10047
egress from the well site;	10048

(b) For an application for a permit for a horizontal well, a	10049
copy of an agreement concerning maintenance and safe use of the	10050
roads, streets, and highways described in division (A)(11)(a) of	10051
this section entered into on reasonable terms with the public	10052
official that has the legal authority to enter into such	10053
maintenance and use agreements for each county, township, and	10054
municipal corporation, as applicable, in which any such road,	10055
street, or highway is located or an affidavit on a form prescribed	10056
by the chief attesting that the owner attempted in good faith to	10057
enter into an agreement under division (A)(11)(b) of this section	10058
with the applicable public official of each such county, township,	10059
or municipal corporation, but that no agreement was executed.	10060

(12) Such other relevant information as the chief prescribes	10061
by rule.	10062

Each application shall be accompanied by a map, on a scale	10063
not smaller than four hundred feet to the inch, prepared by an	10064
Ohio registered surveyor, showing the location of the well and	10065
containing such other data as may be prescribed by the chief. If	10066
the well is or is to be located within the excavations and	10067
workings of a mine, the map also shall include the location of the	10068
mine, the name of the mine, and the name of the person operating	10069
the mine.	10070

(B) The chief shall cause a copy of the weekly circular	10071
prepared by the division to be provided to the county engineer of	10072
each county that contains active or proposed drilling activity.	10073
The weekly circular shall contain, in the manner prescribed by the	10074
chief, the names of all applicants for permits, the location of	10075
each well or proposed well, the information required by division	10076
(A)(11) of this section, and any additional information the chief	10077
prescribes. In addition, the chief promptly shall transfer an	10078
electronic copy or facsimile, or if those methods are not	10079
available to a municipal corporation or township, a copy via	10080
regular mail, of a drilling permit application to the clerk of the	10081
legislative authority of the municipal corporation or to the clerk	10082
of the township in which the well or proposed well is or is to be	10083
located if the legislative authority of the municipal corporation	10084
or the board of township trustees has asked to receive copies of	10085
such applications and the appropriate clerk has provided the chief	10086
an accurate, current electronic mailing address or facsimile	10087
number, as applicable.	10088

(C)(1) Except as provided in division (C)(2) of this section,	10089
the chief shall not issue a permit for at least ten days after the	10090
date of filing of the application for the permit unless, upon	10091
reasonable cause shown, the chief waives that period or a request	10092
for expedited review is filed under this section. However, the	10093
chief shall issue a permit within twenty-one days of the filing of	10094
the application unless the chief denies the application by order.	10095

(2) If the location of a well or proposed well will be or is	10096
within an urbanized area, the chief shall not issue a permit for	10097
at least eighteen days after the date of filing of the application	10098
for the permit unless, upon reasonable cause shown, the chief	10099
waives that period or the chief at the chief's discretion grants a	10100
request for an expedited review. However, the chief shall issue a	10101
permit for a well or proposed well within an urbanized area within	10102
thirty days of the filing of the application unless the chief	10103
denies the application by order.	10104

(D) An applicant may file a request with the chief for	10105
expedited review of a permit application if the well is not or is	10106
not to be located in a gas storage reservoir or reservoir	10107
protective area, as "reservoir protective area" is defined in	10108
section 1571.01 of the Revised Code. If the well is or is to be	10109
located in a coal bearing township, the application shall be	10110
accompanied by the affidavit of the landowner prescribed in	10111
section 1509.08 of the Revised Code.	10112

In addition to a complete application for a permit that meets	10113
the requirements of this section and the permit fee prescribed by	10114
this section, a request for expedited review shall be accompanied	10115
by a separate nonrefundable filing fee of two hundred fifty	10116
dollars. Upon the filing of a request for expedited review, the	10117
chief shall cause the county engineer of the county in which the	10118
well is or is to be located to be notified of the filing of the	10119
permit application and the request for expedited review by	10120
telephone or other means that in the judgment of the chief will	10121
provide timely notice of the application and request. The chief	10122
shall issue a permit within seven days of the filing of the	10123
request unless the chief denies the application by order.	10124
Notwithstanding the provisions of this section governing expedited	10125
review of permit applications, the chief may refuse to accept	10126
requests for expedited review if, in the chief's judgment, the	10127
acceptance of the requests would prevent the issuance, within	10128
twenty-one days of their filing, of permits for which applications	10129
are pending.	10130

(E) A well shall be drilled and operated in accordance with	10131
the plans, sworn statements, and other information submitted in	10132
the approved application.	10133

(F) The chief shall issue an order denying a permit if the	10134
chief finds that there is a substantial risk that the operation	10135
will result in violations of this chapter or rules adopted under	10136
it that will present an imminent danger to public health or safety	10137
or damage to the environment, provided that where the chief finds	10138
that terms or conditions to the permit can reasonably be expected	10139
to prevent such violations, the chief shall issue the permit	10140
subject to those terms or conditions, including, if applicable,	10141
terms and conditions regarding subjects identified in rules	10142
adopted under section 1509.03 of the Revised Code. The issuance of	10143
a permit shall not be considered an order of the chief.	10144

The chief shall post notice of each permit that has been	10145
approved under this section on the division's web site not later	10146
than two business days after the application for a permit has been	10147
approved.	10148

(G) Each application for a permit required by section 1509.05	10149
of the Revised Code, except an application ~~to plug back an~~	10150
~~existing well that is required by that section and an application~~	10151
for a well drilled or reopened for purposes of section 1509.22 of	10152
the Revised Code, also shall be accompanied by a nonrefundable fee	10153
as follows:	10154

(1) Five hundred dollars for a permit to conduct activities	10155
in a township with a population of fewer than ten thousand;	10156

(2) Seven hundred fifty dollars for a permit to conduct	10157
activities in a township with a population of ten thousand or	10158
more, but fewer than fifteen thousand;	10159

(3) One thousand dollars for a permit to conduct activities	10160
in either of the following:	10161

(a) A township with a population of fifteen thousand or more;

10162

(b) A municipal corporation regardless of population.

10163

(4) If the application is for a permit that requires	10164
mandatory pooling, an additional five thousand dollars.	10165

For purposes of calculating fee amounts, populations shall be	10166
determined using the most recent federal decennial census.	10167

Each application for the revision or reissuance of a permit	10168
shall be accompanied by a nonrefundable fee of two hundred fifty	10169
dollars.	10170

(H)(1) Prior to the commencement of well pad construction and	10171
prior to the issuance of a permit to drill a proposed horizontal	10172
well or a proposed well that is to be located in an urbanized	10173
area, the division shall conduct a site review to identify and	10174
evaluate any site-specific terms and conditions that may be	10175
attached to the permit. At the site review, a representative of	10176
the division shall consider fencing, screening, and landscaping	10177
requirements, if any, for similar structures in the community in	10178
which the well is proposed to be located. The terms and conditions	10179
that are attached to the permit shall include the establishment of	10180
fencing, screening, and landscaping requirements for the surface	10181
facilities of the proposed well, including a tank battery of the	10182
well.	10183

(2) Prior to the issuance of a permit to drill a proposed	10184
well, the division shall conduct a review to identify and evaluate	10185
any site-specific terms and conditions that may be attached to the	10186
permit if the proposed well will be located in a one-hundred-year	10187
floodplain or within the five-year time of travel associated with	10188
a public drinking water supply.	10189

(I) A permit shall be issued by the chief in accordance with	10190
this chapter. A permit issued under this section for a well that	10191
is or is to be located in an urbanized area shall be valid for	10192
twelve months, and all other permits issued under this section	10193
shall be valid for twenty-four months.	10194

(J) An applicant or a permittee, as applicable, shall submit	10195
to the chief an update of the information that is required under	10196
division (A)(8)(a) of this section if any of that information	10197
changes prior to commencement of production operations.	10198

(K) A permittee or a permittee's authorized representative	10199
shall notify an inspector from the division at least twenty-four	10200
hours, or another time period agreed to by the chief's authorized	10201
representative, prior to the commencement of well pad construction	10202
and of drilling, reopening, converting, well stimulation, or	10203
plugback operations.	10204

Sec. 1509.071. (A) When the chief of the division of oil and	10205
gas resources management finds that an owner has failed to comply	10206
with a final nonappealable order issued or compliance agreement	10207
entered into under section 1509.04, the restoration requirements	10208
of section 1509.072, plugging requirements of section 1509.12, or	10209
permit provisions of section 1509.13 of the Revised Code, or rules	10210
and orders relating thereto, the chief shall make a finding of	10211
that fact and declare any surety bond filed to ensure compliance	10212
with those sections and rules forfeited in the amount set by rule	10213
of the chief. The chief thereupon shall certify the total	10214
forfeiture to the attorney general, who shall proceed to collect	10215
the amount of the forfeiture. In addition, the chief may require	10216
an owner, operator, producer, or other person who forfeited a	10217
surety bond to post a new surety bond in the amount of fifteen	10218
thousand dollars for a single well, thirty thousand dollars for	10219
two wells, or fifty thousand dollars for three or more wells.	10220

In lieu of total forfeiture, the surety or owner, at the	10221
surety's or owner's option, may cause the well to be properly	10222
plugged and abandoned and the area properly restored or pay to the	10223
treasurer of state the cost of plugging and abandonment.	10224

(B) All moneys collected because of forfeitures of bonds as	10225
provided in this section shall be deposited in the state treasury	10226
to the credit of the oil and gas well fund created in section	10227
1509.02 of the Revised Code.	10228

The chief ~~annually shall~~may spend ~~not less than fourteen per~~	10229
~~cent of the~~ revenue credited to the fund ~~during the previous~~	10230
~~fiscal year~~ for the following purposes:	10231

(1) In accordance with division (D) of this section, to plug	10232
idle and orphaned wells or to restore the land surface properly as	10233
required in section 1509.072 of the Revised Code;	10234

(2) In accordance with division (E) of this section, to	10235
correct conditions that the chief reasonably has determined are	10236
causing imminent health or safety risks at an idle and orphaned	10237
well or a well for which the owner cannot be contacted in order to	10238
initiate a corrective action within a reasonable period of time as	10239
determined by the chief;	10240

(3) In accordance with rules adopted under division (I) of	10241
this section, to develop infrastructure as a solution to problems	10242
directly attributable to historic production operations.	10243

Expenditures from the fund shall be made only for lawful	10244
purposes. In addition, expenditures from the fund shall not be	10245
made to purchase real property or to remove a dwelling in order to	10246
access a well.	10247

(C)(1) Upon determining that the owner of a well has failed	10248
to properly plug and abandon it or to properly restore the land	10249
surface at the well site in compliance with the applicable	10250
requirements of this chapter and applicable rules adopted and	10251
orders issued under it or that a well is an abandoned well for	10252
which no funds are available to plug the well in accordance with	10253
this chapter, the chief shall do all of the following:	10254

(a) Determine from the records in the office of the county	10255
recorder of the county in which the well is located the identity	10256
of the owner of the land on which the well is located, the	10257
identity of the owner of the oil or gas lease under which the well	10258
was drilled or the identity of each person owning an interest in	10259
the lease, and the identities of the persons having legal title	10260
to, or a lien upon, any of the equipment appurtenant to the well;	10261

(b) Mail notice to the owner of the land on which the well is	10262
located informing the landowner that the well is to be plugged. If	10263
the owner of the oil or gas lease under which the well was drilled	10264
is different from the owner of the well or if any persons other	10265
than the owner of the well own interests in the lease, the chief	10266
also shall mail notice that the well is to be plugged to the owner	10267
of the lease or to each person owning an interest in the lease, as	10268
appropriate.	10269

(c) Mail notice to each person having legal title to, or a	10270
lien upon, any equipment appurtenant to the well, informing the	10271
person that the well is to be plugged and offering the person the	10272
opportunity to plug the well and restore the land surface at the	10273
well site at the person's own expense in order to avoid forfeiture	10274
of the equipment to this state.	10275

(2) If none of the persons described in division (C)(1)(c) of	10276
this section plugs the well within sixty days after the mailing of	10277
the notice required by that division, all equipment appurtenant to	10278
the well is hereby declared to be forfeited to this state without	10279
compensation and without the necessity for any action by the state	10280
for use to defray the cost of plugging and abandoning the well and	10281
restoring the land surface at the well site.	10282

(D) Expenditures from the fund for the purpose of division	10283
(B)(1) of this section shall be made in accordance with either of	10284
the following:	10285

(1) The expenditures may be made pursuant to contracts	10286
entered into by the chief with persons who agree to furnish all of	10287
the materials, equipment, work, and labor as specified and	10288
provided in such a contract for activities associated with the	10289
restoration or plugging of a well as determined by the chief. The	10290
activities may include excavation to uncover a well, geophysical	10291
methods to locate a buried well when clear evidence of leakage	10292
from the well exists, cleanout of wellbores to remove material	10293
from a failed plugging of a well, plugging operations,	10294
installation of vault and vent systems, including associated	10295
engineering certifications and permits, restoration of property,	10296
and repair of damage to property that is caused by such	10297
activities. Expenditures shall not be used for salaries,	10298
maintenance, equipment, or other administrative purposes, except	10299
for costs directly attributed to the plugging of an idle and	10300
orphaned well. Agents or employees of persons contracting with the	10301
chief for a restoration or plugging project may enter upon any	10302
land, public or private, on which the well is located for the	10303
purpose of performing the work. Prior to such entry, the chief	10304
shall give to the following persons written notice of the	10305
existence of a contract for a project to restore or plug a well,	10306
the names of the persons with whom the contract is made, and the	10307
date that the project will commence: the owner of the well, the	10308
owner of the land upon which the well is located, the owner or	10309
agents of adjoining land, and, if the well is located in the same	10310
township as or in a township adjacent to the excavations and	10311
workings of a mine and the owner or lessee of that mine has	10312
provided written notice identifying those townships to the chief	10313
at any time during the immediately preceding three years, the	10314
owner or lessee of the mine.	10315

(2)(a) The owner of the land on which a well is located who	10316
has received notice under division (C)(1)(b) of this section may	10317
plug the well and be reimbursed by the division of oil and gas	10318
resources management for the reasonable cost of plugging the well.	10319
In order to plug the well, the landowner shall submit an	10320
application to the chief on a form prescribed by the chief and	10321
approved by the technical advisory council on oil and gas created	10322
in section 1509.38 of the Revised Code. The application, at a	10323
minimum, shall require the landowner to provide the same	10324
information as is required to be included in the application for a	10325
permit to plug and abandon under section 1509.13 of the Revised	10326
Code. The application shall be accompanied by a copy of a proposed	10327
contract to plug the well prepared by a contractor regularly	10328
engaged in the business of plugging oil and gas wells. The	10329
proposed contract shall require the contractor to furnish all of	10330
the materials, equipment, work, and labor necessary to plug the	10331
well properly and shall specify the price for doing the work,	10332
including a credit for the equipment appurtenant to the well that	10333
was forfeited to the state through the operation of division	10334
(C)(2) of this section. Expenditures under division (D)(2)(a) of	10335
this section shall be consistent with the expenditures for	10336
activities described in division (D)(1) of this section. The	10337
application also shall be accompanied by the permit fee required	10338
by section 1509.13 of the Revised Code unless the chief, in the	10339
chief's discretion, waives payment of the permit fee. The	10340
application constitutes an application for a permit to plug and	10341
abandon the well for the purposes of section 1509.13 of the	10342
Revised Code.	10343

(b) Within thirty days after receiving an application and	10344
accompanying proposed contract under division (D)(2)(a) of this	10345
section, the chief shall determine whether the plugging would	10346
comply with the applicable requirements of this chapter and	10347
applicable rules adopted and orders issued under it and whether	10348
the cost of the plugging under the proposed contract is	10349
reasonable. If the chief determines that the proposed plugging	10350
would comply with those requirements and that the proposed cost of	10351
the plugging is reasonable, the chief shall notify the landowner	10352
of that determination and issue to the landowner a permit to plug	10353
and abandon the well under section 1509.13 of the Revised Code.	10354
Upon approval of the application and proposed contract, the chief	10355
shall transfer ownership of the equipment appurtenant to the well	10356
to the landowner. The chief may disapprove an application	10357
submitted under division (D)(2)(a) of this section if the chief	10358
determines that the proposed plugging would not comply with the	10359
applicable requirements of this chapter and applicable rules	10360
adopted and orders issued under it, that the cost of the plugging	10361
under the proposed contract is unreasonable, or that the proposed	10362
contract is not a bona fide, arm's length contract.	10363

(c) After receiving the chief's notice of the approval of the	10364
application and permit to plug and abandon a well under division	10365
(D)(2)(b) of this section, the landowner shall enter into the	10366
proposed contract to plug the well.	10367

(d) Upon determining that the plugging has been completed in	10368
compliance with the applicable requirements of this chapter and	10369
applicable rules adopted and orders issued under it, the chief	10370
shall reimburse the landowner for the cost of the plugging as set	10371
forth in the proposed contract approved by the chief. The	10372
reimbursement shall be paid from the oil and gas well fund. If the	10373
chief determines that the plugging was not completed in accordance	10374
with the applicable requirements, the chief shall not reimburse	10375
the landowner for the cost of the plugging, and the landowner or	10376
the contractor, as applicable, promptly shall transfer back to	10377
this state title to and possession of the equipment appurtenant to	10378
the well that previously was transferred to the landowner under	10379
division (D)(2)(b) of this section. If any such equipment was	10380
removed from the well during the plugging and sold, the landowner	10381
shall pay to the chief the proceeds from the sale of the	10382
equipment, and the chief promptly shall pay the moneys so received	10383
to the treasurer of state for deposit into the oil and gas well	10384
fund.	10385

The chief may establish an annual limit on the number of	10386
wells that may be plugged under division (D)(2) of this section or	10387
an annual limit on the expenditures to be made under that	10388
division.	10389

As used in division (D)(2) of this section, "plug" and	10390
"plugging" include the plugging of the well and the restoration of	10391
the land surface disturbed by the plugging.	10392

(E) Expenditures from the oil and gas well fund for the	10393
purpose of division (B)(2) of this section may be made pursuant to	10394
contracts entered into by the chief with persons who agree to	10395
furnish all of the materials, equipment, work, and labor as	10396
specified and provided in such a contract. The competitive bidding	10397
requirements of Chapter 153. of the Revised Code do not apply if	10398
the chief reasonably determines that an emergency situation exists	10399
requiring immediate action for the correction of the applicable	10400
health or safety risk. A contract or purchase of materials for	10401
purposes of addressing the emergency situation is not subject to	10402
division (B) of section 127.16 of the Revised Code. The chief,	10403
designated representatives of the chief, and agents or employees	10404
of persons contracting with the chief under this division may	10405
enter upon any land, public or private, for the purpose of	10406
performing the work.	10407

(F) Contracts entered into by the chief under this section	10408
are not subject to any of the following:	10409

(1) Chapter 4115. of the Revised Code;

10410

(2) Section 153.54 of the Revised Code, except that the	10411
contractor shall obtain and provide to the chief as a bid guaranty	10412
a surety bond or letter of credit in an amount equal to ten per	10413
cent of the amount of the contract;	10414

(3) Section 4733.17 of the Revised Code.

10415

(G) The owner of land on which a well is located who has	10416
received notice under division (C)(1)(b) of this section, in lieu	10417
of plugging the well in accordance with division (D)(2) of this	10418
section, may cause ownership of the well to be transferred to an	10419
owner who is lawfully doing business in this state and who has met	10420
the financial responsibility requirements established under	10421
section 1509.07 of the Revised Code, subject to the approval of	10422
the chief. The transfer of ownership also shall be subject to the	10423
landowner's filing the appropriate forms required under section	10424
1509.31 of the Revised Code and providing to the chief sufficient	10425
information to demonstrate the landowner's or owner's right to	10426
produce a formation or formations. That information may include a	10427
deed, a lease, or other documentation of ownership or property	10428
rights.	10429

The chief shall approve or disapprove the transfer of	10430
ownership of the well. If the chief approves the transfer, the	10431
owner is responsible for operating the well in accordance with	10432
this chapter and rules adopted under it, including, without	10433
limitation, all of the following:	10434

(1) Filing an application with the chief under section	10435
1509.06 of the Revised Code if the owner intends to drill deeper	10436
or produce a formation that is not listed in the records of the	10437
division for that well;	10438

(2) Taking title to and possession of the equipment	10439
appurtenant to the well that has been identified by the chief as	10440
having been abandoned by the former owner;	10441

(3) Complying with all applicable requirements that are	10442
necessary to drill deeper, plug the well, or plug back the well.	10443

(H) The chief shall issue an order that requires the owner of	10444
a well to pay the actual documented costs of a corrective action	10445
that is described in division (B)(2) of this section concerning	10446
the well. The chief shall transmit the money so recovered to the	10447
treasurer of state who shall deposit the money in the state	10448
treasury to the credit of the oil and gas well fund.	10449

(I) The chief shall adopt rules in accordance with Chapter	10450
119. of the Revised Code regarding the development of	10451
infrastructure as a solution to problems directly attributable to	10452
historic production operations. The rules shall establish criteria	10453
for determining the types of infrastructure for which revenues may	10454
be used under division (B)(3) of this section.	10455

(J) The chief may engage in cooperative projects under this	10456
section with any agency of this state, another state, or the	10457
United States; any other governmental agencies; or any state	10458
university or college as defined in section 3345.27 of the Revised	10459
Code. A contract entered into for purposes of a cooperative	10460
project is not subject to division (B) of section 127.16 of the	10461
Revised Code.	10462

Sec. 1509.08. Upon receipt of an application for a permit	10463
required by section 1509.05 of the Revised Code, or upon receipt	10464
of an application for a permit to plug and abandon under section	10465
1509.13 of the Revised Code, the chief of the division of oil and	10466
gas resources management shall determine whether the well is or is	10467
to be located in a coal bearing township.	10468

~~Whether or not the well is or is to be located in a coal~~	10469
~~bearing township, the chief, by order, may refuse to issue a~~	10470
~~permit required by section 1509.05 of the Revised Code to any~~	10471
~~applicant who at the time of applying for the permit is in~~	10472
~~material or substantial violation of this chapter or rules adopted~~	10473
~~or orders issued under it. The chief shall refuse to issue a~~	10474
~~permit to any applicant who at the time of applying for the permit~~	10475
~~has been found liable by a final nonappealable order of a court of~~	10476
~~competent jurisdiction for damage to streets, roads, highways,~~	10477
~~bridges, culverts, or drainways pursuant to section 4513.34 or~~	10478
~~5577.12 of the Revised Code until the applicant provides the chief~~	10479
~~with evidence of compliance with the order. No applicant shall~~	10480
~~attempt to circumvent this provision by applying for a permit~~	10481
~~under a different name or business organization name, by~~	10482
~~transferring responsibility to another person or entity, by~~	10483
~~abandoning the well or lease, or by any other similar act.~~	10484

If the well is not or is not to be located in a coal bearing	10485
township, or if it is to be located in a coal bearing township,	10486
but the landowner submits an affidavit attesting to ownership of	10487
the property in fee simple, including the coal, and has no	10488
objection to the well, the chief shall issue the permit.	10489

If the application to drill, reopen, or convert concerns a	10490
well that is or is to be located in a coal bearing township, the	10491
chief shall transmit to the chief of the division of mineral	10492
resources management two copies of the application and three	10493
copies of the map required in section 1509.06 of the Revised Code,	10494
except that, when the affidavit with the waiver of objection	10495
described above is submitted, the chief of the division of oil and	10496
gas resources management shall not transmit the copies.	10497

The chief of the division of mineral resources management	10498
immediately shall notify the owner or lessee of any affected mine	10499
that the application has been filed and send to the owner or	10500
lessee two copies of the map accompanying the application setting	10501
forth the location of the well.	10502

If the owner or lessee objects to the location of the well or	10503
objects to any location within fifty feet of the original location	10504
as a possible site for relocation of the well, the owner or lessee	10505
shall notify the chief of the division of mineral resources	10506
management of the objection, giving the reasons for the objection	10507
and, if applicable, indicating on a copy of the map the particular	10508
location or locations within fifty feet of the original location	10509
to which the owner or lessee objects as a site for possible	10510
relocation of the well, within six days after the receipt of the	10511
notice. If the chief receives no objections from the owner or	10512
lessee of the mine within ten days after the receipt of the notice	10513
by the owner or lessee, or if in the opinion of the chief the	10514
objections offered by the owner or lessee are not sufficiently	10515
well founded, the chief immediately shall notify the owner or	10516
lessee of those findings. The owner or lessee may appeal the	10517
decision of the chief to the reclamation commission under section	10518
1513.13 of the Revised Code. The appeal shall be filed within	10519
fifteen days, notwithstanding provisions in ~~divisions~~division	10520
(A)(1) of section 1513.13 of the Revised Code to the contrary,	10521
from the date on which the owner or lessee receives the notice. If	10522
the appeal is not filed within that time, the chief immediately	10523
shall approve the application, retain a copy of the application	10524
and map, and return a copy of the application to the chief of the	10525
division of oil and gas resources management with the approval	10526
noted on it. The chief of the division of oil and gas resources	10527
management then shall issue the permit if the provisions of this	10528
chapter pertaining to the issuance of such a permit have been	10529
complied with.	10530

If the chief of the division of mineral resources management	10531
receives an objection from the owner or lessee of the mine as to	10532
the location of the well within ten days after receipt of the	10533
notice by the owner or lessee, and if in the opinion of the chief	10534
the objection is well founded, the chief shall disapprove the	10535
application and immediately return it to the chief of the division	10536
of oil and gas resources management together with the reasons for	10537
disapproval and a suggestion for a new location for the well,	10538
provided that the suggested new location shall not be a location	10539
within fifty feet of the original location to which the owner or	10540
lessee has objected as a site for possible relocation of the well	10541
if the chief of the division of mineral resources management has	10542
determined that the objection is well founded. The chief of the	10543
division of oil and gas resources management immediately shall	10544
notify the applicant for the permit of the disapproval and any	10545
suggestion made by the chief of the division of mineral resources	10546
management as to a new location for the well. The applicant may	10547
withdraw the application or amend the application to drill the	10548
well at the location suggested by the chief, or the applicant may	10549
appeal the disapproval of the application by the chief to the	10550
reclamation commission.	10551

If the chief of the division of mineral resources management	10552
receives no objection from the owner or lessee of a mine as to the	10553
location of the well, but does receive an objection from the owner	10554
or lessee as to one or more locations within fifty feet of the	10555
original location as possible sites for relocation of the well	10556
within ten days after receipt of the notice by the owner or	10557
lessee, and if in the opinion of the chief the objection is well	10558
founded, the chief nevertheless shall approve the application and	10559
shall return it immediately to the chief of the division of oil	10560
and gas resources management together with the reasons for	10561
disapproving any of the locations to which the owner or lessee	10562
objects as possible sites for the relocation of the well. The	10563
chief of the division of oil and gas resources management then	10564
shall issue a permit if the provisions of this chapter pertaining	10565
to the issuance of such a permit have been complied with,	10566
incorporating as a term or condition of the permit that the	10567
applicant is prohibited from commencing drilling at any location	10568
within fifty feet of the original location that has been	10569
disapproved by the chief of the division of mineral resources	10570
management. The applicant may appeal to the reclamation commission	10571
the terms and conditions of the permit prohibiting the	10572
commencement of drilling at any such location disapproved by the	10573
chief of the division of mineral resources management.	10574

Any such appeal shall be filed within fifteen days,	10575
notwithstanding provisions in division (A)(1) of section 1513.13	10576
of the Revised Code to the contrary, from the date the applicant	10577
receives notice of the disapproval of the application, any other	10578
location within fifty feet of the original location, or terms or	10579
conditions of the permit, or the owner or lessee receives notice	10580
of the chief's decision. No approval or disapproval of an	10581
application shall be delayed by the chief of the division of	10582
mineral resources management for more than fifteen days from the	10583
date of sending the notice of the application to the mine owner or	10584
lessee as required by this section.	10585

All appeals provided for in this section shall be treated as	10586
expedited appeals. The reclamation commission shall hear any such	10587
appeal in accordance with section 1513.13 of the Revised Code and	10588
issue a decision within thirty days of the filing of the notice of	10589
appeal.	10590

The chief of the division of oil and gas resources management	10591
shall not issue a permit to drill a new well or reopen a well that	10592
is or is to be located within three hundred feet of any opening of	10593
any mine used as a means of ingress, egress, or ventilation for	10594
persons employed in the mine, nor within one hundred feet of any	10595
building or inflammable structure connected with the mine and	10596
actually used as a part of the operating equipment of the mine,	10597
unless the chief of the division of mineral resources management	10598
determines that life or property will not be endangered by	10599
drilling and operating the well in that location.	10600

The chief of the division of mineral resources management may	10601
suspend the drilling or reopening of a well in a coal bearing	10602
township after determining that the drilling or reopening	10603
activities present an imminent and substantial threat to public	10604
health or safety or to miners' health or safety and having been	10605
unable to contact the chief of the division of oil and gas	10606
resources management to request an order of suspension under	10607
section 1509.06 of the Revised Code. Before issuing a suspension	10608
order for that purpose, the chief of the division of mineral	10609
resources management shall notify the owner in a manner that in	10610
the chief's judgment would provide reasonable notification that	10611
the chief intends to issue a suspension order. The chief may issue	10612
such an order without prior notification if reasonable attempts to	10613
notify the owner have failed, but in that event notification shall	10614
be given as soon thereafter as practical. Within five calendar	10615
days after the issuance of the order, the chief shall provide the	10616
owner an opportunity to be heard and to present evidence that the	10617
activities do not present an imminent and substantial threat to	10618
public health or safety or to miners' health or safety. If, after	10619
considering the evidence presented by the owner, the chief	10620
determines that the activities do not present such a threat, the	10621
chief shall revoke the suspension order. An owner may appeal a	10622
suspension order issued by the chief of the division of mineral	10623
resources management under this section to the reclamation	10624
commission in accordance with section 1513.13 of the Revised Code	10625
or may appeal the order directly to the court of common pleas of	10626
the county in which the well is located.	10627

~~Sec. 1509.061.~~ Sec. 1509.091. An owner of a well who has been	10628
issued a permit under section 1509.06 of the Revised Code may	10629
submit to the chief of the division of oil and gas resources	10630
management, on a form prescribed by the chief, a request to revise	10631
an existing tract upon which exists a producing or idle well. The	10632
chief shall adopt, and may amend and rescind, rules under section	10633
1509.03 of the Revised Code that are necessary for the	10634
administration of this section. The rules at least shall stipulate	10635
the information to be included on the request form and shall	10636
establish a fee to be paid by the person submitting the request,	10637
which fee shall not exceed two hundred fifty dollars.	10638

The chief shall approve a request submitted under this	10639
section unless it would result in a violation of this chapter or	10640
rules adopted under it, including provisions establishing spacing	10641
or minimum acreage requirements.	10642

Sec. 1509.11. (A)(1) The owner of any well, except a	10643
horizontal well, that is producing or capable of producing oil or	10644
gas shall file with the chief of the division of oil and gas	10645
resources management, on or before the thirty-first day of March,	10646
a statement of production of oil, gas, and brine for the last	10647
preceding calendar year in such form as the chief may prescribe.	10648
An owner that has more than one hundred such wells in this state	10649
shall submit electronically the statement of production in a	10650
format that is approved by the chief. ~~The chief shall include on~~	10651
~~the form, at the minimum, a request for the submittal of the~~	10652
~~information that a person who is regulated under this chapter is~~	10653
~~required to submit under the "Emergency Planning and Community~~	10654
~~Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C.A. 11001, and~~	10655
~~regulations adopted under it, and that the division of oil and gas~~	10656
~~resources management does not obtain through other reporting~~	10657
~~mechanisms.~~	10658

(2) The owner of any horizontal well that is producing or	10659
capable of producing oil or gas shall file with the chief, on the	10660
forty-fifth day following the close of each calendar quarter, a	10661
statement of production of oil, gas, and brine for the preceding	10662
calendar quarter in a form that the chief prescribes. An owner	10663
that has more than one hundred horizontal wells in this state	10664
shall submit electronically the statement of production in a	10665
format that is approved by the chief. ~~The chief shall include on~~	10666
~~the form, at a minimum, a request for the submittal of the~~	10667
~~information that a person who is regulated under this chapter is~~	10668
~~required to submit under the "Emergency Planning and Community~~	10669
~~Right-To-Know Act of 1986," 100 Stat. 1728, 42 U.S.C. 11001, and~~	10670
~~regulations adopted under it, and that the division does not~~	10671
~~obtain through other reporting mechanisms.~~	10672

(B) The chief shall not disclose information received from	10673
the department of taxation under division (C)(12) of section	10674
5703.21 of the Revised Code until the related statement of	10675
production required by division (A) of this section is filed with	10676
the chief.	10677

(C) Not later than the thirty-first day of July of each year,	10678
the chief shall do both of the following:	10679

(1) Calculate for each county and certify to the director of	10680
budget and management and the tax commissioner the number of	10681
horizontal wells drilled and holding a permit issued under section	10682
1509.06 of the Revised Code located in the county on the last day	10683
of the preceding fiscal year divided by the number of all	10684
horizontal wells drilled and holding such permits on that day. The	10685
chief shall not adjust any county's calculation after the	10686
calculations are so certified.	10687

(2) Determine which counties in the state had active oil and	10688
gas development in the Point Pleasant, Utica, or Marcellus	10689
formation in the preceding fiscal year and, as soon as is	10690
practicable, certify that determination to the Ohio shale products	10691
regional commission.	10692

Sec. 1509.222. (A)(1) Except as provided in section 1509.226	10693
of the Revised Code, no person shall transport brine ~~by vehicle~~ in	10694
this state unless the business entity that employs the person	10695
first registers with and obtains a registration certificate and	10696
identification number from the chief of the division of oil and	10697
gas resources management.	10698

(2) No more than one registration certificate shall be	10699
required of any business entity. Registration certificates issued	10700
under this section are not transferable. An applicant shall file	10701
an application with the chief, containing such information in such	10702
form as the chief prescribes. The application shall include at	10703
least all of the following:	10704

(a) A list that identifies each pipeline, vehicle, vessel,	10705
railcar, and container that will be used in the transportation of	10706
brine;	10707

(b) A plan for disposal that provides for compliance with the	10708
requirements of this chapter and rules of the chief pertaining to	10709
the transportation of brine ~~by vehicle~~ and the disposal of brine	10710
so transported and that lists all disposal sites that the	10711
applicant intends to use;	10712

(c) The bond required by section 1509.225 of the Revised	10713
Code;	10714

(d) A certificate issued by an insurance company authorized	10715
to do business in this state certifying that the applicant has in	10716
force a liability insurance policy in an amount not less than	10717
three hundred thousand dollars bodily injury coverage and three	10718
hundred thousand dollars property damage coverage to pay damages	10719
for injury to persons or property caused by the collecting,	10720
handling, transportation, or disposal of brine.	10721

The insurance policy required by division (A)(2)(d) of this	10722
section shall be maintained in effect during the term of the	10723
registration certificate. The policy or policies providing the	10724
coverage shall require the insurance company to give notice to the	10725
chief if the policy or policies lapse for any reason. Upon such	10726
termination of the policy, the chief may suspend the registration	10727
certificate until proper insurance coverage is obtained.	10728

(3) Each application for a registration certificate shall be	10729
accompanied by a nonrefundable fee of five hundred dollars.	10730

(4) If a business entity that has been issued a registration	10731
certificate under this section changes its name due to a business	10732
reorganization or merger, the business entity shall revise the	10733
bond or certificates of deposit required by section 1509.225 of	10734
the Revised Code and obtain a new certificate from an insurance	10735
company in accordance with division (A)(2)~~(e)~~(d) of this section	10736
to reflect the change in the name of the business entity.	10737

(B) The chief shall issue an order denying an application for	10738
a registration certificate if the chief finds that either of the	10739
following applies:	10740

(1) The applicant, at the time of applying for the	10741
registration certificate, has been found liable by a final	10742
nonappealable order of a court of competent jurisdiction for	10743
damage to streets, roads, highways, bridges, culverts, or	10744
drainways pursuant to section 4513.34 or 5577.12 of the Revised	10745
Code until the applicant provides the chief with evidence of	10746
compliance with the order.	10747

(2) The applicant's plan for disposal does not provide for	10748
compliance with the requirements of this chapter and rules of the	10749
chief pertaining to the transportation of brine ~~by vehicle~~ and the	10750
disposal of brine so transported.	10751

(C) No applicant shall attempt to circumvent division (B) of	10752
this section by applying for a registration certificate under a	10753
different name or business organization name, by transferring	10754
responsibility to another person or entity, or by any similar act.	10755

(D) A registered transporter shall not allow any other person	10756
to use the transporter's registration certificate to transport	10757
brine.	10758

(E) A registered transporter shall apply to revise a disposal	10759
plan under procedures that the chief shall prescribe by rule.	10760
However, at a minimum, an application for a revision shall list	10761
all ~~sources and~~ disposal sites of brine currently transported. The	10762
chief shall deny any application for a revision of a plan under	10763
this division if the chief finds that the proposed revised plan	10764
does not provide for compliance with the requirements of this	10765
chapter and rules of the chief pertaining to the transportation of	10766
brine ~~by vehicle~~ and the disposal of brine so transported.	10767
~~Approvals and denials of revisions shall be by order of the chief.~~	10768

~~(E)~~(F) The chief may adopt rules, issue orders, and attach	10769
terms and conditions to registration certificates as may be	10770
necessary to administer, implement, and enforce sections 1509.222	10771
to 1509.226 of the Revised Code for protection of public health or	10772
safety or conservation of natural resources.	10773

Sec. 1509.223. (A)(1) No permit holder or owner of a well	10774
shall enter into an agreement with or permit any person to	10775
transport brine produced from the well who is not registered	10776
pursuant to section 1509.222 of the Revised Code or exempt from	10777
registration under section 1509.226 of the Revised Code.	10778

(2) No permit holder or owner of a well for which a permit	10779
has been issued under division (D) of section 1509.22 of the	10780
Revised Code shall enter into an agreement with or permit any	10781
person who is not registered pursuant to section 1509.222 of the	10782
Revised Code to dispose of brine at the well.	10783

(B) Each registered transporter shall file with the chief of	10784
the division of oil and gas resources management, on or before the	10785
fifteenth day of April, a statement concerning brine transported,	10786
including quantities transported and source and delivery points,	10787
during the last preceding calendar year, and such other	10788
information in such form as the chief may prescribe.	10789

(C) Each registered transporter shall keep on each vehicle,	10790
vessel, railcar, and container used to transport brine a daily log	10791
and have it available upon the request of the chief or, an	10792
authorized representative of the chief, or a peace officer. In	10793
addition, each registered transporter shall keep a daily log for	10794
each pipeline used to transport brine and have it available upon	10795
the request of the chief, an authorized representative of the	10796
chief, or a peace officer. The log shall, at a minimum, include	10797
all of the following information:	10798

(1) The name of the owner or owners of the well or wells	10799
producing the brine to be transported;	10800

(2) The date and time the brine is loaded or transported	10801
through a pipeline, as applicable;	10802

(3) The name of the driver, if applicable;

10803

(4) The amount of brine loaded at each collection point or	10804
the amount of brine transported through a pipeline, as applicable;	10805

(5) The disposal location;

10806

(6) The date and time the brine is disposed of and the amount	10807
of brine disposed of at each location.	10808

The chief, by rule, may establish procedures for the	10809
electronic submission to the chief of the information that is	10810
required to be included in ~~the~~a daily log. No registered	10811
transporter shall falsify or fail to keep or submit ~~the~~a log	10812
required by this division.	10813

(D) Each registered transporter shall legibly identify with	10814
reflective paints all vehicles, vessels, railcars, and containers	10815
employed in transporting or disposing of brine. Letters shall be	10816
no less than four inches in height and shall indicate the	10817
identification number issued by the chief, the word "brine," and	10818
the name and telephone number of the transporter.	10819

Each registered transporter shall legibly identify each	10820
pipeline employed in transporting or disposing of brine on the	10821
surface of the ground in a manner similar to the identification of	10822
underground gas lines. The identification shall include the	10823
identification number issued by the chief, the word "brine," and	10824
the name and telephone number of the transporter.	10825

(E) The chief shall maintain and keep a current list of	10826
persons registered to transport brine under section 1509.222 of	10827
the Revised Code. The list shall be open to public inspection. It	10828
is an affirmative defense to a charge under division (A) of this	10829
section that at the time the permit holder or owner of a well	10830
entered into an agreement with or permitted a person to transport	10831
or dispose of brine, the person was shown on the list as currently	10832
registered to transport brine.	10833

Sec. 1509.23. ~~(A)~~ Rules of the chief of the division of oil	10834
and gas resources management may specify practices to be followed	10835
in the drilling and treatment of wells, production of oil and gas,	10836
and plugging of wells for protection of public health or safety or	10837
to prevent damage to natural resources, including specification of	10838
the following:	10839

~~(1)~~(A) Appropriate devices;

10840

~~(2)~~(B) Minimum distances that wells and other excavations,	10841
structures, and equipment shall be located from water wells,	10842
streets, roads, highways, rivers, lakes, streams, ponds, other	10843
bodies of water, railroad tracks, public or private recreational	10844
areas, zoning districts, and buildings or other structures. Rules	10845
adopted under this division ~~(A)(2) of this section~~ shall not	10846
conflict with section 1509.021 of the Revised Code.	10847

~~(3)~~(C) Other methods of operation;

10848

~~(4)~~(D) Procedures, methods, and equipment and other	10849
requirements for equipment to prevent and contain discharges of	10850
oil and brine from oil production facilities and oil drilling and	10851
workover facilities consistent with and equivalent in scope,	10852
content, and coverage to section 311(j)(1)(c) of the "Federal	10853
Water Pollution Control Act Amendments of 1972," 86 Stat. 886, 33	10854
U.S.C.A. 1251, as amended, and regulations adopted under it. In	10855
addition, the rules may specify procedures, methods, and equipment	10856
and other requirements for equipment to prevent and contain	10857
surface and subsurface discharges of fluids, condensates, and	10858
gases.	10859

~~(5)~~(E) Notifications;

10860

~~(6)~~(F) Requirements governing the location and construction	10861
of fresh water impoundments that are part of a production	10862
operation.	10863

~~(B) The chief, in consultation with the emergency response~~	10864
~~commission created in section 3750.02 of the Revised Code, shall~~	10865
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	10866
~~that specify the information that shall be included in an~~	10867
~~electronic database that the chief shall create and host. The~~	10868
~~information shall be that which the chief considers to be~~	10869
~~appropriate for the purpose of responding to emergency situations~~	10870
~~that pose a threat to public health or safety or the environment.~~	10871
~~At the minimum, the information shall include that which a person~~	10872
~~who is regulated under this chapter is required to submit under~~	10873
~~the "Emergency Planning and Community Right-To-Know Act of 1986,"~~	10874
~~100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under~~	10875
~~it.~~	10876

~~In addition, the rules shall specify whether and to what~~	10877
~~extent the database and the information that it contains will be~~	10878
~~made accessible to the public. The rules shall ensure that the~~	10879
~~database will be made available via the internet or a system of~~	10880
~~computer disks to the emergency response commission and to every~~	10881
~~local emergency planning committee and fire department in this~~	10882
~~state.~~	10883

Sec. 1509.27. If a tract ~~of land~~ is of insufficient size or	10884
shape to meet the requirements for drilling a well thereon as	10885
provided in section 1509.24 or 1509.25 of the Revised Code,	10886
whichever is applicable, and the owner ~~of the tract who also is~~	10887
~~the owner of the mineral interest~~ has been unable to form a	10888
drilling unit under agreement as provided in section 1509.26 of	10889
the Revised Code, on a just and equitable basis, such an owner may	10890
make application to the division of oil and gas resources	10891
management for a mandatory pooling order.	10892

The application shall include information as shall be	10893
reasonably required by the chief of the division of oil and gas	10894
resources management and shall be accompanied by an application	10895
for a permit as required by section 1509.05 of the Revised Code.	10896
The chief shall notify all mineral rights owners of ~~land~~tracts	10897
within the area proposed to be pooled by an order and included	10898
within the drilling unit of the filing of the application and of	10899
their right to a hearing. After the hearing or after the	10900
expiration of thirty days from the date notice of application was	10901
mailed to such owners, the chief, if satisfied that the	10902
application is proper in form and that mandatory pooling is	10903
necessary to protect correlative rights and to provide effective	10904
development, use, and conservation of oil and gas, shall issue a	10905
drilling permit and a mandatory pooling order complying with the	10906
requirements for drilling a well as provided in section 1509.24 or	10907
1509.25 of the Revised Code, whichever is applicable. The	10908
mandatory pooling order shall:	10909

(A) Designate the boundaries of the drilling unit within	10910
which the well shall be drilled;	10911

(B) Designate the proposed production site;

10912

(C) Describe each separately owned tract or part thereof	10913
pooled by the order;	10914

(D) Allocate on a surface acreage basis a pro rata portion of	10915
the production to ~~the owner of~~ each tract pooled by the order. The	10916
pro rata portion shall be in the same proportion that the	10917
percentage of the ~~owner's~~tract's acreage is to the state minimum	10918
acreage requirements established in rules adopted under this	10919
chapter for a drilling unit unless the applicant demonstrates to	10920
the chief using geological evidence that the geologic structure	10921
containing the oil or gas is larger than the minimum acreage	10922
requirement in which case the pro rata portion shall be in the	10923
same proportion that the percentage of the ~~owner's~~tract's acreage	10924
is to the geologic structure.	10925

(E) Specify the basis upon which each mineral rights owner of	10926
a tract pooled by the order shall share all reasonable costs and	10927
expenses of drilling and producing if the mineral rights owner	10928
elects to participate in the drilling and operation of the well;	10929

(F) Designate the person to whom the permit shall be issued.

10930

A person shall not submit more than five applications for	10931
mandatory pooling orders per year under this section unless	10932
otherwise approved by the chief.	10933

No surface operations or disturbances to the surface of the	10934
land shall occur on a tract pooled by an order without the written	10935
consent of ~~or a written agreement with~~ the surface rights owner of	10936
the tract that approves the operations or disturbances.	10937

If ana mineral rights owner of a tract pooled by the order	10938
does not elect to participate in the risk and cost of the drilling	10939
and operation of a well, the mineral rights owner shall be	10940
designated as a nonparticipating owner in the drilling and	10941
operation of the well on a limited or carried basis and is subject	10942
to terms and conditions determined by the chief to be just and	10943
reasonable. In addition, if ana mineral rights owner is	10944
designated as a nonparticipating owner, the mineral rights owner	10945
is not liable for actions or conditions associated with the	10946
drilling or operation of the well. If the applicant bears the	10947
costs of drilling, equipping, and operating a well for the benefit	10948
of a nonparticipating owner, as provided for in the pooling order,	10949
then the applicant shall be entitled to the share of production	10950
from the drilling unit accruing to the interest of that	10951
nonparticipating owner, exclusive of the nonparticipating owner's	10952
proportionate share of the royalty interest until there has been	10953
received the share of costs charged to that nonparticipating owner	10954
plus such additional percentage of the share of costs as the chief	10955
shall determine. The total amount receivable hereunder shall in no	10956
event exceed two hundred per cent of the share of costs charged to	10957
that nonparticipating owner. After receipt of that share of costs	10958
by such an applicant, a nonparticipating owner shall receive a	10959
proportionate share of the working interest in the well in	10960
addition to a proportionate share of the royalty interest, if any.	10961

If there is a dispute as to costs of drilling, equipping, or	10962
operating a well, the chief shall determine those costs.	10963

Sec. 1509.33. (A) Whoever violates sections 1509.01 to	10964
1509.31 of the Revised Code, or any rules adopted or orders or	10965
terms or conditions of a permit or registration certificate issued	10966
pursuant to these sections for which no specific penalty is	10967
provided in this section, shall pay a civil penalty of not more	10968
than ~~four~~ten thousand dollars for each offense.	10969

(B) Whoever violates section 1509.221 of the Revised Code or	10970
any rules adopted or orders or terms or conditions of a permit	10971
issued thereunder shall pay a civil penalty of not more than ~~two~~	10972
ten thousand ~~five hundred~~ dollars for each violation.	10973

(C) Whoever violates division (D) of section 1509.22 or	10974
division (A)(1) of section 1509.222 of the Revised Code shall pay	10975
a civil penalty of not less than two thousand five hundred dollars	10976
nor more than twenty thousand dollars for each violation.	10977

(D) Whoever violates division (A) of section 1509.22 of the	10978
Revised Code shall pay a civil penalty of not less than two	10979
thousand five hundred dollars nor more than ten thousand dollars	10980
for each violation.	10981

(E) Whoever violates division (A) of section 1509.223 of the	10982
Revised Code shall pay a civil penalty of not more than ten	10983
thousand dollars for each violation.	10984

(F) Whoever violates section 1509.072 of the Revised Code or	10985
any rules adopted or orders issued to administer, implement, or	10986
enforce that section shall pay a civil penalty of not more than	10987
five thousand dollars for each violation.	10988

(G) In addition to any other penalties provided in this	10989
chapter, whoever violates section 1509.05, section 1509.21,	10990
division (B) of section 1509.22, or division (A)(1) of section	10991
1509.222 of the Revised Code or a term or condition of a permit or	10992
an order issued by the chief of the division of oil and gas	10993
resources management under this chapter or knowingly violates	10994
division (A) of section 1509.223 of the Revised Code is liable for	10995
any damage or injury caused by the violation and for the cost of	10996
rectifying the violation and conditions caused by the violation.	10997
If two or more persons knowingly violate one or more of those	10998
divisions in connection with the same event, activity, or	10999
transaction, they are jointly and severally liable under this	11000
division.	11001

(H) The attorney general, upon the request of the chief of	11002
the division of oil and gas resources management, shall commence	11003
an action under this section against any person who violates	11004
sections 1509.01 to 1509.31 of the Revised Code, or any rules	11005
adopted or orders or terms or conditions of a permit or	11006
registration certificate issued pursuant to these sections. Any	11007
action under this section is a civil action, governed by the Rules	11008
of Civil Procedure and other rules of practice and procedure	11009
applicable to civil actions. The remedy provided in this division	11010
is cumulative and concurrent with any other remedy provided in	11011
this chapter, and the existence or exercise of one remedy does not	11012
prevent the exercise of any other, except that no person shall be	11013
subject to both a civil penalty under division (A), (B), (C), or	11014
(D) of this section and a ~~criminal penalty under~~fine established	11015
in section 1509.99 of the Revised Code for the same offense.	11016

(I) For purposes of this section, each day of violation	11017
constitutes a separate offense.	11018

Sec. 1509.34. (A)(1) If an owner fails to pay the fees	11019
imposed by this chapter, or if the chief of the division of oil	11020
and gas resources management incurs costs under division (E) of	11021
section 1509.071 of the Revised Code to correct conditions	11022
associated with the owner's well that the chief reasonably has	11023
determined are causing imminent health or safety risks, the	11024
division of oil and gas resources management shall have a priority	11025
lien against that owner's interest in the applicable well in front	11026
of all other creditors for the amount of any such unpaid fees and	11027
costs incurred. The chief shall file a statement in the office of	11028
the county recorder of the county in which the applicable well is	11029
located of the amount of the unpaid fees and costs incurred as	11030
described in this division. The statement shall constitute a lien	11031
on the owner's interest in the well as of the date of the filing.	11032
The lien shall remain in force so long as any portion of the lien	11033
remains unpaid or until the chief issues a certificate of release	11034
of the lien. If the chief issues a certificate of release of the	11035
lien, the chief shall file the certificate of release in the	11036
office of the applicable county recorder.	11037

(2) A lien imposed under division (A)(1) of this section	11038
shall be in addition to any lien imposed by the attorney general	11039
for failure to pay the ~~assessment imposed by section 1509.50 of~~	11040
~~the Revised Code or the~~ tax levied under division (A)(5) or (6) or	11041
(B) of section 5749.02 of the Revised Code, as applicable.	11042

(3) If the attorney general cannot collect from a severer or	11043
an owner for an outstanding balance of ~~amounts due under section~~	11044
~~1509.50 of the Revised Code or of~~ unpaid taxes levied under	11045
division (A)(5) or (6) or (B) of section 5749.02 of the Revised	11046
Code, as applicable, the tax commissioner may request the chief to	11047
impose a priority lien against the owner's interest in the	11048
applicable well. Such a lien has priority in front of all other	11049
creditors.	11050

(B) The chief promptly shall issue a certificate of release	11051
of a lien under either of the following circumstances:	11052

(1) Upon the repayment in full of the amount of unpaid fees	11053
imposed by this chapter or costs incurred by the chief under	11054
division (E) of section 1509.071 of the Revised Code to correct	11055
conditions associated with the owner's well that the chief	11056
reasonably has determined are causing imminent health or safety	11057
risks;	11058

(2) Any other circumstance that the chief determines to be in	11059
the best interests of the state.	11060

(C) The chief may modify the amount of a lien under this	11061
section. If the chief modifies a lien, the chief shall file a	11062
statement in the office of the county recorder of the applicable	11063
county of the new amount of the lien.	11064

(D) An owner regarding which the division has recorded a lien	11065
against the owner's interest in a well in accordance with this	11066
section shall not transfer a well, lease, or mineral rights to	11067
another owner or person until the chief issues a certificate of	11068
release for each lien against the owner's interest in the well.	11069

(E) All money from the collection of liens under this section	11070
shall be deposited in the state treasury to the credit of the oil	11071
and gas well fund created in section 1509.02 of the Revised Code.	11072

Sec. 1509.99. (A) Whoever violates sections 1509.01 to	11073
1509.31 of the Revised Code or any rules adopted or orders or	11074
terms or conditions of a permit issued pursuant to these sections	11075
for which no specific penalty is provided in this section shall be	11076
fined not less than ~~one~~five hundred nor more than ~~one~~five	11077
thousand dollars and imprisoned for not more than six months for a	11078
first offense; for each subsequent offense the person shall be	11079
fined not less than ~~two hundred~~one thousand nor more than ~~two~~ten	11080
thousand dollars and imprisoned for not more than one year.	11081

(B) Whoever violates section 1509.221 of the Revised Code or	11082
any rules adopted or orders or terms or conditions of a permit	11083
issued thereunder shall be fined not more than five thousand	11084
dollars for each day of each violation.	11085

(C) Whoever knowingly violates section 1509.072, division	11086
(A), (B), or (D) of section 1509.22, division (A)(1) or (C) of	11087
section 1509.222, or division (A) or (D) of section 1509.223 of	11088
the Revised Code or any rules adopted or orders issued under	11089
division (C) of section 1509.22 or rules adopted or orders or	11090
terms or conditions of a registration certificate issued under	11091
division ~~(E)~~(F) of section 1509.222 of the Revised Code is guilty	11092
of a felony and shall be fined not less than ten thousand dollars	11093
nor more than fifty thousand dollars or imprisoned for ~~six months~~	11094
three years, or both for a first offense; for each subsequent	11095
offense the person shall be fined not less than twenty thousand	11096
dollars nor more than one hundred thousand dollars or imprisoned	11097
for ~~two~~six years, or both. Whoever negligently violates those	11098
divisions, sections, rules, orders, or terms or conditions of a	11099
registration certificate is guilty of a felony and shall be fined	11100
not ~~more~~less than five thousand dollars nor more than twenty-five	11101
thousand dollars or imprisoned for not more than one year, or	11102
both; for each subsequent offense the person shall be fined not	11103
less than ten thousand dollars nor more than fifty thousand	11104
dollars or imprisoned for two years, or both.	11105

(D) Whoever negligently violates division (C) of section	11106
1509.223 of the Revised Code shall be fined not more than ~~five~~	11107
~~hundred~~one thousand dollars for a first offense and not more than	11108
~~one~~ten thousand dollars for a subsequent offense.	11109

(E) If a person is convicted of or pleads guilty to a	11110
violation of any section of this chapter, in addition to the	11111
financial sanctions authorized by this chapter or section 2929.18	11112
or 2929.28 or any other section of the Revised Code, the court	11113
imposing the sentence on the person may order the person to	11114
reimburse the state agency or a political subdivision for any	11115
response costs that it incurred in responding to the violation,	11116
including the cost of rectifying the violation and conditions	11117
caused by the violation.	11118

(F) The prosecuting attorney of the county in which the	11119
offense was committed or the attorney general may prosecute an	11120
action under this section.	11121

~~(F)~~(G) For purposes of this section, each day of violation	11122
constitutes a separate offense.	11123

Sec. 1511.01. ~~For the purposes of~~As used in this chapter:

11124

(A) "Conservation" means the wise use and management of	11125
natural resources.	11126

(B) "Critical natural resource area" means an area identified	11127
by the director of natural resources in which occurs a natural	11128
resource that requires special management because of its	11129
importance to the well-being of the surrounding communities, the	11130
region, or the state.	11131

(C) "~~Pollution~~Erosion and sediment abatement practice" means	11132
any erosion control ~~or animal waste pollution abatement facility,~~	11133
and sediment reduction structure, practice, or procedure and the	11134
design, operation, and management associated with it as contained	11135
in operation and management plans developed or approved by the	11136
chief of the division of soil and water resources or by boards of	11137
supervisors of soil and water conservation districts ~~established~~	11138
~~under Chapter 1515. of the Revised Code~~.	11139

(D) "~~Agricultural~~Sediment pollution" means failure to use	11140
management or conservation practices in farming or silvicultural	11141
operations to abate wind or water erosion of the soil ~~or to abate~~	11142
that may result in the degradation of the waters of the state by	11143
~~animal waste or~~ soil sediment, including attached substances	11144
~~attached thereto~~.	11145

(E) "Waters of the state" means all streams, lakes, ponds,	11146
wetlands, watercourses, waterways, wells, springs, irrigation	11147
systems, drainage systems, and all other bodies or accumulations	11148
of water, surface and underground, natural or artificial,	11149
regardless of the depth of the strata in which underground water	11150
is located, that are situated wholly or partly within, or border	11151
upon, this state or are within its jurisdiction, except those	11152
private waters that do not combine or effect a junction with	11153
natural surface or underground waters.	11154

(F) "Operation and management plan" means a written record,	11155
developed or approved by the ~~district~~ board of supervisors of a	11156
soil and water conservation district or the chief, for the owner	11157
or operator of agricultural land ~~or a concentrated animal feeding~~	11158
~~operation~~ that contains implementation schedules and operational	11159
procedures for a level of management and ~~pollution~~erosion and	11160
sediment abatement practices that will abate the degradation of	11161
the waters of the state by ~~animal waste and by~~ soil sediment,	11162
including attached pollutants.	11163

(G) ~~"Animal waste" means animal excreta, discarded products,~~	11164
~~bedding, wash waters, waste feed, and silage drainage. "Animal~~	11165
~~waste" also includes the compost products resulting from the~~	11166
~~composting of dead animals in operations subject to section~~	11167
~~1511.022 of the Revised Code when either of the following applies:~~	11168

~~(1) The composting is conducted by the person who raises the~~	11169
~~animals and the compost product is used in agricultural operations~~	11170
~~owned or operated by that person, regardless of whether the person~~	11171
~~owns the animals;~~	11172

~~(2) The composting is conducted by the person who owns the~~	11173
~~animals, but does not raise them and the compost product is used~~	11174
~~in agricultural operations either by a person who raises the~~	11175
~~animals or by a person who raises grain that is used to feed them~~	11176
~~and that is supplied by the owner of the animals.~~	11177

~~(H) "Composting" means the controlled decomposition of~~	11178
~~organic solid material consisting of dead animals that stabilizes~~	11179
~~the organic fraction of the material~~"Soil erosion management	11180
plan" means a written record, developed or approved by the board	11181
of supervisors of a soil and water conservation district or the	11182
chief, that may contain implementation schedules and operational	11183
procedures for a level of land and water management that will	11184
abate wind or water erosion of the soil or abate the degradation	11185
of the waters of the state by sediment from agricultural	11186
operations.	11187

(H) "Soil and water conservation district" has the same	11188
meaning as in section 1515.01 of the Revised Code.	11189

(I) "Timber harvest plan" means a written record, developed	11190
or approved by the board of supervisors of a soil and water	11191
conservation district or the chief, that may contain	11192
implementation schedules and operational procedures for a level of	11193
land and water management that will abate wind or water erosion of	11194
the soil or abate the degradation of the waters of the state by	11195
sediment from timber operations.	11196

Sec. 1511.02. The chief of the division of soil and water	11197
resources, subject to the approval of the director of natural	11198
resources, shall do all of the following:	11199

(A) Provide administrative leadership to ~~local~~ soil and water	11200
conservation districts in planning, budgeting, staffing, and	11201
administering district programs and the training of district	11202
supervisors and personnel in their duties, responsibilities, and	11203
authorities as prescribed in this chapter and Chapter 1515. of the	11204
Revised Code;	11205

(B) Administer this chapter and Chapter 1515. of the Revised	11206
Code pertaining to state responsibilities and provide staff	11207
assistance to the Ohio soil and water conservation commission in	11208
exercising its statutory responsibilities;	11209

(C) Assist in expediting state responsibilities for watershed	11210
development and other natural resource conservation works of	11211
improvement;	11212

(D) Coordinate the development and implementation of	11213
cooperative programs and working agreements between ~~local~~ soil and	11214
water conservation districts and divisions or sections of the	11215
department of natural resources, or other agencies of local,	11216
state, and federal government;	11217

(E) Subject to the approval of the Ohio soil and water	11218
conservation commission, adopt, amend, or rescind rules pursuant	11219
to Chapter 119. of the Revised Code. Rules adopted pursuant to	11220
this section:	11221

(1) Shall establish technically feasible and economically	11222
reasonable standards to achieve a level of management and	11223
conservation practices in farming or silvicultural operations that	11224
will abate wind or water erosion of the soil or abate the	11225
degradation of the waters of the state by ~~animal waste or by~~ soil	11226
sediment, including attached substances ~~attached thereto~~, and	11227
establish criteria for determination of the acceptability of such	11228
management and conservation practices;	11229

(2) Shall establish technically feasible and economically	11230
reasonable standards to achieve a level of management and	11231
conservation practices that will abate wind or water erosion of	11232
the soil or abate the degradation of the waters of the state by	11233
soil sediment in conjunction with land grading, excavating,	11234
filling, or other soil-disturbing activities on land used or being	11235
developed for nonfarm commercial, industrial, residential, or	11236
other nonfarm purposes, and establish criteria for determination	11237
of the acceptability of such management and conservation	11238
practices. The standards shall be designed to implement applicable	11239
areawide waste treatment management plans prepared under section	11240
208 of the "Federal Water Pollution Control Act," 86 Stat. 816	11241
(1972), 33 U.S.C.A. 1288, as amended. The standards and criteria	11242
shall not apply in any municipal corporation or county that adopts	11243
ordinances or rules pertaining to sediment control, nor to lands	11244
being used in a strip mine operation as defined in section 1513.01	11245
of the Revised Code, nor to lands being used in a surface mining	11246
operation as defined in section 1514.01 of the Revised Code.	11247

(3) May recommend criteria and procedures for the approval of	11248
urban sediment pollution abatement plans and issuance of permits	11249
prior to any grading, excavating, filling, or other whole or	11250
partial disturbance of five or more contiguous acres of land owned	11251
by one person or operated as one development unit and require	11252
implementation of such a plan. Areas of less than five contiguous	11253
acres are not exempt from compliance with other provisions of this	11254
chapter and rules adopted under them.	11255

(4) Shall establish procedures for administration of rules	11256
for ~~agricultural~~sediment pollution abatement and urban sediment	11257
pollution abatement ~~and for enforcement of rules for agricultural~~	11258
~~pollution abatement~~;	11259

(5) Shall specify the ~~pollution~~erosion and sediment	11260
abatement practices eligible for state cost sharing and determine	11261
the conditions for eligibility, the construction standards and	11262
specifications, the useful life, the maintenance requirements, and	11263
the limits of cost sharing for those practices. Eligible practices	11264
shall be limited to practices that address agricultural or	11265
silvicultural operations and that require expenditures that are	11266
likely to exceed the economic returns to the owner or operator and	11267
that abate soil erosion or degradation of the waters of the state	11268
by ~~animal waste or~~ soil sediment, including attached pollutants	11269
~~attached thereto~~.	11270

(6) Shall establish procedures for administering grants to	11271
owners or operators of agricultural land ~~or concentrated animal~~	11272
~~feeding operations~~ for the implementation of operation and	11273
management plans;	11274

(7) Shall establish procedures for administering grants to	11275
soil and water conservation districts for urban sediment pollution	11276
abatement programs, specify the types of projects eligible for	11277
grants, establish limits on the availability of grants, and	11278
establish requirements governing the execution of projects to	11279
encourage the reduction of erosion and sedimentation associated	11280
with soil-disturbing activities;	11281

(8) ~~Shall do all of the following with regard to composting~~	11282
~~conducted in conjunction with agricultural operations:~~	11283

~~(a) Provide for the distribution of educational material~~	11284
~~concerning composting to the offices of OSU extension for the~~	11285
~~purposes of section 1511.022 of the Revised Code;~~	11286

~~(b) Establish methods, techniques, or practices for~~	11287
~~composting dead animals, or particular types of dead animals, that~~	11288
~~are to be used at such operations, as the chief considers to be~~	11289
~~necessary or appropriate;~~	11290

~~(c) Establish requirements and procedures governing the~~	11291
~~review and approval or disapproval of composting plans by the~~	11292
~~supervisors of soil and water conservation districts under~~	11293
~~division (Q) of section 1515.08 of the Revised Code.~~	11294

~~(9)~~ Shall be adopted, amended, or rescinded after the chief	11295
does all of the following:	11296

(a) Mails notice to each statewide organization that the	11297
chief determines represents persons or local governmental agencies	11298
who would be affected by the proposed rule, amendment thereto, or	11299
rescission thereof at least thirty-five days before any public	11300
hearing thereon;	11301

(b) Mails a copy of each proposed rule, amendment thereto, or	11302
rescission thereof to any person who requests a copy, within five	11303
days after receipt of the request;	11304

(c) Consults with appropriate state and local governmental	11305
agencies or their representatives, including statewide	11306
organizations of local governmental officials, industrial	11307
representatives, and other interested persons;	11308

~~(d) If the rule relates to agricultural pollution abatement,~~	11309
~~develops an economic impact statement concerning the effect of the~~	11310
~~proposed rule or amendment~~.	11311

~~(10)~~(9) Shall not conflict with air or water quality	11312
standards adopted pursuant to section 3704.03 or 6111.041 of the	11313
Revised Code. Compliance with rules adopted pursuant to this	11314
section does not affect liability for noncompliance with air or	11315
water quality standards adopted pursuant to section 3704.03 or	11316
6111.041 of the Revised Code. The application of a level of	11317
management and conservation practices recommended under this	11318
section to control windblown soil from farming operations creates	11319
a presumption of compliance with section 3704.03 of the Revised	11320
Code as that section applies to windblown soil.	11321

~~(11)~~(10) Insofar as the rules relate to urban sediment	11322
pollution, shall not be applicable in a municipal corporation or	11323
county that adopts ordinances or rules for urban sediment control,	11324
except that a municipal corporation or county that adopts such	11325
ordinances or rules may receive moneys for urban sediment control	11326
that are disbursed by the board of supervisors of the applicable	11327
soil and water conservation district under division ~~(N)~~(O) of	11328
section 1515.08 of the Revised Code. The rules shall not exempt	11329
any person from compliance with municipal ordinances enacted	11330
pursuant to Section 3 of Article XVIII, Ohio Constitution.	11331

(F) Cost share with landowners on practices established	11332
pursuant to division (E)(5) of this section as moneys are	11333
appropriated and available for that purpose. Any practice for	11334
which cost share is provided shall be maintained for its useful	11335
life. Failure to maintain a cost share practice for its useful	11336
life shall subject the landowner to full repayment to the	11337
division.	11338

(G) Issue orders requiring compliance with any rule adopted	11339
under division (E)(1) of this section ~~or with section 1511.022 of~~	11340
~~the Revised Code~~. Before the chief issues an order, the chief	11341
shall afford each person allegedly liable an adjudication hearing	11342
under Chapter 119. of the Revised Code. The chief may require in	11343
an order that a person who has caused ~~agricultural~~sediment	11344
pollution by failure to comply with the standards established	11345
under division (E)(1) of this section operate under an operation	11346
and management plan approved by the chief under this section. ~~The~~	11347
~~chief shall require in an order that a person who has failed to~~	11348
~~comply with division (A) of section 1511.022 of the Revised Code~~	11349
~~prepare a composting plan in accordance with rules adopted under~~	11350
~~division (E)(10)(c) of this section and operate in accordance with~~	11351
~~that plan or that a person who has failed to operate in accordance~~	11352
~~with such a plan begin to operate in accordance with it.~~ Each	11353
order shall be issued in writing and contain a finding by the	11354
chief of the facts upon which the order is based and the standard	11355
that is not being met.	11356

(H) Employ field assistants and such other employees as are	11357
necessary for the performance of the work prescribed by Chapter	11358
1515. of the Revised Code, for performance of work of the	11359
division, and as agreed to under working agreements or contractual	11360
arrangements with ~~local~~ soil and water conservation districts,	11361
prescribe their duties, and fix their compensation in accordance	11362
with such schedules as are provided by law for the compensation of	11363
state employees.	11364

All employees of the division, unless specifically exempted	11365
by law, shall be employed subject to the classified civil service	11366
laws in force at the time of employment.	11367

(I) In connection with new or relocated projects involving	11368
highways, underground cables, pipelines, railroads, and other	11369
improvements affecting soil and water resources, including surface	11370
and subsurface drainage:	11371

(1) Provide engineering service as is mutually agreeable to	11372
the Ohio soil and water conservation commission and the director	11373
to aid in the design and installation of soil and water	11374
conservation practices as a necessary component of such projects;	11375

(2) Maintain close liaison between the owners of lands on	11376
which the projects are executed, ~~local~~ soil and water conservation	11377
districts, and authorities responsible for such projects;	11378

(3) Review plans for such projects to ensure their compliance	11379
with standards developed under division (E) of this section in	11380
cooperation with the department of transportation or with any	11381
other interested agency that is engaged in soil or water	11382
conservation projects in the state in order to minimize adverse	11383
impacts on soil and water resources adjacent to or otherwise	11384
affected by these projects;	11385

(4) Recommend measures to retard erosion and protect soil and	11386
water resources through the installation of water impoundment or	11387
other soil and water conservation practices;	11388

(5) Cooperate with other agencies and subdivisions of the	11389
state to protect the agricultural status of rural lands adjacent	11390
to such projects and control adverse impacts on soil and water	11391
resources.	11392

(J) Collect, analyze, inventory, and interpret all available	11393
information pertaining to the origin, distribution, extent, use,	11394
and conservation of the soil resources of the state;	11395

(K) Prepare and maintain up-to-date reports, maps, and other	11396
materials pertaining to the soil resources of the state and their	11397
use and make that information available to governmental agencies,	11398
public officials, conservation entities, and the public;	11399

(L) Provide soil and water conservation districts with	11400
technical assistance, including on-site soil investigations and	11401
soil interpretation reports on the suitability or limitations of	11402
soil to support a particular use or to plan soil conservation	11403
measures. The assistance shall be upon such terms as are mutually	11404
agreeable to the districts and the department of natural	11405
resources.	11406

(M) Assist local government officials in utilizing land use	11407
planning and zoning, current agricultural use value assessment,	11408
development reviews, and land management activities;	11409

(N) When necessary for the purposes of this chapter or	11410
Chapter 1515. of the Revised Code, develop or approve operation	11411
and management plans.	11412

~~This section does not restrict the excrement of domestic or~~	11413
~~farm animals defecated on land outside a concentrated animal~~	11414
~~feeding operation or runoff therefrom into the waters of the~~	11415
~~state.~~	11416

Sec. 1511.021. (A)(1) Any person who owns or operates	11417
agricultural land ~~or a concentrated animal feeding operation~~ may	11418
develop and operate under an operation and management plan	11419
approved by the chief of the division of soil and water resources	11420
under section 1511.02 of the Revised Code or by the supervisors of	11421
the ~~local~~applicable soil and water conservation district under	11422
section 1515.08 of the Revised Code.	11423

(2) An operation and management plan developed under division	11424
(A)(1) of this section, developed by the chief under section	11425
1511.02 of the Revised Code or by the supervisors of a soil and	11426
water conservation district under section 1515.08 of the Revised	11427
Code, or required by an order issued by the chief under division	11428
(G) of section 1511.02 of the Revised Code may include a soil	11429
erosion management plan, a timber harvest plan, or both.	11430

(B) Any person who wishes to make a complaint regarding	11431
nuisances involving ~~agricultural~~sediment pollution may do so	11432
orally or by submitting a written, signed, and dated complaint to	11433
the chief or to the chief's designee. After receiving an oral	11434
complaint, the chief or the chief's designee may cause an	11435
investigation to be conducted to determine whether ~~agricultural~~	11436
sediment pollution has occurred or is imminent. After receiving a	11437
written, signed, and dated complaint, the chief or the chief's	11438
designee shall cause such an investigation to be conducted.	11439

(C) In a private civil action for nuisances involving	11440
~~agricultural~~sediment pollution, it is an affirmative defense if	11441
the person owning, operating, or otherwise responsible for	11442
agricultural land ~~or a concentrated animal feeding operation~~ is	11443
operating under and in substantial compliance with an approved	11444
operation and management plan developed under division (A) of this	11445
section, with an operation and management plan developed by the	11446
chief under section 1511.02 of the Revised Code or by the	11447
supervisors of the ~~local~~applicable soil and water conservation	11448
district under section 1515.08 of the Revised Code, or with an	11449
operation and management plan required by an order issued by the	11450
chief under division (G) of section 1511.02 of the Revised Code.	11451
Nothing in this section is in derogation of the authority granted	11452
to the chief in division (E) of section 1511.02 and in section	11453
1511.07 of the Revised Code.	11454

Sec. 1511.023. (A) Except as provided in division (B) of	11455
this section, the director of natural resources, an employee of	11456
the department of natural resources, the supervisors of a soil and	11457
water conservation district, an employee of a district, and a	11458
contractor of the department or a district shall not disclose	11459
either of the following:	11460

(1) Information, including data from geographic information	11461
systems and global positioning systems, provided by a person who	11462
owns or operates agricultural land and operates under an operation	11463
and management plan;	11464

(2) Information gathered as a result of an inspection of	11465
agricultural land to determine whether the person who owns or	11466
operates the land is in compliance with an operation and	11467
management plan.	11468

(B) The director or the supervisors of a district may release	11469
or disclose information specified in division (A)(1) or (2) of	11470
this section to a person or a federal, state, or local agency	11471
working in cooperation with the chief of the division of soil and	11472
water resources or the supervisors in the development of an	11473
operation and management plan or an inspection to determine	11474
compliance with such a plan if the director or supervisors	11475
determine that the person or federal, state, or local agency will	11476
not subsequently disclose the information to another person.	11477

Sec. 1511.05. The chief of the division of soil and water	11478
resources, subject to approval of the terms of the agreement by	11479
the Ohio soil and water conservation commission, shall enter into	11480
cooperative agreements with the board of supervisors of any soil	11481
and water conservation district desiring to enter into such	11482
agreements pursuant to section 1515.08 of the Revised Code. Such	11483
agreements shall be entered into to obtain compliance with rules	11484
and orders of the chief pertaining to ~~agricultural~~sediment	11485
pollution abatement and urban sediment pollution abatement.	11486

The chief or any person designated by the chief may upon	11487
obtaining agreement with the owner, tenant, or manager of any	11488
land, public or private, enter thereon to make inspections to	11489
determine whether or not there is compliance with the rules	11490
adopted under division (E)(1) of section 1511.02 of the Revised	11491
Code. Upon reason to believe there is a violation, the chief or	11492
the chief's designee may apply for and a judge of the court of	11493
common pleas for the county where the land is located may issue an	11494
appropriate inspection warrant as necessary to achieve the	11495
purposes of this chapter.	11496

Sec. 1511.07. (A)(1) No person shall fail to comply with an	11497
order of the chief of the division of soil and water resources	11498
issued pursuant to division (G) of section 1511.02 of the Revised	11499
Code.	11500

(2) In addition to the remedies provided and irrespective of	11501
whether an adequate remedy at law exists, the chief may apply to	11502
the court of common pleas in the county where a violation of a	11503
standard established under division (E)(1) ~~or (8)(b)~~ of section	11504
1511.02 of the Revised Code causes pollution of the waters of the	11505
state for an order to compel the violator to cease the violation	11506
and to ~~remove the agricultural pollutant or to comply with the~~	11507
~~rules adopted under division (E)(8)(b) of that section, as~~	11508
~~appropriate~~comply with the standards established under that	11509
division.	11510

(3) In addition to the remedies provided and irrespective of	11511
whether an adequate remedy at law exists, whenever the chief	11512
officially determines that an emergency exists because of an	11513
~~unauthorized release, spill, or discharge of animal waste, or a~~	11514
~~violation of a rule adopted under division (E)(8)(b) of section~~	11515
~~1511.02 of the Revised Code,~~sediment pollution that causes	11516
pollution of the waters of the state, the chief may, without	11517
notice or hearing, issue an order reciting the existence of the	11518
emergency and requiring that necessary action be taken to meet the	11519
emergency. The order shall be effective immediately. Any person to	11520
whom the order is directed shall comply with the order	11521
immediately, but on application to the chief shall be afforded a	11522
hearing as soon as possible, but not later than twenty days after	11523
making the application. On the basis of the hearing, the chief	11524
shall continue the order in effect, revoke it, or modify it. No	11525
emergency order shall remain in effect for more than sixty days	11526
after its issuance. If a person to whom an order is issued does	11527
not comply with the order within a reasonable period, as	11528
determined by the chief, the chief or the chief's designee may	11529
enter upon private or public lands and take action to mitigate,	11530
minimize, remove, or abate the ~~release, spill, discharge, or~~	11531
~~conditions caused by the violation of the rule~~sediment pollution.	11532

(B) The attorney general, upon the written request of the	11533
chief, shall bring appropriate legal action in Franklin county	11534
against any person who fails to comply with an order of the chief	11535
issued pursuant to division (G) of section 1511.02 of the Revised	11536
Code.	11537

Sec. 1511.09. The soil and water resources administration	11538
fund is hereby created in the state treasury. The fund shall	11539
consist of money credited to it from all fines, penalties, costs,	11540
and damages, except court costs, that are collected either by the	11541
chief of the division of soil and water resources or the attorney	11542
general in consequence of any violation of this chapter or rules	11543
adopted or orders issued under it. The chief shall use money in	11544
the fund to administer and enforce this chapter and rules adopted	11545
under it.	11546

Sec. 1511.99. Whoever violates division (A) of section	11547
1511.07 of the Revised Code is guilty of a misdemeanor of the	11548
first degree. Each day of violation is a separate offense. In	11549
addition to the penalty provided in this division, the sentencing	11550
court may assess damages in an amount equal to the costs of	11551
reclaiming, restoring, or otherwise repairing any damage to public	11552
or private property caused by any violation of division (A) of	11553
section 1511.07 of the Revised Code. All fines and moneys assessed	11554
as damages under this section shall be paid into the ~~agricultural~~	11555
~~pollution abatement~~soil and water resources administration fund	11556
created in section ~~1511.071~~1511.09 of the Revised Code.	11557

Sec. 1515.01. As used in this chapter:

11558

(A) "Soil and water conservation district" means a district	11559
organized in accordance with this chapter.	11560

(B) "Supervisor" means one of the members of the governing	11561
body of a district.	11562

(C) "Landowner," "owner," or "owner of land" means an owner	11563
of record as shown by the records in the office of the county	11564
recorder. With respect to an improvement or a proposed	11565
improvement, "landowner," "owner," or "owner of land" also	11566
includes any public corporation and the director of any	11567
department, office, or institution of the state that is affected	11568
by the improvement or that would be affected by the proposed	11569
improvement, but that does not own any right, title, estate, or	11570
interest in or to any real property.	11571

(D) "Land occupier" or "occupier of land" means any person,	11572
firm, or corporation that controls the use of land whether as	11573
landowner, lessee, renter, or tenant.	11574

(E) "Due notice" means notice published at least twice,	11575
stating time and place, with an interval of at least thirteen days	11576
between the two publication dates, in a newspaper of general	11577
circulation within a soil and water conservation district.	11578

(F) ~~"Agricultural pollution" means failure to use management~~	11579
~~or conservation practices in farming or silvicultural operations~~	11580
~~to abate wind or water erosion of the soil or to abate the~~	11581
~~degradation of the waters of the state by animal waste or soil~~	11582
~~sediment including substances attached thereto.~~	11583

~~(G)~~ "Urban sediment pollution" means failure to use	11584
management or conservation practices to abate wind or water	11585
erosion of the soil or to abate the degradation of the waters of	11586
the state by soil sediment in conjunction with land grading,	11587
excavating, filling, or other soil disturbing activities on land	11588
used or being developed for nonfarm commercial, industrial,	11589
residential, or other nonfarm purposes, except lands being used in	11590
a strip mine operation as defined in section 1513.01 of the	11591
Revised Code and except lands being used in a surface mining	11592
operation as defined in section 1514.01 of the Revised Code.	11593

~~(H)~~(G) "Uniform assessment" means an assessment that is both	11594
of the following:	11595

(1) Based upon a complete appraisal of each parcel of land,	11596
together with all improvements thereon, within a project area and	11597
of the benefits or damages brought about as a result of the	11598
project that is determined by criteria applied equally to all	11599
parcels within the project area;	11600

(2) Levied upon the parcels at a uniform rate on the basis of	11601
the appraisal.	11602

~~(I)~~(H) "Varied assessment" means any assessment that does not	11603
meet the criteria established in division ~~(H)~~(G) of this section.	11604

~~(J)~~(I) "Project area" means an area determined and certified	11605
by the supervisors of a soil and water conservation district under	11606
section 1515.19 of the Revised Code.	11607

~~(K)~~(J) "Benefit" or "benefits" means advantages to land and	11608
owners, to public corporations, and to the state resulting from	11609
drainage, conservation, control, and management of water and from	11610
environmental, wildlife, and recreational improvements. "Benefit"	11611
or "benefits" includes, but is not limited to, any of the	11612
following factors:	11613

(1) Elimination or reduction of damage from flooding;

11614

(2) Removal of water conditions that jeopardize public	11615
health, safety, or welfare;	11616

(3) Increased value of land resulting from an improvement;

11617

(4) Use of water for irrigation, storage, regulation of	11618
stream flow, soil conservation, water supply, or any other	11619
incidental purpose;	11620

(5) Providing an outlet for the accelerated runoff from	11621
artificial drainage if a stream, watercourse, channel, or ditch	11622
that is under improvement is called upon to discharge functions	11623
for which it was not designed. Uplands that have been removed from	11624
their natural state by deforestation, cultivation, artificial	11625
drainage, urban development, or other human methods shall be	11626
considered to be benefited by an improvement that is required to	11627
dispose of the accelerated flow of water from the uplands.	11628

~~(L)~~(K) "Improvement" or "conservation works of improvement"	11629
means an improvement that is made under the authority established	11630
in division (C) of section 1515.08 of the Revised Code.	11631

~~(M)~~(L) "Land" has the same meaning as in section 6131.01 of	11632
the Revised Code.	11633

(M) "Agricultural pollution," "animal feeding operation," and	11634
"nutrient management plan" have the same meanings as in section	11635
939.01 of the Revised Code.	11636

(N) "Operation and management plan" and "sediment pollution"	11637
have the same meanings as in section 1511.01 of the Revised Code.	11638

Sec. 1515.02. There is hereby established in the department	11639
of natural resources the Ohio soil and water conservation	11640
commission. The commission shall consist of seven members of equal	11641
status and authority, ~~four~~six of whom shall be appointed by the	11642
governor with the advice and consent of the senate, and one of	11643
whom shall be designated by resolution of the board of directors	11644
of the Ohio federation of soil and water conservation districts.	11645
The ~~other two members shall be the director~~directors of	11646
agriculture ~~and~~, environmental protection, and natural resources,	11647
the vice-president for agricultural administration of the Ohio	11648
state university~~. The director of natural resources may~~	11649
~~participate in the deliberations~~, and an officer of the Ohio	11650
federation of soil and water conservation districts, or their	11651
designees, may serve as ex officio members of the commission, but	11652
without the power to vote. A vacancy in the office of an appointed	11653
member shall be filled by the governor, with the advice and	11654
consent of the senate. Any member appointed to fill a vacancy	11655
occurring prior to the expiration of the term for which the	11656
member's predecessor was appointed shall hold office for the	11657
remainder of that term. Of the appointed members, ~~two shall be~~	11658
~~farmers and all~~four shall be persons who have a knowledge of or	11659
interest in agricultural production and the natural resources of	11660
the state. One member shall represent rural interests and one	11661
member shall represent urban interests. Not more than ~~two~~three of	11662
the appointed members shall be members of the same political	11663
party.	11664

Terms of office of the member designated by the board of	11665
directors of the federation and the members appointed by the	11666
governor shall be for four years, commencing on the first day of	11667
July and ending on the thirtieth day of June.	11668

Each appointed member shall hold office from the date of	11669
appointment until the end of the term for which the member was	11670
appointed. Any appointed member shall continue in office	11671
subsequent to the expiration date of the member's term until the	11672
member's successor takes office, or until a period of sixty days	11673
has elapsed, whichever occurs first.	11674

The commission shall organize by selecting from its members a	11675
chairperson and a vice-chairperson. The commission shall hold at	11676
least one regular meeting in each quarter of each calendar year	11677
and shall keep a record of its proceedings, which shall be open to	11678
the public for inspection. Special meetings may be called by the	11679
chairperson and shall be called by the chairperson upon receipt of	11680
a written request signed by two or more members of the commission.	11681
Written notice of the time and place of each meeting shall be sent	11682
to each member of the commission. A majority of the commission	11683
shall constitute a quorum.	11684

The commission may adopt rules as necessary to carry out the	11685
purposes of this chapter, subject to Chapter 119. of the Revised	11686
Code.	11687

The governor may remove any appointed member of the	11688
commission at any time for inefficiency, neglect of duty, or	11689
malfeasance in office, after giving to the member a copy of the	11690
charges against the member and an opportunity to be heard publicly	11691
in person or by counsel in the member's defense. Any such act of	11692
removal by the governor is final. A statement of the findings of	11693
the governor, the reason for the governor's action, and the	11694
answer, if any, of the member shall be filed by the governor with	11695
the secretary of state and shall be open to public inspection.	11696

All members of the commission shall be reimbursed for the	11697
necessary expenses incurred by them in the performance of their	11698
duties as members.	11699

Upon recommendation by the commission, the director of	11700
natural resources shall designate an executive secretary and	11701
provide staff necessary to carry out the powers and duties of the	11702
commission. ~~The commission may utilize the services of such staff~~	11703
~~members in the college of agriculture of the Ohio state university~~	11704
~~as may be agreed upon by the commission and the college.~~	11705

The commission shall do all of the following:

11706

(A) Determine distribution of funds under section 1515.14 of	11707
the Revised Code, recommend to the director of natural resources	11708
and other agencies the levels of appropriations to special funds	11709
established to assist soil and water conservation districts, and	11710
recommend the amount of federal funds to be requested and policies	11711
for the use of such funds in support of soil and water	11712
conservation district programs;	11713

(B) Assist in keeping the supervisors of soil and water	11714
conservation districts informed of their powers and duties,	11715
program opportunities, and the activities and experience of all	11716
other districts, and facilitate the interchange of advice,	11717
experience, and cooperation between the districts;	11718

(C) Seek the cooperation and assistance of the federal	11719
government or any of its agencies, and of agencies of this state,	11720
in the work of the districts;	11721

(D) Adopt appropriate rules governing the conduct of	11722
elections provided for in this chapter, subject to Chapter 119. of	11723
the Revised Code, provided that only owners and occupiers of lands	11724
situated within the boundaries of the districts or proposed	11725
districts to which the elections apply shall be eligible to vote	11726
in the elections;	11727

(E) Recommend to the director priorities for planning and	11728
construction of small watershed projects, and make recommendations	11729
to the director concerning coordination of programs as proposed	11730
and implemented in agreements with soil and water conservation	11731
districts;	11732

(F) Recommend to the director, the governor, and the general	11733
assembly programs and legislation with respect to the operations	11734
of soil and water conservation districts that will encourage	11735
proper soil, water, and other natural resource management and	11736
promote the economic and social development of the state.	11737

Sec. 1515.08. The supervisors of a soil and water	11738
conservation district have the following powers in addition to	11739
their other powers:	11740

(A) To conduct surveys, investigations, and research relating	11741
to the character of soil erosion, floodwater and sediment damages,	11742
and the preventive and control measures and works of improvement	11743
for flood prevention and the conservation, development,	11744
utilization, and disposal of water needed within the district, and	11745
to publish the results of those surveys, investigations, or	11746
research, provided that no district shall initiate any research	11747
program except in cooperation or after consultation with the Ohio	11748
agricultural research and development center;	11749

(B) To develop plans for the conservation of soil resources,	11750
for the control and prevention of soil erosion, and for works of	11751
improvement for flood prevention and the conservation,	11752
development, utilization, and disposal of water within the	11753
district, and to publish those plans and information;	11754

(C) To implement, construct, repair, maintain, and operate	11755
preventive and control measures and other works of improvement for	11756
natural resource conservation and development and flood	11757
prevention, and the conservation, development, utilization, and	11758
disposal of water within the district on lands owned or controlled	11759
by this state or any of its agencies and on any other lands within	11760
the district, which works may include any facilities authorized	11761
under state or federal programs, and to acquire, by purchase or	11762
gift, to hold, encumber, or dispose of, and to lease real and	11763
personal property or interests in such property for those	11764
purposes;	11765

(D) To cooperate or enter into agreements with any occupier	11766
of lands within the district in the carrying on of natural	11767
resource conservation operations and works of improvement for	11768
flood prevention and the conservation, development, utilization,	11769
and management of natural resources within the district, subject	11770
to such conditions as the supervisors consider necessary;	11771

(E) To accept donations, gifts, grants, and contributions in	11772
money, service, materials, or otherwise, and to use or expend them	11773
according to their terms;	11774

(F) To adopt, amend, and rescind rules to carry into effect	11775
the purposes and powers of the district;	11776

(G) To sue and plead in the name of the district, and be sued	11777
and impleaded in the name of the district, with respect to its	11778
contracts and, as indicated in section 1515.081 of the Revised	11779
Code, certain torts of its officers, employees, or agents acting	11780
within the scope of their employment or official responsibilities,	11781
or with respect to the enforcement of its obligations and	11782
covenants made under this chapter;	11783

(H) To make and enter into all contracts, leases, and	11784
agreements and execute all instruments necessary or incidental to	11785
the performance of the duties and the execution of the powers of	11786
the district under this chapter, provided that all of the	11787
following apply:	11788

(1) Except as provided in section 307.86 of the Revised Code	11789
regarding expenditures by boards of county commissioners, when the	11790
cost under any such contract, lease, or agreement, other than	11791
compensation for personal services or rental of office space,	11792
involves an expenditure of more than the amount established in	11793
that section regarding expenditures by boards of county	11794
commissioners, the supervisors shall make a written contract with	11795
the lowest and best bidder after advertisement, for not less than	11796
two nor more than four consecutive weeks preceding the day of the	11797
opening of bids, in a newspaper of general circulation within the	11798
district or as provided in section 7.16 of the Revised Code and in	11799
such other publications as the supervisors determine. The notice	11800
shall state the general character of the work and materials to be	11801
furnished, the place where plans and specifications may be	11802
examined, and the time and place of receiving bids.	11803

(2) Each bid for a contract shall contain the full name of	11804
every person interested in it.	11805

(3) Each bid for a contract for the construction, demolition,	11806
alteration, repair, or reconstruction of an improvement shall meet	11807
the requirements of section 153.54 of the Revised Code.	11808

(4) Each bid for a contract, other than a contract for the	11809
construction, demolition, alteration, repair, or reconstruction of	11810
an improvement, at the discretion of the supervisors, may be	11811
accompanied by a bond or certified check on a solvent bank in an	11812
amount not to exceed five per cent of the bid, conditioned that,	11813
if the bid is accepted, a contract shall be entered into.	11814

(5) The supervisors may reject any and all bids.

11815

(I) To make agreements with the department of natural	11816
resources giving it control over lands of the district for the	11817
purpose of construction of improvements by the department under	11818
section 1501.011 of the Revised Code;	11819

(J) To charge, alter, and collect rentals and other charges	11820
for the use or services of any works of the district;	11821

(K) To enter, either in person or by designated	11822
representatives, upon lands, private or public, in the necessary	11823
discharge of their duties;	11824

(L) To enter into agreements or contracts with the department	11825
for the determination, implementation, inspection, and funding of	11826
~~agricultural~~sediment pollution abatement and urban sediment	11827
pollution abatement measures whereby landowners, operators,	11828
managers, and developers may meet adopted state standards for a	11829
quality environment, except that failure of a district board of	11830
supervisors to negotiate an agreement or contract with the	11831
department shall authorize the division of soil and water	11832
resources to implement the required program;	11833

(M) To enter into agreements or contracts with the department	11834
of agriculture for the determination, implementation, inspection,	11835
and funding of agricultural pollution abatement measures whereby	11836
landowners, operators, and managers may meet adopted state	11837
standards for a quality environment, except that failure of a	11838
district board of supervisors to negotiate an agreement or	11839
contract with that department shall authorize the department to	11840
implement the required program;	11841

(N) To conduct demonstrations and provide information to the	11842
public regarding practices and methods for natural resource	11843
conservation, development, and utilization;	11844

~~(N)~~(O) To enter into contracts or agreements with the chief	11845
of the division of soil and water resources to implement and	11846
administer a program for urban sediment pollution abatement and to	11847
receive and expend moneys provided by the chief for that purpose;	11848

~~(O)~~(P) To develop operation and management plans~~, as defined~~	11849
~~in section 1511.01 of the Revised Code,~~ as necessary;	11850

~~(P)~~(Q) To determine whether operation and management plans	11851
developed under division (A) of section 1511.021 of the Revised	11852
Code comply with the standards established under division (E)(1)	11853
of section 1511.02 of the Revised Code and to approve or	11854
disapprove the plans, based on such compliance. If an operation	11855
and management plan is disapproved, the board shall provide a	11856
written explanation to the person who submitted the plan. The	11857
person may appeal the plan disapproval to the chief, who shall	11858
afford the person a hearing. Following the hearing, the chief	11859
shall uphold the plan disapproval or reverse it. If the chief	11860
reverses the plan disapproval, the plan shall be deemed approved	11861
under this division. In the event that any person operating or	11862
owning agricultural land ~~or a concentrated animal feeding~~	11863
~~operation~~ in accordance with an approved operation and management	11864
plan who, in good faith, is following that plan, causes	11865
~~agricultural~~sediment pollution, the plan shall be revised in a	11866
fashion necessary to mitigate the ~~agricultural~~sediment pollution,	11867
as determined and approved by the board of supervisors of the soil	11868
and water conservation district.	11869

~~(Q)~~(R) To develop nutrient management plans as necessary;

11870

(S) To determine whether nutrient management plans developed	11871
under division (A) of section 939.03 of the Revised Code comply	11872
with the standards established in rules adopted under division	11873
(C)(1) of section 939.02 of the Revised Code and to approve or	11874
disapprove the plans based on such compliance. If a nutrient	11875
management plan is disapproved, the board shall provide a written	11876
explanation to the person who submitted the plan. The person may	11877
appeal the plan disapproval to the director of agriculture who	11878
shall afford the person a hearing. Following the hearing, the	11879
director shall uphold the plan disapproval or reverse it. If the	11880
director reverses the plan disapproval, the plan shall be deemed	11881
approved under this division. In the event that a person operating	11882
or owning agricultural land or an animal feeding operation in	11883
accordance with an approved nutrient management plan who, in good	11884
faith, is following that plan causes agricultural pollution, the	11885
plan shall be revised in a manner necessary to mitigate the	11886
agricultural pollution as determined and approved by the board of	11887
supervisors of the soil and water conservation district.	11888

(T) With regard to composting conducted in conjunction with	11889
agricultural operations, to do all of the following:	11890

(1) Upon request or upon their own initiative, inspect	11891
composting at any such operation to determine whether the	11892
composting is being conducted in accordance with section ~~1511.022~~	11893
939.04 of the Revised Code;	11894

(2) If the board determines that composting is not being so	11895
conducted, request the ~~chief~~director of agriculture to ~~issue an~~	11896
~~order under division(G) of section 1511.02of the Revised Code~~	11897
~~requiring~~take corrective actions under section 939.09 of the	11898
Revised Code that require the person who is conducting the	11899
composting to prepare a composting plan in accordance with rules	11900
adopted under division ~~(E)(8)(c)~~(C)(5)(a) of ~~that~~ section 939.02	11901
of the Revised Code and to operate in accordance with that plan or	11902
to operate in accordance with a previously prepared plan, as	11903
applicable;	11904

(3) In accordance with rules adopted under division	11905
~~(E)(8)(c)~~(C)(5)(b) of section ~~1511.02~~939.02 of the Revised Code,	11906
review and approve or disapprove any such composting plan. If a	11907
plan is disapproved, the board shall provide a written explanation	11908
to the person who submitted the plan.	11909

As used in division ~~(Q)~~(T) of this section, "composting" has	11910
the same meaning as in section ~~1511.01~~939.01 of the Revised Code.	11911

~~(R)~~(U) With regard to conservation activities that are	11912
conducted in conjunction with agricultural operations, to assist	11913
the county auditor, upon request, in determining whether a	11914
conservation activity is a conservation practice for purposes of	11915
Chapter 929. or sections 5713.30 to 5713.37 and 5715.01 of the	11916
Revised Code.	11917

As used in this division, "conservation practice" has the	11918
same meaning as in section 5713.30 of the Revised Code.	11919

~~(S)~~(V) To do all acts necessary or proper to carry out the	11920
powers granted in this chapter.	11921

The director of natural resources shall make recommendations	11922
to reduce the adverse environmental effects of each project that a	11923
soil and water conservation district plans to undertake under	11924
division (A), (B), (C), or (D) of this section and that will be	11925
funded in whole or in part by moneys authorized under section	11926
1515.16 of the Revised Code and shall disapprove any such project	11927
that the director finds will adversely affect the environment	11928
without equal or greater benefit to the public. The director's	11929
disapproval or recommendations, upon the request of the district	11930
filed in accordance with rules adopted by the Ohio soil and water	11931
conservation commission, shall be reviewed by the commission,	11932
which may confirm the director's decision, modify it, or add	11933
recommendations to or approve a project the director has	11934
disapproved.	11935

Any instrument by which real property is acquired pursuant to	11936
this section shall identify the agency of the state that has the	11937
use and benefit of the real property as specified in section	11938
5301.012 of the Revised Code.	11939

Sec. 1533.081. (A) As used in this section:

11940

(1) "Energy facility" ~~has the same meaning as in section~~	11941
~~1551.01 of the Revised Code~~means wind turbines and associated	11942
facilities with a single interconnection to the electrical grid	11943
that are designated for, or capable of, operation at an aggregate	11944
capacity of five or more megawatts.	11945

(2) "~~Energy facility~~Incidental taking" means ~~a facility at~~	11946
~~which energy is produced~~the killing or injuring of a wild animal	11947
occurring by chance or without intention.	11948

(B) A person operating an energy facility whose operation may	11949
result in the incidental taking of a wild animal shall obtain a	11950
permit ~~to do so~~for such an incidental taking from the chief of	11951
the division of wildlife under this section. The chief shall adopt	11952
rules under section 1531.10 of the Revised Code that are necessary	11953
to administer this section. The rules may include the	11954
establishment of a fee for such a permit.	11955

Sec. 1533.10. Except as provided in this section or division	11956
(A)(2) of section 1533.12 or section 1533.73 or 1533.731 of the	11957
Revised Code, no person shall hunt any wild bird or wild quadruped	11958
without a hunting license. Each day that any person hunts within	11959
the state without procuring such a license constitutes a separate	11960
offense. Except as otherwise provided in this section, every	11961
applicant for a hunting license who is a resident of the state and	11962
eighteen years of age or more shall procure a resident hunting	11963
license or an apprentice resident hunting license, the fee for	11964
which shall be eighteen dollars unless the rules adopted under	11965
division (B) of section 1533.12 of the Revised Code provide for	11966
issuance of a resident hunting license to the applicant free of	11967
charge. Except as provided in rules adopted under division (B)(2)	11968
of that section, each applicant who is a resident of this state	11969
and who at the time of application is sixty-six years of age or	11970
older shall procure a special senior hunting license, the fee for	11971
which shall be one-half of the regular hunting license fee. Every	11972
applicant who is under the age of eighteen years shall procure a	11973
special youth hunting license or an apprentice youth hunting	11974
license, the fee for which shall be one-half of the regular	11975
hunting license fee.	11976

A resident of this state who owns lands in the state and the	11977
owner's children of any age and grandchildren under eighteen years	11978
of age may hunt on the lands without a hunting license. A resident	11979
of any other state who owns real property in this state, and the	11980
spouse and children living with the property owner, may hunt on	11981
that property without a license, provided that the state of	11982
residence of the real property owner allows residents of this	11983
state owning real property in that state, and the spouse and	11984
children living with the property owner, to hunt without a	11985
license. If the owner of land in this state is a limited liability	11986
company or a limited liability partnership that consists of three	11987
or fewer individual members or partners, as applicable, an	11988
individual member or partner who is a resident of this state and	11989
the member's or partner's children of any age and grandchildren	11990
under eighteen years of age may hunt on the land owned by the	11991
limited liability company or limited liability partnership without	11992
a hunting license. In addition, if the owner of land in this state	11993
is a trust that has a total of three or fewer trustees and	11994
beneficiaries, an individual who is a trustee or beneficiary and	11995
who is a resident of this state and the individual's children of	11996
any age and grandchildren under eighteen years of age may hunt on	11997
the land owned by the trust without a hunting license. The tenant	11998
and children of the tenant, residing on lands in the state, may	11999
hunt on them without a hunting license.	12000

Except as otherwise provided in division (A)(1) of section	12001
1533.12 of the Revised Code, every applicant for a hunting license	12002
who is a nonresident of the state and who is eighteen years of age	12003
or older shall procure a nonresident hunting license or an	12004
apprentice nonresident hunting license, the fee for which shall be	12005
one hundred ~~twenty-four~~forty-nine dollars unless the applicant is	12006
a resident of a state that is a party to an agreement under	12007
section 1533.91 of the Revised Code, in which case the fee shall	12008
be eighteen dollars. Apprentice resident hunting licenses,	12009
apprentice youth hunting licenses, and apprentice nonresident	12010
hunting licenses are subject to the requirements established under	12011
section 1533.102 of the Revised Code and rules adopted pursuant to	12012
it.	12013

The chief of the division of wildlife may issue a small game	12014
hunting license expiring three days from the effective date of the	12015
license to a nonresident of the state, the fee for which shall be	12016
thirty-nine dollars. No person shall take or possess deer, wild	12017
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame	12018
animal while possessing only a small game hunting license. A small	12019
game hunting license or an apprentice nonresident hunting license	12020
does not authorize the taking or possessing of ducks, geese, or	12021
brant without having obtained, in addition to the small game	12022
hunting license or the apprentice nonresident hunting license, a	12023
wetlands habitat stamp as provided in section 1533.112 of the	12024
Revised Code. A small game hunting license or an apprentice	12025
nonresident hunting license does not authorize the taking or	12026
possessing of deer, wild turkeys, or fur-bearing animals. A	12027
nonresident of the state who wishes to take or possess deer, wild	12028
turkeys, or fur-bearing animals in this state shall procure,	12029
respectively, a deer or wild turkey permit as provided in section	12030
1533.11 of the Revised Code or a fur taker permit as provided in	12031
section 1533.111 of the Revised Code in addition to a nonresident	12032
hunting license, an apprentice nonresident hunting license, a	12033
special youth hunting license, or an apprentice youth hunting	12034
license, as applicable, as provided in this section.	12035

No person shall procure or attempt to procure a hunting	12036
license by fraud, deceit, misrepresentation, or any false	12037
statement.	12038

This section does not authorize the taking and possessing of	12039
deer or wild turkeys without first having obtained, in addition to	12040
the hunting license required by this section, a deer or wild	12041
turkey permit as provided in section 1533.11 of the Revised Code	12042
or the taking and possessing of ducks, geese, or brant without	12043
first having obtained, in addition to the hunting license required	12044
by this section, a wetlands habitat stamp as provided in section	12045
1533.112 of the Revised Code.	12046

This section does not authorize the hunting or trapping of	12047
fur-bearing animals without first having obtained, in addition to	12048
a hunting license required by this section, a fur taker permit as	12049
provided in section 1533.111 of the Revised Code.	12050

No hunting license shall be issued unless it is accompanied	12051
by a written explanation of the law in section 1533.17 of the	12052
Revised Code and the penalty for its violation, including a	12053
description of terms of imprisonment and fines that may be	12054
imposed.	12055

No hunting license, other than an apprentice hunting license,	12056
shall be issued unless the applicant presents to the agent	12057
authorized to issue the license a previously held hunting license	12058
or evidence of having held such a license in content and manner	12059
approved by the chief, a certificate of completion issued upon	12060
completion of a hunter education and conservation course approved	12061
by the chief, or evidence of equivalent training in content and	12062
manner approved by the chief. A previously held apprentice hunting	12063
license does not satisfy the requirement concerning the	12064
presentation of a previously held hunting license or evidence of	12065
it.	12066

No person shall issue a hunting license, except an apprentice	12067
hunting license, to any person who fails to present the evidence	12068
required by this section. No person shall purchase or obtain a	12069
hunting license, other than an apprentice hunting license, without	12070
presenting to the issuing agent the evidence required by this	12071
section. Issuance of a hunting license in violation of the	12072
requirements of this section is an offense by both the purchaser	12073
of the illegally obtained hunting license and the clerk or agent	12074
who issued the hunting license. Any hunting license issued in	12075
violation of this section is void.	12076

The chief, with approval of the wildlife council, shall adopt	12077
rules prescribing a hunter education and conservation course for	12078
first-time hunting license buyers, other than buyers of apprentice	12079
hunting licenses, and for volunteer instructors. The course shall	12080
consist of subjects including, but not limited to, hunter safety	12081
and health, use of hunting implements, hunting tradition and	12082
ethics, the hunter and conservation, the law in section 1533.17 of	12083
the Revised Code along with the penalty for its violation,	12084
including a description of terms of imprisonment and fines that	12085
may be imposed, and other law relating to hunting. Authorized	12086
personnel of the division or volunteer instructors approved by the	12087
chief shall conduct such courses with such frequency and at such	12088
locations throughout the state as to reasonably meet the needs of	12089
license applicants. The chief shall issue a certificate of	12090
completion to each person who successfully completes the course	12091
and passes an examination prescribed by the chief.	12092

Sec. 1533.11. (A)(1) Except as provided in this section or	12093
section 1533.731 of the Revised Code, no person shall hunt deer on	12094
lands of another without first obtaining an annual deer permit.	12095
Except as provided in this section, no person shall hunt wild	12096
turkeys on lands of another without first obtaining an annual wild	12097
turkey permit. ~~Each~~	12098

(2) Each applicant for a ~~deer or~~ wild turkey permit shall pay	12099
an annual fee of twenty-three dollars for ~~each~~the permit unless	12100
the rules adopted under division (B) of section 1533.12 of the	12101
Revised Code provide for issuance of a ~~deer or~~ wild turkey permit	12102
to the applicant free of charge. Except as provided in rules	12103
adopted under division (B)(2) of that section, each applicant who	12104
is a resident of this state and who at the time of application is	12105
sixty-six years of age or older shall procure a senior ~~deer or~~	12106
wild turkey permit, the fee for which shall be one-half of the	12107
regular ~~deer or~~ wild turkey permit fee. Each applicant who is	12108
under the age of eighteen years shall procure a youth ~~deer or~~ wild	12109
turkey permit, the fee for which shall be one-half of the regular	12110
~~deer or~~ wild turkey permit fee. ~~Except~~	12111

(3) Each applicant for a deer permit who is a resident of	12112
this state shall procure a resident deer permit, the fee for which	12113
is twenty-three dollars unless the rules adopted under division	12114
(B) of section 1533.12 of the Revised Code provide for issuance of	12115
a deer permit to the applicant free of charge. Each applicant for	12116
a deer permit who is a nonresident of this state shall procure a	12117
nonresident deer permit, the fee for which is ninety-nine dollars	12118
unless the rules adopted under that division provide for issuance	12119
of a deer permit to the applicant free of charge. Except as	12120
provided in rules adopted under division (B)(2) of section 1533.12	12121
of the Revised Code, each applicant who is a resident of this	12122
state and who at the time of application is sixty-six years of age	12123
or older shall procure a senior resident deer permit, the fee for	12124
which is one-half of the regular resident deer permit fee. Each	12125
applicant who is under the age of eighteen years, regardless of	12126
residency, shall procure a youth deer permit, the fee for which is	12127
one-half of the regular resident deer permit fee.	12128

(4) As used in this chapter, "deer permit" includes a	12129
resident deer permit and a nonresident deer permit unless the	12130
context indicates otherwise.	12131

(5) Except as provided in division (A)(2) of section 1533.12	12132
of the Revised Code, a deer or wild turkey permit shall run	12133
concurrently with the hunting license. The money received shall be	12134
paid into the state treasury to the credit of the wildlife fund,	12135
created in section 1531.17 of the Revised Code, exclusively for	12136
the use of the division of wildlife in the acquisition and	12137
development of land for deer or wild turkey management, for	12138
investigating deer or wild turkey problems, and for the stocking,	12139
management, and protection of deer or wild turkey. Every person,	12140
while hunting deer or wild turkey on lands of another, shall carry	12141
the person's deer or wild turkey permit and exhibit it to any	12142
enforcement officer so requesting. Failure to so carry and exhibit	12143
such a permit constitutes an offense under this section. The chief	12144
of the division of wildlife shall adopt any additional rules the	12145
chief considers necessary to carry out this section and section	12146
1533.10 of the Revised Code.	12147

An owner who is a resident of this state or an owner who is	12148
exempt from obtaining a hunting license under section 1533.10 of	12149
the Revised Code and the children of the owner of lands in this	12150
state may hunt deer or wild turkey thereon without a deer or wild	12151
turkey permit. If the owner of land in this state is a limited	12152
liability company or a limited liability partnership that consists	12153
of three or fewer individual members or partners, as applicable,	12154
an individual member or partner who is a resident of this state	12155
and the member's or partner's children of any age may hunt deer or	12156
wild turkey on the land owned by the limited liability company or	12157
limited liability partnership without a deer or wild turkey	12158
permit. In addition, if the owner of land in this state is a trust	12159
that has a total of three or fewer trustees and beneficiaries, an	12160
individual who is a trustee or beneficiary and who is a resident	12161
of this state and the individual's children of any age may hunt	12162
deer or wild turkey on the land owned by the trust without a deer	12163
or wild turkey permit. The tenant and children of the tenant may	12164
hunt deer or wild turkey on lands where they reside without a deer	12165
or wild turkey permit.	12166

(B) A deer or wild turkey permit is not transferable. No	12167
person shall carry a deer or wild turkey permit issued in the name	12168
of another person.	12169

(C) The wildlife refunds fund is hereby created in the state	12170
treasury. The fund shall consist of money received from	12171
application fees for deer permits that are not issued. Money in	12172
the fund shall be used to make refunds of such application fees.	12173

(D) If the division establishes a system for the electronic	12174
submission of information regarding deer or wild turkey that are	12175
taken, the division shall allow the owner and the children of the	12176
owner of lands in this state to use the owner's name or address	12177
for purposes of submitting that information electronically via	12178
that system.	12179

Sec. 1533.12. (A)(1) Except as otherwise provided in	12180
division (A)(2) of this section, every person on active duty in	12181
the armed forces of the United States who is stationed in this	12182
state and who wishes to engage in an activity for which a license,	12183
permit, or stamp is required under this chapter first shall obtain	12184
the requisite license, permit, or stamp. Such a person is eligible	12185
to obtain a resident hunting or fishing license regardless of	12186
whether the person qualifies as a resident of this state. To	12187
obtain a resident hunting or fishing license, the person shall	12188
present a card or other evidence identifying the person as being	12189
on active duty in the armed forces of the United States and as	12190
being stationed in this state.	12191

(2) Every person on active duty in the armed forces of the	12192
United States, while on leave or furlough, may take or catch fish	12193
of the kind lawfully permitted to be taken or caught within the	12194
state, may hunt any wild bird or wild quadruped lawfully permitted	12195
to be hunted within the state, and may trap fur-bearing animals	12196
lawfully permitted to be trapped within the state, without	12197
procuring a fishing license, a hunting license, a fur taker	12198
permit, or a wetlands habitat stamp required by this chapter,	12199
provided that the person shall carry on the person when fishing,	12200
hunting, or trapping, a card or other evidence identifying the	12201
person as being on active duty in the armed forces of the United	12202
States, and provided that the person is not otherwise violating	12203
any of the hunting, fishing, and trapping laws of this state.	12204

In order to hunt deer or wild turkey, any such person shall	12205
obtain a resident deer or wild turkey permit, as applicable, under	12206
section 1533.11 of the Revised Code. Such a person is eligible to	12207
obtain a resident deer permit regardless of whether the person is	12208
a resident of this state. However, the person need not obtain a	12209
hunting license in order to obtain ~~such a~~either permit.	12210

(B) The chief of the division of wildlife shall provide by	12211
rule adopted under section 1531.10 of the Revised Code all of the	12212
following:	12213

(1) Every resident of this state with a disability that has	12214
been determined by the veterans administration to be permanently	12215
and totally disabling, who receives a pension or compensation from	12216
the veterans administration, and who received an honorable	12217
discharge from the armed forces of the United States, and every	12218
veteran to whom the registrar of motor vehicles has issued a set	12219
of license plates under section 4503.41 of the Revised Code, shall	12220
be issued a fishing license, hunting license, fur taker permit,	12221
deer or wild turkey permit, or wetlands habitat stamp, or any	12222
combination of those licenses, permits, and stamp, free of charge	12223
on an annual, multi-year, or lifetime basis as determined	12224
appropriate by the chief when application is made to the chief in	12225
the manner prescribed by and on forms provided by the chief.	12226

(2) Every resident of the state who was born on or before	12227
December 31, 1937, shall be issued an annual fishing license,	12228
hunting license, fur taker permit, deer or wild turkey permit, or	12229
wetlands habitat stamp, or any combination of those licenses,	12230
permits, and stamp, free of charge when application is made to the	12231
chief in the manner prescribed by and on forms provided by the	12232
chief.	12233

(3) Every resident of state or county institutions,	12234
charitable institutions, and military homes in this state shall be	12235
issued an annual fishing license free of charge when application	12236
is made to the chief in the manner prescribed by and on forms	12237
provided by the chief.	12238

(4) Any mobility impaired or blind person, as defined in	12239
section 955.011 of the Revised Code, who is a resident of this	12240
state and who is unable to engage in fishing without the	12241
assistance of another person shall be issued an annual fishing	12242
license free of charge when application is made to the chief in	12243
the manner prescribed by and on forms provided by the chief. The	12244
person who is assisting the mobility impaired or blind person may	12245
assist in taking or catching fish of the kind permitted to be	12246
taken or caught without procuring the license required under	12247
section 1533.32 of the Revised Code, provided that only one line	12248
is used by both persons.	12249

(5) As used in division (B)(5) of this section, "prisoner of	12250
war" means any regularly appointed, enrolled, enlisted, or	12251
inducted member of the military forces of the United States who	12252
was captured, separated, and incarcerated by an enemy of the	12253
United States.	12254

Any person who has been a prisoner of war, was honorably	12255
discharged from the military forces, and is a resident of this	12256
state shall be issued a fishing license, hunting license, fur	12257
taker permit, or wetlands habitat stamp, or any combination of	12258
those licenses, permits, and stamp, free of charge on an annual,	12259
multi-year, or lifetime basis as determined appropriate by the	12260
chief when application is made to the chief in the manner	12261
prescribed by and on forms provided by the chief.	12262

(C) The chief shall adopt rules pursuant to section 1531.08	12263
of the Revised Code designating not more than two days, which need	12264
not be consecutive, in each year as "free sport fishing days" on	12265
which any resident may exercise the privileges accorded the holder	12266
of a fishing license issued under section 1533.32 of the Revised	12267
Code without procuring such a license, provided that the person is	12268
not otherwise violating any of the fishing laws of this state.	12269

Sec. 1551.34. On or before the ~~thirty-first~~first day of	12270
~~March~~August of ~~the second~~each even-numbered year ~~of each~~	12271
~~biennium~~, the director of the Ohio coal development office	12272
established under section 1551.32 of the Revised Code shall submit	12273
to the governor and the general assembly an Ohio coal development	12274
agenda. Prior to each submission, the office shall solicit public	12275
comment on the agenda to give interested parties an opportunity to	12276
comment on the agenda. The director shall consider any public	12277
comments received prior to the agenda's submission. The agenda	12278
shall include, but is not limited to, all of the following:	12279

(A) A characterization of Ohio coal, constraints on its	12280
maximum use, and opportunities for overcoming those constraints;	12281

(B) A characterization of the current and potential markets	12282
for Ohio coal, constraints on increased market demand for it, and	12283
opportunities for overcoming those constraints;	12284

(C) Identification of each of the office's programs and its	12285
correspondence to the purposes of the office;	12286

(D) A description of the office's current projects that	12287
includes the status of each project and a specific description of	12288
the office's activities in all of the following areas:	12289

(1) Commercialization of available technology;

12290

(2) Marketplace adoption of that technology;

12291

(3) Enhancement of user markets for Ohio coal.

12292

(E) The types of projects to be funded in the succeeding	12293
biennium;	12294

(F) Anticipated expenditures for, the relative priority of,	12295
and the potential benefits of each type of project to be funded in	12296
the succeeding biennium;	12297

(G) The results obtained from completed projects and	12298
dissemination of those results;	12299

(H) A fiscal report of the office's activities under sections	12300
1551.30 to 1551.35 and Chapter 1555. of the Revised Code during	12301
the preceding biennium;	12302

(I) The criteria used to select the office's specific types	12303
of projects. The criteria shall consider all of the following:	12304

(1) A project's relationship to and support of the office's	12305
purposes;	12306

(2) The technology involved, its applicability to Ohio coal,	12307
and its potential rate and probability of marketplace adoption;	12308

(3) The commercial readiness of a project's facility,	12309
technology, or equipment;	12310

(4) The cost and relative risk to the state and the	12311
participation of other investors or interested parties in a	12312
project's financing;	12313

(5) The likelihood that results of a project would not be	12314
achieved in the absence of the office's assistance.	12315

Sec. 1561.31. Each deputy mine inspector shall inspect each	12316
mine in the inspector's district, the owner, lessee, agent, or	12317
operator of which is an employer as defined in section 4123.01 of	12318
the Revised Code, or any other mine at which three or more persons	12319
work, at intervals not exceeding three months between inspections,	12320
and all other mines in the inspector's district as often as	12321
practical, noting particularly the location and condition of	12322
buildings, the condition of the boiler, machinery, workings of the	12323
mine, the traveling ways and haulageways, the circulation and	12324
condition of the air and drainage, and the condition of electrical	12325
circuits and appliances. The inspector shall make tests for	12326
poisonous, explosive, and noxious gases, and shall specifically	12327
order compliance with any section of this chapter and Chapters	12328
1563., 1565., and 1567. and sections 1509.09, 1509.12, 1509.13,	12329
1509.14, 1509.15, 1509.17, and 1509.18 of the Revised Code that	12330
the inspector finds is being violated.	12331

Upon completion of the inspection of a mine, the inspector	12332
shall fill out a report of the conditions found during inspections	12333
on a form provided by the chief of the division of mineral	12334
resources management, which form shall provide for statements as	12335
to whether the laws are being observed or violated, and if	12336
violated, the nature and extent thereof, the date of the	12337
inspection, the number of persons employed in and about the mine,	12338
whether or not ~~a certificate of compliance~~the proof of workers'	12339
compensation coverage issued pursuant to section 4123.35 of the	12340
Revised Code is posted and the date of expiration thereof, and	12341
matters, things, and practices that specifically are covered by	12342
law, order of the chief, or previous order of the inspector. The	12343
inspector shall make this report in quadruplicate or	12344
quintuplicate, and send the original to the chief, post a copy at	12345
the mine, give a copy to the mine superintendent, and retain a	12346
copy for the inspector's files. Where the miners of a mine have a	12347
mine safety committee, the inspector shall post one additional	12348
copy of the report of that mine at that mine for the use and	12349
possession of the committee. The report required by this section	12350
shall be known as the inspector's routine report.	12351

If an inspector orders compliance with this chapter and	12352
Chapters 1563., 1565., and 1567. and sections 1509.09, 1509.12,	12353
1509.13, 1509.14, 1509.15, 1509.17, and 1509.18 of the Revised	12354
Code, and is assured by the superintendent of the mine to which	12355
the order applies that the order will be complied with, the	12356
inspector shall revisit the mine within a reasonable period of	12357
time and ascertain whether or not the order has been complied	12358
with. The inspector shall report the inspector's findings to the	12359
chief on a form to be provided by the chief, and take action to	12360
enforce compliance.	12361

Sec. 1711.50. As used in sections 1711.50 to 1711.57 of the	12362
Revised Code:	12363

(A) "Amusement ride" means any mechanical, aquatic, or	12364
inflatable device, or combination of those devices that carries or	12365
conveys passengers on, along, around, over, or through a fixed or	12366
restricted course or within a defined area for the purpose of	12367
providing amusement, pleasure, or excitement. "Amusement ride"	12368
includes carnival rides, bungee jumping facilities, and fair	12369
rides, but does not include passenger tramways as defined in	12370
section 4169.01 of the Revised Code or amusement rides operated	12371
solely at trade shows for a limited period of time. For purposes	12372
of this division ~~(A) of this section~~, "trade show" means a place	12373
of exhibition not open to the general public where amusement ride	12374
manufacturers display, promote, operate, and sell amusement rides	12375
to prospective purchasers.	12376

(B) "Temporary amusement ride" means an amusement ride that	12377
is relocated at least once per year with or without disassembly.	12378

(C) "Permanent amusement ride" means an amusement ride that	12379
is erected to remain a lasting part of the premises.	12380

(D) "Owner" means any person who owns or leases and controls	12381
or manages the operation of an amusement ride, and includes	12382
individuals, partnerships, corporations, both profit and	12383
nonprofit, and the state and any of its political subdivisions and	12384
their departments or agencies.	12385

(E) "Operation" means the use or operation, or both, of an	12386
amusement ride with riders.	12387

(F) "Rider" means any person who sits, stands, or is	12388
otherwise conveyed or carried as a passenger on an amusement ride,	12389
but does not include employees or agents of the owner of the	12390
amusement ride.	12391

(G) "Amusement ride operator" means any person causing the	12392
amusement ride to go, stop, or perform its function.	12393

(H) "Reassembly" means the installation, erection, or	12394
reconstruction of the main mechanical, safety, electrical, or	12395
electronic components of an amusement ride following	12396
transportation or storage and prior to operation. Replacement of	12397
mechanical, safety, electrical, or electronic components of an	12398
amusement ride for the purpose of repair or maintenance is not	12399
reassembly.	12400

(I) "Repair" means to restore an amusement ride to a	12401
condition equal to or better than original design specifications.	12402

(J) "Maintenance" means the preservation and upkeep of an	12403
amusement ride for the purpose of maintaining its designed	12404
operational capability.	12405

(K) "Inspection" means a physical examination of an amusement	12406
ride by an inspector for the purpose of approving the application	12407
for a permit. "Inspection" includes a reinspection.	12408

(L) "Accident" means an occurrence during the operation of an	12409
amusement ride ~~which~~that results in death or injury requiring	12410
immediate hospital admission.	12411

(M) "Serious injury" means an injury that does not require	12412
immediate hospital admission but does require medical treatment,	12413
other than first aid, by a physician.	12414

(N) "First aid" means the one-time treatment or subsequent	12415
observation of scratches, cuts not requiring stitches, burns,	12416
splinters, and contusions or a diagnostic procedure, including	12417
examinations and x-rays, ~~which~~that does not ordinarily require	12418
medical treatment even though provided by a physician or other	12419
licensed professional personnel.	12420

(O) "Advisory council" means the advisory council on	12421
amusement ride safety created by section 1711.51 of the Revised	12422
Code.	12423

(P) "Safe operation" means, except as provided in section	12424
1711.57 of the Revised Code, the practical application of	12425
maintenance, inspection, and operational processes, as indicated	12426
by the manufacturer, owner, or advisory council, that secures a	12427
rider from threat of physical danger, harm, or loss.	12428

(Q) "Private facility" means any facility that is accessible	12429
only to members of the facility and not accessible to the general	12430
public, even upon payment of a fee or charge, and that requires	12431
approval for membership by a membership committee representing the	12432
current members who have a policy requiring monetary payment to	12433
belong to the facility.	12434

(R) "Bungee jumping" means a fall or jump from a height by an	12435
individual who is attached to an elastic cord that prevents the	12436
individual from hitting the ground, water, or other solid,	12437
semi-solid, liquid, or elastic surface.	12438

(S) "Bungee jumping facility" means a device or structure	12439
utilized for bungee jumping.	12440

(T) "Kiddie ride" means an amusement ride designed for use by	12441
children under thirteen years of age who are unaccompanied by	12442
another person. "Kiddie ride" includes a roller coaster that is	12443
not more than forty feet in elevation at any point on the ride.	12444

Sec. 1711.53. (A)(1) No person shall operate an amusement	12445
ride within the state without a permit issued by the director of	12446
agriculture under division (A)(2) of this section. The owner of an	12447
amusement ride, whether the ride is a temporary amusement ride or	12448
a permanent amusement ride, who desires to operate the amusement	12449
ride within the state shall, prior to the operation of the	12450
amusement ride and annually thereafter, submit to the department	12451
of agriculture an application for a permit, together with the	12452
appropriate permit and inspection fee, on a form to be furnished	12453
by the department. Prior to issuing any permit the department	12454
shall, within thirty days after the date on which it receives the	12455
application, inspect each amusement ride described in the	12456
application. The owner of an amusement ride shall have the	12457
amusement ride ready for inspection not later than two hours after	12458
the time that is requested by the person for the inspection.	12459

(2) For each amusement ride found to comply with the rules	12460
adopted by the director under division (B) of this section and	12461
division (B) of section 1711.551 of the Revised Code, the director	12462
shall issue an annual permit, provided that evidence of liability	12463
insurance coverage for the amusement ride as required by section	12464
1711.54 of the Revised Code is on file with the department.	12465

(3) The director shall issue with each permit a decal	12466
indicating that the amusement ride has been issued the permit. The	12467
owner of the amusement ride shall affix the decal on the ride at a	12468
location where the decal is easily visible to the patrons of the	12469
ride. A copy of the permit shall be kept on file at the same	12470
address as the location of the amusement ride identified on the	12471
permit, and shall be made available for inspection, upon	12472
reasonable demand, by any person. An owner may operate an	12473
amusement ride prior to obtaining a permit, provided that the	12474
operation is for the purpose of testing the amusement ride or	12475
training amusement ride operators and other employees of the owner	12476
and the amusement ride is not open to the public.	12477

(B) The director, in accordance with Chapter 119. of the	12478
Revised Code, shall adopt rules providing for a schedule of fines,	12479
with no fine exceeding five thousand dollars, for violations of	12480
sections 1711.50 to 1711.57 of the Revised Code or any rules	12481
adopted under this division and for the classification of	12482
amusement rides and rules for the safe operation and inspection of	12483
all amusement rides as are necessary for amusement ride safety and	12484
for the protection of the general public. Rules adopted by the	12485
director for the safe operation and inspection of amusement rides	12486
shall be reasonable and based upon generally accepted engineering	12487
standards and practices. In adopting rules under this section, the	12488
director may adopt by reference, in whole or in part, the national	12489
fire code or the national electrical code (NEC) prepared by the	12490
national fire protection association, the standards of the	12491
American society for testing and materials (ASTM) or the American	12492
national standards institute (ANSI), or any other principles,	12493
tests, or standards of nationally recognized technical or	12494
scientific authorities. Insofar as is practicable and consistent	12495
with sections 1711.50 to 1711.57 of the Revised Code, rules	12496
adopted under this division shall be consistent with the rules of	12497
other states. The department shall cause sections 1711.50 to	12498
1711.57 of the Revised Code and the rules adopted in accordance	12499
with this division and division (B) of section 1711.551 of the	12500
Revised Code to be published in pamphlet form and a copy to be	12501
furnished without charge to each owner of an amusement ride who	12502
holds a current permit or is an applicant therefor.	12503

(C) With respect to an application for a permit for an	12504
amusement ride, an owner may apply to the director for a waiver or	12505
modification of any rule adopted under division (B) of this	12506
section if there are practical difficulties or unnecessary	12507
hardships for the amusement ride to comply with the rules. Any	12508
application shall set forth the reasons for the request. The	12509
director, with the approval of the advisory council on amusement	12510
ride safety, may waive or modify the application of a rule to any	12511
amusement ride if the public safety is secure. Any authorization	12512
by the director under this division shall be in writing and shall	12513
set forth the conditions under which the waiver or modification is	12514
authorized, and the department shall retain separate records of	12515
all proceedings under this division.	12516

(D)(1) The director shall employ and provide for training of	12517
a chief inspector and additional inspectors and employees as may	12518
be necessary to administer and enforce sections 1711.50 to 1711.57	12519
of the Revised Code. The director may appoint or contract with	12520
other persons to perform inspections of amusement rides, provided	12521
that the persons meet the qualifications for inspectors	12522
established by rules adopted under division (B) of this section	12523
and are not owners, or employees of owners, of any amusement ride	12524
subject to inspection under sections 1711.50 to 1711.57 of the	12525
Revised Code. No person shall inspect an amusement ride who,	12526
within six months prior to the date of inspection, was an employee	12527
of the owner of the ride.	12528

(2) Before the director contracts with other persons to	12529
inspect amusement rides, the director shall seek the advice of the	12530
advisory council on amusement ride safety on whether to contract	12531
with those persons. The advice shall not be binding upon the	12532
director. After having received the advice of the council, the	12533
director may proceed to contract with inspectors in accordance	12534
with the procedures specified in division (E)(2) of section	12535
1711.11 of the Revised Code.	12536

(3) With the advice and consent of the advisory council on	12537
amusement ride safety, the director may employ a special	12538
consultant to conduct an independent investigation of an amusement	12539
ride accident. This consultant need not be in the civil service of	12540
the state, but shall have qualifications to conduct the	12541
investigation acceptable to the council.	12542

(E)(1) Except as otherwise provided in division (E)(1) of	12543
this section, the department shall charge the following amusement	12544
ride fees:	12545

Permit		$	150	12546
Annual inspection and reinspection per ride:				12547
	Kiddie rides	$	100	12548
	Roller coaster	$	~~950~~ 1,200	12549
	Aerial lifts or bungee jumping facilities	$	450	12550
	Go karts, per kart	$	5	12551
	Inflatable rides, kiddie and adult	$	105	12552
	Other rides	$	160	12553
Midseason operational inspection per ride		$	25	12554
Expedited inspection per ride		$	100	12555
Failure to cancel scheduled inspection per ride		$	100	12556
Failure to have amusement ride ready for inspection				12557
per ride		$	100	12558

The go kart inspection fee is in addition to the inspection	12559
fee for the go kart track.	12560

The fees for an expedited inspection, failure to cancel a	12561
scheduled inspection, and failure to have an amusement ride ready	12562
for inspection do not apply to go karts.	12563

As used in division (E)(1) of this section, "expedited	12564
inspection" means an inspection of an amusement ride by the	12565
department not later than ten days after the owner of the	12566
amusement ride files an application for a permit under this	12567
section.	12568

(2) All fees and fines collected by the department under	12569
sections 1711.50 to 1711.57 of the Revised Code shall be deposited	12570
in the state treasury to the credit of the amusement ride	12571
inspection fund, which is hereby created, and shall be used only	12572
for the purpose of administering and enforcing sections 1711.11	12573
and 1711.50 to 1711.57 of the Revised Code.	12574

(3) The owner of an amusement ride shall be required to pay a	12575
reinspection fee only if the reinspection was conducted at the	12576
owner's request under division (F) of this section, if the	12577
reinspection is required by division (F) of this section because	12578
of an accident, or if the reinspection is required by division (F)	12579
of section 1711.55 of the Revised Code. If a reinspection is	12580
conducted at the request of the chief officer of a fair, festival,	12581
or event where the ride is operating, the reinspection fee shall	12582
be charged to the fair, festival, or event.	12583

(4) The rules adopted under division (B) of this section	12584
shall define ~~"kiddie rides,"~~ "roller coaster," "aerial lifts," "go	12585
karts," and "other rides" for purposes of determining the fees	12586
under division (E) of this section. The rules shall define "other	12587
rides" to include go kart tracks.	12588

(F) A reinspection of an amusement ride shall take place if	12589
an accident occurs, if the owner of the ride or the chief officer	12590
of the fair, festival, or event where the ride is operating	12591
requests a reinspection, or if the reinspection is required by	12592
division (F) of section 1711.55 of the Revised Code.	12593

(G) As a supplement to its annual inspection of a temporary	12594
amusement ride, the department may inspect the ride during each	12595
scheduled event, as listed in the schedule of events provided to	12596
the department by the owner pursuant to division (C) of section	12597
1711.55 of the Revised Code, at which the ride is operated in this	12598
state. These supplemental inspections are in addition to any other	12599
inspection or reinspection of the ride as may be required under	12600
sections 1711.50 to 1711.57 of the Revised Code, and the owner of	12601
the temporary amusement ride is not required to pay an inspection	12602
or reinspection fee for this supplemental inspection. Nothing in	12603
this division shall be construed to prohibit the owner of a	12604
temporary amusement ride having a valid permit to operate in this	12605
state from operating the ride at a scheduled event before the	12606
department conducts a supplemental inspection.	12607

(H) The department may annually conduct a midseason	12608
operational inspection of every amusement ride upon which it	12609
conducts an annual inspection pursuant to division (A) of this	12610
section. The midseason operational inspection is in addition to	12611
any other inspection or reinspection of the amusement ride as may	12612
be required pursuant to sections 1711.50 to 1711.57 of the Revised	12613
Code. The owner of an amusement ride shall submit to the	12614
department, at the time determined by the department, the	12615
midseason operational inspection fee specified in division (E) of	12616
this section. The director, in accordance with Chapter 119. of the	12617
Revised Code, shall adopt rules specifying the time period during	12618
which the department will conduct midseason operational	12619
inspections.	12620

Sec. 2151.417. (A) Any court that issues a dispositional	12621
order pursuant to section 2151.353, 2151.414, or 2151.415 of the	12622
Revised Code may review at any time the child's placement or	12623
custody arrangement, the case plan prepared for the child pursuant	12624
to section 2151.412 of the Revised Code, the actions of the public	12625
children services agency or private child placing agency in	12626
implementing that case plan, the child's permanency plan if the	12627
child's permanency plan has been approved, and any other aspects	12628
of the child's placement or custody arrangement. In conducting the	12629
review, the court shall determine the appropriateness of any	12630
agency actions, the safety and appropriateness of continuing the	12631
child's placement or custody arrangement, and whether any changes	12632
should be made with respect to the child's permanency plan or	12633
placement or custody arrangement or with respect to the actions of	12634
the agency under the child's placement or custody arrangement.	12635
Based upon the evidence presented at a hearing held after notice	12636
to all parties and the guardian ad litem of the child, the court	12637
may require the agency, the parents, guardian, or custodian of the	12638
child, and the physical custodians of the child to take any	12639
reasonable action that the court determines is necessary and in	12640
the best interest of the child or to discontinue any action that	12641
it determines is not in the best interest of the child.	12642

(B) If a court issues a dispositional order pursuant to	12643
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the	12644
court has continuing jurisdiction over the child as set forth in	12645
division (E)(1) of section 2151.353 of the Revised Code. The court	12646
may amend a dispositional order in accordance with division (E)(2)	12647
of section 2151.353 of the Revised Code at any time upon its own	12648
motion or upon the motion of any interested party. The court shall	12649
comply with section 2151.42 of the Revised Code in amending any	12650
dispositional order pursuant to this division.	12651

(C) Any court that issues a dispositional order pursuant to	12652
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall	12653
hold a review hearing one year after the earlier of the date on	12654
which the complaint in the case was filed or the child was first	12655
placed into shelter care to review the case plan prepared pursuant	12656
to section 2151.412 of the Revised Code and the child's placement	12657
or custody arrangement, to approve or review the permanency plan	12658
for the child, and to make changes to the case plan and placement	12659
or custody arrangement consistent with the permanency plan. The	12660
court shall schedule the review hearing at the time that it holds	12661
the dispositional hearing pursuant to section 2151.35 of the	12662
Revised Code.	12663

The court shall hold a similar review hearing no later than	12664
every twelve months after the initial review hearing until the	12665
child is adopted, returned to the parents, or the court otherwise	12666
terminates the child's placement or custody arrangement, except	12667
that the dispositional hearing held pursuant to section 2151.415	12668
of the Revised Code shall take the place of the first review	12669
hearing to be held under this section. The court shall schedule	12670
each subsequent review hearing at the conclusion of the review	12671
hearing immediately preceding the review hearing to be scheduled.	12672

(D) If, within fourteen days after a written summary of an	12673
administrative review is filed with the court pursuant to section	12674
2151.416 of the Revised Code, the court does not approve the	12675
proposed change to the case plan filed pursuant to division (E) of	12676
section 2151.416 of the Revised Code or a party or the guardian ad	12677
litem requests a review hearing pursuant to division (E) of that	12678
section, the court shall hold a review hearing in the same manner	12679
that it holds review hearings pursuant to division (C) of this	12680
section, except that if a review hearing is required by this	12681
division and if a hearing is to be held pursuant to division (C)	12682
of this section or section 2151.415 of the Revised Code, the	12683
hearing held pursuant to division (C) of this section or section	12684
2151.415 of the Revised Code shall take the place of the review	12685
hearing required by this division.	12686

(E) If a court determines pursuant to section 2151.419 of the	12687
Revised Code that a public children services agency or private	12688
child placing agency is not required to make reasonable efforts to	12689
prevent the removal of a child from the child's home, eliminate	12690
the continued removal of a child from the child's home, and return	12691
the child to the child's home, and the court does not return the	12692
child to the child's home pursuant to division (A)(3) of section	12693
2151.419 of the Revised Code, the court shall hold a review	12694
hearing to approve the permanency plan for the child and, if	12695
appropriate, to make changes to the child's case plan and the	12696
child's placement or custody arrangement consistent with the	12697
permanency plan. The court may hold the hearing immediately	12698
following the determination under section 2151.419 of the Revised	12699
Code and shall hold it no later than thirty days after making that	12700
determination.	12701

(F) The court shall give notice of the review hearings held	12702
pursuant to this section to every interested party, including, but	12703
not limited to, the appropriate agency employees who are	12704
responsible for the child's care and planning, the child's	12705
parents, any person who had guardianship or legal custody of the	12706
child prior to the custody order, the child's guardian ad litem,	12707
and the child. The court shall summon every interested party to	12708
appear at the review hearing and give them an opportunity to	12709
testify and to present other evidence with respect to the child's	12710
custody arrangement, including, but not limited to, the following:	12711
the case plan for the child,; the permanency plan, if one exists;	12712
the actions taken by the child's custodian; the need for a change	12713
in the child's custodian or caseworker; and the need for any	12714
specific action to be taken with respect to the child. The court	12715
shall require any interested party to testify or present other	12716
evidence when necessary to a proper determination of the issues	12717
presented at the review hearing. In any review hearing that	12718
pertains to a permanency plan for a child who will not be returned	12719
to the parent, the court shall consider in-state and out-of-state	12720
placement options and the court shall determine whether the	12721
in-state or the out-of-state placement continues to be appropriate	12722
and in the best interests of the child. In any review hearing that	12723
pertains to a permanency plan for a child, the court or a citizens	12724
board appointed by the court pursuant to division (H) of this	12725
section shall consult with the child, in an age-appropriate	12726
manner, regarding the proposed permanency plan for the child.	12727

(G) After the review hearing, the court shall take the	12728
following actions based upon the evidence presented:	12729

(1) If an administrative review has been conducted, determine	12730
whether the conclusions of the review are supported by a	12731
preponderance of the evidence and approve or modify the case plan	12732
based upon that evidence;	12733

(2) If the hearing was held under division (C) or (E) of this	12734
section, approve a permanency plan for the child that specifies	12735
whether and, if applicable, when the child will be safely returned	12736
home or placed for adoption, for legal custody, or in a planned	12737
permanent living arrangement. A permanency plan approved after a	12738
hearing under division (E) of this section shall not include any	12739
provision requiring the child to be returned to the child's home.	12740

(3) If the child is in temporary custody, do all of the	12741
following:	12742

(a) Determine whether the child can and should be returned	12743
home with or without an order for protective supervision;	12744

(b) If the child can and should be returned home with or	12745
without an order for protective supervision, terminate the order	12746
for temporary custody;	12747

(c) If the child cannot or should not be returned home with	12748
an order for protective supervision, determine whether the agency	12749
currently with custody of the child should retain custody or	12750
whether another public children services agency, private child	12751
placing agency, or an individual should be given custody of the	12752
child.	12753

The court shall comply with section 2151.42 of the Revised	12754
Code in taking any action under this division.	12755

(4) If the child is in permanent custody, determine what	12756
actions are required by the custodial agency and of any other	12757
organizations or persons in order to facilitate an adoption of the	12758
child and make any appropriate orders with respect to the custody	12759
arrangement or conditions of the child, including, but not limited	12760
to, a transfer of permanent custody to another public children	12761
services agency or private child placing agency;	12762

(5) Journalize the terms of the updated case plan for the	12763
child.	12764

(H) The court may appoint a referee or a citizens review	12765
board to conduct the review hearings that the court is required by	12766
this section to conduct, subject to the review and approval by the	12767
court of any determinations made by the referee or citizens review	12768
board. If the court appoints a citizens review board to conduct	12769
the review hearings, the board shall consist of one member	12770
representing the general public and four members who are trained	12771
or experienced in the care or placement of children and have	12772
training or experience in the fields of medicine, psychology,	12773
social work, education, or any related field. Of the initial	12774
appointments to the board, two shall be for a term of one year,	12775
two shall be for a term of two years, and one shall be for a term	12776
of three years, with all the terms ending one year after the date	12777
on which the appointment was made. Thereafter, all terms of the	12778
board members shall be for three years and shall end on the same	12779
day of the same month of the year as did the term that they	12780
succeed. Any member appointed to fill a vacancy occurring prior to	12781
the expiration of the term for which the member's predecessor was	12782
appointed shall hold office for the remainder of the term.	12783

(I) A copy of the court's determination following any review	12784
hearing held pursuant to this section shall be sent to the	12785
custodial agency, the guardian ad litem of the child who is the	12786
subject of the review hearing, and, if that child is not the	12787
subject of a permanent commitment hearing, the parents of the	12788
child.	12789

(J) If the hearing held under this section takes the place of	12790
an administrative review that otherwise would have been held under	12791
section 2151.416 of the Revised Code, the court at the hearing	12792
held under this section shall do all of the following in addition	12793
to any other requirements of this section:	12794

(1) Determine the continued necessity for and the safety and	12795
appropriateness of the child's placement;	12796

(2) Determine the extent of compliance with the child's case	12797
plan;	12798

(3) Determine the extent of progress that has been made	12799
toward alleviating or mitigating the causes necessitating the	12800
child's placement in foster care;	12801

(4) Project a likely date by which the child may be safely	12802
returned home or placed for adoption or legal custody.	12803

(K)(1) Whenever the court is required to approve a permanency	12804
plan under this section or section 2151.415 of the Revised Code,	12805
the public children services agency or private child placing	12806
agency that filed the complaint in the case, has custody of the	12807
child, or will be given custody of the child shall develop a	12808
permanency plan for the child. The agency must file the plan with	12809
the court prior to the hearing under this section or section	12810
2151.415 of the Revised Code.	12811

(2) The permanency plan developed by the agency must specify	12812
whether and, if applicable, when the child will be safely returned	12813
home or placed for adoption or legal custody. If the agency	12814
determines that there is a compelling reason why returning the	12815
child home or placing the child for adoption or legal custody is	12816
not in the best interest of the child, the plan shall provide that	12817
the child will be placed in a planned permanent living	12818
arrangement. A permanency plan developed as a result of a	12819
determination made under division (A)(2) of section 2151.419 of	12820
the Revised Code may not include any provision requiring the child	12821
to be returned home.	12822

(3)(a) Whenever a court is required under this section or	12823
section 2151.415 or 2151.419 of the Revised Code to conduct a	12824
review hearing to approve a permanency plan, the court shall	12825
determine whether the agency required to develop the plan has made	12826
reasonable efforts to finalize it. If the court determines the	12827
agency has not made reasonable efforts to finalize the plan, the	12828
court shall issue an order finalizing a permanency plan requiring	12829
the agency to use reasonable efforts to do the following:	12830

(i) Place the child in a timely manner into a permanent	12831
placement;	12832

(ii) Complete whatever steps are necessary to finalize the	12833
permanent placement of the child.	12834

(b) In making reasonable efforts as required in division	12835
(K)(3)(a) of this section, the agency shall consider the child's	12836
health and safety as the paramount concern.	12837

Sec. 2151.421. (A)(1)(a) No person described in division	12838
(A)(1)(b) of this section who is acting in an official or	12839
professional capacity and knows, or has reasonable cause to	12840
suspect based on facts that would cause a reasonable person in a	12841
similar position to suspect, that a child under eighteen years of	12842
age or a mentally retarded, developmentally disabled, or	12843
physically impaired child under twenty-one years of age has	12844
suffered or faces a threat of suffering any physical or mental	12845
wound, injury, disability, or condition of a nature that	12846
reasonably indicates abuse or neglect of the child shall fail to	12847
immediately report that knowledge or reasonable cause to suspect	12848
to the entity or persons specified in this division. Except as	12849
provided in section 5120.173 of the Revised Code, the person	12850
making the report shall make it to the public children services	12851
agency or a municipal or county peace officer in the county in	12852
which the child resides or in which the abuse or neglect is	12853
occurring or has occurred. In the circumstances described in	12854
section 5120.173 of the Revised Code, the person making the report	12855
shall make it to the entity specified in that section.	12856

(b) Division (A)(1)(a) of this section applies to any person	12857
who is an attorney; physician, including a hospital intern or	12858
resident; dentist; podiatrist; practitioner of a limited branch of	12859
medicine as specified in section 4731.15 of the Revised Code;	12860
registered nurse; licensed practical nurse; visiting nurse; other	12861
health care professional; licensed psychologist; licensed school	12862
psychologist; independent marriage and family therapist or	12863
marriage and family therapist; speech pathologist or audiologist;	12864
coroner; administrator or employee of a child day-care center;	12865
administrator or employee of a residential camp or child day camp;	12866
administrator or employee of a certified child care agency or	12867
other public or private children services agency; school teacher;	12868
school employee; school authority; person engaged in social work	12869
or the practice of professional counseling; agent of a county	12870
humane society; person, other than a cleric, rendering spiritual	12871
treatment through prayer in accordance with the tenets of a	12872
well-recognized religion; employee of a county department of job	12873
and family services who is a professional and who works with	12874
children and families; superintendent or regional administrator	12875
employed by the department of youth services; superintendent,	12876
board member, or employee of a county board of developmental	12877
disabilities; investigative agent contracted with by a county	12878
board of developmental disabilities; employee of the department of	12879
developmental disabilities; employee of a facility or home that	12880
provides respite care in accordance with section 5123.171 of the	12881
Revised Code; employee of a home health agency; employee of an	12882
entity that provides homemaker services; a person performing the	12883
duties of an assessor pursuant to Chapter 3107. or 5103. of the	12884
Revised Code; or third party employed by a public children	12885
services agency to assist in providing child or family related	12886
services.	12887

(2) Except as provided in division (A)(3) of this section, an	12888
attorney or a physician is not required to make a report pursuant	12889
to division (A)(1) of this section concerning any communication	12890
the attorney or physician receives from a client or patient in an	12891
attorney-client or physician-patient relationship, if, in	12892
accordance with division (A) or (B) of section 2317.02 of the	12893
Revised Code, the attorney or physician could not testify with	12894
respect to that communication in a civil or criminal proceeding.	12895

(3) The client or patient in an attorney-client or	12896
physician-patient relationship described in division (A)(2) of	12897
this section is deemed to have waived any testimonial privilege	12898
under division (A) or (B) of section 2317.02 of the Revised Code	12899
with respect to any communication the attorney or physician	12900
receives from the client or patient in that attorney-client or	12901
physician-patient relationship, and the attorney or physician	12902
shall make a report pursuant to division (A)(1) of this section	12903
with respect to that communication, if all of the following apply:	12904

(a) The client or patient, at the time of the communication,	12905
is either a child under eighteen years of age or a mentally	12906
retarded, developmentally disabled, or physically impaired person	12907
under twenty-one years of age.	12908

(b) The attorney or physician knows, or has reasonable cause	12909
to suspect based on facts that would cause a reasonable person in	12910
similar position to suspect, as a result of the communication or	12911
any observations made during that communication, that the client	12912
or patient has suffered or faces a threat of suffering any	12913
physical or mental wound, injury, disability, or condition of a	12914
nature that reasonably indicates abuse or neglect of the client or	12915
patient.	12916

(c) The abuse or neglect does not arise out of the client's	12917
or patient's attempt to have an abortion without the notification	12918
of her parents, guardian, or custodian in accordance with section	12919
2151.85 of the Revised Code.	12920

(4)(a) No cleric and no person, other than a volunteer,	12921
designated by any church, religious society, or faith acting as a	12922
leader, official, or delegate on behalf of the church, religious	12923
society, or faith who is acting in an official or professional	12924
capacity, who knows, or has reasonable cause to believe based on	12925
facts that would cause a reasonable person in a similar position	12926
to believe, that a child under eighteen years of age or a mentally	12927
retarded, developmentally disabled, or physically impaired child	12928
under twenty-one years of age has suffered or faces a threat of	12929
suffering any physical or mental wound, injury, disability, or	12930
condition of a nature that reasonably indicates abuse or neglect	12931
of the child, and who knows, or has reasonable cause to believe	12932
based on facts that would cause a reasonable person in a similar	12933
position to believe, that another cleric or another person, other	12934
than a volunteer, designated by a church, religious society, or	12935
faith acting as a leader, official, or delegate on behalf of the	12936
church, religious society, or faith caused, or poses the threat of	12937
causing, the wound, injury, disability, or condition that	12938
reasonably indicates abuse or neglect shall fail to immediately	12939
report that knowledge or reasonable cause to believe to the entity	12940
or persons specified in this division. Except as provided in	12941
section 5120.173 of the Revised Code, the person making the report	12942
shall make it to the public children services agency or a	12943
municipal or county peace officer in the county in which the child	12944
resides or in which the abuse or neglect is occurring or has	12945
occurred. In the circumstances described in section 5120.173 of	12946
the Revised Code, the person making the report shall make it to	12947
the entity specified in that section.	12948

(b) Except as provided in division (A)(4)(c) of this section,	12949
a cleric is not required to make a report pursuant to division	12950
(A)(4)(a) of this section concerning any communication the cleric	12951
receives from a penitent in a cleric-penitent relationship, if, in	12952
accordance with division (C) of section 2317.02 of the Revised	12953
Code, the cleric could not testify with respect to that	12954
communication in a civil or criminal proceeding.	12955

(c) The penitent in a cleric-penitent relationship described	12956
in division (A)(4)(b) of this section is deemed to have waived any	12957
testimonial privilege under division (C) of section 2317.02 of the	12958
Revised Code with respect to any communication the cleric receives	12959
from the penitent in that cleric-penitent relationship, and the	12960
cleric shall make a report pursuant to division (A)(4)(a) of this	12961
section with respect to that communication, if all of the	12962
following apply:	12963

(i) The penitent, at the time of the communication, is either	12964
a child under eighteen years of age or a mentally retarded,	12965
developmentally disabled, or physically impaired person under	12966
twenty-one years of age.	12967

(ii) The cleric knows, or has reasonable cause to believe	12968
based on facts that would cause a reasonable person in a similar	12969
position to believe, as a result of the communication or any	12970
observations made during that communication, the penitent has	12971
suffered or faces a threat of suffering any physical or mental	12972
wound, injury, disability, or condition of a nature that	12973
reasonably indicates abuse or neglect of the penitent.	12974

(iii) The abuse or neglect does not arise out of the	12975
penitent's attempt to have an abortion performed upon a child	12976
under eighteen years of age or upon a mentally retarded,	12977
developmentally disabled, or physically impaired person under	12978
twenty-one years of age without the notification of her parents,	12979
guardian, or custodian in accordance with section 2151.85 of the	12980
Revised Code.	12981

(d) Divisions (A)(4)(a) and (c) of this section do not apply	12982
in a cleric-penitent relationship when the disclosure of any	12983
communication the cleric receives from the penitent is in	12984
violation of the sacred trust.	12985

(e) As used in divisions (A)(1) and (4) of this section,	12986
"cleric" and "sacred trust" have the same meanings as in section	12987
2317.02 of the Revised Code.	12988

(B) Anyone who knows, or has reasonable cause to suspect	12989
based on facts that would cause a reasonable person in similar	12990
circumstances to suspect, that a child under eighteen years of age	12991
or a mentally retarded, developmentally disabled, or physically	12992
impaired person under twenty-one years of age has suffered or	12993
faces a threat of suffering any physical or mental wound, injury,	12994
disability, or other condition of a nature that reasonably	12995
indicates abuse or neglect of the child may report or cause	12996
reports to be made of that knowledge or reasonable cause to	12997
suspect to the entity or persons specified in this division.	12998
Except as provided in section 5120.173 of the Revised Code, a	12999
person making a report or causing a report to be made under this	13000
division shall make it or cause it to be made to the public	13001
children services agency or to a municipal or county peace	13002
officer. In the circumstances described in section 5120.173 of the	13003
Revised Code, a person making a report or causing a report to be	13004
made under this division shall make it or cause it to be made to	13005
the entity specified in that section.	13006

(C) Any report made pursuant to division (A) or (B) of this	13007
section shall be made forthwith either by telephone or in person	13008
and shall be followed by a written report, if requested by the	13009
receiving agency or officer. The written report shall contain:	13010

(1) The names and addresses of the child and the child's	13011
parents or the person or persons having custody of the child, if	13012
known;	13013

(2) The child's age and the nature and extent of the child's	13014
injuries, abuse, or neglect that is known or reasonably suspected	13015
or believed, as applicable, to have occurred or of the threat of	13016
injury, abuse, or neglect that is known or reasonably suspected or	13017
believed, as applicable, to exist, including any evidence of	13018
previous injuries, abuse, or neglect;	13019

(3) Any other information that might be helpful in	13020
establishing the cause of the injury, abuse, or neglect that is	13021
known or reasonably suspected or believed, as applicable, to have	13022
occurred or of the threat of injury, abuse, or neglect that is	13023
known or reasonably suspected or believed, as applicable, to	13024
exist.	13025

Any person, who is required by division (A) of this section	13026
to report child abuse or child neglect that is known or reasonably	13027
suspected or believed to have occurred, may take or cause to be	13028
taken color photographs of areas of trauma visible on a child and,	13029
if medically indicated, cause to be performed radiological	13030
examinations of the child.	13031

(D) As used in this division, "children's advocacy center"	13032
and "sexual abuse of a child" have the same meanings as in section	13033
2151.425 of the Revised Code.	13034

(1) When a municipal or county peace officer receives a	13035
report concerning the possible abuse or neglect of a child or the	13036
possible threat of abuse or neglect of a child, upon receipt of	13037
the report, the municipal or county peace officer who receives the	13038
report shall refer the report to the appropriate public children	13039
services agency.	13040

(2) When a public children services agency receives a report	13041
pursuant to this division or division (A) or (B) of this section,	13042
upon receipt of the report, the public children services agency	13043
shall do both of the following:	13044

(a) Comply with section 2151.422 of the Revised Code;

13045

(b) If the county served by the agency is also served by a	13046
children's advocacy center and the report alleges sexual abuse of	13047
a child or another type of abuse of a child that is specified in	13048
the memorandum of understanding that creates the center as being	13049
within the center's jurisdiction, comply regarding the report with	13050
the protocol and procedures for referrals and investigations, with	13051
the coordinating activities, and with the authority or	13052
responsibility for performing or providing functions, activities,	13053
and services stipulated in the interagency agreement entered into	13054
under section 2151.428 of the Revised Code relative to that	13055
center.	13056

(E) No township, municipal, or county peace officer shall	13057
remove a child about whom a report is made pursuant to this	13058
section from the child's parents, stepparents, or guardian or any	13059
other persons having custody of the child without consultation	13060
with the public children services agency, unless, in the judgment	13061
of the officer, and, if the report was made by physician, the	13062
physician, immediate removal is considered essential to protect	13063
the child from further abuse or neglect. The agency that must be	13064
consulted shall be the agency conducting the investigation of the	13065
report as determined pursuant to section 2151.422 of the Revised	13066
Code.	13067

(F)(1) Except as provided in section 2151.422 of the Revised	13068
Code or in an interagency agreement entered into under section	13069
2151.428 of the Revised Code that applies to the particular	13070
report, the public children services agency shall investigate,	13071
within twenty-four hours, each report of child abuse or child	13072
neglect that is known or reasonably suspected or believed to have	13073
occurred and of a threat of child abuse or child neglect that is	13074
known or reasonably suspected or believed to exist that is	13075
referred to it under this section to determine the circumstances	13076
surrounding the injuries, abuse, or neglect or the threat of	13077
injury, abuse, or neglect, the cause of the injuries, abuse,	13078
neglect, or threat, and the person or persons responsible. The	13079
investigation shall be made in cooperation with the law	13080
enforcement agency and in accordance with the memorandum of	13081
understanding prepared under division (J) of this section. A	13082
representative of the public children services agency shall, at	13083
the time of initial contact with the person subject to the	13084
investigation, inform the person of the specific complaints or	13085
allegations made against the person. The information shall be	13086
given in a manner that is consistent with division (H)(1) of this	13087
section and protects the rights of the person making the report	13088
under this section.	13089

A failure to make the investigation in accordance with the	13090
memorandum is not grounds for, and shall not result in, the	13091
dismissal of any charges or complaint arising from the report or	13092
the suppression of any evidence obtained as a result of the report	13093
and does not give, and shall not be construed as giving, any	13094
rights or any grounds for appeal or post-conviction relief to any	13095
person. The public children services agency shall report each case	13096
to the uniform statewide automated child welfare information	13097
system that the department of job and family services shall	13098
maintain in accordance with section 5101.13 of the Revised Code.	13099
The public children services agency shall submit a report of its	13100
investigation, in writing, to the law enforcement agency.	13101

(2) The public children services agency shall make any	13102
recommendations to the county prosecuting attorney or city	13103
director of law that it considers necessary to protect any	13104
children that are brought to its attention.	13105

(G)(1)(a) Except as provided in division (H)(3) of this	13106
section, anyone or any hospital, institution, school, health	13107
department, or agency participating in the making of reports under	13108
division (A) of this section, anyone or any hospital, institution,	13109
school, health department, or agency participating in good faith	13110
in the making of reports under division (B) of this section, and	13111
anyone participating in good faith in a judicial proceeding	13112
resulting from the reports, shall be immune from any civil or	13113
criminal liability for injury, death, or loss to person or	13114
property that otherwise might be incurred or imposed as a result	13115
of the making of the reports or the participation in the judicial	13116
proceeding.	13117

(b) Notwithstanding section 4731.22 of the Revised Code, the	13118
physician-patient privilege shall not be a ground for excluding	13119
evidence regarding a child's injuries, abuse, or neglect, or the	13120
cause of the injuries, abuse, or neglect in any judicial	13121
proceeding resulting from a report submitted pursuant to this	13122
section.	13123

(2) In any civil or criminal action or proceeding in which it	13124
is alleged and proved that participation in the making of a report	13125
under this section was not in good faith or participation in a	13126
judicial proceeding resulting from a report made under this	13127
section was not in good faith, the court shall award the	13128
prevailing party reasonable attorney's fees and costs and, if a	13129
civil action or proceeding is voluntarily dismissed, may award	13130
reasonable attorney's fees and costs to the party against whom the	13131
civil action or proceeding is brought.	13132

(H)(1) Except as provided in divisions (H)(4) and (N) of this	13133
section, a report made under this section is confidential. The	13134
information provided in a report made pursuant to this section and	13135
the name of the person who made the report shall not be released	13136
for use, and shall not be used, as evidence in any civil action or	13137
proceeding brought against the person who made the report. Nothing	13138
in this division shall preclude the use of reports of other	13139
incidents of known or suspected abuse or neglect in a civil action	13140
or proceeding brought pursuant to division (M) of this section	13141
against a person who is alleged to have violated division (A)(1)	13142
of this section, provided that any information in a report that	13143
would identify the child who is the subject of the report or the	13144
maker of the report, if the maker of the report is not the	13145
defendant or an agent or employee of the defendant, has been	13146
redacted. In a criminal proceeding, the report is admissible in	13147
evidence in accordance with the Rules of Evidence and is subject	13148
to discovery in accordance with the Rules of Criminal Procedure.	13149

(2) No person shall permit or encourage the unauthorized	13150
dissemination of the contents of any report made under this	13151
section.	13152

(3) A person who knowingly makes or causes another person to	13153
make a false report under division (B) of this section that	13154
alleges that any person has committed an act or omission that	13155
resulted in a child being an abused child or a neglected child is	13156
guilty of a violation of section 2921.14 of the Revised Code.	13157

(4) If a report is made pursuant to division (A) or (B) of	13158
this section and the child who is the subject of the report dies	13159
for any reason at any time after the report is made, but before	13160
the child attains eighteen years of age, the public children	13161
services agency or municipal or county peace officer to which the	13162
report was made or referred, on the request of the child fatality	13163
review board, shall submit a summary sheet of information	13164
providing a summary of the report to the review board of the	13165
county in which the deceased child resided at the time of death.	13166
On the request of the review board, the agency or peace officer	13167
may, at its discretion, make the report available to the review	13168
board. If the county served by the public children services agency	13169
is also served by a children's advocacy center and the report of	13170
alleged sexual abuse of a child or another type of abuse of a	13171
child is specified in the memorandum of understanding that creates	13172
the center as being within the center's jurisdiction, the agency	13173
or center shall perform the duties and functions specified in this	13174
division in accordance with the interagency agreement entered into	13175
under section 2151.428 of the Revised Code relative to that	13176
advocacy center.	13177

(5) A public children services agency shall advise a person	13178
alleged to have inflicted abuse or neglect on a child who is the	13179
subject of a report made pursuant to this section, including a	13180
report alleging sexual abuse of a child or another type of abuse	13181
of a child referred to a children's advocacy center pursuant to an	13182
interagency agreement entered into under section 2151.428 of the	13183
Revised Code, in writing of the disposition of the investigation.	13184
The agency shall not provide to the person any information that	13185
identifies the person who made the report, statements of	13186
witnesses, or police or other investigative reports.	13187

(I) Any report that is required by this section, other than a	13188
report that is made to the state highway patrol as described in	13189
section 5120.173 of the Revised Code, shall result in protective	13190
services and emergency supportive services being made available by	13191
the public children services agency on behalf of the children	13192
about whom the report is made, in an effort to prevent further	13193
neglect or abuse, to enhance their welfare, and, whenever	13194
possible, to preserve the family unit intact. The agency required	13195
to provide the services shall be the agency conducting the	13196
investigation of the report pursuant to section 2151.422 of the	13197
Revised Code.	13198

(J)(1) Each public children services agency shall prepare a	13199
memorandum of understanding that is signed by all of the	13200
following:	13201

(a) If there is only one juvenile judge in the county, the	13202
juvenile judge of the county or the juvenile judge's	13203
representative;	13204

(b) If there is more than one juvenile judge in the county, a	13205
juvenile judge or the juvenile judges' representative selected by	13206
the juvenile judges or, if they are unable to do so for any	13207
reason, the juvenile judge who is senior in point of service or	13208
the senior juvenile judge's representative;	13209

13210

(d) All chief municipal peace officers within the county;

13211

(e) Other law enforcement officers handling child abuse and	13212
neglect cases in the county;	13213

(f) The prosecuting attorney of the county;

13214

(g) If the public children services agency is not the county	13215
department of job and family services, the county department of	13216
job and family services;	13217

(h) The county humane society;

13218

(i) If the public children services agency participated in	13219
the execution of a memorandum of understanding under section	13220
2151.426 of the Revised Code establishing a children's advocacy	13221
center, each participating member of the children's advocacy	13222
center established by the memorandum.	13223

(2) A memorandum of understanding shall set forth the normal	13224
operating procedure to be employed by all concerned officials in	13225
the execution of their respective responsibilities under this	13226
section and division (C) of section 2919.21, division (B)(1) of	13227
section 2919.22, division (B) of section 2919.23, and section	13228
2919.24 of the Revised Code and shall have as two of its primary	13229
goals the elimination of all unnecessary interviews of children	13230
who are the subject of reports made pursuant to division (A) or	13231
(B) of this section and, when feasible, providing for only one	13232
interview of a child who is the subject of any report made	13233
pursuant to division (A) or (B) of this section. A failure to	13234
follow the procedure set forth in the memorandum by the concerned	13235
officials is not grounds for, and shall not result in, the	13236
dismissal of any charges or complaint arising from any reported	13237
case of abuse or neglect or the suppression of any evidence	13238
obtained as a result of any reported child abuse or child neglect	13239
and does not give, and shall not be construed as giving, any	13240
rights or any grounds for appeal or post-conviction relief to any	13241
person.	13242

(3) A memorandum of understanding shall include all of the	13243
following:	13244

(a) The roles and responsibilities for handling emergency and	13245
nonemergency cases of abuse and neglect;	13246

(b) Standards and procedures to be used in handling and	13247
coordinating investigations of reported cases of child abuse and	13248
reported cases of child neglect, methods to be used in	13249
interviewing the child who is the subject of the report and who	13250
allegedly was abused or neglected, and standards and procedures	13251
addressing the categories of persons who may interview the child	13252
who is the subject of the report and who allegedly was abused or	13253
neglected.	13254

(4) If a public children services agency participated in the	13255
execution of a memorandum of understanding under section 2151.426	13256
of the Revised Code establishing a children's advocacy center, the	13257
agency shall incorporate the contents of that memorandum in the	13258
memorandum prepared pursuant to this section.	13259

(5) The clerk of the court of common pleas in the county may	13260
sign the memorandum of understanding prepared under division	13261
(J)(1) of this section. If the clerk signs the memorandum of	13262
understanding, the clerk shall execute all relevant	13263
responsibilities as required of officials specified in the	13264
memorandum.	13265

(K)(1) Except as provided in division (K)(4) of this section,	13266
a person who is required to make a report pursuant to division (A)	13267
of this section may make a reasonable number of requests of the	13268
public children services agency that receives or is referred the	13269
report, or of the children's advocacy center that is referred the	13270
report if the report is referred to a children's advocacy center	13271
pursuant to an interagency agreement entered into under section	13272
2151.428 of the Revised Code, to be provided with the following	13273
information:	13274

(a) Whether the agency or center has initiated an	13275
investigation of the report;	13276

(b) Whether the agency or center is continuing to investigate	13277
the report;	13278

(c) Whether the agency or center is otherwise involved with	13279
the child who is the subject of the report;	13280

(d) The general status of the health and safety of the child	13281
who is the subject of the report;	13282

(e) Whether the report has resulted in the filing of a	13283
complaint in juvenile court or of criminal charges in another	13284
court.	13285

(2) A person may request the information specified in	13286
division (K)(1) of this section only if, at the time the report is	13287
made, the person's name, address, and telephone number are	13288
provided to the person who receives the report.	13289

When a municipal or county peace officer or employee of a	13290
public children services agency receives a report pursuant to	13291
division (A) or (B) of this section the recipient of the report	13292
shall inform the person of the right to request the information	13293
described in division (K)(1) of this section. The recipient of the	13294
report shall include in the initial child abuse or child neglect	13295
report that the person making the report was so informed and, if	13296
provided at the time of the making of the report, shall include	13297
the person's name, address, and telephone number in the report.	13298

Each request is subject to verification of the identity of	13299
the person making the report. If that person's identity is	13300
verified, the agency shall provide the person with the information	13301
described in division (K)(1) of this section a reasonable number	13302
of times, except that the agency shall not disclose any	13303
confidential information regarding the child who is the subject of	13304
the report other than the information described in those	13305
divisions.	13306

(3) A request made pursuant to division (K)(1) of this	13307
section is not a substitute for any report required to be made	13308
pursuant to division (A) of this section.	13309

(4) If an agency other than the agency that received or was	13310
referred the report is conducting the investigation of the report	13311
pursuant to section 2151.422 of the Revised Code, the agency	13312
conducting the investigation shall comply with the requirements of	13313
division (K) of this section.	13314

(L) The director of job and family services shall adopt rules	13315
in accordance with Chapter 119. of the Revised Code to implement	13316
this section. The department of job and family services may enter	13317
into a plan of cooperation with any other governmental entity to	13318
aid in ensuring that children are protected from abuse and	13319
neglect. The department shall make recommendations to the attorney	13320
general that the department determines are necessary to protect	13321
children from child abuse and child neglect.	13322

(M) Whoever violates division (A) of this section is liable	13323
for compensatory and exemplary damages to the child who would have	13324
been the subject of the report that was not made. A person who	13325
brings a civil action or proceeding pursuant to this division	13326
against a person who is alleged to have violated division (A)(1)	13327
of this section may use in the action or proceeding reports of	13328
other incidents of known or suspected abuse or neglect, provided	13329
that any information in a report that would identify the child who	13330
is the subject of the report or the maker of the report, if the	13331
maker is not the defendant or an agent or employee of the	13332
defendant, has been redacted.	13333

(N)(1) As used in this division:

13334

(a) "Out-of-home care" includes a nonchartered nonpublic	13335
school if the alleged child abuse or child neglect, or alleged	13336
threat of child abuse or child neglect, described in a report	13337
received by a public children services agency allegedly occurred	13338
in or involved the nonchartered nonpublic school and the alleged	13339
perpetrator named in the report holds a certificate, permit, or	13340
license issued by the state board of education under section	13341
3301.071 or Chapter 3319. of the Revised Code.	13342

(b) "Administrator, director, or other chief administrative	13343
officer" means the superintendent of the school district if the	13344
out-of-home care entity subject to a report made pursuant to this	13345
section is a school operated by the district.	13346

(2) No later than the end of the day following the day on	13347
which a public children services agency receives a report of	13348
alleged child abuse or child neglect, or a report of an alleged	13349
threat of child abuse or child neglect, that allegedly occurred in	13350
or involved an out-of-home care entity, the agency shall provide	13351
written notice of the allegations contained in and the person	13352
named as the alleged perpetrator in the report to the	13353
administrator, director, or other chief administrative officer of	13354
the out-of-home care entity that is the subject of the report	13355
unless the administrator, director, or other chief administrative	13356
officer is named as an alleged perpetrator in the report. If the	13357
administrator, director, or other chief administrative officer of	13358
an out-of-home care entity is named as an alleged perpetrator in a	13359
report of alleged child abuse or child neglect, or a report of an	13360
alleged threat of child abuse or child neglect, that allegedly	13361
occurred in or involved the out-of-home care entity, the agency	13362
shall provide the written notice to the owner or governing board	13363
of the out-of-home care entity that is the subject of the report.	13364
The agency shall not provide witness statements or police or other	13365
investigative reports.	13366

(3) No later than three days after the day on which a public	13367
children services agency that conducted the investigation as	13368
determined pursuant to section 2151.422 of the Revised Code makes	13369
a disposition of an investigation involving a report of alleged	13370
child abuse or child neglect, or a report of an alleged threat of	13371
child abuse or child neglect, that allegedly occurred in or	13372
involved an out-of-home care entity, the agency shall send written	13373
notice of the disposition of the investigation to the	13374
administrator, director, or other chief administrative officer and	13375
the owner or governing board of the out-of-home care entity. The	13376
agency shall not provide witness statements or police or other	13377
investigative reports.	13378

(O) As used in this section, "investigation" means the public	13379
children services agency's response to an accepted report of child	13380
abuse or neglect through either an alternative response or a	13381
traditional response.	13382

Sec. 2152.19. (A) If a child is adjudicated a delinquent	13383
child, the court may make any of the following orders of	13384
disposition, in addition to any other disposition authorized or	13385
required by this chapter:	13386

(1) Any order that is authorized by section 2151.353 of the	13387
Revised Code for the care and protection of an abused, neglected,	13388
or dependent child;	13389

(2) Commit the child to the temporary custody of any school,	13390
camp, institution, or other facility operated for the care of	13391
delinquent children by the county, by a district organized under	13392
section 2152.41 or 2151.65 of the Revised Code, or by a private	13393
agency or organization, within or without the state, that is	13394
authorized and qualified to provide the care, treatment, or	13395
placement required, including, but not limited to, a school, camp,	13396
or facility operated under section 2151.65 of the Revised Code;	13397

(3) Place the child in a detention facility or district	13398
detention facility operated under section 2152.41 of the Revised	13399
Code, for up to ninety days;	13400

(4) Place the child on community control under any sanctions,	13401
services, and conditions that the court prescribes. As a condition	13402
of community control in every case and in addition to any other	13403
condition that it imposes upon the child, the court shall require	13404
the child to abide by the law during the period of community	13405
control. As referred to in this division, community control	13406
includes, but is not limited to, the following sanctions and	13407
conditions:	13408

(a) A period of basic probation supervision in which the	13409
child is required to maintain contact with a person appointed to	13410
supervise the child in accordance with sanctions imposed by the	13411
court;	13412

(b) A period of intensive probation supervision in which the	13413
child is required to maintain frequent contact with a person	13414
appointed by the court to supervise the child while the child is	13415
seeking or maintaining employment and participating in training,	13416
education, and treatment programs as the order of disposition;	13417

(c) A period of day reporting in which the child is required	13418
each day to report to and leave a center or another approved	13419
reporting location at specified times in order to participate in	13420
work, education or training, treatment, and other approved	13421
programs at the center or outside the center;	13422

(d) A period of community service of up to five hundred hours	13423
for an act that would be a felony or a misdemeanor of the first	13424
degree if committed by an adult, up to two hundred hours for an	13425
act that would be a misdemeanor of the second, third, or fourth	13426
degree if committed by an adult, or up to thirty hours for an act	13427
that would be a minor misdemeanor if committed by an adult;	13428

(e) A requirement that the child obtain a high school	13429
diploma, a certificate of high school equivalence, vocational	13430
training, or employment;	13431

(f) A period of drug and alcohol use monitoring;

13432

(g) A requirement of alcohol or drug assessment or	13433
counseling, or a period in an alcohol or drug treatment program	13434
with a level of security for the child as determined necessary by	13435
the court;	13436

(h) A period in which the court orders the child to observe a	13437
curfew that may involve daytime or evening hours;	13438

(i) A requirement that the child serve monitored time;

13439

(j) A period of house arrest without electronic monitoring or	13440
continuous alcohol monitoring;	13441

(k) A period of electronic monitoring or continuous alcohol	13442
monitoring without house arrest, or house arrest with electronic	13443
monitoring or continuous alcohol monitoring or both electronic	13444
monitoring and continuous alcohol monitoring, that does not exceed	13445
the maximum sentence of imprisonment that could be imposed upon an	13446
adult who commits the same act.	13447

A period of house arrest with electronic monitoring or	13448
continuous alcohol monitoring or both electronic monitoring and	13449
continuous alcohol monitoring, imposed under this division shall	13450
not extend beyond the child's twenty-first birthday. If a court	13451
imposes a period of house arrest with electronic monitoring or	13452
continuous alcohol monitoring or both electronic monitoring and	13453
continuous alcohol monitoring, upon a child under this division,	13454
it shall require the child: to remain in the child's home or other	13455
specified premises for the entire period of house arrest with	13456
electronic monitoring or continuous alcohol monitoring or both	13457
except when the court permits the child to leave those premises to	13458
go to school or to other specified premises. Regarding electronic	13459
monitoring, the court also shall require the child to be monitored	13460
by a central system that can determine the child's location at	13461
designated times; to report periodically to a person designated by	13462
the court; and to enter into a written contract with the court	13463
agreeing to comply with all requirements imposed by the court,	13464
agreeing to pay any fee imposed by the court for the costs of the	13465
house arrest with electronic monitoring, and agreeing to waive the	13466
right to receive credit for any time served on house arrest with	13467
electronic monitoring toward the period of any other dispositional	13468
order imposed upon the child if the child violates any of the	13469
requirements of the dispositional order of house arrest with	13470
electronic monitoring. The court also may impose other reasonable	13471
requirements upon the child.	13472

Unless ordered by the court, a child shall not receive credit	13473
for any time served on house arrest with electronic monitoring or	13474
continuous alcohol monitoring or both toward any other	13475
dispositional order imposed upon the child for the act for which	13476
was imposed the dispositional order of house arrest with	13477
electronic monitoring or continuous alcohol monitoring. As used in	13478
this division and division (A)(4)(l) of this section, "continuous	13479
alcohol monitoring" has the same meaning as in section 2929.01 of	13480
the Revised Code.	13481

(l) A suspension of the driver's license, probationary	13482
driver's license, or temporary instruction permit issued to the	13483
child for a period of time prescribed by the court, or a	13484
suspension of the registration of all motor vehicles registered in	13485
the name of the child for a period of time prescribed by the	13486
court. A child whose license or permit is so suspended is	13487
ineligible for issuance of a license or permit during the period	13488
of suspension. At the end of the period of suspension, the child	13489
shall not be reissued a license or permit until the child has paid	13490
any applicable reinstatement fee and complied with all	13491
requirements governing license reinstatement.	13492

(5) Commit the child to the custody of the court;

13493

(6) Require the child to not be absent without legitimate	13494
excuse from the public school the child is supposed to attend for	13495
five or more consecutive days, seven or more school days in one	13496
school month, or twelve or more school days in a school year;	13497

(7)(a) If a child is adjudicated a delinquent child for being	13498
a chronic truant or a habitual truant who previously has been	13499
adjudicated an unruly child for being a habitual truant, do either	13500
or both of the following:	13501

(i) Require the child to participate in a truancy prevention	13502
mediation program;	13503

(ii) Make any order of disposition as authorized by this	13504
section, except that the court shall not commit the child to a	13505
facility described in division (A)(2) or (3) of this section	13506
unless the court determines that the child violated a lawful court	13507
order made pursuant to division (C)(1)(e) of section 2151.354 of	13508
the Revised Code or division (A)(6) of this section.	13509

(b) If a child is adjudicated a delinquent child for being a	13510
chronic truant or a habitual truant who previously has been	13511
adjudicated an unruly child for being a habitual truant and the	13512
court determines that the parent, guardian, or other person having	13513
care of the child has failed to cause the child's attendance at	13514
school in violation of section 3321.38 of the Revised Code, do	13515
either or both of the following:	13516

(i) Require the parent, guardian, or other person having care	13517
of the child to participate in a truancy prevention mediation	13518
program;	13519

(ii) Require the parent, guardian, or other person having	13520
care of the child to participate in any community service program,	13521
preferably a community service program that requires the	13522
involvement of the parent, guardian, or other person having care	13523
of the child in the school attended by the child.	13524

(8) Make any further disposition that the court finds proper,	13525
except that the child shall not be placed in ~~any of the following:~~	13526

~~(a) A~~a state correctional institution, a county,	13527
multicounty, or municipal jail or workhouse, or another place in	13528
which an adult convicted of a crime, under arrest, or charged with	13529
a crime is held;	13530

~~(b) A community corrections facility, if the child would be~~	13531
~~covered by the definition of public safety beds for purposes of~~	13532
~~sections 5139.41 to 5139.43 of the Revised Code if the court~~	13533
~~exercised its authority to commit the child to the legal custody~~	13534
~~of the department of youth services for institutionalization or~~	13535
~~institutionalization in a secure facility pursuant to this~~	13536
~~chapter~~.	13537

(B) If a child is adjudicated a delinquent child, in addition	13538
to any order of disposition made under division (A) of this	13539
section, the court, in the following situations and for the	13540
specified periods of time, shall suspend the child's temporary	13541
instruction permit, restricted license, probationary driver's	13542
license, or nonresident operating privilege, or suspend the	13543
child's ability to obtain such a permit:	13544

(1) If the child is adjudicated a delinquent child for	13545
violating section 2923.122 of the Revised Code, impose a class	13546
four suspension of the child's license, permit, or privilege from	13547
the range specified in division (A)(4) of section 4510.02 of the	13548
Revised Code or deny the child the issuance of a license or permit	13549
in accordance with division (F)(1) of section 2923.122 of the	13550
Revised Code.	13551

(2) If the child is adjudicated a delinquent child for	13552
committing an act that if committed by an adult would be a drug	13553
abuse offense or for violating division (B) of section 2917.11 of	13554
the Revised Code, suspend the child's license, permit, or	13555
privilege for a period of time prescribed by the court. The court,	13556
in its discretion, may terminate the suspension if the child	13557
attends and satisfactorily completes a drug abuse or alcohol abuse	13558
education, intervention, or treatment program specified by the	13559
court. During the time the child is attending a program described	13560
in this division, the court shall retain the child's temporary	13561
instruction permit, probationary driver's license, or driver's	13562
license, and the court shall return the permit or license if it	13563
terminates the suspension as described in this division.	13564

(C) The court may establish a victim-offender mediation	13565
program in which victims and their offenders meet to discuss the	13566
offense and suggest possible restitution. If the court obtains the	13567
assent of the victim of the delinquent act committed by the child,	13568
the court may require the child to participate in the program.	13569

(D)(1) If a child is adjudicated a delinquent child for	13570
committing an act that would be a felony if committed by an adult	13571
and if the child caused, attempted to cause, threatened to cause,	13572
or created a risk of physical harm to the victim of the act, the	13573
court, prior to issuing an order of disposition under this	13574
section, shall order the preparation of a victim impact statement	13575
by the probation department of the county in which the victim of	13576
the act resides, by the court's own probation department, or by a	13577
victim assistance program that is operated by the state, a county,	13578
a municipal corporation, or another governmental entity. The court	13579
shall consider the victim impact statement in determining the	13580
order of disposition to issue for the child.	13581

(2) Each victim impact statement shall identify the victim of	13582
the act for which the child was adjudicated a delinquent child,	13583
itemize any economic loss suffered by the victim as a result of	13584
the act, identify any physical injury suffered by the victim as a	13585
result of the act and the seriousness and permanence of the	13586
injury, identify any change in the victim's personal welfare or	13587
familial relationships as a result of the act and any	13588
psychological impact experienced by the victim or the victim's	13589
family as a result of the act, and contain any other information	13590
related to the impact of the act upon the victim that the court	13591
requires.	13592

(3) A victim impact statement shall be kept confidential and	13593
is not a public record. However, the court may furnish copies of	13594
the statement to the department of youth services if the	13595
delinquent child is committed to the department or to both the	13596
adjudicated delinquent child or the adjudicated delinquent child's	13597
counsel and the prosecuting attorney. The copy of a victim impact	13598
statement furnished by the court to the department pursuant to	13599
this section shall be kept confidential and is not a public	13600
record. If an officer is preparing pursuant to section 2947.06 or	13601
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	13602
investigation report pertaining to a person, the court shall make	13603
available to the officer, for use in preparing the report, a copy	13604
of any victim impact statement regarding that person. The copies	13605
of a victim impact statement that are made available to the	13606
adjudicated delinquent child or the adjudicated delinquent child's	13607
counsel and the prosecuting attorney pursuant to this division	13608
shall be returned to the court by the person to whom they were	13609
made available immediately following the imposition of an order of	13610
disposition for the child under this chapter.	13611

The copy of a victim impact statement that is made available	13612
pursuant to this division to an officer preparing a criminal	13613
presentence investigation report shall be returned to the court by	13614
the officer immediately following its use in preparing the report.	13615

(4) The department of youth services shall work with local	13616
probation departments and victim assistance programs to develop a	13617
standard victim impact statement.	13618

(E) If a child is adjudicated a delinquent child for being a	13619
chronic truant or a habitual truant who previously has been	13620
adjudicated an unruly child for being a habitual truant and the	13621
court determines that the parent, guardian, or other person having	13622
care of the child has failed to cause the child's attendance at	13623
school in violation of section 3321.38 of the Revised Code, in	13624
addition to any order of disposition it makes under this section,	13625
the court shall warn the parent, guardian, or other person having	13626
care of the child that any subsequent adjudication of the child as	13627
an unruly or delinquent child for being a habitual or chronic	13628
truant may result in a criminal charge against the parent,	13629
guardian, or other person having care of the child for a violation	13630
of division (C) of section 2919.21 or section 2919.24 of the	13631
Revised Code.	13632

(F)(1) During the period of a delinquent child's community	13633
control granted under this section, authorized probation officers	13634
who are engaged within the scope of their supervisory duties or	13635
responsibilities may search, with or without a warrant, the person	13636
of the delinquent child, the place of residence of the delinquent	13637
child, and a motor vehicle, another item of tangible or intangible	13638
personal property, or other real property in which the delinquent	13639
child has a right, title, or interest or for which the delinquent	13640
child has the express or implied permission of a person with a	13641
right, title, or interest to use, occupy, or possess if the	13642
probation officers have reasonable grounds to believe that the	13643
delinquent child is not abiding by the law or otherwise is not	13644
complying with the conditions of the delinquent child's community	13645
control. The court that places a delinquent child on community	13646
control under this section shall provide the delinquent child with	13647
a written notice that informs the delinquent child that authorized	13648
probation officers who are engaged within the scope of their	13649
supervisory duties or responsibilities may conduct those types of	13650
searches during the period of community control if they have	13651
reasonable grounds to believe that the delinquent child is not	13652
abiding by the law or otherwise is not complying with the	13653
conditions of the delinquent child's community control. The court	13654
also shall provide the written notice described in division (E)(2)	13655
of this section to each parent, guardian, or custodian of the	13656
delinquent child who is described in that division.	13657

(2) The court that places a child on community control under	13658
this section shall provide the child's parent, guardian, or other	13659
custodian with a written notice that informs them that authorized	13660
probation officers may conduct searches pursuant to division	13661
(E)(1) of this section. The notice shall specifically state that a	13662
permissible search might extend to a motor vehicle, another item	13663
of tangible or intangible personal property, or a place of	13664
residence or other real property in which a notified parent,	13665
guardian, or custodian has a right, title, or interest and that	13666
the parent, guardian, or custodian expressly or impliedly permits	13667
the child to use, occupy, or possess.	13668

(G) If a juvenile court commits a delinquent child to the	13669
custody of any person, organization, or entity pursuant to this	13670
section and if the delinquent act for which the child is so	13671
committed is a sexually oriented offense or is a child-victim	13672
oriented offense, the court in the order of disposition shall do	13673
one of the following:	13674

(1) Require that the child be provided treatment as described	13675
in division (A)(2) of section 5139.13 of the Revised Code;	13676

(2) Inform the person, organization, or entity that it is the	13677
preferred course of action in this state that the child be	13678
provided treatment as described in division (A)(2) of section	13679
5139.13 of the Revised Code and encourage the person,	13680
organization, or entity to provide that treatment.	13681

Sec. 2305.25. As used in this section and sections 2305.251	13682
to 2305.253 of the Revised Code:	13683

(A)(1) "Health care entity" means an entity, whether acting	13684
on its own behalf or on behalf of or in affiliation with other	13685
health care entities, that conducts as part of its regular	13686
business activities professional credentialing or quality review	13687
activities involving the competence of, professional conduct of,	13688
or quality of care provided by health care providers, including	13689
both individuals who provide health care and entities that provide	13690
health care.	13691

(2) "Health care entity" includes any entity described in	13692
division (A)(1) of this section, regardless of whether it is a	13693
government entity; for-profit or nonprofit corporation; limited	13694
liability company; partnership; professional corporation; state or	13695
local society composed of physicians, dentists, optometrists,	13696
psychologists, or pharmacists; or other health care organization.	13697

(B) "Health insuring corporation" means an entity that holds	13698
a certificate of authority under Chapter 1751. of the Revised	13699
Code. "Health insuring corporation" includes wholly owned	13700
subsidiaries of a health insuring corporation.	13701

13702

(1) An institution that has been registered or licensed by	13703
the department of health as a hospital;	13704

(2) An entity, other than an insurance company authorized to	13705
do business in this state, that owns, controls, or is affiliated	13706
with an institution that has been registered or licensed by the	13707
department of health as a hospital.	13708

(D) "Incident report or risk management report" means a	13709
report of an incident involving injury or potential injury to a	13710
patient as a result of patient care provided by health care	13711
providers, including both individuals who provide health care and	13712
entities that provide health care, that is prepared by or for the	13713
use of a peer review committee of a health care entity and is	13714
within the scope of the functions of that committee.	13715

(E)(1) "Peer review committee" means a utilization review	13716
committee, quality assessment committee, performance improvement	13717
committee, tissue committee, credentialing committee, or other	13718
committee that does either of the following:	13719

(a) Conducts professional credentialing or quality review	13720
activities involving the competence of, professional conduct of,	13721
or quality of care provided by health care providers, including	13722
both individuals who provide health care and entities that provide	13723
health care;	13724

(b) Conducts any other attendant hearing process initiated as	13725
a result of a peer review committee's recommendations or actions.	13726

(2) "Peer review committee" includes all of the following:

13727

(a) A peer review committee of a hospital or long-term care	13728
facility or a peer review committee of a nonprofit health care	13729
corporation that is a member of the hospital or long-term care	13730
facility or of which the hospital or facility is a member;	13731

(b) A peer review committee of a community mental health	13732
center;	13733

(c) A board or committee of a hospital, a long-term care	13734
facility, or other health care entity when reviewing professional	13735
qualifications or activities of health care providers, including	13736
both individuals who provide health care and entities that provide	13737
health care;	13738

(d) A peer review committee, professional standards review	13739
committee, or arbitration committee of a state or local society	13740
composed of members who are in active practice as physicians,	13741
dentists, optometrists, psychologists, or pharmacists;	13742

(e) A peer review committee of a health insuring corporation	13743
that has at least a two-thirds majority of member physicians in	13744
active practice and that conducts professional credentialing and	13745
quality review activities involving the competence or professional	13746
conduct of health care providers that adversely affects or could	13747
adversely affect the health or welfare of any patient;	13748

(f) A peer review committee of a health insuring corporation	13749
that has at least a two-thirds majority of member physicians in	13750
active practice and that conducts professional credentialing and	13751
quality review activities involving the competence or professional	13752
conduct of a health care facility that has contracted with the	13753
health insuring corporation to provide health care services to	13754
enrollees, which conduct adversely affects, or could adversely	13755
affect, the health or welfare of any patient;	13756

(g) A peer review committee of a sickness and accident	13757
insurer that has at least a two-thirds majority of physicians in	13758
active practice and that conducts professional credentialing and	13759
quality review activities involving the competence or professional	13760
conduct of health care providers that adversely affects or could	13761
adversely affect the health or welfare of any patient;	13762

(h) A peer review committee of a sickness and accident	13763
insurer that has at least a two-thirds majority of physicians in	13764
active practice and that conducts professional credentialing and	13765
quality review activities involving the competence or professional	13766
conduct of a health care facility that has contracted with the	13767
insurer to provide health care services to insureds, which conduct	13768
adversely affects, or could adversely affect, the health or	13769
welfare of any patient;	13770

(i) A peer review committee of any insurer authorized under	13771
Title XXXIX of the Revised Code to do the business of medical	13772
professional liability insurance in this state that conducts	13773
professional quality review activities involving the competence or	13774
professional conduct of health care providers that adversely	13775
affects or could affect the health or welfare of any patient;	13776

(j) A peer review committee of the bureau of workers'	13777
compensation or the industrial commission that is responsible for	13778
reviewing the professional qualifications and the performance of	13779
providers certified by the bureau to participate in the health	13780
partnership program or of providers conducting medical	13781
examinations or file reviews for the bureau or the commission;	13782

(k) Any other peer review committee of a health care entity.

13783

(F) "Physician" means an individual authorized to practice	13784
medicine and surgery, osteopathic medicine and surgery, or	13785
podiatric medicine and surgery.	13786

(G) "Sickness and accident insurer" means an entity	13787
authorized under Title XXXIX of the Revised Code to do the	13788
business of sickness and accident insurance in this state.	13789

(H) "Tort action" means a civil action for damages for	13790
injury, death, or loss to a patient of a health care entity. "Tort	13791
action" includes a product liability claim, as defined in section	13792
2307.71 of the Revised Code, and an asbestos claim, as defined in	13793
section 2307.91 of the Revised Code, but does not include a civil	13794
action for a breach of contract or another agreement between	13795
persons.	13796

Sec. 2305.252. (A) Proceedings and records within the scope	13797
of a peer review committee of a health care entity shall be held	13798
in confidence and shall not be subject to discovery or	13799
introduction in evidence in any civil action against a health care	13800
entity or health care provider, including both individuals who	13801
provide health care and entities that provide health care, arising	13802
out of matters that are the subject of evaluation and review by	13803
the peer review committee. No individual who attends a meeting of	13804
a peer review committee, serves as a member of a peer review	13805
committee, works for or on behalf of a peer review committee, or	13806
provides information to a peer review committee shall be permitted	13807
or required to testify in any civil action as to any evidence or	13808
other matters produced or presented during the proceedings of the	13809
peer review committee or as to any finding, recommendation,	13810
evaluation, opinion, or other action of the committee or a member	13811
thereof. Information, documents, or records otherwise available	13812
from original sources are not to be construed as being unavailable	13813
for discovery or for use in any civil action merely because they	13814
were produced or presented during proceedings of a peer review	13815
committee, but the information, documents, or records are	13816
available only from the original sources and cannot be obtained	13817
from the peer review committee's proceedings or records. An	13818
individual who testifies before a peer review committee, serves as	13819
a representative of a peer review committee, serves as a member of	13820
a peer review committee, works for or on behalf of a peer review	13821
committee, or provides information to a peer review committee	13822
shall not be prevented from testifying as to matters within the	13823
individual's knowledge, but the individual cannot be asked about	13824
the individual's testimony before the peer review committee,	13825
information the individual provided to the peer review committee,	13826
or any opinion the individual formed as a result of the peer	13827
review committee's activities. An order by a court to produce for	13828
discovery or for use at trial the proceedings or records described	13829
in this section is a final order.	13830

(B) Division (A) of this section applies to a peer review	13831
committee of the bureau of workers' compensation that is	13832
responsible for reviewing the professional qualifications and the	13833
performance of providers certified by the bureau to participate in	13834
the health partnership program created under sections 4121.44 and	13835
4121.441 of the Revised Code, except that the proceedings and	13836
records within the scope of the peer review committee are subject	13837
to discovery or court subpoena and may be admitted into evidence	13838
in any criminal action or administrative or civil action	13839
initiated, prosecuted, or adjudicated by the bureau involving an	13840
alleged violation of applicable statutes or administrative rules.	13841
The bureau may share proceedings and records within the scope of	13842
the peer review committee, including claimant records and claim	13843
file information, with law enforcement agencies, licensing boards,	13844
and other governmental agencies that are prosecuting,	13845
adjudicating, or investigating alleged violations of applicable	13846
statutes or administrative rules. Recipients of claimant records	13847
and claim file information provided by the bureau pursuant to this	13848
division shall take appropriate measures to maintain the	13849
confidentiality of the information.	13850

Sec. 2701.09. In any county in which a daily law journal is	13851
printed, the judges of the courts of record, other than the court	13852
of appeals, shall jointly designate such daily law journal as the	13853
journal in which shall be published all calendars of the courts of	13854
record in such county, which calendars shall contain the numbers	13855
and titles of causes, and names of attorneys appearing therein,	13856
together with the motion dockets and such particulars and notices	13857
respecting causes, as may be specified by the judges, and each	13858
notice required to be published by any of such judges.	13859

In all cases, proceedings, administrations of estates,	13860
assignments, and matters pending in any of the courts of record of	13861
such counties in which legal notices or advertisements are	13862
required to be published, such law journal shall, once a week and	13863
on the same day of the week, publish an abstract of each such	13864
legal notice or advertisement, but the jurisdiction over, or	13865
irregularity of, a proceeding, trial, or judgment shall not be	13866
affected by anything therein. The publisher of the daily law	13867
journal also shall post the legal notice or advertisement in its	13868
entirety on the daily law journal's web site, if the daily law	13869
journal has one, and on the official public notice web site	13870
established under section 125.182 of the Revised Code at no	13871
additional cost.	13872

For the publication of such calendars, motion dockets, and	13873
notices, the fees for which are not fixed by law, the publisher of	13874
the ~~paper~~journal shall receive a sum to be fixed by the judges	13875
for each case brought, to be paid in advance by the party filing	13876
the petition, transcripts for appeal, or lien, to be taxed in the	13877
costs and collected as other costs. For the publication of	13878
abstracts of legal ~~advertising~~notices or advertisements, such	13879
publisher shall receive a sum to be fixed by the judges for each	13880
case, proceeding, or matter, in which such advertising is had, to	13881
be taxed and collected as a part of the costs thereof.	13882

Sec. 2915.01. As used in this chapter:

13883

(A) "Bookmaking" means the business of receiving or paying	13884
off bets.	13885

(B) "Bet" means the hazarding of anything of value upon the	13886
result of an event, undertaking, or contingency, but does not	13887
include a bona fide business risk.	13888

(C) "Scheme of chance" means a slot machine unless authorized	13889
under Chapter 3772. of the Revised Code, lottery unless authorized	13890
under Chapter 3770. of the Revised Code, numbers game, pool	13891
conducted for profit, or other scheme in which a participant gives	13892
a valuable consideration for a chance to win a prize, but does not	13893
include bingo, a skill-based amusement machine, or a pool not	13894
conducted for profit. "Scheme of chance" includes the use of an	13895
electronic device to reveal the results of a game entry if	13896
valuable consideration is paid, directly or indirectly, for a	13897
chance to win a prize. Valuable consideration is deemed to be paid	13898
for a chance to win a prize in the following instances:	13899

(1) Less than fifty per cent of the goods or services sold by	13900
a scheme of chance operator in exchange for game entries are used	13901
or redeemed by participants at any one location;	13902

(2) Less than fifty per cent of participants who purchase	13903
goods or services at any one location do not accept, use, or	13904
redeem the goods or services sold or purportedly sold;	13905

(3) More than fifty per cent of prizes at any one location	13906
are revealed to participants through an electronic device	13907
simulating a game of chance or a "casino game" as defined in	13908
section 3772.01 of the Revised Code;	13909

(4) The good or service sold by a scheme of chance operator	13910
in exchange for a game entry cannot be used or redeemed in the	13911
manner advertised;	13912

(5) A participant pays more than fair market value for goods	13913
or services offered by a scheme of chance operator in order to	13914
receive one or more game entries;	13915

(6) A participant may use the electronic device to purchase	13916
additional game entries;	13917

(7) A participant may purchase additional game entries by	13918
using points or credits won as prizes while using the electronic	13919
device;	13920

(8) A scheme of chance operator pays out in prize money more	13921
than twenty per cent of the gross revenue received at one	13922
location; or	13923

(9) A participant makes a purchase or exchange in order to	13924
obtain any good or service that may be used to facilitate play on	13925
the electronic device.	13926

As used in this division, "electronic device" means a	13927
mechanical, video, digital, or electronic machine or device that	13928
is capable of displaying information on a screen or other	13929
mechanism and that is owned, leased, or otherwise possessed by any	13930
person conducting a scheme of chance, or by that person's	13931
partners, affiliates, subsidiaries, or contractors.	13932

(D) "Game of chance" means poker, craps, roulette, or other	13933
game in which a player gives anything of value in the hope of	13934
gain, the outcome of which is determined largely by chance, but	13935
does not include bingo.	13936

(E) "Game of chance conducted for profit" means any game of	13937
chance designed to produce income for the person who conducts or	13938
operates the game of chance, but does not include bingo.	13939

(F) "Gambling device" means any of the following:

13940

(1) A book, totalizer, or other equipment for recording bets;

13941

(2) A ticket, token, or other device representing a chance,	13942
share, or interest in a scheme of chance or evidencing a bet;	13943

(3) A deck of cards, dice, gaming table, roulette wheel, slot	13944
machine, or other apparatus designed for use in connection with a	13945
game of chance;	13946

(4) Any equipment, device, apparatus, or paraphernalia	13947
specially designed for gambling purposes;	13948

(5) Bingo supplies sold or otherwise provided, or used, in	13949
violation of this chapter;	13950

(6) Skill-based amusement machines or slot machines used in	13951
violation of this chapter or Chapter 3772. of the Revised Code.	13952

(G) "Gambling offense" means any of the following:

13953

(1) A violation of section 2915.02, 2915.03, 2915.04,	13954
2915.05, 2915.06, 2915.062, 2915.07, 2915.08, 2915.081, 2915.082,	13955
2915.09, 2915.091, 2915.092, 2915.10, or 2915.11 or of division	13956
(D), (E), or (F) of section 3772.99 of the Revised Code;	13957

(2) A violation of an existing or former municipal ordinance	13958
or law of this or any other state or the United States	13959
substantially equivalent to any section listed in division (G)(1)	13960
of this section or a violation of section 2915.06 of the Revised	13961
Code as it existed prior to July 1, 1996;	13962

(3) An offense under an existing or former municipal	13963
ordinance or law of this or any other state or the United States,	13964
of which gambling is an element;	13965

(4) A conspiracy or attempt to commit, or complicity in	13966
committing, any offense under division (G)(1), (2), or (3) of this	13967
section.	13968

(H) Except as otherwise provided in this chapter, "charitable	13969
organization" means either of the following:	13970

(1) An organization that is, and has received from the	13971
internal revenue service a determination letter that currently is	13972
in effect stating that the organization is, exempt from federal	13973
income taxation under subsection 501(a) and described in	13974
subsection 501(c)(3) of the Internal Revenue Code;	13975

(2) A volunteer rescue service organization, volunteer	13976
firefighter's organization, veteran's organization, fraternal	13977
organization, or sporting organization that is exempt from federal	13978
income taxation under subsection 501(c)(4), (c)(7), (c)(8),	13979
(c)(10), or (c)(19) of the Internal Revenue Code.	13980

To qualify as a "charitable organization," an organization	13981
shall have been in continuous existence as such in this state for	13982
a period of two years immediately preceding either the making of	13983
an application for a bingo license under section 2915.08 of the	13984
Revised Code or the conducting of any game of chance as provided	13985
in division (D) of section 2915.02 of the Revised Code.	13986

(I) "Religious organization" means any church, body of	13987
communicants, or group that is not organized or operated for	13988
profit and that gathers in common membership for regular worship	13989
and religious observances.	13990

(J) "Veteran's organization" means any individual post or	13991
state headquarters of a national veteran's association or an	13992
auxiliary unit of any individual post of a national veteran's	13993
association, which post, state headquarters, or auxiliary unit is	13994
incorporated as a nonprofit corporation and either has received a	13995
letter from the state headquarters of the national veteran's	13996
association indicating that the individual post or auxiliary unit	13997
is in good standing with the national veteran's association or has	13998
received a letter from the national veteran's association	13999
indicating that the state headquarters is in good standing with	14000
the national veteran's association. As used in this division,	14001
"national veteran's association" means any veteran's association	14002
that has been in continuous existence as such for a period of at	14003
least five years and either is incorporated by an act of the	14004
United States congress or has a national dues-paying membership of	14005
at least five thousand persons.	14006

(K) "Volunteer firefighter's organization" means any	14007
organization of volunteer firefighters, as defined in section	14008
146.01 of the Revised Code, that is organized and operated	14009
exclusively to provide financial support for a volunteer fire	14010
department or a volunteer fire company and that is recognized or	14011
ratified by a county, municipal corporation, or township.	14012

(L) "Fraternal organization" means any society, order, state	14013
headquarters, or association within this state, except a college	14014
or high school fraternity, that is not organized for profit, that	14015
is a branch, lodge, or chapter of a national or state	14016
organization, that exists exclusively for the common business or	14017
sodality of its members.	14018

(M) "Volunteer rescue service organization" means any	14019
organization of volunteers organized to function as an emergency	14020
medical service organization, as defined in section 4765.01 of the	14021
Revised Code.	14022

(N) "Charitable bingo game" means any bingo game described in	14023
division (O)(1) or (2) of this section that is conducted by a	14024
charitable organization that has obtained a license pursuant to	14025
section 2915.08 of the Revised Code and the proceeds of which are	14026
used for a charitable purpose.	14027

(O) "Bingo" means either of the following:

14028

(1) A game with all of the following characteristics:

14029

(a) The participants use bingo cards or sheets, including	14030
paper formats and electronic representation or image formats, that	14031
are divided into twenty-five spaces arranged in five horizontal	14032
and five vertical rows of spaces, with each space, except the	14033
central space, being designated by a combination of a letter and a	14034
number and with the central space being designated as a free	14035
space.	14036

(b) The participants cover the spaces on the bingo cards or	14037
sheets that correspond to combinations of letters and numbers that	14038
are announced by a bingo game operator.	14039

(c) A bingo game operator announces combinations of letters	14040
and numbers that appear on objects that a bingo game operator	14041
selects by chance, either manually or mechanically, from a	14042
receptacle that contains seventy-five objects at the beginning of	14043
each game, each object marked by a different combination of a	14044
letter and a number that corresponds to one of the seventy-five	14045
possible combinations of a letter and a number that can appear on	14046
the bingo cards or sheets.	14047

(d) The winner of the bingo game includes any participant who	14048
properly announces during the interval between the announcements	14049
of letters and numbers as described in division (O)(1)(c) of this	14050
section, that a predetermined and preannounced pattern of spaces	14051
has been covered on a bingo card or sheet being used by the	14052
participant.	14053

(2) Instant bingo, punch boards, and raffles.

14054

(P) "Conduct" means to back, promote, organize, manage, carry	14055
on, sponsor, or prepare for the operation of bingo or a game of	14056
chance, a scheme of chance, or a sweepstakes, or a skill-based	14057
amusement machine.	14058

(Q) "Bingo game operator" means any person, except security	14059
personnel, who performs work or labor at the site of bingo,	14060
including, but not limited to, collecting money from participants,	14061
handing out bingo cards or sheets or objects to cover spaces on	14062
bingo cards or sheets, selecting from a receptacle the objects	14063
that contain the combination of letters and numbers that appear on	14064
bingo cards or sheets, calling out the combinations of letters and	14065
numbers, distributing prizes, selling or redeeming instant bingo	14066
tickets or cards, supervising the operation of a punch board,	14067
selling raffle tickets, selecting raffle tickets from a receptacle	14068
and announcing the winning numbers in a raffle, and preparing,	14069
selling, and serving food or beverages.	14070

(R) "Participant" means any person who plays bingo.

14071

(S) "Bingo session" means a period that includes both of the	14072
following:	14073

(1) Not to exceed five continuous hours for the conduct of	14074
one or more games described in division (O)(1) of this section,	14075
instant bingo, and seal cards;	14076

(2) A period for the conduct of instant bingo and seal cards	14077
for not more than two hours before and not more than two hours	14078
after the period described in division (S)(1) of this section.	14079

(T) "Gross receipts" means all money or assets, including	14080
admission fees, that a person receives from bingo without the	14081
deduction of any amounts for prizes paid out or for the expenses	14082
of conducting bingo. "Gross receipts" does not include any money	14083
directly taken in from the sale of food or beverages by a	14084
charitable organization conducting bingo, or by a bona fide	14085
auxiliary unit or society of a charitable organization conducting	14086
bingo, provided all of the following apply:	14087

(1) The auxiliary unit or society has been in existence as a	14088
bona fide auxiliary unit or society of the charitable organization	14089
for at least two years prior to conducting bingo.	14090

(2) The person who purchases the food or beverage receives	14091
nothing of value except the food or beverage and items customarily	14092
received with the purchase of that food or beverage.	14093

(3) The food and beverages are sold at customary and	14094
reasonable prices.	14095

(U) "Security personnel" includes any person who either is a	14096
sheriff, deputy sheriff, marshal, deputy marshal, township	14097
constable, or member of an organized police department of a	14098
municipal corporation or has successfully completed a peace	14099
officer's training course pursuant to sections 109.71 to 109.79 of	14100
the Revised Code and who is hired to provide security for the	14101
premises on which bingo is conducted.	14102

(V) "Charitable purpose" means that the net profit of bingo,	14103
other than instant bingo, is used by, or is given, donated, or	14104
otherwise transferred to, any of the following:	14105

(1) Any organization that is described in subsection	14106
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	14107
and is either a governmental unit or an organization that is tax	14108
exempt under subsection 501(a) and described in subsection	14109
501(c)(3) of the Internal Revenue Code;	14110

(2) A veteran's organization that is a post, chapter, or	14111
organization of veterans, or an auxiliary unit or society of, or a	14112
trust or foundation for, any such post, chapter, or organization	14113
organized in the United States or any of its possessions, at least	14114
seventy-five per cent of the members of which are veterans and	14115
substantially all of the other members of which are individuals	14116
who are spouses, widows, or widowers of veterans, or such	14117
individuals, provided that no part of the net earnings of such	14118
post, chapter, or organization inures to the benefit of any	14119
private shareholder or individual, and further provided that the	14120
net profit is used by the post, chapter, or organization for the	14121
charitable purposes set forth in division (B)(12) of section	14122
5739.02 of the Revised Code, is used for awarding scholarships to	14123
or for attendance at an institution mentioned in division (B)(12)	14124
of section 5739.02 of the Revised Code, is donated to a	14125
governmental agency, or is used for nonprofit youth activities,	14126
the purchase of United States or Ohio flags that are donated to	14127
schools, youth groups, or other bona fide nonprofit organizations,	14128
promotion of patriotism, or disaster relief;	14129

(3) A fraternal organization that has been in continuous	14130
existence in this state for fifteen years and that uses the net	14131
profit exclusively for religious, charitable, scientific,	14132
literary, or educational purposes, or for the prevention of	14133
cruelty to children or animals, if contributions for such use	14134
would qualify as a deductible charitable contribution under	14135
subsection 170 of the Internal Revenue Code;	14136

(4) A volunteer firefighter's organization that uses the net	14137
profit for the purposes set forth in division (K) of this section.	14138

(W) "Internal Revenue Code" means the "Internal Revenue Code	14139
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	14140
amended.	14141

(X) "Youth athletic organization" means any organization, not	14142
organized for profit, that is organized and operated exclusively	14143
to provide financial support to, or to operate, athletic	14144
activities for persons who are twenty-one years of age or younger	14145
by means of sponsoring, organizing, operating, or contributing to	14146
the support of an athletic team, club, league, or association.	14147

(Y) "Youth athletic park organization" means any	14148
organization, not organized for profit, that satisfies both of the	14149
following:	14150

(1) It owns, operates, and maintains playing fields that	14151
satisfy both of the following:	14152

(a) The playing fields are used at least one hundred days per	14153
year for athletic activities by one or more organizations, not	14154
organized for profit, each of which is organized and operated	14155
exclusively to provide financial support to, or to operate,	14156
athletic activities for persons who are eighteen years of age or	14157
younger by means of sponsoring, organizing, operating, or	14158
contributing to the support of an athletic team, club, league, or	14159
association.	14160

(b) The playing fields are not used for any profit-making	14161
activity at any time during the year.	14162

(2) It uses the proceeds of bingo it conducts exclusively for	14163
the operation, maintenance, and improvement of its playing fields	14164
of the type described in division (Y)(1) of this section.	14165

(Z) "Bingo supplies" means bingo cards or sheets; instant	14166
bingo tickets or cards; electronic bingo aids; raffle tickets;	14167
punch boards; seal cards; instant bingo ticket dispensers; and	14168
devices for selecting or displaying the combination of bingo	14169
letters and numbers or raffle tickets. Items that are "bingo	14170
supplies" are not gambling devices if sold or otherwise provided,	14171
and used, in accordance with this chapter. For purposes of this	14172
chapter, "bingo supplies" are not to be considered equipment used	14173
to conduct a bingo game.	14174

(AA) "Instant bingo" means a form of bingo that shall use	14175
folded or banded tickets or paper cards with perforated break-open	14176
tabs, a face of which is covered or otherwise hidden from view to	14177
conceal a number, letter, or symbol, or set of numbers, letters,	14178
or symbols, some of which have been designated in advance as prize	14179
winners, and may also include games in which some winners are	14180
determined by the random selection of one or more bingo numbers by	14181
the use of a seal card or bingo blower. In all "instant bingo" the	14182
prize amount and structure shall be predetermined. "Instant bingo"	14183
does not include any device that is activated by the insertion of	14184
a coin, currency, token, or an equivalent, and that contains as	14185
one of its components a video display monitor that is capable of	14186
displaying numbers, letters, symbols, or characters in winning or	14187
losing combinations.	14188

(BB) "Seal card" means a form of instant bingo that uses	14189
instant bingo tickets in conjunction with a board or placard that	14190
contains one or more seals that, when removed or opened, reveal	14191
predesignated winning numbers, letters, or symbols.	14192

(CC) "Raffle" means a form of bingo in which the one or more	14193
prizes are won by one or more persons who have purchased a raffle	14194
ticket. The one or more winners of the raffle are determined by	14195
drawing a ticket stub or other detachable section from a	14196
receptacle containing ticket stubs or detachable sections	14197
corresponding to all tickets sold for the raffle. "Raffle" does	14198
not include the drawing of a ticket stub or other detachable	14199
section of a ticket purchased to attend a professional sporting	14200
event if both of the following apply:	14201

(1) The ticket stub or other detachable section is used to	14202
select the winner of a free prize given away at the professional	14203
sporting event; and	14204

(2) The cost of the ticket is the same as the cost of a	14205
ticket to the professional sporting event on days when no free	14206
prize is given away.	14207

(DD) "Punch board" means a board containing a number of holes	14208
or receptacles of uniform size in which are placed, mechanically	14209
and randomly, serially numbered slips of paper that may be punched	14210
or drawn from the hole or receptacle when used in conjunction with	14211
instant bingo. A player may punch or draw the numbered slips of	14212
paper from the holes or receptacles and obtain the prize	14213
established for the game if the number drawn corresponds to a	14214
winning number or, if the punch board includes the use of a seal	14215
card, a potential winning number.	14216

(EE) "Gross profit" means gross receipts minus the amount	14217
actually expended for the payment of prize awards.	14218

(FF) "Net profit" means gross profit minus expenses.

14219

(GG) "Expenses" means the reasonable amount of gross profit	14220
actually expended for all of the following:	14221

(1) The purchase or lease of bingo supplies;

14222

(2) The annual license fee required under section 2915.08 of	14223
the Revised Code;	14224

(3) Bank fees and service charges for a bingo session or game	14225
account described in section 2915.10 of the Revised Code;	14226

(4) Audits and accounting services;

14227

(5) Safes;

14228

(6) Cash registers;

14229

(7) Hiring security personnel;

14230

(8) Advertising bingo;

14231

(9) Renting premises in which to conduct a bingo session;

14232

(10) Tables and chairs;

14233

(11) Expenses for maintaining and operating a charitable	14234
organization's facilities, including, but not limited to, a post	14235
home, club house, lounge, tavern, or canteen and any grounds	14236
attached to the post home, club house, lounge, tavern, or canteen;	14237

(12) Payment of real property taxes and assessments that are	14238
levied on a premises on which bingo is conducted;	14239

(13) Any other product or service directly related to the	14240
conduct of bingo that is authorized in rules adopted by the	14241
attorney general under division (B)(1) of section 2915.08 of the	14242
Revised Code.	14243

(HH) "Person" has the same meaning as in section 1.59 of the	14244
Revised Code and includes any firm or any other legal entity,	14245
however organized.	14246

(II) "Revoke" means to void permanently all rights and	14247
privileges of the holder of a license issued under section	14248
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	14249
gaming license issued by another jurisdiction.	14250

(JJ) "Suspend" means to interrupt temporarily all rights and	14251
privileges of the holder of a license issued under section	14252
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	14253
gaming license issued by another jurisdiction.	14254

(KK) "Distributor" means any person who purchases or obtains	14255
bingo supplies and who does either of the following:	14256

(1) Sells, offers for sale, or otherwise provides or offers	14257
to provide the bingo supplies to another person for use in this	14258
state;	14259

(2) Modifies, converts, adds to, or removes parts from the	14260
bingo supplies to further their promotion or sale for use in this	14261
state.	14262

(LL) "Manufacturer" means any person who assembles completed	14263
bingo supplies from raw materials, other items, or subparts or who	14264
modifies, converts, adds to, or removes parts from bingo supplies	14265
to further their promotion or sale.	14266

(MM) "Gross annual revenues" means the annual gross receipts	14267
derived from the conduct of bingo described in division (O)(1) of	14268
this section plus the annual net profit derived from the conduct	14269
of bingo described in division (O)(2) of this section.	14270

(NN) "Instant bingo ticket dispenser" means a mechanical	14271
device that dispenses an instant bingo ticket or card as the sole	14272
item of value dispensed and that has the following	14273
characteristics:	14274

(1) It is activated upon the insertion of United States	14275
currency.	14276

(2) It performs no gaming functions.

14277

(3) It does not contain a video display monitor or generate	14278
noise.	14279

(4) It is not capable of displaying any numbers, letters,	14280
symbols, or characters in winning or losing combinations.	14281

(5) It does not simulate or display rolling or spinning	14282
reels.	14283

(6) It is incapable of determining whether a dispensed bingo	14284
ticket or card is a winning or nonwinning ticket or card and	14285
requires a winning ticket or card to be paid by a bingo game	14286
operator.	14287

(7) It may provide accounting and security features to aid in	14288
accounting for the instant bingo tickets or cards it dispenses.	14289

(8) It is not part of an electronic network and is not	14290
interactive.	14291

(OO)(1) "Electronic bingo aid" means an electronic device	14292
used by a participant to monitor bingo cards or sheets purchased	14293
at the time and place of a bingo session and that does all of the	14294
following:	14295

(a) It provides a means for a participant to input numbers	14296
and letters announced by a bingo caller.	14297

(b) It compares the numbers and letters entered by the	14298
participant to the bingo faces previously stored in the memory of	14299
the device.	14300

14301

(2) "Electronic bingo aid" does not include any device into	14302
which a coin, currency, token, or an equivalent is inserted to	14303
activate play.	14304

(PP) "Deal of instant bingo tickets" means a single game of	14305
instant bingo tickets all with the same serial number.	14306

(QQ)(1) "Slot machine" means either of the following:

14307

(a) Any mechanical, electronic, video, or digital device that	14308
is capable of accepting anything of value, directly or indirectly,	14309
from or on behalf of a player who gives the thing of value in the	14310
hope of gain;	14311

(b) Any mechanical, electronic, video, or digital device that	14312
is capable of accepting anything of value, directly or indirectly,	14313
from or on behalf of a player to conduct bingo or a scheme or game	14314
of chance.	14315

(2) "Slot machine" does not include a skill-based amusement	14316
machine or an instant bingo ticket dispenser.	14317

(RR) "Net profit from the proceeds of the sale of instant	14318
bingo" means gross profit minus the ordinary, necessary, and	14319
reasonable expense expended for the purchase of instant bingo	14320
supplies, and, in the case of instant bingo conducted by a	14321
veteran's, fraternal, or sporting organization, minus the payment	14322
by that organization of real property taxes and assessments levied	14323
on a premises on which instant bingo is conducted.	14324

(SS) "Charitable instant bingo organization" means an	14325
organization that is exempt from federal income taxation under	14326
subsection 501(a) and described in subsection 501(c)(3) of the	14327
Internal Revenue Code and is a charitable organization as defined	14328
in this section. A "charitable instant bingo organization" does	14329
not include a charitable organization that is exempt from federal	14330
income taxation under subsection 501(a) and described in	14331
subsection 501(c)(3) of the Internal Revenue Code and that is	14332
created by a veteran's organization, a fraternal organization, or	14333
a sporting organization in regards to bingo conducted or assisted	14334
by a veteran's organization, a fraternal organization, or a	14335
sporting organization pursuant to section 2915.13 of the Revised	14336
Code.	14337

(TT) "Game flare" means the board or placard that accompanies	14338
each deal of instant bingo tickets and that has printed on or	14339
affixed to it the following information for the game:	14340

(1) The name of the game;

14341

(2) The manufacturer's name or distinctive logo;

14342

(3) The form number;

14343

(4) The ticket count;

14344

(5) The prize structure, including the number of winning	14345
instant bingo tickets by denomination and the respective winning	14346
symbol or number combinations for the winning instant bingo	14347
tickets;	14348

(6) The cost per play;

14349

(7) The serial number of the game.

14350

(UU)(1) "Skill-based amusement machine" means a mechanical,	14351
video, digital, or electronic device that rewards the player or	14352
players, if at all, only with merchandise prizes or with	14353
redeemable vouchers redeemable only for merchandise prizes,	14354
provided that with respect to rewards for playing the game all of	14355
the following apply:	14356

(a) The wholesale value of a merchandise prize awarded as a	14357
result of the single play of a machine does not exceed ten	14358
dollars;	14359

(b) Redeemable vouchers awarded for any single play of a	14360
machine are not redeemable for a merchandise prize with a	14361
wholesale value of more than ten dollars;	14362

(c) Redeemable vouchers are not redeemable for a merchandise	14363
prize that has a wholesale value of more than ten dollars times	14364
the fewest number of single plays necessary to accrue the	14365
redeemable vouchers required to obtain that prize; and	14366

(d) Any redeemable vouchers or merchandise prizes are	14367
distributed at the site of the skill-based amusement machine at	14368
the time of play.	14369

A card for the purchase of gasoline is a redeemable voucher	14370
for purposes of division (UU)(1) of this section even if the	14371
skill-based amusement machine for the play of which the card is	14372
awarded is located at a place where gasoline may not be legally	14373
distributed to the public or the card is not redeemable at the	14374
location of, or at the time of playing, the skill-based amusement	14375
machine.	14376

(2) A device shall not be considered a skill-based amusement	14377
machine and shall be considered a slot machine if it pays cash or	14378
one or more of the following apply:	14379

(a) The ability of a player to succeed at the game is	14380
impacted by the number or ratio of prior wins to prior losses of	14381
players playing the game.	14382

(b) Any reward of redeemable vouchers is not based solely on	14383
the player achieving the object of the game or the player's score;	14384

(c) The outcome of the game, or the value of the redeemable	14385
voucher or merchandise prize awarded for winning the game, can be	14386
controlled by a source other than any player playing the game.	14387

(d) The success of any player is or may be determined by a	14388
chance event that cannot be altered by player actions.	14389

(e) The ability of any player to succeed at the game is	14390
determined by game features not visible or known to the player.	14391

(f) The ability of the player to succeed at the game is	14392
impacted by the exercise of a skill that no reasonable player	14393
could exercise.	14394

(3) All of the following apply to any machine that is	14395
operated as described in division (UU)(1) of this section:	14396

(a) As used in division (UU) of this section, "game" and	14397
"play" mean one event from the initial activation of the machine	14398
until the results of play are determined without payment of	14399
additional consideration. An individual utilizing a machine that	14400
involves a single game, play, contest, competition, or tournament	14401
may be awarded redeemable vouchers or merchandise prizes based on	14402
the results of play.	14403

(b) Advance play for a single game, play, contest,	14404
competition, or tournament participation may be purchased. The	14405
cost of the contest, competition, or tournament participation may	14406
be greater than a single noncontest, competition, or tournament	14407
play.	14408

(c) To the extent that the machine is used in a contest,	14409
competition, or tournament, that contest, competition, or	14410
tournament has a defined starting and ending date and is open to	14411
participants in competition for scoring and ranking results toward	14412
the awarding of redeemable vouchers or merchandise prizes that are	14413
stated prior to the start of the contest, competition, or	14414
tournament.	14415

(4) For purposes of division (UU)(1) of this section, the	14416
mere presence of a device, such as a pin-setting, ball-releasing,	14417
or scoring mechanism, that does not contribute to or affect the	14418
outcome of the play of the game does not make the device a	14419
skill-based amusement machine.	14420

(VV) "Merchandise prize" means any item of value, but shall	14421
not include any of the following:	14422

(1) Cash, gift cards, or any equivalent thereof;

14423

(2) Plays on games of chance, state lottery tickets, bingo,	14424
or instant bingo;	14425

(3) Firearms, tobacco, or alcoholic beverages; or

14426

(4) A redeemable voucher that is redeemable for any of the	14427
items listed in division (VV)(1), (2), or (3) of this section.	14428

(WW) "Redeemable voucher" means any ticket, token, coupon,	14429
receipt, or other noncash representation of value.	14430

(XX) "Pool not conducted for profit" means a scheme in which	14431
a participant gives a valuable consideration for a chance to win a	14432
prize and the total amount of consideration wagered is distributed	14433
to a participant or participants.	14434

(YY) "Sporting organization" means a hunting, fishing, or	14435
trapping organization, other than a college or high school	14436
fraternity or sorority, that is not organized for profit, that is	14437
affiliated with a state or national sporting organization,	14438
including but not limited to, the league of Ohio sportsmen, and	14439
that has been in continuous existence in this state for a period	14440
of three years.	14441

(ZZ) "Community action agency" has the same meaning as in	14442
section 122.66 of the Revised Code.	14443

(AAA)(1) "Sweepstakes terminal device" means a mechanical,	14444
video, digital, or electronic machine or device that is owned,	14445
leased, or otherwise possessed by any person conducting a	14446
sweepstakes, or by that person's partners, affiliates,	14447
subsidiaries, or contractors, that is intended to be used by a	14448
sweepstakes participant, and that is capable of displaying	14449
information on a screen or other mechanism. A device is a	14450
sweepstakes terminal device if any of the following apply:	14451

(a) The device uses a simulated game terminal as a	14452
representation of the prizes associated with the results of the	14453
sweepstakes entries.	14454

(b) The device utilizes software such that the simulated game	14455
influences or determines the winning of or value of the prize.	14456

(c) The device selects prizes from a predetermined finite	14457
pool of entries.	14458

(d) The device utilizes a mechanism that reveals the content	14459
of a predetermined sweepstakes entry.	14460

(e) The device predetermines the prize results and stores	14461
those results for delivery at the time the sweepstakes entry	14462
results are revealed.	14463

(f) The device utilizes software to create a game result.

14464

(g) The device reveals the prize incrementally, even though	14465
the device does not influence the awarding of the prize or the	14466
value of any prize awarded.	14467

(h) The device determines and associates the prize with an	14468
entry or entries at the time the sweepstakes is entered.	14469

(2) As used in this division and in section 2915.02 of the	14470
Revised Code:	14471

(a) "Enter" means the act by which a person becomes eligible	14472
to receive any prize offered in a sweepstakes.	14473

(b) "Entry" means one event from the initial activation of	14474
the sweepstakes terminal device until all the sweepstakes prize	14475
results from that activation are revealed.	14476

(c) "Prize" means any gift, award, gratuity, good, service,	14477
credit, reward, or any other thing of value that may be	14478
transferred to a person, whether possession of the prize is	14479
actually transferred, or placed on an account or other record as	14480
evidence of the intent to transfer the prize.	14481

(d) "Sweepstakes terminal device facility" means any location	14482
in this state where a sweepstakes terminal device is provided to a	14483
sweepstakes participant, except as provided in division (G) of	14484
section 2915.02 of the Revised Code.	14485

(BBB) "Sweepstakes" means any game, contest, advertising	14486
scheme or plan, or other promotion where consideration is not	14487
required for a person to enter to win or become eligible to	14488
receive any prize, the determination of which is based upon	14489
chance. "Sweepstakes" does not include bingo as authorized under	14490
this chapter, pari-mutuel wagering as authorized by Chapter 3769.	14491
of the Revised Code, lotteries conducted by the state lottery	14492
commission as authorized by Chapter 3770. of the Revised Code, and	14493
casino gaming as authorized by Chapter 3772. of the Revised Code.	14494

Sec. 2915.03. (A) No person, being the owner or lessee, or	14495
having custody, control, or supervision of premises, shall:	14496

(1) Use or occupy such premises for gambling in violation of	14497
section 2915.02, 2915.06, or 2915.062 or of division (E)(12) of	14498
section 3772.99 of the Revised Code;	14499

(2) Recklessly permit such premises to be used or occupied	14500
for gambling in violation of section 2915.02, 2915.06, or 2915.062	14501
or of division (E)(12) of section 3772.99 of the Revised Code.	14502

(B) Whoever violates this section is guilty of operating a	14503
gambling house, a ~~misdemeanor~~felony of the ~~first~~fifth degree. If	14504
the offender previously has been convicted of a gambling offense,	14505
operating a gambling house is a felony of the ~~fifth~~fourth degree.	14506

(C) Premises used or occupied in violation of this section	14507
constitute a nuisance subject to abatement pursuant to sections	14508
3767.01 to 3767.99 of the Revised Code.	14509

Sec. 2915.06. (A) No person shall give to another person any	14510
item described in division (VV)(1), (2), (3), or (4) of section	14511
2915.01 of the Revised Code in exchange for a noncash prize, toy,	14512
or novelty received as a reward for playing or operating a	14513
skill-based amusement machine or for a free or reduced-price game	14514
won on a skill-based amusement machine.	14515

(B) No person shall conduct, or participate in the conduct	14516
of, a skill-based amusement machine without first obtaining a	14517
license under Chapter 3772. of the Revised Code.	14518

(C) Whoever violates division (A) of this section is guilty	14519
of skill-based amusement machine prohibited conduct. A violation	14520
of division (A) of this section is a ~~misdemeanor~~felony of the	14521
~~first~~fifth degree for each redemption of a prize that is	14522
involved in the violation. If the offender previously has been	14523
convicted of a gambling offense, violation of division (A) of	14524
this section~~, a violation of that division~~ is a felony of the	14525
~~fifth~~fourth degree for each redemption of a prize that is	14526
involved in the violation. The maximum fine authorized to be	14527
imposed for a felony of the ~~fifth~~fourth degree shall be imposed	14528
upon the offender.	14529

(D) Whoever violates division (B) of this section is guilty	14530
of conducting an illegal skill-based amusement machine, a felony	14531
of the fifth degree. If the offender previously has been convicted	14532
of a gambling offense, violation of division (B) of this section	14533
is a felony of the fourth degree.	14534

(E) Premises used or occupied in violation of this section	14535
constitute a nuisance subject to abatement under Chapter 3767. of	14536
the Revised Code.	14537

Sec. 2915.061. Any regulation of skill-based amusement	14538
machines shall be governed by this chapter and Chapter 3772. of	14539
the Revised Code and not by Chapter 1345. of the Revised Code.	14540

Sec. 2915.062. (A) Except as otherwise expressly permitted	14541
by law, no person shall conduct, or participate in the conduct of,	14542
a casino game, as defined in section 3772.01 of the Revised Code,	14543
without first obtaining a license under Chapter 3772. of the	14544
Revised Code.	14545

(B) Whoever violates this section is guilty of conducting an	14546
illegal casino game, a felony of the fifth degree. If the offender	14547
previously has been convicted of a gambling offense, violation of	14548
this section is a felony of the fourth degree.	14549

(C) Premises used or occupied in violation of this section	14550
constitute a nuisance subject to abatement under Chapter 3767. of	14551
the Revised Code.	14552

Sec. 2945.402. (A) In approving a conditional release, the	14553
trial court may set any conditions on the release with respect to	14554
the treatment, evaluation, counseling, or control of the defendant	14555
or person that the court considers necessary to protect the public	14556
safety and the welfare of the defendant or person. The trial court	14557
may revoke a defendant's or person's conditional release and order	14558
reinstatement of the previous placement or reinstitutionalization	14559
at any time the conditions of the release have not been satisfied,	14560
provided that the revocation shall be in accordance with this	14561
section.	14562

(B) A conditional release is a commitment. The hearings on	14563
continued commitment as described in section 2945.401 of the	14564
Revised Code apply to a defendant or person on conditional	14565
release.	14566

(C) A person, agency, or facility that is assigned to monitor	14567
a defendant or person on conditional release immediately shall	14568
notify the trial court on learning that the defendant or person	14569
being monitored has violated the terms of the conditional release.	14570
Upon learning of any violation of the terms of the conditional	14571
release, the trial court may issue a temporary order of detention	14572
or, if necessary, an arrest warrant for the defendant or person.	14573
Within ten court days after the defendant's or person's detention	14574
or arrest, the trial court shall conduct a hearing to determine	14575
whether the conditional release should be modified or terminated.	14576
At the hearing, the defendant or person shall have the same rights	14577
as are described in division (C) of section 2945.40 of the Revised	14578
Code. The trial court may order a continuance of the ten-court-day	14579
period for no longer than ten days for good cause shown or for any	14580
period on motion of the defendant or person. If the trial court	14581
fails to conduct the hearing within the ten-court-day period and	14582
does not order a continuance in accordance with this division, the	14583
defendant or person shall be restored to the prior conditional	14584
release status.	14585

(D) The trial court shall give all parties reasonable notice	14586
of a hearing conducted under this section. At the hearing, the	14587
prosecutor shall present the case demonstrating that the defendant	14588
or person violated the terms of the conditional release. If the	14589
court finds by a preponderance of the evidence that the defendant	14590
or person violated the terms of the conditional release, the court	14591
may continue, modify, or terminate the conditional release and	14592
shall enter its order accordingly.	14593

(E)(1) If a court approves a conditional release, the court	14594
shall report the approval and information pertaining to the	14595
release to the local law enforcement agency. The local law	14596
enforcement agency shall enter the approval and information into	14597
the national crime information center supervised release file	14598
through the law enforcement automated data system. The information	14599
required by divisions (E)(1)(c) and (d) of this section shall be	14600
entered into the file's miscellaneous field. The information	14601
reported and entered shall include all of the following:	14602

(a) The name of the court providing the information;

14603

(b) The offense or offenses with which the defendant or	14604
person was charged;	14605

(c) Whether the person was found not guilty by reason of	14606
insanity or incompetent to stand trial with no substantial	14607
probability of becoming competent even with a course of treatment;	14608

(d) The reason for the conditional release;

14609

(e) Any other information required for the entry of	14610
information into the national crime information center supervised	14611
release file.	14612

(2) Information entered into the national crime information	14613
center supervised release file pursuant to this section shall	14614
remain in the file until the termination of the conditional	14615
release or commitment.	14616

(3) If a defendant or person about whom information is	14617
entered into the national crime information center supervised	14618
release file pursuant to division (E)(1) of this section has	14619
contact with a law enforcement agency after the information is	14620
entered, the agency shall report the contact to the department of	14621
mental health and addiction services and, if the terms of the	14622
release require the defendant or person to receive mental health	14623
treatment, to the person, office, or agency providing the	14624
treatment.	14625

(4) As used in division (E) of this section, "local law	14626
enforcement agency" means the police department of a municipal	14627
corporation in which the offense with which a releasee was charged	14628
allegedly occurred or, if the offense did not allegedly occur in a	14629
municipal corporation, the sheriff of the county in which the	14630
offense allegedly occurred.	14631

Sec. 3123.89. (A) Subject to section 3770.071 of the Revised	14632
Code, a child support enforcement agency that determines that an	14633
obligor who is the recipient of a lottery prize award is subject	14634
to a final and enforceable determination of default made under	14635
sections 3123.01 to 3123.07 of the Revised Code shall issue an	14636
intercept directive to the director of the state lottery	14637
commission. A copy of this intercept directive shall be sent to	14638
the obligor.	14639

(B) The intercept directive shall require the director or the	14640
director's designee to transmit an amount or amounts from the	14641
proceeds of the specified lottery prize award to the office of	14642
child support in the department of job and family services. The	14643
intercept directive also shall contain all of the following	14644
information:	14645

(1) The name, address, and social security number or taxpayer	14646
identification number of the obligor;	14647

(2) A statement that the obligor has been determined to be in	14648
default under a support order;	14649

(3) The amount of the arrearage owed by the obligor as	14650
determined by the agency.	14651

(C) After receipt of an intercept directive and in accordance	14652
with section 3770.071 of the Revised Code, the director or the	14653
director's designee shall deduct the amount or amounts specified	14654
from the proceeds of the lottery prize award referred to in the	14655
directive and transmit the amounts to the office of child support.	14656

(D) The department of job and family services shall develop	14657
and implement a data match program with the state lottery	14658
commission or its lottery sales agents to identify obligors who	14659
are subject to a final and enforceable determination of default	14660
made under sections 3123.01 to 3123.07 of the Revised Code in	14661
accordance with section 3770.071 of the Revised Code.	14662

Sec. 3123.90. (A) As used in this section, "casino	14663
facility," "casino operator," and "management company" have the	14664
meanings defined in section 3772.01 of the Revised Code.	14665

(B) The department of job and family services shall develop	14666
and implement a data match program with each casino facility's	14667
casino operator or management company to identify obligors who are	14668
subject to a final and enforceable determination of default made	14669
under sections 3123.01 to 3123.07 of the Revised Code.	14670

(C) Upon the data match program's implementation, if a	14671
person's winnings at a casino facility are an amount for which	14672
reporting to the internal revenue service of the amount is	14673
required by section 6041 of the Internal Revenue Code, as amended,	14674
the casino operator or management company shall determine if the	14675
person entitled to the winnings is in default under a support	14676
order. If the casino operator or management company determines	14677
that the person is in default, the casino operator or management	14678
company shall withhold from the person's winnings an amount	14679
sufficient to satisfy any past due support owed by the obligor	14680
identified in the data match up to the amount of the winnings.	14681

(D) Not later than seven days after withholding the amount,	14682
the casino operator or management company shall transmit any	14683
amount withheld to the department as payment on the support	14684
obligation.	14685

(E) The Department may adopt rules under Chapter 119. of the	14686
Revised Code as are necessary for implementation of this section.	14687

Sec. 3301.0714. (A) The state board of education shall adopt	14688
rules for a statewide education management information system. The	14689
rules shall require the state board to establish guidelines for	14690
the establishment and maintenance of the system in accordance with	14691
this section and the rules adopted under this section. The	14692
guidelines shall include:	14693

(1) Standards identifying and defining the types of data in	14694
the system in accordance with divisions (B) and (C) of this	14695
section;	14696

(2) Procedures for annually collecting and reporting the data	14697
to the state board in accordance with division (D) of this	14698
section;	14699

(3) Procedures for annually compiling the data in accordance	14700
with division (G) of this section;	14701

(4) Procedures for annually reporting the data to the public	14702
in accordance with division (H) of this section.	14703

(B) The guidelines adopted under this section shall require	14704
the data maintained in the education management information system	14705
to include at least the following:	14706

(1) Student participation and performance data, for each	14707
grade in each school district as a whole and for each grade in	14708
each school building in each school district, that includes:	14709

(a) The numbers of students receiving each category of	14710
instructional service offered by the school district, such as	14711
regular education instruction, vocational education instruction,	14712
specialized instruction programs or enrichment instruction that is	14713
part of the educational curriculum, instruction for gifted	14714
students, instruction for students with disabilities, and remedial	14715
instruction. The guidelines shall require instructional services	14716
under this division to be divided into discrete categories if an	14717
instructional service is limited to a specific subject, a specific	14718
type of student, or both, such as regular instructional services	14719
in mathematics, remedial reading instructional services,	14720
instructional services specifically for students gifted in	14721
mathematics or some other subject area, or instructional services	14722
for students with a specific type of disability. The categories of	14723
instructional services required by the guidelines under this	14724
division shall be the same as the categories of instructional	14725
services used in determining cost units pursuant to division	14726
(C)(3) of this section.	14727

(b) The numbers of students receiving support or	14728
extracurricular services for each of the support services or	14729
extracurricular programs offered by the school district, such as	14730
counseling services, health services, and extracurricular sports	14731
and fine arts programs. The categories of services required by the	14732
guidelines under this division shall be the same as the categories	14733
of services used in determining cost units pursuant to division	14734
(C)(4)(a) of this section.	14735

(c) Average student grades in each subject in grades nine	14736
through twelve;	14737

(d) Academic achievement levels as assessed under sections	14738
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	14739

(e) The number of students designated as having a disabling	14740
condition pursuant to division (C)(1) of section 3301.0711 of the	14741
Revised Code;	14742

(f) The numbers of students reported to the state board	14743
pursuant to division (C)(2) of section 3301.0711 of the Revised	14744
Code;	14745

(g) Attendance rates and the average daily attendance for the	14746
year. For purposes of this division, a student shall be counted as	14747
present for any field trip that is approved by the school	14748
administration.	14749

(h) Expulsion rates;

14750

(i) Suspension rates;

14751

(j) Dropout rates;

14752

(k) Rates of retention in grade;

14753

(l) For pupils in grades nine through twelve, the average	14754
number of carnegie units, as calculated in accordance with state	14755
board of education rules;	14756

(m) Graduation rates, to be calculated in a manner specified	14757
by the department of education that reflects the rate at which	14758
students who were in the ninth grade three years prior to the	14759
current year complete school and that is consistent with	14760
nationally accepted reporting requirements;	14761

(n) Results of diagnostic assessments administered to	14762
kindergarten students as required under section 3301.0715 of the	14763
Revised Code to permit a comparison of the academic readiness of	14764
kindergarten students. However, no district shall be required to	14765
report to the department the results of any diagnostic assessment	14766
administered to a kindergarten student, except for the language	14767
and reading assessment described in division (A)(2) of section	14768
3301.0715 of the Revised Code, if the parent of that student	14769
requests the district not to report those results.	14770

(2) Personnel and classroom enrollment data for each school	14771
district, including:	14772

(a) The total numbers of licensed employees and nonlicensed	14773
employees and the numbers of full-time equivalent licensed	14774
employees and nonlicensed employees providing each category of	14775
instructional service, instructional support service, and	14776
administrative support service used pursuant to division (C)(3) of	14777
this section. The guidelines adopted under this section shall	14778
require these categories of data to be maintained for the school	14779
district as a whole and, wherever applicable, for each grade in	14780
the school district as a whole, for each school building as a	14781
whole, and for each grade in each school building.	14782

(b) The total number of employees and the number of full-time	14783
equivalent employees providing each category of service used	14784
pursuant to divisions (C)(4)(a) and (b) of this section, and the	14785
total numbers of licensed employees and nonlicensed employees and	14786
the numbers of full-time equivalent licensed employees and	14787
nonlicensed employees providing each category used pursuant to	14788
division (C)(4)(c) of this section. The guidelines adopted under	14789
this section shall require these categories of data to be	14790
maintained for the school district as a whole and, wherever	14791
applicable, for each grade in the school district as a whole, for	14792
each school building as a whole, and for each grade in each school	14793
building.	14794

(c) The total number of regular classroom teachers teaching	14795
classes of regular education and the average number of pupils	14796
enrolled in each such class, in each of grades kindergarten	14797
through five in the district as a whole and in each school	14798
building in the school district.	14799

(d) The number of lead teachers employed by each school	14800
district and each school building.	14801

(3)(a) Student demographic data for each school district,	14802
including information regarding the gender ratio of the school	14803
district's pupils, the racial make-up of the school district's	14804
pupils, the number of limited English proficient students in the	14805
district, and an appropriate measure of the number of the school	14806
district's pupils who reside in economically disadvantaged	14807
households. The demographic data shall be collected in a manner to	14808
allow correlation with data collected under division (B)(1) of	14809
this section. Categories for data collected pursuant to division	14810
(B)(3) of this section shall conform, where appropriate, to	14811
standard practices of agencies of the federal government.	14812

(b) With respect to each student entering kindergarten,	14813
whether the student previously participated in a public preschool	14814
program, a private preschool program, or a head start program, and	14815
the number of years the student participated in each of these	14816
programs.	14817

(4) Any data required to be collected pursuant to federal	14818
law.	14819

(C) The education management information system shall include	14820
cost accounting data for each district as a whole and for each	14821
school building in each school district. The guidelines adopted	14822
under this section shall require the cost data for each school	14823
district to be maintained in a system of mutually exclusive cost	14824
units and shall require all of the costs of each school district	14825
to be divided among the cost units. The guidelines shall require	14826
the system of mutually exclusive cost units to include at least	14827
the following:	14828

(1) Administrative costs for the school district as a whole.	14829
The guidelines shall require the cost units under this division	14830
(C)(1) to be designed so that each of them may be compiled and	14831
reported in terms of average expenditure per pupil in formula ADM	14832
in the school district, as determined pursuant to section 3317.03	14833
of the Revised Code.	14834

(2) Administrative costs for each school building in the	14835
school district. The guidelines shall require the cost units under	14836
this division (C)(2) to be designed so that each of them may be	14837
compiled and reported in terms of average expenditure per	14838
full-time equivalent pupil receiving instructional or support	14839
services in each building.	14840

(3) Instructional services costs for each category of	14841
instructional service provided directly to students and required	14842
by guidelines adopted pursuant to division (B)(1)(a) of this	14843
section. The guidelines shall require the cost units under	14844
division (C)(3) of this section to be designed so that each of	14845
them may be compiled and reported in terms of average expenditure	14846
per pupil receiving the service in the school district as a whole	14847
and average expenditure per pupil receiving the service in each	14848
building in the school district and in terms of a total cost for	14849
each category of service and, as a breakdown of the total cost, a	14850
cost for each of the following components:	14851

(a) The cost of each instructional services category required	14852
by guidelines adopted under division (B)(1)(a) of this section	14853
that is provided directly to students by a classroom teacher;	14854

(b) The cost of the instructional support services, such as	14855
services provided by a speech-language pathologist, classroom	14856
aide, multimedia aide, or librarian, provided directly to students	14857
in conjunction with each instructional services category;	14858

(c) The cost of the administrative support services related	14859
to each instructional services category, such as the cost of	14860
personnel that develop the curriculum for the instructional	14861
services category and the cost of personnel supervising or	14862
coordinating the delivery of the instructional services category.	14863

(4) Support or extracurricular services costs for each	14864
category of service directly provided to students and required by	14865
guidelines adopted pursuant to division (B)(1)(b) of this section.	14866
The guidelines shall require the cost units under division (C)(4)	14867
of this section to be designed so that each of them may be	14868
compiled and reported in terms of average expenditure per pupil	14869
receiving the service in the school district as a whole and	14870
average expenditure per pupil receiving the service in each	14871
building in the school district and in terms of a total cost for	14872
each category of service and, as a breakdown of the total cost, a	14873
cost for each of the following components:	14874

(a) The cost of each support or extracurricular services	14875
category required by guidelines adopted under division (B)(1)(b)	14876
of this section that is provided directly to students by a	14877
licensed employee, such as services provided by a guidance	14878
counselor or any services provided by a licensed employee under a	14879
supplemental contract;	14880

(b) The cost of each such services category provided directly	14881
to students by a nonlicensed employee, such as janitorial	14882
services, cafeteria services, or services of a sports trainer;	14883

(c) The cost of the administrative services related to each	14884
services category in division (C)(4)(a) or (b) of this section,	14885
such as the cost of any licensed or nonlicensed employees that	14886
develop, supervise, coordinate, or otherwise are involved in	14887
administering or aiding the delivery of each services category.	14888

(D)(1) The guidelines adopted under this section shall	14889
require school districts to collect information about individual	14890
students, staff members, or both in connection with any data	14891
required by division (B) or (C) of this section or other reporting	14892
requirements established in the Revised Code. The guidelines may	14893
also require school districts to report information about	14894
individual staff members in connection with any data required by	14895
division (B) or (C) of this section or other reporting	14896
requirements established in the Revised Code. The guidelines shall	14897
not authorize school districts to request social security numbers	14898
of individual students. The guidelines shall prohibit the	14899
reporting under this section of a student's name, address, and	14900
social security number to the state board of education or the	14901
department of education. The guidelines shall also prohibit the	14902
reporting under this section of any personally identifiable	14903
information about any student, except for the purpose of assigning	14904
the data verification code required by division (D)(2) of this	14905
section, to any other person unless such person is employed by the	14906
school district or the information technology center operated	14907
under section 3301.075 of the Revised Code and is authorized by	14908
the district or technology center to have access to such	14909
information or is employed by an entity with which the department	14910
contracts for the scoring or the development of state assessments.	14911
The guidelines may require school districts to provide the social	14912
security numbers of individual staff members and the county of	14913
residence for a student. Nothing in this section prohibits the	14914
state board of education or department of education from providing	14915
a student's county of residence to the department of taxation to	14916
facilitate the distribution of tax revenue.	14917

(2)(a) The guidelines shall provide for each school district	14918
or community school to assign a data verification code that is	14919
unique on a statewide basis over time to each student whose	14920
initial Ohio enrollment is in that district or school and to	14921
report all required individual student data for that student	14922
utilizing such code. The guidelines shall also provide for	14923
assigning data verification codes to all students enrolled in	14924
districts or community schools on the effective date of the	14925
guidelines established under this section. The assignment of data	14926
verification codes for other entities, as described in division	14927
(D)(2)(c) of this section, the use of those codes, and the	14928
reporting and use of associated individual student data shall be	14929
coordinated by the department in accordance with state and federal	14930
law.	14931

School districts shall report individual student data to the	14932
department through the information technology centers utilizing	14933
the code. The entities described in division (D)(2)(c) of this	14934
section shall report individual student data to the department in	14935
the manner prescribed by the department.	14936

Except as provided in sections 3301.941, 3310.11, 3310.42,	14937
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	14938
shall the state board or the department have access to information	14939
that would enable any data verification code to be matched to	14940
personally identifiable student data.	14941

(b) Each school district and community school shall ensure	14942
that the data verification code is included in the student's	14943
records reported to any subsequent school district, community	14944
school, or state institution of higher education, as defined in	14945
section 3345.011 of the Revised Code, in which the student	14946
enrolls. Any such subsequent district or school shall utilize the	14947
same identifier in its reporting of data under this section.	14948

(c) The director of any state agency that administers a	14949
publicly funded program providing services to children who are	14950
younger than compulsory school age, as defined in section 3321.01	14951
of the Revised Code, including the directors of health, job and	14952
family services, mental health and addiction services, and	14953
developmental disabilities, shall request and receive, pursuant to	14954
sections 3301.0723 and 3701.62 of the Revised Code, a data	14955
verification code for a child who is receiving those services.	14956

(E) The guidelines adopted under this section may require	14957
school districts to collect and report data, information, or	14958
reports other than that described in divisions (A), (B), and (C)	14959
of this section for the purpose of complying with other reporting	14960
requirements established in the Revised Code. The other data,	14961
information, or reports may be maintained in the education	14962
management information system but are not required to be compiled	14963
as part of the profile formats required under division (G) of this	14964
section or the annual statewide report required under division (H)	14965
of this section.	14966

(F) Beginning with the school year that begins July 1, 1991,	14967
the board of education of each school district shall annually	14968
collect and report to the state board, in accordance with the	14969
guidelines established by the board, the data required pursuant to	14970
this section. A school district may collect and report these data	14971
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	14972

(G) The state board shall, in accordance with the procedures	14973
it adopts, annually compile the data reported by each school	14974
district pursuant to division (D) of this section. The state board	14975
shall design formats for profiling each school district as a whole	14976
and each school building within each district and shall compile	14977
the data in accordance with these formats. These profile formats	14978
shall:	14979

(1) Include all of the data gathered under this section in a	14980
manner that facilitates comparison among school districts and	14981
among school buildings within each school district;	14982

(2) Present the data on academic achievement levels as	14983
assessed by the testing of student achievement maintained pursuant	14984
to division (B)(1)(d) of this section.	14985

(H)(1) The state board shall, in accordance with the	14986
procedures it adopts, annually prepare a statewide report for all	14987
school districts and the general public that includes the profile	14988
of each of the school districts developed pursuant to division (G)	14989
of this section. Copies of the report shall be sent to each school	14990
district.	14991

(2) The state board shall, in accordance with the procedures	14992
it adopts, annually prepare an individual report for each school	14993
district and the general public that includes the profiles of each	14994
of the school buildings in that school district developed pursuant	14995
to division (G) of this section. Copies of the report shall be	14996
sent to the superintendent of the district and to each member of	14997
the district board of education.	14998

(3) Copies of the reports received from the state board under	14999
divisions (H)(1) and (2) of this section shall be made available	15000
to the general public at each school district's offices. Each	15001
district board of education shall make copies of each report	15002
available to any person upon request and payment of a reasonable	15003
fee for the cost of reproducing the report. The board shall	15004
annually publish in a newspaper of general circulation in the	15005
school district, at least twice during the two weeks prior to the	15006
week in which the reports will first be available, a notice	15007
containing the address where the reports are available and the	15008
date on which the reports will be available.	15009

(I) Any data that is collected or maintained pursuant to this	15010
section and that identifies an individual pupil is not a public	15011
record for the purposes of section 149.43 of the Revised Code.	15012

(J) As used in this section:

15013

(1) "School district" means any city, local, exempted	15014
village, or joint vocational school district and, in accordance	15015
with section 3314.17 of the Revised Code, any community school. As	15016
used in division (L) of this section, "school district" also	15017
includes any educational service center or other educational	15018
entity required to submit data using the system established under	15019
this section.	15020

(2) "Cost" means any expenditure for operating expenses made	15021
by a school district excluding any expenditures for debt	15022
retirement except for payments made to any commercial lending	15023
institution for any loan approved pursuant to section 3313.483 of	15024
the Revised Code.	15025

(K) Any person who removes data from the information system	15026
established under this section for the purpose of releasing it to	15027
any person not entitled under law to have access to such	15028
information is subject to section 2913.42 of the Revised Code	15029
prohibiting tampering with data.	15030

(L)(1) In accordance with division (L)(2) of this section and	15031
the rules adopted under division (L)(10) of this section, the	15032
department of education may sanction any school district that	15033
reports incomplete or inaccurate data, reports data that does not	15034
conform to data requirements and descriptions published by the	15035
department, fails to report data in a timely manner, or otherwise	15036
does not make a good faith effort to report data as required by	15037
this section.	15038

(2) If the department decides to sanction a school district	15039
under this division, the department shall take the following	15040
sequential actions:	15041

(a) Notify the district in writing that the department has	15042
determined that data has not been reported as required under this	15043
section and require the district to review its data submission and	15044
submit corrected data by a deadline established by the department.	15045
The department also may require the district to develop a	15046
corrective action plan, which shall include provisions for the	15047
district to provide mandatory staff training on data reporting	15048
procedures.	15049

(b) Withhold up to ten per cent of the total amount of state	15050
funds due to the district for the current fiscal year and, if not	15051
previously required under division (L)(2)(a) of this section,	15052
require the district to develop a corrective action plan in	15053
accordance with that division;	15054

(c) Withhold an additional amount of up to twenty per cent of	15055
the total amount of state funds due to the district for the	15056
current fiscal year;	15057

(d) Direct department staff or an outside entity to	15058
investigate the district's data reporting practices and make	15059
recommendations for subsequent actions. The recommendations may	15060
include one or more of the following actions:	15061

(i) Arrange for an audit of the district's data reporting	15062
practices by department staff or an outside entity;	15063

(ii) Conduct a site visit and evaluation of the district;

15064

(iii) Withhold an additional amount of up to thirty per cent	15065
of the total amount of state funds due to the district for the	15066
current fiscal year;	15067

(iv) Continue monitoring the district's data reporting;

15068

(v) Assign department staff to supervise the district's data	15069
management system;	15070

(vi) Conduct an investigation to determine whether to suspend	15071
or revoke the license of any district employee in accordance with	15072
division (N) of this section;	15073

(vii) If the district is issued a report card under section	15074
3302.03 of the Revised Code, indicate on the report card that the	15075
district has been sanctioned for failing to report data as	15076
required by this section;	15077

(viii) If the district is issued a report card under section	15078
3302.03 of the Revised Code and incomplete or inaccurate data	15079
submitted by the district likely caused the district to receive a	15080
higher performance rating than it deserved under that section,	15081
issue a revised report card for the district;	15082

(ix) Any other action designed to correct the district's data	15083
reporting problems.	15084

(3) Any time the department takes an action against a school	15085
district under division (L)(2) of this section, the department	15086
shall make a report of the circumstances that prompted the action.	15087
The department shall send a copy of the report to the district	15088
superintendent or chief administrator and maintain a copy of the	15089
report in its files.	15090

(4) If any action taken under division (L)(2) of this section	15091
resolves a school district's data reporting problems to the	15092
department's satisfaction, the department shall not take any	15093
further actions described by that division. If the department	15094
withheld funds from the district under that division, the	15095
department may release those funds to the district, except that if	15096
the department withheld funding under division (L)(2)(c) of this	15097
section, the department shall not release the funds withheld under	15098
division (L)(2)(b) of this section and, if the department withheld	15099
funding under division (L)(2)(d) of this section, the department	15100
shall not release the funds withheld under division (L)(2)(b) or	15101
(c) of this section.	15102

(5) Notwithstanding anything in this section to the contrary,	15103
the department may use its own staff or an outside entity to	15104
conduct an audit of a school district's data reporting practices	15105
any time the department has reason to believe the district has not	15106
made a good faith effort to report data as required by this	15107
section. If any audit conducted by an outside entity under	15108
division (L)(2)(d)(i) or (5) of this section confirms that a	15109
district has not made a good faith effort to report data as	15110
required by this section, the district shall reimburse the	15111
department for the full cost of the audit. The department may	15112
withhold state funds due to the district for this purpose.	15113

(6) Prior to issuing a revised report card for a school	15114
district under division (L)(2)(d)(viii) of this section, the	15115
department may hold a hearing to provide the district with an	15116
opportunity to demonstrate that it made a good faith effort to	15117
report data as required by this section. The hearing shall be	15118
conducted by a referee appointed by the department. Based on the	15119
information provided in the hearing, the referee shall recommend	15120
whether the department should issue a revised report card for the	15121
district. If the referee affirms the department's contention that	15122
the district did not make a good faith effort to report data as	15123
required by this section, the district shall bear the full cost of	15124
conducting the hearing and of issuing any revised report card.	15125

(7) If the department determines that any inaccurate data	15126
reported under this section caused a school district to receive	15127
excess state funds in any fiscal year, the district shall	15128
reimburse the department an amount equal to the excess funds, in	15129
accordance with a payment schedule determined by the department.	15130
The department may withhold state funds due to the district for	15131
this purpose.	15132

(8) Any school district that has funds withheld under	15133
division (L)(2) of this section may appeal the withholding in	15134
accordance with Chapter 119. of the Revised Code.	15135

(9) In all cases of a disagreement between the department and	15136
a school district regarding the appropriateness of an action taken	15137
under division (L)(2) of this section, the burden of proof shall	15138
be on the district to demonstrate that it made a good faith effort	15139
to report data as required by this section.	15140

(10) The state board of education shall adopt rules under	15141
Chapter 119. of the Revised Code to implement division (L) of this	15142
section.	15143

(M) No information technology center or school district shall	15144
acquire, change, or update its student administration software	15145
package to manage and report data required to be reported to the	15146
department unless it converts to a student software package that	15147
is certified by the department.	15148

(N) The state board of education, in accordance with sections	15149
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	15150
license as defined under division (A) of section 3319.31 of the	15151
Revised Code that has been issued to any school district employee	15152
found to have willfully reported erroneous, inaccurate, or	15153
incomplete data to the education management information system.	15154

(O) No person shall release or maintain any information about	15155
any student in violation of this section. Whoever violates this	15156
division is guilty of a misdemeanor of the fourth degree.	15157

(P) The department shall disaggregate the data collected	15158
under division (B)(1)(n) of this section according to the race and	15159
socioeconomic status of the students assessed. ~~No data collected~~	15160
~~under that division shall be included on the report cards required~~	15161
~~by section 3302.03 of the Revised Code.~~	15162

(Q) If the department cannot compile any of the information	15163
required by division (H) of section 3302.03 of the Revised Code	15164
based upon the data collected under this section, the department	15165
shall develop a plan and a reasonable timeline for the collection	15166
of any data necessary to comply with that division.	15167

Sec. 3301.0715. (A) Except as otherwise required under	15168
division (B)(1) of section 3313.608 of the Revised Code, the board	15169
of education of each city, local, and exempted village school	15170
district shall administer each applicable diagnostic assessment	15171
developed and provided to the district in accordance with section	15172
3301.079 of the Revised Code to the following:	15173

(1) Any student who transfers into the district or to a	15174
different school within the district if each applicable diagnostic	15175
assessment was not administered by the district or school the	15176
student previously attended in the current school year, within	15177
thirty days after the date of transfer. If the district or school	15178
into which the student transfers cannot determine whether the	15179
student has taken any applicable diagnostic assessment in the	15180
current school year, the district or school may administer the	15181
diagnostic assessment to the student. However, if a student	15182
transfers into the district prior to the administration of the	15183
diagnostic assessments to all students under division (B) of this	15184
section, the district may administer the diagnostic assessments to	15185
that student on the date or dates determined under that division.	15186

(2)~~(a) Prior to July 1, 2014, each kindergarten student, not~~	15187
~~earlier than four weeks prior to the first day of school and not~~	15188
~~later than the first day of October.~~	15189

~~(b) Beginning July 1, 2014, each~~Each kindergarten student,	15190
not earlier than the first day of the school year and not later	15191
than the first day of November, except that the language and	15192
reading skills portion of the assessment shall be administered by	15193
the thirtieth day of September to fulfill the requirements of	15194
division (B) of section 3313.608 of the Revised Code.	15195

For the purpose of division (A)(2) of this section, the	15196
district shall administer the kindergarten readiness assessment	15197
provided by the department of education. In no case shall the	15198
results of the readiness assessment be used to prohibit a student	15199
from enrolling in kindergarten.	15200

(3) Each student enrolled in first, second, or third grade.

15201

Division (A) of this section does not apply to students with	15202
significant cognitive disabilities, as defined by the department	15203
of education.	15204

(B) Each district board shall administer each diagnostic	15205
assessment when the board deems appropriate, provided the	15206
administration complies with section 3313.608 of the Revised Code.	15207
However, the board shall administer any diagnostic assessment at	15208
least once annually to all students in the appropriate grade	15209
level. A district board may administer any diagnostic assessment	15210
in the fall and spring of a school year to measure the amount of	15211
academic growth attributable to the instruction received by	15212
students during that school year.	15213

(C) Any district that received ~~an excellent or effective~~	15214
~~rating~~a grade of "A" or "B" for the performance index score under	15215
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section 3302.03 of	15216
the Revised Code or for the value-added progress dimension under	15217
division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of	15218
the Revised Code for the immediately preceding school year,	15219
~~pursuant to section 3302.03 of the Revised Code as it existed~~	15220
~~prior to March 22, 2013, or the equivalent of such rating as~~	15221
~~determined by the department of education,~~ may use different	15222
diagnostic assessments from those adopted under division (D) of	15223
section 3301.079 of the Revised Code in order to satisfy the	15224
requirements of division (A)~~(2)~~(3) of this section.	15225

(D) Each district board shall utilize and score any	15226
diagnostic assessment administered under division (A) of this	15227
section in accordance with rules established by the department.	15228
After the administration of any diagnostic assessment, each	15229
district shall provide a student's completed diagnostic	15230
assessment, the results of such assessment, and any other	15231
accompanying documents used during the administration of the	15232
assessment to the parent of that student, and shall include all	15233
such documents and information in any plan developed for the	15234
student under division (C) of section 3313.608 of the Revised	15235
Code. Each district shall submit to the department, in the manner	15236
the department prescribes, the results of the diagnostic	15237
assessments administered under this section, regardless of the	15238
type of assessment used under section 3313.608 of the Revised	15239
Code. The department may issue reports with respect to the data	15240
collected. The department may report school and district level	15241
kindergarten diagnostic assessment data and use diagnostic	15242
assessment data to calculate the measure prescribed by divisions	15243
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.	15244

(E) Each district board shall provide intervention services	15245
to students whose diagnostic assessments show that they are	15246
failing to make satisfactory progress toward attaining the	15247
academic standards for their grade level.	15248

Sec. 3302.03. Annually, not later than the fifteenth day of	15249
September or the preceding Friday when that day falls on a	15250
Saturday or Sunday, the department of education shall assign a	15251
letter grade for overall academic performance and for each	15252
separate performance measure for each school district, and each	15253
school building in a district, in accordance with this section.	15254
The state board shall adopt rules pursuant to Chapter 119. of the	15255
Revised Code to establish performance criteria for each letter	15256
grade and prescribe a method by which the department assigns each	15257
letter grade. For a school building to which any of the	15258
performance measures do not apply, due to grade levels served by	15259
the building, the state board shall designate the performance	15260
measures that are applicable to the building and that must be	15261
calculated separately and used to calculate the building's overall	15262
grade. The department shall issue annual report cards reflecting	15263
the performance of each school district, each building within each	15264
district, and for the state as a whole using the performance	15265
measures and letter grade system described in this section. The	15266
department shall include on the report card for each district and	15267
each building within each district the most recent two-year trend	15268
data in student achievement for each subject and each grade.	15269

(A)(1) For the 2012-2013 school year, the department shall	15270
issue grades as described in division (E) of this section for each	15271
of the following performance measures:	15272

(a) Annual measurable objectives;

15273

(b) Performance index score for a school district or	15274
building. Grades shall be awarded as a percentage of the total	15275
possible points on the performance index system as adopted by the	15276
state board. In adopting benchmarks for assigning letter grades	15277
under division (A)(1)(b) of this section, the state board of	15278
education shall designate ninety per cent or higher for an "A," at	15279
least seventy per cent but not more than eighty per cent for a	15280
"C," and less than fifty per cent for an "F."	15281

(c) The extent to which the school district or building meets	15282
each of the applicable performance indicators established by the	15283
state board under section 3302.02 of the Revised Code and the	15284
percentage of applicable performance indicators that have been	15285
achieved. In adopting benchmarks for assigning letter grades under	15286
division (A)(1)(c) of this section, the state board shall	15287
designate ninety per cent or higher for an "A."	15288

(d) The four- and five-year adjusted cohort graduation rates.

15289

In adopting benchmarks for assigning letter grades under	15290
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	15291
department shall designate a four-year adjusted cohort graduation	15292
rate of ninety-three per cent or higher for an "A" and a five-year	15293
cohort graduation rate of ninety-five per cent or higher for an	15294
"A."	15295

(e) The overall score under the value-added progress	15296
dimension of a school district or building, for which the	15297
department shall use up to three years of value-added data as	15298
available. The letter grade assigned for this growth measure shall	15299
be as follows:	15300

(i) A score that is at least two standard errors of measure	15301
above the mean score shall be designated as an "A."	15302

(ii) A score that is at least one standard error of measure	15303
but less than two standard errors of measure above the mean score	15304
shall be designated as a "B."	15305

(iii) A score that is less than one standard error of measure	15306
above the mean score but greater than or equal to one standard	15307
error of measure below the mean score shall be designated as a	15308
"C."	15309

(iv) A score that is not greater than one standard error of	15310
measure below the mean score but is greater than or equal to two	15311
standard errors of measure below the mean score shall be	15312
designated as a "D."	15313

(v) A score that is not greater than two standard errors of	15314
measure below the mean score shall be designated as an "F."	15315

Whenever the value-added progress dimension is used as a	15316
graded performance measure, whether as an overall measure or as a	15317
measure of separate subgroups, the grades for the measure shall be	15318
calculated in the same manner as prescribed in division (A)(1)(e)	15319
of this section.	15320

(f) The value-added progress dimension score for a school	15321
district or building disaggregated for each of the following	15322
subgroups: students identified as gifted, students with	15323
disabilities, and students whose performance places them in the	15324
lowest quintile for achievement on a statewide basis. Each	15325
subgroup shall be a separate graded measure.	15326

(2) Not later than April 30, 2013, the state board of	15327
education shall adopt a resolution describing the performance	15328
measures, benchmarks, and grading system for the 2012-2013 school	15329
year and, not later than June 30, 2013, shall adopt rules in	15330
accordance with Chapter 119. of the Revised Code that prescribe	15331
the methods by which the performance measures under division	15332
(A)(1) of this section shall be assessed and assigned a letter	15333
grade, including performance benchmarks for each letter grade.	15334

At least forty-five days prior to the state board's adoption	15335
of rules to prescribe the methods by which the performance	15336
measures under division (A)(1) of this section shall be assessed	15337
and assigned a letter grade, the department shall conduct a public	15338
presentation before the standing committees of the house of	15339
representatives and the senate that consider education legislation	15340
describing such methods, including performance benchmarks.	15341

(3) There shall not be an overall letter grade for a school	15342
district or building for the 2012-2013 school year.	15343

(B)(1) For the 2013-2014 school year, the department shall	15344
issue grades as described in division (E) of this section for each	15345
of the following performance measures:	15346

(a) Annual measurable objectives;

15347

(b) Performance index score for a school district or	15348
building. Grades shall be awarded as a percentage of the total	15349
possible points on the performance index system as created by the	15350
department. In adopting benchmarks for assigning letter grades	15351
under division (B)(1)(b) of this section, the state board shall	15352
designate ninety per cent or higher for an "A," at least seventy	15353
per cent but not more than eighty per cent for a "C," and less	15354
than fifty per cent for an "F."	15355

(c) The extent to which the school district or building meets	15356
each of the applicable performance indicators established by the	15357
state board under section 3302.03 of the Revised Code and the	15358
percentage of applicable performance indicators that have been	15359
achieved. In adopting benchmarks for assigning letter grades under	15360
division (B)(1)(c) of this section, the state board shall	15361
designate ninety per cent or higher for an "A."	15362

(d) The four- and five-year adjusted cohort graduation rates;

15363

(e) The overall score under the value-added progress	15364
dimension of a school district or building, for which the	15365
department shall use up to three years of value-added data as	15366
available.	15367

(f) The value-added progress dimension score for a school	15368
district or building disaggregated for each of the following	15369
subgroups: students identified as gifted in superior cognitive	15370
ability and specific academic ability fields under Chapter 3324.	15371
of the Revised Code, students with disabilities, and students	15372
whose performance places them in the lowest quintile for	15373
achievement on a statewide basis. Each subgroup shall be a	15374
separate graded measure.	15375

(g) Whether a school district or building is making progress	15376
in improving literacy in grades kindergarten through three, as	15377
determined using a method prescribed by the state board. The state	15378
board shall adopt rules to prescribe benchmarks and standards for	15379
assigning grades to districts and buildings for purposes of	15380
division (B)(1)(g) of this section. In adopting benchmarks for	15381
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	15382
this section, the state board shall determine progress made based	15383
on the reduction in the percentage of students scoring below grade	15384
level, or below proficient, compared from year to year on the	15385
reading and writing diagnostic assessments administered under	15386
section 3301.0715 of the Revised Code and the third grade English	15387
language arts assessment under section 3301.0710 of the Revised	15388
Code, as applicable. The state board shall designate for a "C"	15389
grade a value that is not lower than the statewide average value	15390
for this measure. No grade shall be issued under divisions	15391
(B)(1)(g) and (C)(1)(g) of this section for a district or building	15392
in which less than five per cent of students have scored below	15393
grade level on the diagnostic assessment administered to students	15394
in kindergarten under division (B)(1) of section 3313.608 of the	15395
Revised Code.	15396

(2) In addition to the graded measures in division (B)(1) of	15397
this section, the department shall include on a school district's	15398
or building's report card all of the following without an assigned	15399
letter grade:	15400

(a) The percentage of students enrolled in a district or	15401
building participating in advanced placement classes and the	15402
percentage of those students who received a score of three or	15403
better on advanced placement examinations;	15404

(b) The number of a district's or building's students who	15405
have earned at least three college credits through dual enrollment	15406
or advanced standing programs, such as the post-secondary	15407
enrollment options program under Chapter 3365. of the Revised Code	15408
and state-approved career-technical courses offered through dual	15409
enrollment or statewide articulation, that appear on a student's	15410
transcript or other official document, either of which is issued	15411
by the institution of higher education from which the student	15412
earned the college credit. The credits earned that are reported	15413
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not	15414
include any that are remedial or developmental and shall include	15415
those that count toward the curriculum requirements established	15416
for completion of a degree.	15417

(c) The percentage of students enrolled in a district or	15418
building who have taken a national standardized test used for	15419
college admission determinations and the percentage of those	15420
students who are determined to be remediation-free in accordance	15421
with standards adopted under division (F) of section 3345.061 of	15422
the Revised Code;	15423

(d) The percentage of the district's or the building's	15424
students who receive industry credentials. The state board shall	15425
adopt criteria for acceptable industry credentials.	15426

(e) The percentage of students enrolled in a district or	15427
building who are participating in an international baccalaureate	15428
program and the percentage of those students who receive a score	15429
of four or better on the international baccalaureate examinations.	15430

(f) The percentage of the district's or building's students	15431
who receive an honors diploma under division (B) of section	15432
3313.61 of the Revised Code.	15433

(3) Not later than December 31, 2013, the state board shall	15434
adopt rules in accordance with Chapter 119. of the Revised Code	15435
that prescribe the methods by which the performance measures under	15436
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	15437
and assigned a letter grade, including performance benchmarks for	15438
each grade.	15439

At least forty-five days prior to the state board's adoption	15440
of rules to prescribe the methods by which the performance	15441
measures under division (B)(1) of this section shall be assessed	15442
and assigned a letter grade, the department shall conduct a public	15443
presentation before the standing committees of the house of	15444
representatives and the senate that consider education legislation	15445
describing such methods, including performance benchmarks.	15446

(4) There shall not be an overall letter grade for a school	15447
district or building for the 2013-2014 school year.	15448

(C)(1) For the 2014-2015 school year and each school year	15449
thereafter, the department shall issue grades as described in	15450
division (E) of this section for each of the following performance	15451
measures and an overall letter grade based on an aggregate of	15452
those measures:	15453

(a) Annual measurable objectives;

15454

(b) Performance index score for a school district or	15455
building. Grades shall be awarded as a percentage of the total	15456
possible points on the performance index system as created by the	15457
department. In adopting benchmarks for assigning letter grades	15458
under division (C)(1)(b) of this section, the state board shall	15459
designate ninety per cent or higher for an "A," at least seventy	15460
per cent but not more than eighty per cent for a "C," and less	15461
than fifty per cent for an "F."	15462

(c) The extent to which the school district or building meets	15463
each of the applicable performance indicators established by the	15464
state board under section 3302.03 of the Revised Code and the	15465
percentage of applicable performance indicators that have been	15466
achieved. In adopting benchmarks for assigning letter grades under	15467
division (C)(1)(c) of this section, the state board shall	15468
designate ninety per cent or higher for an "A."	15469

(d) The four- and five-year adjusted cohort graduation rates;

15470

(e) The overall score under the value-added progress	15471
dimension, or another measure of student academic progress if	15472
adopted by the state board, of a school district or building, for	15473
which the department shall use up to three years of value-added	15474
data as available.	15475

In adopting benchmarks for assigning letter grades for	15476
overall score on value-added progress dimension under division	15477
(C)(1)(e) of this section, the state board shall prohibit the	15478
assigning of a grade of "A" for that measure unless the district's	15479
or building's grade assigned for value-added progress dimension	15480
for all subgroups under division (C)(1)(f) of this section is a	15481
"B" or higher.	15482

For the metric prescribed by division (C)(1)(e) of this	15483
section, the state board may adopt a student academic progress	15484
measure to be used instead of the value-added progress dimension.	15485
If the state board adopts such a measure, it also shall prescribe	15486
a method for assigning letter grades for the new measure that is	15487
comparable to the method prescribed in division (A)(1)(e) of this	15488
section.	15489

(f) The value-added progress dimension score of a school	15490
district or building disaggregated for each of the following	15491
subgroups: students identified as gifted in superior cognitive	15492
ability and specific academic ability fields under Chapter 3324.	15493
of the Revised Code, students with disabilities, and students	15494
whose performance places them in the lowest quintile for	15495
achievement on a statewide basis, as determined by a method	15496
prescribed by the state board. Each subgroup shall be a separate	15497
graded measure.	15498

The state board may adopt student academic progress measures	15499
to be used instead of the value-added progress dimension. If the	15500
state board adopts such measures, it also shall prescribe a method	15501
for assigning letter grades for the new measures that is	15502
comparable to the method prescribed in division (A)(1)(e) of this	15503
section.	15504

(g) Whether a school district or building is making progress	15505
in improving literacy in grades kindergarten through three, as	15506
determined using a method prescribed by the state board. The state	15507
board shall adopt rules to prescribe benchmarks and standards for	15508
assigning grades to a district or building for purposes of	15509
division (C)(1)(g) of this section. The state board shall	15510
designate for a "C" grade a value that is not lower than the	15511
statewide average value for this measure. No grade shall be issued	15512
under division (C)(1)(g) of this section for a district or	15513
building in which less than five per cent of students have scored	15514
below grade level on the kindergarten diagnostic assessment under	15515
division (B)(1) of section 3313.608 of the Revised Code.	15516

(2) In addition to the graded measures in division (C)(1) of	15517
this section, the department shall include on a school district's	15518
or building's report card all of the following without an assigned	15519
letter grade:	15520

(a) The percentage of students enrolled in a district or	15521
building who have taken a national standardized test used for	15522
college admission determinations and the percentage of those	15523
students who are determined to be remediation-free in accordance	15524
with the standards adopted under division (F) of section 3345.061	15525
of the Revised Code;	15526

(b) The percentage of students enrolled in a district or	15527
building participating in advanced placement classes and the	15528
percentage of those students who received a score of three or	15529
better on advanced placement examinations;	15530

(c) The number of a district's or building's students who	15531
have earned at least three college credits through ~~dual enrollment~~	15532
advanced standing programs, such as the ~~post-secondary enrollment~~	15533
~~options~~college credit plus program under Chapter 3365. of the	15534
Revised Code and state-approved career-technical courses offered	15535
through dual enrollment or statewide articulation, that appear on	15536
a student's transcript or other official document, either of which	15537
is issued by the institution of higher education from which the	15538
student earned the college credit. The credits earned that are	15539
reported under divisions (B)(2)(b) and (C)(2)(c) of this section	15540
shall not include any that are remedial or developmental and shall	15541
include those that count toward the curriculum requirements	15542
established for completion of a degree.	15543

(d) The percentage of the district's or building's students	15544
who receive an honor's diploma under division (B) of section	15545
3313.61 of the Revised Code;	15546

(e) The percentage of the district's or building's students	15547
who receive industry credentials;	15548

(f) The percentage of students enrolled in a district or	15549
building who are participating in an international baccalaureate	15550
program and the percentage of those students who receive a score	15551
of four or better on the international baccalaureate examinations;	15552

(g) The results of the college and career-ready assessments	15553
administered under division (B)(1) of section 3301.0712 of the	15554
Revised Code.	15555

(3) The state board shall adopt rules pursuant to Chapter	15556
119. of the Revised Code that establish a method to assign an	15557
overall grade for a school district or school building for the	15558
2014-2015 school year and each school year thereafter. The rules	15559
shall group the performance measures in divisions (C)(1) and (2)	15560
of this section into the following components:	15561

(a) Gap closing, which shall include the performance measure	15562
in division (C)(1)(a) of this section;	15563

(b) Achievement, which shall include the performance measures	15564
in divisions (C)(1)(b) and (c) of this section;	15565

(c) Progress, which shall include the performance measures in	15566
divisions (C)(1)(e) and (f) of this section;	15567

(d) Graduation, which shall include the performance measure	15568
in division (C)(1)(d) of this section;	15569

(e) Kindergarten through third-grade literacy, which shall	15570
include the performance measure in division (C)(1)(g) of this	15571
section;	15572

(f) Prepared for success, which shall include the performance	15573
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	15574
this section. The state board shall develop a method to determine	15575
a grade for the component in division (C)(3)(f) of this section	15576
using the performance measures in divisions (C)(2)(a), (b), (c),	15577
(d), (e), and (f) of this section. When available, the state board	15578
may incorporate the performance measure under division (C)(2)(g)	15579
of this section into the component under division (C)(3)(f) of	15580
this section. When determining the overall grade for the prepared	15581
for success component prescribed by division (C)(3)(f) of this	15582
section, no individual student shall be counted in more than one	15583
performance measure. However, if a student qualifies for more than	15584
one performance measure in the component, the state board may, in	15585
its method to determine a grade for the component, specify an	15586
additional weight for such a student that is not greater than or	15587
equal to 1.0. In determining the overall score under division	15588
(C)(3)(f) of this section, the state board shall ensure that the	15589
pool of students included in the performance measures aggregated	15590
under that division are all of the students included in the four-	15591
and five-year adjusted graduation cohort.	15592

In the rules adopted under division (C)(3) of this section,	15593
the state board shall adopt a method for determining a grade for	15594
each component in divisions (C)(3)(a) to (f) of this section. The	15595
state board also shall establish a method to assign an overall	15596
grade of "A," "B," "C," "D," or "F" using the grades assigned for	15597
each component. The method the state board adopts for assigning an	15598
overall grade shall give equal weight to the components in	15599
divisions (C)(3)(b) and (c) of this section.	15600

At least forty-five days prior to the state board's adoption	15601
of rules to prescribe the methods for calculating the overall	15602
grade for the report card, as required by this division, the	15603
department shall conduct a public presentation before the standing	15604
committees of the house of representatives and the senate that	15605
consider education legislation describing the format for the	15606
report card, weights that will be assigned to the components of	15607
the overall grade, and the method for calculating the overall	15608
grade.	15609

(D) Not later than July 1, 2015, the state board shall	15610
develop a measure of student academic progress for high school	15611
students. Beginning with the report card for the 2015-2016 school	15612
year, each school district and applicable school building shall be	15613
assigned a separate letter grade for this measure and the	15614
district's or building's grade for that measure shall be included	15615
in determining the district's or building's overall letter grade.	15616
This measure shall be included within the measure prescribed in	15617
division (C)(3)(c) of this section in the calculation for the	15618
overall letter grade.	15619

(E) The letter grades assigned to a school district or	15620
building under this section shall be as follows:	15621

(1) "A" for a district or school making excellent progress;

15622

(2) "B" for a district or school making above average	15623
progress;	15624

(3) "C" for a district or school making average progress;

15625

(4) "D" for a district or school making below average	15626
progress;	15627

(5) "F" for a district or school failing to meet minimum	15628
progress.	15629

(F) When reporting data on student achievement and progress,	15630
the department shall disaggregate that data according to the	15631
following categories:	15632

(1) Performance of students by grade-level;

15633

(2) Performance of students by race and ethnic group;

15634

(3) Performance of students by gender;

15635

(4) Performance of students grouped by those who have been	15636
enrolled in a district or school for three or more years;	15637

(5) Performance of students grouped by those who have been	15638
enrolled in a district or school for more than one year and less	15639
than three years;	15640

(6) Performance of students grouped by those who have been	15641
enrolled in a district or school for one year or less;	15642

(7) Performance of students grouped by those who are	15643
economically disadvantaged;	15644

(8) Performance of students grouped by those who are enrolled	15645
in a conversion community school established under Chapter 3314.	15646
of the Revised Code;	15647

(9) Performance of students grouped by those who are	15648
classified as limited English proficient;	15649

(10) Performance of students grouped by those who have	15650
disabilities;	15651

(11) Performance of students grouped by those who are	15652
classified as migrants;	15653

(12) Performance of students grouped by those who are	15654
identified as gifted in superior cognitive ability and the	15655
specific academic ability fields of reading and math pursuant to	15656
Chapter 3324. of the Revised Code. In disaggregating specific	15657
academic ability fields for gifted students, the department shall	15658
use data for those students with specific academic ability in math	15659
and reading. If any other academic field is assessed, the	15660
department shall also include data for students with specific	15661
academic ability in that field as well.	15662

(13) Performance of students grouped by those who perform in	15663
the lowest quintile for achievement on a statewide basis, as	15664
determined by a method prescribed by the state board.	15665

The department may disaggregate data on student performance	15666
according to other categories that the department determines are	15667
appropriate. To the extent possible, the department shall	15668
disaggregate data on student performance according to any	15669
combinations of two or more of the categories listed in divisions	15670
(F)(1) to (13) of this section that it deems relevant.	15671

In reporting data pursuant to division (F) of this section,	15672
the department shall not include in the report cards any data	15673
statistical in nature that is statistically unreliable or that	15674
could result in the identification of individual students. For	15675
this purpose, the department shall not report student performance	15676
data for any group identified in division (F) of this section that	15677
contains less than ten students. If the department does not report	15678
student performance data for a group because it contains less than	15679
ten students, the department shall indicate on the report card	15680
that is why data was not reported.	15681

(G) The department may include with the report cards any	15682
additional education and fiscal performance data it deems	15683
valuable.	15684

(H) The department shall include on each report card a list	15685
of additional information collected by the department that is	15686
available regarding the district or building for which the report	15687
card is issued. When available, such additional information shall	15688
include student mobility data disaggregated by race and	15689
socioeconomic status, college enrollment data, and the reports	15690
prepared under section 3302.031 of the Revised Code.	15691

The department shall maintain a site on the world wide web.	15692
The report card shall include the address of the site and shall	15693
specify that such additional information is available to the	15694
public at that site. The department shall also provide a copy of	15695
each item on the list to the superintendent of each school	15696
district. The district superintendent shall provide a copy of any	15697
item on the list to anyone who requests it.	15698

(I) Division (I) of this section does not apply to conversion	15699
community schools that primarily enroll students between sixteen	15700
and twenty-two years of age who dropped out of high school or are	15701
at risk of dropping out of high school due to poor attendance,	15702
disciplinary problems, or suspensions.	15703

(1) For any district that sponsors a conversion community	15704
school under Chapter 3314. of the Revised Code, the department	15705
shall combine data regarding the academic performance of students	15706
enrolled in the community school with comparable data from the	15707
schools of the district for the purpose of determining the	15708
performance of the district as a whole on the report card issued	15709
for the district under this section or section 3302.033 of the	15710
Revised Code.	15711

(2) Any district that leases a building to a community school	15712
located in the district or that enters into an agreement with a	15713
community school located in the district whereby the district and	15714
the school endorse each other's programs may elect to have data	15715
regarding the academic performance of students enrolled in the	15716
community school combined with comparable data from the schools of	15717
the district for the purpose of determining the performance of the	15718
district as a whole on the district report card. Any district that	15719
so elects shall annually file a copy of the lease or agreement	15720
with the department.	15721

(3) Any municipal school district, as defined in section	15722
3311.71 of the Revised Code, that sponsors a community school	15723
located within the district's territory, or that enters into an	15724
agreement with a community school located within the district's	15725
territory whereby the district and the community school endorse	15726
each other's programs, may exercise either or both of the	15727
following elections:	15728

(a) To have data regarding the academic performance of	15729
students enrolled in that community school combined with	15730
comparable data from the schools of the district for the purpose	15731
of determining the performance of the district as a whole on the	15732
district's report card;	15733

(b) To have the number of students attending that community	15734
school noted separately on the district's report card.	15735

The election authorized under division (I)(3)(a) of this	15736
section is subject to approval by the governing authority of the	15737
community school.	15738

Any municipal school district that exercises an election to	15739
combine or include data under division (I)(3) of this section, by	15740
the first day of October of each year, shall file with the	15741
department documentation indicating eligibility for that election,	15742
as required by the department.	15743

(J) The department shall include on each report card the	15744
percentage of teachers in the district or building who are highly	15745
qualified, as defined by the "No Child Left Behind Act of 2001,"	15746
and a comparison of that percentage with the percentages of such	15747
teachers in similar districts and buildings.	15748

(K)(1) In calculating English language arts, mathematics,	15749
social studies, or science assessment passage rates used to	15750
determine school district or building performance under this	15751
section, the department shall include all students taking an	15752
assessment with accommodation or to whom an alternate assessment	15753
is administered pursuant to division (C)(1) or (3) of section	15754
3301.0711 of the Revised Code.	15755

(2) In calculating performance index scores, rates of	15756
achievement on the performance indicators established by the state	15757
board under section 3302.02 of the Revised Code, and annual	15758
measurable objectives for determining adequate yearly progress for	15759
school districts and buildings under this section, the department	15760
shall do all of the following:	15761

(a) Include for each district or building only those students	15762
who are included in the ADM certified for the first full school	15763
week of October and are continuously enrolled in the district or	15764
building through the time of the spring administration of any	15765
assessment prescribed by division (A)(1) or (B)(1) of section	15766
3301.0710 of the Revised Code that is administered to the	15767
student's grade level;	15768

(b) Include cumulative totals from both the fall and spring	15769
administrations of the third grade English language arts	15770
achievement assessment;	15771

(c) Except as required by the "No Child Left Behind Act of	15772
2001," exclude for each district or building any limited English	15773
proficient student who has been enrolled in United States schools	15774
for less than one full school year.	15775

(L) Beginning with the 2015-2016 school year and at least	15776
once every three years thereafter, the state board of education	15777
shall review and may adjust the benchmarks for assigning letter	15778
grades to the performance measures and components prescribed under	15779
divisions (C)(3) and (D) of this section.	15780

Sec. 3302.10. (A) ~~Beginning July 1, 2007, the superintendent~~	15781
~~of public instruction shall establish an academic distress~~	15782
~~commission for each~~(1) Subject to division (A)(2) of this	15783
section, any school district that meets any combination of the	15784
following conditions for two of the three ~~or more consecutive~~most	15785
recent years shall be subject to the establishment of an academic	15786
distress commission:	15787

~~(1)~~(a) The district has been declared to be in a state of	15788
academic emergency under section 3302.03 of the Revised Code, as	15789
that section existed prior to ~~the effective date of this amendment~~	15790
March 22, 2013, and has failed to make adequate yearly progress;.	15791

~~(2)~~(b) The district has received a grade of "F" for the	15792
performance index score and a grade of "D" or "F" for the	15793
value-added progress dimension of section 3302.03 of the Revised	15794
Code;for the 2013-2014 school year.	15795

~~(3)~~(c) The district has received an overall grade of "F"	15796
under division (C)~~(2) or a grade of "F" for the value-added~~	15797
~~progress dimension under division (C)(1)(e)~~(3) of section 3302.03	15798
of the Revised Code;	15799

~~(4) At least fifty per cent of the schools operated by the~~	15800
~~district have received an overall grade of "D" or "F" under~~	15801
~~division (C)(3) of section 3302.03 of the Revised Code~~.	15802

(d) The district's academic performance makes it subject to	15803
the most severe level of state intervention as specified by the	15804
most recent "Elementary and Secondary Education Act" waiver issued	15805
to the state by the United States department of education.	15806

(2) A school district that meets any of the conditions	15807
prescribed in division (A)(1) of this section but has received on	15808
the report card issued for the most recent school year a grade of	15809
"A" or "B" on at least two components prescribed under division	15810
(C)(3) of section 3302.03 of the Revised Code shall not be subject	15811
to the establishment of an academic distress commission for the	15812
following school year.	15813

(B) Each commission shall assist the district for which it	15814
was established in improving the district's academic performance.	15815

Each commission is a body both corporate and politic,	15816
constituting an agency and instrumentality of the state and	15817
performing essential governmental functions of the state. A	15818
commission shall be known as the "academic distress commission for	15819
............... (name of school district)," and, in that name, may	15820
exercise all authority vested in such a commission by this	15821
section. A separate commission shall be established for each	15822
school district to which this division applies.	15823

~~(B)~~(C) Each academic distress commission shall consist of	15824
five voting members, three of whom shall be appointed by the	15825
superintendent of public instruction and two of whom shall be	15826
residents of the applicable school district appointed by the	15827
president of the district board of education. When a school	15828
district becomes subject to this section, the superintendent of	15829
public instruction shall provide written notification of that fact	15830
to the district board of education and shall request the president	15831
of the district board to submit to the superintendent of public	15832
instruction, in writing, the names of the president's appointees	15833
to the commission. The superintendent of public instruction and	15834
the president of the district board shall make appointments to the	15835
commission within thirty days after the district is notified that	15836
it is subject to this section.	15837

Members of the commission shall serve at the pleasure of	15838
their appointing authority during the life of the commission. In	15839
the event of the death, resignation, incapacity, removal, or	15840
ineligibility to serve of a member, the appointing authority shall	15841
appoint a successor within fifteen days after the vacancy occurs.	15842
Members shall serve without compensation, but shall be paid by the	15843
commission their necessary and actual expenses incurred while	15844
engaged in the business of the commission.	15845

~~(C)~~(D) Immediately after appointment of the initial members	15846
of an academic distress commission, the superintendent of public	15847
instruction shall call the first meeting of the commission and	15848
shall cause written notice of the time, date, and place of that	15849
meeting to be given to each member of the commission at least	15850
forty-eight hours in advance of the meeting. The first meeting	15851
shall include an overview of the commission's roles and	15852
responsibilities, the requirements of section 2921.42 and Chapter	15853
102. of the Revised Code as they pertain to commission members,	15854
the requirements of section 121.22 of the Revised Code, and the	15855
provisions of division ~~(F)~~(H) of this section. At its first	15856
meeting, the commission shall adopt temporary bylaws in accordance	15857
with division ~~(D)~~(F) of this section to govern its operations	15858
until the adoption of permanent bylaws.	15859

(E) The superintendent of public instruction shall designate	15860
a chairperson for the commission from among the members appointed	15861
by the superintendent. The chairperson shall call and conduct	15862
meetings, set meeting agendas, and serve as a liaison between the	15863
commission and the district board of education. The chairperson	15864
also shall appoint a secretary, who shall not be a member of the	15865
commission.	15866

The department of education shall provide administrative	15867
support for the commission, provide data requested by the	15868
commission, and inform the commission of available state resources	15869
that could assist the commission in its work.	15870

~~(D)~~(F) Each academic distress commission may adopt and alter	15871
bylaws and rules, which shall not be subject to section 111.15 or	15872
Chapter 119. of the Revised Code, for the conduct of its affairs	15873
and for the manner, subject to this section, in which its powers	15874
and functions shall be exercised and embodied.	15875

~~(E)~~(G) Three members of an academic distress commission	15876
constitute a quorum of the commission. The affirmative vote of	15877
three members of the commission is necessary for any action taken	15878
by vote of the commission. No vacancy in the membership of the	15879
commission shall impair the rights of a quorum by such vote to	15880
exercise all the rights and perform all the duties of the	15881
commission. Members of the commission are not disqualified from	15882
voting by reason of the functions of any other office they hold	15883
and are not disqualified from exercising the functions of the	15884
other office with respect to the school district, its officers, or	15885
the commission.	15886

~~(F)~~(H) The members of an academic distress commission, the	15887
superintendent of public instruction, and any person authorized to	15888
act on behalf of or assist them shall not be personally liable or	15889
subject to any suit, judgment, or claim for damages resulting from	15890
the exercise of or failure to exercise the powers, duties, and	15891
functions granted to them in regard to their functioning under	15892
this section, but the commission, superintendent of public	15893
instruction, and such other persons shall be subject to mandamus	15894
proceedings to compel performance of their duties under this	15895
section.	15896

~~(G)~~(I) Each member of an academic distress commission shall	15897
file the statement described in section 102.02 of the Revised Code	15898
with the Ohio ethics commission. The statement shall be	15899
confidential, subject to review, as described in division (B) of	15900
that section.	15901

~~(H)~~(J) Meetings of each academic distress commission shall be	15902
subject to section 121.22 of the Revised Code.	15903

~~(I)~~(K)(1) Within one hundred twenty days after the first	15904
meeting of an academic distress commission, the commission shall	15905
adopt an academic recovery plan to improve academic performance in	15906
the school district. The plan shall address academic problems at	15907
both the district and school levels. The plan shall include the	15908
following:	15909

(a) Short-term and long-term actions to be taken to improve	15910
the district's academic performance, including any actions	15911
required by section 3302.04 or 3302.041 of the Revised Code;	15912

(b) The sequence and timing of the actions described in	15913
division ~~(I)~~(K)(1)(a) of this section and the persons responsible	15914
for implementing the actions;	15915

(c) Resources that will be applied toward improvement	15916
efforts;	15917

(d) Procedures for monitoring and evaluating improvement	15918
efforts;	15919

(e) Requirements for reporting to the commission and the	15920
district board of education on the status of improvement efforts.	15921

(2) The commission may amend the academic recovery plan	15922
subsequent to adoption. The commission shall update the plan at	15923
least annually.	15924

(3) The commission shall submit the academic recovery plan it	15925
adopts or updates to the superintendent of public instruction for	15926
approval immediately following its adoption or updating. The	15927
superintendent shall evaluate the plan and either approve or	15928
disapprove it within thirty days after its submission. If the plan	15929
is disapproved, the superintendent shall recommend modifications	15930
that will render it acceptable. No academic distress commission	15931
shall implement an academic recovery plan unless the	15932
superintendent has approved it.	15933

(4) County, state, and school district officers and employees	15934
shall assist the commission diligently and promptly in the	15935
implementation of the academic recovery plan.	15936

~~(J)~~(L) Each academic distress commission shall seek input	15937
from the district board of education regarding ways to improve the	15938
district's academic performance, but any decision of the	15939
commission related to any authority granted to the commission	15940
under this section shall be final.	15941

The commission may do any of the following:

15942

(1) Appoint school building administrators and reassign	15943
administrative personnel;	15944

(2) Terminate the contracts of administrators or	15945
administrative personnel. The commission shall not be required to	15946
comply with section 3319.16 of the Revised Code with respect to	15947
any contract terminated under this division.	15948

(3) Contract with a private entity to perform school or	15949
district management functions;	15950

(4) Establish a budget for the district and approve district	15951
appropriations and expenditures, unless a financial planning and	15952
supervision commission has been established for the district	15953
pursuant to section 3316.05 of the Revised Code.	15954

~~(K)~~(M) If the board of education of a district for which an	15955
academic distress commission has been established under this	15956
section renews any collective bargaining agreement under Chapter	15957
4117. of the Revised Code during the existence of the commission,	15958
the district board shall not enter into any agreement that would	15959
render any decision of the commission unenforceable. Section	15960
3302.08 of the Revised Code does not apply to this division.	15961

Notwithstanding any provision to the contrary in Chapter	15962
4117. of the Revised Code, if the board of education has entered	15963
into a collective bargaining agreement after September 29, 2005,	15964
that contains stipulations relinquishing one or more of the rights	15965
or responsibilities listed in division (C) of section 4117.08 of	15966
the Revised Code, those stipulations are not enforceable and the	15967
district board shall resume holding those rights or	15968
responsibilities as if it had not relinquished them in that	15969
agreement until such time as both the academic distress commission	15970
ceases to exist and the district board agrees to relinquish those	15971
rights or responsibilities in a new collective bargaining	15972
agreement. The provisions of this paragraph apply to a collective	15973
bargaining agreement entered into after September 29, 2005, and	15974
those provisions are deemed to be part of that agreement	15975
regardless of whether the district satisfied the conditions	15976
prescribed in division (A) of this section at the time the	15977
district entered into that agreement.	15978

~~(L)~~(N)(1) An academic distress commission shall cease to	15979
exist when the district for which it was established ~~receives a~~	15980
~~performance rating of in need of continuous improvement or better,~~	15981
~~under section 3302.03 of the Revised Code as that section existed~~	15982
~~prior to the effective date of this amendment, or a~~has received,	15983
on two of the three most recent report cards, any combination of	15984
the following:	15985

(a) A grade of "C" or better for both the performance index	15986
score under division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and the	15987
value-added progress dimension under division (A)(1)(e),	15988
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code ~~for~~	15989
~~two of the three prior school years; however, the~~;	15990

(b) An overall grade of "C" or better under division (C)(3)	15991
of section 3302.03 of the Revised Code;	15992

(c) A level of academic performance such that the school	15993
district is no longer subject to the most severe level of state	15994
intervention as described in division (A)(1)(d) of this section.	15995

(2) The superintendent of public instruction may dissolve the	15996
commission earlier than as prescribed by division (N)(1) of this	15997
section if the superintendent determines that the district can	15998
perform adequately without the supervision of the commission. Upon	15999
termination of the commission, the department of education shall	16000
compile a final report of the commission's activities to assist	16001
other academic distress commissions in the conduct of their	16002
functions.	16003

Sec. 3313.372. (A) As used in this section, "energy	16004
conservation measure" means an installation or modification of an	16005
installation in, or remodeling of, a building, to reduce energy	16006
consumption. It includes:	16007

(1) Insulation of the building structure and systems within	16008
the building;	16009

(2) Storm windows and doors, multiglazed windows and doors,	16010
heat absorbing or heat reflective glazed and coated window and	16011
door systems, additional glazing, reductions in glass area, and	16012
other window and door system modifications that reduce energy	16013
consumption;	16014

(3) Automatic energy control systems;

16015

(4) Heating, ventilating, or air conditioning system	16016
modifications or replacements;	16017

(5) Caulking and weatherstripping;

16018

(6) Replacement or modification of lighting fixtures to	16019
increase the energy efficiency of the system without increasing	16020
the overall illumination of a facility, unless such increase in	16021
illumination is necessary to conform to the applicable state or	16022
local building code for the proposed lighting system;	16023

(7) Energy recovery systems;

16024

(8) Cogeneration systems that produce steam or forms of	16025
energy such as heat, as well as electricity, for use primarily	16026
within a building or complex of buildings;	16027

(9) Any other modification, installation, or remodeling	16028
approved by the Ohio school facilities commission as an energy	16029
conservation measure.	16030

(B) A board of education of a city, exempted village, local,	16031
or joint vocational school district may enter into an installment	16032
payment contract for the purchase and installation of energy	16033
conservation measures. The provisions of such installment payment	16034
contracts dealing with interest charges and financing terms shall	16035
not be subject to the competitive bidding requirements of section	16036
3313.46 of the Revised Code, and shall be on the following terms:	16037

(1) Not less than one-fifteenth of the costs thereof shall be	16038
paid within two years from the date of purchase.	16039

(2) The remaining balance of the costs thereof shall be paid	16040
within fifteen years from the date of purchase.	16041

The provisions of any installment payment contract entered	16042
into pursuant to this section shall provide that all payments,	16043
except payments for repairs and obligations on termination of the	16044
contract prior to its expiration, ~~be stated as a percentage of~~	16045
shall not exceed the calculated energy, water, or waste water cost	16046
savings, avoided operating costs, and avoided capital costs	16047
attributable to the one or more measures over a defined period of	16048
time. Those payments shall be made only to the extent that the	16049
savings described in this division actually occur. The contractor	16050
shall warrant and guarantee that the energy conservation measures	16051
shall realize guaranteed savings and shall be responsible to pay	16052
an amount equal to any savings shortfall.	16053

An installment payment contract entered into by a board of	16054
education under this section shall require the board to contract	16055
in accordance with division (A) of section 3313.46 of the Revised	16056
Code for the installation, modification, or remodeling of energy	16057
conservation measures unless division (A) of section 3313.46 of	16058
the Revised Code does not apply pursuant to division (B)(3) of	16059
that section, in which case the contract shall be awarded through	16060
a competitive selection process pursuant to rules adopted by the	16061
school facilities commission.	16062

An installment payment contract entered into by a board of	16063
education under this section may include services for measurement	16064
and verification of energy savings associated with the guarantee.	16065
The annual cost of measurement and verification services shall not	16066
exceed ten per cent of the guaranteed savings in any year of the	16067
installment payment contract.	16068

(C) The board may issue the notes of the school district	16069
signed by the president and the treasurer of the board and	16070
specifying the terms of the purchase and securing the deferred	16071
payments provided in this section, payable at the times provided	16072
and bearing interest at a rate not exceeding the rate determined	16073
as provided in section 9.95 of the Revised Code. The notes may	16074
contain an option for prepayment and shall not be subject to	16075
Chapter 133. of the Revised Code. In the resolution authorizing	16076
the notes, the board may provide, without the vote of the electors	16077
of the district, for annually levying and collecting taxes in	16078
amounts sufficient to pay the interest on and retire the notes,	16079
except that the total net indebtedness of the district without a	16080
vote of the electors incurred under this and all other sections of	16081
the Revised Code, except section 3318.052 of the Revised Code,	16082
shall not exceed one per cent of the district's tax valuation.	16083
Revenues derived from local taxes or otherwise, for the purpose of	16084
conserving energy or for defraying the current operating expenses	16085
of the district, may be applied to the payment of interest and the	16086
retirement of such notes. The notes may be sold at private sale or	16087
given to the contractor under the installment payment contract	16088
authorized by division (B) of this section.	16089

(D) Debt incurred under this section shall not be included in	16090
the calculation of the net indebtedness of a school district under	16091
section 133.06 of the Revised Code.	16092

(E) No school district board shall enter into an installment	16093
payment contract under division (B) of this section unless it	16094
first obtains a report of the costs of the energy conservation	16095
measures and the savings thereof as described under division (G)	16096
of section 133.06 of the Revised Code as a requirement for issuing	16097
energy securities, makes a finding that the amount spent on such	16098
measures is not likely to exceed the amount of money it would save	16099
in energy costs and resultant operational and maintenance costs as	16100
described in that division, except that that finding shall cover	16101
the ensuing fifteen years, and the ~~Ohio~~ school facilities	16102
commission determines that the district board's findings are	16103
reasonable and approves the contract as described in that	16104
division.	16105

The district board shall monitor the savings and maintain a	16106
report of those savings, which shall be submitted to the	16107
commission in the same manner as required by division (G) of	16108
section 133.06 of the Revised Code in the case of energy	16109
securities.	16110

Sec. 3313.6013. (A) As used in this section, "~~dual enrollment~~	16111
advanced standing program" means a program that enables a student	16112
to earn credit toward a degree from an institution of higher	16113
education while enrolled in high school or that enables a student	16114
to complete coursework while enrolled in high school that may earn	16115
credit toward a degree from an institution of higher education	16116
upon the student's attainment of a specified score on an	16117
examination covering the coursework. ~~Dual enrollment~~Advanced	16118
standing programs may include any of the following:	16119

(1) The ~~post-secondary enrollment options~~college credit plus	16120
program established under Chapter 3365. of the Revised Code;	16121

(2) Advanced placement courses;

16122

(3) ~~Any similar program established pursuant to an agreement~~	16123
~~between a school district or chartered nonpublic high school and~~	16124
~~an institution of higher education~~International baccalaureate	16125
diploma courses;	16126

(4) Early college high ~~schools~~school programs.

16127

(B) Each city, local, exempted village, and joint vocational	16128
school district and each chartered nonpublic high school shall	16129
provide students enrolled in grades nine through twelve with the	16130
opportunity to participate in ~~a dual enrollment~~an advanced	16131
standing program. For this purpose, each school district and	16132
chartered nonpublic high school shall offer at least one ~~dual~~	16133
~~enrollment~~advanced standing program in accordance with division	16134
(B)(1) or (2) of this section, as applicable.	16135

(1) A city, local, or exempted village school district meets	16136
the requirements of this division through its mandatory	16137
participation in the ~~post-secondary enrollment options~~college	16138
credit plus program established under Chapter 3365. of the Revised	16139
Code. However, a city, local, or exempted village school district	16140
may offer any other ~~dual enrollment~~advanced standing program, in	16141
addition to the ~~post-secondary enrollment options~~college credit	16142
plus program, and each joint vocational school district shall	16143
offer at least one other ~~dual enrollment~~advanced standing	16144
program, to students in good standing, as defined by the	16145
partnership for continued learning under section 3301.42 of the	16146
Revised Code as it existed prior to October 16, 2009, or as	16147
subsequently defined by the department of education.	16148

(2) A chartered nonpublic high school that elects to	16149
participate in the ~~post-secondary enrollment options~~college	16150
credit plus program established under Chapter 3365. of the Revised	16151
Code meets the requirements of this division. Each chartered	16152
nonpublic high school that elects not to participate in the	16153
~~post-secondary enrollment options~~college credit plus program	16154
instead shall offer at least one other ~~dual enrollment~~advanced	16155
standing program to students in good standing, as defined by the	16156
partnership for continued learning under section 3301.42 of the	16157
Revised Code as it existed prior to October 16, 2009, or as	16158
subsequently defined by the department of education.	16159

(C) Each school district and each chartered nonpublic high	16160
school shall provide information about the ~~dual enrollment~~	16161
advanced standing programs offered by the district or school to	16162
all students enrolled in grades eight through eleven.	16163

(D) NoExcept for the college credit plus program as	16164
described in division (A)(1) of this section, no city, local,	16165
exempted village, and joint vocational school district shall	16166
charge an enrolled student an additional fee or tuition for	16167
participation in any ~~dual enrollment~~advanced standing program	16168
offered by the district. Students may be required to pay the costs	16169
associated with taking an advanced placement or international	16170
baccalaureate examination.	16171

(E) Any agreement between a school district or school and an	16172
associated college, as defined in section 3365.10 of the Revised	16173
Code, governing the operation of an early college high school	16174
program shall be subject to the requirements of the college credit	16175
plus program, with the following exceptions:	16176

(1) Any aspect of the agreement that does not relate to the	16177
conferral of transcripted credit, as defined in section 3365.01 of	16178
the Revised Code, shall not be subject to the requirements of the	16179
college credit plus program.	16180

(2) If the early college high school program began operating	16181
prior to July 1, 2014, the agreement shall not be subject to the	16182
requirements of the college credit plus program until the later of	16183
the date on which the existing agreement expires or July 1, 2015.	16184

(3) If the district, school, or associated college obtains a	16185
waiver for the agreement under section 3365.10 of the Revised	16186
Code, the agreement shall not be subject to the requirements of	16187
the college credit plus program.	16188

(4) If the district, school, or associated college operating	16189
the early college high school program was granted an award under	16190
Section 263.325 of Am. Sub. H.B. 59 of the 130th general assembly	16191
for the 2014-2015 school year, as the lead applicant on the grant	16192
or as part of a consortium, for a project involving the	16193
establishment or expansion of an early college high school, the	16194
agreement shall not be subject to the requirements of the college	16195
credit plus program during the period of time for which the	16196
project is funded by the grant award under that section.	16197

The college credit plus program shall not govern any advanced	16198
placement course or international baccalaureate diploma course as	16199
described under this section.	16200

(F) As used in this section, "early college high school	16201
program" means a program operated by a school district or school	16202
and an associated college, as defined in section 3365.10 of the	16203
Revised Code, that provides a personalized learning plan, which is	16204
based on accelerated curriculum and includes both high school and	16205
college-level coursework, and enables the following students to	16206
earn a high school diploma and an associate degree, or the	16207
equivalent number of transcripted credits, upon successful	16208
completion of the program:	16209

(1) Students who are underrepresented in regard to completing	16210
post-secondary education;	16211

(2) Students who are economically disadvantaged, as defined	16212
by the department of education;	16213

(3) Students whose parents did not earn a college degree.

16214

Sec. 3313.603. (A) As used in this section:

16215

(1) "One unit" means a minimum of one hundred twenty hours of	16216
course instruction, except that for a laboratory course, "one	16217
unit" means a minimum of one hundred fifty hours of course	16218
instruction.	16219

(2) "One-half unit" means a minimum of sixty hours of course	16220
instruction, except that for physical education courses, "one-half	16221
unit" means a minimum of one hundred twenty hours of course	16222
instruction.	16223

(B) Beginning September 15, 2001, except as required in	16224
division (C) of this section and division (C) of section 3313.614	16225
of the Revised Code, the requirements for graduation from every	16226
high school shall include twenty units earned in grades nine	16227
through twelve and shall be distributed as follows:	16228

(1) English language arts, four units;

16229

(2) Health, one-half unit;

16230

(3) Mathematics, three units;

16231

(4) Physical education, one-half unit;

16232

(5) Science, two units until September 15, 2003, and three	16233
units thereafter, which at all times shall include both of the	16234
following:	16235

(a) Biological sciences, one unit;

16236

(b) Physical sciences, one unit.

16237

(6) History and government, one unit, which shall comply with	16238
division (M) of this section and shall include both of the	16239
following:	16240

(a) American history, one-half unit;

16241

(b) American government, one-half unit.

16242

(7) Social studies, two units.

16243

(8) Elective units, seven units until September 15, 2003, and	16244
six units thereafter.	16245

Each student's electives shall include at least one unit, or	16246
two half units, chosen from among the areas of	16247
business/technology, fine arts, and/or foreign language.	16248

(C) Beginning with students who enter ninth grade for the	16249
first time on or after July 1, 2010, except as provided in	16250
divisions (D) to (F) of this section, the requirements for	16251
graduation from every public and chartered nonpublic high school	16252
shall include twenty units that are designed to prepare students	16253
for the workforce and college. The units shall be distributed as	16254
follows:	16255

(1) English language arts, four units;

16256

(2) Health, one-half unit, which shall include instruction in	16257
nutrition and the benefits of nutritious foods and physical	16258
activity for overall health;	16259

(3) Mathematics, four units, which shall include one unit of	16260
algebra II or the equivalent of algebra II;	16261

(4) Physical education, one-half unit;

16262

(5) Science, three units with inquiry-based laboratory	16263
experience that engages students in asking valid scientific	16264
questions and gathering and analyzing information, which shall	16265
include the following, or their equivalent:	16266

(a) Physical sciences, one unit;

16267

(b) Life sciences, one unit;

16268

(c) Advanced study in one or more of the following sciences,	16269
one unit:	16270

(i) Chemistry, physics, or other physical science;

16271

(ii) Advanced biology or other life science;

16272

(iii) Astronomy, physical geology, or other earth or space	16273
science.	16274

(6) History and government, one unit, which shall comply with	16275
division (M) of this section and shall include both of the	16276
following:	16277

(a) American history, one-half unit;

16278

(b) American government, one-half unit.

16279

(7) Social studies, two units.

16280

Each school shall integrate the study of economics and	16281
financial literacy, as expressed in the social studies academic	16282
content standards adopted by the state board of education under	16283
division (A)(1) of section 3301.079 of the Revised Code and the	16284
academic content standards for financial literacy and	16285
entrepreneurship adopted under division (A)(2) of that section,	16286
into one or more existing social studies credits required under	16287
division (C)(7) of this section, or into the content of another	16288
class, so that every high school student receives instruction in	16289
those concepts. In developing the curriculum required by this	16290
paragraph, schools shall use available public-private partnerships	16291
and resources and materials that exist in business, industry, and	16292
through the centers for economics education at institutions of	16293
higher education in the state.	16294

(8) Five units consisting of one or any combination of	16295
foreign language, fine arts, business, career-technical education,	16296
family and consumer sciences, technology, agricultural education,	16297
a junior reserve officer training corps (JROTC) program approved	16298
by the congress of the United States under title 10 of the United	16299
States Code, or English language arts, mathematics, science, or	16300
social studies courses not otherwise required under division (C)	16301
of this section.	16302

Ohioans must be prepared to apply increased knowledge and	16303
skills in the workplace and to adapt their knowledge and skills	16304
quickly to meet the rapidly changing conditions of the	16305
twenty-first century. National studies indicate that all high	16306
school graduates need the same academic foundation, regardless of	16307
the opportunities they pursue after graduation. The goal of Ohio's	16308
system of elementary and secondary education is to prepare all	16309
students for and seamlessly connect all students to success in	16310
life beyond high school graduation, regardless of whether the next	16311
step is entering the workforce, beginning an apprenticeship,	16312
engaging in post-secondary training, serving in the military, or	16313
pursuing a college degree.	16314

The Ohio core curriculum is the standard expectation for all	16315
students entering ninth grade for the first time at a public or	16316
chartered nonpublic high school on or after July 1, 2010. A	16317
student may satisfy this expectation through a variety of methods,	16318
including, but not limited to, integrated, applied,	16319
career-technical, and traditional coursework.	16320

Whereas teacher quality is essential for student success in	16321
completing the Ohio core curriculum, the general assembly shall	16322
appropriate funds for strategic initiatives designed to strengthen	16323
schools' capacities to hire and retain highly qualified teachers	16324
in the subject areas required by the curriculum. Such initiatives	16325
are expected to require an investment of $120,000,000 over five	16326
years.	16327

Stronger coordination between high schools and institutions	16328
of higher education is necessary to prepare students for more	16329
challenging academic endeavors and to lessen the need for academic	16330
remediation in college, thereby reducing the costs of higher	16331
education for Ohio's students, families, and the state. The state	16332
board and the chancellor of the Ohio board of regents shall	16333
develop policies to ensure that only in rare instances will	16334
students who complete the Ohio core curriculum require academic	16335
remediation after high school.	16336

School districts, community schools, and chartered nonpublic	16337
schools shall integrate technology into learning experiences	16338
across the curriculum in order to maximize efficiency, enhance	16339
learning, and prepare students for success in the	16340
technology-driven twenty-first century. Districts and schools	16341
shall use distance and web-based course delivery as a method of	16342
providing or augmenting all instruction required under this	16343
division, including laboratory experience in science. Districts	16344
and schools shall utilize technology access and electronic	16345
learning opportunities provided by the broadcast educational media	16346
commission, chancellor, the Ohio learning network, education	16347
technology centers, public television stations, and other public	16348
and private providers.	16349

(D) Except as provided in division (E) of this section, a	16350
student who enters ninth grade on or after July 1, 2010, and	16351
before July 1, ~~2014~~2016, may qualify for graduation from a public	16352
or chartered nonpublic high school even though the student has not	16353
completed the Ohio core curriculum prescribed in division (C) of	16354
this section if all of the following conditions are satisfied:	16355

(1) After the student has attended high school for two years,	16356
as determined by the school, the student and the student's parent,	16357
guardian, or custodian sign and file with the school a written	16358
statement asserting the parent's, guardian's, or custodian's	16359
consent to the student's graduating without completing the Ohio	16360
core curriculum and acknowledging that one consequence of not	16361
completing the Ohio core curriculum is ineligibility to enroll in	16362
most state universities in Ohio without further coursework.	16363

(2) The student and parent, guardian, or custodian fulfill	16364
any procedural requirements the school stipulates to ensure the	16365
student's and parent's, guardian's, or custodian's informed	16366
consent and to facilitate orderly filing of statements under	16367
division (D)(1) of this section.	16368

(3) The student and the student's parent, guardian, or	16369
custodian and a representative of the student's high school	16370
jointly develop ~~an individual career~~a student success plan for	16371
the student under division (C)(1) of section 3313.6015 of the	16372
Revised Code that specifies the student matriculating to a	16373
two-year degree program, acquiring a business and industry	16374
credential, or entering an apprenticeship.	16375

(4) The student's high school provides counseling and support	16376
for the student related to the plan developed under division	16377
(D)(3) of this section during the remainder of the student's high	16378
school experience.	16379

(5) The student successfully completes, at a minimum, the	16380
curriculum prescribed in division (B) of this section.	16381

The department of education, in collaboration with the	16382
chancellor, shall analyze student performance data to determine if	16383
there are mitigating factors that warrant extending the exception	16384
permitted by division (D) of this section to high school classes	16385
beyond those entering ninth grade before July 1, ~~2014~~2016. The	16386
department shall submit its findings and any recommendations not	16387
later than August 1, ~~2014~~2016, to the speaker and minority leader	16388
of the house of representatives, the president and minority leader	16389
of the senate, the chairpersons and ranking minority members of	16390
the standing committees of the house of representatives and the	16391
senate that consider education legislation, the state board of	16392
education, and the superintendent of public instruction.	16393

(E) Each school district and chartered nonpublic school	16394
retains the authority to require an even more rigorous minimum	16395
curriculum for high school graduation than specified in division	16396
(B) or (C) of this section. A school district board of education,	16397
through the adoption of a resolution, or the governing authority	16398
of a chartered nonpublic school may stipulate any of the	16399
following:	16400

(1) A minimum high school curriculum that requires more than	16401
twenty units of academic credit to graduate;	16402

(2) An exception to the district's or school's minimum high	16403
school curriculum that is comparable to the exception provided in	16404
division (D) of this section but with additional requirements,	16405
which may include a requirement that the student successfully	16406
complete more than the minimum curriculum prescribed in division	16407
(B) of this section;	16408

(3) That no exception comparable to that provided in division	16409
(D) of this section is available.	16410

(F) A student enrolled in a dropout prevention and recovery	16411
program, which program has received a waiver from the department,	16412
may qualify for graduation from high school by successfully	16413
completing a competency-based instructional program administered	16414
by the dropout prevention and recovery program in lieu of	16415
completing the Ohio core curriculum prescribed in division (C) of	16416
this section. The department shall grant a waiver to a dropout	16417
prevention and recovery program, within sixty days after the	16418
program applies for the waiver, if the program meets all of the	16419
following conditions:	16420

(1) The program serves only students not younger than sixteen	16421
years of age and not older than twenty-one years of age.	16422

(2) The program enrolls students who, at the time of their	16423
initial enrollment, either, or both, are at least one grade level	16424
behind their cohort age groups or experience crises that	16425
significantly interfere with their academic progress such that	16426
they are prevented from continuing their traditional programs.	16427

(3) The program requires students to attain at least the	16428
applicable score designated for each of the assessments prescribed	16429
under division (B)(1) of section 3301.0710 of the Revised Code or,	16430
to the extent prescribed by rule of the state board under division	16431
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	16432
of that section.	16433

(4) The program develops ~~an individual career~~a student	16434
success plan for the student under division (C)(1) of section	16435
3313.6015 of the Revised Code that specifies the student's	16436
matriculating to a two-year degree program, acquiring a business	16437
and industry credential, or entering an apprenticeship.	16438

(5) The program provides counseling and support for the	16439
student related to the plan developed under division (F)(4) of	16440
this section during the remainder of the student's high school	16441
experience.	16442

(6) The program requires the student and the student's	16443
parent, guardian, or custodian to sign and file, in accordance	16444
with procedural requirements stipulated by the program, a written	16445
statement asserting the parent's, guardian's, or custodian's	16446
consent to the student's graduating without completing the Ohio	16447
core curriculum and acknowledging that one consequence of not	16448
completing the Ohio core curriculum is ineligibility to enroll in	16449
most state universities in Ohio without further coursework.	16450

(7) Prior to receiving the waiver, the program has submitted	16451
to the department an instructional plan that demonstrates how the	16452
academic content standards adopted by the state board under	16453
section 3301.079 of the Revised Code will be taught and assessed.	16454

(8) Prior to receiving the waiver, the program has submitted	16455
to the department a policy on career advising that satisfies the	16456
requirements of section 3313.6015 of the Revised Code, with an	16457
emphasis on how every student will receive career advising.	16458

(9) Prior to receiving the waiver, the program has submitted	16459
to the department a written agreement outlining the future	16460
cooperation between the program and any combination of local job	16461
training, postsecondary education, nonprofit, and health and	16462
social service organizations to provide services for students in	16463
the program and their families.	16464

Divisions (F)(8) and (9) of this section apply only to	16465
waivers granted on or after the effective date of this amendment.	16466

If the department does not act either to grant the waiver or	16467
to reject the program application for the waiver within sixty days	16468
as required under this section, the waiver shall be considered to	16469
be granted.	16470

(G) Every high school may permit students below the ninth	16471
grade to take advanced work. If a high school so permits, it shall	16472
award high school credit for successful completion of the advanced	16473
work and shall count such advanced work toward the graduation	16474
requirements of division (B) or (C) of this section if the	16475
advanced work was both:	16476

(1) Taught by a person who possesses a license or certificate	16477
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	16478
Code that is valid for teaching high school;	16479

(2) Designated by the board of education of the city, local,	16480
or exempted village school district, the board of the cooperative	16481
education school district, or the governing authority of the	16482
chartered nonpublic school as meeting the high school curriculum	16483
requirements.	16484

Each high school shall record on the student's high school	16485
transcript all high school credit awarded under division (G) of	16486
this section. In addition, if the student completed a seventh- or	16487
eighth-grade fine arts course described in division (K) of this	16488
section and the course qualified for high school credit under that	16489
division, the high school shall record that course on the	16490
student's high school transcript.	16491

(H) The department shall make its individual academic career	16492
plan available through its Ohio career information system web site	16493
for districts and schools to use as a tool for communicating with	16494
and providing guidance to students and families in selecting high	16495
school courses.	16496

(I) Units earned in English language arts, mathematics,	16497
science, and social studies that are delivered through integrated	16498
academic and career-technical instruction are eligible to meet the	16499
graduation requirements of division (B) or (C) of this section.	16500

(J) The state board, in consultation with the chancellor,	16501
shall adopt a statewide plan implementing methods for students to	16502
earn units of high school credit based on a demonstration of	16503
subject area competency, instead of or in combination with	16504
completing hours of classroom instruction. The state board shall	16505
adopt the plan not later than March 31, 2009, and commence phasing	16506
in the plan during the 2009-2010 school year. The plan shall	16507
include a standard method for recording demonstrated proficiency	16508
on high school transcripts. Each school district and community	16509
school shall comply with the state board's plan adopted under this	16510
division and award units of high school credit in accordance with	16511
the plan. The state board may adopt existing methods for earning	16512
high school credit based on a demonstration of subject area	16513
competency as necessary prior to the 2009-2010 school year.	16514

(K) This division does not apply to students who qualify for	16515
graduation from high school under division (D) or (F) of this	16516
section, or to students pursuing a career-technical instructional	16517
track as determined by the school district board of education or	16518
the chartered nonpublic school's governing authority.	16519
Nevertheless, the general assembly encourages such students to	16520
consider enrolling in a fine arts course as an elective.	16521

Beginning with students who enter ninth grade for the first	16522
time on or after July 1, 2010, each student enrolled in a public	16523
or chartered nonpublic high school shall complete two semesters or	16524
the equivalent of fine arts to graduate from high school. The	16525
coursework may be completed in any of grades seven to twelve. Each	16526
student who completes a fine arts course in grade seven or eight	16527
may elect to count that course toward the five units of electives	16528
required for graduation under division (C)(8) of this section, if	16529
the course satisfied the requirements of division (G) of this	16530
section. In that case, the high school shall award the student	16531
high school credit for the course and count the course toward the	16532
five units required under division (C)(8) of this section. If the	16533
course in grade seven or eight did not satisfy the requirements of	16534
division (G) of this section, the high school shall not award the	16535
student high school credit for the course but shall count the	16536
course toward the two semesters or the equivalent of fine arts	16537
required by this division.	16538

(L) Notwithstanding anything to the contrary in this section,	16539
the board of education of each school district and the governing	16540
authority of each chartered nonpublic school may adopt a policy to	16541
excuse from the high school physical education requirement each	16542
student who, during high school, has participated in	16543
interscholastic athletics, marching band, or cheerleading for at	16544
least two full seasons or in the junior reserve officer training	16545
corps for at least two full school years. If the board or	16546
authority adopts such a policy, the board or authority shall not	16547
require the student to complete any physical education course as a	16548
condition to graduate. However, the student shall be required to	16549
complete one-half unit, consisting of at least sixty hours of	16550
instruction, in another course of study. In the case of a student	16551
who has participated in the junior reserve officer training corps	16552
for at least two full school years, credit received for that	16553
participation may be used to satisfy the requirement to complete	16554
one-half unit in another course of study.	16555

(M) It is important that high school students learn and	16556
understand United States history and the governments of both the	16557
United States and the state of Ohio. Therefore, beginning with	16558
students who enter ninth grade for the first time on or after July	16559
1, 2012, the study of American history and American government	16560
required by divisions (B)(6) and (C)(6) of this section shall	16561
include the study of all of the following documents:	16562

(1) The Declaration of Independence;

16563

(2) The Northwest Ordinance;

16564

(3) The Constitution of the United States with emphasis on	16565
the Bill of Rights;	16566

(4) The Ohio Constitution.

16567

The study of each of the documents prescribed in divisions	16568
(M)(1) to (4) of this section shall include study of that document	16569
in its original context.	16570

The study of American history and government required by	16571
divisions (B)(6) and (C)(6) of this section shall include the	16572
historical evidence of the role of documents such as the	16573
Federalist Papers and the Anti-Federalist Papers to firmly	16574
establish the historical background leading to the establishment	16575
of the provisions of the Constitution and Bill of Rights.	16576

Sec. 3313.6015. (A)(1) Beginning in the 2014-2015 school	16577
year, the board of education of each city, local, exempted	16578
village, and joint vocational school district shall adopt a policy	16579
on career advising that complies with this section. Thereafter,	16580
the policy shall be updated at least once every two years.	16581

(2) The board shall make the policy publicly available to	16582
students, parents, guardians, or custodians, local post-secondary	16583
institutions, and residents of the district. The district shall	16584
post the policy in a prominent location on its web site, if it has	16585
one.	16586

(B) The policy on career advising shall specify how the	16587
district will do all of the following:	16588

(1) Provide students with grade-level examples that link	16589
their schoolwork to one or more career fields. A district may use	16590
career connections developed under division (B)(2) of section	16591
3301.079 of the Revised Code for this purpose.	16592

(2) Create a plan to provide career advising to students in	16593
grades six through twelve;	16594

(3) Provide additional interventions and career advising for	16595
students who are identified as at risk of dropping out of school	16596
in accordance with division (C) of this section;	16597

(4) Train its employees on how to advise students on career	16598
pathways, including training on advising students using online	16599
tools;	16600

(5) Develop multiple, clear academic pathways through high	16601
school that students may choose in order to earn a high school	16602
diploma;	16603

(6) Identify and publicize courses that can award students	16604
both traditional academic and career-technical credit;	16605

(7) Document the career advising provided to each student for	16606
review by the student, the student's parent, guardian, or	16607
custodian, and future schools that the student may attend. A	16608
district shall not otherwise release this information without the	16609
written consent of the student's parent, guardian, or custodian,	16610
if the student is less than eighteen years old, or the written	16611
consent of the student, if the student is at least eighteen years	16612
old.	16613

(8) Prepare students for their transition from high school to	16614
their post-secondary destinations, including any special	16615
interventions that are necessary for students in need of	16616
remediation in mathematics or English language arts.	16617

(C)(1) Each district shall identify students who are at risk	16618
of dropping out of school using a method that is both	16619
research-based and locally-based. If a student is identified as at	16620
risk of dropping out of school, the district shall develop a	16621
student success plan that addresses the student's academic pathway	16622
to a successful graduation and the role of career-technical	16623
education, competency-based education, and experiential learning,	16624
as appropriate, in that pathway.	16625

(2) Prior to developing a student success plan for a student,	16626
the district shall invite the student's parent, guardian, or	16627
custodian to assist in developing the plan. If the student's	16628
parent, guardian, or custodian does not participate in the	16629
development of the plan, the district shall provide to the parent,	16630
guardian, or custodian a copy of the student's success plan and a	16631
statement of the importance of a high school diploma and the	16632
academic pathways available to the student in order to	16633
successfully graduate.	16634

(3) Following the development of a student success plan for a	16635
student, the district shall provide career advising to the student	16636
that is aligned with the plan and the district's plan to provide	16637
career advising created under division (B)(2) of this section.	16638

(D) Not later than September 30, 2014, the department of	16639
education shall develop and post on its web site model policies on	16640
career advising and model student success plans.	16641

Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,	16642
the department of education shall administer a pilot program	16643
requiring daily physical activity for students. Any school	16644
district; community school established under Chapter 3314. of the	16645
Revised Code; science, technology, engineering, and mathematics	16646
school established under Chapter 3326. of the Revised Code; or	16647
chartered nonpublic school annually may elect to participate in	16648
the pilot program by notifying the department of its interest by a	16649
date established by the department. If a school district elects to	16650
participate in the pilot program, the district shall select one or	16651
more school buildings to participate in the program. To the	16652
maximum extent possible, the department shall seek to include in	16653
the pilot program districts and schools that are located in urban,	16654
suburban, and rural areas distributed geographically throughout	16655
the state. The department shall administer the pilot program in	16656
accordance with this section.	16657

(B) Except as provided in division (C) of this section, each	16658
district or school participating in the pilot program shall	16659
require all students in the school building selected under	16660
division (A) of this section to engage in at least thirty minutes	16661
of moderate to rigorous physical activity each school day or at	16662
least one hundred fifty minutes of moderate to rigorous physical	16663
activity each week, exclusive of recess. Physical activity engaged	16664
in during the following may count toward the daily requirement:	16665

(1) A physical education course;

16666

(2) A program or activity occurring before or after the	16667
regular school day, as defined in section 3313.814 of the Revised	16668
Code, that is sponsored or approved by the school of attendance,	16669
provided school officials are able to monitor students'	16670
participation to ensure compliance with the requirement.	16671

(C) None of the following shall be subject to the requirement	16672
of division (B) of this section:	16673

(1) Any student enrolled in the ~~post-secondary enrollment~~	16674
~~options~~college credit plus program established under Chapter	16675
3365. of the Revised Code;	16676

(2) Any student enrolled in a career-technical education	16677
program operated by the district or school;	16678

(3) Any student enrolled in a dropout prevention and recovery	16679
program operated by the district or school.	16680

(D) For any period in which a student is participating in	16681
interscholastic athletics, marching band, cheerleading, or a	16682
junior reserve officer training corps program, the district or	16683
school may excuse the student from the requirement of division (B)	16684
of this section.	16685

(E) The district or school may excuse any kindergarten	16686
student who is not enrolled in all-day kindergarten, as defined in	16687
section 3321.05 of the Revised Code, from the requirement of	16688
division (B) of this section.	16689

(F) Each district or school annually shall report to the	16690
department, in the manner prescribed by the department, how the	16691
district or school implemented the thirty minutes of daily	16692
physical activity and the financial costs of implementation. The	16693
department shall issue an annual report of the data collected	16694
under this division.	16695

Sec. 3313.90. As used in this section, "formula ADM" has the	16696
same meaning as in section 3317.02 of the Revised Code.	16697
Notwithstanding division (D) of section 3311.19 and division (D)	16698
of section 3311.52 of the Revised Code, the provisions of this	16699
section that apply to a city school district do not apply to any	16700
joint vocational or cooperative education school district.	16701

(A) ~~Each~~Except as provided in division (B) of this section,	16702
each city, local, and exempted village school district shall, by	16703
one of the following means, provide ~~vocational~~to students	16704
enrolled in grades seven through twelve career-technical education	16705
adequate to prepare a ~~pupil~~student enrolled therein for an	16706
occupation:	16707

(1) Establishing and maintaining a ~~vocational~~	16708
career-technical education program that meets standards adopted by	16709
the state board of education;	16710

(2) Being a member of a joint vocational school district that	16711
meets standards adopted by the state board;	16712

(3) Contracting for ~~vocational~~career-technical education	16713
with a joint vocational school district or another school district	16714
that meets the standards adopted by the state board.	16715

The standards of the state board of education shall include	16716
criteria for the participation by nonpublic students in ~~vocational~~	16717
career-technical education programs without financial assessment,	16718
charge, or tuition to such student except such assessments,	16719
charges, or tuition paid by resident public school students in	16720
such programs. Such nonpublic school students shall be included in	16721
the formula ADM of the school district maintaining the ~~vocational~~	16722
career-technical education program as part-time students in	16723
proportion to the time spent in the ~~vocational~~career-technical	16724
education program.	16725

By the thirtieth day of October of each year, the	16726
superintendent of public instruction shall determine and certify	16727
to the superintendent of each school district subject to this	16728
section either that the district is in compliance with the	16729
requirements of this section for the current school year or that	16730
the district is not in compliance. If the superintendent certifies	16731
that the district is not in compliance, he shall notify the board	16732
of education of the district of the actions necessary to bring the	16733
district into compliance with this section.	16734

In meeting standards established by the state board of	16735
education, school districts, where practicable, shall provide	16736
~~vocational~~career-technical education programs in high schools. A	16737
minimum enrollment of fifteen hundred ~~pupils~~students in grades	16738
nine through twelve is established as a base for comprehensive	16739
~~vocational~~career-technical education course offerings. Beginning	16740
with the 2014-2015 school year, this base shall increase to a	16741
minimum enrollment of two thousand two hundred fifty students in	16742
grades seven through twelve. A school district may meet this	16743
requirement alone, through a cooperative arrangement pursuant to	16744
section 3313.92 of the Revised Code, through school district	16745
consolidation, by membership in a joint vocational school	16746
district, by contract with a school district, by contract with a	16747
school licensed by any state agency established by the Revised	16748
Code which school operates its courses offered for contracting	16749
with public schools under standards as to staffing and facilities	16750
comparable to those prescribed by the state board of education for	16751
public schools provided no instructor in such courses shall be	16752
required to be certificated by the state department of education,	16753
or in a combination of such ways. Exceptions to the minimum	16754
~~requirement of fifteen hundred pupils~~enrollment prescribed by	16755
this section may be made by the state board of education based on	16756
sparsity of population or other factors indicating that	16757
comprehensive educational and ~~vocational~~career-technical	16758
education programs as required by this section can be provided	16759
through an alternate plan.	16760

(B) ~~Approval of state funds for the construction and~~	16761
~~operation of vocational facilities in any city, local, or exempted~~	16762
~~village school district shall be contingent upon a comprehensive~~	16763
~~vocational program plan approved by the state board of education~~	16764
~~no later than July 1, 1970. The state board of education shall not~~	16765
~~approve a school district plan unless the plan proposed reasonably~~	16766
~~meets the vocational needs of other school districts in the~~	16767
~~general area of the school districts in the general area of the~~	16768
~~school district submitting the plan. The plan shall be submitted~~	16769
~~to the state board of education no later than April 1, 1970. Such~~	16770
~~plan shall contain:~~	16771

~~(1) The organization for vocational education pursuant to the~~	16772
~~requirements of this section;~~	16773

~~(2) Vocational programs to be offered in the respective~~	16774
~~comprehensive high schools, in specialized schools or skill~~	16775
~~centers, and in joint vocational schools;~~	16776

~~(3) Remodeled, additional, and new vocational facilities~~	16777
~~required at the respective locations.~~	16778

~~In approving the organization for vocational education the~~	16779
~~state board of education shall provide that no city, local, or~~	16780
~~exempted village school district is excluded in the statewide plan~~	16781
For any particular school year, the board of education of a city,	16782
local, or exempted village school district may obtain from the	16783
department a waiver from the requirement to provide	16784
career-technical education to students enrolled in grades seven	16785
and eight by doing both of the following:	16786

(1) Adopting, at a regularly scheduled board meeting, a	16787
resolution to request the waiver;	16788

(2) Submitting a copy of the resolution to the department by	16789
the thirtieth day of September of the school year for which	16790
career-technical education will not be provided to students	16791
enrolled in grades seven and eight.	16792

(C)(1) The lead district of a career-technical planning	16793
district offering a pre-apprenticeship program may enter into an	16794
agreement with a private entity to provide students with the	16795
opportunity to begin an apprenticeship program prior to graduating	16796
from high school.	16797

(2) Students enrolled in an apprenticeship program pursuant	16798
to a lead district's agreement with a private entity under	16799
division (C)(1) of this section shall be included in the	16800
enrollment of the student's resident district as reported under	16801
section 3317.03 of the Revised Code and, where appropriate, in the	16802
student count reported under section 3317.03 of the Revised Code	16803
for the appropriate career-technical education categories for the	16804
portion of the day they attend the apprenticeship program.	16805

Sec. 3313.902. (A) As used in this section:

16806

(1) "Approved industry credential or certificate" means a	16807
credential or certificate that is approved by the chancellor of	16808
the Ohio board of regents.	16809

(2) "Eligible institution" means any of the following:

16810

(a) A community college established under Chapter 3354. of	16811
the Revised Code;	16812

(b) A technical college established under Chapter 3357. of	16813
the Revised Code;	16814

(c) A state community college established under Chapter 3358.	16815
of the Revised Code;	16816

(d) An Ohio technical center recognized by the chancellor	16817
that provides post-secondary workforce education.	16818

(3) "Eligible student" means an individual who is at least	16819
twenty-two years of age and has not received a high school diploma	16820
or a certificate of high school equivalence, as defined in section	16821
4109.06 of the Revised Code.	16822

(B) The adult career opportunity pilot program is hereby	16823
established to permit an eligible institution to obtain approval	16824
from the state board of education and the chancellor to develop	16825
and offer a program of study that allows an eligible student to	16826
obtain a high school diploma. A program shall be eligible for this	16827
approval if it satisfies all of the following requirements:	16828

(1) The program allows an eligible student to complete the	16829
requirements for obtaining a high school diploma while completing	16830
requirements for an approved industry credential or certificate.	16831

(2) The program includes career advising and outreach.

16832

(3) The program includes opportunities for students to	16833
receive a competency-based education.	16834

(C) The superintendent of public instruction, in consultation	16835
with the chancellor, shall adopt rules for the implementation of	16836
the adult career opportunity pilot program, including the	16837
requirements for applying for program approval.	16838

Sec. 3313.91. Notwithstanding division (D) of section	16839
3311.19 and division (D) of section 3311.52 of the Revised Code,	16840
the provisions of this section and section 3313.911 of the Revised	16841
Code that apply to a city school district do not apply to any	16842
joint vocational or cooperative education school district unless	16843
otherwise specified.	16844

The board of education of any city, local, exempted village,	16845
or joint vocational school district may contract with any public	16846
agency, board, or bureau, or with any private individual or firm	16847
for the purchase of any ~~vocational~~career-technical education or	16848
vocational rehabilitation service for any resident of the district	16849
under the age of twenty-one years and may pay for such services	16850
with public funds. ~~Any~~Except as provided in division (C) of	16851
section 3313.90 of the Revised Code, any such ~~vocational~~	16852
career-technical education or vocational rehabilitation service	16853
shall meet the same requirements, including those for teachers,	16854
facilities, and equipment, as those required of the public schools	16855
and be approved by the state department of education.	16856

The state board of education may assign city, local, or	16857
exempted village school districts to joint vocational districts	16858
and pursuant to state board rules, shall require such districts to	16859
enter into contractual agreements pursuant to section 3313.90 of	16860
the Revised Code so that special education students as well as	16861
others may receive suitable vocational services. Such rules shall	16862
prescribe a formula under which the district that contracts to	16863
receive the services agrees to pay an annual fee to the district	16864
providing the ~~vocational~~career-technical education program. The	16865
amount of the fee shall be computed in accordance with a formula	16866
prescribed by state board rule, but the rule shall permit the	16867
superintendent of public instruction to prescribe a lower fee than	16868
the amount required to be paid by the formula in cases where he	16869
the superintendent determines either that the approved ~~vocational~~	16870
career-technical course offerings of the district that is to pay	16871
the fee are of sufficient breadth to warrant a lower annual fee,	16872
or that the situation warrants a lower annual fee.	16873

Sec. 3314.08. (A) As used in this section:

16874

(1)(a) "Category one career-technical education student"	16875
means a student who is receiving the career-technical education	16876
services described in division (A) of section 3317.014 of the	16877
Revised Code.	16878

(b) "Category two career-technical student" means a student	16879
who is receiving the career-technical education services described	16880
in division (B) of section 3317.014 of the Revised Code.	16881

(c) "Category three career-technical student" means a student	16882
who is receiving the career-technical education services described	16883
in division (C) of section 3317.014 of the Revised Code.	16884

(d) "Category four career-technical student" means a student	16885
who is receiving the career-technical education services described	16886
in division (D) of section 3317.014 of the Revised Code.	16887

(e) "Category five career-technical education student" means	16888
a student who is receiving the career-technical education services	16889
described in division (E) of section 3317.014 of the Revised Code.	16890

(2)(a) "Category one limited English proficient student"	16891
means a limited English proficient student described in division	16892
(A) of section 3317.016 of the Revised Code.	16893

(b) "Category two limited English proficient student" means a	16894
limited English proficient student described in division (B) of	16895
section 3317.016 of the Revised Code.	16896

(c) "Category three limited English proficient student" means	16897
a limited English proficient student described in division (C) of	16898
section 3317.016 of the Revised Code.	16899

(3)(a) "Category one special education student" means a	16900
student who is receiving special education services for a	16901
disability specified in division (A) of section 3317.013 of the	16902
Revised Code.	16903

(b) "Category two special education student" means a student	16904
who is receiving special education services for a disability	16905
specified in division (B) of section 3317.013 of the Revised Code.	16906

(c) "Category three special education student" means a	16907
student who is receiving special education services for a	16908
disability specified in division (C) of section 3317.013 of the	16909
Revised Code.	16910

(d) "Category four special education student" means a student	16911
who is receiving special education services for a disability	16912
specified in division (D) of section 3317.013 of the Revised Code.	16913

(e) "Category five special education student" means a student	16914
who is receiving special education services for a disability	16915
specified in division (E) of section 3317.013 of the Revised Code.	16916

(f) "Category six special education student" means a student	16917
who is receiving special education services for a disability	16918
specified in division (F) of section 3317.013 of the Revised Code.	16919

(4) "Formula amount" has the same meaning as in section	16920
3317.02 of the Revised Code.	16921

(5) "IEP" has the same meaning as in section 3323.01 of the	16922
Revised Code.	16923

(6) "Resident district" means the school district in which a	16924
student is entitled to attend school under section 3313.64 or	16925
3313.65 of the Revised Code.	16926

(7) "State education aid" has the same meaning as in section	16927
5751.20 of the Revised Code.	16928

(B) The state board of education shall adopt rules requiring	16929
both of the following:	16930

(1) The board of education of each city, exempted village,	16931
and local school district to annually report the number of	16932
students entitled to attend school in the district who are	16933
enrolled in each grade kindergarten through twelve in a community	16934
school established under this chapter, and for each child, the	16935
community school in which the child is enrolled.	16936

(2) The governing authority of each community school	16937
established under this chapter to annually report all of the	16938
following:	16939

(a) The number of students enrolled in grades one through	16940
twelve and the full-time equivalent number of students enrolled in	16941
kindergarten in the school who are not receiving special education	16942
and related services pursuant to an IEP;	16943

(b) The number of enrolled students in grades one through	16944
twelve and the full-time equivalent number of enrolled students in	16945
kindergarten, who are receiving special education and related	16946
services pursuant to an IEP;	16947

(c) The number of students reported under division (B)(2)(b)	16948
of this section receiving special education and related services	16949
pursuant to an IEP for a disability described in each of divisions	16950
(A) to (F) of section 3317.013 of the Revised Code;	16951

(d) The full-time equivalent number of students reported	16952
under divisions (B)(2)(a) and (b) of this section who are enrolled	16953
in career-technical education programs or classes described in	16954
each of divisions (A) to (E) of section 3317.014 of the Revised	16955
Code that are provided by the community school;	16956

(e) ~~Twenty per cent of the~~The number of students reported	16957
under divisions (B)(2)(a) and (b) of this section who are not	16958
reported under division (B)(2)(d) of this section but who are	16959
enrolled in career-technical education programs or classes	16960
described in each of divisions (A) to (E) of section 3317.014 of	16961
the Revised Code at a joint vocational school district or another	16962
district in the career-technical planning district to which the	16963
school is assigned;	16964

(f) The number of students reported under divisions (B)(2)(a)	16965
and (b) of this section who are category one to three limited	16966
English proficient students described in each of divisions (A) to	16967
(C) of section 3317.016 of the Revised Code;	16968

(g) The number of students reported under divisions (B)(2)(a)	16969
and (b) who are economically disadvantaged, as defined by the	16970
department. A student shall not be categorically excluded from the	16971
number reported under division (B)(2)(g) of this section based on	16972
anything other than family income.	16973

(h) For each student, the city, exempted village, or local	16974
school district in which the student is entitled to attend school	16975
under section 3313.64 or 3313.65 of the Revised Code.	16976

A school district board and a community school governing	16977
authority shall include in their respective reports under division	16978
(B) of this section any child admitted in accordance with division	16979
(A)(2) of section 3321.01 of the Revised Code.	16980

A governing authority of a community school shall not include	16981
in its report under division (B)(2) of this section any student	16982
for whom tuition is charged under division (F) of this section.	16983

(C)(1) Except as provided in division (C)(2) of this section,	16984
and subject to divisions (C)(3), (4), (5), (6), and (7) of this	16985
section, on a full-time equivalency basis, for each student	16986
enrolled in a community school established under this chapter, the	16987
department of education annually shall deduct from the state	16988
education aid of a student's resident district and, if necessary,	16989
from the payment made to the district under sections 321.24 and	16990
323.156 of the Revised Code and pay to the community school the	16991
sum of the following:	16992

(a) An opportunity grant in an amount equal to the formula	16993
amount;	16994

(b) The per pupil amount of targeted assistance funds	16995
calculated under division (A) of section 3317.0217 of the Revised	16996
Code for the student's resident district, as determined by the	16997
department, X 0.25;	16998

(c) Additional state aid for special education and related	16999
services provided under Chapter 3323. of the Revised Code as	17000
follows:	17001

(i) If the student is a category one special education	17002
student, the amount specified in division (A) of section 3317.013	17003
of the Revised Code;	17004

(ii) If the student is a category two special education	17005
student, the amount specified in division (B) of section 3317.013	17006
of the Revised Code;	17007

(iii) If the student is a category three special education	17008
student, the amount specified in division (C) of section 3317.013	17009
of the Revised Code;	17010

(iv) If the student is a category four special education	17011
student, the amount specified in division (D) of section 3317.013	17012
of the Revised Code;	17013

(v) If the student is a category five special education	17014
student, the amount specified in division (E) of section 3317.013	17015
of the Revised Code;	17016

(vi) If the student is a category six special education	17017
student, the amount specified in division (F) of section 3317.013	17018
of the Revised Code.	17019

(d) If the student is in kindergarten through third grade, an	17020
additional amount of $211, in fiscal year 2014, and $290, in	17021
fiscal year 2015;	17022

(e) If the student is economically disadvantaged, an	17023
additional amount equal to the following:	17024

($269, in fiscal year 2014, or $272, in fiscal year 2015) X	17025
(the resident district's economically disadvantaged index)	17026

(f) Limited English proficiency funds as follows:

17027

(i) If the student is a category one limited English	17028
proficient student, the amount specified in division (A) of	17029
section 3317.016 of the Revised Code;	17030

(ii) If the student is a category two limited English	17031
proficient student, the amount specified in division (B) of	17032
section 3317.016 of the Revised Code;	17033

(iii) If the student is a category three limited English	17034
proficient student, the amount specified in division (C) of	17035
section 3317.016 of the Revised Code.	17036

(g) ~~Career-technical~~If the student is reported under	17037
division (B)(2)(d) of this section, career-technical education	17038
funds as follows:	17039

(i) If the student is a category one career-technical	17040
education student, the amount specified in division (A) of section	17041
3317.014 of the Revised Code;	17042

(ii) If the student is a category two career-technical	17043
education student, the amount specified in division (B) of section	17044
3317.014 of the Revised Code;	17045

(iii) If the student is a category three career-technical	17046
education student, the amount specified in division (C) of section	17047
3317.014 of the Revised Code;	17048

(iv) If the student is a category four career-technical	17049
education student, the amount specified in division (D) of section	17050
3317.014 of the Revised Code;	17051

(v) If the student is a category five career-technical	17052
education student, the amount specified in division (E) of section	17053
3317.014 of the Revised Code.	17054

Deduction and payment of funds under division (C)(1)(g) of	17055
this section is subject to approval by the lead district of a	17056
career-technical planning district or the department of education	17057
under section 3317.161 of the Revised Code.	17058

(2) When deducting from the state education aid of a	17059
student's resident district for students enrolled in an internet-	17060
or computer-based community school and making payments to such	17061
school under this section, the department shall make the	17062
deductions and payments described in only divisions (C)(1)(a),	17063
(c), and (g) of this section.	17064

No deductions or payments shall be made for a student	17065
enrolled in such school under division (C)(1)(b), (d), (e), or (f)	17066
of this section.	17067

(3)(a) If a community school's costs for a fiscal year for a	17068
student receiving special education and related services pursuant	17069
to an IEP for a disability described in divisions (B) to (F) of	17070
section 3317.013 of the Revised Code exceed the threshold	17071
catastrophic cost for serving the student as specified in division	17072
(B) of section 3317.0214 of the Revised Code, the school may	17073
submit to the superintendent of public instruction documentation,	17074
as prescribed by the superintendent, of all its costs for that	17075
student. Upon submission of documentation for a student of the	17076
type and in the manner prescribed, the department shall pay to the	17077
community school an amount equal to the school's costs for the	17078
student in excess of the threshold catastrophic costs.	17079

(b) The community school shall report under division	17080
(C)(3)(a) of this section, and the department shall pay for, only	17081
the costs of educational expenses and the related services	17082
provided to the student in accordance with the student's	17083
individualized education program. Any legal fees, court costs, or	17084
other costs associated with any cause of action relating to the	17085
student may not be included in the amount.	17086

(4) In any fiscal year, a community school receiving funds	17087
under division (C)(1)(g) of this section shall spend those funds	17088
only for the purposes that the department designates as approved	17089
for career-technical education expenses. Career-technical	17090
~~educational~~education expenses approved by the department shall	17091
include only expenses connected to the delivery of	17092
career-technical programming to career-technical students. The	17093
department shall require the school to report data annually so	17094
that the department may monitor the school's compliance with the	17095
requirements regarding the manner in which funding received under	17096
division (C)(1)(g) of this section may be spent.	17097

(5) All funds received under division (C)(1)(g) of this	17098
section shall be spent in the following manner:	17099

(a) At least seventy-five per cent of the funds shall be	17100
spent on curriculum development, purchase, and implementation;	17101
instructional resources and supplies; industry-based program	17102
certification; student assessment, credentialing, and placement;	17103
curriculum specific equipment purchases and leases;	17104
career-technical student organization fees and expenses; home and	17105
agency linkages; work-based learning experiences; professional	17106
development; and other costs directly associated with	17107
career-technical education programs including development of new	17108
programs.	17109

(b) Not more than twenty-five per cent of the funds shall be	17110
used for personnel expenditures.	17111

(6) A community school shall spend the funds it receives	17112
under division (C)(1)(e) of this section in accordance with	17113
section 3317.25 of the Revised Code.	17114

(7) If the sum of the payments computed under ~~division~~	17115
divisions (C)(1) and (8)(a) of this section for the students	17116
entitled to attend school in a particular school district under	17117
sections 3313.64 and 3313.65 of the Revised Code exceeds the sum	17118
of that district's state education aid and its payment under	17119
sections 321.24 and 323.156 of the Revised Code, the department	17120
shall calculate and apply a proration factor to the payments to	17121
all community schools under that division for the students	17122
entitled to attend school in that district.	17123

(8)(a) Subject to division (C)(7) of this section, the	17124
department annually shall pay to each community school, including	17125
each internet- or computer-based community school, an amount equal	17126
to the following:	17127

(The number of students reported by the community school	17128
under division (B)(2)(e) of this section X the formula amount X	17129
.20)	17130

(b) For each payment made to a community school under	17131
division (C)(8)(a) of this section, the department shall deduct	17132
from the state education aid of each city, local, and exempted	17133
village school district and, if necessary, from the payment made	17134
to the district under sections 321.24 and 323.156 of the Revised	17135
Code an amount equal to the following:	17136

(The number of the district's students reported by the	17137
community school under division (B)(2)(e) of this section X the	17138
formula amount X .20)	17139

(D) A board of education sponsoring a community school may	17140
utilize local funds to make enhancement grants to the school or	17141
may agree, either as part of the contract or separately, to	17142
provide any specific services to the community school at no cost	17143
to the school.	17144

(E) A community school may not levy taxes or issue bonds	17145
secured by tax revenues.	17146

(F) No community school shall charge tuition for the	17147
enrollment of any student who is a resident of this state. A	17148
community school may charge tuition for the enrollment of any	17149
student who is not a resident of this state.	17150

(G)(1)(a) A community school may borrow money to pay any	17151
necessary and actual expenses of the school in anticipation of the	17152
receipt of any portion of the payments to be received by the	17153
school pursuant to division (C) of this section. The school may	17154
issue notes to evidence such borrowing. The proceeds of the notes	17155
shall be used only for the purposes for which the anticipated	17156
receipts may be lawfully expended by the school.	17157

(b) A school may also borrow money for a term not to exceed	17158
fifteen years for the purpose of acquiring facilities.	17159

(2) Except for any amount guaranteed under section 3318.50 of	17160
the Revised Code, the state is not liable for debt incurred by the	17161
governing authority of a community school.	17162

(H) The department of education shall adjust the amounts	17163
subtracted and paid under division (C) of this section to reflect	17164
any enrollment of students in community schools for less than the	17165
equivalent of a full school year. The state board of education	17166
within ninety days after April 8, 2003, shall adopt in accordance	17167
with Chapter 119. of the Revised Code rules governing the payments	17168
to community schools under this section including initial payments	17169
in a school year and adjustments and reductions made in subsequent	17170
periodic payments to community schools and corresponding	17171
deductions from school district accounts as provided under	17172
division (C) of this section. For purposes of this section:	17173

(1) A student shall be considered enrolled in the community	17174
school for any portion of the school year the student is	17175
participating at a college under Chapter 3365. of the Revised	17176
Code.	17177

(2) A student shall be considered to be enrolled in a	17178
community school for the period of time beginning on the later of	17179
the date on which the school both has received documentation of	17180
the student's enrollment from a parent and the student has	17181
commenced participation in learning opportunities as defined in	17182
the contract with the sponsor, or thirty days prior to the date on	17183
which the student is entered into the education management	17184
information system established under section 3301.0714 of the	17185
Revised Code. For purposes of applying this division and divisions	17186
(H)(3) and (4) of this section to a community school student,	17187
"learning opportunities" shall be defined in the contract, which	17188
shall describe both classroom-based and non-classroom-based	17189
learning opportunities and shall be in compliance with criteria	17190
and documentation requirements for student participation which	17191
shall be established by the department. Any student's instruction	17192
time in non-classroom-based learning opportunities shall be	17193
certified by an employee of the community school. A student's	17194
enrollment shall be considered to cease on the date on which any	17195
of the following occur:	17196

(a) The community school receives documentation from a parent	17197
terminating enrollment of the student.	17198

(b) The community school is provided documentation of a	17199
student's enrollment in another public or private school.	17200

(c) The community school ceases to offer learning	17201
opportunities to the student pursuant to the terms of the contract	17202
with the sponsor or the operation of any provision of this	17203
chapter.	17204

Except as otherwise specified in this paragraph, beginning in	17205
the 2011-2012 school year, any student who completed the prior	17206
school year in an internet- or computer-based community school	17207
shall be considered to be enrolled in the same school in the	17208
subsequent school year until the student's enrollment has ceased	17209
as specified in division (H)(2) of this section. The department	17210
shall continue subtracting and paying amounts for the student	17211
under division (C) of this section without interruption at the	17212
start of the subsequent school year. However, if the student	17213
without a legitimate excuse fails to participate in the first one	17214
hundred five consecutive hours of learning opportunities offered	17215
to the student in that subsequent school year, the student shall	17216
be considered not to have re-enrolled in the school for that	17217
school year and the department shall recalculate the payments to	17218
the school for that school year to account for the fact that the	17219
student is not enrolled.	17220

(3) The department shall determine each community school	17221
student's percentage of full-time equivalency based on the	17222
percentage of learning opportunities offered by the community	17223
school to that student, reported either as number of hours or	17224
number of days, is of the total learning opportunities offered by	17225
the community school to a student who attends for the school's	17226
entire school year. However, no internet- or computer-based	17227
community school shall be credited for any time a student spends	17228
participating in learning opportunities beyond ten hours within	17229
any period of twenty-four consecutive hours. Whether it reports	17230
hours or days of learning opportunities, each community school	17231
shall offer not less than nine hundred twenty hours of learning	17232
opportunities during the school year.	17233

(4) With respect to the calculation of full-time equivalency	17234
under division (H)(3) of this section, the department shall waive	17235
the number of hours or days of learning opportunities not offered	17236
to a student because the community school was closed during the	17237
school year due to disease epidemic, hazardous weather conditions,	17238
law enforcement emergencies, inoperability of school buses or	17239
other equipment necessary to the school's operation, damage to a	17240
school building, or other temporary circumstances due to utility	17241
failure rendering the school building unfit for school use, so	17242
long as the school was actually open for instruction with students	17243
in attendance during that school year for not less than the	17244
minimum number of hours required by this chapter. The department	17245
shall treat the school as if it were open for instruction with	17246
students in attendance during the hours or days waived under this	17247
division.	17248

(I) The department of education shall reduce the amounts paid	17249
under this section to reflect payments made to colleges under	17250
division (B) of section 3365.07 of the Revised Code ~~or through~~	17251
~~alternative funding agreements entered into under rules adopted~~	17252
~~under section 3365.12 of the Revised Code~~.	17253

(J)(1) No student shall be considered enrolled in any	17254
internet- or computer-based community school or, if applicable to	17255
the student, in any community school that is required to provide	17256
the student with a computer pursuant to division (C) of section	17257
3314.22 of the Revised Code, unless both of the following	17258
conditions are satisfied:	17259

(a) The student possesses or has been provided with all	17260
required hardware and software materials and all such materials	17261
are operational so that the student is capable of fully	17262
participating in the learning opportunities specified in the	17263
contract between the school and the school's sponsor as required	17264
by division (A)(23) of section 3314.03 of the Revised Code;	17265

(b) The school is in compliance with division (A) of section	17266
3314.22 of the Revised Code, relative to such student.	17267

(2) In accordance with policies adopted jointly by the	17268
superintendent of public instruction and the auditor of state, the	17269
department shall reduce the amounts otherwise payable under	17270
division (C) of this section to any community school that includes	17271
in its program the provision of computer hardware and software	17272
materials to any student, if such hardware and software materials	17273
have not been delivered, installed, and activated for each such	17274
student in a timely manner or other educational materials or	17275
services have not been provided according to the contract between	17276
the individual community school and its sponsor.	17277

The superintendent of public instruction and the auditor of	17278
state shall jointly establish a method for auditing any community	17279
school to which this division pertains to ensure compliance with	17280
this section.	17281

The superintendent, auditor of state, and the governor shall	17282
jointly make recommendations to the general assembly for	17283
legislative changes that may be required to assure fiscal and	17284
academic accountability for such schools.	17285

(K)(1) If the department determines that a review of a	17286
community school's enrollment is necessary, such review shall be	17287
completed and written notice of the findings shall be provided to	17288
the governing authority of the community school and its sponsor	17289
within ninety days of the end of the community school's fiscal	17290
year, unless extended for a period not to exceed thirty additional	17291
days for one of the following reasons:	17292

(a) The department and the community school mutually agree to	17293
the extension.	17294

(b) Delays in data submission caused by either a community	17295
school or its sponsor.	17296

(2) If the review results in a finding that additional	17297
funding is owed to the school, such payment shall be made within	17298
thirty days of the written notice. If the review results in a	17299
finding that the community school owes moneys to the state, the	17300
following procedure shall apply:	17301

(a) Within ten business days of the receipt of the notice of	17302
findings, the community school may appeal the department's	17303
determination to the state board of education or its designee.	17304

(b) The board or its designee shall conduct an informal	17305
hearing on the matter within thirty days of receipt of such an	17306
appeal and shall issue a decision within fifteen days of the	17307
conclusion of the hearing.	17308

(c) If the board has enlisted a designee to conduct the	17309
hearing, the designee shall certify its decision to the board. The	17310
board may accept the decision of the designee or may reject the	17311
decision of the designee and issue its own decision on the matter.	17312

(d) Any decision made by the board under this division is	17313
final.	17314

(3) If it is decided that the community school owes moneys to	17315
the state, the department shall deduct such amount from the	17316
school's future payments in accordance with guidelines issued by	17317
the superintendent of public instruction.	17318

(L) The department shall not subtract from a school	17319
district's state aid account and shall not pay to a community	17320
school under division (C) of this section any amount for any of	17321
the following:	17322

(1) Any student who has graduated from the twelfth grade of a	17323
public or nonpublic high school;	17324

(2) Any student who is not a resident of the state;

17325

(3) Any student who was enrolled in the community school	17326
during the previous school year when assessments were administered	17327
under section 3301.0711 of the Revised Code but did not take one	17328
or more of the assessments required by that section and was not	17329
excused pursuant to division (C)(1) or (3) of that section, unless	17330
the superintendent of public instruction grants the student a	17331
waiver from the requirement to take the assessment and a parent is	17332
not paying tuition for the student pursuant to section 3314.26 of	17333
the Revised Code. The superintendent may grant a waiver only for	17334
good cause in accordance with rules adopted by the state board of	17335
education.	17336

(4) Any student who has attained the age of twenty-two years,	17337
except for veterans of the armed services whose attendance was	17338
interrupted before completing the recognized twelve-year course of	17339
the public schools by reason of induction or enlistment in the	17340
armed forces and who apply for enrollment in a community school	17341
not later than four years after termination of war or their	17342
honorable discharge. If, however, any such veteran elects to	17343
enroll in special courses organized for veterans for whom tuition	17344
is paid under federal law, or otherwise, the department shall not	17345
subtract from a school district's state aid account and shall not	17346
pay to a community school under division (C) of this section any	17347
amount for that veteran.	17348

Sec. 3317.02. As used in this chapter:

17349

(A)(1) "Category one career-technical education ADM" means	17350
the enrollment of students during the school year on a full-time	17351
equivalency basis in career-technical education programs described	17352
in division (A) of section 3317.014 of the Revised Code and	17353
certified under division (B)(11) or (D)(2)(h) of section 3317.03	17354
of the Revised Code.	17355

(2) "Category two career-technical education ADM" means the	17356
enrollment of students during the school year on a full-time	17357
equivalency basis in career-technical education programs described	17358
in division (B) of section 3317.014 of the Revised Code and	17359
certified under division (B)(12) or (D)(2)(i) of section 3317.03	17360
of the Revised Code.	17361

(3) "Category three career-technical education ADM" means the	17362
enrollment of students during the school year on a full-time	17363
equivalency basis in career-technical education programs described	17364
in division (C) of section 3317.014 of the Revised Code and	17365
certified under division (B)(13) or (D)(2)(j) of section 3317.03	17366
of the Revised Code.	17367

(4) "Category four career-technical education ADM" means the	17368
enrollment of students during the school year on a full-time	17369
equivalency basis in career-technical education programs described	17370
in division (D) of section 3317.014 of the Revised Code and	17371
certified under division (B)(14) or (D)(2)(k) of section 3317.03	17372
of the Revised Code.	17373

(5) "Category five career-technical education ADM" means the	17374
enrollment of students during the school year on a full-time	17375
equivalency basis in career-technical education programs described	17376
in division (E) of section 3317.014 of the Revised Code and	17377
certified under division (B)(15) or (D)(2)(l) of section 3317.03	17378
of the Revised Code.	17379

(B)(1) "Category one limited English proficient ADM" means	17380
the full-time equivalent number of limited English proficient	17381
students described in division (A) of section 3317.016 of the	17382
Revised Code and certified under division (B)(16) or (D)(2)(m) of	17383
section 3317.03 of the Revised Code.	17384

(2) "Category two limited English proficient ADM" means the	17385
full-time equivalent number of limited English proficient students	17386
described in division (B) of section 3317.016 of the Revised Code	17387
and certified under division (B)(17) or (D)(2)(n) of section	17388
3317.03 of the Revised Code.	17389

(3) "Category three limited English proficient ADM" means the	17390
full-time equivalent number of limited English proficient students	17391
described in division (C) of section 3317.016 of the Revised Code	17392
and certified under division (B)(18) or (D)(2)(o) of section	17393
3317.03 of the Revised Code.	17394

(C)(1) "Category one special education ADM" means the	17395
full-time equivalent number of children with disabilities	17396
receiving special education services for the disability specified	17397
in division (A) of section 3317.013 of the Revised Code and	17398
certified under division (B)(5) or (D)(2)(b) of section 3317.03 of	17399
the Revised Code.	17400

(2) "Category two special education ADM" means the full-time	17401
equivalent number of children with disabilities receiving special	17402
education services for those disabilities specified in division	17403
(B) of section 3317.013 of the Revised Code and certified under	17404
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	17405
Code.	17406

(3) "Category three special education ADM" means the	17407
full-time equivalent number of students receiving special	17408
education services for those disabilities specified in division	17409
(C) of section 3317.013 of the Revised Code, and certified under	17410
division (B)(7) or (D)(2)(d) of section 3317.03 of the Revised	17411
Code.	17412

(4) "Category four special education ADM" means the full-time	17413
equivalent number of students receiving special education services	17414
for those disabilities specified in division (D) of section	17415
3317.013 of the Revised Code and certified under division (B)(8)	17416
or (D)(2)(e) of section 3317.03 of the Revised Code.	17417

(5) "Category five special education ADM" means the full-time	17418
equivalent number of students receiving special education services	17419
for the disabilities specified in division (E) of section 3317.013	17420
of the Revised Code and certified under division (B)(9) or	17421
(D)(2)(f) of section 3317.03 of the Revised Code.	17422

(6) "Category six special education ADM" means the full-time	17423
equivalent number of students receiving special education services	17424
for the disabilities specified in division (F) of section 3317.013	17425
of the Revised Code and certified under division (B)(10) or	17426
(D)(2)(g) of section 3317.03 of the Revised Code.	17427

(D) "County DD board" means a county board of developmental	17428
disabilities.	17429

(E) "Economically disadvantaged index for a school district"	17430
means the square of the quotient of that district's percentage of	17431
students in its total ADM who are identified as economically	17432
disadvantaged as defined by the department of education, divided	17433
by the statewide percentage of students identified as economically	17434
disadvantaged.	17435

(F)(1) "Formula ADM" means, for a city, local, or exempted	17436
village school district, the enrollment reported under division	17437
(A) of section 3317.03 of the Revised Code, as verified by the	17438
superintendent of public instruction and adjusted if so ordered	17439
under division (K) of that section, and as further adjusted by	17440
~~counting~~the department of education, as follows:	17441

(a) Count only twenty per cent of the number of joint	17442
vocational school district students counted under division (A)(3)	17443
of section 3317.03 of the Revised Code;	17444

(b) Add twenty per cent of the number of students who are	17445
entitled to attend school in the district under section 3313.64 or	17446
3313.65 of the Revised Code and are enrolled in another school	17447
district under a career-technical education compact.	17448

(2) "Formula ADM" means, for a joint vocational school	17449
district, the final number verified by the superintendent of	17450
public instruction, based on the enrollment reported and certified	17451
under division (D) of section 3317.03 of the Revised Code, as	17452
adjusted, if so ordered, under division (K) of that section.	17453

(G) "Formula amount" means $5,745, for fiscal year 2014, and	17454
$5,800, for fiscal year 2015.	17455

(H) "FTE basis" means a count of students based on full-time	17456
equivalency, in accordance with rules adopted by the department of	17457
education pursuant to section 3317.03 of the Revised Code. In	17458
adopting its rules under this division, the department shall	17459
provide for counting any student in category one, two, three,	17460
four, five, or six special education ADM or in category one, two,	17461
three, four, or five career technical education ADM in the same	17462
proportion the student is counted in formula ADM.	17463

(I) "Internet- or computer-based community school" has the	17464
same meaning as in section 3314.02 of the Revised Code.	17465

(J) "Medically fragile child" means a child to whom all of	17466
the following apply:	17467

(1) The child requires the services of a doctor of medicine	17468
or osteopathic medicine at least once a week due to the	17469
instability of the child's medical condition.	17470

(2) The child requires the services of a registered nurse on	17471
a daily basis.	17472

(3) The child is at risk of institutionalization in a	17473
hospital, skilled nursing facility, or intermediate care facility	17474
for individuals with intellectual disabilities.	17475

(K)(1) A child may be identified as having an "other health	17476
impairment-major" if the child's condition meets the definition of	17477
"other health impaired" established in rules previously adopted by	17478
the state board of education and if either of the following apply:	17479

(a) The child is identified as having a medical condition	17480
that is among those listed by the superintendent of public	17481
instruction as conditions where a substantial majority of cases	17482
fall within the definition of "medically fragile child."	17483

(b) The child is determined by the superintendent of public	17484
instruction to be a medically fragile child. A school district	17485
superintendent may petition the superintendent of public	17486
instruction for a determination that a child is a medically	17487
fragile child.	17488

(2) A child may be identified as having an "other health	17489
impairment-minor" if the child's condition meets the definition of	17490
"other health impaired" established in rules previously adopted by	17491
the state board of education but the child's condition does not	17492
meet either of the conditions specified in division (K)(1)(a) or	17493
(b) of this section.	17494

(L) "Preschool child with a disability" means a child with a	17495
disability, as defined in section 3323.01 of the Revised Code, who	17496
is at least age three but is not of compulsory school age, as	17497
defined in section 3321.01 of the Revised Code, and who is not	17498
currently enrolled in kindergarten.	17499

(M) "Preschool scholarship ADM" means the number of preschool	17500
children with disabilities certified under division (B)(3)(h) of	17501
section 3317.03 of the Revised Code.	17502

(N) "Related services" includes:

17503

(1) Child study, special education supervisors and	17504
coordinators, speech and hearing services, adaptive physical	17505
development services, occupational or physical therapy, teacher	17506
assistants for children with disabilities whose disabilities are	17507
described in division (B) of section 3317.013 or division (B)(3)	17508
of this section, behavioral intervention, interpreter services,	17509
work study, nursing services, and specialized integrative services	17510
as those terms are defined by the department;	17511

(2) Speech and language services provided to any student with	17512
a disability, including any student whose primary or only	17513
disability is a speech and language disability;	17514

(3) Any related service not specifically covered by other	17515
state funds but specified in federal law, including but not	17516
limited to, audiology and school psychological services;	17517

(4) Any service included in units funded under former	17518
division (O)(1) of section 3317.024 of the Revised Code;	17519

(5) Any other related service needed by children with	17520
disabilities in accordance with their individualized education	17521
programs.	17522

(O) "School district," unless otherwise specified, means	17523
city, local, and exempted village school districts.	17524

(P) "State education aid" has the same meaning as in section	17525
5751.20 of the Revised Code.	17526

(Q) "State share index" means the state share index	17527
calculated for a district under section 3317.017 of the Revised	17528
Code.	17529

(R) "Taxes charged and payable" means the taxes charged and	17530
payable against real and public utility property after making the	17531
reduction required by section 319.301 of the Revised Code, plus	17532
the taxes levied against tangible personal property.	17533

(S) "Total ADM" means, for a city, local, or exempted village	17534
school district, the enrollment reported under division (A) of	17535
section 3317.03 of the Revised Code, as verified by the	17536
superintendent of public instruction and adjusted if so ordered	17537
under division (K) of that section.	17538

(T) "Total special education ADM" means the sum of categories	17539
one through six special education ADM.	17540

(U) "Total taxable value" means the sum of the amounts	17541
certified for a city, local, exempted village, or joint vocational	17542
school district under divisions (A)(1) and (2) of section 3317.021	17543
of the Revised Code.	17544

Sec. 3317.0217. Payment of the amount calculated for a school	17545
district under this section shall be made under division (A) of	17546
section 3317.022 of the Revised Code.	17547

(A) The department of education shall annually compute	17548
targeted assistance funds to school districts, as follows:	17549

(1) Calculate the local wealth per pupil of each school	17550
district, which equals the following sum:	17551

(a) One-half times the quotient of (i) the district's	17552
three-year average valuation divided by (ii) its formula ADM; plus	17553

(b) One-half times the quotient of (i) the average of the	17554
total federal adjusted gross income of the school district's	17555
residents for the three years most recently reported under section	17556
3317.021 of the Revised Code divided by (ii) its formula ADM.	17557

(2) Rank all school districts in order of local wealth per	17558
pupil, from the district with the lowest local wealth per pupil to	17559
the district with the highest local wealth per pupil.	17560

(3) Compute the statewide wealth per pupil, which equals the	17561
following sum:	17562

(a) One-half times the quotient of (i) the sum of the	17563
three-year average valuations for all school districts divided by	17564
(ii) the sum of formula ADM counts for all ~~schools~~school	17565
districts; plus	17566

(b) One-half times the quotient of (i) the sum of the	17567
three-year average total federal adjusted gross incomes for all	17568
school districts divided by (ii) the sum of formula ADM counts for	17569
all school districts.	17570

(4) Compute each district's wealth index by dividing the	17571
statewide wealth per pupil by the district's local wealth per	17572
pupil.	17573

(5) Compute the per pupil targeted assistance for each	17574
eligible school district in accordance with the following formula:	17575

(Threshold local wealth per pupil - the district's local wealth	17576
per pupil)	17577

X target millage X the district's wealth index	17578

Where:

17579

(a) An "eligible school district" means a school district	17580
with a local wealth per pupil less than that of the school	17581
district with the 490th lowest local wealth per pupil.	17582

(b) "Threshold local wealth per pupil" means the local wealth	17583
per pupil of the school district with the 490th lowest local	17584
wealth per pupil.	17585

17586

If the result of the calculation for a school district under	17587
division (A)(5) of this section is less than zero, the district's	17588
targeted assistance shall be zero.	17589

(6) Calculate the aggregate amount to be paid as targeted	17590
assistance funds to each school district under division (A) of	17591
section 3317.022 of the Revised Code by multiplying the per pupil	17592
targeted assistance computed under division (A)(5) of this section	17593
by the district's net formula ADM.	17594

As used in this division, a district's "net formula ADM"	17595
means its formula ADM minus the number of community school	17596
students certified under division (B)(3)(d) of section 3317.03 of	17597
the Revised Code X 0.75, the number of internet- and	17598
computer-based community school students certified under division	17599
(B)(3)(e) of that section, the number of science, technology,	17600
engineering, and mathematics school students certified under	17601
division (B)(3)(j) of that section X 0.75, and the number of	17602
scholarship students certified under divisions (B)(3)(f), (g), and	17603
(l) of that section.	17604

(B) The department shall annually compute supplemental	17605
targeted assistance funds to school districts, as follows:	17606

(1) Compute each district's agricultural percentage as the	17607
quotient of (a) the three-year average tax valuation of real	17608
property in the district that is classified as agricultural	17609
property divided by (b) the three-year average tax valuation of	17610
all of the real property in the district. For purposes of this	17611
computation, a district's "three-year average tax valuation" means	17612
the average of a district's tax valuation for fiscal years 2012,	17613
2013, and 2014.	17614

(2) Determine each district's agricultural targeted	17615
percentage as follows:	17616

(a) If a district's agricultural percentage is greater than	17617
or equal to 0.10, then the district's agricultural targeted	17618
percentage shall be equal to 0.40.	17619

(b) If a district's agricultural percentage is less than	17620
0.10, then the district's agricultural targeted percentage shall	17621
be equal to 4 X the district's agricultural percentage.	17622

(3) Calculate the aggregate amount to be paid as supplemental	17623
targeted assistance funds to each school district under division	17624
(A) of section 3317.022 of the Revised Code by multiplying the	17625
district's agricultural targeted percentage by the amount	17626
calculated for the district under division (A)(6) of this section.	17627

Sec. 3317.03. (A) The superintendent of each city, local,	17628
and exempted village school district shall report to the state	17629
board of education as of the last day of October, March, and June	17630
of each year the enrollment of students receiving services from	17631
schools under the superintendent's supervision, and the numbers of	17632
other students entitled to attend school in the district under	17633
section 3313.64 or 3313.65 of the Revised Code the superintendent	17634
is required to report under this section, so that the department	17635
of education can calculate the district's formula ADM, total ADM,	17636
category one through five career-technical education ADM, category	17637
one through three limited English proficient ADM, category one	17638
through six special education ADM, preschool scholarship ADM,	17639
transportation ADM, and, for purposes of provisions of law outside	17640
of Chapter 3317. of the Revised Code, average daily membership.	17641

(1) The enrollment reported by the superintendent during the	17642
reporting period shall consist of the number of students in grades	17643
kindergarten through twelve receiving any educational services	17644
from the district, except that the following categories of	17645
students shall not be included in the determination:	17646

(a) Students enrolled in adult education classes;

17647

(b) Adjacent or other district students enrolled in the	17648
district under an open enrollment policy pursuant to section	17649
3313.98 of the Revised Code;	17650

(c) Students receiving services in the district pursuant to a	17651
compact, cooperative education agreement, or a contract, but who	17652
are entitled to attend school in another district pursuant to	17653
section 3313.64 or 3313.65 of the Revised Code;	17654

(d) Students for whom tuition is payable pursuant to sections	17655
3317.081 and 3323.141 of the Revised Code;	17656

(e) Students receiving services in the district through a	17657
scholarship awarded under either section 3310.41 or sections	17658
3310.51 to 3310.64 of the Revised Code.	17659

When reporting students under division (A)(1) of this	17660
section, the superintendent also shall report the district where	17661
each student is entitled to attend school pursuant to sections	17662
3313.64 and 3313.65 of the Revised Code.	17663

(2) The department of education shall compile a list of all	17664
students reported to be enrolled in a district under division	17665
(A)(1) of this section and of the students entitled to attend	17666
school in the district pursuant to section 3313.64 or 3313.65 of	17667
the Revised Code on an FTE basis but receiving educational	17668
services in grades kindergarten through twelve from one or more of	17669
the following entities:	17670

(a) A community school pursuant to Chapter 3314. of the	17671
Revised Code, including any participation in a college pursuant to	17672
Chapter 3365. of the Revised Code while enrolled in such community	17673
school;	17674

(b) An alternative school pursuant to sections 3313.974 to	17675
3313.979 of the Revised Code as described in division (I)(2)(a) or	17676
(b) of this section;	17677

(c) A college pursuant to Chapter 3365. of the Revised Code,	17678
except when the student is enrolled in the college while also	17679
enrolled in a community school pursuant to Chapter 3314. or, a	17680
science, technology, engineering, and mathematics school	17681
established under Chapter 3326., or a college-preparatory boarding	17682
school established under Chapter 3328. of the Revised Code;	17683

(d) An adjacent or other school district under an open	17684
enrollment policy adopted pursuant to section 3313.98 of the	17685
Revised Code;	17686

(e) An educational service center or cooperative education	17687
district;	17688

(f) Another school district under a cooperative education	17689
agreement, compact, or contract;	17690

(g) A chartered nonpublic school with a scholarship paid	17691
under section 3310.08 of the Revised Code, if the students	17692
qualified for the scholarship under section 3310.03 of the Revised	17693
Code;	17694

(h) An alternative public provider or a registered private	17695
provider with a scholarship awarded under either section 3310.41	17696
or sections 3310.51 to 3310.64 of the Revised Code.	17697

As used in this section, "alternative public provider" and	17698
"registered private provider" have the same meanings as in section	17699
3310.41 or 3310.51 of the Revised Code, as applicable.	17700

(i) A science, technology, engineering, and mathematics	17701
school established under Chapter 3326. of the Revised Code,	17702
including any participation in a college pursuant to Chapter 3365.	17703
of the Revised Code while enrolled in the school;	17704

(j) A college-preparatory boarding school established under	17705
Chapter 3328. of the Revised Code, including any participation in	17706
a college pursuant to Chapter 3365. of the Revised Code while	17707
enrolled in the school.	17708

(3) The department also shall compile a list of the students	17709
entitled to attend school in the district under section 3313.64 or	17710
3313.65 of the Revised Code who are enrolled in a joint vocational	17711
school district or under a career-technical education compact,	17712
excluding any students so entitled to attend school in the	17713
district who are enrolled in another school district through an	17714
open enrollment policy as reported under division (A)(2)(d) of	17715
this section and then enroll in a joint vocational school district	17716
or under a career-technical education compact.	17717

The department shall provide each city, local, and exempted	17718
village school district with an opportunity to review the list of	17719
students compiled under divisions (A)(2) and (3) of this section	17720
to ensure that the students reported accurately reflect the	17721
enrollment of students in the district.	17722

(B) To enable the department of education to obtain the data	17723
needed to complete the calculation of payments pursuant to this	17724
chapter, each superintendent shall certify from the reports	17725
provided by the department under division (A) of this section all	17726
of the following:	17727

(1) The total student enrollment in regular learning day	17728
classes included in the report under division (A)(1) or (2) of	17729
this section for each of the individual grades kindergarten	17730
through twelve in schools under the superintendent's supervision;	17731

(2) The unduplicated count of the number of preschool	17732
children with disabilities enrolled in the district for whom the	17733
district is eligible to receive funding under section 3317.0213 of	17734
the Revised Code adjusted for the portion of the year each child	17735
is so enrolled, in accordance with the disability categories	17736
prescribed in section 3317.013 of the Revised Code;	17737

(3) The number of children entitled to attend school in the	17738
district pursuant to section 3313.64 or 3313.65 of the Revised	17739
Code who are:	17740

(a) Participating in a pilot project scholarship program	17741
established under sections 3313.974 to 3313.979 of the Revised	17742
Code as described in division (I)(2)(a) or (b) of this section;	17743

(b) Enrolled in a college under Chapter 3365. of the Revised	17744
Code, except when the student is enrolled in the college while	17745
also enrolled in a community school pursuant to Chapter 3314. of	17746
the Revised Code or, a science, technology, engineering, and	17747
mathematics school established under Chapter 3326., or a	17748
college-preparatory boarding school established under Chapter	17749
3328. of the Revised Code;	17750

(c) Enrolled in an adjacent or other school district under	17751
section 3313.98 of the Revised Code;	17752

(d) Enrolled in a community school established under Chapter	17753
3314. of the Revised Code that is not an internet- or	17754
computer-based community school as defined in section 3314.02 of	17755
the Revised Code, including any participation in a college	17756
pursuant to Chapter 3365. of the Revised Code while enrolled in	17757
such community school;	17758

(e) Enrolled in an internet- or computer-based community	17759
school, as defined in section 3314.02 of the Revised Code,	17760
including any participation in a college pursuant to Chapter 3365.	17761
of the Revised Code while enrolled in the school;	17762

(f) Enrolled in a chartered nonpublic school with a	17763
scholarship paid under section 3310.08 of the Revised Code and who	17764
qualified for the scholarship under section 3310.03 of the Revised	17765
Code;	17766

(g) Enrolled in kindergarten through grade twelve in an	17767
alternative public provider or a registered private provider with	17768
a scholarship awarded under section 3310.41 of the Revised Code;	17769

(h) Enrolled as a preschool child with a disability in an	17770
alternative public provider or a registered private provider with	17771
a scholarship awarded under section 3310.41 of the Revised Code;	17772

(i) Participating in a program operated by a county DD board	17773
or a state institution;	17774

(j) Enrolled in a science, technology, engineering, and	17775
mathematics school established under Chapter 3326. of the Revised	17776
Code, including any participation in a college pursuant to Chapter	17777
3365. of the Revised Code while enrolled in the school;	17778

(k) Enrolled in a college-preparatory boarding school	17779
established under Chapter 3328. of the Revised Code, including any	17780
participation in a college pursuant to Chapter 3365. of the	17781
Revised Code while enrolled in the school;	17782

(l) Enrolled in an alternative public provider or a	17783
registered private provider with a scholarship awarded under	17784
sections 3310.51 to 3310.64 of the Revised Code.	17785

(4) The total enrollment of pupils in joint vocational	17786
schools;	17787

(5) The combined enrollment of children with disabilities	17788
reported under division (A)(1) or (2) of this section receiving	17789
special education services for the category one disability	17790
described in division (A) of section 3317.013 of the Revised Code,	17791
including children attending a special education program operated	17792
by an alternative public provider or a registered private provider	17793
with a scholarship awarded under sections 3310.51 to 3310.64 of	17794
the Revised Code;	17795

(6) The combined enrollment of children with disabilities	17796
reported under division (A)(1) or (2) of this section receiving	17797
special education services for category two disabilities described	17798
in division (B) of section 3317.013 of the Revised Code, including	17799
children attending a special education program operated by an	17800
alternative public provider or a registered private provider with	17801
a scholarship awarded under sections 3310.51 to 3310.64 of the	17802
Revised Code;	17803

(7) The combined enrollment of children with disabilities	17804
reported under division (A)(1) or (2) of this section receiving	17805
special education services for category three disabilities	17806
described in division (C) of section 3317.013 of the Revised Code,	17807
including children attending a special education program operated	17808
by an alternative public provider or a registered private provider	17809
with a scholarship awarded under sections 3310.51 to 3310.64 of	17810
the Revised Code;	17811

(8) The combined enrollment of children with disabilities	17812
reported under division (A)(1) or (2) of this section receiving	17813
special education services for category four disabilities	17814
described in division (D) of section 3317.013 of the Revised Code,	17815
including children attending a special education program operated	17816
by an alternative public provider or a registered private provider	17817
with a scholarship awarded under sections 3310.51 to 3310.64 of	17818
the Revised Code;	17819

(9) The combined enrollment of children with disabilities	17820
reported under division (A)(1) or (2) of this section receiving	17821
special education services for the category five disabilities	17822
described in division (E) of section 3317.013 of the Revised Code,	17823
including children attending a special education program operated	17824
by an alternative public provider or a registered private provider	17825
with a scholarship awarded under sections 3310.51 to 3310.64 of	17826
the Revised Code;	17827

(10) The combined enrollment of children with disabilities	17828
reported under division (A)(1) or (2) and under division (B)(3)(h)	17829
of this section receiving special education services for category	17830
six disabilities described in division (F) of section 3317.013 of	17831
the Revised Code, including children attending a special education	17832
program operated by an alternative public provider or a registered	17833
private provider with a scholarship awarded under either section	17834
3310.41 or sections 3310.51 to 3310.64 of the Revised Code;	17835

(11) The enrollment of pupils reported under division (A)(1)	17836
or (2) of this section on a full-time equivalency basis in	17837
category one career-technical education programs or classes,	17838
described in division (A) of section 3317.014 of the Revised Code,	17839
operated by the school district or by another district that is a	17840
member of the district's career-technical planning district, other	17841
than a joint vocational school district, or by an educational	17842
service center, notwithstanding division (H) of section 3317.02 of	17843
the Revised Code and division (C)(3) of this section;	17844

(12) The enrollment of pupils reported under division (A)(1)	17845
or (2) of this section on a full-time equivalency basis in	17846
category two career-technical education programs or services,	17847
described in division (B) of section 3317.014 of the Revised Code,	17848
operated by the school district or another school district that is	17849
a member of the district's career-technical planning district,	17850
other than a joint vocational school district, or by an	17851
educational service center, notwithstanding division (H) of	17852
section 3317.02 of the Revised Code and division (C)(3) of this	17853
section;	17854

(13) The enrollment of pupils reported under division (A)(1)	17855
or (2) of this section on a full-time equivalency basis in	17856
category three career-technical education programs or services,	17857
described in division (C) of section 3317.014 of the Revised Code,	17858
operated by the school district or another school district that is	17859
a member of the district's career-technical planning district,	17860
other than a joint vocational school district, or by an	17861
educational service center, notwithstanding division (H) of	17862
section 3317.02 of the Revised Code and division (C)(3) of this	17863
section;	17864

(14) The enrollment of pupils reported under division (A)(1)	17865
or (2) of this section on a full-time equivalency basis in	17866
category four career-technical education programs or services,	17867
described in division (D) of section 3317.014 of the Revised Code,	17868
operated by the school district or another school district that is	17869
a member of the district's career-technical planning district,	17870
other than a joint vocational school district, or by an	17871
educational service center, notwithstanding division (H) of	17872
section 3317.02 of the Revised Code and division (C)(3) of this	17873
section;	17874

(15) The enrollment of pupils reported under division (A)(1)	17875
or (2) of this section on a full-time equivalency basis in	17876
category five career-technical education programs or services,	17877
described in division (E) of section 3317.014 of the Revised Code,	17878
operated by the school district or another school district that is	17879
a member of the district's career-technical planning district,	17880
other than a joint vocational school district, or by an	17881
educational service center, notwithstanding division (H) of	17882
section 3317.02 of the Revised Code and division (C)(3) of this	17883
section;	17884

(16) The enrollment of pupils reported under division (A)(1)	17885
or (2) of this section who are limited English proficient students	17886
described in division (A) of section 3317.016 of the Revised Code,	17887
excluding any student reported under division (B)(3)(e) of this	17888
section as enrolled in an internet- or computer-based community	17889
school;	17890

(17) The enrollment of pupils reported under division (A)(1)	17891
or (2) of this section who are limited English proficient students	17892
described in division (B) of section 3317.016 of the Revised Code,	17893
excluding any student reported under division (B)(3)(e) of this	17894
section as enrolled in an internet- or computer-based community	17895
school;	17896

(18) The enrollment of pupils reported under division (A)(1)	17897
or (2) of this section who are limited English proficient students	17898
described in division (C) of section 3317.016 of the Revised Code,	17899
excluding any student reported under division (B)(3)(e) of this	17900
section as enrolled in an internet- or computer-based community	17901
school;	17902

(19) The average number of children transported during the	17903
reporting period by the school district on board-owned or	17904
contractor-owned and -operated buses, reported in accordance with	17905
rules adopted by the department of education;	17906

(20)(a) The number of children, other than preschool children	17907
with disabilities, the district placed with a county DD board in	17908
fiscal year 1998. Division (B)(20)(a) of this section does not	17909
apply after fiscal year 2013.	17910

(b) The number of children with disabilities, other than	17911
preschool children with disabilities, placed with a county DD	17912
board in the current fiscal year to receive special education	17913
services for the category one disability described in division (A)	17914
of section 3317.013 of the Revised Code;	17915

(c) The number of children with disabilities, other than	17916
preschool children with disabilities, placed with a county DD	17917
board in the current fiscal year to receive special education	17918
services for category two disabilities described in division (B)	17919
of section 3317.013 of the Revised Code;	17920

(d) The number of children with disabilities, other than	17921
preschool children with disabilities, placed with a county DD	17922
board in the current fiscal year to receive special education	17923
services for category three disabilities described in division (C)	17924
of section 3317.013 of the Revised Code;	17925

(e) The number of children with disabilities, other than	17926
preschool children with disabilities, placed with a county DD	17927
board in the current fiscal year to receive special education	17928
services for category four disabilities described in division (D)	17929
of section 3317.013 of the Revised Code;	17930

(f) The number of children with disabilities, other than	17931
preschool children with disabilities, placed with a county DD	17932
board in the current fiscal year to receive special education	17933
services for the category five disabilities described in division	17934
(E) of section 3317.013 of the Revised Code;	17935

(g) The number of children with disabilities, other than	17936
preschool children with disabilities, placed with a county DD	17937
board in the current fiscal year to receive special education	17938
services for category six disabilities described in division (F)	17939
of section 3317.013 of the Revised Code.	17940

(21) The enrollment of students who are economically	17941
disadvantaged, as defined by the department, excluding any student	17942
reported under division (B)(3)(e) of this section as enrolled in	17943
an internet- or computer-based community school. A student shall	17944
not be categorically excluded from the number reported under	17945
division (B)(21) of this section based on anything other than	17946
family income.	17947

(C)(1) The state board of education shall adopt rules	17948
necessary for implementing divisions (A), (B), and (D) of this	17949
section.	17950

(2) A student enrolled in a community school established	17951
under Chapter 3314., a science, technology, engineering, and	17952
mathematics school established under Chapter 3326., or a	17953
college-preparatory boarding school established under Chapter	17954
3328. of the Revised Code shall be counted in the formula ADM and,	17955
if applicable, the category one, two, three, four, five, or six	17956
special education ADM of the school district in which the student	17957
is entitled to attend school under section 3313.64 or 3313.65 of	17958
the Revised Code for the same proportion of the school year that	17959
the student is counted in the enrollment of the community school,	17960
the science, technology, engineering, and mathematics school, or	17961
the college-preparatory boarding school for purposes of section	17962
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	17963
the enrollment of students certified pursuant to division	17964
(B)(3)(d), (e), (j), or (k) of this section, the department may	17965
adjust the formula ADM of a school district to account for	17966
students entitled to attend school in the district under section	17967
3313.64 or 3313.65 of the Revised Code who are enrolled in a	17968
community school, a science, technology, engineering, and	17969
mathematics school, or a college-preparatory boarding school for	17970
only a portion of the school year.	17971

(3) No child shall be counted as more than a total of one	17972
child in the sum of the enrollment of students of a school	17973
district under division (A), divisions (B)(1) to (22), or division	17974
(D) of this section, except as follows:	17975

(a) A child with a disability described in section 3317.013	17976
of the Revised Code may be counted both in formula ADM and in	17977
category one, two, three, four, five, or six special education ADM	17978
and, if applicable, in category one, two, three, four, or five	17979
career-technical education ADM. As provided in division (H) of	17980
section 3317.02 of the Revised Code, such a child shall be counted	17981
in category one, two, three, four, five, or six special education	17982
ADM in the same proportion that the child is counted in formula	17983
ADM.	17984

(b) A child enrolled in career-technical education programs	17985
or classes described in section 3317.014 of the Revised Code may	17986
be counted both in formula ADM and category one, two, three, four,	17987
or five career-technical education ADM and, if applicable, in	17988
category one, two, three, four, five, or six special education	17989
ADM. Such a child shall be counted in category one, two, three,	17990
four, or five career-technical education ADM in the same	17991
proportion as the percentage of time that the child spends in the	17992
career-technical education programs or classes.	17993

(4) Based on the information reported under this section, the	17994
department of education shall determine the total student count,	17995
as defined in section 3301.011 of the Revised Code, for each	17996
school district.	17997

(D)(1) The superintendent of each joint vocational school	17998
district shall report and certify to the superintendent of public	17999
instruction as of the last day of October, March, and June of each	18000
year the enrollment of students receiving services from schools	18001
under the superintendent's supervision so that the department can	18002
calculate the district's formula ADM, total ADM, category one	18003
through five career-technical education ADM, category one through	18004
three limited English proficient ADM, category one through six	18005
special education ADM, and for purposes of provisions of law	18006
outside of Chapter 3317. of the Revised Code, average daily	18007
membership.	18008

The enrollment reported and certified by the superintendent,	18009
except as otherwise provided in this division, shall consist of	18010
the the number of students in grades six through twelve receiving	18011
any educational services from the district, except that the	18012
following categories of students shall not be included in the	18013
determination:	18014

(a) Students enrolled in adult education classes;

18015

(b) Adjacent or other district joint vocational students	18016
enrolled in the district under an open enrollment policy pursuant	18017
to section 3313.98 of the Revised Code;	18018

(c) Students receiving services in the district pursuant to a	18019
compact, cooperative education agreement, or a contract, but who	18020
are entitled to attend school in a city, local, or exempted	18021
village school district whose territory is not part of the	18022
territory of the joint vocational district;	18023

(d) Students for whom tuition is payable pursuant to sections	18024
3317.081 and 3323.141 of the Revised Code.	18025

(2) To enable the department of education to obtain the data	18026
needed to complete the calculation of payments pursuant to this	18027
chapter, each superintendent shall certify from the report	18028
provided under division (D)(1) of this section the enrollment for	18029
each of the following categories of students:	18030

(a) Students enrolled in each individual grade included in	18031
the joint vocational district schools;	18032

(b) Children with disabilities receiving special education	18033
services for the category one disability described in division (A)	18034
of section 3317.013 of the Revised Code;	18035

(c) Children with disabilities receiving special education	18036
services for the category two disabilities described in division	18037
(B) of section 3317.013 of the Revised Code;	18038

(d) Children with disabilities receiving special education	18039
services for category three disabilities described in division (C)	18040
of section 3317.013 of the Revised Code;	18041

(e) Children with disabilities receiving special education	18042
services for category four disabilities described in division (D)	18043
of section 3317.013 of the Revised Code;	18044

(f) Children with disabilities receiving special education	18045
services for the category five disabilities described in division	18046
(E) of section 3317.013 of the Revised Code;	18047

(g) Children with disabilities receiving special education	18048
services for category six disabilities described in division (F)	18049
of section 3317.013 of the Revised Code;	18050

(h) Students receiving category one career-technical	18051
education services, described in division (A) of section 3317.014	18052
of the Revised Code;	18053

(i) Students receiving category two career-technical	18054
education services, described in division (B) of section 3317.014	18055
of the Revised Code;	18056

(j) Students receiving category three career-technical	18057
education services, described in division (C) of section 3317.014	18058
of the Revised Code;	18059

(k) Students receiving category four career-technical	18060
education services, described in division (D) of section 3317.014	18061
of the Revised Code;	18062

(l) Students receiving category five career-technical	18063
education services, described in division (E) of section 3317.014	18064
of the Revised Code;	18065

(m) Limited English proficient students described in division	18066
(A) of section 3317.016 of the Revised Code;	18067

(n) Limited English proficient students described in division	18068
(B) of section 3317.016 of the Revised Code;	18069

(o) Limited English proficient students described in division	18070
(C) of section 3317.016 of the Revised Code;	18071

(p) Students who are economically disadvantaged, as defined	18072
by the department. A student shall not be categorically excluded	18073
from the number reported under division (D)(2)(p) of this section	18074
based on anything other than family income.	18075

The superintendent of each joint vocational school district	18076
shall also indicate the city, local, or exempted village school	18077
district in which each joint vocational district pupil is entitled	18078
to attend school pursuant to section 3313.64 or 3313.65 of the	18079
Revised Code.	18080

(E) In each school of each city, local, exempted village,	18081
joint vocational, and cooperative education school district there	18082
shall be maintained a record of school enrollment, which record	18083
shall accurately show, for each day the school is in session, the	18084
actual enrollment in regular day classes. For the purpose of	18085
determining the enrollment of students, the enrollment figure of	18086
any school shall not include any pupils except those pupils	18087
described by division (A) of this section. The record of	18088
enrollment for each school shall be maintained in such manner that	18089
no pupil shall be counted as enrolled prior to the actual date of	18090
entry in the school and also in such manner that where for any	18091
cause a pupil permanently withdraws from the school that pupil	18092
shall not be counted as enrolled from and after the date of such	18093
withdrawal. There shall not be included in the enrollment of any	18094
school any of the following:	18095

(1) Any pupil who has graduated from the twelfth grade of a	18096
public or nonpublic high school;	18097

(2) Any pupil who is not a resident of the state;

18098

(3) Any pupil who was enrolled in the schools of the district	18099
during the previous school year when assessments were administered	18100
under section 3301.0711 of the Revised Code but did not take one	18101
or more of the assessments required by that section and was not	18102
excused pursuant to division (C)(1) or (3) of that section;	18103

(4) Any pupil who has attained the age of twenty-two years,	18104
except for veterans of the armed services whose attendance was	18105
interrupted before completing the recognized twelve-year course of	18106
the public schools by reason of induction or enlistment in the	18107
armed forces and who apply for reenrollment in the public school	18108
system of their residence not later than four years after	18109
termination of war or their honorable discharge;	18110

(5) Any pupil who has a high school equivalence diploma as	18111
defined in section 5107.40 of the Revised Code.	18112

If, however, any veteran described by division (E)(4) of this	18113
section elects to enroll in special courses organized for veterans	18114
for whom tuition is paid under the provisions of federal laws, or	18115
otherwise, that veteran shall not be included in the enrollment of	18116
students determined under this section.	18117

Notwithstanding division (E)(3) of this section, the	18118
enrollment of any school may include a pupil who did not take an	18119
assessment required by section 3301.0711 of the Revised Code if	18120
the superintendent of public instruction grants a waiver from the	18121
requirement to take the assessment to the specific pupil and a	18122
parent is not paying tuition for the pupil pursuant to section	18123
3313.6410 of the Revised Code. The superintendent may grant such a	18124
waiver only for good cause in accordance with rules adopted by the	18125
state board of education.	18126

The formula ADM, total ADM, category one through five	18127
career-technical education ADM, category one through three limited	18128
English proficient ADM, category one through six special education	18129
ADM, preschool scholarship ADM, transportation ADM, and, for	18130
purposes of provisions of law outside of Chapter 3317. of the	18131
Revised Code, average daily membership of any school district	18132
shall be determined in accordance with rules adopted by the state	18133
board of education.	18134

(F)(1) If a student attending a community school under	18135
Chapter 3314., a science, technology, engineering, and mathematics	18136
school established under Chapter 3326., or a college-preparatory	18137
boarding school established under Chapter 3328. of the Revised	18138
Code is not included in the formula ADM calculated for the school	18139
district in which the student is entitled to attend school under	18140
section 3313.64 or 3313.65 of the Revised Code, the department of	18141
education shall adjust the formula ADM of that school district to	18142
include the student in accordance with division (C)(2) of this	18143
section, and shall recalculate the school district's payments	18144
under this chapter for the entire fiscal year on the basis of that	18145
adjusted formula ADM.	18146

(2) If a student awarded an educational choice scholarship is	18147
not included in the formula ADM of the school district from which	18148
the department deducts funds for the scholarship under section	18149
3310.08 of the Revised Code, the department shall adjust the	18150
formula ADM of that school district to include the student to the	18151
extent necessary to account for the deduction, and shall	18152
recalculate the school district's payments under this chapter for	18153
the entire fiscal year on the basis of that adjusted formula ADM.	18154

(3) If a student awarded a scholarship under the Jon Peterson	18155
special needs scholarship program is not included in the formula	18156
ADM of the school district from which the department deducts funds	18157
for the scholarship under section 3310.55 of the Revised Code, the	18158
department shall adjust the formula ADM of that school district to	18159
include the student to the extent necessary to account for the	18160
deduction, and shall recalculate the school district's payments	18161
under this chapter for the entire fiscal year on the basis of that	18162
adjusted formula ADM.	18163

(G)(1)(a) The superintendent of an institution operating a	18164
special education program pursuant to section 3323.091 of the	18165
Revised Code shall, for the programs under such superintendent's	18166
supervision, certify to the state board of education, in the	18167
manner prescribed by the superintendent of public instruction,	18168
both of the following:	18169

(i) The unduplicated count of the number of all children with	18170
disabilities other than preschool children with disabilities	18171
receiving services at the institution for each category of	18172
disability described in divisions (A) to (F) of section 3317.013	18173
of the Revised Code adjusted for the portion of the year each	18174
child is so enrolled;	18175

(ii) The unduplicated count of the number of all preschool	18176
children with disabilities in classes or programs for whom the	18177
district is eligible to receive funding under section 3317.0213 of	18178
the Revised Code adjusted for the portion of the year each child	18179
is so enrolled, reported according to the categories prescribed in	18180
section 3317.013 of the Revised Code.	18181

(b) The superintendent of an institution with	18182
career-technical education units approved under section 3317.05 of	18183
the Revised Code shall, for the units under the superintendent's	18184
supervision, certify to the state board of education the	18185
enrollment in those units, in the manner prescribed by the	18186
superintendent of public instruction.	18187

(2) The superintendent of each county DD board that maintains	18188
special education classes under section 3317.20 of the Revised	18189
Code or provides services to preschool children with disabilities	18190
pursuant to an agreement between the DD board and the appropriate	18191
school district shall do both of the following:	18192

(a) Certify to the state board, in the manner prescribed by	18193
the board, the enrollment in classes under section 3317.20 of the	18194
Revised Code for each school district that has placed children in	18195
the classes;	18196

(b) Certify to the state board, in the manner prescribed by	18197
the board, the unduplicated count of the number of all preschool	18198
children with disabilities enrolled in classes for which the DD	18199
board is eligible to receive funding under section 3317.0213 of	18200
the Revised Code adjusted for the portion of the year each child	18201
is so enrolled, reported according to the categories prescribed in	18202
section 3317.013 of the Revised Code, and the number of those	18203
classes.	18204

(H) Except as provided in division (I) of this section, when	18205
any city, local, or exempted village school district provides	18206
instruction for a nonresident pupil whose attendance is	18207
unauthorized attendance as defined in section 3327.06 of the	18208
Revised Code, that pupil's enrollment shall not be included in	18209
that district's enrollment figure used in calculating the	18210
district's payments under this chapter. The reporting official	18211
shall report separately the enrollment of all pupils whose	18212
attendance in the district is unauthorized attendance, and the	18213
enrollment of each such pupil shall be credited to the school	18214
district in which the pupil is entitled to attend school under	18215
division (B) of section 3313.64 or section 3313.65 of the Revised	18216
Code as determined by the department of education.	18217

(I)(1) A city, local, exempted village, or joint vocational	18218
school district admitting a scholarship student of a pilot project	18219
district pursuant to division (C) of section 3313.976 of the	18220
Revised Code may count such student in its enrollment.	18221

(2) In any year for which funds are appropriated for pilot	18222
project scholarship programs, a school district implementing a	18223
state-sponsored pilot project scholarship program that year	18224
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	18225
count in its enrollment:	18226

(a) All children residing in the district and utilizing a	18227
scholarship to attend kindergarten in any alternative school, as	18228
defined in section 3313.974 of the Revised Code;	18229

(b) All children who were enrolled in the district in the	18230
preceding year who are utilizing a scholarship to attend an	18231
alternative school.	18232

(J) The superintendent of each cooperative education school	18233
district shall certify to the superintendent of public	18234
instruction, in a manner prescribed by the state board of	18235
education, the applicable enrollments for all students in the	18236
cooperative education district, also indicating the city, local,	18237
or exempted village district where each pupil is entitled to	18238
attend school under section 3313.64 or 3313.65 of the Revised	18239
Code.	18240

(K) If the superintendent of public instruction determines	18241
that a component of the enrollment certified or reported by a	18242
district superintendent, or other reporting entity, is not	18243
correct, the superintendent of public instruction may order that	18244
the formula ADM used for the purposes of payments under any	18245
section of Title XXXIII of the Revised Code be adjusted in the	18246
amount of the error.	18247

Sec. 3317.162. (A)(1) If the lead district of a	18248
career-technical planning district enters into an agreement with a	18249
private entity under division (C) of section 3313.90 of the	18250
Revised Code, the lead district may apply to the department of	18251
education for additional funds to assist with paying for the cost	18252
of the apprenticeship program provided by the private entity.	18253

(2) A lead district shall be eligible to apply for these	18254
additional funds if its agreement with the private entity	18255
specifies both of the following:	18256

(a) A process for students to receive at least one year of	18257
credit toward completion of the private entity's apprenticeship	18258
program;	18259

(b) The amount that the district will pay the private entity	18260
for each student that participates in the private entity's	18261
apprenticeship program.	18262

(B) Upon submission of an application for the funds and a	18263
copy of the contract with the provisions specified in division	18264
(A)(2) of this section, the lead district shall be eligible to	18265
receive, and the department shall pay to the lead district, an	18266
additional payment for each full-time equivalent student	18267
participating in the private entity's program. The payment shall	18268
be equal to the lesser of the following:	18269

(1) The amount specified in the contract;

18270

(2) The appropriate career-technical education amount	18271
specified in section 3317.014 of the Revised Code.	18272

Sec. 3319.22. (A)(1) The state board of education shall	18273
issue the following educator licenses:	18274

(a) A resident educator license, which shall be valid for	18275
four years~~, except that the~~and shall be renewable for reasons	18276
specified by rules adopted by the state board pursuant to division	18277
(A)(3) of this section. The state board, on a case-by-case basis,	18278
may extend the license's duration as necessary to enable the	18279
license holder to complete the Ohio teacher residency program	18280
established under section 3319.223 of the Revised Code;	18281

(b) A professional educator license, which shall be valid for	18282
five years and shall be renewable;	18283

(c) A senior professional educator license, which shall be	18284
valid for five years and shall be renewable;	18285

(d) A lead professional educator license, which shall be	18286
valid for five years and shall be renewable.	18287

(2) The state board may issue any additional educator	18288
licenses of categories, types, and levels the board elects to	18289
provide.	18290

(3) The state board shall adopt rules establishing the	18291
standards and requirements for obtaining each educator license	18292
issued under this section. The rules shall also include the	18293
reasons for which a resident educator license may be renewed under	18294
division (A)(1)(a) of this section.	18295

(B) The rules adopted under this section shall require at	18296
least the following standards and qualifications for the educator	18297
licenses described in division (A)(1) of this section:	18298

(1) An applicant for a resident educator license shall hold	18299
at least a bachelor's degree from an accredited teacher	18300
preparation program or be a participant in the teach for America	18301
program and meet the qualifications required under section	18302
3319.227 of the Revised Code.	18303

(2) An applicant for a professional educator license shall:

18304

(a) Hold at least a bachelor's degree from an institution of	18305
higher education accredited by a regional accrediting	18306
organization;	18307

(b) Have successfully completed the Ohio teacher residency	18308
program established under section 3319.223 of the Revised Code, if	18309
the applicant's current or most recently issued license is a	18310
resident educator license issued under this section or an	18311
alternative resident educator license issued under section 3319.26	18312
of the Revised Code.	18313

(3) An applicant for a senior professional educator license	18314
shall:	18315

(a) Hold at least a master's degree from an institution of	18316
higher education accredited by a regional accrediting	18317
organization;	18318

(b) Have previously held a professional educator license	18319
issued under this section or section 3319.222 or under former	18320
section 3319.22 of the Revised Code;	18321

(c) Meet the criteria for the accomplished or distinguished	18322
level of performance, as described in the standards for teachers	18323
adopted by the state board under section 3319.61 of the Revised	18324
Code.	18325

(4) An applicant for a lead professional educator license	18326
shall:	18327

(a) Hold at least a master's degree from an institution of	18328
higher education accredited by a regional accrediting	18329
organization;	18330

(b) Have previously held a professional educator license or a	18331
senior professional educator license issued under this section or	18332
a professional educator license issued under section 3319.222 or	18333
former section 3319.22 of the Revised Code;	18334

(c) Meet the criteria for the distinguished level of	18335
performance, as described in the standards for teachers adopted by	18336
the state board under section 3319.61 of the Revised Code;	18337

(d) Either hold a valid certificate issued by the national	18338
board for professional teaching standards or meet the criteria for	18339
a master teacher or other criteria for a lead teacher adopted by	18340
the educator standards board under division (F)(4) or (5) of	18341
section 3319.61 of the Revised Code.	18342

(C) The state board shall align the standards and	18343
qualifications for obtaining a principal license with the	18344
standards for principals adopted by the state board under section	18345
3319.61 of the Revised Code.	18346

(D) If the state board requires any examinations for educator	18347
licensure, the department of education shall provide the results	18348
of such examinations received by the department to the chancellor	18349
of the Ohio board of regents, in the manner and to the extent	18350
permitted by state and federal law.	18351

(E) Any rules the state board of education adopts, amends, or	18352
rescinds for educator licenses under this section, division (D) of	18353
section 3301.07 of the Revised Code, or any other law shall be	18354
adopted, amended, or rescinded under Chapter 119. of the Revised	18355
Code except as follows:	18356

(1) Notwithstanding division (D) of section 119.03 and	18357
division (A)(1) of section 119.04 of the Revised Code, in the case	18358
of the adoption of any rule or the amendment or rescission of any	18359
rule that necessitates institutions' offering preparation programs	18360
for educators and other school personnel that are approved by the	18361
chancellor of the Ohio board of regents under section 3333.048 of	18362
the Revised Code to revise the curriculum of those programs, the	18363
effective date shall not be as prescribed in division (D) of	18364
section 119.03 and division (A)(1) of section 119.04 of the	18365
Revised Code. Instead, the effective date of such rules, or the	18366
amendment or rescission of such rules, shall be the date	18367
prescribed by section 3333.048 of the Revised Code.	18368

(2) Notwithstanding the authority to adopt, amend, or rescind	18369
emergency rules in division (F) of section 119.03 of the Revised	18370
Code, this authority shall not apply to the state board of	18371
education with regard to rules for educator licenses.	18372

(F)(1) The rules adopted under this section establishing	18373
standards requiring additional coursework for the renewal of any	18374
educator license shall require a school district and a chartered	18375
nonpublic school to establish local professional development	18376
committees. In a nonpublic school, the chief administrative	18377
officer shall establish the committees in any manner acceptable to	18378
such officer. The committees established under this division shall	18379
determine whether coursework that a district or chartered	18380
nonpublic school teacher proposes to complete meets the	18381
requirement of the rules. The department of education shall	18382
provide technical assistance and support to committees as the	18383
committees incorporate the professional development standards	18384
adopted by the state board of education pursuant to section	18385
3319.61 of the Revised Code into their review of coursework that	18386
is appropriate for license renewal. The rules shall establish a	18387
procedure by which a teacher may appeal the decision of a local	18388
professional development committee.	18389

(2) In any school district in which there is no exclusive	18390
representative established under Chapter 4117. of the Revised	18391
Code, the professional development committees shall be established	18392
as described in division (F)(2) of this section.	18393

Not later than the effective date of the rules adopted under	18394
this section, the board of education of each school district shall	18395
establish the structure for one or more local professional	18396
development committees to be operated by such school district. The	18397
committee structure so established by a district board shall	18398
remain in effect unless within thirty days prior to an anniversary	18399
of the date upon which the current committee structure was	18400
established, the board provides notice to all affected district	18401
employees that the committee structure is to be modified.	18402
Professional development committees may have a district-level or	18403
building-level scope of operations, and may be established with	18404
regard to particular grade or age levels for which an educator	18405
license is designated.	18406

Each professional development committee shall consist of at	18407
least three classroom teachers employed by the district, one	18408
principal employed by the district, and one other employee of the	18409
district appointed by the district superintendent. For committees	18410
with a building-level scope, the teacher and principal members	18411
shall be assigned to that building, and the teacher members shall	18412
be elected by majority vote of the classroom teachers assigned to	18413
that building. For committees with a district-level scope, the	18414
teacher members shall be elected by majority vote of the classroom	18415
teachers of the district, and the principal member shall be	18416
elected by a majority vote of the principals of the district,	18417
unless there are two or fewer principals employed by the district,	18418
in which case the one or two principals employed shall serve on	18419
the committee. If a committee has a particular grade or age level	18420
scope, the teacher members shall be licensed to teach such grade	18421
or age levels, and shall be elected by majority vote of the	18422
classroom teachers holding such a license and the principal shall	18423
be elected by all principals serving in buildings where any such	18424
teachers serve. The district superintendent shall appoint a	18425
replacement to fill any vacancy that occurs on a professional	18426
development committee, except in the case of vacancies among the	18427
elected classroom teacher members, which shall be filled by vote	18428
of the remaining members of the committee so selected.	18429

Terms of office on professional development committees shall	18430
be prescribed by the district board establishing the committees.	18431
The conduct of elections for members of professional development	18432
committees shall be prescribed by the district board establishing	18433
the committees. A professional development committee may include	18434
additional members, except that the majority of members on each	18435
such committee shall be classroom teachers employed by the	18436
district. Any member appointed to fill a vacancy occurring prior	18437
to the expiration date of the term for which a predecessor was	18438
appointed shall hold office as a member for the remainder of that	18439
term.	18440

The initial meeting of any professional development	18441
committee, upon election and appointment of all committee members,	18442
shall be called by a member designated by the district	18443
superintendent. At this initial meeting, the committee shall	18444
select a chairperson and such other officers the committee deems	18445
necessary, and shall adopt rules for the conduct of its meetings.	18446
Thereafter, the committee shall meet at the call of the	18447
chairperson or upon the filing of a petition with the district	18448
superintendent signed by a majority of the committee members	18449
calling for the committee to meet.	18450

(3) In the case of a school district in which an exclusive	18451
representative has been established pursuant to Chapter 4117. of	18452
the Revised Code, professional development committees shall be	18453
established in accordance with any collective bargaining agreement	18454
in effect in the district that includes provisions for such	18455
committees.	18456

If the collective bargaining agreement does not specify a	18457
different method for the selection of teacher members of the	18458
committees, the exclusive representative of the district's	18459
teachers shall select the teacher members.	18460

If the collective bargaining agreement does not specify a	18461
different structure for the committees, the board of education of	18462
the school district shall establish the structure, including the	18463
number of committees and the number of teacher and administrative	18464
members on each committee; the specific administrative members to	18465
be part of each committee; whether the scope of the committees	18466
will be district levels, building levels, or by type of grade or	18467
age levels for which educator licenses are designated; the lengths	18468
of terms for members; the manner of filling vacancies on the	18469
committees; and the frequency and time and place of meetings.	18470
However, in all cases, except as provided in division (F)(4) of	18471
this section, there shall be a majority of teacher members of any	18472
professional development committee, there shall be at least five	18473
total members of any professional development committee, and the	18474
exclusive representative shall designate replacement members in	18475
the case of vacancies among teacher members, unless the collective	18476
bargaining agreement specifies a different method of selecting	18477
such replacements.	18478

(4) Whenever an administrator's coursework plan is being	18479
discussed or voted upon, the local professional development	18480
committee shall, at the request of one of its administrative	18481
members, cause a majority of the committee to consist of	18482
administrative members by reducing the number of teacher members	18483
voting on the plan.	18484

(G)(1) The department of education, educational service	18485
centers, county boards of developmental disabilities, regional	18486
professional development centers, special education regional	18487
resource centers, college and university departments of education,	18488
head start programs, and the Ohio education computer network may	18489
establish local professional development committees to determine	18490
whether the coursework proposed by their employees who are	18491
licensed or certificated under this section or section 3319.222 of	18492
the Revised Code, or under the former version of either section as	18493
it existed prior to October 16, 2009, meet the requirements of the	18494
rules adopted under this section. They may establish local	18495
professional development committees on their own or in	18496
collaboration with a school district or other agency having	18497
authority to establish them.	18498

Local professional development committees established by	18499
county boards of developmental disabilities shall be structured in	18500
a manner comparable to the structures prescribed for school	18501
districts in divisions (F)(2) and (3) of this section, as shall	18502
the committees established by any other entity specified in	18503
division (G)(1) of this section that provides educational services	18504
by employing or contracting for services of classroom teachers	18505
licensed or certificated under this section or section 3319.222 of	18506
the Revised Code, or under the former version of either section as	18507
it existed prior to October 16, 2009. All other entities specified	18508
in division (G)(1) of this section shall structure their	18509
committees in accordance with guidelines which shall be issued by	18510
the state board.	18511

(2) Any public agency that is not specified in division	18512
(G)(1) of this section but provides educational services and	18513
employs or contracts for services of classroom teachers licensed	18514
or certificated under this section or section 3319.222 of the	18515
Revised Code, or under the former version of either section as it	18516
existed prior to October 16, 2009, may establish a local	18517
professional development committee, subject to the approval of the	18518
department of education. The committee shall be structured in	18519
accordance with guidelines issued by the state board.	18520

Sec. 3319.26. (A) The state board of education shall adopt	18521
rules establishing the standards and requirements for obtaining an	18522
alternative resident educator license for teaching in grades	18523
kindergarten to twelve, or the equivalent, in a designated subject	18524
area or in the area of intervention specialist, as defined by rule	18525
of the state board. The rules shall also include the reasons for	18526
which an alternative resident educator license may be renewed	18527
under division (D) of this section.	18528

(B) The superintendent of public instruction and the	18529
chancellor of the Ohio board of regents jointly shall develop an	18530
intensive pedagogical training institute to provide instruction in	18531
the principles and practices of teaching for individuals seeking	18532
an alternative resident educator license. The instruction shall	18533
cover such topics as student development and learning, pupil	18534
assessment procedures, curriculum development, classroom	18535
management, and teaching methodology.	18536

(C) The rules adopted under this section shall require	18537
applicants for the alternative resident educator license to	18538
satisfy the following conditions prior to issuance of the license,	18539
but they shall not require applicants to have completed a major in	18540
the subject area for which application is being made:	18541

(1) Hold a minimum of a baccalaureate degree;

18542

(2) Successfully complete the pedagogical training institute	18543
described in division (B) of this section or a summer training	18544
institute provided to participants of a teacher preparation	18545
program that is operated by a nonprofit organization and has been	18546
approved by the chancellor. The chancellor shall approve any such	18547
program that requires participants to hold a bachelor's degree;	18548
have a cumulative undergraduate grade point average of at least	18549
2.5 out of 4.0, or its equivalent; and successfully complete the	18550
program's summer training institute.	18551

(3) Pass an examination in the subject area for which	18552
application is being made.	18553

(D) An alternative resident educator license shall be valid	18554
for four years~~, except that the~~and shall be renewable for reasons	18555
specified by rules adopted by the state board pursuant to division	18556
(A) of this section. The state board, on a case-by-case basis, may	18557
extend the license's duration as necessary to enable the license	18558
holder to complete the Ohio teacher residency program established	18559
under section 3319.223 of the Revised Code.	18560

(E) The rules shall require the holder of an alternative	18561
resident educator license, as a condition of continuing to hold	18562
the license, to do all of the following:	18563

(1) Participate in the Ohio teacher residency program;

18564

(2) Show satisfactory progress in taking and successfully	18565
completing one of the following:	18566

(a) At least twelve additional semester hours, or the	18567
equivalent, of college coursework in the principles and practices	18568
of teaching in such topics as student development and learning,	18569
pupil assessment procedures, curriculum development, classroom	18570
management, and teaching methodology;	18571

(b) Professional development provided by a teacher	18572
preparation program that has been approved by the chancellor under	18573
division (C)(2) of this section.	18574

(3) Take an assessment of professional knowledge in the	18575
second year of teaching under the license.	18576

(F) The rules shall provide for the granting of a	18577
professional educator license to a holder of an alternative	18578
resident educator license upon successfully completing all of the	18579
following:	18580

(1) Four years of teaching under the alternative license;

18581

(2) The additional college coursework or professional	18582
development described in division (E)(2) of this section;	18583

(3) The assessment of professional knowledge described in	18584
division (E)(3) of this section. The standards for successfully	18585
completing this assessment and the manner of conducting the	18586
assessment shall be the same as for any other individual who is	18587
required to take the assessment pursuant to rules adopted by the	18588
state board under section 3319.22 of the Revised Code.	18589

(4) The Ohio teacher residency program;

18590

(5) All other requirements for a professional educator	18591
license adopted by the state board under section 3319.22 of the	18592
Revised Code.	18593

(G) A person who is assigned to teach in this state as a	18594
participant in the teach for America program or who has completed	18595
two years of teaching in another state as a participant in that	18596
program shall be eligible for a license only under section	18597
3319.227 of the Revised Code and shall not be eligible for a	18598
license under this section.	18599

Sec. 3321.03. As used in this section and section 3321.04 of	18600
the Revised Code, "special education program" means a school or	18601
the educational agency that provides special education and related	18602
services to children with disabilities in accordance with Chapter	18603
3323. of the Revised Code.	18604

Except as provided in this section, the parent of a child of	18605
compulsory school age shall cause such child to attend a school in	18606
the school district in which the child is entitled to attend	18607
school under division (B) or (F) of section 3313.64 or section	18608
3313.65 of the Revised Code, to participate in a special education	18609
program under Chapter 3323. of the Revised Code, or to otherwise	18610
cause the child to be instructed in accordance with law. Every	18611
child of compulsory school age shall attend a school or	18612
participate in a special education program that conforms to the	18613
minimum standards prescribed by the state board of education until	18614
the child:	18615

(A) Receives a diploma granted by the board of education or	18616
other governing authority, successfully completes the curriculum	18617
of any high school, or successfully completes the individualized	18618
education program developed for the student by any high school	18619
pursuant to Chapter 3323. of the Revised Code;	18620

(B) Receives an age and schooling certificate as provided in	18621
section 3331.01 of the Revised Code; or	18622

(C) Is excused from school under standards adopted by the	18623
state board of education pursuant to section 3321.04 of the	18624
Revised Code, or if in need of special education, the child is	18625
excused from such programs pursuant to section 3321.04 of the	18626
Revised Code.	18627

For purposes of this section, a child who is attending an	18628
alternative education program that is specified in the child's	18629
student success plan developed under division (C)(1) of section	18630
3313.6015 of the Revised Code shall be considered to be attending	18631
school in compliance with this section.	18632

Sec. 3321.04. Notwithstanding division (D) of section	18633
3311.19 and division (D) of section 3311.52 of the Revised Code,	18634
this section does not apply to any joint vocational or cooperative	18635
education school district or its superintendent.	18636

Every parent of any child of compulsory school age who is not	18637
employed under an age and schooling certificate ~~must~~shall send	18638
~~such~~the child to a school or a special education program that	18639
conforms to the minimum standards prescribed by the state board of	18640
education, for the full time the school or program attended is in	18641
session~~, which shall not be for less than thirty-two weeks per~~	18642
~~school year~~. Such attendance must begin within the first week of	18643
the school term or program or within one week of the date on which	18644
the child begins to reside in the district or within one week	18645
after the child's withdrawal from employment.	18646

For the purpose of operating a school or program on a	18647
trimester plan, "full time the school attended is in session," as	18648
used in this section means the two trimesters to which the child	18649
is assigned by the board of education. For the purpose of	18650
operating a school or program on a quarterly plan, "full time the	18651
school attended is in session," as used in this section, means the	18652
three quarters to which the child is assigned by the board of	18653
education. For the purpose of operating a school or program on a	18654
pentamester plan, "full time the school is in session," as used in	18655
this section, means the four pentamesters to which the child is	18656
assigned by the board of education.	18657

Excuses from future attendance at or past absence from school	18658
or a special education program may be granted for the causes, by	18659
the authorities, and under the following conditions:	18660

(A) The superintendent of the school district in which the	18661
child resides may excuse the child from attendance for any part of	18662
the remainder of the current school year upon satisfactory showing	18663
of either of the following facts:	18664

(1) That the child's bodily or mental condition does not	18665
permit attendance at school or a special education program during	18666
such period; this fact is certified in writing by a licensed	18667
physician or, in the case of a mental condition, by a licensed	18668
physician, a licensed psychologist, licensed school psychologist	18669
or a certificated school psychologist; and provision is made for	18670
appropriate instruction of the child, in accordance with Chapter	18671
3323. of the Revised Code;	18672

(2) That the child is being instructed at home by a person	18673
qualified to teach the branches in which instruction is required,	18674
and such additional branches, as the advancement and needs of the	18675
child may, in the opinion of such superintendent, require. In each	18676
such case the issuing superintendent shall file in the	18677
superintendent's office, with a copy of the excuse, papers showing	18678
how the inability of the child to attend school or a special	18679
education program or the qualifications of the person instructing	18680
the child at home were determined. All such excuses shall become	18681
void and subject to recall upon the removal of the disability of	18682
the child or the cessation of proper home instruction; and	18683
thereupon the child or the child's parents may be proceeded	18684
against after due notice whether such excuse be recalled or not.	18685

(B) The state board of education may adopt rules authorizing	18686
the superintendent of schools of the district in which the child	18687
resides to excuse a child over fourteen years of age from	18688
attendance for a future limited period of time for the purpose of	18689
performing necessary work directly and exclusively for the child's	18690
parents or legal guardians.	18691

All excuses provided for in divisions (A) and (B) of this	18692
section shall be in writing and shall show the reason for excusing	18693
the child. A copy thereof shall be sent to the person in charge of	18694
the child.	18695

(C) The board of education of the school district or the	18696
governing authorities of a private or parochial school may in the	18697
rules governing the discipline in such schools, prescribe the	18698
authority by which and the manner in which any child may be	18699
excused for absence from such school for good and sufficient	18700
reasons.	18701

The state board of education may by rule prescribe conditions	18702
governing the issuance of excuses, which shall be binding upon the	18703
authorities empowered to issue them.	18704

Sec. 3321.07. If any child ~~attends upon~~receives instruction	18705
elsewhere than in a public school such instruction shall be in a	18706
school which conforms to the minimum standards prescribed by the	18707
state board of education. The hours and term of attendance ~~exacted~~	18708
of that school shall be equivalent to the hours and term of	18709
attendance required of children in the public schools of the	18710
district. This section does not require a child to attend a high	18711
school instead of a ~~vocational~~career-technical, commercial, or	18712
other special type of school, provided the successful completion	18713
of instruction therein ~~is for a term and for hours equivalent to~~	18714
~~those of the high school, and provided his attendance at such~~	18715
~~school will not interfere with a continuous program of education~~	18716
~~for the child to the age of sixteen~~will result in the child	18717
receiving a high school diploma, an industry-recognized	18718
credential, or a journeyman certification as recognized by the	18719
United States department of labor.	18720

Sec. 3321.08. Every child who has been granted an age and	18721
schooling certificate shall, until the age at which such	18722
certificate is no longer required, attend a part-time school or	18723
class ~~for the number of hours not over eight per week that such~~	18724
~~school or class is in session,~~. Such an education program may be	18725
provided by the board of education of the school district in which	18726
the child resides or is employed ~~has made such school or class~~	18727
~~available~~. ~~Such attendance~~Attendance shall be for the full term	18728
such school or class is in session, and shall begin with the first	18729
week of the school term or within one week after issuance of the	18730
age and schooling certificate. ~~This section does not apply to~~	18731
~~children who are employed under vacation and part-time~~	18732
~~certificates only.~~ The superintendent of schools may excuse a	18733
child from such attendance for one of the reasons provided in	18734
section 3321.10 of the Revised Code. AFor purposes of this	18735
section, a part-time school or class is one which shall offer, to	18736
those minors who have entered industry, instruction supplemental	18737
to their daily occupations or which will increase their civic and	18738
vocational competence or both ~~and which are taught between the~~	18739
~~hours of seven in the morning and six in the afternoon of any day~~	18740
~~except a legal holiday, Saturday, or Sunday, or between the hours~~	18741
~~of seven in the morning and twelve noon of Saturday~~and which	18742
grants a high school diploma to the child upon the child's	18743
successful completion of a course of instruction.	18744

Sec. 3321.09. Attendance at a part-time school or class, as	18745
defined in section 3321.08 of the Revised Code, provided by an	18746
employer, by a partnership, corporation, or individual, by a	18747
private or parochial school, by a college, or by a philanthropic	18748
or similar agency shall serve in lieu of attendance at a part-time	18749
school or class provided by a board of education ~~in case the given~~	18750
~~school or class is conducted for substantially a term and hours~~	18751
~~equivalent to those of the part-time schools or classes provided~~	18752
~~by the local board, and in case~~if the school or class is approved	18753
by the state board of education. When such school or class is	18754
conducted within or in connection with the establishment in which	18755
the child is working, the obligation of attendance at part-time	18756
school or class indicated in section 3321.08 of the Revised Code,	18757
shall apply to the children holding age and schooling certificates	18758
who are employed in the given establishment regardless of the	18759
accessibility of public part-time schools or classes.	18760

Sec. 3324.07. (A) The board of education of each school	18761
district shall develop a plan for the service of gifted students	18762
enrolled in the district that are identified under section 3324.03	18763
of the Revised Code. Services specified in the plan developed by	18764
each board may include such options as the following:	18765

(1) A differentiated curriculum;

18766

(2) Cluster grouping;

18767

(3) Mentorships;

18768

(4) Accelerated course work;

18769

(5) The ~~post-secondary enrollment option~~college credit plus	18770
program under Chapter 3365. of the Revised Code;	18771

(6) Advanced placement;

18772

(7) Honors classes;

18773

(8) Magnet schools;

18774

(9) Self-contained classrooms;

18775

(10) Independent study;

18776

(11) Other options identified in rules adopted by the	18777
department of education.	18778

(B) Each board shall file the plan developed under division	18779
(A) of this section with the department of education by December	18780
15, 2000. The department shall review and analyze each plan to	18781
determine if it is adequate and to make funding estimates.	18782

(C) Unless otherwise required by law, rule, or as a condition	18783
for receipt of funds, school boards may implement the plans	18784
developed under division (A) of this section, but shall not be	18785
required to do so until further action by the general assembly or	18786
the state superintendent of public instruction.	18787

Sec. 3326.36. The department of education shall reduce the	18788
amounts paid to a science, technology, engineering, and	18789
mathematics school under section 3326.33 of the Revised Code to	18790
reflect payments made to colleges under ~~division (B) of~~ section	18791
3365.07 of the Revised Code ~~or through alternative funding~~	18792
~~agreements entered into under rules adopted under section 3365.12~~	18793
~~of the Revised Code~~. A student shall be considered enrolled in the	18794
school for any portion of the school year the student is attending	18795
a college under Chapter 3365. of the Revised Code.	18796

Sec. 3328.24. A college-preparatory boarding school	18797
established under this chapter and its board of trustees shall	18798
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712,	18799
3301.0714, 3313.6013, 3313.6411, 3319.39, and 3319.391 and Chapter	18800
3365. of the Revised Code as if the school were a school district	18801
and the school's board of trustees were a district board of	18802
education.	18803

Sec. 3331.04. Whenever an age and schooling certificate is	18804
applied for by a child over sixteen years of age who is ~~unable to~~	18805
~~pass a test for the completion of the work of the seventh grade~~	18806
~~and who is not so below the normal in mental development that the~~	18807
~~child cannot profit from further schooling~~participating in a	18808
program that, upon successful completion of instruction, will	18809
result in the child receiving an industry-recognized credential, a	18810
journeyman certification as recognized by the United States	18811
department of labor, or full-time employment, an age and schooling	18812
certificate may be issued by the superintendent of schools to such	18813
child upon proof acceptable to such superintendent of the	18814
following facts and upon agreement to the respective conditions	18815
made in writing by the child and by the parents, guardian, or	18816
custodian in charge of such child:	18817

(A) That the child is addicted to no habit which is likely to	18818
detract from the child's reliability or effectiveness as a worker,	18819
or proper use of the child's earnings or leisure, or the	18820
probability of the child's faithfully carrying out the conditions	18821
to which the child agrees as specified in division (B) of this	18822
section, and in addition any one of the following groups of facts:	18823

(1) That the child has been a resident of the school district	18824
for the last two years, has diligently attended upon instruction	18825
at school for the last two years, and is able to read, write, and	18826
perform the fundamental operations of arithmetic. These abilities	18827
shall be judged by the superintendent.	18828

(2) That the child having been a resident of the school	18829
district less than two years, ~~diligently~~ attended ~~upon instruction~~	18830
in school in the district in which the child was a resident ~~next~~	18831
~~preceding the child's residence in the present district~~ for the	18832
last school year preceding the child's ~~removal to~~residence in the	18833
present district, and has diligently attended ~~upon instruction in~~	18834
the schools of the present district for the period that the child	18835
has been a resident thereof;	18836

(3) That the child has ~~removed to~~resided in the present	18837
school district since the beginning of the last annual school	18838
session, and that instruction adapted to the child's needs is not	18839
provided in the regular day schools in the district;	18840

(4) ~~That the child is not sufficiently familiar with the~~	18841
~~English language to be properly instructed in the full-time day~~	18842
~~schools of the district;~~	18843

~~(5)~~ That conditions are such that the child must provide for	18844
the child's own support or the support of the child's own child or	18845
that the child is needed for the support or care of parents or for	18846
the support or care of brothers or sisters for whom the parents	18847
are unable to provide and that the child is desirous of working	18848
for the support or care of self or of the child's own child or of	18849
such parents or siblings and that such child cannot render such	18850
needed support or care by a reasonable effort outside of school	18851
hours; but no age and schooling certificate shall be granted to a	18852
child of this group upon proof of such facts without written	18853
consent given to the superintendent by the juvenile judge and by	18854
the department of job and family services.	18855

(B)~~(1)~~ In case the certificate is granted under division	18856
(A)~~(1), (2), (3), or (5)~~ of this section, that until reaching the	18857
age of eighteen years the child will diligently attend in addition	18858
to part-time classes, such evening classes as will add to the	18859
child's education for literacy, citizenship, or vocational	18860
preparation which may be made available to the child in the school	18861
district and which the child may be directed to attend by the	18862
superintendent, or in case no such classes are available, that the	18863
child will pursue such reading and study and report monthly	18864
thereon as may be directed by the superintendent;	18865

~~(2) In case the certificate is granted under division (A)(4)~~	18866
~~of this section, that until the age of eighteen years the child~~	18867
~~will attend in addition to part-time classes, such evening classes~~	18868
~~as will assist the child to learn the English language or advance~~	18869
~~in Americanization which may be made available to the child in the~~	18870
~~school district and which the child may be directed to attend by~~	18871
~~the superintendent~~.	18872

Sec. 3333.041. (A) On or before the last day of December of	18873
each year, the chancellor of the Ohio board of regents shall	18874
submit to the governor and, in accordance with section 101.68 of	18875
the Revised Code, the general assembly a report or reports	18876
concerning all of the following:	18877

(1) The status of graduates of Ohio school districts at state	18878
institutions of higher education during the twelve-month period	18879
ending on the thirtieth day of September of the current calendar	18880
year. The report shall list, by school district, the number of	18881
graduates of each school district who attended a state institution	18882
of higher education and the percentage of each district's	18883
graduates enrolled in a state institution of higher education	18884
during the reporting period who were required during such period	18885
by the college or university, as a prerequisite to enrolling in	18886
those courses generally required for first-year students, to	18887
enroll in a remedial course in English, including composition or	18888
reading, mathematics, and any other area designated by the	18889
chancellor. The chancellor also shall make the information	18890
described in division (A)(1) of this section available to the	18891
board of education of each city, exempted village, and local	18892
school district.	18893

Each state institution of higher education shall, by the	18894
first day of November of each year, submit to the chancellor in	18895
the form specified by the chancellor the information the	18896
chancellor requires to compile the report.	18897

(2) Aggregate academic growth data for students assigned to	18898
graduates of teacher preparation programs approved under section	18899
3333.048 of the Revised Code who teach English language arts or	18900
mathematics in any of grades four to eight in a public school in	18901
Ohio. For this purpose, the chancellor shall use the value-added	18902
progress dimension prescribed by section 3302.021 of the Revised	18903
Code or the alternative student academic progress measure if	18904
adopted under division (C)(1)(e) of section 3302.03 of the Revised	18905
Code. The chancellor shall aggregate the data by graduating class	18906
for each approved teacher preparation program, except that if a	18907
particular class has ten or fewer graduates to which this section	18908
applies, the chancellor shall report the data for a group of	18909
classes over a three-year period. In no case shall the report	18910
identify any individual graduate. The department of education	18911
shall share any data necessary for the report with the chancellor.	18912

(3) The following information with respect to the Ohio	18913
tuition trust authority:	18914

(a) The name of each investment manager that is a minority	18915
business enterprise or a women's business enterprise with which	18916
the chancellor contracts;	18917

(b) The amount of assets managed by investment managers that	18918
are minority business enterprises or women's business enterprises,	18919
expressed as a percentage of assets managed by investment managers	18920
with which the chancellor has contracted;	18921

(c) Efforts by the chancellor to increase utilization of	18922
investment managers that are minority business enterprises or	18923
women's business enterprises.	18924

(4) A description of ~~dual enrollment~~advanced standing	18925
programs, as defined in section 3313.6013 of the Revised Code,	18926
that are offered by school districts, community schools	18927
established under Chapter 3314. of the Revised Code, STEM schools	18928
established under Chapter 3326. of the Revised Code,	18929
college-preparatory boarding schools established under Chapter	18930
3328. of the Revised Code, and chartered nonpublic high schools.	18931
The chancellor also shall post the information on the chancellor's	18932
web site.	18933

(5) The chancellor's strategy in assigning choose Ohio first	18934
scholarships, as established under section 3333.61 of the Revised	18935
Code, among state universities and colleges and how the actual	18936
awards fit that strategy.	18937

(6) The academic and economic impact of the Ohio	18938
co-op/internship program established under section 3333.72 of the	18939
Revised Code. At a minimum, the report shall include the	18940
following:	18941

(a) Progress and performance metrics for each initiative that	18942
received an award in the previous fiscal year;	18943

(b) Economic indicators of the impact of each initiative, and	18944
all initiatives as a whole, on the regional economies and the	18945
statewide economy;	18946

(c) The chancellor's strategy in allocating awards among	18947
state institutions of higher education and how the actual awards	18948
fit that strategy.	18949

(B) As used in this section:

18950

(1) "Minority business enterprise" has the same meaning as in	18951
section 122.71 of the Revised Code.	18952

(2) "State institution of higher education" and "state	18953
university" have the same meanings as in section 3345.011 of the	18954
Revised Code.	18955

(3) "State university or college" has the same meaning as in	18956
section 3345.12 of the Revised Code.	18957

(4) "Women's business enterprise" means a business, or a	18958
partnership, corporation, limited liability company, or joint	18959
venture of any kind, that is owned and controlled by women who are	18960
United States citizens and residents of this state.	18961

Sec. 3333.048. (A) Not later than one year after October 16,	18962
2009, the chancellor of the Ohio board of regents and the	18963
superintendent of public instruction jointly shall do the	18964
following:	18965

(1) In accordance with Chapter 119. of the Revised Code,	18966
establish metrics and educator preparation programs for the	18967
preparation of educators and other school personnel and the	18968
institutions of higher education that are engaged in their	18969
preparation. The metrics and educator preparation programs shall	18970
be aligned with the standards and qualifications for educator	18971
licenses adopted by the state board of education under section	18972
3319.22 of the Revised Code and the requirements of the Ohio	18973
teacher residency program established under section 3319.223 of	18974
the Revised Code. The metrics and educator preparation programs	18975
also shall ensure that educators and other school personnel are	18976
adequately prepared to use the value-added progress dimension	18977
prescribed by section 3302.021 of the Revised Code or the	18978
alternative student academic progress measure if adopted under	18979
division (C)(1)(e) of section 3302.03 of the Revised Code.	18980

(2) Provide for the inspection of institutions of higher	18981
education desiring to prepare educators and other school	18982
personnel.	18983

(B) Not later than one year after October 16, 2009, the	18984
chancellor shall approve institutions of higher education engaged	18985
in the preparation of educators and other school personnel that	18986
maintain satisfactory training procedures and records of	18987
performance, as determined by the chancellor.	18988

(C) If the metrics established under division (A)(1) of this	18989
section require an institution of higher education that prepares	18990
teachers to satisfy the standards of an independent accreditation	18991
organization, the chancellor shall permit each institution to	18992
satisfy the standards of ~~either the national council for~~	18993
~~accreditation of teacher education or the teacher education~~	18994
~~accreditation council~~any applicable national educator preparation	18995
accrediting agency recognized by the United States department of	18996
education.	18997

(D) The metrics and educator preparation programs established	18998
under division (A)(1) of this section may require an institution	18999
of higher education, as a condition of approval by the chancellor,	19000
to make changes in the curricula of its preparation programs for	19001
educators and other school personnel.	19002

Notwithstanding division (D) of section 119.03 and division	19003
(A)(1) of section 119.04 of the Revised Code, any metrics,	19004
educator preparation programs, rules, and regulations, or any	19005
amendment or rescission of such metrics, educator preparation	19006
programs, rules, and regulations, adopted under this section that	19007
necessitate institutions offering preparation programs for	19008
educators and other school personnel approved by the chancellor to	19009
revise the curricula of those programs shall not be effective for	19010
at least one year after the first day of January next succeeding	19011
the publication of the said change.	19012

Each institution shall allocate money from its existing	19013
~~appropriations~~revenue sources to pay the cost of making the	19014
curricular changes.	19015

(E) The chancellor shall notify the state board of the	19016
metrics and educator preparation programs established under	19017
division (A)(1) of this section and the institutions of higher	19018
education approved under division (B) of this section. The state	19019
board shall publish the metrics, educator preparation programs,	19020
and approved institutions with the standards and qualifications	19021
for each type of educator license.	19022

(F) The graduates of ~~institutions of higher education~~	19023
educator preparation programs approved by the chancellor shall be	19024
licensed by the state board in accordance with the standards and	19025
qualifications adopted under section 3319.22 of the Revised Code.	19026

Sec. 3333.0413. Not later than December 31, 2014, the	19027
chancellor of the Ohio board of regents shall make available, in a	19028
prominent location on the chancellor's web site, a complete	19029
inventory of education programs that focus on workforce	19030
development and training that includes both of the following:	19031

(A) Programs offered by state institutions of higher	19032
education, as defined in section 3345.011 of the Revised Code,	19033
adult career-technical institutions, and all private nonprofit and	19034
for-profit postsecondary institutions operating in the state;	19035

(B) Programs registered with the apprenticeship council	19036
established under Chapter 4139. of the Revised Code.	19037

The chancellor may update this inventory as necessary.

19038

Sec. 3333.164. (A) As used in this section, "state	19039
institution of higher education" has the same meaning as in	19040
section 3345.011 of the Revised Code.	19041

(B) Not later than December 31, 2014, the chancellor of the	19042
Ohio board of regents shall do all of the following with regard to	19043
the awarding of college credit for military training, experience,	19044
and coursework:	19045

(1) Develop a set of standards and procedures for state	19046
institutions of higher education to utilize in the granting of	19047
college credit for military training, experience, and coursework;	19048

(2) Create a military articulation and transfer assurance	19049
guide for college credit that is earned through military training,	19050
experience, and coursework. The chancellor shall use the current	19051
articulation and transfer policy adopted pursuant to section	19052
3333.16 of the Revised Code as a model in developing this guide.	19053

(3) Create a web site that contains information related to	19054
the awarding of college credit for military training, experience,	19055
and coursework. The web site shall include both of the following:	19056

(a) Standardized resources that address frequently asked	19057
questions regarding the awarding of such credit and related	19058
issues.	19059

(b) A statewide database that shows how specified military	19060
training, experience, and coursework translates to college credit.	19061

(4) Develop a statewide training program that prepares	19062
faculty and staff of state institutions of higher education to	19063
evaluate various military training, experience, and coursework and	19064
to award appropriate equivalent credit. The training program shall	19065
incorporate the best practices of awarding credit for military	19066
experiences, including both the recommendations of the American	19067
council on education and the standards developed by the council	19068
for adult and experiential learning.	19069

(C) Beginning on July 1, 2015, state institutions of higher	19070
education shall ensure that appropriate equivalent credit is	19071
awarded for military training, experience, and coursework that	19072
meet the standards developed by the chancellor pursuant to this	19073
section.	19074

Sec. 3333.171. (A) The chancellor of the Ohio board of	19075
regents may enter into a reciprocity agreement with the midwestern	19076
higher education compact whereby the agreement provides for both	19077
of the following:	19078

(1) A participating institution in Ohio may enroll residents	19079
of a participating state in distance education programs at that	19080
institution without attaining prior approval from the appropriate	19081
agency of that participating state.	19082

(2) A participating institution in another state may enroll	19083
Ohio residents in distance education programs at that institution	19084
without attaining prior approval from the chancellor.	19085

(B) Under the terms of an agreement, the chancellor may do	19086
any of the following:	19087

(1) Apply on behalf of the state of Ohio to become an	19088
eligible state to participate in the agreement;	19089

(2) Designate the board of regents as the lead agency to	19090
ensure that Ohio meets the eligibility requirements of the	19091
agreement, as determined by the midwestern higher education	19092
compact;	19093

(3) Develop criteria and procedures for eligible institutions	19094
in Ohio to apply to participate in the agreement and for their	19095
continued participation in the agreement;	19096

(4) Assess and collect fees, pursuant to rules adopted by the	19097
chancellor under Chapter 119. of the Revised Code, from	19098
participating institutions in Ohio;	19099

(5) Collect annual data, as prescribed by the chancellor or	19100
as required by the midwestern higher education compact, from	19101
participating institutions in Ohio;	19102

(6) Develop a student grievance process to resolve complaints	19103
brought against participating institutions in Ohio in regard to	19104
the distance education programs that are eligible under the terms	19105
of the agreement;	19106

(7) Work collaboratively with the state board of career	19107
colleges and schools to determine the eligibility of institutions	19108
authorized by that agency under section 3332.05 of the Revised	19109
Code for initial and continued participation in the agreement;	19110

(8) Perform other duties and responsibilities as required for	19111
participation in the agreement.	19112

(C) Any eligible institution in Ohio that wishes to	19113
participate in the agreement entered into under this section shall	19114
first attain approval for inclusion in the agreement from the	19115
chancellor. Thereafter, a participating institution in Ohio shall	19116
attain approval from the chancellor for any new distance education	19117
programs offered by that institution prior to enrolling residents	19118
of a participating state in such programs under the terms of the	19119
agreement.	19120

(D) All other post-secondary activity that requires the	19121
chancellor's approval and is not included under the terms of the	19122
agreement entered into under this section is subject to the	19123
chancellor's review and approval pursuant to Chapters 1713. and	19124
3333. of the Revised Code.	19125

(E) The chancellor may terminate the agreement entered into	19126
under this section or remove the board of regents as the lead	19127
agency on the agreement, if the chancellor determines that the	19128
agreement is not in the best interest of the state or the board.	19129

(F) For purposes of this section:

19130

(1) "Eligible institution in Ohio" is any of the following	19131
types of institutions, as long as it is degree-granting and is	19132
accredited by an accrediting agency recognized by the United	19133
States secretary of education:	19134

(a) A state institution of higher education as defined in	19135
section 3345.011 of the Revised Code;	19136

(b) An Ohio institution of higher education that has received	19137
a certificate of authorization pursuant to Chapter 1713. of the	19138
Revised Code;	19139

(c) An Ohio institution of higher education authorized by the	19140
state board of career colleges and schools under section 3332.05	19141
of the Revised Code;	19142

(2) "Participating institution in Ohio" is any "eligible	19143
institution in Ohio" that has been approved by the chancellor for	19144
participation in the agreement entered into under this section.	19145

(3) "Participating institution in another state" is any	19146
institution of higher education that is located outside of Ohio	19147
that meets the eligibility requirements under the terms of a	19148
similar reciprocity agreement and is approved by the appropriate	19149
agency of that institution's home state to participate in an	19150
agreement entered into with the midwestern higher education	19151
compact, the New England board of higher education, the southern	19152
regional education board, or the western interstate commission for	19153
higher education.	19154

Sec. 3333.33. (A) A community college established under	19155
Chapter 3354. of the Revised Code, state community college	19156
established under Chapter 3358. of the Revised Code, or technical	19157
college established under Chapter 3357. of the Revised Code may	19158
establish a tuition guarantee program, subject to approval of the	19159
chancellor of the Ohio board of regents.	19160

(B) The chancellor shall establish guidelines for the board	19161
of trustees of a community college, state community college, or	19162
technical college to follow when developing a tuition guarantee	19163
program and submitting applications to the chancellor.	19164

Sec. 3333.35. The state board of education and the	19165
chancellor of the Ohio board of regents shall strive to reduce	19166
unnecessary student remediation costs incurred by colleges and	19167
universities in this state, increase overall access for students	19168
to higher education, enhance the ~~post-secondary enrollment options~~	19169
college credit plus program in accordance with Chapter 3365. of	19170
the Revised Code, and enhance the alternative resident educator	19171
licensure program in accordance with section 3319.26 of the	19172
Revised Code.	19173

Sec. 3333.43. This section does not apply to any	19174
baccalaureate degree program that is a cooperative education	19175
program, as defined in section 3333.71 of the Revised Code.	19176

(A) The chancellor of the Ohio board of regents shall require	19177
all state institutions of higher education that offer	19178
baccalaureate degrees, as a condition of reauthorization for	19179
certification of each baccalaureate program offered by the	19180
institution, to submit a statement describing how each major for	19181
which the school offers a baccalaureate degree may be completed	19182
within three academic years. The chronology of the statement shall	19183
begin with the fall semester of a student's first year of the	19184
baccalaureate program.	19185

(B) The statement required under this section may include,	19186
but not be limited to, any of the following methods to contribute	19187
to earning a baccalaureate degree in three years:	19188

(1) Advanced placement credit;

19189

(2) International baccalaureate program credit;

19190

(3) A waiver of degree and credit-hour requirements by	19191
completion of courses that are widely available at community	19192
colleges in the state or through online programs offered by state	19193
institutions of higher education or private nonprofit institutions	19194
of higher education holding certificates of authorization under	19195
Chapter 1713. of the Revised Code, and through courses taken by	19196
the student through the ~~post-secondary enrollment options~~college	19197
credit plus program under Chapter 3365. of the Revised Code;	19198

(4) Completion of coursework during summer sessions;

19199

(5) A waiver of foreign-language degree requirements based on	19200
a proficiency examination specified by the institution.	19201

(C)(1) Not later than October 15, 2012, each state	19202
institution of higher education shall provide statements required	19203
under this section for ten per cent of all baccalaureate degree	19204
programs offered by the institution.	19205

(2) Not later than June 30, 2014, each state institution of	19206
higher education shall provide statements required under this	19207
section for sixty per cent of all baccalaureate degree programs	19208
offered by the institution.	19209

(D) Each state institution of higher education required to	19210
submit statements under this section shall post its three-year	19211
option on its web site and also provide that information to the	19212
department of education. The department shall distribute that	19213
information to the superintendent, high school principal, and	19214
guidance counselor, or equivalents, of each school district,	19215
community school established under Chapter 3314. of the Revised	19216
Code, and STEM school established under Chapter 3326. of the	19217
Revised Code.	19218

(E) Nothing in this section requires an institution to take	19219
any action that would violate the requirements of any independent	19220
association accrediting baccalaureate degree programs.	19221

Sec. 3333.44. The chancellor of the Ohio board of regents	19222
shall designate a postsecondary globalization liaison to work with	19223
state institutions of higher education, as defined in section	19224
3345.011 of the Revised Code, other state agencies, and	19225
representatives of the business community to enhance the state's	19226
globalization efforts.	19227

The chancellor may designate a person already employed by the	19228
chancellor as the liaison.	19229

Sec. 3333.86. The chancellor of the Ohio board of regents	19230
may determine the manner in which a course included in the	19231
clearinghouse may be offered as ~~a dual enrollment~~an advanced	19232
standing program as defined in section 3313.6013 of the Revised	19233
Code, may be offered to students who are enrolled in nonpublic	19234
schools or are instructed at home pursuant to section 3321.04 of	19235
the Revised Code, or may be offered at times outside the normal	19236
school day or school week, including any necessary additional fees	19237
and methods of payment for a course so offered.	19238

Sec. 3333.90. (A) The chancellor of the Ohio board of regents	19239
shall establish a course and program sharing network that enables	19240
members of the university system of Ohio and adult career centers	19241
to share curricula for existing courses and academic programs with	19242
one another. The purpose of the network shall be to increase	19243
course availability across the state and to avoid unnecessary	19244
course duplication through the sharing of existing curricula.	19245

(B) The chancellor shall adopt rules to administer the course	19246
and program sharing network established under this section.	19247

(C) As used in this section, "member of the university system	19248
of Ohio" has the same meaning as in section 3345.011 of the	19249
Revised Code.	19250

Sec. 3333.91. Not later than December 31, 2014, the	19251
governor's office of workforce transformation, in collaboration	19252
with the chancellor of the Ohio board of regents, the	19253
superintendent of public instruction, and the department of job	19254
and family services, shall develop and submit to the appropriate	19255
federal agency a single, integrated state plan for the adult basic	19256
and literacy education program administered by the United States	19257
secretary of education, the "Carl D. Perkins Vocational and	19258
Technical Education Act," 20 U.S.C. 2301, et seq., as amended, and	19259
the "Workforce Investment Act of 1998," 29 U.S.C. 2801, et seq.,	19260
as amended. Following the plan's initial submission to the	19261
appropriate federal agency, the governor's office of workforce	19262
transformation may update it as necessary. If the plan is updated,	19263
the governor's office of workforce transformation shall submit the	19264
updated plan to the appropriate federal agency.	19265

Sec. 3345.06. (A) Subject to divisions (B) and (C) of this	19266
section, a graduate of the twelfth grade shall be entitled to	19267
admission without examination to any college or university which	19268
is supported wholly or in part by the state, but for unconditional	19269
admission may be required to complete such units not included in	19270
the graduate's high school course as may be prescribed, not less	19271
than two years prior to the graduate's entrance, by the faculty of	19272
the institution.	19273

(B) Beginning with the 2014-2015 academic year, each state	19274
university listed in section 3345.011 of the Revised Code, except	19275
for Central state university, Shawnee state university, and	19276
Youngstown state university, shall permit a resident of this state	19277
who entered ninth grade for the first time on or after July 1,	19278
2010, to begin undergraduate coursework at the university only if	19279
the person has successfully completed the Ohio core curriculum for	19280
high school graduation prescribed in division (C) of section	19281
3313.603 of the Revised Code, unless one of the following applies:	19282

(1) The person has earned at least ten semester hours, or the	19283
equivalent, at a community college, state community college,	19284
university branch, technical college, or another post-secondary	19285
institution except a state university to which division (B) of	19286
this section applies, in courses that are college-credit-bearing	19287
and may be applied toward the requirements for a degree. The	19288
university shall grant credit for successful completion of those	19289
courses pursuant to any applicable articulation and transfer	19290
policy of the Ohio board of regents or any agreements the	19291
university has entered into in accordance with policies and	19292
procedures adopted under section 3333.16, ~~3313.161~~3333.161, or	19293
3333.162 of the Revised Code. The university may count college	19294
credit that the student earned while in high school through the	19295
~~post-secondary enrollment options~~college credit plus program	19296
under Chapter 3365. of the Revised Code, or through other ~~dual~~	19297
~~enrollment~~advanced standing programs, toward the requirements of	19298
division (B)(1) of this section if the credit may be applied	19299
toward a degree.	19300

(2) The person qualified to graduate from high school under	19301
division (D) or (F) of section 3313.603 of the Revised Code and	19302
has successfully completed the topics or courses that the person	19303
lacked to graduate under division (C) of that section at any	19304
post-secondary institution or at a summer program at the state	19305
university. A state university may admit a person for enrollment	19306
contingent upon completion of such topics or courses or summer	19307
program.	19308

(3) The person met the high school graduation requirements by	19309
successfully completing the person's individualized education	19310
program developed under section 3323.08 of the Revised Code.	19311

(4) The person is receiving or has completed the final year	19312
of instruction at home as authorized under section 3321.04 of the	19313
Revised Code, or has graduated from a nonchartered, nonpublic	19314
school in Ohio, and demonstrates mastery of the academic content	19315
and skills in reading, writing, and mathematics needed to	19316
successfully complete introductory level coursework at an	19317
institution of higher education and to avoid remedial coursework.	19318

(5) The person is a high school student participating in the	19319
~~post-secondary enrollment options~~college credit plus program	19320
under Chapter 3365. of the Revised Code or another ~~dual enrollment~~	19321
advanced standing program.	19322

(C) A state university subject to division (B) of this	19323
section may delay admission for or admit conditionally an	19324
undergraduate student who has successfully completed the Ohio core	19325
curriculum if the university determines the student requires	19326
academic remedial or developmental coursework. The university may	19327
delay admission pending, or make admission conditional upon, the	19328
student's successful completion of the academic remedial or	19329
developmental coursework at a university branch, community	19330
college, state community college, or technical college.	19331

(D) This section does not deny the right of a college of law,	19332
medicine, or other specialized education to require college	19333
training for admission, or the right of a department of music or	19334
other art to require particular preliminary training or talent.	19335

Sec. 3345.42. Not later than December 31, 2014, the board of	19336
trustees of each state institution of higher education, as defined	19337
in section 3345.011 of the Revised Code, shall do both of the	19338
following:	19339

(A) Designate at least one person employed by the institution	19340
to serve as the contact person for veterans affairs. This person	19341
shall assist and advise veterans on issues related to earning	19342
college credit for military training, experience, and coursework.	19343

(B) Adopt a policy regarding the support and assistance the	19344
institution will provide to veterans.	19345

The chancellor of the Ohio board of regents shall provide	19346
guidance to state institutions of higher education in their	19347
compliance with this section, including the recommendation of	19348
standardized policies on support and assistance to veterans.	19349

Sec. 3345.43. (A) Not later than December 31, 2014, and	19350
continuing thereafter, each state institution of higher education,	19351
as defined in section 3345.011 of the Revised Code, shall provide	19352
a student who is either a veteran or a service member with	19353
priority for course registration.	19354

(B) As used in this section:

19355

(1) "Service member" means a person who is serving in the	19356
armed forces of the United States.	19357

(2) "Veteran" means any person who has completed service in	19358
the armed forces, including the national guard of any state or a	19359
reserve component of the armed forces, and who has been discharged	19360
under honorable conditions from the armed forces or who has been	19361
transferred to the reserve with evidence of satisfactory service.	19362

Sec. 3345.44. Not later than December 31, 2014, the board of	19363
trustees or managing authority of each state institution of higher	19364
education, as defined in section 3345.011 of the Revised Code,	19365
shall establish an appeals procedure for students who are veterans	19366
for resolving disputes regarding the awarding of college credit	19367
for military experience.	19368

Sec. 3345.46. (A) On or after December 31, 2014, no state	19369
institution of higher education, as defined in section 3345.011 of	19370
the Revised Code, shall charge a student who is a veteran or a	19371
service member any fee for the evaluation of, transcription of, or	19372
application for college credit for military experience.	19373

(B) As used in this section:

19374

(1) "Service member" means a person who is serving in the	19375
armed forces of the United States.	19376

(2) "Veteran" means any person who has completed service in	19377
the armed forces, including the national guard of any state or a	19378
reserve component of the armed forces, and who has been discharged	19379
under honorable conditions from the armed forces or who has been	19380
transferred to the reserve with evidence of satisfactory service.	19381

Sec. 3358.06. (A) The treasurer of each state community	19382
college district shall be its fiscal officer, and the treasurer	19383
shall receive and disburse all funds under the direction of the	19384
college president. No contract of the college's board of trustees	19385
involving the expenditure of money shall become effective until	19386
the treasurer certifies that there are funds of the board	19387
otherwise uncommitted and sufficient to provide therefor.	19388

When the treasurer ceases to hold the office, the treasurer	19389
or the treasurer's legal representative shall deliver to the	19390
treasurer's successor or the president all moneys, books, papers,	19391
and other property of the college.	19392

Before entering upon the discharge of official duties, the	19393
treasurer shall give bond to the state or be insured for the	19394
faithful performance of official duties and the proper accounting	19395
for all moneys coming into the treasurer's care. The amount of the	19396
bond or insurance shall be determined by the board but shall not	19397
be for a sum less than the estimated amount that may come into the	19398
treasurer's control at any time, less any reasonable deductible.	19399
~~The bond shall be approved by the attorney general.~~	19400

(B) The board of trustees may provide for the investment of	19401
district funds. Investments may be made in securities of the	19402
United States government or of its agencies or instrumentalities,	19403
the treasurer of state's pooled investment program, obligations of	19404
this state or any political subdivision of this state,	19405
certificates of deposit of any national bank located in this	19406
state, written repurchase agreements with any eligible Ohio	19407
financial institution that is a member of the federal reserve	19408
system or federal home loan bank, money market funds, or bankers	19409
acceptances maturing in two hundred seventy days or less which are	19410
eligible for purchase by the federal reserve system, as a reserve.	19411
Notwithstanding the foregoing or any provision of the Revised Code	19412
to the contrary, the board of trustees of a state community	19413
college district may provide for the investment of district funds	19414
in any manner authorized under section 3345.05 of the Revised	19415
Code.	19416

Sec. 3365.01. As used in this chapter:

19417

(A) "Articulated credit" means post-secondary credit that is	19418
reflected on the official record of a student at an institution of	19419
higher education only upon enrollment at that institution after	19420
graduation from a secondary school.	19421

(B) "Default ceiling amount" means one of the following	19422
amounts, whichever is applicable:	19423

(1) For a participant enrolled in a college operating on a	19424
semester schedule, the amount calculated according to the	19425
following formula:	19426

((0.83 X formula amount) / 30)	19428

X number of enrolled credit hours	19429

(2) For a participant enrolled in a college operating on a	19430
quarter schedule, the amount calculated according to the following	19431
formula:	19432

((0.83 X formula amount) / 45)	19434

X number of enrolled credit hours	19435

(C) "Default floor amount" means twenty-five per cent of the	19436
default ceiling amount.	19437

(D) "Fee" means any course-related fee and any other fee	19438
imposed by the college, but not included in tuition, for	19439
participation in the program established by this chapter.	19440

(E) "Formula amount" has the same meaning as in section	19441
3317.02 of the Revised Code.	19442

(F) "Governing entity" means a board of education of a school	19443
district, a governing authority of a community school established	19444
under Chapter 3314., a governing body of a STEM school established	19445
under Chapter 3326., or a board of trustees of a	19446
college-preparatory boarding school established under Chapter	19447
3328. of the Revised Code.	19448

(G) "Home-instructed participant" means a student who has	19449
been excused from the compulsory attendance law for the purpose of	19450
home instruction under section 3321.04 of the Revised Code, and is	19451
participating in the program established by this chapter.	19452

(H) "Maximum per participant charge amount" means one of the	19453
following amounts, whichever is applicable:	19454

(1) For a participant enrolled in a college operating on a	19455
semester schedule, the amount calculated according to the	19456
following formula:	19457

((formula amount / 30)	19458

X number of enrolled credit hours)	19459

- default ceiling amount	19460

(2) For a participant enrolled in a college operating on a	19461
quarter schedule, the amount calculated according to the following	19462
formula:	19463

((formula amount / 45)	19464

X number of enrolled credit hours)	19465

– default ceiling amount	19466

(I) "Nonpublic secondary school" means a chartered or	19467
nonchartered school for which minimum standards are prescribed by	19468
the state board of education pursuant to division (D) of section	19469
3301.07 of the Revised Code.	19470

(J) "Number of enrolled credit hours" means the number of	19471
credit hours for a course in which a participant is enrolled	19472
during the previous term after the date on which a withdrawal from	19473
a course would have negatively affected the participant's	19474
transcripted grade, as prescribed by the college's established	19475
withdrawal policy.	19476

(K) "Parent" has the same meaning as in section 3313.64 of	19477
the Revised Code.	19478

(L) "Participant" means any student enrolled in a college	19479
under the program established by this chapter.	19480

(M) "Partnering college" means a college with which a public	19481
or nonpublic secondary school has entered into an agreement in	19482
order to offer the program established by this chapter.	19483

(N) "Partnering secondary school" means a public or nonpublic	19484
secondary school with which a college has entered into an	19485
agreement in order to offer the program established by this	19486
chapter.	19487

(O) "Private college" means any of the following:

19488

(1) A nonprofit institution holding a certificate of	19489
authorization pursuant to Chapter 1713. of the Revised Code;	19490

(2) An institution holding a certificate of registration from	19491
the state board of career colleges and schools and program	19492
authorization for an associate or bachelor's degree program issued	19493
under section 3332.05 of the Revised Code;	19494

(3) A private institution exempt from regulation under	19495
Chapter 3332. of the Revised Code as prescribed in section	19496
3333.046 of the Revised Code.	19497

(P) "Public college" means a "state institution of higher	19498
education" in section 3345.011 of the Revised Code, excluding the	19499
northeast Ohio medical university.	19500

(Q) "Public secondary school" means a school serving grades	19501
nine through twelve in a city, local, or exempted village school	19502
district, a joint vocational school district, a community school	19503
established under Chapter 3314., a STEM school established under	19504
Chapter 3326., or a college-preparatory boarding school	19505
established under Chapter 3328. of the Revised Code.	19506

(R) "School year" has the same meaning as in section 3313.62	19507
of the Revised Code.	19508

(S) "Secondary grade" means any of grades nine through	19509
twelve.	19510

(T) "Transcripted credit" means post-secondary credit that is	19511
conferred by an institution of higher education and is reflected	19512
on a student's official record at that institution upon completion	19513
of a course.	19514

Sec. 3365.02. (A) There is hereby established the college	19515
credit plus program under which, beginning with the 2015-2016	19516
school year, a secondary grade student who is a resident of this	19517
state may enroll at a college, on a full- or part-time basis, and	19518
complete nonsectarian, nonremedial courses for high school and	19519
college credit. The program shall govern arrangements in which a	19520
secondary grade student enrolls in a college and, upon successful	19521
completion of coursework taken under the program, receives	19522
transcripted credit from the college, except for any of the	19523
following:	19524

(1) An agreement governing an early college high school	19525
program that meets any of the exemption criteria under division	19526
(E) of section 3313.6013 of the Revised Code;	19527

(2) An advanced placement course or international	19528
baccalaureate diploma course, as described in divisions (A)(2) and	19529
(3) of section 3313.6013 of the Revised Code;	19530

(3) A career-technical education program that is approved by	19531
the department of education under section 3317.161 of the Revised	19532
Code and grants articulated credit to students participating in	19533
that program.	19534

(B) Any student enrolled in a public or nonpublic secondary	19535
school in the student's ninth, tenth, eleventh, or twelfth grade	19536
and any student who has been excused from the compulsory	19537
attendance law for the purpose of home instruction under section	19538
3321.04 of the Revised Code and is the equivalent of a ninth,	19539
tenth, eleventh, or twelfth grade student, may participate in the	19540
program, if the student meets the applicable eligibility criteria	19541
in section 3365.03 of the Revised Code.	19542

(C) All public secondary schools and all public colleges	19543
shall participate in the program and are subject to the	19544
requirements of this chapter. Any nonpublic secondary school or	19545
private college that chooses to participate in the program shall	19546
also be subject to the requirements of this chapter.	19547

(D) The state board of education, in accordance with Chapter	19548
119. of the Revised Code and in consultation with the chancellor	19549
of the Ohio board of regents, shall adopt rules governing the	19550
program.	19551

Sec. 3365.03. (A) A student enrolled in a public or nonpublic	19552
secondary school during the student's ninth, tenth, eleventh, or	19553
twelfth grade school year or a student who has been excused from	19554
the compulsory attendance law for the purpose of home instruction	19555
under section 3321.04 of the Revised Code and is the equivalent of	19556
a ninth, tenth, eleventh, or twelfth grade student, may apply to	19557
and enroll in a college under the college credit plus program.	19558

(1) In order for a public secondary school student to	19559
participate in the program, all of the following criteria shall be	19560
met:	19561

(a) The student or the student's parent shall inform the	19562
principal, or equivalent, of the student's school by the first day	19563
of April of the student's intent to participate in the program	19564
during the following school year. Any student who fails to provide	19565
the notification by the required date may not participate in the	19566
program during the following school year without the written	19567
consent of the principal, or equivalent.	19568

(b) The student shall both:

19569

(i) Apply to a public or a participating private college in	19570
accordance with the college's established procedures for	19571
admission, pursuant to section 3365.05 of the Revised Code;	19572

(ii) Meet the college's established standards for admission	19573
and for course placement, including course-specific capacity	19574
limitations, pursuant to section 3365.05 of the Revised Code.	19575

(c) The student shall elect at the time of enrollment to	19576
participate under either division (A) or (B) of section 3365.06 of	19577
the Revised Code for each course under the program.	19578

(d) The student and the student's parent shall sign a form,	19579
provided by the school, stating that they have received the	19580
counseling required under division (B) of section 3365.04 of the	19581
Revised Code and that they understand the responsibilities they	19582
must assume in the program.	19583

(2) In order for a nonpublic secondary school or	19584
home-instructed student to participate in the program, both of the	19585
following criteria shall be met:	19586

(a) The student shall meet the criteria in divisions	19587
(A)(1)(b) and (c) of this section.	19588

(b) The student shall satisfy all application procedures and	19589
standards established in rules adopted by the state board of	19590
education, in consultation with the chancellor of the Ohio board	19591
of regents, pursuant to section 3365.071 of the Revised Code.	19592

(B) Except as provided for in division (C) of this section	19593
and in sections 3365.031 and 3365.032 of the Revised Code:	19594

(1) No public secondary school shall prohibit a student	19595
enrolled in that school from participating in the program if that	19596
student meets all of the criteria in division (A)(1) of this	19597
section.	19598

(2) No participating nonpublic secondary school shall	19599
prohibit a student enrolled in that school from participating in	19600
the program if the student meets all of the criteria in division	19601
(A)(2) of this section and, if the student is enrolled under	19602
division (B) of section 3365.06 of the Revised Code, the student	19603
is awarded funding from the department in accordance with rules	19604
adopted by the state board, in consultation with the chancellor,	19605
pursuant to section 3365.071 of the Revised Code.	19606

(C) For purposes of this section, during the period of an	19607
expulsion imposed by a public secondary school, a student is	19608
ineligible to apply to enroll in a college under this section,	19609
unless the student is admitted to another public secondary or	19610
participating nonpublic secondary school. If a student is enrolled	19611
in a college under this section at the time the student is	19612
expelled, the student's status for the remainder of the college	19613
term in which the expulsion is imposed shall be determined under	19614
section 3365.032 of the Revised Code.	19615

(D) Upon a student's graduation from high school,	19616
participation in the college credit plus program shall not affect	19617
the student's eligibility at any public college for scholarships	19618
or for other benefits or opportunities that are available to	19619
first-time college students and are awarded by that college,	19620
regardless of the number of credit hours that the student	19621
completed under the program.	19622

~~Sec. 3365.06.~~ Sec. 3365.031. (A) A student in grade nine may not	19623
enroll in courses under this chapter for which the student elects	19624
under division (B) of section ~~3365.04~~3365.06 of the Revised Code	19625
to receive credit toward high school graduation for more than the	19626
equivalent of four academic school years. A student enrolling in	19627
courses under this chapter may not enroll in courses in which the	19628
student elects to receive credit toward high school graduation for	19629
more than the equivalent of:	19630

(1) Three academic school years, if the student so enrolls	19631
for the first time in grade ten;	19632

(2) Two academic school years, if the student so enrolls for	19633
the first time in grade eleven;	19634

(3) One academic school year, if the student so enrolls for	19635
the first time in grade twelve.	19636

~~These~~(B) The restrictions prescribed in division (A) of this	19637
section shall be reduced proportionately for any such student who	19638
enrolls in the program during the course of a school year in	19639
accordance with rules adopted under section 3365.02 of the Revised	19640
Code.	19641

~~(B) In considering the admission of any secondary student, a~~	19642
~~college shall give priority to its other students regarding~~	19643
~~enrollment in courses. However, once a student has been accepted~~	19644
~~in a course as a participant, the institution shall not displace~~	19645
~~the participant for another student.~~	19646

~~Sec. 3365.041.~~ Sec. 3365.032. (A) When a ~~school district~~	19647
~~superintendent, the governing authority of a community school, or~~	19648
~~the chief administrative officer of a STEM~~public secondary school	19649
expels a student under division (B) of section 3313.66 of the	19650
Revised Code or, for a college-preparatory boarding school	19651
established under Chapter 3328. of the Revised Code, in accordance	19652
with the school's bylaws adopted pursuant to section 3328.13 of	19653
the Revised Code, the ~~district~~ superintendent, ~~governing~~	19654
~~authority, or chief administrative officer~~or equivalent, shall	19655
send a written notice of the expulsion to any college in which the	19656
expelled student is enrolled under section 3365.03 of the Revised	19657
Code at the time the expulsion is imposed. The notice shall	19658
indicate the date the expulsion is scheduled to expire. The notice	19659
also shall indicate whether the ~~district board of education,~~	19660
~~community school governing authority, or the STEM~~ school has	19661
adopted a policy under section 3313.613 of the Revised Code or,	19662
for a college-preparatory boarding school, in accordance with the	19663
school's bylaws adopted pursuant to section 3328.13 of the Revised	19664
Code to deny high school credit for ~~post-secondary~~ courses taken	19665
under the college credit plus program during an expulsion. If the	19666
expulsion is extended under division (F) of section 3313.66 of the	19667
Revised Code or, for a college-preparatory boarding school, in	19668
accordance with the school's bylaws adopted pursuant to section	19669
3328.13 of the Revised Code, the ~~district~~ superintendent,	19670
~~community school governing authority, or STEM school chief~~	19671
~~administrative officer~~or equivalent, shall notify the college of	19672
the extension.	19673

(B) A college may withdraw its acceptance under section	19674
3365.03 of the Revised Code of a student who is expelled from	19675
school under division (B) of section 3313.66 of the Revised Code	19676
or, for a college-preparatory boarding school, in accordance with	19677
the school's bylaws adopted pursuant to section 3328.13 of the	19678
Revised Code. As provided in section 3365.03 of the Revised Code,	19679
regardless of whether the college withdraws its acceptance of the	19680
student for the college term in which the student is expelled, the	19681
student is ineligible to enroll in a college under that section	19682
for subsequent college terms during the period of the expulsion,	19683
unless the student enrolls in another public school ~~district or~~	19684
~~community school,~~ or a participating nonpublic school during that	19685
period.	19686

If a college withdraws its acceptance of an expelled student	19687
who elected either option of division (A)(1) or (2) of section	19688
~~3365.04~~3365.06 of the Revised Code, the college shall refund	19689
tuition and fees paid by the student in the same proportion that	19690
it refunds tuition and fees to students who voluntarily withdraw	19691
from the college at the same time in the term.	19692

If a college withdraws its acceptance of an expelled student	19693
who elected the option of division (B) of section ~~3365.04~~3365.06	19694
of the Revised Code, the public school ~~district, community school,~~	19695
~~or STEM school~~ shall not award high school credit for the college	19696
courses in which the student was enrolled at the time the college	19697
withdrew its acceptance, and any reimbursement under section	19698
3365.07 of the Revised Code ~~or through alternative funding~~	19699
~~agreements entered into under rules adopted under section 3365.12~~	19700
~~of the Revised Code~~ for the student's attendance prior to the	19701
withdrawal shall be the same as would be paid for a student who	19702
voluntarily withdrew from the college at the same time in the	19703
term. If the withdrawal results in the college's receiving no	19704
reimbursement, the college or secondary school may require the	19705
student to return or pay for ~~the~~any textbooks and materials it	19706
provided the student free of charge ~~under section 3365.08 of the~~	19707
~~Revised Code~~.	19708

(C) When a student who elected the option of division (B) of	19709
section ~~3365.04~~3365.06 of the Revised Code is expelled under	19710
division (B) of section 3313.66 of the Revised Code or, for a	19711
college-preparatory boarding school, in accordance with the	19712
school's bylaws adopted pursuant to section 3328.13 of the Revised	19713
Code from a public school ~~district, community school, or STEM~~	19714
~~school~~ that has adopted a policy under section 3313.613 of the	19715
Revised Code or, for a college-preparatory boarding school, in	19716
accordance with the school's bylaws adopted pursuant to section	19717
3328.13 of the Revised Code to deny high school credit for courses	19718
taken under the college credit plus program during an expulsion,	19719
that election is automatically revoked for all college courses in	19720
which the student is enrolled during the college term in which the	19721
expulsion is imposed. Any reimbursement under section 3365.07 of	19722
the Revised Code ~~or through alternative funding agreements entered~~	19723
~~into under rules adopted under section 3365.12 of the Revised Code~~	19724
for the student's attendance prior to the expulsion shall be the	19725
same as would be paid for a student who voluntarily withdrew from	19726
the college at the same time in the term. If the revocation	19727
results in the college's receiving no reimbursement, the college	19728
or secondary school may require the student to return or pay for	19729
~~the~~any textbooks and materials it provided the student free of	19730
charge ~~under section 3365.08 of the Revised Code~~.	19731

NoNot later than five days after receiving an expulsion	19732
notice from the superintendent ~~of a district, the governing~~	19733
~~authority of a community school, or the chief administrative~~	19734
~~officer of a STEM~~, or equivalent, of a public school that has	19735
adopted a policy under section 3313.613 of the Revised Code or,	19736
for a college-preparatory boarding school, in accordance with the	19737
school's bylaws adopted pursuant to section 3328.13 of the Revised	19738
Code, the college shall send a written notice to the expelled	19739
student that the student's election of division (B) of section	19740
~~3365.04~~3365.06 of the Revised Code is revoked. If the college	19741
elects not to withdraw its acceptance of the student, the student	19742
shall pay all applicable tuition and fees for the college courses	19743
and shall pay for ~~the~~any textbooks and materials that the college	19744
or secondary school provided ~~under section 3365.08 of the Revised~~	19745
~~Code~~to the student.	19746

Sec. 3365.04. Each public and participating nonpublic	19747
secondary school shall do all of the following with respect to the	19748
college credit plus program:	19749

(A) Provide information about the program prior to the first	19750
day of March of each year to all students enrolled in grades eight	19751
through eleven;	19752

(B) Provide counseling services to students in grades eight	19753
through eleven and to their parents before the students	19754
participate in the program under this chapter to ensure that	19755
students and parents are fully aware of the possible consequences	19756
and benefits of participation. Counseling information shall	19757
include:	19758

(1) Program eligibility;

19759

(2) The process for granting academic credits;

19760

(3) Any necessary financial arrangements for tuition,	19761
textbooks, and fees;	19762

(4) Criteria for any transportation aid;

19763

(5) Available support services;

19764

(6) Scheduling;

19765

(7) Communicating the possible consequences and benefits of	19766
participation, including all of the following:	19767

(a) The consequences of failing or not completing a course	19768
under the program, including the effect on the student's ability	19769
to complete the secondary school's graduation requirements;	19770

(b) The effect of the grade attained in a course under the	19771
program being included in the student's grade point average, as	19772
applicable;	19773

(c) The benefits to the student for successfully completing a	19774
course under the program, including the ability to reduce the	19775
overall costs of, and the amount of time required for, a college	19776
education.	19777

(8) The academic and social responsibilities of students and	19778
parents under the program;	19779

(9) Information about and encouragement to use the counseling	19780
services of the college in which the student intends to enroll;	19781

(10) The standard packet of information for the program	19782
developed by the chancellor of the Ohio board of regents pursuant	19783
to section 3365.15 of the Revised Code;	19784

For a participating nonpublic secondary school, counseling	19785
information shall also include an explanation that funding may be	19786
limited and that not all students who wish to participate may be	19787
able to do so.	19788

(C) Promote the program on the school's web site, including	19789
the details of the school's current agreements with partnering	19790
colleges;	19791

(D) Schedule at least one informational session per school	19792
year to allow each partnering college that is located within	19793
thirty miles of the school to meet with interested students and	19794
parents. The session shall include the benefits and consequences	19795
of participation and shall outline any changes or additions to the	19796
requirements of the program. If there are no partnering colleges	19797
located within thirty miles of the school, the school shall	19798
coordinate with the closest partnering college to offer an	19799
informational session.	19800

(E) Implement a policy for the awarding of grades and the	19801
calculation of class standing for courses taken under division	19802
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy	19803
adopted under this division shall be equivalent to the school's	19804
current policy for courses taken under the advanced standing	19805
programs described in divisions (A)(2) and (3) of section	19806
3313.6013 of the Revised Code. If the current policy includes	19807
awarding a weighted grade or enhancing a student's class standing	19808
for courses taken under these programs, the policy adopted under	19809
this section shall also provide for these procedures to be applied	19810
to courses taken under the college credit plus program.	19811

(F) Develop model course pathways, pursuant to section	19812
3365.13 of the Revised Code, and publish the course pathways among	19813
the school's official list of course offerings for the program.	19814

(G) Annually collect, report, and track specified data	19815
related to the program according to data reporting guidelines	19816
adopted by the chancellor and the superintendent of public	19817
instruction pursuant to section 3365.15 of the Revised Code.	19818

Sec. 3365.05. Each public and participating private college	19819
shall do all of the following with respect to the college credit	19820
plus program:	19821

(A) Apply established standards and procedures for admission	19822
to the college and for course placement for participants. When	19823
determining admission and course placement, the college shall do	19824
all of the following:	19825

(1) Consider all available student data that may be an	19826
indicator of college readiness, including grade point average and	19827
end-of-course examination scores, if applicable;	19828

(2) Give priority to its current students regarding	19829
enrollment in courses. However, once a participant has been	19830
accepted into a course, the college shall not displace the	19831
participant for another student.	19832

(3) Adhere to any capacity limitations that the college has	19833
established for specified courses.	19834

(B) Send written notice to a participant, the participant's	19835
parent, the participant's secondary school, and the superintendent	19836
of public instruction, not later than fourteen calendar days prior	19837
to the first day of classes for that term, of the participant's	19838
admission to the college and to specified courses under the	19839
program.	19840

(C) Provide both of the following, not later than twenty-one	19841
calendar days after the first day of classes for that term, to	19842
each participant, participant's secondary school, and the	19843
superintendent of public instruction:	19844

(1) The courses and hours of enrollment of the participant;

19845

(2) The option elected by the participant under division (A)	19846
or (B) of section 3365.06 of the Revised Code for each course.	19847

The college shall also provide to each partnering school a	19848
roster of participants from that school that are enrolled in the	19849
college and a list of course assignments for each participant.	19850

(D) Promote the program on the college's web site, including	19851
the details of the college's current agreements with partnering	19852
secondary schools.	19853

(E) Coordinate with each partnering secondary school that is	19854
located within thirty miles of the college to present at least one	19855
informational session per school year for interested students and	19856
parents. The session shall include the benefits and consequences	19857
of participation and shall outline any changes or additions to the	19858
requirements of the program. If there are no partnering schools	19859
located within thirty miles of the college, the college shall	19860
coordinate with the closest partnering school to offer an	19861
informational session.	19862

(F) Assign an academic advisor that is employed by the	19863
college to each participant enrolled in that college. Prior to the	19864
date on which a withdrawal from a course would negatively affect a	19865
participant's transcripted grade, as prescribed by the college's	19866
established withdrawal policy, the college shall ensure that the	19867
academic advisor and the participant meet at least once to discuss	19868
the program and the courses in which the participant is enrolled.	19869

(G) Do both of the following with regard to high school	19870
teachers that are teaching courses for the college at a secondary	19871
school under the program:	19872

(1) Provide at least one professional development session per	19873
school year;	19874

(2) Conduct at least one classroom observation per school	19875
year for each course that is authorized by the college and taught	19876
by a high school teacher to ensure that the course meets the	19877
quality of a college-level course.	19878

(H) Annually collect, report, and track specified data	19879
related to the program according to data reporting guidelines	19880
adopted by the chancellor and the superintendent of public	19881
instruction pursuant to section 3365.15 of the Revised Code.	19882

~~Sec. 3365.04.~~ Sec. 3365.06. The rules adopted under section	19883
3365.02 of the Revised Code shall provide for ~~students~~	19884
participants to enroll in courses under either of the following	19885
options:	19886

(A) The ~~student~~participant may elect at the time of	19887
enrollment to be responsible for payment of all tuition and the	19888
cost of all textbooks, materials, and fees associated with the	19889
course. The college shall notify the ~~student~~participant about	19890
payment of tuition and fees in the customary manner followed by	19891
the college. A ~~student~~participant electing this option also shall	19892
elect, at the time of enrollment, whether to receive only college	19893
credit or high school credit and college credit for the course.	19894

(1) The ~~student~~participant may elect to receive only college	19895
credit for the course. Except as provided in section ~~3365.041~~	19896
3365.032 of the Revised Code, if the ~~student~~participant	19897
successfully completes the course, the college shall award the	19898
~~student~~participant full credit for the course, but the ~~board of~~	19899
~~education, community school governing authority, STEM~~governing	19900
entity of a public secondary school, or ~~nonpublic~~the governing	19901
body of a participating nonpublic secondary school shall not award	19902
the high school credit.	19903

(2) The ~~student~~participant may elect to receive both high	19904
school credit and college credit for the course. Except as	19905
provided in section ~~3365.041~~3365.032 of the Revised Code, if the	19906
~~student~~participant successfully completes the course, the college	19907
shall award the ~~student~~participant full credit for the course and	19908
the ~~board of education, community school governing authority, STEM~~	19909
governing entity of a public school, or the governing body of a	19910
participating nonpublic school shall award the ~~student~~participant	19911
high school credit.	19912

(B) The ~~student~~participant may elect at the time of	19913
enrollment for each course to have the college reimbursed under	19914
section 3365.07 of the Revised Code ~~or as provided in alternative~~	19915
~~funding agreements entered into under rules adopted under section~~	19916
~~3365.12 of the Revised Code~~. Except as provided in section	19917
~~3365.041~~3365.032 of the Revised Code, if the ~~student~~participant	19918
successfully completes the course, the college shall award the	19919
~~student~~participant full credit for the course,and the ~~board of~~	19920
~~education, community school governing authority, STEM~~governing	19921
entity of a public school, or the governing body of a	19922
participating nonpublic school shall award the ~~student~~participant	19923
high school credit~~, and the college shall be reimbursed in~~	19924
~~accordance with section 3365.07 of the Revised Code or alternative~~	19925
~~funding agreements entered into under rules adopted under section~~	19926
~~3365.12 of the Revised Code~~. If the participant elects to have the	19927
college reimbursed under this division, the department shall	19928
reimburse the college for the number of enrolled credit hours in	19929
accordance with section 3365.07 of the Revised Code.	19930

When determining a school district's ~~formula ADM~~enrollment	19931
under section 3317.03 of the Revised Code, the time a participant	19932
is attending courses under division (A) of this section shall be	19933
considered as time the participant is not attending or enrolled in	19934
school anywhere, and the time a participant is attending courses	19935
under division (B) of this section shall be considered as time the	19936
participant is attending or enrolled in the district's schools.	19937

Sec. 3365.07. The department of education shall calculate	19938
and pay state funds to colleges for participants in the college	19939
credit plus program under division (B) of section 3365.06 of the	19940
Revised Code pursuant to this section. For a nonpublic secondary	19941
school or home-instructed participant, the department shall pay	19942
state funds pursuant to this section only if that participant is	19943
awarded funding according to rules adopted by the state board of	19944
education, in consultation with the chancellor of the Ohio board	19945
of regents, pursuant to section 3365.071 of the Revised Code. The	19946
program shall be the sole mechanism by which state funds are paid	19947
to colleges for students to earn college-level credit while	19948
enrolled in a secondary school, with the exception of the programs	19949
listed in division (A) of section 3365.02 of the Revised Code.	19950

(A) For each public or nonpublic secondary school participant	19951
enrolled in a public college:	19952

(1) If no agreement has been entered into under division	19953
(A)(2) of this section, both of the following shall apply:	19954

(a) The department shall pay to the college the applicable	19955
amount as follows:	19956

(i) For a participant enrolled in a college course delivered	19957
on the college campus, at another location operated by the	19958
college, or online, the default ceiling amount;	19959

(ii) For a participant enrolled in a college course delivered	19960
at the participant's secondary school but taught by college	19961
faculty, fifty per cent of the default ceiling amount;	19962

(iii) For a participant enrolled in a college course	19963
delivered at the participant's secondary school and taught by a	19964
high school teacher who has met the credential requirements	19965
established for purposes of the program in rules adopted by the	19966
chancellor of the Ohio board of regents, the default floor amount.	19967

(b) The participant's secondary school shall pay for	19968
textbooks, and the college shall waive payment of all other fees	19969
related to participation in the program.	19970

(2) The governing entity of a participant's secondary school	19971
and the college may enter into an agreement to establish an	19972
alternative payment structure for tuition, textbooks, and fees.	19973
Under such an agreement, payments for each participant made by the	19974
department shall be not less than the default floor amount and not	19975
more than the default ceiling amount.	19976

(3) No participant that is enrolled in a public college shall	19977
be charged for any tuition, textbooks, or other fees related to	19978
participation in the program.	19979

(B) For each public secondary school participant enrolled in	19980
a private college:	19981

(1) If no agreement has been entered into under division	19982
(B)(2) of this section, the department shall pay to the college	19983
the applicable amount calculated in the same manner as in division	19984
(A)(1)(a) of this section.	19985

(2) The governing entity of a participant's secondary school	19986
and the college may enter into an agreement to establish an	19987
alternative payment structure for tuition, textbooks, and fees.	19988
Under such an agreement, payments shall be not less than the	19989
default floor amount and not more than the default ceiling amount.	19990
The agreement may include a stipulation permitting the charging of	19991
a participant. A participant may be charged an amount not to	19992
exceed the maximum per participant charge amount. A participant	19993
may be charged only if all of the following conditions are met:	19994

(a) Payments for the participant made by the department to	19995
the college are not less than the default ceiling amount.	19996

(b) The school provides information to the participant on the	19997
no-cost options available under this chapter.	19998

(c) The participant is not identified as economically	19999
disadvantaged according to rules adopted by the department.	20000

(C) For each nonpublic secondary school participant enrolled	20001
in a private college, the department shall pay to the college the	20002
applicable amount calculated in the same manner as in division	20003
(A)(1)(a) of this section. Payment for costs for the participant	20004
that exceed the amount paid by the department shall be negotiated	20005
by the governing body of the nonpublic secondary school and the	20006
college.	20007

However, under no circumstances shall:

20008

(1) The payments for a participant made by the department	20009
under this division exceed the default ceiling amount.	20010

(2) Any nonpublic secondary school participant, who is	20011
enrolled in that secondary school with a scholarship awarded under	20012
either the educational choice scholarship pilot program, as	20013
prescribed by sections 3310.01 to 3310.17, or the pilot project	20014
scholarship program, as prescribed by sections 3313.974 to	20015
3313.979 of the Revised Code, and who qualifies as a low-income	20016
student under either of those programs, be charged for any	20017
tuition, textbooks, or other fees related to participation in the	20018
college credit plus program.	20019

(D) For each home-instructed participant enrolled in a public	20020
or private college, the department shall pay to the college the	20021
default ceiling amount, if that participant is enrolled in a	20022
college course delivered on the college campus, at another	20023
location operated by the college, or online.	20024

(E) Not later than thirty days after the end of each term,	20025
each college expecting to receive payment for the costs of a	20026
participant under this section shall notify the department of the	20027
number of enrolled credit hours for each participant.	20028

(F) Each January and July, or as soon as possible thereafter,	20029
the department shall make the applicable payments under this	20030
section to each college, which provided proper notification to the	20031
department under division (E) of this section, for the number of	20032
enrolled credit hours for participants enrolled in the college	20033
under division (B) of section 3365.06 of the Revised Code. The	20034
department shall not make any payments to a college under this	20035
section if a participant withdrew from a course prior to the date	20036
on which a withdrawal from the course would have negatively	20037
affected the participant's transcripted grade, as prescribed by	20038
the college's established withdrawal policy.	20039

(1) Payments made for public secondary school participants	20040
under this section shall be deducted from the school foundation	20041
payments made to the participant's school district or, if the	20042
participant is enrolled in a community school, a STEM school, or a	20043
college-preparatory boarding school, from the payments made to	20044
that school under section 3314.08, 3326.33, or 3328.34 of the	20045
Revised Code. If the participant is enrolled in a joint vocational	20046
school district, a portion of the amount shall be deducted from	20047
the payments to the joint vocational school district and a portion	20048
shall be deducted from the payments to the participant's city,	20049
local, or exempted village school district in accordance with the	20050
full-time equivalency of the student's enrollment in each	20051
district. Amounts deducted under division (F)(1) of this section	20052
shall be calculated in accordance with rules adopted by the state	20053
board of education, pursuant to division (B) of section 3365.071	20054
of the Revised Code.	20055

(2) Payments made for nonpublic secondary school and	20056
home-instructed participants under this section shall be deducted	20057
from moneys appropriated by the general assembly for such purpose.	20058
Payments shall be allocated and distributed in accordance with	20059
rules adopted by the state board, in consultation with the	20060
chancellor of the Ohio board of regents, pursuant to division (A)	20061
of section 3365.071 of the Revised Code.	20062

(G) Any public college that enrolls a student under division	20063
(B) of section 3365.06 of the Revised Code may include that	20064
student in the calculation used to determine its state share of	20065
instruction funds appropriated to the Ohio board of regents by the	20066
general assembly.	20067

Sec. 3365.071. (A) The state board of education, in	20068
accordance with Chapter 119. of the Revised Code and in	20069
consultation with the chancellor of the Ohio board of regents,	20070
shall adopt rules prescribing both of the following:	20071

(1) Application procedures and standards for nonpublic	20072
secondary school and home-instructed students who wish to	20073
participate in the college credit plus program.	20074

(2) A method to allocate and distribute payments under	20075
section 3365.07 of the Revised Code for nonpublic secondary school	20076
and home-instructed participants.	20077

(B) The state board shall also adopt rules establishing a	20078
method to calculate the amounts deducted from a joint vocational	20079
school district and from a participant's city, local, or exempted	20080
village school district for payments under section 3365.07 of the	20081
Revised Code.	20082

Sec. 3365.08. (A) ~~A college that expects to receive or~~	20083
~~receives reimbursement under section 3365.07 of the Revised Code~~	20084
~~or through alternative funding agreements entered into under rules~~	20085
~~adopted under section 3365.12 of the Revised Code shall furnish to~~	20086
~~a participant all textbooks and materials directly related to a~~	20087
~~course taken by the participant under division (B) of section~~	20088
~~3365.04 of the Revised Code. No college shall charge such~~	20089
~~participant for tuition, textbooks, materials, or other fees~~	20090
~~directly related to any such course.~~	20091

~~(B)~~ No ~~student~~participant enrolled under this chapter in a	20092
course for which credit toward high school graduation is awarded	20093
shall receive direct financial aid through any state or federal	20094
program.	20095

~~(C)~~(B) If a school district provides transportation for	20096
resident school students in grades eleven and twelve under section	20097
3327.01 of the Revised Code, a parent of a ~~pupil~~participant	20098
enrolled in a course under division (A)(2) or (B) of section	20099
~~3365.04~~3365.06 of the Revised Code may apply to the board of	20100
education for full or partial reimbursement for the necessary	20101
costs of transporting the ~~student~~participant between the	20102
secondary school the ~~student~~participant attends and the college	20103
in which the ~~student~~participant is enrolled. Reimbursement may be	20104
paid solely from funds received by the district for ~~pupil~~student	20105
transportation under section 3317.0212 of the Revised Code or	20106
other provisions of law. The state board of education shall	20107
establish guidelines, based on financial need, under which a	20108
district may provide such reimbursement.	20109

~~(D)~~(C) If a community school provides or arranges	20110
transportation for its ~~pupils~~students in grades nine through	20111
twelve under section 3314.091 of the Revised Code, a parent of a	20112
~~pupil~~participant of the community school who is enrolled in a	20113
course under division (A)(2) or (B) of section ~~3365.04~~3365.06 of	20114
the Revised Code may apply to the governing authority of the	20115
community school for full or partial reimbursement of the	20116
necessary costs of transporting the ~~student~~participant between	20117
the community school and the college. The governing authority may	20118
pay the reimbursement in accordance with the state board's rules	20119
adopted under division ~~(C)~~(B) of this section solely from funds	20120
paid to it under section 3314.091 of the Revised Code.	20121

~~Sec. 3365.11.~~ Sec. 3365.09. (A) IfExcept as provided for in	20122
division (C) of this section, if the superintendent ~~of the school~~	20123
~~district or the chief administrator of the community school or~~	20124
~~STEM~~, or equivalent, of a public secondary school in which a	20125
participant is enrolled determines that the participant has not	20126
attained a passing final grade in a college course in which the	20127
participant enrolled under this chapter, the superintendent, or	20128
~~chief administrator shall~~equivalent, may seek reimbursement from	20129
the participant or the participant's parent for the amount of	20130
state funds paid to the college on behalf of the participant for	20131
that college course. The ~~board of education of the school~~	20132
~~district, the governing authority of the community school, or the~~	20133
~~STEM~~governing entity of a public school, in accordance with	20134
division (C) of section 3313.642 of the Revised Code, may withhold	20135
grades and credits received by the participant for ~~district or~~	20136
~~community~~high school courses taken by the participant until the	20137
participant or the participant's parent provides reimbursement.	20138

(B) IfExcept as provided for in division (C) of this	20139
section, if the chief administrator of ~~the~~a participating	20140
nonpublic school in which a participant is enrolled determines	20141
that the participant has not attained a passing final grade in a	20142
college course in which the participant enrolled under this	20143
chapter, the chief administrator ~~shall~~may seek reimbursement from	20144
the participant or the participant's parent for the amount of	20145
state funds paid to the college on behalf of the participant for	20146
enrollment in that college course. Upon the collection of any	20147
funds from a participant or participant's parent under this	20148
division, the chief administrator of a nonpublic school shall send	20149
an amount equal to the funds collected to the superintendent of	20150
public instruction. The superintendent of public instruction shall	20151
credit that amount to the general revenue fund.	20152

(C) Unless the participant was expelled by the school, the	20153
superintendent, or equivalent, or chief administrator shall not	20154
seek reimbursement from a participant or a participant's parent	20155
under division (A) or (B) of this section, if the participant is	20156
identified as economically disadvantaged according to rules	20157
adopted by the department of education.	20158

Sec. 3365.10. (A) Any public or participating nonpublic	20159
secondary school or any public or participating private college,	20160
including a secondary school and an associated college operating	20161
an early college high school program, may apply to the chancellor	20162
of the Ohio board of regents and the superintendent of public	20163
instruction for a waiver from the requirements of the college	20164
credit plus program. The chancellor and the superintendent may	20165
grant a waiver if the school or college meets all criteria set	20166
forth in rules adopted by the chancellor and the superintendent	20167
pursuant to division (C) of this section.	20168

(B)(1) Except as provided for in division (E) of section	20169
3313.6013 of the Revised Code, any agreement between a public	20170
secondary school and an associated college governing the operation	20171
of an early college high school program shall be subject to the	20172
requirements of the college credit plus program. The chancellor	20173
and the superintendent may grant a waiver under division (A) of	20174
this section for such an agreement only if the agreement does both	20175
of the following:	20176

(a) Includes innovative programming proposed to exclusively	20177
address the needs of underrepresented student subgroups.	20178

(b) Meets all criteria set forth in rules adopted by the	20179
chancellor and the superintendent pursuant to division (C) of this	20180
section.	20181

(2) Any waiver granted under this section for an agreement	20182
governing an early college high school program shall apply only to	20183
that agreement and shall not apply to any other agreement that the	20184
school or college enters into under this chapter.	20185

(C) The chancellor and the superintendent of public	20186
instruction shall jointly adopt rules, in accordance with Chapter	20187
119. of the Revised Code, regarding the granting of waivers under	20188
this section.	20189

(D) As used in this section:

20190

(1) "Associated college" means a public or private college	20191
which has entered into an agreement with a public secondary school	20192
to establish an early college high school program, as described in	20193
section 3313.6013 of the Revised Code, and awards transcripted	20194
credit to students through that program.	20195

(2) "Early college high school program" has the same meaning	20196
as in section 3313.6013 of the Revised Code.	20197

Sec. 3365.11. Each instructor teaching a course under the	20198
college credit plus program shall meet the credential requirements	20199
set forth in guidelines and procedures established by the	20200
chancellor of the Ohio board of regents. If the guidelines require	20201
high school teachers to take any additional graduate-level	20202
coursework in order to meet the credential requirements, that	20203
coursework shall be applicable to continuing education and	20204
professional development requirements for the renewal of the	20205
teacher's educator license.	20206

~~Sec. 3365.05.~~ Sec. 3365.12. (A) All courses offered under the	20207
college credit plus program shall be the same courses that are	20208
included in the partnering college's course catalogue for	20209
college-level, nonremedial courses and shall apply to at least one	20210
degree or professional certification at the partnering college.	20211

(B)(1) High school credit awarded for courses successfully	20212
completed under this chapter shall count toward the graduation	20213
requirements and subject area requirements of the ~~school district,~~	20214
~~community school, STEM~~public secondary school, or participating	20215
nonpublic secondary school. If a course comparable to one a	20216
~~student~~participant completed at a college is offered by the	20217
~~district or~~ school, the ~~board or school~~governing entity or	20218
governing body shall award comparable credit for the course	20219
completed at the college. If no comparable course is offered by	20220
the ~~district or~~ school, the ~~board or school~~governing entity or	20221
governing body shall grant an appropriate number of elective	20222
credits ~~in a similar subject area~~ to the ~~student~~participant.	20223

(2) If there is a dispute between a ~~school district board, a~~	20224
~~community school governing authority, or a STEM~~participant's	20225
school and a ~~student~~participant regarding high school credits	20226
granted for a course, the ~~student~~participant may appeal the	20227
decision to the state board of education. The state board's	20228
decision regarding any high school credits granted under this	20229
section is final.	20230

(C) Evidence of successful completion of each course and the	20231
high school credits awarded by the ~~district or~~ school shall be	20232
included in the student's record. The record shall indicate that	20233
the credits were earned as a participant under this chapter and	20234
shall include the name of the college at which the credits were	20235
earned. ~~The district or school shall determine whether and the~~	20236
~~manner in which the grade achieved in a course completed at a~~	20237
~~college under division (A)(2) or (B) of section 3365.04 of the~~	20238
~~Revised Code will be counted in any cumulative grade point average~~	20239
~~maintained for the student.~~	20240

Sec. 3365.13. (A) Each public secondary school shall	20241
develop, in consultation with at least one public partnering	20242
college, two model pathways for courses offered under the college	20243
credit plus program. One of the model pathways shall be a	20244
fifteen-credit hour pathway and one shall be a thirty-credit hour	20245
pathway. Each pathway shall include courses which, once completed,	20246
all apply to at least one degree or professional certification	20247
offered at the college. The pathways may be organized by desired	20248
major or career path or may include various core courses required	20249
for a degree or professional certification by the college. The	20250
school shall publish the pathways among the school's official list	20251
of course offerings from which a participant may select.	20252

(B) No participant shall be required to enroll only in the	20253
courses included in a model pathway developed under division (A)	20254
of this section. Instead, the pathways shall serve as samples of	20255
the courses that a participant may take, if desired, to earn	20256
multiple credits toward a specified degree or certification.	20257

Sec. 3365.15. The chancellor of the Ohio board of regents	20258
and the superintendent of public instruction jointly shall do all	20259
of the following:	20260

(A) Adopt data reporting guidelines specifying the types of	20261
data that public and participating nonpublic secondary schools and	20262
public and participating private colleges must collect, report,	20263
and track under division (G) of section 3365.04 and division (H)	20264
of section 3365.05 of the Revised Code. The guidelines shall also	20265
include policies and procedures for the collection, reporting, and	20266
tracking of such data.	20267

(B) Submit a biennial report detailing the status of the	20268
college credit plus program to the governor, the president of the	20269
senate, the speaker of the house of representatives, and the	20270
chairpersons of the education committees of the senate and house	20271
of representatives. The first report shall be submitted not later	20272
than December 31, 2017, and each subsequent report shall be	20273
submitted not later than the thirty-first day of December every	20274
two years thereafter.	20275

(C) Establish a college credit plus advisory committee to	20276
assist in the development of performance metrics and the	20277
monitoring of the program's progress.	20278

The chancellor shall also, in consultation with the	20279
superintendent, create a standard packet of information for the	20280
college credit plus program directed toward students and parents	20281
that are interested in the program.	20282

Sec. 3701.132. ~~The department of health is hereby designated~~	20283
~~as the state agency to administer~~As used in this section, "WIC	20284
program" means the "special supplemental nutrition program for	20285
women, infants, and children" established under the "Child	20286
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended.	20287
~~The~~	20288

The department of health is hereby designated as the state	20289
agency to administer the WIC program. The director of health may	20290
adopt rules pursuant to Chapter 119. of the Revised Code as	20291
necessary for administering the WIC program. The rules may include	20292
civil money penalties for violations of the rules.	20293

In determining eligibility for services provided under the	20294
WIC program, the department may use the application form	20295
established under section ~~5111.013~~5163.40 of the Revised Code for	20296
the healthy start program. The department may require applicants	20297
to furnish their social security numbers.	20298

If the department determines that a vendor has committed an	20299
act with respect to the WIC program that federal statutes or	20300
regulations or state statutes or rules prohibit, the department	20301
shall take action against the vendor in the manner required by 7	20302
C.F.R. part 246, including imposition of a civil money penalty in	20303
accordance with 7 C.F.R. 246.12, or rules adopted under this	20304
section.	20305

Sec. 3701.34. (A) The Ohio public health advisory board shall	20306
review and make recommendations to the director of health on all	20307
of the following:	20308

(1) Developing and adopting proposed rules under Chapters	20309
3701 and 3717 of the Administrative Code;	20310

(2) Prescribing proposed fees for services provided by the	20311
office of vital statistics and the bureau of environmental health;	20312

(3) Any proposed policy changes that pertain to entities	20313
serving or seeking to serve as vendors under the WIC program, as	20314
defined in section 3701.132 of the Revised Code, that are not	20315
addressed pursuant to division (A)(1) of this section.	20316

(4) Issues to improve public health and increase awareness of	20317
public health issues at the state level, local level, or both;	20318

~~(4)~~(5) Any other public health issues that the director	20319
requests the board to consider.	20320

(B) ~~In making recommendations to the director under~~For	20321
purposes of division (A)(1) of this section, all of the following	20322
apply:	20323

(1) Prior to filing a proposed rule with the joint committee	20324
on agency rule review, the department of health shall provide each	20325
board member with a copy of the proposed rule, copies of public	20326
comments received by the department during the public comment	20327
period, and written evidence of stakeholder involvement.	20328

(2) Prior to board meetings, copies of proposed rules shall	20329
be provided to members. On request of a member, the department	20330
shall ensure that appropriate department employees attend board	20331
meetings to answer questions concerning proposed rules.	20332

(3)(a) Not later than sixty days after receiving a copy of a	20333
proposed rule, the board shall recommend approval or disapproval	20334
of the rule and submit its recommendation by board action to the	20335
director. In making its recommendation, the board may consider	20336
public comments provided to the department or the board.	20337

(b) If the board fails to make a recommendation within sixty	20338
days of receiving a copy of the proposed rule, the director may	20339
file the proposed rule.	20340

(4) Except as provided in division (B)(3)(b) of this section,	20341
the director shall consider the board's recommendation before	20342
filing a proposed rule. On request of the board, the director	20343
shall meet with the board to discuss the board's recommendation.	20344

(5) If the director disagrees with the board's	20345
recommendation, the director shall inform the board in writing of	20346
the director's decision and the reason for the decision prior to	20347
the next quarterly meeting. The director or the director's	20348
designee may meet with the board at the next quarterly meeting to	20349
answer questions regarding why the director disagreed with the	20350
board's recommendation.	20351

~~(C)~~(6) To the extent the board believes that a proposed rule	20352
does not comply with requirements established by the joint	20353
committee on agency rule review or the common sense initiative	20354
office, nothing in this section prohibits the board, in carrying	20355
out its duties under division (A)(1) of this section, from	20356
contacting the joint committee on agency rule review or the common	20357
sense initiative office.	20358

~~(D) In making recommendations under~~(C) For purposes of	20359
division (A)(2) of this section ~~for prescribing proposed fees for~~	20360
~~services provided by the bureau of environmental health~~, the board	20361
and the department shall develop a cost methodology, subject to	20362
approval by the director, regarding proposed fees for services	20363
provided by the department's bureau of environmental health.	20364

(D) For purposes of division (A)(3) of this section, a	20365
proposed WIC program policy change shall be treated as if it were	20366
a proposed rule subject to division (A)(1) of this section and the	20367
board and other entities involved in reviewing and making	20368
recommendations regarding the change may follow all or part of the	20369
procedures described in division (B) of this section.	20370

(E) This section does not apply to the following:

20371

(1) A proposed rule that is to be refiled with the joint	20372
committee on agency rule review solely because of technical or	20373
other nonsubstantive revisions;	20374

(2) The emergency adoption, amendment, or rescission of a	20375
rule under division (F) of section 119.03 of the Revised Code.	20376

Sec. 3701.74. (A) As used in this section and section	20377
3701.741 of the Revised Code:	20378

(1) "Ambulatory care facility" means a facility that provides	20379
medical, diagnostic, or surgical treatment to patients who do not	20380
require hospitalization, including a dialysis center, ambulatory	20381
surgical facility, cardiac catheterization facility, diagnostic	20382
imaging center, extracorporeal shock wave lithotripsy center, home	20383
health agency, inpatient hospice, birthing center, radiation	20384
therapy center, emergency facility, and an urgent care center.	20385
"Ambulatory care facility" does not include the private office of	20386
a physician or dentist, whether the office is for an individual or	20387
group practice.	20388

(2) "Chiropractor" means an individual licensed under Chapter	20389
4734. of the Revised Code to practice chiropractic.	20390

(3) "Emergency facility" means a hospital emergency	20391
department or any other facility that provides emergency medical	20392
services.	20393

(4) "Health care practitioner" means all of the following:

20394

(a) A dentist or dental hygienist licensed under Chapter	20395
4715. of the Revised Code;	20396

(b) A registered or licensed practical nurse licensed under	20397
Chapter 4723. of the Revised Code;	20398

(c) An optometrist licensed under Chapter 4725. of the	20399
Revised Code;	20400

(d) A dispensing optician, spectacle dispensing optician,	20401
contact lens dispensing optician, or spectacle-contact lens	20402
dispensing optician licensed under Chapter 4725. of the Revised	20403
Code;	20404

(e) A pharmacist licensed under Chapter 4729. of the Revised	20405
Code;	20406

(f) A physician;

20407

(g) A physician assistant authorized under Chapter 4730. of	20408
the Revised Code to practice as a physician assistant;	20409

(h) A practitioner of a limited branch of medicine issued a	20410
certificate under Chapter 4731. of the Revised Code;	20411

(i) A psychologist licensed under Chapter 4732. of the	20412
Revised Code;	20413

(j) A chiropractor;

20414

(k) A hearing aid dealer or fitter licensed under Chapter	20415
4747. of the Revised Code;	20416

(l) A speech-language pathologist or audiologist licensed	20417
under Chapter 4753. of the Revised Code;	20418

(m) An occupational therapist or occupational therapy	20419
assistant licensed under Chapter 4755. of the Revised Code;	20420

(n) A physical therapist or physical therapy assistant	20421
licensed under Chapter 4755. of the Revised Code;	20422

(o) A professional clinical counselor, professional	20423
counselor, social worker, or independent social worker licensed,	20424
or a social work assistant registered, under Chapter 4757. of the	20425
Revised Code;	20426

(p) A dietitian licensed under Chapter 4759. of the Revised	20427
Code;	20428

(q) A respiratory care professional licensed under Chapter	20429
4761. of the Revised Code;	20430

(r) An emergency medical technician-basic, emergency medical	20431
technician-intermediate, or emergency medical technician-paramedic	20432
certified under Chapter 4765. of the Revised Code.	20433

(5) "Health care provider" means a hospital, ambulatory care	20434
facility, long-term care facility, pharmacy, emergency facility,	20435
or health care practitioner.	20436

(6) "Hospital" has the same meaning as in section 3727.01 of	20437
the Revised Code.	20438

(7) "Long-term care facility" means a nursing home,	20439
residential care facility, or home for the aging, as those terms	20440
are defined in section 3721.01 of the Revised Code; a residential	20441
facility licensed under section 5119.34 of the Revised Code that	20442
provides accommodations, supervision, and personal care services	20443
for three to sixteen unrelated adults; a nursing facility, as	20444
defined in section 5165.01 of the Revised Code; a skilled nursing	20445
facility, as defined in section 5165.01 of the Revised Code; and	20446
an intermediate care facility for individuals with intellectual	20447
disabilities, as defined in section 5124.01 of the Revised Code.	20448

(8) "Medical record" means data in any form that pertains to	20449
a patient's medical history, diagnosis, prognosis, or medical	20450
condition and that is generated and maintained by a health care	20451
provider in the process of the patient's health care treatment.	20452

(9) "Medical records company" means a person who stores,	20453
locates, or copies medical records for a health care provider, or	20454
is compensated for doing so by a health care provider, and charges	20455
a fee for providing medical records to a patient or patient's	20456
representative.	20457

(10) "Patient" means either of the following:

20458

(a) An individual who received health care treatment from a	20459
health care provider;	20460

(b) A guardian, as defined in section 1337.11 of the Revised	20461
Code, of an individual described in division (A)(10)(a) of this	20462
section.	20463

(11) "Patient's personal representative" means a minor	20464
patient's parent or other person acting in loco parentis, a	20465
court-appointed guardian, or a person with durable power of	20466
attorney for health care for a patient, the executor or	20467
administrator of the patient's estate, or the person responsible	20468
for the patient's estate if it is not to be probated. "Patient's	20469
personal representative" does not include an insurer authorized	20470
under Title XXXIX of the Revised Code to do the business of	20471
sickness and accident insurance in this state, a health insuring	20472
corporation holding a certificate of authority under Chapter 1751.	20473
of the Revised Code, or any other person not named in this	20474
division.	20475

(12) "Pharmacy" has the same meaning as in section 4729.01 of	20476
the Revised Code.	20477

(13) "Physician" means a person authorized under Chapter	20478
4731. of the Revised Code to practice medicine and surgery,	20479
osteopathic medicine and surgery, or podiatric medicine and	20480
surgery.	20481

(14) "Authorized person" means a person to whom a patient has	20482
given written authorization to act on the patient's behalf	20483
regarding the patient's medical record.	20484

(B) A patient, a patient's personal representative, or an	20485
authorized person who wishes to examine or obtain a copy of part	20486
or all of a medical record shall submit to the health care	20487
provider a written request signed by the patient, personal	20488
representative, or authorized person dated not more than one year	20489
before the date on which it is submitted. The request shall	20490
indicate whether the copy is to be sent to the requestor,	20491
physician or chiropractor, or held for the requestor at the office	20492
of the health care provider. Within a reasonable time after	20493
receiving a request that meets the requirements of this division	20494
and includes sufficient information to identify the record	20495
requested, a health care provider that has the patient's medical	20496
records shall permit the patient to examine the record during	20497
regular business hours without charge or, on request, shall	20498
provide a copy of the record in accordance with section 3701.741	20499
of the Revised Code, except that if a physician or chiropractor	20500
who has treated the patient determines for clearly stated	20501
treatment reasons that disclosure of the requested record is	20502
likely to have an adverse effect on the patient, the health care	20503
provider shall provide the record to a physician or chiropractor	20504
designated by the patient. The health care provider shall take	20505
reasonable steps to establish the identity of the person making	20506
the request to examine or obtain a copy of the patient's record.	20507

(C) If a health care provider fails to furnish a medical	20508
record as required by division (B) of this section, the patient,	20509
personal representative, or authorized person who requested the	20510
record may bring a civil action to enforce the patient's right of	20511
access to the record.	20512

(D)(1) This section does not apply to medical records whose	20513
release is covered by section 173.20 or 3721.13 of the Revised	20514
Code, by Chapter 1347., 5119., or 5122. of the Revised Code, by 42	20515
C.F.R. part 2, "Confidentiality of Alcohol and Drug Abuse Patient	20516
Records," or by 42 C.F.R. 483.10.	20517

(2) Nothing in this section is intended to supersede the	20518
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	20519
and 2305.252 of the Revised Code.	20520

Sec. 3701.83. ~~(A)~~ There is hereby created in the state	20521
treasury the general operations fund. Moneys in the fund shall be	20522
used for the purposes specified in sections 3701.04, 3701.344,	20523
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022,	20524
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13,	20525
3749.04, 3749.07, 4747.04, and 4769.09 of the Revised Code.	20526

~~(B) The alcohol testing program fund is hereby created in the~~	20527
~~state treasury. The director of health shall use the fund to~~	20528
~~administer and enforce the alcohol testing and permit program~~	20529
~~authorized by section 3701.143 of the Revised Code.~~	20530

~~The fund shall receive transfers from the liquor control fund~~	20531
~~created under section 4301.12 of the Revised Code. All investment~~	20532
~~earnings of the alcohol testing program fund shall be credited to~~	20533
~~the fund.~~	20534

Sec. 3701.881. (A) As used in this section:

20535

(1) "Applicant" means a person who is under final	20536
consideration for ~~employment with~~hiring by a home health agency	20537
in a full-time, part-time, or temporary position that involves	20538
providing direct care to an individual or is referred to a home	20539
health agency by an employment service for such a position.	20540

(2) "Community-based long-term care provider" means a	20541
provider as defined in section 173.39 of the Revised Code.	20542

(3) "Community-based long-term care subcontractor" means a	20543
subcontractor as defined in section 173.38 of the Revised Code.	20544

(4) "Criminal records check" has the same meaning as in	20545
section 109.572 of the Revised Code.	20546

(5) "Direct care" means any of the following:

20547

(a) Any service identified in divisions (A)(8)(a) to (f) of	20548
this section that is provided in a patient's place of residence	20549
used as the patient's home;	20550

(b) Any activity that requires the person performing the	20551
activity to be routinely alone with a patient or to routinely have	20552
access to a patient's personal property or financial documents	20553
regarding a patient;	20554

(c) For each home health agency individually, any other	20555
routine service or activity that the chief administrator of the	20556
home health agency designates as direct care.	20557

(6) "Disqualifying offense" means any of the offenses listed	20558
or described in divisions (A)(3)(a) to (e) of section 109.572 of	20559
the Revised Code.	20560

(7) "Employee" means a person employed by a home health	20561
agency in a full-time, part-time, or temporary position that	20562
involves providing direct care to an individual and a person who	20563
works in such a position due to being referred to a home health	20564
agency by an employment service.	20565

(8) "Home health agency" means a person or government entity,	20566
other than a nursing home, residential care facility, hospice care	20567
program, or pediatric respite care program, that has the primary	20568
function of providing any of the following services to a patient	20569
at a place of residence used as the patient's home:	20570

(a) Skilled nursing care;

20571

(b) Physical therapy;

20572

20573

(d) Occupational therapy;

20574

(e) Medical social services;

20575

(f) Home health aide services.

20576

(9) "Home health aide services" means any of the following	20577
services provided by an employee of a home health agency:	20578

(a) Hands-on bathing or assistance with a tub bath or shower;

20579

(b) Assistance with dressing, ambulation, and toileting;

20580

20581

(d) Meal preparation and feeding.

20582

(10) "Hospice care program" and "pediatric respite care	20583
program" have the same meanings as in section 3712.01 of the	20584
Revised Code.	20585

(11) "Medical social services" means services provided by a	20586
social worker under the direction of a patient's attending	20587
physician.	20588

(12) "Minor drug possession offense" has the same meaning as	20589
in section 2925.01 of the Revised Code.	20590

(13) "Nursing home," "residential care facility," and	20591
"skilled nursing care" have the same meanings as in section	20592
3721.01 of the Revised Code.	20593

(14) "Occupational therapy" has the same meaning as in	20594
section 4755.04 of the Revised Code.	20595

(15) "Physical therapy" has the same meaning as in section	20596
4755.40 of the Revised Code.	20597

(16) "Social worker" means a person licensed under Chapter	20598
4757. of the Revised Code to practice as a social worker or	20599
independent social worker.	20600

(17) "Speech-language pathology" has the same meaning as in	20601
section 4753.01 of the Revised Code.	20602

(18) "Waiver agency" has the same meaning as in section	20603
5164.342 of the Revised Code.	20604

(B) No home health agency shall ~~employ~~hire an applicant or	20605
~~continue to employ~~retain an employee in a position that involves	20606
providing direct care to an individual if any of the following	20607
apply:	20608

(1) A review of the databases listed in division (D) of this	20609
section reveals any of the following:	20610

(a) That the applicant or employee is included in one or more	20611
of the databases listed in divisions (D)(1) to (5) of this	20612
section;	20613

(b) That there is in the state nurse aide registry	20614
established under section 3721.32 of the Revised Code a statement	20615
detailing findings by the director of health that the applicant or	20616
employee neglected or abused a long-term care facility or	20617
residential care facility resident or misappropriated property of	20618
such a resident;	20619

(c) That the applicant or employee is included in one or more	20620
of the databases, if any, specified in rules adopted under this	20621
section and the rules prohibit the home health agency from	20622
~~employing~~hiring an applicant or ~~continuing to employ~~retaining an	20623
employee included in such a database in a position that involves	20624
providing direct care to an individual.	20625

(2) After the applicant or employee is provided, pursuant to	20626
division (E)(2)(a) of this section, a copy of the form prescribed	20627
pursuant to division (C)(1) of section 109.572 of the Revised Code	20628
and the standard impression sheet prescribed pursuant to division	20629
(C)(2) of that section, the applicant or employee fails to	20630
complete the form or provide the applicant's or employee's	20631
fingerprint impressions on the standard impression sheet.	20632

(3) Except as provided in rules adopted under this section,	20633
the applicant or employee is found by a criminal records check	20634
required by this section to have been convicted of,or pleaded	20635
guilty to~~, or been found eligible for intervention in lieu of~~	20636
~~conviction for~~ a disqualifying offense.	20637

(C) Except as provided by division (F) of this section, the	20638
chief administrator of a home health agency shall inform each	20639
applicant of both of the following at the time of the applicant's	20640
initial application for ~~employment~~hiring into a position that	20641
involves providing direct care to an individual or referral to the	20642
home health agency by an employment service for a position that	20643
involves providing direct care to an individual:	20644

(1) That a review of the databases listed in division (D) of	20645
this section will be conducted to determine whether the home	20646
health agency is prohibited by division (B)(1) of this section	20647
from ~~employing~~hiring the applicant ininto the position;	20648

(2) That, unless the database review reveals that the	20649
applicant may not be ~~employed in~~hired into the position, a	20650
criminal records check of the applicant will be conducted and the	20651
applicant is required to provide a set of the applicant's	20652
fingerprint impressions as part of the criminal records check.	20653

(D) As a condition ~~of employing~~for hiring any applicant in	20654
into a position that involves providing direct care to an	20655
individual, the chief administrator of a home health agency shall	20656
conduct a database review of the applicant in accordance with	20657
rules adopted under this section. If rules adopted under this	20658
section so require, the chief administrator of a home health	20659
agency shall conduct a database review of an employee in	20660
accordance with the rules as a condition of ~~continuing to employ~~	20661
retaining the employee in a position that involves providing	20662
direct care to an individual. However, the chief administrator is	20663
not required to conduct a database review of an applicant or	20664
employee if division (F) of this section applies. A database	20665
review shall determine whether the applicant or employee is	20666
included in any of the following:	20667

(1) The excluded parties list system that is maintained by	20668
the United States general services administration pursuant to	20669
subpart 9.4 of the federal acquisition regulation and available at	20670
the federal web site known as the system for award management;	20671

(2) The list of excluded individuals and entities maintained	20672
by the office of inspector general in the United States department	20673
of health and human services pursuant to the "Social Security	20674
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;	20675

(3) The registry of MR/DD employees established under section	20676
5123.52 of the Revised Code;	20677

(4) The internet-based sex offender and child-victim offender	20678
database established under division (A)(11) of section 2950.13 of	20679
the Revised Code;	20680

(5) The internet-based database of inmates established under	20681
section 5120.66 of the Revised Code;	20682

(6) The state nurse aide registry established under section	20683
3721.32 of the Revised Code;	20684

(7) Any other database, if any, specified in rules adopted	20685
under this section.	20686

(E)(1) As a condition ~~of employing~~for hiring any applicant	20687
ininto a position that involves providing direct care to an	20688
individual, the chief administrator of a home health agency shall	20689
request the superintendent of the bureau of criminal	20690
identification and investigation to conduct a criminal records	20691
check of the applicant. If rules adopted under this section so	20692
require, the chief administrator of a home health agency shall	20693
request the superintendent to conduct a criminal records check of	20694
an employee at times specified in the rules as a condition of	20695
~~continuing to employ~~for retaining the employee in a position that	20696
involves providing direct care to an individual. However, the	20697
chief administrator is not required to request the criminal	20698
records check of the applicant or the employee if division (F) of	20699
this section applies or the home health agency is prohibited by	20700
division (B)(1) of this section from ~~employing~~hiring the	20701
applicant or ~~continuing to employ~~retaining the employee in a	20702
position that involves providing direct care to an individual. If	20703
an applicant or employee for whom a criminal records check request	20704
is required by this section does not present proof of having been	20705
a resident of this state for the five-year period immediately	20706
prior to the date upon which the criminal records check is	20707
requested or does not provide evidence that within that five-year	20708
period the superintendent has requested information about the	20709
applicant from the federal bureau of investigation in a criminal	20710
records check, the chief administrator shall request that the	20711
superintendent obtain information from the federal bureau of	20712
investigation as a part of the criminal records check. Even if an	20713
applicant or employee for whom a criminal records check request is	20714
required by this section presents proof that the applicant or	20715
employee has been a resident of this state for that five-year	20716
period, the chief administrator may request that the	20717
superintendent include information from the federal bureau of	20718
investigation in the criminal records check.	20719

(2) The chief administrator shall do all of the following:

20720

(a) Provide to each applicant and employee for whom a	20721
criminal records check request is required by this section a copy	20722
of the form prescribed pursuant to division (C)(1) of section	20723
109.572 of the Revised Code and a standard impression sheet	20724
prescribed pursuant to division (C)(2) of that section;	20725

(b) Obtain the completed form and standard impression sheet	20726
from each applicant and employee;	20727

(c) Forward the completed form and standard impression sheet	20728
to the superintendent at the time the chief administrator requests	20729
the criminal records check.	20730

(3) A home health agency shall pay to the bureau of criminal	20731
identification and investigation the fee prescribed pursuant to	20732
division (C)(3) of section 109.572 of the Revised Code for each	20733
criminal records check the agency requests under this section. A	20734
home health agency may charge an applicant a fee not exceeding the	20735
amount the agency pays to the bureau under this section if both of	20736
the following apply:	20737

(a) The home health agency notifies the applicant at the time	20738
of initial application for ~~employment~~hiring into the position in	20739
question of the amount of the fee and that, unless the fee is	20740
paid, the applicant will not be considered for ~~employment~~the	20741
hiring.	20742

(b) The medicaid program does not reimburse the home health	20743
agency for the fee it pays to the bureau under this section.	20744

(F) Divisions (C) to (E) of this section do not apply with	20745
regard to an applicant or employee if the applicant or employee is	20746
referred to a home health agency by an employment service that	20747
supplies full-time, part-time, or temporary staff for positions	20748
that involve providing direct care to an individual and both of	20749
the following apply:	20750

(1) The chief administrator of the home health agency	20751
receives from the employment service confirmation that a review of	20752
the databases listed in division (D) of this section was conducted	20753
with regard to the applicant or employee.	20754

(2) The chief administrator of the home health agency	20755
receives from the employment service, applicant, or employee a	20756
report of the results of a criminal records check of the applicant	20757
or employee that has been conducted by the superintendent within	20758
the one-year period immediately preceding the following:	20759

(a) In the case of an applicant, the date of the applicant's	20760
referral by the employment service to the home health agency;	20761

(b) In the case of an employee, the date by which the home	20762
health agency would otherwise have to request a criminal records	20763
check of the employee under division (E) of this section.	20764

(G)(1) A home health agency may ~~employ~~ conditionally hire an	20765
applicant for whom a criminal records check request is required by	20766
this section before obtaining the results of the criminal records	20767
check if the agency is not prohibited by division (B) of this	20768
section from ~~employing~~hiring the applicant in a position that	20769
involves providing direct care to an individual and either of the	20770
following applies:	20771

(a) The chief administrator of the home health agency	20772
requests the criminal records check in accordance with division	20773
(E) of this section not later than five business days after the	20774
home health agency conditionally hires the applicant ~~begins~~	20775
~~conditional employment~~.	20776

(b) The applicant is referred to the home health agency by an	20777
employment service, the employment service or the applicant	20778
provides the chief administrator of the agency a letter that is on	20779
the letterhead of the employment service, the letter is dated and	20780
signed by a supervisor or another designated official of the	20781
employment service, and the letter states all of the following:	20782

(i) That the employment service has requested the	20783
superintendent to conduct a criminal records check regarding the	20784
applicant;	20785

(ii) That the requested criminal records check is to include	20786
a determination of whether the applicant has been convicted of,or	20787
pleaded guilty to~~, or been found eligible for intervention in lieu~~	20788
~~of conviction for~~ a disqualifying offense;	20789

(iii) That the employment service has not received the	20790
results of the criminal records check as of the date set forth on	20791
the letter;	20792

(iv) That the employment service promptly will send a copy of	20793
the results of the criminal records check to the chief	20794
administrator of the home health agency when the employment	20795
service receives the results.	20796

(2) If a home health agency ~~employs an applicant~~	20797
conditionally hires an applicant pursuant to division (G)(1)(b) of	20798
this section, the employment service, on its receipt of the	20799
results of the criminal records check, promptly shall send a copy	20800
of the results to the chief administrator of the agency.	20801

(3) A home health agency that ~~employs~~conditionally hires an	20802
applicant ~~conditionally~~ pursuant to division (G)(1)(a) or (b) of	20803
this section shall ~~terminate the applicant's employment~~remove the	20804
conditionally hired applicant from any job duties that require a	20805
criminal records check if the results of the criminal records	20806
check, other than the results of any request for information from	20807
the federal bureau of investigation, are not obtained within the	20808
period ending sixty days after the date the request for the	20809
criminal records check is made. ~~Regardless~~	20810

Regardless of when the results of the criminal records check	20811
are obtained, if the results indicate that the conditionally hired	20812
applicant has been convicted of,or pleaded guilty to~~, or been~~	20813
~~found eligible for intervention in lieu of conviction for~~ a	20814
disqualifying offense, the home health agency shall terminate the	20815
conditionally hired applicant's employment unless circumstances	20816
specified in rules adopted under this section that permit the	20817
agency to ~~employ~~hire the applicant exist and the agency chooses	20818
to ~~employ~~hire the applicant. Termination of employment under this	20819
division shall be considered just cause for discharge for purposes	20820
of division (D)(2) of section 4141.29 of the Revised Code if the	20821
applicant makes any attempt to deceive the home health agency	20822
about the applicant's criminal record.	20823

(H) The report of any criminal records check conducted by the	20824
bureau of criminal identification and investigation in accordance	20825
with section 109.572 of the Revised Code and pursuant to a request	20826
made under this section is not a public record for the purposes of	20827
section 149.43 of the Revised Code and shall not be made available	20828
to any person other than the following:	20829

(1) The applicant or employee who is the subject of the	20830
criminal records check or the applicant's or employee's	20831
representative;	20832

(2) The home health agency requesting the criminal ~~records~~	20833
~~check~~record or its representative;	20834

(3) The administrator of any other facility, agency, or	20835
program that provides direct care to individuals that is owned or	20836
operated by the same entity that owns or operates the home health	20837
agency that requested the criminal records check;	20838

(4) The employment service that requested the criminal	20839
records check;	20840

(5) The director of health and the staff of the department of	20841
health who monitor a home health agency's compliance with this	20842
section;	20843

(6) The director of aging or the director's designee if	20844
either of the following apply:	20845

(a) In the case of a criminal records check requested by a	20846
home health agency, the home health agency also is a	20847
community-based long-term care provider or community-based	20848
long-term care subcontractor;	20849

(b) In the case of a criminal records check requested by an	20850
employment service, the employment service makes the request for	20851
an applicant or employee the employment service refers to a home	20852
health agency that also is a community-based long-term care	20853
provider or community-based long-term care subcontractor.	20854

(7) The medicaid director and the staff of the department of	20855
medicaid who are involved in the administration of the medicaid	20856
program if either of the following apply:	20857

(a) In the case of a criminal records check requested by a	20858
home health agency, the home health agency also is a waiver	20859
agency;	20860

(b) In the case of a criminal records check requested by an	20861
employment service, the employment service makes the request for	20862
an applicant or employee the employment service refers to a home	20863
health agency that also is a waiver agency.	20864

(8) Any court, hearing officer, or other necessary individual	20865
involved in a case dealing with any of the following:	20866

(a) A denial of ~~employment~~hiring of the applicant or of	20867
retention of the employee;	20868

(b) Employment or unemployment benefits of the applicant or	20869
employee;	20870

(c) A civil or criminal action regarding the medicaid	20871
program.	20872

(I) In a tort or other civil action for damages that is	20873
brought as the result of an injury, death, or loss to person or	20874
property caused by an applicant who a home health agency hires, or	20875
an employee who a home health agency employs, in a position that	20876
involves providing direct care to an individual, all of the	20877
following shall apply:	20878

(1) If the home health agency ~~employed~~hired the applicant or	20879
retained the employee in good faith and reasonable reliance on the	20880
report of a criminal records check requested under this section,	20881
the agency shall not be found negligent solely because of its	20882
reliance on the report, even if the information in the report is	20883
determined later to have been incomplete or inaccurate.	20884

(2) If the home health agency ~~employed~~conditionally hired	20885
the applicant in good faith ~~on a conditional basis~~ pursuant to	20886
division (G) of this section, the agency shall not be found	20887
negligent solely because it ~~employed~~conditionally hired the	20888
applicant prior to receiving the report of a criminal records	20889
check requested under this section.	20890

(3) If the home health agency in good faith ~~employed~~hired	20891
the applicant or retained the employee according to the personal	20892
character standards established in rules adopted under this	20893
section, the agency shall not be found negligent solely because	20894
the applicant or employee had been convicted of,or pleaded guilty	20895
to~~, or been found eligible for intervention in lieu of conviction~~	20896
~~for~~ a disqualifying offense.	20897

(J) The director of health shall adopt rules in accordance	20898
with Chapter 119. of the Revised Code to implement this section.	20899

(1) The rules may do the following:

20900

(a) Require employees to undergo database reviews and	20901
criminal records checks under this section;	20902

(b) If the rules require employees to undergo database	20903
reviews and criminal records checks under this section, exempt one	20904
or more classes of employees from the requirements;	20905

(c) For the purpose of division (D)(7) of this section,	20906
specify other databases that are to be checked as part of a	20907
database review conducted under this section.	20908

(2) The rules shall specify all of the following:

20909

(a) The procedures for conducting database reviews under this	20910
section;	20911

(b) If the rules require employees to undergo database	20912
reviews and criminal records checks under this section, the times	20913
at which the database reviews and criminal records checks are to	20914
be conducted;	20915

(c) If the rules specify other databases to be checked as	20916
part of the database reviews, the circumstances under which a home	20917
health agency is prohibited from ~~employing~~hiring an applicant or	20918
~~continuing to employ~~retaining an employee who is found by a	20919
database review to be included in one or more of those databases;	20920

(d) Circumstances under which a home health agency may ~~employ~~	20921
hire an applicant or retain an employee who is found by a criminal	20922
records check required by this section to have been convicted of,	20923
or pleaded guilty to~~, or been found eligible for intervention in~~	20924
~~lieu of conviction for~~ a disqualifying offense but meets personal	20925
character standards.	20926

Sec. 3702.511. (A) Except as provided in division (B) of this	20927
section, the following activities are reviewable under sections	20928
3702.51 to 3702.62 of the Revised Code:	20929

(1) Establishment, development, or construction of a new	20930
long-term care facility;	20931

(2) Replacement of an existing long-term care facility;

20932

(3) Renovation of or addition to a long-term care facility	20933
that involves a capital expenditure of two million dollars or	20934
more, not including expenditures for equipment, staffing, or	20935
operational costs;	20936

(4) ~~Either of the following changes in long-term care bed~~	20937
~~capacity:~~	20938

~~(a)~~ An increase in long-term care bed capacity;

20939

~~(b)~~(5) A relocation of long-term care beds from one physical	20940
facility or site to another, excluding relocation of beds within a	20941
long-term care facility or among buildings of a long-term care	20942
facility at the same site.	20943

~~(5) Any change in the bed capacity or site, or any other~~	20944
~~failure to conduct a reviewable activity in substantial accordance~~	20945
~~with the approved application for which a certificate of need~~	20946
~~concerning long-term care beds was granted, if the change is made~~	20947
~~within five years after the implementation of the reviewable~~	20948
~~activity for which the certificate was granted~~;	20949

(6) Expenditure of more than one hundred ten per cent of the	20950
maximum expenditure specified in a certificate of need concerning	20951
long-term care beds.	20952

(B) The following activities are not subject to review under	20953
sections 3702.51 to 3702.62 of the Revised Code:	20954

(1) Acquisition of computer hardware or software;

20955

(2) Acquisition of a telephone system;

20956

(3) Construction or acquisition of parking facilities;

20957

(4) Correction of cited deficiencies that constitute an	20958
imminent threat to public health or safety and are in violation of	20959
federal, state, or local fire, building, or safety statutes,	20960
ordinances, rules, or regulations;	20961

(5) Acquisition of an existing long-term care facility that	20962
does not involve a change in the number of the beds;	20963

(6) Mergers, consolidations, or other corporate	20964
reorganizations of long-term care facilities that do not involve a	20965
change in the number of beds;	20966

(7) Construction, repair, or renovation of bathroom	20967
facilities;	20968

(8) Construction of laundry facilities, waste disposal	20969
facilities, dietary department projects, heating and air	20970
conditioning projects, administrative offices, and portions of	20971
medical office buildings used exclusively for physician services;	20972

(9) Removal of asbestos from a health care facility.

20973

Only that portion of a project that is described in this	20974
division is not reviewable.	20975

Sec. 3702.52. The director of health shall administer a	20976
state certificate of need program in accordance with sections	20977
3702.51 to 3702.62 of the Revised Code and rules adopted under	20978
those sections.	20979

(A) The director shall issue rulings on whether a particular	20980
proposed project is a reviewable activity. The director shall	20981
issue a ruling not later than forty-five days after receiving a	20982
request for a ruling accompanied by the information needed to make	20983
the ruling. If the director does not issue a ruling in that time,	20984
the project shall be considered to have been ruled not a	20985
reviewable activity.	20986

(B)(1) Each application for a certificate of need shall be	20987
submitted to the director on forms and in the manner prescribed by	20988
the director. Each application shall include a plan for obligating	20989
the capital expenditures or implementing the proposed project on a	20990
timely basis in accordance with section 3702.524 of the Revised	20991
Code. Each application shall also include all other information	20992
required by rules adopted under division (B) of section 3702.57 of	20993
the Revised Code.	20994

(2) Each application shall be accompanied by the application	20995
fee established in rules adopted under division (G) of section	20996
3702.57 of the Revised Code. Application fees received by the	20997
director under this division shall be deposited into the state	20998
treasury to the credit of the certificate of need fund, which is	20999
hereby created. The director shall use the fund only to pay the	21000
costs of administering sections 3702.11 to 3702.20, 3702.30, and	21001
3702.51 to 3702.62 of the Revised Code and rules adopted under	21002
those sections. An application fee is nonrefundable unless the	21003
director determines that the application cannot be accepted.	21004

(3) The director shall review applications for certificates	21005
of need. As part of a review, the director shall determine whether	21006
an application is complete. The director shall not consider an	21007
application to be complete unless the application meets all	21008
criteria for a complete application specified in rules adopted	21009
under section 3702.57 of the Revised Code. The director shall mail	21010
to the applicant a written notice that the application is	21011
complete, or a written request for additional information, not	21012
later than thirty days after receiving an application or a	21013
response to an earlier request for information. Except as provided	21014
in section 3702.522 of the Revised Code, the director shall not	21015
make more than two requests for additional information. The	21016
director's determination that an application is not complete is	21017
final and not subject to appeal.	21018

(4) Except as necessary to comply with a subpoena issued	21019
under division (F) of this section, after a notice of completeness	21020
has been received, no person shall make revisions to information	21021
that was submitted to the director before the director mailed the	21022
notice of completeness or knowingly discuss in person or by	21023
telephone the merits of the application with the director. A	21024
person may supplement an application after a notice of	21025
completeness has been received by submitting clarifying	21026
information to the director.	21027

(C) All of the following apply to the process of granting or	21028
denying a certificate of need:	21029

(1) If the project proposed in a certificate of need	21030
application meets all of the applicable certificate of need	21031
criteria for approval under sections 3702.51 to 3702.62 of the	21032
Revised Code and the rules adopted under those sections, the	21033
director shall grant a certificate of need for all or part of the	21034
project that is the subject of the application by the applicable	21035
deadline specified in division (C)(4) of this section or any	21036
extension of it under division (C)(5) of this section.	21037

(2) The director's grant of a certificate of need does not	21038
affect, and sets no precedent for, the director's decision to	21039
grant or deny other applications for similar reviewable	21040
activities.	21041

(3) Any affected person may submit written comments regarding	21042
an application. The director shall consider all written comments	21043
received by the ~~thirtieth~~forty-fifth day after ~~mailing the notice~~	21044
~~of completeness or, in the case of applications under comparative~~	21045
~~review, by the thirtieth day after~~the application is submitted to	21046
the director ~~mails the last notice of completeness~~.	21047

(4) Except as provided in division (C)(5) of this section,	21048
the director shall grant or deny certificate of need applications	21049
not later than sixty days after mailing the notice of	21050
completeness.	21051

(5) Except as otherwise provided in division (C)(6) of this	21052
section, the director or the applicant may extend the deadline	21053
prescribed in division (C)(4) of this section once, for no longer	21054
than thirty days, by written notice before the end of the deadline	21055
prescribed by division (C)(4) of this section. An extension by the	21056
director under division (C)(5) of this section shall apply to all	21057
applications that are in comparative review.	21058

(6) No applicant in a comparative review may extend the	21059
deadline specified in division (C)(4) of this section.	21060

(7) If the director does not grant or deny the certificate by	21061
the applicable deadline specified in division (C)(4) of this	21062
section or any extension of it under division (C)(5) of this	21063
section, the certificate shall be considered to have been granted.	21064

(8) In granting a certificate of need, the director shall	21065
specify as the maximum capital expenditure the certificate holder	21066
may obligate under the certificate a figure equal to one hundred	21067
ten per cent of the approved project cost.	21068

(9) In granting a certificate of need, the director may grant	21069
the certificate with conditions that must be met by the holder of	21070
the certificate.	21071

(D) When a certificate of need is granted for a project under	21072
which beds are to be relocated, upon completion of the project for	21073
which the certificate of need was granted a number of beds equal	21074
to the number of beds relocated shall cease to be operated in the	21075
long-term care facility from which they are relocated, except that	21076
the beds may continue to be operated for not more than fifteen	21077
days to allow relocation of residents to the facility to which the	21078
beds have been relocated. Notwithstanding section 3721.03 of the	21079
Revised Code, if the relocated beds are in a home licensed under	21080
Chapter 3721. of the Revised Code, the facility's license is	21081
automatically reduced by the number of beds relocated effective	21082
fifteen days after the beds are relocated. If the beds are in a	21083
facility that is certified as a skilled nursing facility or	21084
nursing facility under Title XVIII or XIX of the "Social Security	21085
Act," the certification for the beds shall be surrendered. If the	21086
beds are registered under section 3701.07 of the Revised Code as	21087
skilled nursing beds or long-term care beds, the director shall	21088
remove the beds from registration not later than fifteen days	21089
after the beds are relocated.	21090

(E) ~~The director shall monitor the activities of persons~~	21091
~~granted certificates of need during~~During the period beginning	21092
with the granting of ~~the~~a certificate of need and ending five	21093
years after implementation of the reviewable activity for which	21094
the certificate was granted, the director shall monitor the	21095
activities of the person granted the certificate to determine	21096
whether the reviewable activity is conducted in substantial	21097
accordance with the certificate. No reviewable activity shall be	21098
determined to be not in substantial accordance with the	21099
certificate of need due to a decrease in bed capacity.	21100

(F) When reviewing applications for certificates of need,	21101
considering appeals under section 3702.60 of the Revised Code, or	21102
monitoring activities of persons granted certificates of need, the	21103
director may issue and enforce, in the manner provided in section	21104
119.09 of the Revised Code, subpoenas and subpoenas duces tecum to	21105
compel a person to testify and produce documents relevant to	21106
review of the application, consideration of the appeal, or	21107
monitoring of the activities. In addition, the director or the	21108
director's designee may visit the sites where the activities are	21109
or will be conducted.	21110

(G) The director may withdraw certificates of need.

21111

(H) All long-term care facilities shall submit to the	21112
director, upon request, any information prescribed by rules	21113
adopted under division (H) of section 3702.57 of the Revised Code	21114
that is necessary to conduct reviews of certificate of need	21115
applications and to develop criteria for reviews.	21116

(I) Any decision to grant or deny a certificate of need shall	21117
consider the special needs and circumstances resulting from moral	21118
and ethical values and the free exercise of religious rights of	21119
long-term care facilities administered by religious organizations,	21120
and the special needs and circumstances of inner city and rural	21121
communities.	21122

Sec. 3702.526. (A) Except as provided in division (B) of this	21123
section, the director of health shall accept an application for a	21124
replacement certificate of need for an activity described in	21125
division (A)~~(5)~~ of section 3702.511 of the Revised Code to replace	21126
an approved certificate of need ~~for that activity~~ if all of the	21127
following conditions are met:	21128

(1) The applicant requests the replacement certificate of	21129
need so that the reviewable activity for which the approved	21130
certificate of need was granted can be implemented in a manner	21131
that is not in substantial accordance with the approved	21132
certificate of need.	21133

(2) The applicant is the same as the applicant for the	21134
approved certificate of need or an affiliated or related person as	21135
described in division (B) of section 3702.523 of the Revised Code.	21136

~~(2)~~(3) The source of any long-term care beds to be relocated	21137
is the same as in the approved certificate of need.	21138

~~(3)~~(4) The application for the approved certificate of need	21139
was not subject to comparative review under section 3702.593 of	21140
the Revised Code.	21141

(B) The director shall not accept an application for a	21142
replacement certificate that proposes to increase the number of	21143
long-term care beds to be relocated specified in the application	21144
for the approved certificate of need.	21145

(C) For the purpose of determining whether long-term care	21146
beds are from an existing long-term care facility, the director	21147
shall consider the date of filing of the application for a	21148
replacement certificate to be the same as the date of filing of	21149
the original application for the approved certificate of need.	21150

(D) Any long-term care beds that were ~~approved~~proposed to be	21151
relocated in the approved certificate of need remain ~~approved~~	21152
eligible to be recategorized as a different category of long-term	21153
care beds in the application for a replacement certificate.	21154

(E) The applicant shall submit with the application for a	21155
replacement certificate a nonrefundable fee equal to the	21156
application fee for the approved certificate of need.	21157

(F) The director shall review, approve, or deny the	21158
application for the replacement certificate in the same manner as	21159
the application for the approved certificate of need.	21160

(G) Upon approval of the application for a replacement	21161
certificate, the original certificate of need is automatically	21162
voided.	21163

Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the	21164
Revised Code:	21165

(A) "Full-time practice" means working a minimum of forty	21166
hours per week for a minimum of forty-five weeks each service	21167
year.	21168

(B) "Part-time practice" means working a minimum of twenty	21169
and a maximum of thirty-nine hours per week for a minimum of	21170
forty-five weeks per service year.	21171

(C) "Primary care physician" means an individual who is	21172
authorized under Chapter 4731. of the Revised Code to practice	21173
medicine and surgery or osteopathic medicine and surgery and is	21174
board certified or board eligible in a primary care specialty.	21175

~~(B)~~(D) "Primary care service" means professional	21176
comprehensive personal health services, which may include health	21177
education and disease prevention, treatment of uncomplicated	21178
health problems, diagnosis of chronic health problems, overall	21179
management of health care services for an individual or a family,	21180
and the services of a psychiatrist. "Primary care service" also	21181
includes providing the initial contact for health care services	21182
~~and~~, making referrals for secondary and tertiary care and for	21183
continuity of health care services, and teaching activities to the	21184
extent specified in a contract entered into pursuant to section	21185
3702.74 of the Revised Code.	21186

~~(C)~~(E) "Primary care specialty" means general internal	21187
medicine, pediatrics, adolescent medicine, obstetrics and	21188
gynecology, psychiatry, child and adolescent psychiatry, geriatric	21189
psychiatry, combined internal medicine and pediatrics, geriatrics,	21190
or family practice.	21191

Sec. 3702.74. (A) A primary care physician who has signed a	21192
letter of intent under section 3702.73 of the Revised Code and the	21193
director of health may enter into a contract for the physician's	21194
participation in the physician loan repayment program. The	21195
physician's employer or other funding source may also be a party	21196
to the contract.	21197

(B) The contract shall include all of the following	21198
obligations:	21199

(1) The primary care physician agrees to provide primary care	21200
services in the health resource shortage area identified in the	21201
letter of intent for ~~at least two years~~the number of hours and	21202
duration specified in the contract;	21203

(2) When providing primary care services in the health	21204
resource shortage area, the primary care physician agrees to do	21205
all of the following:	21206

(a) Provide primary care services ~~for a minimum of forty~~	21207
~~hours per week, of which at least twenty-one hours will be spent~~	21208
~~providing patient care~~ in an outpatient or ambulatory setting	21209
approved by the department of health;	21210

(b) Provide primary care services without regard to a	21211
patient's ability to pay;	21212

(c) Meet the requirements for a medicaid provider agreement	21213
and enter into the agreement with the department of medicaid to	21214
provide primary care services to medicaid recipients.	21215

(3) The department of health agrees, as provided in section	21216
3702.75 of the Revised Code, to repay, so long as the primary care	21217
physician performs the service obligation agreed to under division	21218
(B)(1) of this section, all or part of the principal and interest	21219
of a government or other educational loan taken by the primary	21220
care physician for expenses described in section 3702.75 of the	21221
Revised Code;	21222

(4) The primary care physician agrees to pay the department	21223
of health an amount established by rules adopted under section	21224
3702.79 of the Revised Code if the physician fails to complete the	21225
service obligation agreed to under division (B)(1) of this	21226
section.	21227

(C) The contract ~~may include any other terms agreed upon by~~	21228
~~the parties~~shall include the following terms as agreed upon by	21229
the parties:	21230

(1) The primary care physician's required length of service	21231
in the health resource shortage area, which must be at least two	21232
years;	21233

(2) The number of weekly hours the primary care physician	21234
will be engaged in full-time practice or part-time practice in the	21235
health resource shortage area;	21236

(3) The maximum amount that the department will repay on	21237
behalf of the primary care physician;	21238

(4) The extent to which the primary care physician's teaching	21239
activities in the health resource shortage area will be counted	21240
toward the physician's full-time practice or part-time practice	21241
hours under the contract.	21242

Sec. 3702.75. There is hereby created the physician loan	21243
repayment program. Under the program, the department of health, by	21244
means of a contract provision under division (B)(3) of section	21245
3702.74 of the Revised Code, may agree to repay all or part of the	21246
principal and interest of a government or other educational loan	21247
taken by a primary care physician for the following expenses, so	21248
long as the expenses were incurred while the physician was	21249
enrolled in, for up to a maximum of four years, a medical school	21250
or osteopathic medical school in the United States that was,	21251
during the time enrolled, accredited by the liaison committee on	21252
medical education or the American osteopathic association, or a	21253
medical school or osteopathic medical school located outside the	21254
United States that was, during the time enrolled, acknowledged by	21255
the world health organization and verified by a member state of	21256
that organization as operating within the state's jurisdiction:	21257

(A) Tuition;

21258

(B) Other educational expenses, such as fees, books, and	21259
laboratory expenses, for specific purposes and in amounts	21260
determined to be reasonable by the director of health;	21261

(C) Room and board, in an amount determined reasonable by the	21262
director of health.	21263

~~In the first and second years, no repayment shall exceed~~	21264
~~twenty-five thousand dollars in each year. In the third and fourth~~	21265
~~years, no repayment shall exceed thirty-five thousand dollars in~~	21266
~~each year. If, however, a repayment results in an increase in the~~	21267
~~primary care physician's federal, state, or local income tax~~	21268
~~liability, at the physician's request, the department may~~	21269
~~reimburse the physician for the increased tax liability,~~	21270
~~regardless of the amount of the repayment made to the physician in~~	21271
~~that year.~~	21272

~~Not later than the thirty-first day of January each year, the~~	21273
~~department shall mail to each physician to whom or on whose behalf~~	21274
~~repayment is made under this section a statement showing the~~	21275
~~amount repaid by the department pursuant to the contract in the~~	21276
~~preceding year. The statement shall be sent by ordinary mail with~~	21277
~~address correction and forwarding requested in the manner~~	21278
~~prescribed by the United States postal service.~~	21279

Sec. 3702.91. (A) As used in this section, "full-time	21280
practice" and "part-time practice" have the same meanings as in	21281
section 3702.71 of the Revised Code.	21282

(B) An individual who has signed a letter of intent under	21283
section 3702.90 of the Revised Code may enter into a contract with	21284
the director of health for participation in the dentist loan	21285
repayment program. The dentist's employer or other funding source	21286
may also be a party to the contract.	21287

~~(B)~~(C) The contract shall include all of the following	21288
obligations:	21289

(1) The individual agrees to provide dental services in the	21290
dental health resource shortage area identified in the letter of	21291
intent for ~~at least two years~~the number of hours and duration	21292
specified in the contract.	21293

(2) When providing dental services in the dental health	21294
resource shortage area, the individual agrees to do all of the	21295
following:	21296

(a) Provide dental services ~~for a minimum of forty hours per~~	21297
~~week~~in a service site approved by the department of health;	21298

(b) Provide dental services without regard to a patient's	21299
ability to pay;	21300

(c) Meet the requirements for a medicaid provider agreement	21301
and enter into the agreement with the department of medicaid to	21302
provide dental services to medicaid recipients.	21303

(3) The department of health agrees, as provided in section	21304
3702.85 of the Revised Code, to repay, so long as the individual	21305
performs the service obligation agreed to under division ~~(B)~~(C)(1)	21306
of this section, all or part of the principal and interest of a	21307
government or other educational loan taken by the individual for	21308
expenses described in section 3702.85 of the Revised Code.	21309

(4) The individual agrees to pay the department of health an	21310
amount established by rules adopted under section 3702.86 of the	21311
Revised Code, if the individual fails to complete the service	21312
obligation agreed to under division ~~(B)~~(C)(1) of this section.	21313

~~(C)~~(D) The contract ~~may~~shall include ~~any other~~the following	21314
terms as agreed upon by the parties:	21315

(1) The individual's required length of service in the dental	21316
health resource shortage area, which must be at least two years;	21317

(2) The number of weekly hours the individual will be engaged	21318
in full-time practice or part-time practice;	21319

(3) The maximum amount that the department will repay on	21320
behalf of the individual;	21321

(4) The extent to which the individual's teaching activities	21322
in the dental health resource shortage area will be counted toward	21323
the individual's full-time practice or part-time practice hours	21324
under the contract.	21325

~~(D) Not later than the thirty-first day of January of each~~	21326
~~year, the department of health shall mail to each individual to~~	21327
~~whom or on whose behalf repayment is made under the dentist loan~~	21328
~~repayment program a statement showing the amount of principal and~~	21329
~~interest repaid by the department pursuant to the contract in the~~	21330
~~preceding year. The statement shall be sent by ordinary mail with~~	21331
~~address correction and forwarding requested in the manner~~	21332
~~prescribed by the United States postal service.~~	21333

Sec. 3702.95. The director of health may accept gifts of	21334
money from any source for the implementation and administration of	21335
sections 3702.85 to ~~3702.93~~3702.92 of the Revised Code.	21336

The director shall pay all gifts accepted under this section	21337
into the state treasury, to the credit of the dental health	21338
resource shortage area fund, which is hereby created, and all	21339
damages collected under division ~~(B)~~(C)(4) of section 3702.91 of	21340
the Revised Code, into the state treasury, to the credit of the	21341
dentist loan repayment fund, which is hereby created.	21342

The director shall use the dental health resource shortage	21343
area and dentist loan repayment funds for the implementation and	21344
administration of sections 3702.85 to 3702.95 of the Revised Code.	21345

Sec. 3704.05. (A) No person shall cause, permit, or allow	21346
emission of an air contaminant in violation of any rule adopted by	21347
the director of environmental protection under division (E) of	21348
section 3704.03 of the Revised Code unless the person is the	21349
holder of a variance that is issued under division (H) of that	21350
section and consistent with the federal Clean Air Act permitting	21351
the emission of the contaminant in excess of that permitted by the	21352
rule or the person is the holder of an operating permit that	21353
includes a compliance schedule issued pursuant to rules adopted	21354
under division (G) of section 3704.03 of the Revised Code.	21355

(B) No person who is the holder of a variance issued under	21356
division (H) of section 3704.03 of the Revised Code shall cause,	21357
permit, or allow emission of an air contaminant or contaminants	21358
listed therein in violation of the conditions of the variance or	21359
fail to obey an order of the director issued under authority of	21360
that division.	21361

(C) No person who is the holder of a permit issued under	21362
division (F) or (G) of section 3704.03 of the Revised Code shall	21363
violate any of its terms or conditions.	21364

(D) No person shall fail to install and maintain monitoring	21365
devices or to submit reports or other information as may be	21366
required under division (I) of section 3704.03 of the Revised	21367
Code.	21368

(E) No person to whom a permit or variance has been issued	21369
shall refuse entry to an authorized representative of the director	21370
or the environmental protection agency as provided in division	21371
~~(M)~~(L) of section 3704.03 of the Revised Code or hinder or thwart	21372
the person in making an investigation.	21373

(F) No person shall fail to submit plans and specifications	21374
as required by section 3704.03 of the Revised Code.	21375

(G) No person shall violate any order, rule, or determination	21376
of the director issued, adopted, or made under this chapter.	21377

(H) No person shall do any of the following:

21378

(1) Falsify any plans, specifications, data, reports,	21379
records, or other information required to be kept or submitted to	21380
the director by this chapter or rules adopted under it;	21381

(2) Make any false material statement, representation, or	21382
certification in any form, notice, or report required by the Title	21383
V permit program;	21384

(3) Render inaccurate any monitoring device required by a	21385
Title V permit.	21386

Violation of division (H)(1), (2), or (3) of this section is	21387
not also falsification under section 2921.13 of the Revised Code.	21388

(I) No person shall knowingly falsify an inspection	21389
certificate submitted to another under section 3704.14 or Chapter	21390
4503. of Revised Code. Violation of this division is not also	21391
falsification under section 2921.13 of the Revised Code.	21392

(J) No person shall do either of the following:

21393

(1) With regard to the Title V permit program, fail to pay	21394
any administrative penalty assessed in accordance with rules	21395
adopted under division (S) of section 3704.03 of the Revised Code	21396
or any fee assessed under section 3745.11 of the Revised Code;	21397

(2) Violate any applicable requirement of a Title V permit or	21398
any permit condition, except for an emergency as defined in 40	21399
C.F.R. 70.6 (g), or filing requirement of the Title V permit	21400
program, any duty to allow or carry out inspection, entry, or	21401
monitoring activities, or any rule adopted or order issued by the	21402
director pursuant to the Title V permit program.	21403

(K) On and after the three hundred sixty-sixth day following	21404
the administrator's final approval of the Title V permit program,	21405
or on and after the three hundred sixty-sixth day following the	21406
commencement of operation of a new major source required to comply	21407
with section 112(g) or part C or D of Title I of the federal Clean	21408
Air Act, whichever is later, no person shall operate any such	21409
source that is required to obtain a Title V permit under section	21410
3704.036 of the Revised Code or rules adopted under it unless such	21411
a permit has been issued authorizing operation of the source or	21412
unless a complete and timely application for the issuance,	21413
renewal, or modification of a Title V permit for the source has	21414
been submitted to the director under that section.	21415

Sec. 3721.122. Before an individual is admitted as a	21416
resident to a home, the home's administrator shall search for the	21417
individual's name in the internet-based sex offender and	21418
child-victim offender database established under division (A)(11)	21419
of section 2950.13 of the Revised Code. If the search results	21420
identify the individual as a sex offender and the individual is	21421
admitted as a resident to the home, the administrator shall	21422
provide for the home to do all of the following:	21423

(A) Develop a plan of care to protect the other residents'	21424
rights to a safe environment and to be free from abuse;	21425

(B) Notify all of the home's other residents and their	21426
sponsors that a sex offender has been admitted as a resident to	21427
the home and include in the notice a description of the plan of	21428
care developed under division (A) of this section;	21429

(C) Direct the individual in updating the individual's	21430
address under section 2950.05 of the Revised Code and, if the	21431
individual is unable to do so without assistance, provide the	21432
assistance the individual needs to update the individual's address	21433
under that section.	21434

Sec. 3730.09. (A) Each operator of a business that offers	21435
tattooing or body piercing services shall do all of the following:	21436

(1) Maintain procedures for ensuring that the individuals who	21437
perform tattooing or body piercing procedures are adequately	21438
trained to perform the procedures properly;	21439

(2) With respect to tattooing services, maintain written	21440
records that include the color, manufacturer, and lot number of	21441
each pigment used for each tattoo performed;	21442

(3) Comply with the safety and sanitation requirements for	21443
preventing transmission of infectious diseases, as established in	21444
rules adopted under section 3730.10 of the Revised Code;	21445

(4) ~~Require the individuals who perform tattooing and body~~	21446
~~piercing procedures to disinfect and sterilize~~Ensure that all	21447
invasive equipment or parts of equipment used in performing ~~the~~	21448
tattooing and body piercing procedures are disinfected and	21449
sterilized by using methods that meet the disinfection and	21450
sterilization requirements established in rules adopted under	21451
section 3730.10 of the Revised Code;	21452

(5) Ensure that weekly tests of the business's heat	21453
sterilization devices are performed to determine whether the	21454
devices are functioning properly. In having the devices tested,	21455
the operator of the business shall use a biological monitoring	21456
system that indicates whether the devices are killing	21457
microorganisms. If a test indicates that a device is not	21458
functioning properly, the operator shall take immediate remedial	21459
action to ensure that heat sterilization is being accomplished.	21460
The operator shall maintain documentation that the weekly tests	21461
are being performed. To comply with the documentation requirement,	21462
the documents must consist of a log that indicates the date on	21463
which each test is performed and the name of the person who	21464
performed the test or, if a test was conducted by an independent	21465
testing entity, a copy of the entity's testing report. The	21466
operator shall maintain records of each test performed for at	21467
least two years.	21468

(B) Each operator of a business that offers ear piercing	21469
services performed with an ear piercing gun shall require the	21470
individuals who perform the ear piercing services to disinfect and	21471
sterilize the ear piercing gun by using chemical solutions that	21472
meet the disinfection and sterilization requirements established	21473
in rules adopted under section 3730.10 of the Revised Code.	21474

Sec. 3731.02. (A) The state fire marshal shall make such	21475
rules as are necessary to carry out this chapter, which shall	21476
include, but are not limited to, rules establishing requirements	21477
to renew a license issued under this chapter and fees for	21478
licensure and renewal and for inspections of hotels. Except as	21479
provided in division (G) of section 3731.12 of the Revised Code,	21480
the state fire marshal and the assistant state fire marshals shall	21481
enforce this chapter.	21482

(B) Except as otherwise provided in this division and	21483
divisions (C) and (D) of this section, the board of building	21484
standards shall adopt, pursuant to section 3781.10 of the Revised	21485
Code, rules that specify that the building code standards for SRO	21486
facilities shall be use group R-2. Any facility operating prior to	21487
October 16, 1996, in the nature of an SRO facility that met the	21488
building code standards for an SRO facility prior to that date,	21489
whether previously licensed as a hotel or not, and after October	21490
16, 1996, licensed as an SRO facility under section 3731.03 of the	21491
Revised Code, shall be permitted under the rules to have a	21492
building code standard of either use group R-1 or use group R-2 if	21493
the facility meets the requirements for those use groups as	21494
specified in the Ohio building code adopted pursuant to section	21495
3781.10 of the Revised Code. The requirements of this division	21496
apply to an SRO facility that holds a license as an SRO facility	21497
on ~~the effective date of this amendment~~September 12, 2008, unless	21498
any of the following events occur on or after ~~the effective date~~	21499
~~of this amendment~~September 12, 2008:	21500

(1) The owner of the SRO facility constructs or alters the	21501
facility.	21502

(2) The owner of the SRO facility surrenders the license	21503
issued to that facility.	21504

(3) The owner of the SRO facility changes the use or	21505
occupancy of that facility.	21506

(4) The license issued to that SRO facility under this	21507
chapter is revoked or is not renewed.	21508

(C) If any of the events described in divisions (B)(1) to (4)	21509
of this section occur, the owner of the structure shall comply	21510
with division (D) of this section to obtain a new license to	21511
operate as an SRO facility.	21512

(D) Beginning on ~~the effective date of this amendment~~	21513
September 12, 2008, the state fire marshal shall not issue a new	21514
license to operate a facility as an SRO facility, and shall not	21515
renew such a license issued under this division, unless the SRO	21516
facility is constructed providing individual sleeping rooms for	21517
each guest; has, on a per-room or a communal basis within each	21518
building to be licensed as an SRO facility, permanent provisions	21519
for living, eating, cooking, and sanitation; and is constructed in	21520
accordance with the requirements specified for SRO facilities and	21521
is approved by the building official having jurisdiction over that	21522
facility to be an SRO facility. An SRO facility subject to this	21523
division shall only operate with, and shall properly maintain,	21524
individual sleeping rooms for each guest and shall only operate	21525
with, and shall properly maintain, on a per-room or communal	21526
basis, permanent provisions available to all guests for living,	21527
eating, cooking, and sanitation.	21528

(E) The state fire marshal may, pursuant to division (A) of	21529
this section, adopt rules establishing a fire code and sanitary	21530
standards compliance incentive program for persons required to	21531
procure a license for a hotel under section 3731.03 of the Revised	21532
Code. The rules may include provisions for the creation of a "Safe	21533
Stay Hotel" designation by the state fire marshal, the standards a	21534
licensed hotel must meet to achieve and maintain that designation,	21535
the procedures the state fire marshal shall use to publish and	21536
maintain a registry of hotels receiving that designation, and any	21537
monetary incentives offered by the state fire marshal to encourage	21538
a licensed hotel to achieve and maintain that designation. At a	21539
minimum, no hotel may be designated as a "Safe Stay Hotel" or	21540
maintain such a designation unless it meets the fire code and	21541
sanitary compliance standards established pursuant to this section	21542
for a continuous period of at least twenty-four months.	21543

Nothing in this division shall be construed to limit the	21544
power of this state, the department of commerce, the state fire	21545
marshal, or any other political subdivision of the state to	21546
administer and enforce any other sections of this chapter or any	21547
other applicable laws, rules, and regulations. Nothing in this	21548
division shall be construed to require the state fire marshal to	21549
designate a hotel as a "Safe Stay Hotel" or require the state fire	21550
marshal to award a monetary incentive to a hotel in any manner	21551
that is inconsistent or in conflict with the rules adopted under	21552
this section or any other applicable laws, rules, or regulations.	21553

Sec. 3734.02. (A) The director of environmental protection,	21554
in accordance with Chapter 119. of the Revised Code, shall adopt	21555
and may amend, suspend, or rescind rules having uniform	21556
application throughout the state governing solid waste facilities	21557
and the inspections of and issuance of permits and licenses for	21558
all solid waste facilities in order to ensure that the facilities	21559
will be located, maintained, and operated, and will undergo	21560
closure and post-closure care, in a sanitary manner so as not to	21561
create a nuisance, cause or contribute to water pollution, create	21562
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	21563
257.3-8, as amended. The rules may include, without limitation,	21564
financial assurance requirements for closure and post-closure care	21565
and corrective action and requirements for taking corrective	21566
action in the event of the surface or subsurface discharge or	21567
migration of explosive gases or leachate from a solid waste	21568
facility, or of ground water contamination resulting from the	21569
transfer or disposal of solid wastes at a facility, beyond the	21570
boundaries of any area within a facility that is operating or is	21571
undergoing closure or post-closure care where solid wastes were	21572
disposed of or are being disposed of. The rules shall not concern	21573
or relate to personnel policies, salaries, wages, fringe benefits,	21574
or other conditions of employment of employees of persons owning	21575
or operating solid waste facilities. The director, in accordance	21576
with Chapter 119. of the Revised Code, shall adopt and may amend,	21577
suspend, or rescind rules governing the issuance, modification,	21578
revocation, suspension, or denial of variances from the director's	21579
solid waste rules, including, without limitation, rules adopted	21580
under this chapter governing the management of scrap tires.	21581

Variances shall be issued, modified, revoked, suspended, or	21582
rescinded in accordance with this division, rules adopted under	21583
it, and Chapter 3745. of the Revised Code. The director may order	21584
the person to whom a variance is issued to take such action within	21585
such time as the director may determine to be appropriate and	21586
reasonable to prevent the creation of a nuisance or a hazard to	21587
the public health or safety or the environment. Applications for	21588
variances shall contain such detail plans, specifications, and	21589
information regarding objectives, procedures, controls, and other	21590
pertinent data as the director may require. The director shall	21591
grant a variance only if the applicant demonstrates to the	21592
director's satisfaction that construction and operation of the	21593
solid waste facility in the manner allowed by the variance and any	21594
terms or conditions imposed as part of the variance will not	21595
create a nuisance or a hazard to the public health or safety or	21596
the environment. In granting any variance, the director shall	21597
state the specific provision or provisions whose terms are to be	21598
varied and also shall state specific terms or conditions imposed	21599
upon the applicant in place of the provision or provisions. The	21600
director may hold a public hearing on an application for a	21601
variance or renewal of a variance at a location in the county	21602
where the operations that are the subject of the application for	21603
the variance are conducted. The director shall give not less than	21604
twenty days' notice of the hearing to the applicant by certified	21605
mail or by another type of mail accompanied by a receipt and shall	21606
publish at least one notice of the hearing in a newspaper with	21607
general circulation in the county where the hearing is to be held.	21608
The director shall make available for public inspection at the	21609
principal office of the environmental protection agency a current	21610
list of pending applications for variances and a current schedule	21611
of pending variance hearings. The director shall make a complete	21612
stenographic record of testimony and other evidence submitted at	21613
the hearing. Within ten days after the hearing, the director shall	21614
make a written determination to issue, renew, or deny the variance	21615
and shall enter the determination and the basis for it into the	21616
record of the hearing. The director shall issue, renew, or deny an	21617
application for a variance or renewal of a variance within six	21618
months of the date upon which the director receives a complete	21619
application with all pertinent information and data required. No	21620
variance shall be issued, revoked, modified, or denied until the	21621
director has considered the relative interests of the applicant,	21622
other persons and property affected by the variance, and the	21623
general public. Any variance granted under this division shall be	21624
for a period specified by the director and may be renewed from	21625
time to time on such terms and for such periods as the director	21626
determines to be appropriate. No application shall be denied and	21627
no variance shall be revoked or modified without a written order	21628
stating the findings upon which the denial, revocation, or	21629
modification is based. A copy of the order shall be sent to the	21630
applicant or variance holder by certified mail or by another type	21631
of mail accompanied by a receipt.	21632

(B) The director shall prescribe and furnish the forms	21633
necessary to administer and enforce this chapter. The director may	21634
cooperate with and enter into agreements with other state, local,	21635
or federal agencies to carry out the purposes of this chapter. The	21636
director may exercise all incidental powers necessary to carry out	21637
the purposes of this chapter.	21638

The director may use moneys in the infectious waste	21639
management fund created in section 3734.021 of the Revised Code	21640
exclusively for administering and enforcing the provisions of this	21641
chapter governing the management of infectious wastes.	21642

(C) Except as provided in this division and divisions (N)(2)	21643
and (3) of this section, no person shall establish a new solid	21644
waste facility or infectious waste treatment facility, or modify	21645
an existing solid waste facility or infectious waste treatment	21646
facility, without submitting an application for a permit with	21647
accompanying detail plans, specifications, and information	21648
regarding the facility and method of operation and receiving a	21649
permit issued by the director, except that no permit shall be	21650
required under this division to install or operate a solid waste	21651
facility for sewage sludge treatment or disposal when the	21652
treatment or disposal is authorized by a current permit issued	21653
under Chapter 3704. or 6111. of the Revised Code.	21654

No person shall continue to operate a solid waste facility	21655
for which the director has denied a permit for which an	21656
application was required under division (A)(3) of section 3734.05	21657
of the Revised Code, or for which the director has disapproved	21658
plans and specifications required to be filed by an order issued	21659
under division (A)(5) of that section, after the date prescribed	21660
for commencement of closure of the facility in the order issued	21661
under division (A)(6) of section 3734.05 of the Revised Code	21662
denying the permit application or approval.	21663

On and after the effective date of the rules adopted under	21664
division (A) of this section and division (D) of section 3734.12	21665
of the Revised Code governing solid waste transfer facilities, no	21666
person shall establish a new, or modify an existing, solid waste	21667
transfer facility without first submitting an application for a	21668
permit with accompanying engineering detail plans, specifications,	21669
and information regarding the facility and its method of operation	21670
to the director and receiving a permit issued by the director.	21671

No person shall establish a new compost facility or continue	21672
to operate an existing compost facility that accepts exclusively	21673
source separated yard wastes without submitting a completed	21674
registration for the facility to the director in accordance with	21675
rules adopted under divisions (A) and (N)(3) of this section.	21676

This division does not apply to a generator of infectious	21677
wastes that does any of the following:	21678

(1) Treats, by methods, techniques, and practices established	21679
by rules adopted under division (B)(2)(a) of section 3734.021 of	21680
the Revised Code, any of the following:	21681

(a) Infectious wastes that are generated on any premises that	21682
are owned or operated by the generator;	21683

(b) Infectious wastes that are generated by a generator who	21684
has staff privileges at a hospital as defined in section 3727.01	21685
of the Revised Code;	21686

(c) Infectious wastes that are generated in providing care to	21687
a patient by an emergency medical services organization as defined	21688
in section 4765.01 of the Revised Code.	21689

(2) Holds a license or renewal of a license to operate a	21690
crematory facility issued under Chapter 4717. and a permit issued	21691
under Chapter 3704. of the Revised Code;	21692

(3) Treats or disposes of dead animals or parts thereof, or	21693
the blood of animals, and is subject to any of the following:	21694

(a) Inspection under the "Federal Meat Inspection Act," 81	21695
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	21696

(b) Chapter 918. of the Revised Code;

21697

21698

(D) Neither this chapter nor any rules adopted under it apply	21699
to single-family residential premises; to infectious wastes	21700
generated by individuals for purposes of their own care or	21701
treatment; to the temporary storage of solid wastes, other than	21702
scrap tires, prior to their collection for disposal; to the	21703
storage of one hundred or fewer scrap tires unless they are stored	21704
in such a manner that, in the judgment of the director or the	21705
board of health of the health district in which the scrap tires	21706
are stored, the storage causes a nuisance, a hazard to public	21707
health or safety, or a fire hazard; or to the collection of solid	21708
wastes, other than scrap tires, by a political subdivision or a	21709
person holding a franchise or license from a political subdivision	21710
of the state; to composting, as defined in section ~~1511.01~~939.01	21711
of the Revised Code, conducted in accordance with section ~~1511.022~~	21712
939.04 of the Revised Code; or to any person who is licensed to	21713
transport raw rendering material to a compost facility pursuant to	21714
section 953.23 of the Revised Code.	21715

(E)(1) As used in this division:

21716

(a) "On-site facility" means a facility that stores, treats,	21717
or disposes of hazardous waste that is generated on the premises	21718
of the facility.	21719

(b) "Off-site facility" means a facility that stores, treats,	21720
or disposes of hazardous waste that is generated off the premises	21721
of the facility and includes such a facility that is also an	21722
on-site facility.	21723

21724

(i) An on-site facility that also receives hazardous waste	21725
from other premises owned by the same person who generates the	21726
waste on the facility premises;	21727

(ii) An off-site facility operated so that all of the	21728
hazardous waste it receives is generated on one or more premises	21729
owned by the person who owns the facility;	21730

(iii) An on-site facility that also receives hazardous waste	21731
that is transported uninterruptedly and directly to the facility	21732
through a pipeline from a generator who is not the owner of the	21733
facility.	21734

(2) Except as provided in division (E)(3) of this section, no	21735
person shall establish or operate a hazardous waste facility, or	21736
use a solid waste facility for the storage, treatment, or disposal	21737
of any hazardous waste, without a hazardous waste facility	21738
installation and operation permit issued in accordance with	21739
section 3734.05 of the Revised Code and subject to the payment of	21740
an application fee not to exceed one thousand five hundred	21741
dollars, payable upon application for a hazardous waste facility	21742
installation and operation permit and upon application for a	21743
renewal permit issued under division (H) of section 3734.05 of the	21744
Revised Code, to be credited to the hazardous waste facility	21745
management fund created in section 3734.18 of the Revised Code.	21746
The term of a hazardous waste facility installation and operation	21747
permit shall not exceed ten years.	21748

In addition to the application fee, there is hereby levied an	21749
annual permit fee to be paid by the permit holder upon the	21750
anniversaries of the date of issuance of the hazardous waste	21751
facility installation and operation permit and of any subsequent	21752
renewal permits and to be credited to the hazardous waste facility	21753
management fund. Annual permit fees totaling forty thousand	21754
dollars or more for any one facility may be paid on a quarterly	21755
basis with the first quarterly payment each year being due on the	21756
anniversary of the date of issuance of the hazardous waste	21757
facility installation and operation permit and of any subsequent	21758
renewal permits. The annual permit fee shall be determined for	21759
each permit holder by the director in accordance with the	21760
following schedule:	21761

TYPE OF BASIC			21762
MANAGEMENT UNIT	TYPE OF FACILITY	FEE	21763
Storage facility using:			21764
Containers	On-site, off-site, and		21765
	satellite	$ 500	21766
Tanks	On-site, off-site, and		21767
	satellite	500	21768
Waste pile	On-site, off-site, and		21769
	satellite	3,000	21770
Surface impoundment	On-site and satellite	8,000	21771
	Off-site	10,000	21772
Disposal facility using:			21773
Deep well injection	On-site and satellite	15,000	21774
	Off-site	25,000	21775
Landfill	On-site and satellite	25,000	21776
	Off-site	40,000	21777
Land application	On-site and satellite	2,500	21778
	Off-site	5,000	21779
Surface impoundment	On-site and satellite	10,000	21780
	Off-site	20,000	21781
Treatment facility using:			21782
Tanks	On-site, off-site, and		21783
	satellite	700	21784
Surface impoundment	On-site and satellite	8,000	21785
	Off-site	10,000	21786
Incinerator	On-site and satellite	5,000	21787
	Off-site	10,000	21788
Other forms			21789
of treatment	On-site, off-site, and		21790
	satellite	1,000	21791

A hazardous waste disposal facility that disposes of	21792
hazardous waste by deep well injection and that pays the annual	21793
permit fee established in section 6111.046 of the Revised Code is	21794
not subject to the permit fee established in this division for	21795
disposal facilities using deep well injection unless the director	21796
determines that the facility is not in compliance with applicable	21797
requirements established under this chapter and rules adopted	21798
under it.	21799

In determining the annual permit fee required by this	21800
section, the director shall not require additional payments for	21801
multiple units of the same method of storage, treatment, or	21802
disposal or for individual units that are used for both storage	21803
and treatment. A facility using more than one method of storage,	21804
treatment, or disposal shall pay the permit fee indicated by the	21805
schedule for each such method.	21806

The director shall not require the payment of that portion of	21807
an annual permit fee of any permit holder that would apply to a	21808
hazardous waste management unit for which a permit has been	21809
issued, but for which construction has not yet commenced. Once	21810
construction has commenced, the director shall require the payment	21811
of a part of the appropriate fee indicated by the schedule that	21812
bears the same relationship to the total fee that the number of	21813
days remaining until the next anniversary date at which payment of	21814
the annual permit fee is due bears to three hundred sixty-five.	21815

The director, by rules adopted in accordance with Chapters	21816
119. and 3745. of the Revised Code, shall prescribe procedures for	21817
collecting the annual permit fee established by this division and	21818
may prescribe other requirements necessary to carry out this	21819
division.	21820

(3) The prohibition against establishing or operating a	21821
hazardous waste facility without a hazardous waste facility	21822
installation and operation permit does not apply to either of the	21823
following:	21824

(a) A facility that is operating in accordance with a permit	21825
renewal issued under division (H) of section 3734.05 of the	21826
Revised Code, a revision issued under division (I) of that section	21827
as it existed prior to August 20, 1996, or a modification issued	21828
by the director under division (I) of that section on and after	21829
August 20, 1996;	21830

(b) Except as provided in division (J) of section 3734.05 of	21831
the Revised Code, a facility that will operate or is operating in	21832
accordance with a permit by rule, or that is not subject to permit	21833
requirements, under rules adopted by the director. In accordance	21834
with Chapter 119. of the Revised Code, the director shall adopt,	21835
and subsequently may amend, suspend, or rescind, rules for the	21836
purposes of division (E)(3)(b) of this section. Any rules so	21837
adopted shall be consistent with and equivalent to regulations	21838
pertaining to interim status adopted under the "Resource	21839
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	21840
6921, as amended, except as otherwise provided in this chapter.	21841

If a modification is requested or proposed for a facility	21842
described in division (E)(3)(a) or (b) of this section, division	21843
(I)(7) of section 3734.05 of the Revised Code applies.	21844

(F) No person shall store, treat, or dispose of hazardous	21845
waste identified or listed under this chapter and rules adopted	21846
under it, regardless of whether generated on or off the premises	21847
where the waste is stored, treated, or disposed of, or transport	21848
or cause to be transported any hazardous waste identified or	21849
listed under this chapter and rules adopted under it to any other	21850
premises, except at or to any of the following:	21851

(1) A hazardous waste facility operating under a permit	21852
issued in accordance with this chapter;	21853

(2) A facility in another state operating under a license or	21854
permit issued in accordance with the "Resource Conservation and	21855
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	21856
amended;	21857

(3) A facility in another nation operating in accordance with	21858
the laws of that nation;	21859

(4) A facility holding a permit issued pursuant to Title I of	21860
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	21861
Stat. 1052, 33 U.S.C.A. 1401, as amended;	21862

(5) A hazardous waste facility as described in division	21863
(E)(3)(a) or (b) of this section.	21864

(G) The director, by order, may exempt any person generating,	21865
collecting, storing, treating, disposing of, or transporting solid	21866
wastes, infectious wastes, or hazardous waste, or processing solid	21867
wastes that consist of scrap tires, in such quantities or under	21868
such circumstances that, in the determination of the director, are	21869
unlikely to adversely affect the public health or safety or the	21870
environment from any requirement to obtain a registration	21871
certificate, permit, or license or comply with the manifest system	21872
or other requirements of this chapter. Such an exemption shall be	21873
consistent with and equivalent to any regulations adopted by the	21874
administrator of the United States environmental protection agency	21875
under the "Resource Conservation and Recovery Act of 1976," 90	21876
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	21877
provided in this chapter.	21878

(H) No person shall engage in filling, grading, excavating,	21879
building, drilling, or mining on land where a hazardous waste	21880
facility, or a solid waste facility, was operated without prior	21881
authorization from the director, who shall establish the procedure	21882
for granting such authorization by rules adopted in accordance	21883
with Chapter 119. of the Revised Code.	21884

A public utility that has main or distribution lines above or	21885
below the land surface located on an easement or right-of-way	21886
across land where a solid waste facility was operated may engage	21887
in any such activity within the easement or right-of-way without	21888
prior authorization from the director for purposes of performing	21889
emergency repair or emergency replacement of its lines; of the	21890
poles, towers, foundations, or other structures supporting or	21891
sustaining any such lines; or of the appurtenances to those	21892
structures, necessary to restore or maintain existing public	21893
utility service. A public utility may enter upon any such easement	21894
or right-of-way without prior authorization from the director for	21895
purposes of performing necessary or routine maintenance of those	21896
portions of its existing lines; of the existing poles, towers,	21897
foundations, or other structures sustaining or supporting its	21898
lines; or of the appurtenances to any such supporting or	21899
sustaining structure, located on or above the land surface on any	21900
such easement or right-of-way. Within twenty-four hours after	21901
commencing any such emergency repair, replacement, or maintenance	21902
work, the public utility shall notify the director or the	21903
director's authorized representative of those activities and shall	21904
provide such information regarding those activities as the	21905
director or the director's representative may request. Upon	21906
completion of the emergency repair, replacement, or maintenance	21907
activities, the public utility shall restore any land of the solid	21908
waste facility disturbed by those activities to the condition	21909
existing prior to the commencement of those activities.	21910

(I) No owner or operator of a hazardous waste facility, in	21911
the operation of the facility, shall cause, permit, or allow the	21912
emission therefrom of any particulate matter, dust, fumes, gas,	21913
mist, smoke, vapor, or odorous substance that, in the opinion of	21914
the director, unreasonably interferes with the comfortable	21915
enjoyment of life or property by persons living or working in the	21916
vicinity of the facility, or that is injurious to public health.	21917
Any such action is hereby declared to be a public nuisance.	21918

(J) Notwithstanding any other provision of this chapter, in	21919
the event the director finds an imminent and substantial danger to	21920
public health or safety or the environment that creates an	21921
emergency situation requiring the immediate treatment, storage, or	21922
disposal of hazardous waste, the director may issue a temporary	21923
emergency permit to allow the treatment, storage, or disposal of	21924
the hazardous waste at a facility that is not otherwise authorized	21925
by a hazardous waste facility installation and operation permit to	21926
treat, store, or dispose of the waste. The emergency permit shall	21927
not exceed ninety days in duration and shall not be renewed. The	21928
director shall adopt, and may amend, suspend, or rescind, rules in	21929
accordance with Chapter 119. of the Revised Code governing the	21930
issuance, modification, revocation, and denial of emergency	21931
permits.	21932

(K) Except for infectious wastes generated by a person who	21933
produces fewer than fifty pounds of infectious wastes at a	21934
premises during any one month, no owner or operator of a sanitary	21935
landfill shall knowingly accept for disposal, or dispose of, any	21936
infectious wastes that have not been treated to render them	21937
noninfectious.	21938

(L) The director, in accordance with Chapter 119. of the	21939
Revised Code, shall adopt, and may amend, suspend, or rescind,	21940
rules having uniform application throughout the state establishing	21941
a training and certification program that shall be required for	21942
employees of boards of health who are responsible for enforcing	21943
the solid waste and infectious waste provisions of this chapter	21944
and rules adopted under them and for persons who are responsible	21945
for the operation of solid waste facilities or infectious waste	21946
treatment facilities. The rules shall provide all of the	21947
following, without limitation:	21948

(1) The program shall be administered by the director and	21949
shall consist of a course on new solid waste and infectious waste	21950
technologies, enforcement procedures, and rules;	21951

(2) The course shall be offered on an annual basis;

21952

(3) Those persons who are required to take the course under	21953
division (L) of this section shall do so triennially;	21954

(4) Persons who successfully complete the course shall be	21955
certified by the director;	21956

(5) Certification shall be required for all employees of	21957
boards of health who are responsible for enforcing the solid waste	21958
or infectious waste provisions of this chapter and rules adopted	21959
under them and for all persons who are responsible for the	21960
operation of solid waste facilities or infectious waste treatment	21961
facilities;	21962

(6)(a) All employees of a board of health who, on the	21963
effective date of the rules adopted under this division, are	21964
responsible for enforcing the solid waste or infectious waste	21965
provisions of this chapter and the rules adopted under them shall	21966
complete the course and be certified by the director not later	21967
than January 1, 1995;	21968

(b) All employees of a board of health who, after the	21969
effective date of the rules adopted under division (L) of this	21970
section, become responsible for enforcing the solid waste or	21971
infectious waste provisions of this chapter and rules adopted	21972
under them and who do not hold a current and valid certification	21973
from the director at that time shall complete the course and be	21974
certified by the director within two years after becoming	21975
responsible for performing those activities.	21976

No person shall fail to obtain the certification required	21977
under this division.	21978

(M) The director shall not issue a permit under section	21979
3734.05 of the Revised Code to establish a solid waste facility,	21980
or to modify a solid waste facility operating on December 21,	21981
1988, in a manner that expands the disposal capacity or geographic	21982
area covered by the facility, that is or is to be located within	21983
the boundaries of a state park established or dedicated under	21984
Chapter 1541. of the Revised Code, a state park purchase area	21985
established under section 1541.02 of the Revised Code, any unit of	21986
the national park system, or any property that lies within the	21987
boundaries of a national park or recreation area, but that has not	21988
been acquired or is not administered by the secretary of the	21989
United States department of the interior, located in this state,	21990
or any candidate area located in this state and identified for	21991
potential inclusion in the national park system in the edition of	21992
the "national park system plan" submitted under paragraph (b) of	21993
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	21994
U.S.C.A. 1a-5, as amended, current at the time of filing of the	21995
application for the permit, unless the facility or proposed	21996
facility is or is to be used exclusively for the disposal of solid	21997
wastes generated within the park or recreation area and the	21998
director determines that the facility or proposed facility will	21999
not degrade any of the natural or cultural resources of the park	22000
or recreation area. The director shall not issue a variance under	22001
division (A) of this section and rules adopted under it, or issue	22002
an exemption order under division (G) of this section, that would	22003
authorize any such establishment or expansion of a solid waste	22004
facility within the boundaries of any such park or recreation	22005
area, state park purchase area, or candidate area, other than a	22006
solid waste facility exclusively for the disposal of solid wastes	22007
generated within the park or recreation area when the director	22008
determines that the facility will not degrade any of the natural	22009
or cultural resources of the park or recreation area.	22010

(N)(1) The rules adopted under division (A) of this section,	22011
other than those governing variances, do not apply to scrap tire	22012
collection, storage, monocell, monofill, and recovery facilities.	22013
Those facilities are subject to and governed by rules adopted	22014
under sections 3734.70 to 3734.73 of the Revised Code, as	22015
applicable.	22016

(2) Division (C) of this section does not apply to scrap tire	22017
collection, storage, monocell, monofill, and recovery facilities.	22018
The establishment and modification of those facilities are subject	22019
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	22020
Code, as applicable.	22021

(3) The director may adopt, amend, suspend, or rescind rules	22022
under division (A) of this section creating an alternative system	22023
for authorizing the establishment, operation, or modification of a	22024
solid waste compost facility in lieu of the requirement that a	22025
person seeking to establish, operate, or modify a solid waste	22026
compost facility apply for and receive a permit under division (C)	22027
of this section and section 3734.05 of the Revised Code and a	22028
license under division (A)(1) of that section. The rules may	22029
include requirements governing, without limitation, the	22030
classification of solid waste compost facilities, the submittal of	22031
operating records for solid waste compost facilities, and the	22032
creation of a registration or notification system in lieu of the	22033
issuance of permits and licenses for solid waste compost	22034
facilities. The rules shall specify the applicability of divisions	22035
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	22036
Code to a solid waste compost facility.	22037

(O)(1) As used in this division, "secondary aluminum waste"	22038
means waste material or byproducts, when disposed of, containing	22039
aluminum generated from secondary aluminum smelting operations and	22040
consisting of dross, salt cake, baghouse dust associated with	22041
aluminum recycling furnace operations, or dry-milled wastes.	22042

(2) The owner or operator of a sanitary landfill shall not	22043
dispose of municipal solid waste that has been commingled with	22044
secondary aluminum waste.	22045

(3) The owner or operator of a sanitary landfill may dispose	22046
of secondary aluminum waste, but only in a monocell or monofill	22047
that has been permitted for that purpose in accordance with this	22048
chapter and rules adopted under it.	22049

(P)(1) As used in divisions (P) and (Q) of this section:

22050

(a) "Natural background" means two picocuries per gram or the	22051
actual number of picocuries per gram as measured at an individual	22052
solid waste facility, subject to verification by the director of	22053
health.	22054

(b) "Drilling operation" includes a production operation as	22055
defined in section 1509.01 of the Revised Code.	22056

(2) The owner or operator of a solid waste facility shall not	22057
accept for transfer or disposal technologically enhanced naturally	22058
occurring radioactive material if that material contains or is	22059
contaminated with radium-226, radium-228, or any combination of	22060
radium-226 and radium-228 at concentrations equal to or greater	22061
than five picocuries per gram above natural background.	22062

(3) The owner or operator of a solid waste facility may	22063
receive and process for purposes other than transfer or disposal	22064
technologically enhanced naturally occurring radioactive material	22065
that contains or is contaminated with radium-226, radium-228, or	22066
any combination of radium-226 and radium-228 at concentrations	22067
equal to or greater than five picocuries per gram above natural	22068
background, provided that the owner or operator has obtained and	22069
maintains all other necessary authorizations, including any	22070
authorization required by rules adopted by the director of health	22071
under section 3748.04 of the Revised Code.	22072

(4) The director of environmental protection may adopt rules	22073
in accordance with Chapter 119. of the Revised Code governing the	22074
receipt, acceptance, processing, handling, management, and	22075
disposal by solid waste facilities of material that contains or is	22076
contaminated with radioactive material, including, without	22077
limitation, technologically enhanced naturally occurring	22078
radioactive material that contains or is contaminated with	22079
radium-226, radium-228, or any combination of radium-226 and	22080
radium-228 at concentrations less than five picocuries per gram	22081
above natural background. Rules adopted by the director may	22082
include at a minimum both of the following:	22083

(a) Requirements in accordance with which the owner or	22084
operator of a solid waste facility must monitor leachate and	22085
ground water for radium-226, radium-228, and other radionuclides;	22086

(b) Requirements in accordance with which the owner or	22087
operator of a solid waste facility must develop procedures to	22088
ensure that technologically enhanced naturally occurring	22089
radioactive material accepted at the facility neither contains nor	22090
is contaminated with radium-226, radium-228, or any combination of	22091
radium-226 and radium-228 at concentrations equal to or greater	22092
than five picocuries per gram above natural background.	22093

(Q) Notwithstanding any other provision of this section, the	22094
owner or operator of a solid waste facility shall not receive,	22095
accept, process, handle, manage, or dispose of technologically	22096
enhanced naturally occurring radioactive material associated with	22097
drilling operations without first obtaining representative	22098
analytical results to determine compliance with divisions (P)(2)	22099
and (3) of this section and rules adopted under it.	22100

Sec. 3734.029. (A)(1) Except as otherwise provided in	22101
division (A)(2) of this section, the standards of quality for	22102
compost products established in rules adopted under division (A)	22103
of section 3734.028 of the Revised Code apply to compost products	22104
produced by a facility composting dead animals that is subject to	22105
section ~~1511.022~~939.04 of the Revised Code in addition to compost	22106
products produced by facilities subject to this chapter.	22107

(2) The standards of quality established in rules adopted	22108
under division (A) of section 3734.028 of the Revised Code do not	22109
apply to the use, distribution for use, or giving away of the	22110
compost products produced by a composting facility subject to	22111
section ~~1511.022~~939.04 of the Revised Code when either of the	22112
following applies:	22113

(a) The composting is conducted by the person who raises the	22114
animals and the compost product is used in agricultural operations	22115
owned or operated by that person, regardless of whether the person	22116
owns the animals;.	22117

(b) The composting is conducted by the person who owns the	22118
animals, but does not raise them and the compost product is used	22119
in agricultural operations either by a person who raises the	22120
animals or by a person who raises grain that is used to feed them	22121
and that is supplied by the owner of the animals.	22122

(B) No owner or operator of a composting facility that is	22123
subject to regulation under section ~~1511.022~~939.04 of the Revised	22124
Code shall sell or offer for sale at retail or wholesale,	22125
distribute for use, or give away any compost product that does not	22126
comply with the standard of quality applicable under division (A)	22127
of this section for the use for which the product is being sold,	22128
offered for sale, distributed, or given away.	22129

No person shall violate this division.

22130

Sec. 3734.905. (A) The treasurer of state shall refund the	22131
fee imposed by section 3734.901 of the Revised Code paid illegally	22132
or erroneously, or paid on an illegal or erroneous assessment.	22133
Applications for refund shall be filed with the tax commissioner	22134
on a form prescribed by the commissioner, within four years of the	22135
illegal or erroneous payment of the fee.	22136

On the filing of the application, the commissioner shall	22137
determine the amount of refund to which the applicant is entitled.	22138
If the amount is not less than that claimed, the commissioner	22139
shall certify the amount to the director of budget and management	22140
and treasurer of state for payment from the tax refund fund	22141
created by section 5703.052 of the Revised Code. If the amount is	22142
less than that claimed, the commissioner shall proceed in	22143
accordance with section 5703.70 of the Revised Code.	22144

~~If the application for refund is for fees paid on an illegal~~	22145
~~or erroneous assessment, the~~The certified amount shall include	22146
interest calculated at the rate per annum prescribed by section	22147
5703.47 of the Revised Code from the date of overpayment to the	22148
date of the commissioner's certification.	22149

(B) When the fee imposed pursuant to section 3734.901 of the	22150
Revised Code has been paid on tires that are sold by a retail	22151
dealer or wholesale distributor to a motor vehicle manufacturer,	22152
or to a wholesale distributor or retail dealer for the purpose of	22153
resale outside this state, the seller in this state is entitled to	22154
a refund of the amount of the fee actually paid on the tires. To	22155
obtain a refund under this division, the seller shall apply to the	22156
tax commissioner, shall furnish documentary evidence satisfactory	22157
to the commissioner that the price paid by the purchaser did not	22158
include the fee, and shall provide the name and address of the	22159
purchaser to the commissioner. The seller shall apply on the form	22160
prescribed by the commissioner, within four years after the date	22161
of the sale. Upon receipt of an application, the commissioner	22162
shall determine the amount of any refund due and shall certify	22163
that amount to the director of budget and management and the	22164
treasurer of state for payment from the tax refund fund created in	22165
section 5703.052 of the Revised Code. The certified amount shall	22166
include interest calculated at the rate per annum prescribed by	22167
section 5703.47 of the Revised Code from the date of overpayment	22168
to the date of the commissioner's certification.	22169

(C) If any person entitled to a refund of fees under this	22170
section, or section 5703.70 of the Revised Code, is indebted to	22171
the state for any tax administered by the tax commissioner, or any	22172
charge, penalties, or interest arising from such tax, the amount	22173
allowable on the application for refund first shall be applied in	22174
satisfaction of the debt.	22175

Sec. 3737.02. (A) The fire marshal may collect fees to cover	22176
the costs of performing inspections and other duties that the fire	22177
marshal is authorized or required by law to perform. Except as	22178
provided in division (B) of this section, all fees collected by	22179
the fire marshal shall be deposited to the credit of the fire	22180
marshal's fund.	22181

(B)(1) All of the following shall be credited to the	22182
underground storage tank administration fund, which is hereby	22183
created in the state treasury:	22184

~~(1)~~(a) Fees collected under sections 3737.88 and 3737.881 of	22185
the Revised Code for operation of the underground storage tank and	22186
underground storage tank installer certification programs;	22187

~~(2)~~(b) Moneys recovered under section 3737.89 of the Revised	22188
Code for the state's costs of undertaking corrective or	22189
enforcement actions under that section or section 3737.882 of the	22190
Revised Code;	22191

~~(3)~~(c) Fines and penalties collected under section 3737.882	22192
of the Revised Code;	22193

~~(4) Amounts repaid for underground storage tank revolving~~	22194
~~loans under section 3737.883~~and other moneys, including	22195
corrective action enforcement case settlements or bankruptcy case	22196
awards or settlements, received by the fire marshal under sections	22197
3737.88 to 3737.89 of the Revised Code.	22198

~~(C)~~(2) All interest earned on moneys credited to the	22199
underground storage tank administration fund shall be credited to	22200
the fund. Moneys credited to the underground storage tank	22201
administration fund shall be used by the fire marshal for	22202
implementation and enforcement of underground storage tank,	22203
corrective action, and installer certification programs under	22204
sections 3737.88 to 3737.89 of the Revised Code. ~~Only moneys~~	22205
~~described in divisions (B)(3) and (4) of this section may be used~~	22206
~~by the fire marshal to make underground storage tank revolving~~	22207
~~loans under section 3737.883 of the Revised Code, and no other~~	22208
~~moneys may be used to make those loans.~~	22209

~~(D)~~(C) There is hereby created in the state treasury the	22210
underground storage tank revolving loan fund. The fund shall	22211
consist of amounts repaid for underground storage tank revolving	22212
loans under section 3737.883 of the Revised Code and moneys	22213
described in division (B)(1)(c) of this section that are allocated	22214
to the fund in accordance with division (D)(1) of this section.	22215
Moneys in the fund shall be used by the fire marshal to make	22216
underground storage tank revolving loans under section 3737.883 of	22217
the Revised Code.	22218

(D)(1) If the director of commerce determines that the cash	22219
balance in the underground storage tank administration fund is in	22220
excess of the amount needed for implementation and enforcement of	22221
the underground storage tank, corrective action, and installer	22222
certification programs under sections 3737.88 to 3737.89 of the	22223
Revised Code, the director may certify the excess amount to the	22224
director of budget and management. Upon certification, the	22225
director of budget and management may transfer from the	22226
underground storage tank administration fund to the underground	22227
storage tank revolving loan fund any amount up to, but not	22228
exceeding, the amount certified by the director of commerce,	22229
provided the amount transferred consists only of moneys described	22230
in division (B)(1)(c) of this section.	22231

(2) If the director of commerce determines that the cash	22232
balance in the underground storage tank administration fund is	22233
insufficient to implement and enforce the underground storage	22234
tank, corrective action, and installer certification programs	22235
under sections 3737.88 to 3737.89 of the Revised Code, the	22236
director may certify the amount needed to the director of budget	22237
and management. Upon certification, the director of budget and	22238
management may transfer from the underground storage tank	22239
revolving loan fund to the underground storage tank administration	22240
fund any amount up to, but not exceeding, the amount certified by	22241
the director of commerce.	22242

(E) The fire marshal shall take all actions necessary to	22243
obtain any federal funding available to carry out the fire	22244
marshal's responsibilities under sections 3737.88 to 3737.89 of	22245
the Revised Code and federal laws regarding the cleaning up of	22246
releases of petroleum, as "release" is defined in section 3737.87	22247
of the Revised Code, including, without limitation, any federal	22248
funds that are available to reimburse the state for the costs of	22249
undertaking corrective actions for such releases of petroleum. The	22250
state may, when appropriate, return to the United States any	22251
federal funds recovered under sections 3737.882 and 3737.89 of the	22252
Revised Code.	22253

Sec. 3745.70. As used in sections 3745.70 to 3745.73 of the	22254
Revised Code:	22255

(A) "Environmental audit" means a voluntary, thorough, and	22256
discrete self-evaluation of one or more activities at one or more	22257
facilities or properties that is documented; is designed to	22258
improve compliance, or identify, correct, or prevent	22259
noncompliance, with environmental laws; and is conducted by the	22260
owner or operator of a facility or property or the owner's or	22261
operator's employee or independent contractor. An environmental	22262
audit may be conducted by the owner or operator of a facility or	22263
property, the owner's or operator's employees, or independent	22264
contractors. Once initiated, an audit shall be completed within a	22265
reasonable time, not to exceed six months, unless a written	22266
request for an extension is approved by the head officer of the	22267
governmental agency, or division or office thereof, with	22268
jurisdiction over the activities being audited based on a showing	22269
of reasonable grounds. An audit shall not be considered to be	22270
initiated until the owner or operator or the owner's or operator's	22271
employee or independent contractor actively has begun the	22272
self-evaluation of environmental compliance.	22273

(B) "Activity" means any process, procedure, or function that	22274
is subject to environmental laws.	22275

(C) "Voluntary" means, with respect to an environmental audit	22276
of a particular activity, that both of the following apply when	22277
the audit of that activity commences:	22278

(1) The audit is not required by law, prior litigation, or an	22279
order by a court or a government agency;	22280

(2) The owner or operator who conducts the audit does not	22281
know or have reason to know that a government agency has commenced	22282
an investigation or enforcement action that concerns a violation	22283
of environmental laws involving the activity or that such an	22284
investigation or enforcement action is imminent.	22285

(D) "Environmental audit report" means interim or final data,	22286
documents, records, or plans that are necessary to an	22287
environmental audit and are collected, developed, made, and	22288
maintained in good faith as part of the audit, and may include,	22289
without limitation:	22290

(1) Analytical data, laboratory reports, field notes and	22291
records of observations, findings, opinions, suggestions,	22292
conclusions, drafts, memoranda, drawings, photographs,	22293
computer-generated or electronically recorded information, maps,	22294
charts, graphs, and surveys;	22295

(2) Reports that describe the scope, objectives, and methods	22296
of the environmental audit, audit management policies, the	22297
information gained by the environmental audit, and conclusions and	22298
recommendations together with exhibits and appendices;	22299

(3) Memoranda, documents, records, and plans analyzing the	22300
environmental audit report or discussing implementation,	22301
prevention, compliance, and remediation issues associated with the	22302
environmental audit.	22303

"Environmental audit report" does not mean corrective or	22304
remedial action taken pursuant to an environmental audit.	22305

(E) "Environmental laws" means sections 939.02, 1511.02, and	22306
1531.29, Chapters 3704., 3734., 3745., 3746., 3750., 3751., 3752.,	22307
6109., and 6111. of the Revised Code, and any other sections or	22308
chapters of the Revised Code the principal purpose of which is	22309
environmental protection; any federal or local counterparts or	22310
extensions of those sections or chapters; rules adopted under any	22311
such sections, chapters, counterparts, or extensions; and terms	22312
and conditions of orders, permits, licenses, license renewals,	22313
variances, exemptions, or plan approvals issued under such	22314
sections, chapters, counterparts, or extensions.	22315

Sec. 3750.13. (A)(1) Except as provided in division (A)(3)	22316
or (4) of this section, the owner or operator of a facility	22317
required to annually file an emergency and hazardous chemical	22318
inventory form under section 3750.08 of the Revised Code shall	22319
submit with the inventory form a filing fee of one hundred fifty	22320
dollars. In addition to the filing fee, the owner or operator	22321
shall submit with the inventory form the following additional fees	22322
for reporting inventories of the individual hazardous chemicals	22323
and extremely hazardous substances produced, used, or stored at	22324
the facility:	22325

(a) Except as provided in division (A)(1)(b) of this section,	22326
an additional fee of twenty dollars per hazardous chemical	22327
enumerated on the inventory form;	22328

(b) An additional fee of one hundred fifty dollars per	22329
extremely hazardous substance enumerated on the inventory form.	22330
The fee established in division (A)(1)(a) of this section does not	22331
apply to the reporting of the inventory of a hazardous chemical	22332
that is also an extremely hazardous substance to which the	22333
inventory reporting fee established in division (A)(1)(b) of this	22334
section applies.	22335

The total fees required to accompany any inventory form shall	22336
not exceed twenty-five hundred dollars.	22337

(2) An owner or operator of a facility who fails to submit	22338
such an inventory form within thirty days after the applicable	22339
filing date prescribed in section 3750.08 of the Revised Code	22340
shall submit with the inventory form a late filing fee in the	22341
amount of ten per cent per year of the total fees due under	22342
division (A)(1) or (4) of this section, in addition to the fees	22343
due under division (A)(1) or (4) of this section.	22344

(3) The owner or operator of a facility who, during the	22345
preceding year, was required to pay a fee to a municipal	22346
corporation pursuant to an ordinance, rule, or requirement that	22347
was in effect on the effective date of this section for the	22348
reporting or providing of the names or amounts of extremely	22349
hazardous substances or hazardous chemicals produced, used, or	22350
stored at the facility may claim a credit against the fees due	22351
under division (A)(1) or (4) of this section for the fees paid to	22352
the municipal corporation pursuant to its reporting requirement.	22353
The amount of the credit claimed in any reporting year shall not	22354
exceed the amount of the fees due under division (A)(1) or (4) of	22355
this section during that reporting year, and no unused portion of	22356
the credit shall be carried over to subsequent years. In order to	22357
claim a credit under this division, the owner or operator shall	22358
submit with the emergency and hazardous chemical inventory form a	22359
receipt issued by the municipal corporation or other documentation	22360
acceptable to the commission indicating the amount of the fee paid	22361
to the municipal corporation and the date on which the fee was	22362
paid.	22363

~~(4) An owner or operator who is regulated under Chapter 1509.~~	22364
~~of the Revised Code and who submits information under section~~	22365
~~1509.11 of the Revised Code for not more than twenty-five~~	22366
~~facilities shall submit to the emergency response commission on or~~	22367
~~before the first day of March a flat fee of fifty dollars if the~~	22368
~~facilities meet all of the following conditions:~~	22369

~~(a) The facility exclusively stores crude oil or liquid~~	22370
~~hydrocarbons or other fluids resulting, obtained, or produced in~~	22371
~~connection with the production or storage of crude oil or natural~~	22372
~~gas.~~	22373

~~(b) The crude oil, liquid hydrocarbons, or other fluids~~	22374
~~stored at the facility are conveyed directly to it through piping~~	22375
~~or tubing.~~	22376

~~(c) The facility is located on the same site as, or on a site~~	22377
~~adjacent to, the well from which the crude oil, liquid~~	22378
~~hydrocarbons, or other fluids are produced or obtained.~~	22379

~~(d) The facility is used for the storage of the crude oil,~~	22380
~~liquid hydrocarbons, or other fluids prior to their transportation~~	22381
~~off the premises of the facility for sale, use, or disposal.~~	22382

~~An owner or operator who submits information for more than~~	22383
~~twenty-five facilities that meet all of the conditions prescribed~~	22384
~~in divisions (A)(4)(a) to (d) of this section shall submit to the~~	22385
~~commission a base fee of fifty dollars and an additional filing~~	22386
~~fee of ten dollars for each facility reported in excess of~~	22387
~~twenty-five, but not exceeding a total fee of nine hundred~~	22388
~~dollars.~~	22389

~~As used in division (A)(4) of this section, "owner or~~	22390
~~operator" means the person who actually owns or operates any such~~	22391
~~facility and any other person who controls, is controlled by, or~~	22392
~~is under common control with the person who actually owns or~~	22393
~~operates the facility.~~	22394

(B) The emergency response commission and the local emergency	22395
planning committee of an emergency planning district may establish	22396
fees to be paid by persons, other than public officers or	22397
employees, obtaining copies of documents or information submitted	22398
to the commission or a committee under this chapter. The fees	22399
shall be established at a level calculated to defray the costs to	22400
the commission or committee for copying the documents or	22401
information, but shall not exceed the maximum fees established in	22402
rules adopted under division (B)(8) of section 3750.02 of the	22403
Revised Code.	22404

(C) Except as provided in this division and division (B) of	22405
this section, and except for fees authorized by section 3737.22 of	22406
the Revised Code or rules adopted under sections 3737.82 to	22407
3737.882 of the Revised Code and collected exclusively for either	22408
of those purposes, no committee or political subdivision shall	22409
levy any fee, tax, excise, or other charge to carry out the	22410
purposes of this chapter. A committee may charge the actual costs	22411
involved in accessing any computerized data base established by	22412
the commission under this chapter or by the United States	22413
environmental protection agency under the "Emergency Planning and	22414
Community Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A.	22415
11001.	22416

(D) Moneys collected by the commission under this section	22417
shall be credited to the emergency planning and community	22418
right-to-know fund created in section 3750.14 of the Revised Code.	22419

Sec. 3750.14. (A) There is hereby created in the state	22420
treasury the emergency planning and community right-to-know fund.	22421
Moneys received by the emergency response commission under section	22422
3750.13 of the Revised Code and civil penalties imposed under	22423
division (B) of section 3750.20 of the Revised Code shall be	22424
credited to the fund until an aggregate amount of five million	22425
dollars has been credited to it during a fiscal year. All moneys	22426
in excess of five million dollars so received during a fiscal year	22427
shall be credited to the emergency response and community	22428
right-to-know reserve fund created in section 3750.15 of the	22429
Revised Code.	22430

(B) The emergency response commission shall administer the	22431
emergency planning and community right-to-know fund. On or before	22432
the first day of May of each year, the commission shall allocate	22433
moneys in the fund for grants to each of the following entities or	22434
classes of entities in the percentages stated:	22435

(1) To the commission, not less than fifteen nor more than	22436
twenty-five per cent of the moneys in the fund;	22437

(2) To local emergency planning committees, not less than	22438
sixty-five nor more than seventy-five per cent of the moneys in	22439
the fund;	22440

(3) To fire departments, not less than five nor more than	22441
fifteen per cent of the moneys in the fund.	22442

Moneys credited to the fund under section 3750.13 of the	22443
Revised Code from the fees paid by the owner or operator of a	22444
facility who first submitted an emergency and hazardous chemical	22445
inventory form for the facility on or before the first day of	22446
March of the current year shall not be considered when making	22447
allocations under divisions (B)(1), (2), and (3) of this section,	22448
but shall be distributed pursuant to division (E) of this section.	22449
The allocated moneys shall be distributed at the start of each	22450
fiscal year. The commission's decisions on the distribution of	22451
moneys from the fund are not appealable.	22452

(C) From the moneys allocated under division (B)(1), (2), or	22453
(3) of this section, as appropriate, the commission shall make	22454
grants from the fund to the commission, local emergency planning	22455
committees, and fire departments for implementation and	22456
administration of this chapter and rules adopted under it,	22457
including, without limitation, the development and implementation	22458
of chemical emergency response and preparedness plans. The	22459
commission shall make grants under this division in accordance	22460
with rules adopted under division (B)(7) of section 3750.02 of the	22461
Revised Code. In making grants to committees and fire departments	22462
under this division, the commission shall consider the needs of	22463
the emergency planning district or fire department in terms of the	22464
minimum amount of money necessary for a committee to prepare or	22465
revise, exercise, and review its chemical emergency response and	22466
preparedness plan in terms of its minimum requirements for	22467
personnel and essential office equipment; the number of facilities	22468
in the district or under the jurisdiction of the fire department	22469
that are subject to section 3750.05 of the Revised Code; the	22470
amounts of extremely hazardous substances produced, used, or	22471
stored in the district or territory under the jurisdiction of the	22472
fire department; the amounts of hazardous materials transported in	22473
or through the district or territory under the jurisdiction of the	22474
fire department; and the population within the district or under	22475
the jurisdiction of the fire department that resides in close	22476
proximity to facilities that are subject to that section and to	22477
principal routes for the transportation of hazardous materials	22478
identified or listed by regulations adopted under the "Hazardous	22479
Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A.	22480
1801, as amended.	22481

Each application for a grant under this division shall be	22482
made in accordance with rules adopted under division (B)(7) of	22483
section 3750.02 of the Revised Code and shall demonstrate that the	22484
grant will enhance the ability of the recipient or, in the case of	22485
the commission, the state as a whole to prepare for and respond to	22486
releases of hazardous substances and extremely hazardous	22487
substances. A fire department shall apply for and receive a grant	22488
under this division only through the committee for the emergency	22489
planning district in which the fire department is located.	22490

(D)(1) Moneys received by the commission, committees, and	22491
fire departments under this section shall not be used to do any of	22492
the following:	22493

(a) Acquire first response equipment, except as otherwise	22494
provided in division (D)(4) of this section;	22495

(b) Defray costs for copying and mailing hazardous chemical	22496
lists, material safety data sheets, or emergency and hazardous	22497
chemical inventory forms submitted under this chapter for	22498
distribution to the public;	22499

(c) Reimburse any person for expenditures incurred for	22500
emergency response and cleanup of a release of oil, a hazardous	22501
substance, or an extremely hazardous substance;	22502

(d) Perform any assessment of damages to natural resources	22503
resulting from a release of oil, a hazardous substance, or an	22504
extremely hazardous substance.	22505

(2) The commission may use moneys in the fund to pay the	22506
costs incurred by other state agencies in implementing and	22507
administering the requirements of this chapter and rules adopted	22508
under it.	22509

(3) In making a grant under this section to the fire	22510
department of a municipal corporation that is collecting a fee	22511
pursuant to an ordinance, rule, or requirement for the reporting	22512
or providing of the names and amounts of extremely hazardous	22513
substances or hazardous chemicals produced, used, or stored at	22514
facilities in the municipal corporation that was in effect on the	22515
effective date of this section, the commission shall first	22516
determine the amount of the grant for which the fire department	22517
would otherwise be eligible under this section and shall subtract	22518
from that amount the total amount of the moneys collected by the	22519
municipal corporation during the preceding year pursuant to the	22520
reporting requirement, as certified to the commission in the grant	22521
application. If that calculation yields a positive remainder, the	22522
commission may make a grant to the fire department in that amount.	22523
Otherwise, the fire department is not eligible for a grant under	22524
this section for that year.	22525

(4) After a committee determines that the initial training	22526
needs for emergency management personnel within its emergency	22527
planning district set forth in the committee's plan or most recent	22528
review of its plan under section 3750.04 of the Revised Code have	22529
been met, a committee may make grants from the moneys it receives	22530
under this section to fire departments located within the district	22531
for the purchase of first response equipment.	22532

(5) During the first three fiscal years commencing after	22533
December 14, 1988, political subdivisions within an emergency	22534
planning district may apply to the committee of the district for	22535
reimbursement of moneys spent and in-kind contributions made by	22536
the political subdivision to the committee at any time prior to	22537
the committee's receipt of its first grant under this section for	22538
performance of the functions of a local emergency planning	22539
committee. The committee may make grants from the moneys it	22540
receives under this section during those fiscal years to reimburse	22541
any portion of the contributions made by a political subdivision	22542
to the committee to the extent that the committee considers that	22543
moneys are available for that purpose.	22544

(E) In the year in which the owner or operator of a facility	22545
who is subject to filing an emergency and hazardous chemical	22546
inventory form for the facility first files a form for the	22547
facility, the commission shall make a grant to the local emergency	22548
planning committee of the emergency planning district in which the	22549
facility is located for the total amount of the fees and any	22550
penalties collected under division (A)(1),or (2)~~, or (4)~~ of	22551
section 3750.13 of the Revised Code in that year in connection	22552
with the filing of the form for the facility. The amount of the	22553
grant provided under this division shall be in addition to any	22554
grant provided to the committee under division (C) of this section	22555
or division (B) of section 3750.15 of the Revised Code. The amount	22556
of a grant to be provided under this division shall not be	22557
considered in determining the committee's need for a grant under	22558
division (C) of this section or division (B) of section 3750.15 of	22559
the Revised Code or in determining the amount of any such grant.	22560
If a committee also will receive a grant under division (C) of	22561
this section, the grant provided under this division shall	22562
accompany that grant. If a committee will not receive a grant	22563
under division (C) of this section in a year in which the	22564
committee is to receive a grant under this division, the grant	22565
under this division shall be made to the committee at the time	22566
that the grants under division (C) of this section are	22567
distributed. Moneys received by a local committee under this	22568
division shall be used for the same purposes as the grants	22569
received under division (C) of this section.	22570

Sec. 3770.01. (A) There is hereby created the state lottery	22571
commission consisting of nine members appointed by the governor	22572
with the advice and consent of the senate. No more than five	22573
members of the commission shall be members of the same political	22574
party. Of the additional and new appointments made to the	22575
commission pursuant to the amendment of August 1, 1980, three	22576
shall be for terms ending August 1, 1981, three shall be for terms	22577
ending August 1, 1982, and three shall be for terms ending August	22578
1, 1983. Thereafter, terms of office shall be for three years,	22579
each term ending on the same day of the same month of the year as	22580
did the term which it succeeds.	22581

(B) Each member shall hold office from the date of	22582
appointment until the end of the term for which the member was	22583
appointed. Any member appointed to fill a vacancy occurring prior	22584
to the expiration of the term for which the member's predecessor	22585
was appointed shall hold office for the remainder of that term.	22586
Any member shall continue in office subsequent to the expiration	22587
date of the member's term until the member's successor takes	22588
office, or until a period of sixty days has elapsed, whichever	22589
occurs first.	22590

(C) All members of the commission shall be citizens of the	22591
United States and residents of this state. The members of the	22592
commission shall represent the various geographic regions of the	22593
state. No member of the commission shall have any pecuniary	22594
interest in any contract or license awarded by the commission. One	22595
person appointed as a member of the commission shall ~~represent an~~	22596
~~organization that deals with~~have experience or training in the	22597
area of problem gambling or other addictions and ~~assists~~in	22598
assistance to recovering gambling or other addicts. Each person	22599
appointed as a member of the commission, except the member	22600
appointed as a representative of an organization that deals with	22601
problem gambling and assists recovering gambling addicts, shall	22602
have prior experience or education in business administration,	22603
management, sales, marketing, or advertising.	22604

(D) The commission shall elect annually one of its members to	22605
serve as chairperson for a term of one year. Election as	22606
chairperson shall not extend a member's appointive term. Each	22607
member of the commission shall receive an annual salary of five	22608
thousand dollars, payable in monthly installments. Each member of	22609
the commission also shall receive the member's actual and	22610
necessary expenses incurred in the discharge of the member's	22611
official duties.	22612

(E) Each member of the commission, before entering upon the	22613
discharge of the member's official duties, shall give a bond,	22614
payable to the treasurer of state, in the sum of ten thousand	22615
dollars with sufficient sureties to be approved by the treasurer	22616
of state, which bond shall be filed with the secretary of state.	22617

(F) The governor may remove any member of the commission for	22618
malfeasance, misfeasance, or nonfeasance in office, giving the	22619
member a copy of the charges against the member and affording the	22620
member an opportunity to be publicly heard in person or by counsel	22621
in the member's own defense upon not less than ten days' notice.	22622
If the member is removed, the governor shall file in the office of	22623
the secretary of state a complete statement of all charges made	22624
against the member and the governor's finding on the charges,	22625
together with a complete report of the proceedings, and the	22626
governor's decision on the charges is final.	22627

(G) The commission shall maintain offices at locations in the	22628
state as it may consider necessary for the efficient performance	22629
of its functions. The director shall maintain an office in	22630
Columbus to coordinate the activities of the state lottery	22631
commission with other state departments.	22632

Sec. 3770.02. (A) Subject to the advice and consent of the	22633
senate, the governor shall appoint a director of the state lottery	22634
commission who shall serve at the pleasure of the governor. The	22635
director shall devote full time to the duties of the office and	22636
shall hold no other office or employment. The director shall meet	22637
all requirements for appointment as a member of the commission and	22638
shall, by experience and training, possess management skills that	22639
equip the director to administer an enterprise of the nature of a	22640
state lottery. The director shall receive an annual salary in	22641
accordance with pay range 48 of section 124.152 of the Revised	22642
Code.	22643

(B)(1) The director shall attend all meetings of the	22644
commission and shall act as its secretary. The director shall keep	22645
a record of all commission proceedings and shall keep the	22646
commission's records, files, and documents at the commission's	22647
principal office. All records of the commission's meetings shall	22648
be available for inspection by any member of the public, upon a	22649
showing of good cause and prior notification to the director.	22650

(2) The director shall be the commission's executive officer	22651
and shall be responsible for keeping all commission records and	22652
supervising and administering the state lottery in accordance with	22653
this chapter, and carrying out all commission rules adopted under	22654
section 3770.03 of the Revised Code.	22655

(C)(1) The director shall appoint an assistant director,	22656
deputy directors of marketing, operations, sales, finance, public	22657
relations, security, and administration, and as many regional	22658
managers as are required. The director may also appoint necessary	22659
professional, technical, and clerical assistants. All such	22660
officers and employees shall be appointed and compensated pursuant	22661
to Chapter 124. of the Revised Code. Regional and assistant	22662
regional managers, sales representatives, and any lottery	22663
executive account representatives shall remain in the unclassified	22664
service.	22665

(2) The director, in consultation with the director of	22666
administrative services, may establish standards of proficiency	22667
and productivity for commission field representatives.	22668

(D) The director shall request the bureau of criminal	22669
identification and investigation, the department of public safety,	22670
or any other state, local, or federal agency to supply the	22671
director with the criminal records of any job applicant and may	22672
periodically request the criminal records of commission employees.	22673
At or prior to the time of making such a request, the director	22674
shall require a job applicant or commission employee to obtain	22675
fingerprint cards prescribed by the superintendent of the bureau	22676
of criminal identification and investigation at a qualified law	22677
enforcement agency, and the director shall cause these fingerprint	22678
cards to be forwarded to the bureau of criminal identification and	22679
investigation and the federal bureau of investigation. The	22680
commission shall assume the cost of obtaining the fingerprint	22681
cards and shall pay to each agency supplying criminal records for	22682
each investigation under this division a reasonable fee, as	22683
determined by the agency.	22684

(E) The director shall license lottery sales agents pursuant	22685
to section 3770.05 of the Revised Code and, when it is considered	22686
necessary, may revoke or suspend the license of any lottery sales	22687
agent. The director may license video lottery technology	22688
providers, independent testing laboratories, and gaming employees,	22689
and promulgate rules relating thereto. When the director considers	22690
it necessary, the director may suspend or revoke the license of a	22691
video lottery technology provider, independent testing laboratory,	22692
or gaming employee, including suspension or revocation without	22693
affording an opportunity for a prior hearing under section 119.07	22694
of the Revised Code when the public safety, convenience, or trust	22695
requires immediate action.	22696

(F) The director shall confer at least once each month with	22697
the commission, at which time the director shall advise it	22698
regarding the operation and administration of the lottery. The	22699
director shall make available at the request of the commission all	22700
documents, files, and other records pertaining to the operation	22701
and administration of the lottery. The director shall prepare and	22702
make available to the commission each month a complete and	22703
accurate accounting of lottery revenues, prize money disbursements	22704
and the cost of goods and services awarded as prizes, operating	22705
expenses, and all other relevant financial information, including	22706
an accounting of all transfers made from any lottery funds in the	22707
custody of the treasurer of state to benefit education.	22708

(G) The director may enter into contracts for the operation	22709
or promotion of the lottery pursuant to Chapter 125. of the	22710
Revised Code.	22711

(H)(1) Pursuant to rules adopted by the commission under	22712
section 3770.03 of the Revised Code, the director shall require	22713
any lottery sales agents to deposit to the credit of the state	22714
lottery fund, in banking institutions designated by the treasurer	22715
of state, net proceeds due the commission as determined by the	22716
director.	22717

(2) Pursuant to rules adopted by the commission under Chapter	22718
119. of the Revised Code, the director may impose penalties for	22719
the failure of a sales agent to transfer funds to the commission	22720
in a timely manner. Penalties may include monetary penalties,	22721
immediate suspension or revocation of a license, or any other	22722
penalty the commission adopts by rule.	22723

(I) The director may arrange for any person, or any banking	22724
institution, to perform functions and services in connection with	22725
the operation of the lottery as the director may consider	22726
necessary to carry out this chapter.	22727

(J)(1) As used in this chapter, "statewide joint lottery	22728
game" means a lottery game that the commission sells solely within	22729
this state under an agreement with other lottery jurisdictions to	22730
sell the same lottery game solely within their statewide or other	22731
jurisdictional boundaries.	22732

(2) If the governor directs the director to do so, the	22733
director shall enter into an agreement with other lottery	22734
jurisdictions to conduct statewide joint lottery games. If the	22735
governor signs the agreement personally or by means of an	22736
authenticating officer pursuant to section 107.15 of the Revised	22737
Code, the director then may conduct statewide joint lottery games	22738
under the agreement. Before the governor directs the director to	22739
enter into an agreement, the commission may begin discussions and	22740
the planning process for a statewide joint lottery game, but the	22741
commission shall not enter into an agreement, submit rules to the	22742
commission members, or file the rules for the game under division	22743
(B) or (H) of section 119.03 of the Revised Code before the	22744
governor directs the director to enter into the agreement.	22745

(3) The entire net proceeds from any statewide joint lottery	22746
games shall be used to fund elementary, secondary, vocational, and	22747
special education programs in this state.	22748

(4) The commission shall conduct any statewide joint lottery	22749
games in accordance with rules it adopts under division (B)(5) of	22750
section 3770.03 of the Revised Code.	22751

(K)(1) The director shall enter into an agreement with the	22752
department of mental health and addiction services under which the	22753
department shall provide a program of gambling addiction services	22754
on behalf of the commission. The commission shall pay the costs of	22755
the program provided pursuant to the agreement.	22756

(2) As used in this section, "gambling addiction services"	22757
has the same meaning as in section 5119.01 of the Revised Code.	22758

Sec. 3770.05. (A) As used in this section, "person" means	22759
any person, association, corporation, partnership, club, trust,	22760
estate, society, receiver, trustee, person acting in a fiduciary	22761
or representative capacity, instrumentality of the state or any of	22762
its political subdivisions, or any other combination of	22763
individuals meeting the requirements set forth in this section or	22764
established by rule or order of the state lottery commission.	22765

(B) The director of the state lottery commission may license	22766
any person as a lottery sales agent. No license shall be issued to	22767
any person or group of persons to engage in the sale of lottery	22768
tickets as the person's or group's sole occupation or business.	22769

Before issuing any license to a lottery sales agent, the	22770
director shall consider all of the following:	22771

(1) The financial responsibility and security of the	22772
applicant and the applicant's business or activity;	22773

(2) The accessibility of the applicant's place of business or	22774
activity to the public;	22775

(3) The sufficiency of existing licensed agents to serve the	22776
public interest;	22777

(4) The volume of expected sales by the applicant;

22778

(5) Any other factors pertaining to the public interest,	22779
convenience, or trust.	22780

(C) Except as otherwise provided in division (F) of this	22781
section, the director of the state lottery commission shall refuse	22782
to grant, or shall suspend or revoke, a license if the applicant	22783
or licensee:	22784

(1) Has been convicted of a felony or has been convicted of a	22785
crime involving moral turpitude;	22786

(2) Has been convicted of an offense that involves illegal	22787
gambling;	22788

(3) Has been found guilty of fraud or misrepresentation in	22789
any connection;	22790

(4) Has been found to have violated any rule or order of the	22791
commission; or	22792

(5) Has been convicted of illegal trafficking in supplemental	22793
nutrition assistance program benefits.	22794

(D) Except as otherwise provided in division (F) of this	22795
section, the director of the state lottery commission shall refuse	22796
to grant, or shall suspend or revoke, a license if the applicant	22797
or licensee is a corporation and any of the following applies:	22798

(1) Any of the corporation's directors, officers, or	22799
controlling shareholders has been found guilty of any of the	22800
activities specified in divisions (C)(1) to (5) of this section;	22801

(2) It appears to the director of the state lottery	22802
commission that, due to the experience, character, or general	22803
fitness of any director, officer, or controlling shareholder of	22804
the corporation, the granting of a license as a lottery sales	22805
agent would be inconsistent with the public interest, convenience,	22806
or trust;	22807

(3) The corporation is not the owner or lessee of the	22808
business at which it would conduct a lottery sales agency pursuant	22809
to the license applied for;	22810

(4) Any person, firm, association, or corporation other than	22811
the applicant or licensee shares or will share in the profits of	22812
the applicant or licensee, other than receiving dividends or	22813
distributions as a shareholder, or participates or will	22814
participate in the management of the affairs of the applicant or	22815
licensee.	22816

(E)(1) The director of the state lottery commission shall	22817
refuse to grant a license to an applicant for a lottery sales	22818
agent license and shall revoke a lottery sales agent license if	22819
the applicant or licensee is or has been convicted of a violation	22820
of division (A) or (C)(1) of section 2913.46 of the Revised Code.	22821

(2) The director shall refuse to grant a license to an	22822
applicant for a lottery sales agent license that is a corporation	22823
and shall revoke the lottery sales agent license of a corporation	22824
if the corporation is or has been convicted of a violation of	22825
division (A) or (C)(1) of section 2913.46 of the Revised Code.	22826

(F) The director of the state lottery commission shall	22827
request the bureau of criminal identification and investigation,	22828
the department of public safety, or any other state, local, or	22829
federal agency to supply the director with the criminal records of	22830
any applicant for a lottery sales agent license, and may	22831
periodically request the criminal records of any person to whom a	22832
lottery sales agent license has been issued. At or prior to the	22833
time of making such a request, the director shall require an	22834
applicant or licensee to obtain fingerprint impressions on	22835
fingerprint cards prescribed by the superintendent of the bureau	22836
of criminal identification and investigation at a qualified law	22837
enforcement agency, and the director shall cause those fingerprint	22838
cards to be forwarded to the bureau of criminal identification and	22839
investigation, to the federal bureau of investigation, or to both	22840
bureaus. The commission shall assume the cost of obtaining the	22841
fingerprint cards.	22842

The director shall pay to each agency supplying criminal	22843
records for each investigation a reasonable fee, as determined by	22844
the agency.	22845

The commission may adopt uniform rules specifying time	22846
periods after which the persons described in divisions (C)(1) to	22847
(5) and (D)(1) to (4) of this section may be issued a license and	22848
establishing requirements for those persons to seek a court order	22849
to have records sealed in accordance with law.	22850

(G)(1) Each applicant for a lottery sales agent license shall	22851
do both of the following:	22852

(a) Pay fees to the state lottery commission, if required by	22853
rule adopted by the director under Chapter 119. of the Revised	22854
Code ~~and the controlling board approves the fees~~;	22855

(b) Prior to approval of the application, obtain a surety	22856
bond in an amount the director determines by rule adopted under	22857
Chapter 119. of the Revised Code or, alternatively, with the	22858
director's approval, deposit the same amount into a dedicated	22859
account for the benefit of the state lottery. The director also	22860
may approve the obtaining of a surety bond to cover part of the	22861
amount required, together with a dedicated account deposit to	22862
cover the remainder of the amount required. The director also may	22863
establish an alternative program or policy, with the approval of	22864
the commission by rule adopted under Chapter 119. of the Revised	22865
Code, that otherwise ensures the lottery's financial interests are	22866
adequately protected. If such an alternative program or policy is	22867
established, an applicant or lottery sales agent, subject to the	22868
director's approval, may be permitted to participate in the	22869
program or proceed under that policy in lieu of providing a surety	22870
bond or dedicated amount.	22871

A surety bond may be with any company that complies with the	22872
bonding and surety laws of this state and the requirements	22873
established by rules of the commission pursuant to this chapter. A	22874
dedicated account deposit shall be conducted in accordance with	22875
policies and procedures the director establishes.	22876

A surety bond, dedicated account, other established program	22877
or policy, or any combination of these resources, as applicable,	22878
may be used to pay for the lottery sales agent's failure to make	22879
prompt and accurate payments for lottery ticket sales, for missing	22880
or stolen lottery tickets, for damage to equipment or materials	22881
issued to the lottery sales agent, or to pay for expenses the	22882
commission incurs in connection with the lottery sales agent's	22883
license.	22884

(2) A lottery sales agent license is effective for at least	22885
one year, but not more than three years.	22886

A licensed lottery sales agent, on or before the date	22887
established by the director, shall renew the agent's license and	22888
provide at that time evidence to the director that the surety	22889
bond, dedicated account deposit, or both, required under division	22890
(G)(1)(b) of this section has been renewed or is active, whichever	22891
applies.	22892

Before the commission renews a lottery sales agent license,	22893
the lottery sales agent shall submit a renewal fee to the	22894
commission, if one is required by rule adopted by the director	22895
under Chapter 119. of the Revised Code ~~and the controlling board~~	22896
~~approves the renewal fee~~. The renewal fee shall not exceed the	22897
actual cost of administering the license renewal and processing	22898
changes reflected in the renewal application. The renewal of the	22899
license is effective for at least one year, but not more than	22900
three years.	22901

(3) A lottery sales agent license shall be complete,	22902
accurate, and current at all times during the term of the license.	22903
Any changes to an original license application or a renewal	22904
application may subject the applicant or lottery sales agent, as	22905
applicable, to paying an administrative fee that shall be in an	22906
amount that the director determines by rule adopted under Chapter	22907
119. of the Revised Code, ~~that the controlling board approves,~~ and	22908
that shall not exceed the actual cost of administering and	22909
processing the changes to an application.	22910

(4) The relationship between the commission and a lottery	22911
sales agent is one of trust. A lottery sales agent collects funds	22912
on behalf of the commission through the sale of lottery tickets	22913
for which the agent receives a compensation.	22914

(H) Pending a final resolution of any question arising under	22915
this section, the director of the state lottery commission may	22916
issue a temporary lottery sales agent license, subject to the	22917
terms and conditions the director considers appropriate.	22918

(I) If a lottery sales agent's rental payments for the	22919
lottery sales agent's premises are determined, in whole or in	22920
part, by the amount of retail sales the lottery sales agent makes,	22921
and if the rental agreement does not expressly provide that the	22922
amount of those retail sales includes the amounts the lottery	22923
sales agent receives from lottery ticket sales, only the amounts	22924
the lottery sales agent receives as compensation from the state	22925
lottery commission for selling lottery tickets shall be considered	22926
to be amounts the lottery sales agent receives from the retail	22927
sales the lottery sales agent makes, for the purpose of computing	22928
the lottery sales agent's rental payments.	22929

Sec. 3772.01. As used in this chapter:

22930

(A) "Applicant" means any person who applies to the	22931
commission for a license under this chapter.	22932

(B) "Casino control commission fund" means the casino control	22933
commission fund described in Section 6(C)(3)(d) of Article XV,	22934
Ohio Constitution, the money in which shall be used to fund the	22935
commission and its related affairs.	22936

(C) "Casino facility" means a casino facility as defined in	22937
Section 6(C)(9) of Article XV, Ohio Constitution.	22938

(D) "Casino game" means any slot machine or table game as	22939
defined in this chapter.	22940

(E) "Casino gaming" means any type of slot machine or table	22941
game wagering, using money, casino credit, or any representative	22942
of value, authorized in any of the states of Indiana, Michigan,	22943
Pennsylvania, and West Virginia as of January 1, 2009, and	22944
includes slot machine and table game wagering subsequently	22945
authorized by, but shall not be limited by, subsequent	22946
restrictions placed on such wagering in such states. "Casino	22947
gaming" does not include bingo, as authorized in Section 6 of	22948
Article XV, Ohio Constitution and conducted as of January 1, 2009,	22949
or horse racing where the pari-mutuel system of wagering is	22950
conducted, as authorized under the laws of this state as of	22951
January 1, 2009.	22952

(F) "Casino gaming employee" means any employee of a casino	22953
operator or management company, but not a key employee, and as	22954
further defined in section 3772.131 of the Revised Code.	22955

(G) "Casino operator" means any person, trust, corporation,	22956
partnership, limited partnership, association, limited liability	22957
company, or other business enterprise that directly or indirectly	22958
holds an ownership or leasehold interest in a casino facility.	22959
"Casino operator" does not include an agency of the state, any	22960
political subdivision of the state, any person, trust,	22961
corporation, partnership, limited partnership, association,	22962
limited liability company, or other business enterprise that may	22963
have an interest in a casino facility, but who is legally or	22964
contractually restricted from conducting casino gaming.	22965

(H) "Central system" means a computer system that provides	22966
the following functions related to casino gaming equipment used in	22967
connection with casino gaming authorized under this chapter or	22968
skill-based amusement machine equipment used in accordance with	22969
this chapter and Chapter 2915. of the Revised Code: security,	22970
auditing, data and information retrieval, and other purposes	22971
deemed necessary and authorized by the commission.	22972

(I) "Cheat" means to alter the result of a casino game, the	22973
element of chance, the operation of a machine used in a casino	22974
game, or the method of selection of criteria that determines (a)	22975
the result of the casino game, (b) the amount or frequency of	22976
payment in a casino game, (c) the value of a wagering instrument,	22977
or (d) the value of a wagering credit. "Cheat" does not include an	22978
individual who, without the assistance of another individual or	22979
without the use of a physical aid or device of any kind, uses the	22980
individual's own ability to keep track of the value of cards	22981
played and uses predictions formed as a result of the tracking	22982
information in the individual's playing and betting strategy.	22983

(J) "Commission" means the Ohio casino control commission.

22984

(K) "Gaming agent" means a peace officer employed by the	22985
commission that is vested with duties to enforce this chapter and	22986
conduct other investigations into the conduct of the casino gaming	22987
and the maintenance of the equipment that the commission considers	22988
necessary and proper and is in compliance with section 109.77 of	22989
the Revised Code.	22990

(L) "Gaming-related vendor" means any individual,	22991
partnership, corporation, association, trust, or any other group	22992
of individuals, however organized, who supplies gaming-related	22993
equipment, goods, or services to a casino operator or management	22994
company, that are directly related to or affect casino gaming	22995
authorized under this chapter, including, but not limited to, the	22996
manufacture, sale, distribution, or repair of slot machines and	22997
table game equipment, or who supplies skill-based amusement	22998
machine equipment, goods, or services to a skill-based amusement	22999
machine operator.	23000

(M) "Holding company" means any corporation, firm,	23001
partnership, limited partnership, limited liability company,	23002
trust, or other form of business organization not a natural person	23003
which directly or indirectly does any of the following:	23004

(1) Has the power or right to control a casino operator,	23005
management company, skill-based amusement machine operator, or	23006
gaming-related vendor license applicant or licensee;	23007

(2) Holds an ownership interest of five per cent or more, as	23008
determined by the commission, in a casino operator, management	23009
company, skill-based amusement machine operator, or gaming-related	23010
vendor license applicant or licensee;	23011

(3) Holds voting rights with the power to vote five per cent	23012
or more of the outstanding voting rights of a casino operator,	23013
management company, skill-based amusement machine operator, or	23014
gaming-related vendor applicant or licensee.	23015

(N) "Initial investment" includes costs related to	23016
demolition, engineering, architecture, design, site preparation,	23017
construction, infrastructure improvements, land acquisition,	23018
fixtures and equipment, insurance related to construction, and	23019
leasehold improvements.	23020

(O) "Institutional investor" means any of the following	23021
entities owning five per cent or more, but less than fifteen per	23022
cent, of an ownership interest in a casino facility, casino	23023
operator, management company, skill-based amusement machine	23024
operator, gaming-related vendor, or holding company: a	23025
corporation, bank, insurance company, pension fund or pension fund	23026
trust, retirement fund, including funds administered by a public	23027
agency, employees' profit-sharing fund or employees'	23028
profit-sharing trust, any association engaged, as a substantial	23029
part of its business or operations, in purchasing or holding	23030
securities, including a hedge fund, mutual fund, or private equity	23031
fund, or any trust in respect of which a bank is trustee or	23032
cotrustee, investment company registered under the "Investment	23033
Company Act of 1940," 15 U.S.C. 80a-1 et seq., collective	23034
investment trust organized by banks under Part Nine of the Rules	23035
of the Comptroller of the Currency, closed-end investment trust,	23036
chartered or licensed life insurance company or property and	23037
casualty insurance company, investment advisor registered under	23038
the "Investment Advisors Act of 1940," 15 U.S.C. 80 b-1 et seq.,	23039
and such other persons as the commission may reasonably determine	23040
to qualify as an institutional investor for reasons consistent	23041
with this chapter, and that does not exercise control over the	23042
affairs of a licensee and its ownership interest in a licensee is	23043
for investment purposes only, as set forth in division (E) of	23044
section 3772.10 of the Revised Code.	23045

(P) "Key employee" means any executive, employee, or agent	23046
who has the power to exercise significant influence over decisions	23047
concerning any part of the operation of a casino operator or,	23048
management company ~~licensee having the power to exercise~~	23049
~~significant influence over decisions concerning any part of the~~	23050
~~operation of such licensee~~, skill-based amusement machine	23051
operator, holding company, or gaming-related vendor, including:	23052

(1) An officer, director, trustee, or partner of a person	23053
that has applied for or holds a casino operator, management	23054
company, skill-based amusement machine operator, or gaming-related	23055
vendor license or of a holding company that has control of a	23056
person that has applied for or holds a casino operator, management	23057
company, skill-based amusement machine operator, or gaming-related	23058
vendor license;	23059

(2) A person that holds a direct or indirect ownership	23060
interest of more than one per cent in a person that has applied	23061
for or holds a casino operator, management company, skill-based	23062
amusement machine operator, or gaming-related vendor license or	23063
holding company that has control of a person that has applied for	23064
or holds a casino operator, management company, skill-based	23065
amusement machine operator, or gaming-related vendor license;	23066

(3) A managerial employee who performs the function of	23067
principal executive officer, principal operating officer,	23068
principal accounting officer, or an equivalent officer or other	23069
person the commission determines has the power to exercise	23070
significant influence over decisions concerning any part of the	23071
operation of a person that has applied for or holds a casino	23072
operator, management company, skill-based amusement machine	23073
operator, or gaming-related vendor license in Ohio, or a	23074
~~managerial employee~~ of a holding company that has control of a	23075
person that has applied for or holds ~~a casino operator or~~	23076
~~gaming-related vendor license in Ohio, who performs the function~~	23077
~~of principal executive officer, principal operating officer,~~	23078
~~principal accounting officer, or an equivalent officer or other~~	23079
~~person the commission determines to have the power to exercise~~	23080
~~significant influence over decisions concerning any part of the~~	23081
~~operation of~~ such ~~licensee~~a license.	23082

The commission shall determine whether an individual whose	23083
duties or status varies from those described in this division also	23084
is considered a key employee.	23085

(Q) "Licensed casino operator" means a casino operator that	23086
has been issued a license by the commission and that has been	23087
certified annually by the commission to have paid all applicable	23088
fees, taxes, and debts to the state.	23089

(R) "Majority ownership interest" in a license or in a casino	23090
facility, as the case may be, means ownership of more than fifty	23091
per cent of such license or casino facility, as the case may be.	23092
For purposes of the foregoing, whether a majority ownership	23093
interest is held in a license or in a casino facility, as the case	23094
may be, shall be determined under the rules for constructive	23095
ownership of stock provided in Treas. Reg. 1.409A-3(i)(5)(iii) as	23096
in effect on January 1, 2009.	23097

(S) "Management company" means an organization retained by a	23098
casino operator to manage a casino facility and provide services	23099
such as accounting, general administration, maintenance,	23100
recruitment, and other operational services.	23101

(T) "Ohio law enforcement training fund" means the state law	23102
enforcement training fund described in Section 6(C)(3)(f) of	23103
Article XV, Ohio Constitution, the money in which shall be used to	23104
enhance public safety by providing additional training	23105
opportunities to the law enforcement community.	23106

(U) "Person" includes, but is not limited to, an individual	23107
or a combination of individuals; a sole proprietorship, a firm, a	23108
company, a joint venture, a partnership of any type, a joint-stock	23109
company, a corporation of any type, a corporate subsidiary of any	23110
type, a limited liability company, a business trust, or any other	23111
business entity or organization; an assignee; a receiver; a	23112
trustee in bankruptcy; an unincorporated association, club,	23113
society, or other unincorporated entity or organization; entities	23114
that are disregarded for federal income tax purposes; and any	23115
other nongovernmental, artificial, legal entity that is capable of	23116
engaging in business.	23117

(V) "Problem casino gambling and addictions fund" means the	23118
state problem gambling and addictions fund described in Section	23119
6(C)(3)(g) of Article XV, Ohio Constitution, the money in which	23120
shall be used for treatment of problem gambling and substance	23121
abuse, and for related research.	23122

(W) "Promotional gaming credit" means a slot machine or table	23123
game credit, discount, or other similar item issued to a patron to	23124
enable the placement of, or increase in, a wager at a slot machine	23125
or table game.	23126

(X) "Skill-based amusement machine" has the same meaning as	23127
in section 2915.01 of the Revised Code.	23128

(Y) "Skill-based amusement machine operator" means a person	23129
that provides skill-based amusement machines to a player or	23130
participant.	23131

(Z) "Slot machine" means any mechanical, electrical, or other	23132
device or machine which, upon insertion of a coin, token, ticket,	23133
or similar object, or upon payment of any consideration, is	23134
available to play or operate, the play or operation of which,	23135
whether by reason of the skill of the operator or application of	23136
the element of chance, or both, makes individual prize	23137
determinations for individual participants in cash, premiums,	23138
merchandise, tokens, or any thing of value, whether the payoff is	23139
made automatically from the machine or in any other manner, but	23140
does not include any device that is a skill-based amusement	23141
machine, as defined in section 2915.01 of the Revised Code.	23142

~~(Y)~~(AA) "Table game" means any game played with cards, dice,	23143
or any mechanical, electromechanical, or electronic device or	23144
machine for money, casino credit, or any representative of value.	23145
"Table game" does not include slot machines.	23146

~~(Z)~~(BB) "Upfront license" means the first plenary license	23147
issued to a casino operator.	23148

~~(AA)~~(CC) "Voluntary exclusion program" means a program	23149
provided by the commission that allows persons to voluntarily	23150
exclude themselves from the gaming areas of facilities under the	23151
jurisdiction of the commission by placing their name on a	23152
voluntary exclusion list and following the procedures set forth by	23153
the commission.	23154

Sec. 3772.02. (A) There is hereby created the Ohio casino	23155
control commission described in Section 6(C)(1) of Article XV,	23156
Ohio Constitution.	23157

(B) The commission shall consist of seven members appointed	23158
within one month of ~~the effective date of this section~~September	23159
10, 2010, by the governor with the advice and consent of the	23160
senate. The governor shall forward all appointments to the senate	23161
within twenty-four hours.	23162

(1) Each commission member is eligible for reappointment at	23163
the discretion of the governor. No commission member shall be	23164
appointed for more than three terms in total.	23165

(2) Each commission member shall be a resident of Ohio.

23166

(3) At least one commission member shall be experienced in	23167
law enforcement and criminal investigation.	23168

(4) At least one commission member shall be a certified	23169
public accountant experienced in accounting and auditing.	23170

(5) At least one commission member shall be an attorney	23171
admitted to the practice of law in Ohio.	23172

(6) At least one commission member shall be a resident of a	23173
county where one of the casino facilities is located.	23174

(7) Not more than four commission members shall be of the	23175
same political party.	23176

(8) No commission member shall have any affiliation with an	23177
Ohio casino operator or facility.	23178

(C) Commission members shall serve four-year terms, except	23179
that when the governor makes initial appointments to the	23180
commission under this chapter, the governor shall appoint three	23181
members to serve four-year terms with not more than two such	23182
members from the same political party, two members to serve	23183
three-year terms with such members not being from the same	23184
political party, and two members to serve two-year terms with such	23185
members not being from the same political party.	23186

(D) Each commission member shall hold office from the date of	23187
appointment until the end of the term for which the member was	23188
appointed. Any member appointed to fill a vacancy occurring before	23189
the expiration of the term for which the member's predecessor was	23190
appointed shall hold office for the remainder of the unexpired	23191
term. Any member shall continue in office after the expiration	23192
date of the member's term until the member's successor takes	23193
office, or until a period of sixty days has elapsed, whichever	23194
occurs first. A vacancy in the commission membership shall be	23195
filled in the same manner as the original appointment.	23196

(E) The governor shall select one member to serve as	23197
chairperson and the commission members shall select one member	23198
from a different party than the chairperson to serve as	23199
vice-chairperson. The governor may remove and replace the	23200
chairperson at any time. No such member shall serve as chairperson	23201
for more than six successive years. The vice-chairperson shall	23202
assume the duties of the chairperson in the absence of the	23203
chairperson. The chairperson and vice-chairperson shall perform	23204
but shall not be limited to additional duties as are prescribed by	23205
commission rule.	23206

(F) A commission member is not required to devote the	23207
member's full time to membership on the commission. Each member of	23208
the commission shall receive compensation of ~~sixty~~thirty thousand	23209
dollars per year, payable in monthly installments ~~for the first~~	23210
~~four years of the commission's existence~~. Each member shall	23211
receive the member's actual and necessary expenses incurred in the	23212
discharge of the member's official duties.	23213

(G) The governor shall not appoint an individual to the	23214
commission, and an individual shall not serve on the commission,	23215
if the individual has been convicted of or pleaded guilty or no	23216
contest to a disqualifying offense as defined in section 3772.07	23217
of the Revised Code. Members coming under indictment or bill of	23218
information of a disqualifying offense shall resign from the	23219
commission immediately upon indictment.	23220

(H) At least five commission members shall be present for the	23221
commission to meet. The concurrence of four members is necessary	23222
for the commission to take any action. All members shall vote on	23223
the adoption of rules, and the approval of, and the suspension or	23224
revocation of, the licenses of casino operators or management	23225
companies, unless a member has a written leave of absence filed	23226
with and approved by the chairperson.	23227

(I) A commission member may be removed or suspended from	23228
office in accordance with section 3.04 of the Revised Code.	23229

(J) Each commission member, before entering upon the	23230
discharge of the member's official duties, shall make an oath to	23231
uphold the Ohio Constitution and laws of the state of Ohio and	23232
shall give a bond, payable by the commission, to the treasurer of	23233
state, in the sum of ten thousand dollars with sufficient sureties	23234
to be approved by the treasurer of state, which bond shall be	23235
filed with the secretary of state.	23236

(K) The commission shall hold one regular meeting each month	23237
and shall convene other meetings at the request of the chairperson	23238
or a majority of the members. A member who fails to attend at	23239
least three-fifths of the regular and special meetings of the	23240
commission during any two-year period forfeits membership on the	23241
commission. All meetings of the commission shall be open meetings	23242
under section 121.22 of the Revised Code except as otherwise	23243
allowed by law.	23244

Sec. 3772.03. (A) To ensure the integrity of casino gaming	23245
and skill-based amusement machines, the commission shall have	23246
authority to complete the functions of licensing, regulating,	23247
investigating, and penalizing casino operators, management	23248
companies, holding companies, key employees, casino gaming	23249
employees, skill-based amusement machine operators, and	23250
gaming-related vendors. The commission also shall have	23251
jurisdiction over all persons participating in casino gaming	23252
authorized by Section 6(C) of Article XV, Ohio Constitution, and	23253
this chapter and in skill-based amusement machine operations	23254
authorized by this chapter and Chapter 2915. of the Revised Code.	23255

(B) All rules adopted by the commission under this chapter	23256
shall be adopted under procedures established in Chapter 119. of	23257
the Revised Code. The commission may contract for the services of	23258
experts and consultants to assist the commission in carrying out	23259
its duties under this section.	23260

(C) ~~Within six months of September 10, 2010, the~~The	23261
commission shall adopt ~~initial~~ rules as are necessary for	23262
completing the functions stated in division (A) of this section	23263
and for addressing the subjects enumerated in division (D) of this	23264
section.	23265

(D) The commission shall adopt, and as advisable and	23266
necessary shall amend or repeal, rules that include all of the	23267
following:	23268

(1) The prevention of practices detrimental to the public	23269
interest;	23270

(2) Prescribing the method of applying, and the form of	23271
application, that an applicant for a license under this chapter	23272
must follow as otherwise described in this chapter;	23273

(3) Prescribing the information to be furnished by an	23274
applicant or licensee as described in ~~section 3772.11 of the~~	23275
~~Revised Code~~this chapter;	23276

(4) Describing the certification standards and duties of an	23277
independent testing laboratory certified under section 3772.31 of	23278
the Revised Code and the relationship between the commission, the	23279
laboratory, the gaming-related vendor, and the casino operator,	23280
management company, or skill-based amusement machine operator;	23281

(5) The minimum amount of insurance that must be maintained	23282
by a casino operator, management company, skill-based amusement	23283
machine operator, holding company, or gaming-related vendor;	23284

(6) The approval process for a significant change in	23285
ownership or transfer of control of a licensee as provided in	23286
section 3772.091 of the Revised Code;	23287

(7) The design of casino gaming and skill-based amusement	23288
machine supplies, devices, and equipment to be distributed by	23289
gaming-related vendors;	23290

(8) Identifying the casino gaming that is permitted,	23291
identifying the casino gaming and skill-based amusement machine	23292
supplies, devices, and equipment, that are permitted, defining the	23293
area in which the permitted casino gaming may be conducted, and	23294
specifying the method of operation according to which the	23295
permitted casino gaming is to be conducted as provided in section	23296
3772.20 of the Revised Code, and requiring casino gaming and	23297
skill-based amusement machine devices and equipment to meet the	23298
standards of this state;	23299

(9) Tournament play in any casino facility;

23300

(10) Establishing and implementing a voluntary exclusion	23301
program that provides all of the following:	23302

(a) Except as provided by commission rule, a person who	23303
participates in the program shall agree to refrain from entering a	23304
casino facility.	23305

(b) The name of a person participating in the program shall	23306
be included on a list of persons excluded from all casino	23307
facilities.	23308

(c) Except as provided by commission rule, no person who	23309
participates in the program shall petition the commission for	23310
admittance into a casino facility.	23311

(d) The list of persons participating in the program and the	23312
personal information of those persons shall be confidential and	23313
shall only be disseminated by the commission to a casino operator	23314
and the agents and employees of the casino operator for purposes	23315
of enforcement and to other entities, upon request of the	23316
participant and agreement by the commission.	23317

(e) A casino operator shall make all reasonable attempts as	23318
determined by the commission to cease all direct marketing efforts	23319
to a person participating in the program.	23320

(f) A casino operator shall not cash the check of a person	23321
participating in the program or extend credit to the person in any	23322
manner. However, the program shall not exclude a casino operator	23323
from seeking the payment of a debt accrued by a person before	23324
participating in the program.	23325

(g) Any and all locations at which a person may register as a	23326
participant in the program shall be published.	23327

(h) A person who enters a casino facility while participating	23328
in the program shall surrender any money or thing of value that	23329
the person has converted or attempted to convert into a wagering	23330
instrument, including, but not limited to, chips, tokens, prizes,	23331
jackpots, non-complimentary pay vouchers, cash, cash equivalents,	23332
electronic credits, and vouchers representing electronic credits,	23333
to the commission for deposit in the problem casino gambling and	23334
addictions fund.	23335

(11) Requiring the commission to adopt standards regarding	23336
the marketing materials of a licensed casino operator and	23337
skill-based amusement machine operator, including allowing the	23338
commission to prohibit marketing materials that are contrary to	23339
the adopted standards;	23340

(12) Requiring that the records, including financial	23341
statements, of any casino operator, management company,	23342
skill-based amusement machine operator, holding company, and	23343
gaming-related vendor be maintained in the manner prescribed by	23344
the commission and made available for inspection upon demand by	23345
the commission, but shall be subject to section 3772.16 of the	23346
Revised Code;	23347

(13) Permitting a licensed casino operator, management	23348
company, skill-based amusement machine operator, key employee, or	23349
casino gaming employee to question a person suspected of violating	23350
this chapter;	23351

(14) The chips, tokens, tickets, electronic cards, or similar	23352
objects that may be purchased by means of an agreement under which	23353
credit is extended to a wagerer by a casino operator;	23354

(15) Establishing standards for provisional key employee	23355
licenses for a person who is required to be licensed as a key	23356
employee and is in exigent circumstances and standards for	23357
provisional licenses for casino gaming employees who submit	23358
complete applications and are compliant under an instant	23359
background check. A provisional license shall be valid not longer	23360
than three months. A provisional license may be renewed one time,	23361
at the commission's discretion, for an additional three months. In	23362
establishing standards with regard to instant background checks	23363
the commission shall take notice of criminal records checks as	23364
they are conducted under section 311.41 of the Revised Code using	23365
electronic fingerprint reading devices.	23366

(16) Establishing approval procedures for third-party	23367
engineering or accounting firms, as described in section 3772.09	23368
of the Revised Code;	23369

(17) Prescribing the manner in which winnings, compensation	23370
from casino gaming, and gross revenue must be computed and	23371
reported by a licensee as described in Chapter 5753. of the	23372
Revised Code and in which winnings or compensation from	23373
skill-based amusement machine operations must be computed and	23374
reported by a licensee under this chapter;	23375

(18) Prescribing conditions under which a licensee's license	23376
may be suspended or revoked as described in section 3772.04 of the	23377
Revised Code;	23378

(19) Prescribing the manner and procedure of all hearings to	23379
be conducted by the commission or by any hearing examiner;	23380

(20) Prescribing technical standards and requirements that	23381
are to be met by security and surveillance equipment that is used	23382
at and standards and requirements to be met by personnel who are	23383
employed at casino facilities, and standards and requirements for	23384
the provision of security at and surveillance of casino	23385
facilities;	23386

(21) Prescribing requirements for a casino operator to	23387
provide unarmed security services at a casino facility by licensed	23388
casino employees, and the training that shall be completed by	23389
these employees;	23390

(22) Prescribing standards according to which casino	23391
operators shall keep accounts and standards according to which	23392
casino accounts shall be audited, and establish means of assisting	23393
the tax commissioner in levying and collecting the gross casino	23394
revenue tax levied under section 5753.02 of the Revised Code, and	23395
standards according to which skill-based amusement machine	23396
operators shall keep accounts and standards according to which	23397
such accounts shall be audited;	23398

(23) Defining penalties for violation of commission rules and	23399
a process for imposing such penalties subject to the review of the	23400
joint committee on gaming and wagering;	23401

(24) Establishing standards for decertifying contractors that	23402
violate statutes or rules of this state or the federal government;	23403

(25) Establishing standards for the repair of casino gaming	23404
equipment and skill-based amusement machines;	23405

(26) Establishing procedures to ensure that casino operators,	23406
management companies, and holding companies are compliant with the	23407
compulsive and problem gambling plan submitted under section	23408
3772.18 of the Revised Code;	23409

(27) Prescribing, for institutional investors in or holding	23410
companies of a casino operator, management company, skill-based	23411
amusement machine operator, holding company, or gaming-related	23412
vendor that fall below the threshold needed to be considered an	23413
institutional investor or a holding company, standards regarding	23414
what any employees, members, or owners of those investors or	23415
holding companies may do and shall not do in relation to casino	23416
facilities and casino gaming or skill-based amusement machines in	23417
this state, which standards shall rationally relate to the need to	23418
proscribe conduct that is inconsistent with passive institutional	23419
investment status;	23420

(28) Providing for any other thing necessary and proper for	23421
successful and efficient regulation of casino gaming and	23422
skill-based amusement machines under this chapter.	23423

(E) The commission shall employ and assign gaming agents as	23424
necessary to assist the commission in carrying out the duties of	23425
this chapter and Chapter 2915. of the Revised Code. In order to	23426
maintain employment as a gaming agent, the gaming agent shall	23427
successfully complete all continuing training programs required by	23428
the commission and shall not have been convicted of or pleaded	23429
guilty or no contest to a disqualifying offense as defined in	23430
section 3772.07 of the Revised Code.	23431

(F) The commission, as a law enforcement agency, and its	23432
gaming agents, as law enforcement officers as defined in section	23433
2901.01 of the Revised Code, shall have authority with regard to	23434
the detection and investigation of, the seizure of evidence	23435
allegedly relating to, and the apprehension and arrest of persons	23436
allegedly committing ~~gaming~~violations of this chapter or gambling	23437
offenses as defined in section 2915.01 of the Revised Code or	23438
violating any other law of this state that may affect the	23439
integrity of casino gaming or the operation of skill-based	23440
amusement machines, and shall have access to casino facilities and	23441
skill-based amusement machine operators' facilities to carry out	23442
the requirements of this chapter.	23443

(G) The commission may eject or exclude or authorize the	23444
ejection or exclusion of and a gaming agent may eject a person	23445
from a casino facility for any of the following reasons:	23446

(1) The person's name is on the list of persons voluntarily	23447
excluding themselves from all casinos in a program established	23448
according to rules adopted by the commission;	23449

(2) The person violates or conspires to violate this chapter	23450
or a rule adopted thereunder; or	23451

(3) The commission determines that the person's conduct or	23452
reputation is such that the person's presence within a casino	23453
facility may call into question the honesty and integrity of the	23454
casino gaming operations or interfere with the orderly conduct of	23455
the casino gaming operations.	23456

(H) A person, other than a person participating in a	23457
voluntary exclusion program, may petition the commission for a	23458
public hearing on the person's ejection or exclusion under this	23459
chapter.	23460

(I) A casino operator or management company shall have the	23461
same authority to eject or exclude a person from the management	23462
company's casino facilities as authorized in division (G) of this	23463
section. The licensee shall immediately notify the commission of	23464
an ejection or exclusion.	23465

(J) The commission shall submit a written annual report with	23466
the governor, president and minority leader of the senate, speaker	23467
and minority leader of the house of representatives, and joint	23468
committee on gaming and wagering before the first day of September	23469
each year. The annual report shall include a statement describing	23470
the receipts and disbursements of the commission, relevant	23471
financial data regarding casino gaming, including gross revenues	23472
and disbursements made under this chapter, actions taken by the	23473
commission, an update on casino operators', management companies',	23474
and holding companies' compulsive and problem gambling plans and	23475
the voluntary exclusion program and list, and any additional	23476
information that the commission considers useful or that the	23477
governor, president or minority leader of the senate, speaker or	23478
minority leader of the house of representatives, or joint	23479
committee on gaming and wagering requests.	23480

(K) ~~Notwithstanding any law to the contrary, beginning on~~	23481
~~July 1, 2011, the~~The commission shall ~~assume~~have jurisdiction	23482
over and oversee the regulation of skill-based amusement machines	23483
as is provided in the law of this state.	23484

Sec. 3772.032. (A) The permanent joint committee on gaming	23485
and wagering is established. The committee consists of six	23486
members. The speaker of the house of representatives shall appoint	23487
to the committee three members of the house of representatives and	23488
the president of the senate shall appoint to the committee three	23489
members of the senate. Not more than two members appointed from	23490
each chamber may be members of the same political party. The	23491
chairperson shall be from the opposite house as the chairperson of	23492
the joint committee on agency rule review. If the chairperson is	23493
to be from the house of representatives, the speaker of the house	23494
of representatives shall designate a member as the chairperson and	23495
the president of the senate shall designate a member as the	23496
vice-chairperson. If the chairperson is to be from the senate, the	23497
president of the senate shall designate a member as the	23498
chairperson and the speaker of the house of representatives shall	23499
designate a member as the vice-chairperson.	23500

(B) The committee shall:

23501

(1) Review all constitutional amendments, laws, and rules	23502
governing the operation and administration of casino gaming and	23503
skill-based amusement machines and all authorized gaming and	23504
wagering activities and recommend to the general assembly and	23505
commission any changes it may find desirable with respect to the	23506
language, structure, and organization of those amendments, laws,	23507
or rules;	23508

(2) Make an annual report to the governor and to the general	23509
assembly with respect to the operation and administration of	23510
casino gaming and skill-based amusement machines;	23511

(3) Review all changes of fees and penalties as provided in	23512
this chapter and rules adopted thereunder; and	23513

(4) Study all proposed changes to the constitution and laws	23514
of this state and to the rules adopted by the commission governing	23515
the operation and administration of casino gaming and skill-based	23516
amusement machines, and report to the general assembly on their	23517
adequacy and desirability as a matter of public policy.	23518

(C) Any study, or any expense incurred, in furtherance of the	23519
committee's objectives shall be paid for from, or out of, the	23520
casino control commission fund or other appropriation provided by	23521
law. The members shall receive no additional compensation, but	23522
shall be reimbursed for actual and necessary expenses incurred in	23523
the performance of their official duties.	23524

Sec. 3772.033. In carrying out the responsibilities vested in	23525
the commission by this chapter, the commission may do all the	23526
following and may designate any such responsibilities to the	23527
executive director, to the commission's employees, or to the	23528
gaming agents:	23529

(A) Inspect and examine all premises where casino gaming is	23530
conducted, skill-based amusement machines are operated, or where	23531
casino gaming or skill-based amusement machine supplies, devices,	23532
or equipment are manufactured, sold, or distributed;	23533

(B) Inspect all casino gaming or skill-based amusement	23534
machine supplies, devices, and equipment in or about a casino	23535
facility or skill-based amusement machine operator facility;	23536

(C) Summarily impound and seize and remove from the casino	23537
facility or skill-based amusement machine operator facility	23538
premises casino gaming or skill-based amusement machine supplies,	23539
devices, and equipment for the purpose of examination and	23540
inspection;	23541

(D) Determine any facts, or any conditions, practices, or	23542
other matters, as the commission considers necessary or proper to	23543
aid in the enforcement of this chapter or of a rule adopted	23544
thereunder;	23545

(E) Audit casino gaming or skill-based amusement machine	23546
operations, including those that have ceased operation;	23547

(F) Investigate, for the purpose of prosecution, any	23548
suspected violation of this chapter or rules adopted thereunder or	23549
of Chapter 2915. of the Revised Code or any other law of this	23550
state that may affect the integrity of casino gaming or operation	23551
of skill-based amusement machines;	23552

(G) Investigate as appropriate to aid the commission and to	23553
seek the executive director's advice in adopting rules;	23554

(H) Secure information as is necessary to provide a basis for	23555
recommending legislation for the improvement of this chapter;	23556

(I) Make, execute, and otherwise effectuate all contracts and	23557
other agreements, including contracts for necessary purchases of	23558
goods and services. Except for any contract entered into with	23559
independent testing laboratories under section 3772.31 of the	23560
Revised Code, the commission shall ensure use of Ohio products or	23561
services in compliance with sections 125.09 and 125.11 of the	23562
Revised Code and all rules adopted thereunder.	23563

(J) Employ the services of persons the commission considers	23564
necessary for the purposes of consultation or investigation, and	23565
fix the salaries of, or contract for the services of, legal,	23566
accounting, technical, operational, and other personnel and	23567
consultants;	23568

(K) Secure, by agreement, information and services as the	23569
commission considers necessary from any state agency or other unit	23570
of state government;	23571

(L) Acquire furnishings, equipment, supplies, stationery,	23572
books, and all other things the commission considers necessary or	23573
desirable to successfully and efficiently carry out the	23574
commission's duties and functions; and	23575

(M) Perform all other things the commission considers	23576
necessary to effectuate the intents and purposes of this chapter	23577
and Chapter 2915. of the Revised Code. This section shall not	23578
prohibit the commission from imposing administrative discipline,	23579
including fines and suspension or revocation of licenses, on	23580
licensees under this chapter if the licensee is found to be in	23581
violation of the commission's rules.	23582

Sec. 3772.04. (A)(1) If the commission concludes that a	23583
license required by this chapter should be limited, conditioned,	23584
restricted, suspended, revoked, denied, or not renewed, the	23585
commission may, and if so requested by a licensee or applicant,	23586
shall, conduct a hearing in an adjudication under Chapter 119. of	23587
the Revised Code. After notice and opportunity for a hearing, the	23588
commission may limit, condition, restrict, suspend, revoke, deny,	23589
or not renew a license under rules adopted by the commission. The	23590
commission may reopen a licensing adjudication at any time.	23591

(2) The commission shall appoint a hearing examiner to	23592
conduct the hearing in the adjudication. A party to the	23593
adjudication may file written objections to the hearing examiner's	23594
report and recommendations not later than the thirtieth day after	23595
they are served upon the party or the party's attorney or other	23596
representative of record. The commission shall not take up the	23597
hearing examiner's report and recommendations earlier than the	23598
thirtieth day after the hearing examiner's report and	23599
recommendations were submitted to the commission.	23600

(3) If the commission finds that a person fails or has failed	23601
to meet any requirement under this chapter or a rule adopted	23602
thereunder or under Chapter 2915. of the Revised Code, or violates	23603
or has violated this chapter or a rule adopted thereunder or	23604
Chapter 2915. of the Revised Code or a rule adopted thereunder,	23605
the commission may issue an order:	23606

(a) Limiting, conditioning, restricting, suspending,	23607
revoking, denying, or not renewing, a license issued under this	23608
chapter;	23609

(b) Requiring a casino facility to exclude a licensee from	23610
the casino facility or requiring a casino facility not to pay to	23611
the licensee any remuneration for services or any share of	23612
profits, income, or accruals on the licensee's investment in the	23613
casino facility; or	23614

(c) Fining a licensee or other person according to the	23615
penalties adopted by the commission.	23616

(4) An order may be judicially reviewed under section 119.12	23617
of the Revised Code.	23618

(B) Without in any manner limiting the authority of the	23619
commission to impose the level and type of discipline the	23620
commission considers appropriate, the commission may take into	23621
consideration the following:	23622

(1) If the licensee knew or reasonably should have known that	23623
the action complained of was a violation of any law, rule, or	23624
condition on the licensee's license;	23625

(2) If the licensee has previously been disciplined by the	23626
commission;	23627

(3) If the licensee has previously been subject to discipline	23628
by the commission concerning the violation of any law, rule, or	23629
condition of the licensee's license;	23630

(4) If the licensee reasonably relied upon professional	23631
advice from a lawyer, doctor, accountant, or other recognized	23632
professional that was relevant to the action resulting in the	23633
violation;	23634

(5) If the licensee or the licensee's employer had a	23635
reasonably constituted and functioning compliance program;	23636

(6) If the imposition of a condition requiring the licensee	23637
to establish and implement a written self-enforcement and	23638
compliance program would assist in ensuring the licensee's future	23639
compliance with all statutes, rules, and conditions of the	23640
license;	23641

(7) If the licensee realized a pecuniary gain from the	23642
violation;	23643

(8) If the amount of any fine or other penalty imposed would	23644
result in disgorgement of any gains unlawfully realized by the	23645
licensee;	23646

(9) If the violation was caused by an officer or employee of	23647
the licensee, the level of authority of the individual who caused	23648
the violation;	23649

(10) If the individual who caused the violation acted within	23650
the scope of the individual's authority as granted by the	23651
licensee;	23652

(11) The adequacy of any training programs offered by the	23653
licensee or the licensee's employer that were relevant to the	23654
activity that resulted in the violation;	23655

(12) If the licensee's action substantially deviated from	23656
industry standards and customs;	23657

(13) The extent to which the licensee cooperated with the	23658
commission during the investigation of the violation;	23659

(14) If the licensee has initiated remedial measures to	23660
prevent similar violations;	23661

(15) The magnitude of penalties imposed on other licensees	23662
for similar violations;	23663

(16) The proportionality of the penalty in relation to the	23664
misconduct;	23665

(17) The extent to which the amount of any fine imposed would	23666
punish the licensee for the conduct and deter future violations;	23667

(18) Any mitigating factors offered by the licensee; and

23668

(19) Any other factors the commission considers relevant.

23669

(C) For the purpose of conducting any study or investigation,	23670
the commission may direct that public hearings be held at a time	23671
and place, prescribed by the commission, in accordance with	23672
section 121.22 of the Revised Code. The commission shall give	23673
notice of all public hearings in such manner as will give actual	23674
notice to all interested parties.	23675

(D)(1) For the purpose of conducting the hearing in an	23676
adjudication under division (A) of this section, or in the	23677
discharge of any duties imposed by this chapter, the commission	23678
may require that testimony be given under oath and administer such	23679
oath, issue subpoenas compelling the attendance of witnesses and	23680
the production of any papers, books, and accounts, directed to the	23681
sheriffs of the counties where such witnesses or papers, books,	23682
and accounts are found and cause the deposition of any witness.	23683
The subpoenas shall be served and returned in the same manner as	23684
subpoenas in criminal cases are served and returned. The fees of	23685
sheriffs shall be the same as those allowed by the court of common	23686
pleas in criminal cases.	23687

(2) In the event of the refusal of any person without good	23688
cause to comply with the terms of a subpoena issued by the	23689
commission or refusal to testify on matters about which the person	23690
may lawfully be questioned, the prosecuting attorney of the county	23691
in which such person resides, upon the petition of the commission,	23692
may bring a proceeding for contempt against such person in the	23693
court of common pleas of that county.	23694

(3) Witnesses shall be paid the fees and mileage provided for	23695
in section 119.094 of the Revised Code.	23696

(4) All fees and mileage expenses incurred at the request of	23697
a party shall be paid in advance by the party.	23698

(E) When conducting a public hearing, the commission shall	23699
not limit the number of speakers who may testify. However, the	23700
commission may set reasonable time limits on the length of an	23701
individual's testimony or the total amount of time allotted to	23702
proponents and opponents of an issue before the commission.	23703

(F) The commission may rely, in whole or in part, upon	23704
investigations, conclusions, or findings of other casino gaming	23705
commissions or other government regulatory bodies in connection	23706
with licensing, investigations, or other matters relating to an	23707
applicant or licensee under this chapter.	23708

(G) Notwithstanding anything to the contrary in this chapter,	23709
and except with respect to a casino operator, management company,	23710
or holding company of or affiliated with a casino facility, the	23711
executive director may issue an emergency order for the	23712
suspension, limitation, or conditioning of any license,	23713
registration, approval, or certificate issued, approved, granted,	23714
or otherwise authorized by the commission under Chapter 3772. of	23715
the Revised Code or the rules adopted thereunder, requiring the	23716
inclusion of persons on the commission's exclusion list provided	23717
for under section 3772.031 of the Revised Code and the rules	23718
adopted thereunder, and requiring a casino facility not to pay a	23719
licensee, registrant, or approved or certified person any	23720
remuneration for services or any share of profits, income, or	23721
accruals on that person's investment in the casino facility.	23722

(1) An emergency order may be issued when the executive	23723
director finds either of the following:	23724

(a) A licensee, registrant, or approved or certified person	23725
has been charged with a violation of any of the criminal laws of	23726
this state, another state, or the federal government;	23727

(b) Such an action is necessary to prevent a violation of	23728
this chapter or a rule adopted thereunder.	23729

(2) An emergency order issued under division (G) of this	23730
section shall state the reasons for the commission's action, cite	23731
the law or rule directly involved, and state that the party will	23732
be afforded a hearing if the party requests it within thirty days	23733
after the time of mailing or personal delivery of the order.	23734

(3)(a) Not later than the next business day after the	23735
issuance of the emergency order, the order shall be sent by	23736
registered or certified mail, return receipt requested, to the	23737
party at the party's last known mailing address appearing in the	23738
commission's records or personally delivered at any time to the	23739
party by an employee or agent of the commission.	23740

(b) A copy of the order shall be mailed to the attorney or	23741
other representative of record representing the party.	23742

(c) If the order sent by registered or certified mail is	23743
returned because the party fails to claim the order, the	23744
commission shall send the order by ordinary mail to the party at	23745
the party's last known address and shall obtain a certificate of	23746
mailing. Service by ordinary mail is complete when the certificate	23747
of mailing is obtained unless the order is returned showing	23748
failure of delivery.	23749

(d) If the order sent by registered, certified, or ordinary	23750
mail is returned for failure of delivery, the commission shall	23751
either make personal delivery of the order by an employee or agent	23752
of the commission or cause a summary of the substantive provisions	23753
of the order to be published once a week for three consecutive	23754
weeks in a newspaper of general circulation in the county where	23755
the last known address of the party is located.	23756

(i) Failure of delivery occurs only when a mailed order is	23757
returned by the postal authorities marked undeliverable, address	23758
or addressee unknown, or forwarding address unknown or expired.	23759

(ii) When service is completed by publication, a proof of	23760
publication affidavit, with the first publication of the summary	23761
set forth in the affidavit, shall be mailed by ordinary mail to	23762
the party at the party's last known address and the order shall be	23763
deemed received as of the date of the last publication.	23764

(e) Refusal of delivery of the order sent by mail or	23765
personally delivered to the party is not failure of delivery and	23766
service is deemed to be complete.	23767

(4) The emergency order shall be effective immediately upon	23768
service of the order on the party. The emergency order shall	23769
remain effective until further order of the executive director or	23770
the commission.	23771

(5) The commission may, and if so requested by the person	23772
affected by the emergency order shall, promptly conduct a hearing	23773
in an adjudication under Chapter 119. of the Revised Code.	23774

Sec. 3772.06. (A)(1) The commission shall appoint an	23775
executive director who shall serve at the pleasure of the	23776
commission. The executive director is in the unclassified service,	23777
shall devote full time to the duties of the office, and shall hold	23778
no other office or employment. The executive director shall, by	23779
experience and training, possess management skills that equip the	23780
executive director to administer an enterprise of the nature of	23781
the commission. The executive director shall not have a pecuniary	23782
interest in any business organization that holds a license under	23783
this chapter, or that does business with any person licensed under	23784
this chapter. A member of the general assembly, a person who holds	23785
an elective office, or an office holder of a political party is	23786
ineligible to be appointed executive director at the same time as	23787
being such a member or holding such an office. The executive	23788
director shall receive an annual salary in accordance with pay	23789
range 48 of section 124.152 of the Revised Code.	23790

(2) The executive director, before entering upon the	23791
discharge of the executive director's official duties, shall give,	23792
and thereafter shall maintain, bond in the amount of twenty-five	23793
thousand dollars, payable to the state, conditioned upon the	23794
executive director's faithful and proper performance of the	23795
executive director's official duties. The bond shall be issued by	23796
a surety authorized to do business in this state and shall be	23797
filed with the secretary of state. The bond may be an individual	23798
bond or a schedule or blanket bond.	23799

(B)(1) The executive director or a deputy designated in	23800
writing by the executive director shall attend all meetings of the	23801
commission and shall act as its secretary. The executive director	23802
shall keep a record of all commission proceedings and shall keep	23803
the commission's records, files, and documents at the commission's	23804
principal office.	23805

(2) The executive director shall be the chief executive	23806
officer and shall be responsible for keeping all commission	23807
records and supervising and administering casino gaming and	23808
skill-based amusement machines in accordance with this chapter and	23809
Chapter 2915. of the Revised Code, and enforcing all commission	23810
rules adopted under this chapter.	23811

(3) The executive director shall hire staff, including an	23812
assistant director or deputy directors, as necessary to assist the	23813
executive director in the executive director's duties under this	23814
chapter. In appointing employees, the executive director is	23815
subject to section 3772.061 of the Revised Code. The executive	23816
director may employ employees as necessary, unless the commission	23817
determines otherwise. Except as otherwise provided in this	23818
chapter, all costs of administration incurred by the executive	23819
director and the executive director's employees shall be paid out	23820
of the casino control commission fund.	23821

(C) A state agency or other unit of state government shall	23822
cooperate with the commission, and shall provide the commission	23823
with information and services the commission considers necessary	23824
to carry out the commission's duties and functions under this	23825
chapter.	23826

(D) The executive director shall confer at least once each	23827
month with the commission, at which time the executive director	23828
shall advise it regarding the operation and administration of the	23829
commission and casino gaming. The executive director shall make	23830
available at the request of the commission all documents, files,	23831
and other records pertaining to the operation and administration	23832
of the commission ~~and~~, casino gaming, and skill-based amusement	23833
machines. The executive director shall prepare and make available	23834
to the commission each month a complete and accurate accounting of	23835
gross casino gaming revenues, and all other relevant financial	23836
information, including an accounting of all transfers made from	23837
the casino control commission fund.	23838

Sec. 3772.07. The following appointing or licensing	23839
authorities shall obtain a criminal records check of the person	23840
who is to be appointed or licensed:	23841

(A) The governor, before appointing an individual as a member	23842
of the commission;	23843

(B) The commission, before appointing an individual as	23844
executive director or a gaming agent;	23845

(C) The commission, before issuing a license for a key	23846
employee or casino gaming employee, and before issuing a license	23847
for each investor, except an institutional investor, for a casino	23848
operator, management company, skill-based amusement machine	23849
operator, holding company, or gaming-related vendor;	23850

(D) The executive director, before appointing an individual	23851
as a professional, technical, or clerical employee of the	23852
commission.	23853

Thereafter, such an appointing or licensing authority shall	23854
obtain a criminal records check of the same individual at	23855
three-year intervals.	23856

The appointing or licensing authority shall make available to	23857
each person of whom a criminal records check is required a copy of	23858
the form and the standard fingerprint impression sheet prescribed	23859
under divisions (C)(1) and (2) of section 109.572 of the Revised	23860
Code. The person shall complete the form and impression sheet and	23861
return them as directed by the appointing or licensing authority.	23862
If a person fails to complete and return the form and impression	23863
sheet within a reasonable time, the person is ineligible to be	23864
appointed or licensed or to continue in the appointment or	23865
licensure.	23866

The appointing or licensing authority shall cause the	23867
completed form and impression sheet to be forwarded to the	23868
superintendent of the bureau of criminal identification and	23869
investigation. The appointing or licensing authority shall request	23870
the superintendent also to obtain information from the federal	23871
bureau of investigation, including fingerprint-based checks of the	23872
national crime information databases, and from other states and	23873
the federal government under the national crime prevention and	23874
privacy compact as part of the criminal records check.	23875

For all criminal records checks conducted under this section,	23876
the applicant for a casino operator, management company,	23877
skill-based amusement machine operator, holding company,	23878
gaming-related vendor, key employee, or casino gaming employee	23879
license shall pay the fee charged by the bureau of criminal	23880
identification and investigation or by a vendor approved by the	23881
bureau to conduct a criminal records check based on the	23882
applicant's fingerprints in accordance with division (A)(15) of	23883
section 109.572 of the Revised Code. If the applicant for a key	23884
employee or casino gaming employee license is applying at the	23885
request of a casino operator, management company, skill-based	23886
amusement machine operator, holding company, or gaming-related	23887
vendor, the casino operator, management company, skill-based	23888
amusement machine operator, holding company, or gaming-related	23889
vendor shall pay the fee charged for all criminal records checks	23890
conducted under this section.	23891

The appointing or licensing authority shall review the	23892
results of a criminal records check. An appointee for a commission	23893
member shall forward the results of the criminal records check to	23894
the president of the senate before the senate advises and consents	23895
to the appointment of the commission member. The appointing or	23896
licensing authority shall not appoint or license or retain the	23897
appointment or licensure of a person a criminal records check	23898
discloses has been convicted of or has pleaded guilty or no	23899
contest to a disqualifying offense. A "disqualifying offense"	23900
means any gambling offense, any theft offense, any offense having	23901
an element of fraud or misrepresentation, any offense having an	23902
element of moral turpitude, and any felony not otherwise included	23903
in the foregoing list~~, except as otherwise provided in section~~	23904
~~3772.10 of the Revised Code~~.	23905

The report of a criminal records check is not a public record	23906
that is open to public inspection and copying. The commission	23907
shall not make the report available to any person other than the	23908
person who was the subject of the criminal records check; an	23909
appointing or licensing authority; a member, the executive	23910
director, or an employee of the commission; or any court or	23911
agency, including a hearing examiner, in a judicial or	23912
administrative proceeding relating to the person's employment or	23913
application for a license under this chapter.	23914

Sec. 3772.10. (A) In determining whether to grant or maintain	23915
the privilege of a ~~casino operator, management company, holding~~	23916
~~company, key employee, casino gaming employee, or gaming-related~~	23917
~~vendor~~ license issued under this chapter, the ~~Ohio casino control~~	23918
commission shall consider all of the following, as applicable:	23919

(1) The reputation, experience, and financial integrity of	23920
the applicant, its holding company, if applicable, and any other	23921
person that directly or indirectly controls the applicant;	23922

(2) The financial ability of the applicant to purchase and	23923
maintain adequate liability and casualty insurance and to provide	23924
an adequate surety bond;	23925

(3) The past and present compliance of the applicant and its	23926
affiliates or affiliated companies with casino-related licensing	23927
requirements in this state or any other jurisdiction, including	23928
whether the applicant has a history of noncompliance with the	23929
casino licensing requirements of any jurisdiction;	23930

(4) If the applicant has been indicted, convicted, pleaded	23931
guilty or no contest, or forfeited bail concerning any criminal	23932
offense under the laws of any jurisdiction, either felony or	23933
misdemeanor, not including traffic violations;	23934

(5) If the applicant has filed, or had filed against it a	23935
proceeding for bankruptcy or has ever been involved in any formal	23936
process to adjust, defer, suspend, or otherwise work out the	23937
payment of any debt;	23938

(6) If the applicant has been served with a complaint or	23939
other notice filed with any public body regarding a payment of any	23940
tax required under federal, state, or local law that has been	23941
delinquent for one or more years;	23942

(7) If the applicant is or has been a defendant in litigation	23943
involving its business practices;	23944

(8) If awarding a license would undermine the public's	23945
confidence in the casino gaming industry in this state;	23946

(9) If the applicant meets other standards for the issuance	23947
of a license that the commission adopts by rule, which shall not	23948
be arbitrary, capricious, or contradictory to the expressed	23949
provisions of this chapter.	23950

(B) All applicants for a license under this chapter shall	23951
establish their suitability for a license by clear and convincing	23952
evidence. If the commission determines that a person is eligible	23953
under this chapter to be issued a license ~~as a casino operator,~~	23954
~~management company, holding company, key employee, casino gaming~~	23955
~~employee, or gaming-related vendor~~, the commission shall issue	23956
such license for not more than three years, as determined by	23957
commission rule, if all other requirements of this chapter have	23958
been satisfied.	23959

(C) The commission shall not issue a ~~casino operator,~~	23960
~~management company, holding company, key employee, casino gaming~~	23961
~~employee, or gaming-related vendor~~ license under this chapter to	23962
an applicant if:	23963

(1) The applicant has been convicted of a disqualifying	23964
offense, as defined in section 3772.07 of the Revised Code.	23965

(2) The applicant has submitted an application for license	23966
under this chapter that contains false information.	23967

(3) The applicant is a commission member.

23968

(4) The applicant owns an ownership interest that is unlawful	23969
under this chapter, unless waived by the commission.	23970

(5) The applicant violates specific rules adopted by the	23971
commission related to denial of licensure.	23972

(6) The applicant is a member of or employed by a gaming	23973
regulatory body of a governmental unit in this state, another	23974
state, or the federal government, or is employed by a governmental	23975
unit of this state. This division does not prohibit a casino	23976
operator from hiring special duty law enforcement officers if the	23977
officers are not specifically involved in gaming-related	23978
regulatory functions.	23979

(7) The commission otherwise determines the applicant is	23980
ineligible for the license.	23981

(D)(1) The commission shall investigate the qualifications of	23982
each applicant under this chapter before any license is issued and	23983
before any finding with regard to acts or transactions for which	23984
commission approval is required is made. The commission shall	23985
continue to observe the conduct of all licensees and all other	23986
persons having a material involvement directly or indirectly with	23987
a ~~casino operator, management company, or holding company~~licensee	23988
to ensure that licenses are not issued to or held by, or that	23989
there is not any material involvement with a ~~casino operator,~~	23990
~~management company, or holding company~~licensee by, an	23991
unqualified, disqualified, or unsuitable person or a person whose	23992
operations are conducted in an unsuitable manner or in unsuitable	23993
or prohibited places or locations.	23994

(2) The executive director may recommend to the commission	23995
that it deny any application, or limit, condition, or restrict, or	23996
suspend or revoke, any license or finding, or impose any fine upon	23997
any licensee or other person according to this chapter and the	23998
rules adopted thereunder.	23999

(3) A license issued under this chapter is a revocable	24000
privilege. No licensee has a vested right in or under any license	24001
issued under this chapter. The initial determination of the	24002
commission to deny, or to limit, condition, or restrict, a license	24003
may be appealed under section 2505.03 of the Revised Code.	24004

(E)(1) An institutional investor may be found to be suitable	24005
or qualified by the commission under this chapter and the rules	24006
adopted under this chapter. An institutional investor shall be	24007
presumed suitable or qualified upon submitting documentation	24008
sufficient to establish qualifications as an institutional	24009
investor and upon certifying all of the following:	24010

(a) The institutional investor owns, holds, or controls	24011
securities issued by a licensee or holding, intermediate, or	24012
parent company of a licensee or in the ordinary course of business	24013
for investment purposes only.	24014

(b) The institutional investor does not exercise influence	24015
over the affairs of the issuer of such securities nor over any	24016
licensed subsidiary of the issuer of such securities.	24017

(c) The institutional investor does not intend to exercise	24018
influence over the affairs of the issuer of such securities, nor	24019
over any licensed subsidiary of the issuer of such securities, in	24020
the future, and that it agrees to notify the commission in writing	24021
within thirty days if such intent changes.	24022

(2) The exercise of voting privileges with regard to	24023
securities shall not be deemed to constitute the exercise of	24024
influence over the affairs of a licensee.	24025

(3) The commission shall rescind the presumption of	24026
suitability for an institutional investor at any time if the	24027
institutional investor exercises or intends to exercise influence	24028
or control over the affairs of the licensee.	24029

(4) This division shall not be construed to preclude the	24030
commission from requesting information from or investigating the	24031
suitability or qualifications of an institutional investor if:	24032

(a) The commission becomes aware of facts or information that	24033
may result in the institutional investor being found unsuitable or	24034
disqualified; or	24035

(b) The commission has any other reason to seek information	24036
from the investor to determine whether it qualifies as an	24037
institutional investor.	24038

(5) If the commission finds an institutional investor to be	24039
unsuitable or unqualified, the commission shall so notify the	24040
investor and the casino operator, holding company, management	24041
company, skill-based amusement machine operator, or gaming-related	24042
vendor licensee in which the investor invested. The commission	24043
shall allow the investor and the licensee a reasonable amount of	24044
time, as specified by the commission on a case-by-case basis, to	24045
cure the conditions that caused the commission to find the	24046
investor unsuitable or unqualified. If during the specified period	24047
of time the investor or the licensee does not or cannot cure the	24048
conditions that caused the commission to find the investor	24049
unsuitable or unqualified, the commission may allow the investor	24050
or licensee more time to cure the conditions or the commission may	24051
begin proceedings to deny, suspend, or revoke the license of the	24052
casino operator, holding company, management company, skill-based	24053
amusement machine operator, or gaming-related vendor in which the	24054
investor invested or to deny any of the same the renewal of any	24055
such license.	24056

(6) A private licensee or holding company shall provide the	24057
same information to the commission as a public company would	24058
provide in a form 13d or form 13g filing to the securities and	24059
exchange commission.	24060

(F) Information provided on the application shall be used as	24061
a basis for a thorough background investigation of each applicant.	24062
A false or incomplete application is cause for denial of a license	24063
by the commission. All applicants and licensees shall consent to	24064
inspections, searches, and seizures and to the disclosure to the	24065
commission and its agents of confidential records, including tax	24066
records, held by any federal, state, or local agency, credit	24067
bureau, or financial institution and to provide handwriting	24068
exemplars, photographs, fingerprints, and information as	24069
authorized in this chapter and in rules adopted by the commission.	24070

(G) The commission shall provide a written statement to each	24071
applicant for a license under this chapter who is denied the	24072
license that describes the reason or reasons for which the	24073
applicant was denied the license.	24074

(H) Not later than January 31 in each calendar year, the	24075
commission shall provide to the general assembly and the governor	24076
a report that, for each type of license issued under this chapter,	24077
specifies the number of applications made in the preceding	24078
calendar year for each type of such license, the number of	24079
applications denied in the preceding calendar year for each type	24080
of such license, and the reasons for those denials. The	24081
information regarding the reasons for the denials shall specify	24082
each reason that resulted in, or that was a factor resulting in,	24083
denial for each type of license issued under this chapter and, for	24084
each of those reasons, the total number of denials for each such	24085
type that involved that reason.	24086

Sec. 3772.12. (A) A person may apply for a gaming-related	24087
vendor license. All applications shall be made under oath.	24088

(B) A person who holds a gaming-related vendor's license is	24089
authorized to sell or, lease, or otherwise provide, and to	24090
contract to sell or, lease, or otherwise provide, equipment,	24091
goods, and ~~supplies~~services to any licensee involved in the	24092
ownership or management of a casino facility or skill-based	24093
amusement machine operator facility.	24094

(C) ~~Gambling supplies and~~Casino gaming and skill-based	24095
amusement machine equipment and goods shall not be distributed in	24096
this state unless ~~supplies and~~the equipment and goods conform to	24097
standards adopted in rules adopted by the commission.	24098

Sec. 3772.121. (A) The commission may issue a gaming-related	24099
vendor's license under this chapter to an applicant who has:	24100

(1) Applied for the gaming-related vendor's license;

24101

(2) Paid a nonrefundable license fee as described in section	24102
3772.17 of the Revised Code, which shall cover all actual costs	24103
generated by each licensee and all background checks;	24104

(3) Submitted two sets of the applicant's fingerprints; and

24105

(4) Been determined by the commission as eligible for a	24106
gaming-related vendor's license.	24107

(B) A gaming-related vendor shall furnish to the commission a	24108
list of all equipment, ~~devices~~goods, and ~~supplies~~services	24109
offered for sale or, lease, or otherwise provided in connection	24110
with casino games authorized under this chapter or skill-based	24111
amusement machines authorized under this chapter and Chapter 2915.	24112
of the Revised Code.	24113

~~(C) A gaming-related vendor's equipment, devices, or supplies~~	24114
~~that are used by a person in an unauthorized casino gaming~~	24115
~~operation shall be forfeited to the state.~~	24116

Sec. 3772.14. (A) A person may apply for a skill-based	24117
amusement machine operator license. All applications shall be made	24118
under oath and be on a form prescribed by and contain all of the	24119
information required by the commission.	24120

(B) The commission may issue a skill-based amusement machine	24121
operator license under this chapter to an applicant who has done	24122
all of the following:	24123

(1) Applied for the skill-based amusement machine operator	24124
license;	24125

(2) Paid a nonrefundable license fee as described in section	24126
3772.17 of the Revised Code;	24127

(3) Submitted two sets of the applicant's fingerprints; and

24128

(4) Been determined by the commission to be eligible for a	24129
skill-based amusement machine operator license.	24130

(C) A person who holds a skill-based amusement machine	24131
operator license may offer skill-based amusement machines at a	24132
location approved by the commission and as authorized by this	24133
chapter and the rules adopted thereunder and by Chapter 2915. of	24134
the Revised Code and as approved by the commission.	24135

(D) A skill-based amusement machine operator shall only	24136
purchase, lease, or otherwise acquire or obtain skill-based	24137
amusement machine equipment, goods, and services from a	24138
gaming-related vendor licensed under this chapter.	24139

(E) Upon written request from and good cause shown, as	24140
determined by the commission, by a person that is required to	24141
apply for and obtain a skill-based amusement machine operator	24142
license under this chapter, the commission may grant a waiver or	24143
variance from one or more of the skill-based amusement machine	24144
operator licensure requirements.	24145

(1) A waiver or variance request submitted under this	24146
division shall contain all of the following:	24147

(a) The requestor's name, mailing address, telephone number,	24148
facsimile number, and electronic mail address, as available;	24149

(b) A contact person and that person's mailing address,	24150
telephone number, facsimile number, and electronic mail address,	24151
as available;	24152

(c) A detailed description of the specific requirement or	24153
requirements that the requestor is seeking to have waived or to	24154
vary from and the reason or reasons justifying the request;	24155

(d) The requestor's signature or the signature of a duly	24156
authorized agent, employee, or representative of the requestor;	24157
and	24158

(e) Any other information required by the commission.

24159

(2) The commission may consider any properly submitted waiver	24160
or variance request at a meeting held under section 3772.02 of the	24161
Revised Code or designate such responsibility to the commission	24162
chairperson or the executive director. If such a designation	24163
occurs, the commission chairperson or the executive director shall	24164
provide a written response to the requestor indicating whether the	24165
waiver or variance has been granted or denied.	24166

(3) The commission, or the commission chairperson or	24167
executive director, if designated, shall retain sole authority to	24168
grant or deny a waiver or variance request submitted under this	24169
division. The request may be denied for any reason except that no	24170
denial under this division shall be done in an arbitrary or	24171
capricious manner.	24172

(4) Denial of any waiver or variance request submitted under	24173
this division shall not require notice and an opportunity for	24174
hearing nor shall it be considered an adjudication or final	24175
appealable order for purposes of Chapter 119. or section 2505.03	24176
of the Revised Code.	24177

Sec. 3772.15. (A) Unless a license issued under this chapter	24178
is suspended, expires, or is revoked, the license shall be renewed	24179
for three years, as determined by commission rule, after a	24180
determination by the commission that the licensee is in compliance	24181
with this chapter and rules authorized by this chapter and after	24182
the licensee pays a fee. The commission may assess the license	24183
renewal applicant a reasonable fee in ~~the~~an amount set by rule	24184
that is necessary to cover the commission's costs associated with	24185
the review of the license renewal application.	24186

(B) A licensee shall undergo a complete investigation at	24187
least every three years, as determined by commission rule, to	24188
determine that the licensee remains in compliance with this	24189
chapter or Chapter 2915. of the Revised Code.	24190

(C) Notwithstanding division (B) of this section, the	24191
commission may investigate a licensee at any time the commission	24192
determines it is necessary to ensure that the licensee remains in	24193
compliance with this section.	24194

(D) The holder of a license shall bear the cost of an	24195
investigation, except key employees that are employed by a casino	24196
operator, management company, skill-based amusement machine	24197
operator, holding company, or gaming-related vendor and casino	24198
gaming employees who are employed by a casino operator or	24199
management company, in which case the ~~casino operator~~employer	24200
shall pay the investigation cost.	24201

Sec. 3772.17. (A) The upfront license fee to obtain a license	24202
as a casino operator shall be fifty million dollars per casino	24203
facility and shall be paid upon each casino operator's filing of	24204
its casino operator license application with the commission. The	24205
upfront license fee, once paid to the commission, shall be	24206
deposited into the economic development programs fund, which is	24207
created in the state treasury.	24208

(B) ~~New~~License and renewal license fees for a new casino	24209
operator, management company, and holding company ~~license and~~	24210
~~renewal license fees~~of or affiliated with a casino facility shall	24211
be set by rule, subject to the review of the joint committee on	24212
gaming and wagering. If an applicant for a license as a management	24213
company or holding company is related through a joint venture or	24214
controlled by or under common control with another applicant for a	24215
license as a casino operator, management company, or holding	24216
company for the same casino facility and the applicant for a	24217
license as a management company or holding company was reviewed	24218
for suitability as part of the investigation of the casino	24219
operator, only one license fee shall be assessed against both	24220
applicants for that casino facility.	24221

(C) The fee to obtain an application for a casino operator,	24222
management company, or holding company license shall be one	24223
million five hundred thousand dollars per application. The	24224
application fee for a casino operator, management company, or	24225
holding company license may be increased to the extent that the	24226
actual review and investigation costs relating to an applicant	24227
exceed the application fee set forth in this division. If an	24228
applicant for a license as a management company or holding company	24229
is related through a joint venture or controlled by or under	24230
common control with another applicant for a license as a casino	24231
operator, management company, or holding company for the same	24232
casino facility, with the exception of actual costs of the review	24233
and investigation of the additional applicant, only one	24234
application fee shall be required of such applicants for that	24235
casino facility. The application fee shall be deposited into the	24236
casino control commission fund. The application fee is	24237
nonrefundable.	24238

(D) The license fees for a skill-based amusement machine	24239
operator shall be set by rule, subject to review by the joint	24240
committee on gaming and wagering. Additionally, the commission may	24241
assess an applicant a reasonable fee in the amount necessary to	24242
process a skill-based amusement machine operator application.	24243

(E) The license fees for a gaming-related vendor shall be set	24244
by rule, subject to the review of the joint committee on gaming	24245
and wagering. Additionally, the commission may assess an applicant	24246
a reasonable fee in the amount necessary to process a	24247
gaming-related vendor license application.	24248

~~(E)~~(F) The license fees for a key employee shall be set by	24249
rule, subject to the review of the joint committee on gaming and	24250
wagering. Additionally, the commission may assess an applicant a	24251
reasonable fee in the amount necessary to process a key employee	24252
license application. If the license is being sought at the request	24253
of a casino operator, such fees shall be paid by the casino	24254
operator.	24255

~~(F)~~(G) The license fees for a casino gaming employee shall be	24256
set by rule, subject to the review of the joint committee on	24257
gaming and wagering. If the license is being sought at the request	24258
of a casino operator, the fee shall be paid by the casino	24259
operator.	24260

Sec. 3772.21. (A) Casino gaming or skill-based amusement	24261
machine equipment, goods, and ~~supplies customarily used in~~	24262
~~conducting casino gaming~~services shall only be purchased or,	24263
leased ~~only~~, or otherwise acquired or obtained from gaming-related	24264
vendors licensed under this chapter. A management company owning	24265
casino gaming devices, supplies, and equipment shall be licensed	24266
as a gaming-related vendor under this chapter.	24267

(B) A licensed gaming-related vendor shall provide only	24268
casino gaming and skill-based amusement machine equipment, goods,	24269
and services that have been approved by the commission.	24270

(C) Annually, a gaming-related vendor shall furnish to the	24271
commission a list of all equipment, devices, and supplies offered	24272
for sale or, lease, or are otherwise offered in connection with	24273
casino gaming authorized under this chapter and skill-based	24274
amusement machines authorized under this chapter and Chapter 2915.	24275
of the Revised Code.	24276

~~(C)~~(D) A gaming-related vendor shall keep books and records	24277
for the furnishing of equipment, devices, and supplies to casino	24278
gaming and skill-based amusement machine operations separate from	24279
books and records of any other business operated by the	24280
gaming-related vendor. A gaming-related vendor shall file a	24281
quarterly return with the commission listing all sales and leases.	24282
A gaming-related vendor shall permanently affix the gaming-related	24283
vendor's name to all of the gaming-related vendor's equipment,	24284
~~devices,~~ and ~~supplies for casino gaming operations~~goods.	24285

~~(D)~~(E) A gaming-related vendor's equipment~~, devices,~~ or	24286
~~supplies~~goods that are used by a person in an unauthorized casino	24287
gaming or skill-based amusement machine operation shall be	24288
forfeited to the commission.	24289

Sec. 3772.23. (A) All tokens, chips, or electronic cards that	24290
are used to make wagers shall be purchased from the casino	24291
operator or management company while at a casino facility that has	24292
been approved by the commission. Chips, tokens, tickets,	24293
electronic cards, or similar objects may be used while at the	24294
casino facility only for the purpose of making wagers on casino	24295
games.	24296

(B) Casino operators and management companies may provide	24297
promotional gaming credits to their patrons. Promotional gaming	24298
credits shall be subject to oversight by the commission.	24299

(C) Casino operators ~~and~~, management companies, and	24300
skill-based amusement machine operators shall not do any of the	24301
following:	24302

(1) Obtain a license to operate a check-cashing business	24303
under sections 1315.01 to 1315.30 of the Revised Code;	24304

(2) Obtain a license to provide loans under sections 1321.01	24305
to 1321.19 of the Revised Code;	24306

(3) Obtain a license to provide loans under sections 1321.35	24307
to 1321.48 of the Revised Code.	24308

Sec. 3772.31. (A) The commission, by and through the	24309
executive director of the commission and as required under section	24310
125.05 of the Revised Code, may enter into contracts necessary to	24311
ensure the proper operation and reporting of all casino gaming	24312
authorized under this chapter and all skill-based amusement	24313
machines authorized under this chapter and Chapter 2915. of the	24314
Revised Code. The commission shall not require use of a central	24315
system by a casino operator, management company, or skill-based	24316
amusement machine operator if the casino operator, management	24317
company, or skill-based amusement machine operator is in	24318
compliance with this chapter or Chapter 2915. of the Revised Code,	24319
as applicable. If the commission determines, after written notice	24320
to the casino operator, management company, or skill-based	24321
amusement machine operator and a hearing under section 3772.04 of	24322
the Revised Code, that a casino operator, management company, or	24323
skill-based amusement machine operator is not in compliance with	24324
this chapter or Chapter 2915. of the Revised Code, as applicable,	24325
the commission may determine it is necessary to require the casino	24326
operator, management company, or skill-based amusement machine	24327
operator to install and implement a central system under such	24328
conditions as the commission may require. Before any such hearing,	24329
the commission shall provide the ~~casino operator~~party with	24330
written notice that the ~~casino operator~~party is not in compliance	24331
with a specific requirement of this chapter or Chapter 2915. of	24332
the Revised Code, as applicable, describe the requirement, and	24333
provide the ~~casino operator~~party at least thirty days to cure the	24334
noncompliance or, if the cure cannot be reasonably rectified	24335
within thirty days, require the ~~casino operator~~party to	24336
demonstrate to the commission's satisfaction that the ~~casino~~	24337
~~operator~~party is diligently pursuing the required cure. The	24338
system shall be operated by or under the commission's control. If	24339
the commission determines that a central system is necessary and	24340
adopts rules authorizing a central system, casino operators or	24341
management companies shall be responsible for the costs of the	24342
central system as it relates to casino facilities and skill-based	24343
amusement machine operators shall be responsible for the costs of	24344
the central system as it relates to skill-based amusement	24345
machines.	24346

(B) The commission shall certify independent testing	24347
laboratories to scientifically test and technically evaluate all	24348
slot machines, mechanical, electromechanical, or electronic table	24349
games, slot accounting systems, and other electronic gaming	24350
equipment for compliance with this chapter and all skill-based	24351
amusement machines and related equipment and goods for compliance	24352
with this chapter and Chapter 2915. of the Revised Code. The	24353
certified independent testing laboratories shall be accredited by	24354
a national accreditation body. The commission shall certify an	24355
independent testing laboratory if it is competent and qualified to	24356
scientifically test and evaluate electronic gaming equipment for	24357
compliance with this chapter and Chapter 2915. of the Revised	24358
Code, as applicable, and to otherwise perform the functions	24359
assigned to an independent testing laboratory under this chapter.	24360
An independent testing laboratory shall not be owned or controlled	24361
by, or have any interest in, a gaming-related vendor ~~of electronic~~	24362
~~gaming equipment~~. The commission shall prepare a list of certified	24363
independent testing laboratories from which independent testing	24364
laboratories shall be chosen for all purposes under this chapter.	24365

Sec. 3772.99. (A) The commission shall levy and collect	24366
penalties for noncriminal violations of this chapter. Noncriminal	24367
violations include using the term "casino" in any advertisement in	24368
regard to a facility operating video lottery terminals, as defined	24369
in section 3770.21 of the Revised Code, in this state. Moneys	24370
collected from such penalty levies shall be credited to the	24371
general revenue fund.	24372

(B) If a ~~licensed casino operator, management company,~~	24373
~~holding company, gaming-related vendor, or key employee~~licensee	24374
violates this chapter or engages in a fraudulent act, the	24375
commission may suspend or revoke the license and may do either or	24376
both of the following:	24377

(1) Suspend, revoke, or restrict the casino gaming operations	24378
of a casino operator or management company or the skill-based	24379
amusement machine operations of a skill-based amusement machine	24380
operator;	24381

(2) Require the removal of a management company, key	24382
employee, or discontinuance of services from a gaming-related	24383
vendor.	24384

(C) The commission shall impose civil penalties against a	24385
person who violates this chapter under the penalties adopted by	24386
commission rule and reviewed by the joint committee on gaming and	24387
wagering.	24388

(D) A person who purposely or knowingly ~~or intentionally~~ does	24389
any of the following commits a misdemeanor of the first degree on	24390
the first offense and a felony of the fifth degree for a	24391
subsequent offense:	24392

(1) Makes a false statement on an application submitted under	24393
this chapter;	24394

(2) Permits a person less than twenty-one years of age to	24395
make a wager at a casino facility;	24396

(3) Aids, induces, or causes a person less than twenty-one	24397
years of age who is not an employee of the casino gaming operation	24398
to enter or attempt to enter a casino facility;	24399

(4) Enters or attempts to enter a casino facility while under	24400
twenty-one years of age, unless the person enters a designated	24401
area as described in section 3772.24 of the Revised Code;	24402

(5) Is a casino operator or employee and participates in	24403
casino gaming other than as part of operation or employment.	24404

(E) A person who purposely or knowingly ~~or intentionally~~ does	24405
any of the following commits a felony of the fifth degree on a	24406
first offense and a felony of the fourth degree for a subsequent	24407
offense. If the person is a licensee under this chapter, the	24408
commission shall revoke the person's license after the first	24409
offense.	24410

(1) Uses or possesses with the intent to use a device to	24411
assist in projecting the outcome of the casino game, keeping track	24412
of the cards played, analyzing the probability of the occurrence	24413
of an event relating to the casino game, or analyzing the strategy	24414
for playing or betting to be used in the casino game, except as	24415
permitted by the commission;	24416

(2) Cheats at a casino game;

24417

(3) Manufactures, sells, or distributes any cards, chips,	24418
dice, game, or device that is intended to be used to violate this	24419
chapter;	24420

(4) Alters or misrepresents the outcome of a casino game on	24421
which wagers have been made after the outcome is made sure but	24422
before the outcome is revealed to the players;	24423

(5) Places, increases, or decreases a wager on the outcome of	24424
a casino game after acquiring knowledge that is not available to	24425
all players and concerns the outcome of the casino game that is	24426
the subject of the wager;	24427

(6) Aids a person in acquiring the knowledge described in	24428
division (E)(5) of this section for the purpose of placing,	24429
increasing, or decreasing a wager contingent on the outcome of a	24430
casino game;	24431

(7) Claims, collects, takes, or attempts to claim, collect,	24432
or take money or anything of value in or from a casino game with	24433
the intent to defraud or without having made a wager contingent on	24434
winning a casino game;	24435

(8) Claims, collects, or takes an amount of money or thing of	24436
value of greater value than the amount won in a casino game;	24437

(9) Uses or possesses counterfeit chips, tokens, or cashless	24438
wagering instruments in or for use in a casino game;	24439

(10) Possesses a key or device designed for opening,	24440
entering, or affecting the operation of a casino game, skill-based	24441
amusement machine, drop box, or an electronic or a mechanical	24442
device connected with the casino game or skill-based amusement	24443
machine or removing coins, tokens, chips, or other contents of a	24444
casino game or skill-based amusement machine. This division does	24445
not apply to a casino operator, management company, skill-based	24446
amusement machine operator, or gaming-related vendor or their	24447
agents and employees in the course of agency or employment.	24448

(11) Possesses materials used to manufacture a device	24449
intended to be used in a manner that violates this chapter or	24450
Chapter 2915. of the Revised Code;	24451

(12) Operates a casino gaming operation in which wagering is	24452
conducted or is to be conducted in a manner other than the manner	24453
required under this chapter or a skill-based amusement machine	24454
operation in a manner other than the manner required under this	24455
chapter or Chapter 2915. of the Revised Code.	24456

(F) The possession of more than one of the devices described	24457
in division (E)(9), (10), or (11) of this section creates a	24458
rebuttable presumption that the possessor intended to use the	24459
devices for cheating.	24460

(G) A person who purposely or knowingly ~~or intentionally~~ does	24461
any of the following commits a felony of the third degree. If the	24462
person is a licensee under this chapter, the commission shall	24463
revoke the person's license after the first offense. A public	24464
servant or party official who is convicted under this division is	24465
forever disqualified from holding any public office, employment,	24466
or position of trust in this state.	24467

(1) Offers, promises, or gives anything of value or benefit	24468
to a person who is connected with the casino operator, management	24469
company, skill-based amusement machine operator, holding company,	24470
or gaming-related vendor, including their officers and employees,	24471
under an agreement to influence or with the intent to influence	24472
the actions of the person to whom the offer, promise, or gift was	24473
made in order to affect or attempt to affect the outcome of a	24474
casino game or skill-based amusement machine or an official action	24475
of a commission member, agent, or employee;	24476

(2) Solicits, accepts, or receives a promise of anything of	24477
value or benefit while the person is connected with a casino	24478
facility or skill-based amusement machine, including an officer or	24479
employee of a casino operator, management company, skill-based	24480
amusement machine operator, or gaming-related vendor, under an	24481
agreement to influence or with the intent to influence the actions	24482
of the person to affect or attempt to affect the outcome of a	24483
casino game or skill-based amusement machine or an official action	24484
of a commission member, agent, or employee;	24485

(H) A person who is convicted of a felony described in this	24486
chapter or Chapter 2915. of the Revised Code may be barred for	24487
life from entering a casino facility by the commission.	24488

Sec. 4121.129. (A) There is hereby created the workers'	24489
compensation audit committee consisting of at least three members.	24490
One member shall be the member of the bureau of workers'	24491
compensation board of directors who is a certified public	24492
accountant. The board, by majority vote, shall appoint two	24493
additional members of the board to serve on the audit committee	24494
and may appoint additional members who are not board members, as	24495
the board determines necessary. Members of the audit committee	24496
serve at the pleasure of the board, and the board, by majority	24497
vote, may remove any member except the member of the committee who	24498
is the certified public accountant member of the board. The board,	24499
by majority vote, shall determine how often the audit committee	24500
shall meet and report to the board. If the audit committee meets	24501
on the same day as the board holds a meeting, no member shall be	24502
compensated for more than one meeting held on that day. The audit	24503
committee shall do all of the following:	24504

(1) Recommend to the board an ~~accounting~~actuarial firm to	24505
perform the annual ~~audits~~analysis required under section 4123.47	24506
of the Revised Code;	24507

(2) Recommend an auditing firm for the board to use when	24508
conducting audits under section 4121.125 of the Revised Code;	24509

(3) Review the results of each annual audit and management	24510
review and, if any problems exist, assess the appropriate course	24511
of action to correct those problems and develop an action plan to	24512
correct those problems;	24513

(4) Monitor the implementation of any action plans created	24514
pursuant to division (A)(3) of this section;	24515

(5) Review all internal audit reports on a regular basis.

24516

(B) There is hereby created the workers' compensation	24517
actuarial committee consisting of at least three members. One	24518
member shall be the member of the board who is an actuary. The	24519
board, by majority vote, shall appoint two additional members of	24520
the board to serve on the actuarial committee and may appoint	24521
additional members who are not board members, as the board	24522
determines necessary. Members of the actuarial committee serve at	24523
the pleasure of the board and the board, by majority vote, may	24524
remove any member except the member of the committee who is the	24525
actuary member of the board. The board, by majority vote, shall	24526
determine how often the actuarial committee shall meet and report	24527
to the board. If the actuarial committee meets on the same day as	24528
the board holds a meeting, no member shall be compensated for more	24529
than one meeting held on that day. The actuarial committee shall	24530
do both of the following:	24531

(1) Recommend actuarial consultants for the board to use for	24532
the funds specified in this chapter and Chapters 4123., 4127., and	24533
4131. of the Revised Code;	24534

(2) Review calculations on rate schedules and performance	24535
prepared by the actuarial consultants with whom the board enters	24536
into a contract.	24537

(C)(1) There is hereby created the workers' compensation	24538
investment committee consisting of at least four members. Two of	24539
the members shall be the members of the board who serve as the	24540
investment and securities experts on the board. The board, by	24541
majority vote, shall appoint two additional members of the board	24542
to serve on the investment committee and may appoint additional	24543
members who are not board members. Each additional member the	24544
board appoints shall have at least one of the following	24545
qualifications:	24546

(a) Experience managing another state's pension funds or	24547
workers' compensation funds;	24548

(b) Expertise that the board determines is needed to make	24549
investment decisions.	24550

Members of the investment committee serve at the pleasure of	24551
the board and the board, by majority vote, may remove any member	24552
except the members of the committee who are the investment and	24553
securities expert members of the board. The board, by majority	24554
vote, shall determine how often the investment committee shall	24555
meet and report to the board. If the investment committee meets on	24556
the same day as the board holds a meeting, no member shall be	24557
compensated for more than one meeting held on that day.	24558

(2) The investment committee shall do all of the following:

24559

(a) Develop the investment policy for the administration of	24560
the investment program for the funds specified in this chapter and	24561
Chapters 4123., 4127., and 4131. of the Revised Code in accordance	24562
with the requirements specified in section 4123.442 of the Revised	24563
Code;	24564

(b) Submit the investment policy developed pursuant to	24565
division (C)(2)(a) of this section to the board for approval;	24566

(c) Monitor implementation by the administrator of workers'	24567
compensation and the bureau of workers' compensation chief	24568
investment officer of the investment policy approved by the board;	24569

(d) Recommend outside investment counsel with whom the board	24570
may contract to assist the investment committee in fulfilling its	24571
duties;	24572

(e) Review the performance of the bureau of workers'	24573
compensation chief investment officer and any investment	24574
consultants retained by the administrator to assure that the	24575
investments of the assets of the funds specified in this chapter	24576
and Chapters 4123., 4127., and 4131. of the Revised Code are made	24577
in accordance with the investment policy approved by the board and	24578
~~that the best possible return on~~to assure compliance with the	24579
investment ~~is achieved~~policy and effective management of the	24580
funds.	24581

Sec. 4121.443. (A) The bureau of workers' compensation may	24582
summarily suspend the certification of a provider to participate	24583
in the health partnership program created under sections 4121.44	24584
and 4121.441 of the Revised Code without a prior hearing if the	24585
bureau determines any of the following apply to the provider:	24586

(1) The professional license, certification, or registration	24587
held by the provider has been revoked or suspended.	24588

(2) The provider has been convicted of or has pleaded guilty	24589
to a violation of section 2913.48 or sections 2923.31 to 2923.36	24590
of the Revised Code or any other criminal offense related to the	24591
delivery of or billing for health care benefits.	24592

(3) The continued participation by the provider in the health	24593
partnership program presents a danger to the health and safety of	24594
claimants.	24595

(B) The bureau shall issue a written order of summary	24596
suspension by certified mail or in person in accordance with	24597
section 119.07 of the Revised Code. The order shall not be subject	24598
to suspension by the court during pendency of any appeal filed	24599
under section 119.12 of the Revised Code. If the provider subject	24600
to the summary suspension requests an adjudicatory hearing by the	24601
bureau, the date set for the hearing shall be not later than	24602
fifteen days, but not earlier than seven days, after the provider	24603
requests the hearing, unless otherwise agreed to by both the	24604
bureau and the provider.	24605

(C) Any summary suspension imposed under this section shall	24606
remain in effect, unless reversed on appeal, until a final	24607
adjudication order issued by the bureau pursuant to this section	24608
and Chapter 119. of the Revised Code takes effect. The bureau	24609
shall issue its final adjudication order within seventy-five days	24610
after completion of its hearing. A failure to issue the order	24611
within the seventy-five-day time period shall result in	24612
dissolution of the summary suspension order but shall not	24613
invalidate any subsequent, final adjudication order.	24614

Sec. 4121.447. Each contract the administrator of workers'	24615
compensation enters into with a managed care organization under	24616
division (B)(4) of section 4121.44 of the Revised Code shall	24617
require the managed care organization to enter into a data	24618
security agreement with the state board of pharmacy governing the	24619
managed care organization's use of the board's drug database	24620
established and maintained under section 4729.75 of the Revised	24621
Code.	24622

This section does not apply if the board does not establish	24623
or maintain the drug database.	24624

Sec. 4123.01. As used in this chapter:

24625

(A)(1) "Employee" means:

24626

(a) Every person in the service of the state, or of any	24627
county, municipal corporation, township, or school district	24628
therein, including regular members of lawfully constituted police	24629
and fire departments of municipal corporations and townships,	24630
whether paid or volunteer, and wherever serving within the state	24631
or on temporary assignment outside thereof, and executive officers	24632
of boards of education, under any appointment or contract of hire,	24633
express or implied, oral or written, including any elected	24634
official of the state, or of any county, municipal corporation, or	24635
township, or members of boards of education.	24636

As used in division (A)(1)(a) of this section, the term	24637
"employee" includes the following persons when responding to an	24638
inherently dangerous situation that calls for an immediate	24639
response on the part of the person, regardless of whether the	24640
person is within the limits of the jurisdiction of the person's	24641
regular employment or voluntary service when responding, on the	24642
condition that the person responds to the situation as the person	24643
otherwise would if the person were on duty in the person's	24644
jurisdiction:	24645

(i) Off-duty peace officers. As used in division (A)(1)(a)(i)	24646
of this section, "peace officer" has the same meaning as in	24647
section 2935.01 of the Revised Code.	24648

(ii) Off-duty firefighters, whether paid or volunteer, of a	24649
lawfully constituted fire department.	24650

(iii) Off-duty first responders, emergency medical	24651
technicians-basic, emergency medical technicians-intermediate, or	24652
emergency medical technicians-paramedic, whether paid or	24653
volunteer, of an ambulance service organization or emergency	24654
medical service organization pursuant to Chapter 4765. of the	24655
Revised Code.	24656

(b) Every person in the service of any person, firm, or	24657
private corporation, including any public service corporation,	24658
that (i) employs one or more persons regularly in the same	24659
business or in or about the same establishment under any contract	24660
of hire, express or implied, oral or written, including aliens and	24661
minors, household workers who earn one hundred sixty dollars or	24662
more in cash in any calendar quarter from a single household and	24663
casual workers who earn one hundred sixty dollars or more in cash	24664
in any calendar quarter from a single employer, or (ii) is bound	24665
by any such contract of hire or by any other written contract, to	24666
pay into the state insurance fund the premiums provided by this	24667
chapter.	24668

(c) Every person who performs labor or provides services	24669
pursuant to a construction contract, as defined in section 4123.79	24670
of the Revised Code, if at least ten of the following criteria	24671
apply:	24672

(i) The person is required to comply with instructions from	24673
the other contracting party regarding the manner or method of	24674
performing services;	24675

(ii) The person is required by the other contracting party to	24676
have particular training;	24677

(iii) The person's services are integrated into the regular	24678
functioning of the other contracting party;	24679

(iv) The person is required to perform the work personally;

24680

(v) The person is hired, supervised, or paid by the other	24681
contracting party;	24682

(vi) A continuing relationship exists between the person and	24683
the other contracting party that contemplates continuing or	24684
recurring work even if the work is not full time;	24685

(vii) The person's hours of work are established by the other	24686
contracting party;	24687

(viii) The person is required to devote full time to the	24688
business of the other contracting party;	24689

(ix) The person is required to perform the work on the	24690
premises of the other contracting party;	24691

(x) The person is required to follow the order of work set by	24692
the other contracting party;	24693

(xi) The person is required to make oral or written reports	24694
of progress to the other contracting party;	24695

(xii) The person is paid for services on a regular basis such	24696
as hourly, weekly, or monthly;	24697

(xiii) The person's expenses are paid for by the other	24698
contracting party;	24699

(xiv) The person's tools and materials are furnished by the	24700
other contracting party;	24701

(xv) The person is provided with the facilities used to	24702
perform services;	24703

(xvi) The person does not realize a profit or suffer a loss	24704
as a result of the services provided;	24705

(xvii) The person is not performing services for a number of	24706
employers at the same time;	24707

(xviii) The person does not make the same services available	24708
to the general public;	24709

(xix) The other contracting party has a right to discharge	24710
the person;	24711

(xx) The person has the right to end the relationship with	24712
the other contracting party without incurring liability pursuant	24713
to an employment contract or agreement.	24714

Every person in the service of any independent contractor or	24715
subcontractor who has failed to pay into the state insurance fund	24716
the amount of premium determined and fixed by the administrator of	24717
workers' compensation for the person's employment or occupation or	24718
if a self-insuring employer has failed to pay compensation and	24719
benefits directly to the employer's injured and to the dependents	24720
of the employer's killed employees as required by section 4123.35	24721
of the Revised Code, shall be considered as the employee of the	24722
person who has entered into a contract, whether written or verbal,	24723
with such independent contractor unless such employees or their	24724
legal representatives or beneficiaries elect, after injury or	24725
death, to regard such independent contractor as the employer.	24726

~~(d) Every person to whom all of the following apply:~~

24727

~~(i) The person is a resident of a state other than this state~~	24728
~~and is covered by that other state's workers' compensation law;~~	24729

~~(ii) The person performs labor or provides services for that~~	24730
~~person's employer while temporarily within this state;~~	24731

~~(iii) The laws of that other state do not include the~~	24732
~~provisions described in division (H)(4) of section 4123.54 of the~~	24733
~~Revised Code.~~	24734

(2) "Employee" does not mean:

24735

(a) A duly ordained, commissioned, or licensed minister or	24736
assistant or associate minister of a church in the exercise of	24737
ministry;	24738

(b) Any officer of a family farm corporation;

24739

24740

(d) An individual who otherwise is an employee of an employer	24741
but who signs the waiver and affidavit specified in section	24742
4123.15 of the Revised Code on the condition that the	24743
administrator has granted a waiver and exception to the	24744
individual's employer under section 4123.15 of the Revised Code.	24745

Any employer may elect to include as an "employee" within	24746
this chapter, any person excluded from the definition of	24747
"employee" pursuant to division (A)(2) of this section. If an	24748
employer is a partnership, sole proprietorship, individual	24749
incorporated as a corporation, or family farm corporation, such	24750
employer may elect to include as an "employee" within this	24751
chapter, any member of such partnership, the owner of the sole	24752
proprietorship, the individual incorporated as a corporation, or	24753
the officers of the family farm corporation. In the event of an	24754
election, the employer shall serve upon the bureau of workers'	24755
compensation written notice naming the persons to be covered,	24756
include such employee's remuneration for premium purposes in all	24757
future payroll reports, and no person excluded from the definition	24758
of "employee" pursuant to division (A)(2) of this section,	24759
proprietor, individual incorporated as a corporation, or partner	24760
shall be deemed an employee within this division until the	24761
employer has served such notice.	24762

For informational purposes only, the bureau shall prescribe	24763
such language as it considers appropriate, on such of its forms as	24764
it considers appropriate, to advise employers of their right to	24765
elect to include as an "employee" within this chapter a sole	24766
proprietor, any member of a partnership, an individual	24767
incorporated as a corporation, the officers of a family farm	24768
corporation, or a person excluded from the definition of	24769
"employee" under division (A)(2) of this section, that they should	24770
check any health and disability insurance policy, or other form of	24771
health and disability plan or contract, presently covering them,	24772
or the purchase of which they may be considering, to determine	24773
whether such policy, plan, or contract excludes benefits for	24774
illness or injury that they might have elected to have covered by	24775
workers' compensation.	24776

(B) "Employer" means:

24777

(1) The state, including state hospitals, each county,	24778
municipal corporation, township, school district, and hospital	24779
owned by a political subdivision or subdivisions other than the	24780
state;	24781

(2) Every person, firm, professional employer organization as	24782
~~defined in section 4125.01 of the Revised Code~~, and private	24783
corporation, including any public service corporation, that (a)	24784
has in service one or more employees or shared employees regularly	24785
in the same business or in or about the same establishment under	24786
any contract of hire, express or implied, oral or written, or (b)	24787
is bound by any such contract of hire or by any other written	24788
contract, to pay into the insurance fund the premiums provided by	24789
this chapter.	24790

All such employers are subject to this chapter. Any member of	24791
a firm or association, who regularly performs manual labor in or	24792
about a mine, factory, or other establishment, including a	24793
household establishment, shall be considered an employee in	24794
determining whether such person, firm, or private corporation, or	24795
public service corporation, has in its service, one or more	24796
employees and the employer shall report the income derived from	24797
such labor to the bureau as part of the payroll of such employer,	24798
and such member shall thereupon be entitled to all the benefits of	24799
an employee.	24800

(C) "Injury" includes any injury, whether caused by external	24801
accidental means or accidental in character and result, received	24802
in the course of, and arising out of, the injured employee's	24803
employment. "Injury" does not include:	24804

(1) Psychiatric conditions except where the claimant's	24805
psychiatric conditions have arisen from an injury or occupational	24806
disease sustained by that claimant or where the claimant's	24807
psychiatric conditions have arisen from sexual conduct in which	24808
the claimant was forced by threat of physical harm to engage or	24809
participate;	24810

(2) Injury or disability caused primarily by the natural	24811
deterioration of tissue, an organ, or part of the body;	24812

(3) Injury or disability incurred in voluntary participation	24813
in an employer-sponsored recreation or fitness activity if the	24814
employee signs a waiver of the employee's right to compensation or	24815
benefits under this chapter prior to engaging in the recreation or	24816
fitness activity;	24817

(4) A condition that pre-existed an injury unless that	24818
pre-existing condition is substantially aggravated by the injury.	24819
Such a substantial aggravation must be documented by objective	24820
diagnostic findings, objective clinical findings, or objective	24821
test results. Subjective complaints may be evidence of such a	24822
substantial aggravation. However, subjective complaints without	24823
objective diagnostic findings, objective clinical findings, or	24824
objective test results are insufficient to substantiate a	24825
substantial aggravation.	24826

(D) "Child" includes a posthumous child and a child legally	24827
adopted prior to the injury.	24828

(E) "Family farm corporation" means a corporation founded for	24829
the purpose of farming agricultural land in which the majority of	24830
the voting stock is held by and the majority of the stockholders	24831
are persons or the spouse of persons related to each other within	24832
the fourth degree of kinship, according to the rules of the civil	24833
law, and at least one of the related persons is residing on or	24834
actively operating the farm, and none of whose stockholders are a	24835
corporation. A family farm corporation does not cease to qualify	24836
under this division where, by reason of any devise, bequest, or	24837
the operation of the laws of descent or distribution, the	24838
ownership of shares of voting stock is transferred to another	24839
person, as long as that person is within the degree of kinship	24840
stipulated in this division.	24841

(F) "Occupational disease" means a disease contracted in the	24842
course of employment, which by its causes and the characteristics	24843
of its manifestation or the condition of the employment results in	24844
a hazard which distinguishes the employment in character from	24845
employment generally, and the employment creates a risk of	24846
contracting the disease in greater degree and in a different	24847
manner from the public in general.	24848

(G) "Self-insuring employer" means an employer who is granted	24849
the privilege of paying compensation and benefits directly under	24850
section 4123.35 of the Revised Code, including a board of county	24851
commissioners for the sole purpose of constructing a sports	24852
facility as defined in section 307.696 of the Revised Code,	24853
provided that the electors of the county in which the sports	24854
facility is to be built have approved construction of a sports	24855
facility by ballot election no later than November 6, 1997.	24856

(H) "Private employer" means an employer as defined in	24857
division (B)(2) of this section.	24858

(I) "Professional employer organization" has the same meaning	24859
as in section 4125.01 of the Revised Code.	24860

(J) "Public employer" means an employer as defined in	24861
division (B)(1) of this section.	24862

~~(I)~~(K) "Sexual conduct" means vaginal intercourse between a	24863
male and female; anal intercourse, fellatio, and cunnilingus	24864
between persons regardless of gender; and, without privilege to do	24865
so, the insertion, however slight, of any part of the body or any	24866
instrument, apparatus, or other object into the vaginal or anal	24867
cavity of another. Penetration, however slight, is sufficient to	24868
complete vaginal or anal intercourse.	24869

~~(J)~~(L) "Other-states' insurer" means an insurance company	24870
that is authorized to provide workers' compensation insurance	24871
coverage in any of the states that permit employers to obtain	24872
insurance for workers' compensation claims through insurance	24873
companies.	24874

~~(K)~~(M) "Other-states' coverage" means ~~insurance~~both of the	24875
following:	24876

(1) Insurance coverage ~~purchased~~secured by an eligible	24877
employer for workers' compensation claims ~~that arise~~of employees	24878
who are in employment relationships localized in a state ~~or states~~	24879
other than this state ~~and that are filed by the employees of the~~	24880
~~employer~~ or those ~~employee's~~employees' dependents~~, as~~	24881
~~applicable, in that other state or those other states~~;	24882

(2) Insurance coverage secured by an eligible employer for	24883
workers' compensation claims that arise in a state other than this	24884
state where an employer elects to obtain coverage through either	24885
the administrator or an other-states' insurer.	24886

(N) "Limited other-states coverage" means insurance coverage	24887
provided by the administrator to an eligible employer for workers'	24888
compensation claims of employees who are in an employment	24889
relationship in this state but are temporarily working a state	24890
other than this state, or those employees' dependents.	24891

Sec. 4123.26. (A) Every employer shall keep records of, and	24892
furnish to the bureau of workers' compensation upon request, all	24893
information required by the administrator of workers' compensation	24894
to carry out this chapter. ~~In January of each year~~	24895

(B) Except as otherwise provided in division (C) of this	24896
section, every private employer ~~of the state~~ employing one or	24897
more employees regularly in the same business, or in or about the	24898
same establishment, shall ~~prepare and mail~~submit a payroll report	24899
to the bureau ~~at its main office in Columbus a statement~~	24900
~~containing~~. Until the policy year commencing July 1, 2015, a	24901
private employer shall submit the payroll report in January of	24902
each year. For a policy year commencing on or after July 1, 2015,	24903
the employer shall submit the payroll report on or before August	24904
fifteenth of each year unless otherwise specified by the	24905
administrator in rules the administrator adopts. The employer	24906
shall include all of the following information in the payroll	24907
report, as applicable:	24908

~~(A) The~~(1) For payroll reports submitted prior to July 1,	24909
2015, the number of employees employed during the preceding year	24910
from the first day of January through the thirty-first day of	24911
December who are localized in this state;	24912

~~(B)~~(2) For payroll reports submitted on or after July 1,	24913
2015, the number of employees localized in this state employed	24914
during the preceding policy year from the first day of July	24915
through the thirtieth day of June;	24916

(3) The number of such employees localized in this state	24917
employed at each kind of employment and the aggregate amount of	24918
wages paid to such employees;	24919

~~(C)~~(4)(a) If an employer elects to ~~obtain~~secure	24920
other-states' coverage or limited other-states' coverage pursuant	24921
to section 4123.292 of the Revised Code through either the	24922
administrator, if the administrator elects to offer such coverage,	24923
or an other-states' insurer ~~for claims arising in a state or~~	24924
~~states other than this state, all of~~ the ~~following~~ information:	24925

~~(1) The amount of wages the employer paid to the employer's~~	24926
~~employees for performing labor or providing services for the~~	24927
~~employer in this state;~~	24928

~~(2) The amount of wages the employer paid to the employer's~~	24929
~~employees for performing labor or providing services for the~~	24930
~~employer in a state or states other than this state.~~	24931

~~The allocation of wages identified by the employer pursuant~~	24932
~~to divisions (C)(1) and (2) of this section shall not be presumed~~	24933
~~to be an indication of the law under which an employee is eligible~~	24934
~~to receive compensation and benefits~~required under divisions	24935
(B)(1) to (3) of this section and any additional information	24936
required by the administrator in rules the administrator adopts,	24937
with the advice and consent of the bureau of workers' compensation	24938
board of directors, to allow the employer to secure other-states'	24939
coverage or limited other-states' coverage.	24940

~~(D)~~(5)(a) In accordance with the rules adopted by the	24941
administrator pursuant to division ~~(D)~~(C) of section 4123.32 of	24942
the Revised Code, if the employer employs employees who are	24943
covered under the federal "Longshore and Harbor Workers'	24944
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and under	24945
this chapter and Chapter 4121. of the Revised Code, both of the	24946
following amounts:	24947

~~(1)~~(i) The amount of wages the employer pays to those	24948
employees when the employees perform labor and provide services	24949
for which the employees are eligible to receive compensation and	24950
benefits under the federal "Longshore and Harbor Workers'	24951
Compensation Act;";	24952

~~(2)~~(ii) The amount of wages the employer pays to those	24953
employees when the employees perform labor and provide services	24954
for which the employees are eligible to receive compensation and	24955
benefits under this chapter and Chapter 4121. of the Revised Code.	24956

(b) The allocation of wages identified by the employer	24957
pursuant to divisions ~~(D)(1)~~(B)(5)(a)(i) and ~~(2)~~(ii) of this	24958
section shall not be presumed to be an indication of the law under	24959
which an employee is eligible to receive compensation and	24960
benefits.	24961

~~The information shall be furnished on a blank to be prepared~~	24962
~~by the bureau. The bureau shall furnish the blanks to employers~~	24963
~~free of charge upon request therefor. Every employer receiving~~	24964
~~from the bureau any blank, with directions to fill out the same,~~	24965
~~shall cause the same to be properly filled out so as to answer~~	24966
~~fully and correctly all questions therein propounded, and give all~~	24967
~~the information therein sought, or if unable to do so, the~~	24968
~~employer shall give to the bureau in writing good and sufficient~~	24969
~~reasons for such failure.~~(C) Beginning August 1, 2015, each	24970
employer that is recognized by the administrator as a professional	24971
employer organization shall submit a monthly payroll report	24972
containing the number of employees employed during the preceding	24973
calendar month, the number of those employees employed at each	24974
kind of employment, and the aggregate amount of wages paid to	24975
those employees.	24976

(D) An employer described in division (B) of this section	24977
shall submit the payroll report required under this section to the	24978
bureau on a form prescribed by the bureau. The bureau may require	24979
that the information required to be furnished be verified under	24980
oath ~~and returned to the bureau within the period fixed by it or~~	24981
~~by law~~. The bureau or any person employed by the bureau for that	24982
purpose, may examine, under oath, any employer, or the officer,	24983
agent, or employee thereof, for the purpose of ascertaining any	24984
information which the employer is required to furnish to the	24985
bureau.	24986

(E) No private employer shall fail to furnish to the bureau	24987
the ~~annual statement~~payroll report required by this section, nor	24988
shall any employer fail to keep records of or furnish such other	24989
information as may be required by the bureau under this section.	24990

~~Whoever violates this section shall forfeit five hundred~~	24991
~~dollars, to be collected in a civil action brought against the~~	24992
~~employer in the name of the state, to be paid into the state~~	24993
~~insurance fund and become a part thereof~~	24994

(F) The administrator may adopt rules setting forth penalties	24995
for failure to submit the payroll report required by this section,	24996
including but not limited to exclusion from alternative rating	24997
plans and discount programs.	24998

Sec. 4123.27. Information contained in the ~~annual statement~~	24999
payroll report provided for in section 4123.26 of the Revised	25000
Code, and such other information as may be furnished to the bureau	25001
of workers' compensation by employers in pursuance of that	25002
section, is for the exclusive use and information of the bureau in	25003
the discharge of its official duties, and shall not be open to the	25004
public nor be used in any court in any action or proceeding	25005
pending therein unless the bureau is a party to the action or	25006
proceeding~~; but the~~. The information contained in the ~~statement~~	25007
payroll report may be tabulated and published by the bureau in	25008
statistical form for the use and information of other state	25009
departments and the public. No person in the employ of the bureau,	25010
except those who are authorized by the administrator of workers'	25011
compensation, shall divulge any information secured by the person	25012
while in the employ of the bureau in respect to the transactions,	25013
property, claim files, records, or papers of the bureau or in	25014
respect to the business or mechanical, chemical, or other	25015
industrial process of any company, firm, corporation, person,	25016
association, partnership, or public utility to any person other	25017
than the administrator or to the superior of such employee of the	25018
bureau.	25019

Notwithstanding the restrictions imposed by this section, the	25020
governor, select or standing committees of the general assembly,	25021
the auditor of state, the attorney general, or their designees,	25022
pursuant to the authority granted in this chapter and Chapter	25023
4121. of the Revised Code, may examine any records, claim files,	25024
or papers in possession of the industrial commission or the	25025
bureau. They also are bound by the privilege that attaches to	25026
these papers.	25027

The administrator shall report to the director of job and	25028
family services or to the county director of job and family	25029
services the name, address, and social security number or other	25030
identification number of any person receiving workers'	25031
compensation whose name or social security number or other	25032
identification number is the same as that of a person required by	25033
a court or child support enforcement agency to provide support	25034
payments to a recipient or participant of public assistance, as	25035
that term is defined in section 5101.181 of the Revised Code, and	25036
whose name is submitted to the administrator by the director under	25037
section 5101.36 of the Revised Code. The administrator also shall	25038
inform the director of the amount of workers' compensation paid to	25039
the person during such period as the director specifies.	25040

Within fourteen days after receiving from the director of job	25041
and family services a list of the names and social security	25042
numbers of recipients or participants of public assistance	25043
pursuant to section 5101.181 of the Revised Code, the	25044
administrator shall inform the auditor of state of the name,	25045
current or most recent address, and social security number of each	25046
person receiving workers' compensation pursuant to this chapter	25047
whose name and social security number are the same as that of a	25048
person whose name or social security number was submitted by the	25049
director. The administrator also shall inform the auditor of state	25050
of the amount of workers' compensation paid to the person during	25051
such period as the director specifies.	25052

The bureau and its employees, except for purposes of	25053
furnishing the auditor of state with information required by this	25054
section, shall preserve the confidentiality of recipients or	25055
participants of public assistance in compliance with section	25056
5101.181 of the Revised Code.	25057

Sec. 4123.29. (A) The administrator of workers'	25058
compensation, subject to the approval of the bureau of workers'	25059
compensation board of directors, shall do all of the following:	25060

(1) Classify occupations or industries with respect to their	25061
degree of hazard and determine the risks of the different classes	25062
according to the categories the national council on compensation	25063
insurance establishes that are applicable to employers in this	25064
state;	25065

(2)(a) Fix the rates of premium of the risks of the classes	25066
based upon the total payroll in each of the classes of occupation	25067
or industry sufficiently large to provide a fund for the	25068
compensation provided for in this chapter and to maintain a state	25069
insurance fund from year to year. The administrator shall set the	25070
rates at a level that assures the solvency of the fund. Where the	25071
payroll cannot be obtained or, in the opinion of the	25072
administrator, is not an adequate measure for determining the	25073
premium to be paid for the degree of hazard, the administrator may	25074
determine the rates of premium upon such other basis, consistent	25075
with insurance principles, as is equitable in view of the degree	25076
of hazard, and whenever in this chapter reference is made to	25077
payroll or expenditure of wages with reference to fixing premiums,	25078
the reference shall be construed to have been made also to such	25079
other basis for fixing the rates of premium as the administrator	25080
may determine under this section.	25081

(b) If an employer elects to obtain other-states' coverage,	25082
including limited other-states' coverage, pursuant to section	25083
4123.292 of the Revised Code through ~~either~~ the administrator, if	25084
the administrator elects to offer such coverage, ~~or an~~	25085
~~other-states' insurer,~~ calculate the employer's premium for the	25086
state insurance fund in the same manner as otherwise required	25087
under division (A) of this section and section 4123.34 of the	25088
Revised Code, except that ~~when~~ the administrator ~~determines the~~	25089
~~expenditure of wages, payroll, or both upon which to base~~may	25090
establish in rule an alternative calculation of the employer's	25091
premium~~, the administrator shall use only~~to appropriately account	25092
for the expenditure of wages, payroll, or both attributable to the	25093
labor performed and services provided by that employer's employees	25094
when those employees performed labor and provided services in this	25095
state ~~only~~ and ~~to which the~~in the other state or states for which	25096
the employer elects to secure other-states' coverage ~~does not~~	25097
~~apply~~.	25098

(c) If an employer elects to obtain other-states' coverage	25099
pursuant to section 4123.292 of the Revised Code through an	25100
other-states' insurer, calculate the employer's premium for the	25101
state insurance fund in the same manner as otherwise required	25102
under division (A) of this section and section 4123.34 of the	25103
Revised Code, except that when the administrator determines the	25104
expenditure of wages, payroll, or both upon which to base the	25105
employer's premium, the administrator shall use only the	25106
expenditure of wages, payroll, or both attributable to the labor	25107
performed and services provided by that employer's employees when	25108
those employees performed labor and provided services in this	25109
state only and to which the other-states' coverage does not apply.	25110
The administrator may adopt rules setting forth the information	25111
that an employer electing to obtain other-states' coverage through	25112
an other-states' insurer shall report for purposes of determining	25113
the expenditure of wages, payroll, or both attributable to the	25114
labor performed and services provided in this state.	25115

(d) The administrator in setting or revising rates shall	25116
furnish to employers an adequate explanation of the basis for the	25117
rates set.	25118

(3) Develop and make available to employers who are paying	25119
premiums to the state insurance fund alternative premium plans.	25120
Alternative premium plans shall include retrospective rating	25121
plans. The administrator may make available plans under which an	25122
advanced deposit may be applied against a specified deductible	25123
amount per claim.	25124

(4)(a) Offer to insure the obligations of employers under	25125
this chapter under a plan that groups, for rating purposes,	25126
employers, and pools the risk of the employers within the group	25127
provided that the employers meet all of the following conditions:	25128

(i) All of the employers within the group are members of an	25129
organization that has been in existence for at least two years	25130
prior to the date of application for group coverage;	25131

(ii) The organization was formed for purposes other than that	25132
of obtaining group workers' compensation under this division;	25133

(iii) The employers' business in the organization is	25134
substantially similar such that the risks which are grouped are	25135
substantially homogeneous;	25136

(iv) The group of employers consists of at least one hundred	25137
members or the aggregate workers' compensation premiums of the	25138
members, as determined by the administrator, are ~~expected~~	25139
estimated to exceed one hundred fifty thousand dollars during the	25140
coverage period;	25141

(v) The formation and operation of the group program in the	25142
organization will substantially improve accident prevention and	25143
claims handling for the employers in the group;	25144

(vi) Each employer seeking to enroll in a group for workers'	25145
compensation coverage has an ~~industrial insurance~~ account in good	25146
standing with the bureau of workers' compensation ~~such that at the~~	25147
~~time the agreement is processed no outstanding premiums,~~	25148
~~penalties, or assessments are due from any of the employers~~. The	25149
administrator shall adopt rules setting forth the criteria by	25150
which the administrator will determine whether an employer's	25151
account is in good standing.	25152

(b) If an organization sponsors more than one employer group	25153
to participate in group plans established under this section, that	25154
organization may submit a single application that supplies all of	25155
the information necessary for each group of employers that the	25156
organization wishes to sponsor.	25157

(c) In providing employer group plans under division (A)(4)	25158
of this section, the administrator shall consider an employer	25159
group as a single employing entity for purposes of group rating.	25160
No employer may be a member of more than one group for the purpose	25161
of obtaining workers' compensation coverage under this division.	25162

(d) At the time the administrator revises premium rates	25163
pursuant to this section and section 4123.34 of the Revised Code,	25164
if the premium rate of an employer who participates in a group	25165
plan established under this section changes from the rate	25166
established for the previous year, the administrator, in addition	25167
to sending the invoice with the rate revision to that employer,	25168
shall send a copy of that invoice to the third-party administrator	25169
that administers the group plan for that employer's group.	25170

(e) In providing employer group plans under division (A)(4)	25171
of this section, the administrator shall establish a program	25172
designed to mitigate the impact of a significant claim that would	25173
come into the experience of a private, state fund group-rated	25174
employer or a taxing district employer for the first time and be a	25175
contributing factor in that employer being excluded from a	25176
group-rated plan. The administrator shall establish eligibility	25177
criteria and requirements that such employers must satisfy in	25178
order to participate in this program. For purposes of this	25179
program, the administrator shall establish a discount on premium	25180
rates applicable to employers who qualify for the program.	25181

(f) In no event shall division (A)(4) of this section be	25182
construed as granting to an employer status as a self-insuring	25183
employer.	25184

(g) The administrator shall develop classifications of	25185
occupations or industries that are sufficiently distinct so as not	25186
to group employers in classifications that unfairly represent the	25187
risks of employment with the employer.	25188

(5) Generally promote employer participation in the state	25189
insurance fund through the regular dissemination of information to	25190
all classes of employers describing the advantages and benefits of	25191
opting to make premium payments to the fund. To that end, the	25192
administrator shall regularly make employers aware of the various	25193
workers' compensation premium packages developed and offered	25194
pursuant to this section.	25195

(6) Make available to every employer who is paying premiums	25196
to the state insurance fund a program whereby the employer or the	25197
employer's agent pays to the claimant or on behalf of the claimant	25198
the first fifteen thousand dollars of a compensable workers'	25199
compensation medical-only claim filed by that claimant that is	25200
related to the same injury or occupational disease. No formal	25201
application is required; however, an employer must elect to	25202
participate by telephoning the bureau after July 1, 1995. Once an	25203
employer has elected to participate in the program, the employer	25204
will be responsible for all bills in all medical-only claims with	25205
a date of injury the same or later than the election date, unless	25206
the employer notifies the bureau within fourteen days of receipt	25207
of the notification of a claim being filed that it does not wish	25208
to pay the bills in that claim, or the employer notifies the	25209
bureau that the fifteen thousand dollar maximum has been paid, or	25210
the employer notifies the bureau of the last day of service on	25211
which it will be responsible for the bills in a particular	25212
medical-only claim. If an employer elects to enter the program,	25213
the administrator shall not reimburse the employer for such	25214
amounts paid and shall not charge the first fifteen thousand	25215
dollars of any medical-only claim paid by an employer to the	25216
employer's experience or otherwise use it in merit rating or	25217
determining the risks of any employer for the purpose of payment	25218
of premiums under this chapter. A certified health care provider	25219
shall extend to an employer who participates in this program the	25220
same rates for services rendered to an employee of that employer	25221
as the provider bills the administrator for the same type of	25222
medical claim processed by the bureau and shall not charge,	25223
assess, or otherwise attempt to collect from an employee any	25224
amount for covered services or supplies that is in excess of that	25225
rate. If an employer elects to enter the program and the employer	25226
fails to pay a bill for a medical-only claim included in the	25227
program, the employer shall be liable for that bill and the	25228
employee for whom the employer failed to pay the bill shall not be	25229
liable for that bill. The administrator shall adopt rules to	25230
implement and administer division (A)(6) of this section. Upon	25231
written request from the bureau, the employer shall provide	25232
documentation to the bureau of all medical-only bills that they	25233
are paying directly. Such requests from the bureau may not be made	25234
more frequently than on a semiannual basis. Failure to provide	25235
such documentation to the bureau within thirty days of receipt of	25236
the request may result in the employer's forfeiture of	25237
participation in the program for such injury. The provisions of	25238
this section shall not apply to claims in which an employer with	25239
knowledge of a claimed compensable injury or occupational disease,	25240
has paid wages in lieu of compensation or total disability.	25241

(B) The administrator, with the advice and consent of the	25242
board, by rule, may do both of the following:	25243

(1) Grant an employer who ~~makes~~pays the employer's	25244
~~semiannual~~annual estimated premium ~~payment at least one month~~in	25245
full prior to the ~~last day on which the payment may be made~~	25246
~~without penalty~~start of the policy year for which the estimated	25247
premium is due, a discount as the administrator fixes from time to	25248
time;	25249

(2) Levy a minimum annual administrative charge upon risks	25250
where ~~semiannual~~ premium reports develop a charge less than the	25251
administrator considers adequate to offset administrative costs of	25252
processing.	25253

Sec. 4123.291. (A) An adjudicating committee appointed by	25254
the administrator of workers' compensation to hear any matter	25255
specified in divisions (B)(1) to (7) of this section shall hear	25256
the matter within sixty days of the date on which an employer	25257
files the request, protest, or petition. An employer desiring to	25258
file a request, protest, or petition regarding any matter	25259
specified in divisions (B)(1) to (7) of this section shall file	25260
the request, protest, or petition to the adjudicating committee on	25261
or before twenty-four months after the administrator sends notice	25262
of the determination about which the employer is filing the	25263
request, protest, or petition.	25264

(B) An employer who is adversely affected by a decision of an	25265
adjudicating committee appointed by the administrator may appeal	25266
the decision of the committee to the administrator or the	25267
administrator's designee. The employer shall file the appeal in	25268
writing within thirty days after the employer receives the	25269
decision of the adjudicating committee. The administrator or the	25270
designee shall hear the appeal and hold a hearing, provided that	25271
the decision of the adjudicating committee relates to one of the	25272
following:	25273

(1) An employer request for a waiver of a default in the	25274
payment of premiums pursuant to section 4123.37 of the Revised	25275
Code;	25276

(2) An employer request for the settlement of liability as a	25277
noncomplying employer under section 4123.75 of the Revised Code;	25278

(3) An employer petition objecting to ~~the~~an assessment ~~of a~~	25279
~~premium~~made pursuant to section 4123.37 of the Revised Code and	25280
the rules adopted pursuant to that section;	25281

(4) An employer request for the abatement of penalties	25282
assessed pursuant to section 4123.32 of the Revised Code and the	25283
rules adopted pursuant to that section;	25284

(5) An employer protest relating to an audit finding or a	25285
determination of a manual classification, experience rating, or	25286
transfer or combination of risk experience;	25287

(6) Any decision relating to any other risk premium matter	25288
under Chapters 4121., 4123., and 4131. of the Revised Code;	25289

(7) An employer petition objecting to the amount of security	25290
required under division (D) of section 4125.05 of the Revised Code	25291
and the rules adopted pursuant to that section.	25292

(C) The bureau of workers' compensation board of directors,	25293
based upon recommendations of the workers' compensation actuarial	25294
committee, shall establish the policy for all adjudicating	25295
committee procedures, including, but not limited to, specific	25296
criteria for manual premium rate adjustment.	25297

Sec. 4123.292. (A) Notwithstanding sections 4123.35 and	25298
4123.82 of the Revised Code, an employer may elect to obtain	25299
other-states' coverage through an other-states' insurer or, if the	25300
administrator of workers' compensation elects to offer such	25301
coverage, through the administrator pursuant to division (B) of	25302
this section. An employer who elects to obtain other-states'	25303
coverage shall submit a written notice to the administrator	25304
stating that election on a form prescribed by the administrator	25305
and, if the employer elects to obtain that coverage through an	25306
other-states' insurer, the name of the other-states' insurer	25307
through whom the employer has obtained that coverage. If an	25308
employer fails to pay the employer's premium for other-states'	25309
coverage, the administrator shall consider the employer to be	25310
noncompliant for the purposes of having other-states' coverage ~~but~~	25311
~~shall not consider the employer to be a noncomplying employer for~~	25312
~~purposes of this chapter or Chapter 4121., 4127., or 4131. of the~~	25313
~~Revised Code unless the employer otherwise fails to comply with~~	25314
and the employer's premiums in this state for any and all	25315
noncompliant periods of time shall be calculated in the same	25316
manner as otherwise required under division (A) of section 4123.29	25317
and section ~~4123.35~~4123.34 of the Revised Code, using both the	25318
wages reported in this state and the wages that the employer	25319
claimed would be reported to the other-states' insurer for	25320
securing coverage.	25321

(B) The administrator may ~~secure~~offer other-states' coverage	25322
to allow an employer who wishes to obtain other-states' coverage	25323
pursuant to this section and who elects to ~~obtain~~secure that	25324
coverage through the administrator for workers' compensation	25325
claims ~~arising in a state or states other than this state~~. If the	25326
administrator elects to secure a vehicle through which the	25327
administrator will provide other-states' coverage, the	25328
administrator shall follow the competitive bidding requirements	25329
specified in Chapter 125. of the Revised Code to select one or	25330
more other-states' ~~insurer~~insurers, and the administrator, with	25331
the advice and consent of the bureau of workers' compensation	25332
board of directors, shall award ~~the~~a contract to provide	25333
other-states' coverage for employers located in this state to ~~the~~	25334
one or more other-states' ~~insurer~~insurers that isare the lowest	25335
and best ~~bidder~~bidders.	25336

(C) ~~If the administrator elects to secure other-states'~~	25337
~~coverage pursuant to division (B) of this section, the~~	25338
~~administrator shall calculate an employer's premium for~~	25339
~~other-states' coverage provided through the administrator~~	25340
~~separately from calculating any other premiums or assessments~~	25341
~~charged under this chapter or Chapter 4121., 4127., or 4131. of~~	25342
~~the Revised Code. The administrator shall calculate the employer's~~	25343
~~other-states' coverage premium in the same manner the~~	25344
~~administrator calculates an employer's premium for the state~~	25345
~~insurance fund pursuant to division (A) of section 4123.29 and~~	25346
~~section 4123.34 of the Revised Code, except that, when calculating~~	25347
~~the employer's premium for other-states' coverage under this~~	25348
~~division, the administrator shall do all of the following:~~	25349

~~(1) Base the employer's other-states' coverage premium on the~~	25350
~~terms specified in the contract the administrator enters into with~~	25351
~~an insurance company pursuant to division (B) of this section;~~	25352

~~(2) When determining the expenditure of wages, payroll, or~~	25353
~~both upon which to base the employer's other-states' coverage~~	25354
~~premium, use only the amount of wages, payroll, or both the~~	25355
~~employer paid to the employer's employees for performing labor or~~	25356
~~providing services for the employer in a state or states other~~	25357
~~than this state;~~	25358

~~(3) Not take into account the amount of wages, payroll, or~~	25359
~~both the employer paid to the employer's employees for performing~~	25360
~~labor or providing services for the employer in this state or any~~	25361
~~compensation or benefits paid for claims covered by the state~~	25362
~~insurance fund~~Notwithstanding sections 4123.35 and 4123.82 of the	25363
Revised Code, the administrator may offer limited other-states'	25364
coverage to allow an employer who wishes to obtain limited	25365
other-states' coverage pursuant to this section. An employer who	25366
elects to obtain limited other-states' coverage shall submit a	25367
written notice to the administrator stating that election on a	25368
form prescribed by the administrator.	25369

If the administrator elects to secure a vehicle through which	25370
the administrator will provide limited other-states' coverage, the	25371
administrator shall follow the competitive bidding requirements	25372
specified in Chapter 125. of the Revised Code to select one or	25373
more other-states' insurers and, with the advice and consent of	25374
the board, award a contract to provide limited other-states'	25375
coverage to the lowest and best bidders.	25376

(D) If the administrator elects to ~~secure~~offer other states'	25377
coverage or limited other-states' coverage, the administrator,	25378
with the advice and consent of the board, shall adopt rules to	25379
implement divisions (B) and (C) of this section.	25380

(E) ~~An other-states' insurer that provides other-states'~~	25381
~~coverage to an employer pursuant to this section shall do all of~~	25382
~~the following when calculating the employer's premium for that~~	25383
~~coverage:~~	25384

~~(1) When determining the amount of wages, payroll, or both~~	25385
~~upon which to base the employer's premium, use only the amount of~~	25386
~~wages, payroll, or both the employer paid to the employer's~~	25387
~~employees for performing labor or providing services for the~~	25388
~~employer in a state or states other than this state;~~	25389

~~(2) Not take into account the amount of wages, payroll, or~~	25390
~~both the employer paid to the employer's employees for performing~~	25391
~~labor or providing services for the employer in this state or any~~	25392
~~compensation or benefits paid for claims otherwise covered by this~~	25393
~~chapter or Chapter 4121., 4127., or 4131. of the Revised Code;~~	25394

~~(3) Take into account any other factors the other-states'~~	25395
~~insurer uses to calculate premiums for workers' compensation~~	25396
~~insurance.~~	25397

~~(F)~~ The board and the individual members thereof, the	25398
administrator, and the bureau of workers' compensation shall not	25399
incur any obligation or liability if another state determines that	25400
the other-states' coverage or limited other-states' coverage	25401
provided under this section does not satisfy the requirements	25402
specified in that state's workers' compensation law for obtaining	25403
workers' compensation coverage in that state.	25404

Sec. 4123.32. The administrator of workers' compensation,	25405
with the advice and consent of the bureau of workers' compensation	25406
board of directors, shall adopt rules with respect to the	25407
collection, maintenance, and disbursements of the state insurance	25408
fund including all of the following:	25409

(A) ~~A rule providing that the premium security deposit~~	25410
~~collected from any employer entitles the employer to the benefits~~	25411
~~of this chapter for the remainder of the six months and also for~~	25412
~~an additional adjustment period of two months, and, thereafter, if~~	25413
~~the employer pays the premium due at the close of any six-month~~	25414
~~period, coverage shall be extended for an additional eight-month~~	25415
~~period beginning from the end of the six-month period for which~~	25416
~~the employer pays the premium due;~~	25417

~~(B)~~ A rule providing for ascertaining the correctness of any	25418
employer's report of estimated or actual expenditure of wages and	25419
the determination and adjustment of proper premiums and the	25420
payment of those premiums by the employer ~~for or during any period~~	25421
~~less than eight months and notwithstanding any payment or~~	25422
~~determination of premium made when exceptional conditions or~~	25423
~~circumstances in the judgment of the administrator justify the~~	25424
~~action~~;	25425

~~(C)~~(B) Such special rules as the administrator considers	25426
necessary to safeguard the fund and that are just in the	25427
circumstances, covering the rates to be applied where one employer	25428
takes over the occupation or industry of another or where an	25429
employer first makes application for state insurance, and the	25430
administrator may require that if any employer transfers a	25431
business in whole or in part or otherwise reorganizes the	25432
business, the successor in interest shall assume, in proportion to	25433
the extent of the transfer, as determined by the administrator,	25434
the employer's account and shall continue the payment of all	25435
contributions due under this chapter;	25436

~~(D)~~(C) A rule providing that an employer who employs an	25437
employee covered under the federal "Longshore and Harbor Workers'	25438
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this	25439
chapter and Chapter 4121. of the Revised Code shall be assessed a	25440
premium in accordance with the expenditure of wages, payroll, or	25441
both attributable to only labor performed and services provided by	25442
such an employee when the employee performs labor and provides	25443
services for which the employee is not eligible to receive	25444
compensation and benefits under that federal act.	25445

~~(E)~~(D) A rule providing for all of the following:

25446

(1) If~~, within two months immediately after the expiration of~~	25447
~~the six-month period,~~ an employer fails to file a report of the	25448
employer's actual payroll expenditures ~~for the period~~pursuant to	25449
section 4123.26 of the Revised Code for private employers or	25450
pursuant to section 4123.41 of the Revised Code for public	25451
employers, the premium ~~found to be~~and assessments due from the	25452
employer for the period shall be calculated based on the estimated	25453
payroll of the employer used in calculating the estimated premium	25454
due, increased ~~in an amount equal to one per cent of the premium,~~	25455
~~but the increase shall not be less than three nor more than~~	25456
~~fifteen dollars~~by ten per cent;	25457

(2) ~~The premium determined by the administrator to be due~~	25458
~~from an employer shall be payable on or before the end of the~~	25459
~~coverage period established by the premium security deposit, or~~	25460
~~within the time specified by the administrator if the period for~~	25461
~~which the advance premium has been paid is less than eight months.~~	25462
(a) If an employer fails to pay the premium or assessments when	25463
due for a policy year commencing prior to July 1, 2015, the	25464
administrator may add a late fee penalty of not more than thirty	25465
dollars to the premium plus an additional penalty amount as	25466
follows:	25467

~~(a)~~(i) For a premium from sixty-one to ninety days past due,	25468
the prime interest rate, multiplied by the premium due;	25469

~~(b)~~(ii) For a premium from ninety-one to one hundred twenty	25470
days past due, the prime interest rate plus two per cent,	25471
multiplied by the premium due;	25472

~~(c)~~(iii) For a premium from one hundred twenty-one to one	25473
hundred fifty days past due, the prime interest rate plus four per	25474
cent, multiplied by the premium due;	25475

~~(d)~~(iv) For a premium from one hundred fifty-one to one	25476
hundred eighty days past due, the prime interest rate plus six per	25477
cent, multiplied by the premium due;	25478

~~(e)~~(v) For a premium from one hundred eighty-one to two	25479
hundred ten days past due, the prime interest rate plus eight per	25480
cent, multiplied by the premium due;	25481

~~(f)~~(vi) For each additional thirty-day period or portion	25482
thereof that a premium remains past due after it has remained past	25483
due for more than two hundred ten days, the prime interest rate	25484
plus eight per cent, multiplied by the premium due.	25485

(b) For purposes of division (D)(2)(a) of this section,	25486
"prime interest rate" means the average bank prime rate, and the	25487
administrator shall determine the prime interest rate in the same	25488
manner as a county auditor determines the average bank prime rate	25489
under section 929.02 of the Revised Code.	25490

(c) If an employer fails to pay the premium or assessments	25491
when due for a policy year commencing on or after July 1, 2015,	25492
the administrator may assess a penalty at the interest rate	25493
established by the state tax commissioner pursuant to section	25494
5703.47 of the Revised Code.	25495

(3) Notwithstanding the interest rates specified in division	25496
~~(E)~~(D)(2)(a) or (c) of this section, at no time shall the	25497
additional penalty amount assessed under division ~~(E)~~(D)(2)(a) or	25498
(c) of this section exceed fifteen per cent of the premium due.	25499

(4) If an employer recognized by the administrator as a	25500
professional employer organization fails to make a timely payment	25501
of premiums or assessments as required by section 4123.35 of the	25502
Revised Code, the administrator shall revoke the professional	25503
employer organization's registration pursuant to section 4125.06	25504
of the Revised Code.	25505

(5) An employer may appeal a late fee penalty or additional	25506
penalty to an adjudicating committee pursuant to section 4123.291	25507
of the Revised Code.	25508

~~For purposes of division (E) of this section, "prime interest~~	25509
~~rate" means the average bank prime rate, and the administrator~~	25510
~~shall determine the prime interest rate in the same manner as a~~	25511
~~county auditor determines the average bank prime rate under~~	25512
~~section 929.02 of the Revised Code.~~	25513

~~(5)~~(6) If the employer files an appropriate payroll report,	25514
within the time provided by law ~~or within the time specified by~~	25515
~~the administrator if the period for which the employer paid an~~	25516
~~estimated premium is less than eight months~~, the employer shall	25517
not be in default and division ~~(E)~~(D)(2) of this section shall not	25518
apply if the employer pays the premiums within fifteen days after	25519
being first notified by the administrator of the amount due.	25520

~~(6)~~(7) Any deficiencies in the amounts of the premium	25521
security deposit paid by an employer ~~for any period~~prior to July	25522
1, 2015, shall be subject to an interest charge of six per cent	25523
per annum from the date the premium obligation is incurred. In	25524
determining the interest due on deficiencies in premium security	25525
deposit payments, a charge in each case shall be made against the	25526
employer in an amount equal to interest at the rate of six per	25527
cent per annum on the premium security deposit due but remaining	25528
unpaid sixty days after notice by the administrator.	25529

~~(7)~~(8) Any interest charges or penalties provided for in	25530
divisions ~~(E)~~(D)(2) and ~~(6)~~(7) of this section shall be credited	25531
to the employer's account for rating purposes in the same manner	25532
as premiums.	25533

~~(F)~~(E) A rule providing that each employer, on the occasion	25534
of instituting coverage under this chapter for an effective date	25535
prior to July 1, 2015, shall submit a premium security deposit.	25536
The deposit shall be calculated equivalent to thirty per cent of	25537
the semiannual premium obligation of the employer based upon the	25538
employer's estimated expenditure for wages for the ensuing	25539
six-month period plus thirty per cent of an additional adjustment	25540
period of two months but only up to a maximum of one thousand	25541
dollars and not less than ten dollars. The administrator shall	25542
review the security deposit of every employer who has submitted a	25543
deposit which is less than the one-thousand-dollar maximum. The	25544
administrator may require any such employer to submit additional	25545
money up to the maximum of one thousand dollars that, in the	25546
administrator's opinion, reflects the employer's current payroll	25547
expenditure for an eight-month period.	25548

~~(G)~~(F) A rule providing that each employer, on the occasion	25549
of instituting coverage under this chapter, shall submit an	25550
application fee and an application for coverage that completely	25551
provides all of the information required for the administrator to	25552
establish coverage for that employer, and that the employer's	25553
failure to pay the application fee or to provide all of the	25554
information ~~completely~~requested on the application may be grounds	25555
for the administrator to deny coverage for that employer.	25556

~~(H)~~(G) A rule providing that, in addition to any other	25557
remedies permitted in this chapter, the administrator may	25558
discontinue an employer's coverage if the employer fails to pay	25559
the premium due on or before the premium's due date.	25560

~~(I)~~(H) A rule providing that if after a final adjudication it	25561
is determined that an employer has failed to pay an obligation,	25562
billing, account, or assessment that is greater than one thousand	25563
dollars on or before its due date, the administrator may	25564
discontinue the employer's coverage in addition to any other	25565
remedies permitted in this chapter, and that the administrator	25566
shall not discontinue an employer's coverage pursuant to this	25567
division prior to a final adjudication regarding the employer's	25568
failure to pay such obligation, billing, account, or assessment on	25569
or before its due date.	25570

~~(J)~~(I) As used in divisions (G) and (H) ~~and (I)~~ of this	25571
section:	25572

(1) "Employer" has the same meaning as in ~~division (B) of~~	25573
section 4123.01 of the Revised Code except that "employer" does	25574
not include the state, a state hospital, or a state university or	25575
college.	25576

(2) "State university or college" has the same meaning as in	25577
section 3345.12 of the Revised Code and also includes the Ohio	25578
agricultural research and development center and OSU extension.	25579

(3) "State hospital" means the Ohio state university hospital	25580
and its ancillary facilities and the medical university of Ohio at	25581
Toledo hospital.	25582

Sec. 4123.322. (A) Notwithstanding any provision to the	25583
contrary in section 4123.32 or 4123.41 of the Revised Code, the	25584
administrator of workers' compensation, with the advice and	25585
consent of the bureau of workers' compensation board of directors,	25586
may adopt rules with respect to the collection, maintenance, and	25587
disbursements of the state insurance fund to provide for a system	25588
of prospective payment of workers' compensation premiums. If the	25589
administrator elects to adopt rules establishing a prospective	25590
payment system, those rules shall include all of the following:	25591

(1) ~~A requirement that, notwithstanding section 4123.26 of~~	25592
~~the Revised Code, on or before the thirtieth day of June of each~~	25593
~~year, or such other date as the administrator establishes, every~~	25594
~~employer mentioned in division (B)(2) of section 4123.01 of the~~	25595
~~Revised Code shall file with the bureau of workers' compensation~~	25596
~~an estimate of the employer's payroll for the immediately~~	25597
~~following twelve-month period or other period as the administrator~~	25598
~~establishes;~~	25599

~~(2)~~ A requirement that upon an initial application for	25600
coverage, ana private employer ~~mentioned in division (B)(2) of~~	25601
~~section 4123.01 of the Revised Code~~ shall file with the	25602
application an estimate of the employer's payroll for the	25603
~~unexpired~~ period ~~from the date of application to the period ending~~	25604
~~on the following thirtieth day of June or other date as~~	25605
~~established by~~ the administrator determines pursuant to ~~division~~	25606
~~(A)(1) of this section~~rules the administrator adopts, and shall	25607
pay the amount the administrator determines by rule in order to	25608
establish coverage for the employer as described in division	25609
(B)(12) of section 4121.121 of the Revised Code;	25610

~~(3) A requirement that, notwithstanding section 4123.26 or~~	25611
~~4123.41 of the Revised Code, on or before the first day of January~~	25612
~~of each year, or such other date as the administrator establishes,~~	25613
~~every employer mentioned in division (B)(1) of section 4123.01 of~~	25614
~~the Revised Code, except for a state agency or a state university~~	25615
~~or college, shall file with the bureau an estimate of the~~	25616
~~employer's payroll for the immediately following twelve-month~~	25617
~~period or other period as the administrator establishes;~~	25618

~~(4)~~(2) A requirement that upon an initial application for	25619
coverage, ana public employer ~~mentioned in division (B)(1) of~~	25620
~~section 4123.01 of the Revised Code~~, except for a state agency or	25621
state university or college, shall file with the application an	25622
estimate of the employer's payroll for the ~~unexpired~~ period ~~from~~	25623
~~the date of application to the period ending on the following~~	25624
~~thirty-first day of December or other date as established by~~ the	25625
administrator determines pursuant to ~~division (A)(3) of this~~	25626
~~section~~rules the administrator adopts, and shall pay the amount	25627
the administrator determines by rule in order to establish	25628
coverage for the employer as described in division (B)(12) of	25629
section 4121.121 of the Revised Code;	25630

~~(5) The assessment of a penalty if an employer fails to~~	25631
~~timely file the estimates of payroll required by the rules adopted~~	25632
~~pursuant to this section;~~	25633

~~(6)~~(3) A requirement that an employer complete periodic	25634
payroll reports of actual expenditures for previous coverage	25635
periods for reconciliation with estimated payroll reports;	25636

~~(7)~~(4) The assessment of a penalty for late payroll	25637
reconciliation reports and for late payment of any reconciliation	25638
premium;	25639

~~(8)~~(5) The establishment of a transition period during which	25640
time the bureau shall determine the adequacy of existing premium	25641
security deposits of employers, the establishment of provisions	25642
for additional premium payments during that transition, the	25643
provision of a credit of those deposits toward the first premium	25644
due from an employer under the rules adopted under divisions	25645
(A)(1) to ~~(7)~~(4) of this section, the provision of a transition	25646
credit for employers, and the establishment of penalties for late	25647
payment or failure to comply with the rules.	25648

(B) For purposes of division (A)~~(6)~~(3) of this section, an	25649
employer shall make timely payment of any premium owed when actual	25650
payroll expenditures exceeded estimated payroll, and the employer	25651
shall receive premium credit when the estimated payroll exceeded	25652
the actual payroll.	25653

(C) For purposes of division (A)~~(7)~~(4) of this section, if	25654
the employer's actual payroll substantially exceeds the estimated	25655
payroll, the administrator may assess additional penalties	25656
specified in rules the administrator adopts on the reconciliation	25657
premium.	25658

(D) As used in this section, "state university or college"	25659
has the same meaning as in section 4123.32 of the Revised Code.	25660

Sec. 4123.34. It shall be the duty of the bureau of workers'	25661
compensation board of directors and the administrator of workers'	25662
compensation to safeguard and maintain the solvency of the state	25663
insurance fund and all other funds specified in this chapter and	25664
Chapters 4121., 4127., and 4131. of the Revised Code. The	25665
administrator, in the exercise of the powers and discretion	25666
conferred upon the administrator in section 4123.29 of the Revised	25667
Code, shall fix and maintain, with the advice and consent of the	25668
board, for each class of occupation or industry, the lowest	25669
possible rates of premium consistent with the maintenance of a	25670
solvent state insurance fund and the creation and maintenance of a	25671
reasonable surplus, after the payment of legitimate claims for	25672
injury, occupational disease, and death that the administrator	25673
authorizes to be paid from the state insurance fund for the	25674
benefit of injured, diseased, and the dependents of killed	25675
employees. In establishing rates, the administrator shall take	25676
into account the necessity of ensuring sufficient money is set	25677
aside in the premium payment security fund to cover any defaults	25678
in premium obligations. The administrator shall observe all of the	25679
following requirements in fixing the rates of premium for the	25680
risks of occupations or industries:	25681

(A) The administrator shall keep an accurate account of the	25682
money paid in premiums by each of the several classes of	25683
occupations or industries, and the losses on account of injuries,	25684
occupational disease, and death of employees thereof, and also	25685
keep an account of the money received from each individual	25686
employer and the amount of losses incurred against the state	25687
insurance fund on account of injuries, occupational disease, and	25688
death of the employees of the employer.	25689

(B) A portion of the money paid into the state insurance fund	25690
shall be set aside for the creation of a surplus fund account	25691
within the state insurance fund. Any references in this chapter or	25692
in Chapter 4121., 4125., 4127., or 4131. of the Revised Code to	25693
the surplus fund, the surplus created in this division, the	25694
statutory surplus fund, or the statutory surplus of the state	25695
insurance fund are hereby deemed to be references to the surplus	25696
fund account. The administrator may transfer the portion of the	25697
state insurance fund to the surplus fund account as the	25698
administrator determines is necessary to satisfy the needs of the	25699
surplus fund account and to guarantee the solvency of the state	25700
insurance fund and the surplus fund account. In addition to all	25701
statutory authority under this chapter and Chapter 4121. of the	25702
Revised Code, the administrator has discretionary and contingency	25703
authority to make charges to the surplus fund account. The	25704
administrator shall account for all charges, whether statutory,	25705
discretionary, or contingency, that the administrator may make to	25706
the surplus fund account. A revision of basic rates shall be made	25707
annually on the first day of July.	25708

Notwithstanding any provision of the law to the contrary, one	25709
hundred eighty days after the effective date on which	25710
self-insuring employers first may elect under division (D) of	25711
section 4121.66 of the Revised Code to directly pay for	25712
rehabilitation expenses, the administrator shall calculate the	25713
deficit, if any, in the portion of the surplus fund account that	25714
is used for reimbursement to self-insuring employers for all	25715
expenses other than handicapped reimbursement under section	25716
4123.343 of the Revised Code. The administrator, from time to	25717
time, may determine whether the surplus fund account has such a	25718
deficit and may assess all self-insuring employers who	25719
participated in the portion of the surplus fund account during the	25720
accrual of the deficit and who during that time period have not	25721
made the election under division (D) of section 4121.66 of the	25722
Revised Code the amount the administrator determines necessary to	25723
reduce the deficit.	25724

~~Revisions~~For policy years commencing prior to July 1, 2016,	25725
revisions of basic rates for private employers shall be in	25726
accordance with the oldest four of the last five calendar years of	25727
the combined accident and occupational disease experience of the	25728
administrator in the administration of this chapter, as shown by	25729
the accounts kept as provided in this section~~, excluding~~. For a	25730
policy year commencing on or after July 1, 2016, revisions of	25731
basic rates for private employers shall be in accordance with the	25732
oldest four of the last five policy years combined accident and	25733
occupational disease experience of the administrator in the	25734
administration of this chapter, as shown by the accounts kept as	25735
provided in this section.	25736

Revisions of basic rates for public employers shall be in	25737
accordance with the oldest four of the last five policy years of	25738
the combined accident and occupational disease experience of the	25739
administrator in the administration of this chapter, as shown by	25740
the accounts kept as provided in this section.	25741

In revising basic rates, the administrator shall exclude the	25742
experience of employers that are no longer active if the	25743
administrator determines that the inclusion of those employers	25744
would have a significant negative impact on the remainder of the	25745
employers in a particular manual classification~~; and the~~. The	25746
administrator shall adopt rules, with the advice and consent of	25747
the board, governing rate revisions, the object of which shall be	25748
to make an equitable distribution of losses among the several	25749
classes of occupation or industry, which rules shall be general in	25750
their application.	25751

(C) The administrator may apply that form of rating system	25752
that the administrator finds is best calculated to merit rate or	25753
individually rate the risk more equitably, predicated upon the	25754
basis of its individual industrial accident and occupational	25755
disease experience, and may encourage and stimulate accident	25756
prevention. The administrator shall develop fixed and equitable	25757
rules controlling the rating system, which rules shall conserve to	25758
each risk the basic principles of workers' compensation insurance.	25759

(D) The administrator, from the money paid into the state	25760
insurance fund, shall set aside into an account of the state	25761
insurance fund titled a premium payment security fund sufficient	25762
money to pay for any premiums due from an employer and uncollected	25763
~~that are in excess of the employer's premium security deposit~~.	25764

~~The fund shall be in the custody of the treasurer of state.~~	25765
~~All investment earnings of the fund shall be deposited in the~~	25766
~~fund. Disbursements from the fund shall be made by the bureau of~~	25767
~~workers' compensation upon order of the administrator to the state~~	25768
~~insurance fund.~~ The use of the moneys held by the premium payment	25769
security fund account is restricted to reimbursement to the state	25770
insurance fund of premiums due and uncollected ~~in excess of an~~	25771
~~employer's premium security deposit. The moneys constituting the~~	25772
~~premium payment security fund shall be maintained without regard~~	25773
~~to or reliance upon any other fund. This section does not prevent~~	25774
~~the deposit or investment of the premium payment security fund~~	25775
~~with any other fund created by this chapter, but the premium~~	25776
~~payment security fund is separate and distinct for every other~~	25777
~~purpose and a strict accounting thereof shall be maintained~~.	25778

(E) The administrator may grant discounts on premium rates	25779
for employers who meet either of the following requirements:	25780

(1) Have not incurred a compensable injury for one year or	25781
more and who maintain an employee safety committee or similar	25782
organization or make periodic safety inspections of the workplace.	25783

(2) Successfully complete a loss prevention program	25784
prescribed by the superintendent of the division of safety and	25785
hygiene and conducted by the division or by any other person	25786
approved by the superintendent.	25787

(F)(1) In determining the premium rates for the construction	25788
industry the administrator shall calculate the employers' premiums	25789
based upon the actual remuneration construction industry employees	25790
receive from construction industry employers, provided that the	25791
amount of remuneration the administrator uses in calculating the	25792
premiums shall not exceed an average weekly wage equal to one	25793
hundred fifty per cent of the statewide average weekly wage as	25794
defined in division (C) of section 4123.62 of the Revised Code.	25795

(2) Division (F)(1) of this section shall not be construed as	25796
affecting the manner in which benefits to a claimant are awarded	25797
under this chapter.	25798

(3) As used in division (F) of this section, "construction	25799
industry" includes any activity performed in connection with the	25800
erection, alteration, repair, replacement, renovation,	25801
installation, or demolition of any building, structure, highway,	25802
or bridge.	25803

(G) The administrator ~~of workers' compensation~~ shall not	25804
place a limit on the length of time that an employer may	25805
participate in the bureau of workers' compensation drug free	25806
workplace and workplace safety programs.	25807

Sec. 4123.35. (A) Except as provided in this section, and	25808
until the policy year commencing July 1, 2015, every private	25809
employer ~~mentioned in division (B)(2) of section 4123.01 of the~~	25810
~~Revised Code,~~ and every publicly owned utility shall pay	25811
semiannually in the months of January and July into the state	25812
insurance fund the amount of annual premium the administrator of	25813
workers' compensation fixes for the employment or occupation of	25814
the employer, the amount of which premium to be paid by each	25815
employer to be determined by the classifications, rules, and rates	25816
made and published by the administrator. The employer shall pay	25817
semiannually a further sum of money into the state insurance fund	25818
as may be ascertained to be due from the employer by applying the	25819
rules of the administrator~~, and a~~.	25820

Except as otherwise provided in this section, for a policy	25821
year commencing on or after July 1, 2015, every private employer	25822
and every publicly owned utility shall pay annually in the month	25823
of June immediately preceding the policy year into the state	25824
insurance fund the amount of estimated annual premium the	25825
administrator fixes for the employment or occupation of the	25826
employer, the amount of which estimated premium to be paid by each	25827
employer to be determined by the classifications, rules, and rates	25828
made and published by the administrator. The employer shall pay a	25829
further sum of money into the state insurance fund as may be	25830
ascertained to be due from the employer by applying the rules of	25831
the administrator. Upon receipt of the payroll report required by	25832
division (B) of section 4123.26 of the Revised Code, the	25833
administrator shall adjust the premium and assessments charged to	25834
each employer for the difference between estimated gross payrolls	25835
and actual gross payrolls, and any balance due to the	25836
administrator shall be immediately paid by the employer. Any	25837
balance due the employer shall be credited to the employer's	25838
account.	25839

For a policy year commencing on or after July 1, 2015, each	25840
employer that is recognized by the administrator as a professional	25841
employer organization shall pay monthly into the state insurance	25842
fund the amount of premium the administrator fixes for the	25843
employer for the prior month based on the actual payroll of the	25844
employer reported pursuant to division (C) of section 4123.26 of	25845
the Revised Code.	25846

A receipt ~~or certificate~~ certifying that payment has been	25847
made~~, along with a written notice as is required in section~~	25848
~~4123.54 of the Revised Code,~~ shall be ~~mailed immediately~~issued	25849
to the employer by the bureau of workers' compensation. The	25850
receipt ~~or certificate~~ is prima-facie evidence of the payment of	25851
the premium~~, and the proper~~. The administrator shall provide each	25852
employer written proof of workers' compensation coverage as is	25853
required in section 4123.83 of the Revised Code. Proper posting of	25854
the notice constitutes the employer's compliance with the notice	25855
requirement mandated in section ~~4123.54~~4123.83 of the Revised	25856
Code.	25857

~~If the administrator adopts rules to establish a prospective~~	25858
~~payment of premium under section 4123.322 of the Revised Code,~~	25859
~~every employer mentioned in division (B)(2) of section 4123.01 of~~	25860
~~the Revised Code and every publicly owned utility shall pay into~~	25861
~~the state insurance fund the amount of premium the administrator~~	25862
~~fixes for the employment or occupation of the employer, the amount~~	25863
~~of which premium to be paid by each employer to be determined by~~	25864
~~the classifications, rules, and rates made and published by the~~	25865
~~administrator and based upon the estimates and reconciliations~~	25866
~~required by the rules the administrator adopts under section~~	25867
~~4123.322 of the Revised Code.~~	25868

The bureau ~~of workers' compensation~~ shall verify with the	25869
secretary of state the existence of all corporations and	25870
organizations making application for workers' compensation	25871
coverage and shall require every such application to include the	25872
employer's federal identification number.	25873

AnA private employer ~~as defined in division (B)(2) of~~	25874
~~section 4123.01 of the Revised Code~~ who has contracted with a	25875
subcontractor is liable for the unpaid premium due from any	25876
subcontractor with respect to that part of the payroll of the	25877
subcontractor that is for work performed pursuant to the contract	25878
with the employer.	25879

Division (A) of this section providing for the payment of	25880
premiums semiannually does not apply to any employer who was a	25881
subscriber to the state insurance fund prior to January 1, 1914,	25882
or, until July 1, 2015, who may first become a subscriber to the	25883
fund in any month other than January or July. Instead, the	25884
semiannual premiums shall be paid by those employers from time to	25885
time upon the expiration of the respective periods for which	25886
payments into the fund have been made by them. After July 1, 2015,	25887
an employer who first becomes a subscriber to the fund on any day	25888
other than the first day of July shall pay premiums according to	25889
rules adopted by the administrator, with the advice and consent of	25890
the bureau of workers' compensation board of directors, for the	25891
remainder of the policy year for which the coverage is effective.	25892

The administrator, with the advice and consent of the board,	25893
shall adopt rules to permit employers to make periodic payments of	25894
the ~~semiannual~~ premium and assessment due under this division. The	25895
rules shall include provisions for the assessment of interest	25896
charges, where appropriate, and for the assessment of penalties	25897
when an employer fails to make timely premium payments. The	25898
administrator, in the rules the administrator adopts, may set an	25899
administrative fee for these periodic payments. An employer who	25900
timely pays the amounts due under this division is entitled to all	25901
of the benefits and protections of this chapter. Upon receipt of	25902
payment, the bureau ~~immediately~~ shall ~~mail~~issue a receipt or	25903
~~certificate~~ to the employer certifying that payment has been made,	25904
which receipt is prima-facie evidence of payment. Workers'	25905
compensation coverage under this chapter continues uninterrupted	25906
upon timely receipt of payment under this division.	25907

Every public employer, except public employers that are	25908
self-insuring employers under this section, shall comply with	25909
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in	25910
regard to the contribution of moneys to the public insurance fund.	25911

(B) Employers who will abide by the rules of the	25912
administrator and who may be of sufficient financial ability to	25913
render certain the payment of compensation to injured employees or	25914
the dependents of killed employees, and the furnishing of medical,	25915
surgical, nursing, and hospital attention and services and	25916
medicines, and funeral expenses, equal to or greater than is	25917
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64	25918
to 4123.67 of the Revised Code, and who do not desire to insure	25919
the payment thereof or indemnify themselves against loss sustained	25920
by the direct payment thereof, upon a finding of such facts by the	25921
administrator, may be granted the privilege to pay individually	25922
compensation, and furnish medical, surgical, nursing, and hospital	25923
services and attention and funeral expenses directly to injured	25924
employees or the dependents of killed employees, thereby being	25925
granted status as a self-insuring employer. The administrator may	25926
charge employers who apply for the status as a self-insuring	25927
employer a reasonable application fee to cover the bureau's costs	25928
in connection with processing and making a determination with	25929
respect to an application.	25930

All employers granted status as self-insuring employers shall	25931
demonstrate sufficient financial and administrative ability to	25932
assure that all obligations under this section are promptly met.	25933
The administrator shall deny the privilege where the employer is	25934
unable to demonstrate the employer's ability to promptly meet all	25935
the obligations imposed on the employer by this section.	25936

(1) The administrator shall consider, but is not limited to,	25937
the following factors, where applicable, in determining the	25938
employer's ability to meet all of the obligations imposed on the	25939
employer by this section:	25940

(a) The employer employs a minimum of five hundred employees	25941
in this state;	25942

(b) The employer has operated in this state for a minimum of	25943
two years, provided that an employer who has purchased, acquired,	25944
or otherwise succeeded to the operation of a business, or any part	25945
thereof, situated in this state that has operated for at least two	25946
years in this state, also shall qualify;	25947

(c) Where the employer previously contributed to the state	25948
insurance fund or is a successor employer as defined by bureau	25949
rules, the amount of the buyout, as defined by bureau rules;	25950

(d) The sufficiency of the employer's assets located in this	25951
state to insure the employer's solvency in paying compensation	25952
directly;	25953

(e) The financial records, documents, and data, certified by	25954
a certified public accountant, necessary to provide the employer's	25955
full financial disclosure. The records, documents, and data	25956
include, but are not limited to, balance sheets and profit and	25957
loss history for the current year and previous four years.	25958

(f) The employer's organizational plan for the administration	25959
of the workers' compensation law;	25960

(g) The employer's proposed plan to inform employees of the	25961
change from a state fund insurer to a self-insuring employer, the	25962
procedures the employer will follow as a self-insuring employer,	25963
and the employees' rights to compensation and benefits; and	25964

(h) The employer has either an account in a financial	25965
institution in this state, or if the employer maintains an account	25966
with a financial institution outside this state, ensures that	25967
workers' compensation checks are drawn from the same account as	25968
payroll checks or the employer clearly indicates that payment will	25969
be honored by a financial institution in this state.	25970

The administrator may waive the requirements of divisions	25971
(B)(1)(a) and (b) of this section and the requirement of division	25972
(B)(1)(e) of this section that the financial records, documents,	25973
and data be certified by a certified public accountant. The	25974
administrator shall adopt rules establishing the criteria that an	25975
employer shall meet in order for the administrator to waive the	25976
requirements of divisions (B)(1)(a), (b), and (e) of this section.	25977
Such rules may require additional security of that employer	25978
pursuant to division (E) of section 4123.351 of the Revised Code.	25979

The administrator shall not grant the status of self-insuring	25980
employer to the state, except that the administrator may grant the	25981
status of self-insuring employer to a state institution of higher	25982
education, including its hospitals, that meets the requirements of	25983
division (B)(2) of this section.	25984

(2) When considering the application of a public employer,	25985
except for a board of county commissioners described in division	25986
(G) of section 4123.01 of the Revised Code, a board of a county	25987
hospital, or a publicly owned utility, the administrator shall	25988
verify that the public employer satisfies all of the following	25989
requirements as the requirements apply to that public employer:	25990

(a) For the two-year period preceding application under this	25991
section, the public employer has maintained an unvoted debt	25992
capacity equal to at least two times the amount of the current	25993
annual premium established by the administrator under this chapter	25994
for that public employer for the year immediately preceding the	25995
year in which the public employer makes application under this	25996
section.	25997

(b) For each of the two fiscal years preceding application	25998
under this section, the unreserved and undesignated year-end fund	25999
balance in the public employer's general fund is equal to at least	26000
five per cent of the public employer's general fund revenues for	26001
the fiscal year computed in accordance with generally accepted	26002
accounting principles.	26003

(c) For the five-year period preceding application under this	26004
section, the public employer, to the extent applicable, has	26005
complied fully with the continuing disclosure requirements	26006
established in rules adopted by the United States securities and	26007
exchange commission under 17 C.F.R. 240.15c 2-12.	26008

(d) For the five-year period preceding application under this	26009
section, the public employer has not had its local government fund	26010
distribution withheld on account of the public employer being	26011
indebted or otherwise obligated to the state.	26012

(e) For the five-year period preceding application under this	26013
section, the public employer has not been under a fiscal watch or	26014
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03	26015
of the Revised Code.	26016

(f) For the public employer's fiscal year preceding	26017
application under this section, the public employer has obtained	26018
an annual financial audit as required under section 117.10 of the	26019
Revised Code, which has been released by the auditor of state	26020
within seven months after the end of the public employer's fiscal	26021
year.	26022

(g) On the date of application, the public employer holds a	26023
debt rating of Aa3 or higher according to Moody's investors	26024
service, inc., or a comparable rating by an independent rating	26025
agency similar to Moody's investors service, inc.	26026

(h) The public employer agrees to generate an annual	26027
accumulating book reserve in its financial statements reflecting	26028
an actuarially generated reserve adequate to pay projected claims	26029
under this chapter for the applicable period of time, as	26030
determined by the administrator.	26031

(i) For a public employer that is a hospital, the public	26032
employer shall submit audited financial statements showing the	26033
hospital's overall liquidity characteristics, and the	26034
administrator shall determine, on an individual basis, whether the	26035
public employer satisfies liquidity standards equivalent to the	26036
liquidity standards of other public employers.	26037

(j) Any additional criteria that the administrator adopts by	26038
rule pursuant to division (E) of this section.	26039

The administrator may adopt rules establishing the criteria	26040
that a public employer shall satisfy in order for the	26041
administrator to waive any of the requirements listed in divisions	26042
(B)(2)(a) to (j) of this section. The rules may require additional	26043
security from that employer pursuant to division (E) of section	26044
4123.351 of the Revised Code. The administrator shall not waive	26045
any of the requirements listed in divisions (B)(2)(a) to (j) of	26046
this section for a public employer who does not satisfy the	26047
criteria established in the rules the administrator adopts.	26048

(C) A board of county commissioners described in division (G)	26049
of section 4123.01 of the Revised Code, as an employer, that will	26050
abide by the rules of the administrator and that may be of	26051
sufficient financial ability to render certain the payment of	26052
compensation to injured employees or the dependents of killed	26053
employees, and the furnishing of medical, surgical, nursing, and	26054
hospital attention and services and medicines, and funeral	26055
expenses, equal to or greater than is provided for in sections	26056
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised	26057
Code, and that does not desire to insure the payment thereof or	26058
indemnify itself against loss sustained by the direct payment	26059
thereof, upon a finding of such facts by the administrator, may be	26060
granted the privilege to pay individually compensation, and	26061
furnish medical, surgical, nursing, and hospital services and	26062
attention and funeral expenses directly to injured employees or	26063
the dependents of killed employees, thereby being granted status	26064
as a self-insuring employer. The administrator may charge a board	26065
of county commissioners described in division (G) of section	26066
4123.01 of the Revised Code that applies for the status as a	26067
self-insuring employer a reasonable application fee to cover the	26068
bureau's costs in connection with processing and making a	26069
determination with respect to an application. All employers	26070
granted such status shall demonstrate sufficient financial and	26071
administrative ability to assure that all obligations under this	26072
section are promptly met. The administrator shall deny the	26073
privilege where the employer is unable to demonstrate the	26074
employer's ability to promptly meet all the obligations imposed on	26075
the employer by this section. The administrator shall consider,	26076
but is not limited to, the following factors, where applicable, in	26077
determining the employer's ability to meet all of the obligations	26078
imposed on the board as an employer by this section:	26079

(1) The board as an employer employs a minimum of five	26080
hundred employees in this state;	26081

(2) The board has operated in this state for a minimum of two	26082
years;	26083

(3) Where the board previously contributed to the state	26084
insurance fund or is a successor employer as defined by bureau	26085
rules, the amount of the buyout, as defined by bureau rules;	26086

(4) The sufficiency of the board's assets located in this	26087
state to insure the board's solvency in paying compensation	26088
directly;	26089

(5) The financial records, documents, and data, certified by	26090
a certified public accountant, necessary to provide the board's	26091
full financial disclosure. The records, documents, and data	26092
include, but are not limited to, balance sheets and profit and	26093
loss history for the current year and previous four years.	26094

(6) The board's organizational plan for the administration of	26095
the workers' compensation law;	26096

(7) The board's proposed plan to inform employees of the	26097
proposed self-insurance, the procedures the board will follow as a	26098
self-insuring employer, and the employees' rights to compensation	26099
and benefits;	26100

(8) The board has either an account in a financial	26101
institution in this state, or if the board maintains an account	26102
with a financial institution outside this state, ensures that	26103
workers' compensation checks are drawn from the same account as	26104
payroll checks or the board clearly indicates that payment will be	26105
honored by a financial institution in this state;	26106

(9) The board shall provide the administrator a surety bond	26107
in an amount equal to one hundred twenty-five per cent of the	26108
projected losses as determined by the administrator.	26109

(D) The administrator shall require a surety bond from all	26110
self-insuring employers, issued pursuant to section 4123.351 of	26111
the Revised Code, that is sufficient to compel, or secure to	26112
injured employees, or to the dependents of employees killed, the	26113
payment of compensation and expenses, which shall in no event be	26114
less than that paid or furnished out of the state insurance fund	26115
in similar cases to injured employees or to dependents of killed	26116
employees whose employers contribute to the fund, except when an	26117
employee of the employer, who has suffered the loss of a hand,	26118
arm, foot, leg, or eye prior to the injury for which compensation	26119
is to be paid, and thereafter suffers the loss of any other of the	26120
members as the result of any injury sustained in the course of and	26121
arising out of the employee's employment, the compensation to be	26122
paid by the self-insuring employer is limited to the disability	26123
suffered in the subsequent injury, additional compensation, if	26124
any, to be paid by the bureau out of the surplus created by	26125
section 4123.34 of the Revised Code.	26126

(E) In addition to the requirements of this section, the	26127
administrator shall make and publish rules governing the manner of	26128
making application and the nature and extent of the proof required	26129
to justify a finding of fact by the administrator as to granting	26130
the status of a self-insuring employer, which rules shall be	26131
general in their application, one of which rules shall provide	26132
that all self-insuring employers shall pay into the state	26133
insurance fund such amounts as are required to be credited to the	26134
surplus fund in division (B) of section 4123.34 of the Revised	26135
Code. The administrator may adopt rules establishing requirements	26136
in addition to the requirements described in division (B)(2) of	26137
this section that a public employer shall meet in order to qualify	26138
for self-insuring status.	26139

Employers shall secure directly from the bureau central	26140
offices application forms upon which the bureau shall stamp a	26141
designating number. Prior to submission of an application, an	26142
employer shall make available to the bureau, and the bureau shall	26143
review, the information described in division (B)(1) of this	26144
section, and public employers shall make available, and the bureau	26145
shall review, the information necessary to verify whether the	26146
public employer meets the requirements listed in division (B)(2)	26147
of this section. An employer shall file the completed application	26148
forms with an application fee, which shall cover the costs of	26149
processing the application, as established by the administrator,	26150
by rule, with the bureau at least ninety days prior to the	26151
effective date of the employer's new status as a self-insuring	26152
employer. The application form is not deemed complete until all	26153
the required information is attached thereto. The bureau shall	26154
only accept applications that contain the required information.	26155

(F) The bureau shall review completed applications within a	26156
reasonable time. If the bureau determines to grant an employer the	26157
status as a self-insuring employer, the bureau shall issue a	26158
statement, containing its findings of fact, that is prepared by	26159
the bureau and signed by the administrator. If the bureau	26160
determines not to grant the status as a self-insuring employer,	26161
the bureau shall notify the employer of the determination and	26162
require the employer to continue to pay its full premium into the	26163
state insurance fund. The administrator also shall adopt rules	26164
establishing a minimum level of performance as a criterion for	26165
granting and maintaining the status as a self-insuring employer	26166
and fixing time limits beyond which failure of the self-insuring	26167
employer to provide for the necessary medical examinations and	26168
evaluations may not delay a decision on a claim.	26169

(G) The administrator shall adopt rules setting forth	26170
procedures for auditing the program of self-insuring employers.	26171
The bureau shall conduct the audit upon a random basis or whenever	26172
the bureau has grounds for believing that a self-insuring employer	26173
is not in full compliance with bureau rules or this chapter.	26174

The administrator shall monitor the programs conducted by	26175
self-insuring employers, to ensure compliance with bureau	26176
requirements and for that purpose, shall develop and issue to	26177
self-insuring employers standardized forms for use by the	26178
self-insuring employer in all aspects of the self-insuring	26179
employers' direct compensation program and for reporting of	26180
information to the bureau.	26181

The bureau shall receive and transmit to the self-insuring	26182
employer all complaints concerning any self-insuring employer. In	26183
the case of a complaint against a self-insuring employer, the	26184
administrator shall handle the complaint through the	26185
self-insurance division of the bureau. The bureau shall maintain a	26186
file by employer of all complaints received that relate to the	26187
employer. The bureau shall evaluate each complaint and take	26188
appropriate action.	26189

The administrator shall adopt as a rule a prohibition against	26190
any self-insuring employer from harassing, dismissing, or	26191
otherwise disciplining any employee making a complaint, which rule	26192
shall provide for a financial penalty to be levied by the	26193
administrator payable by the offending self-insuring employer.	26194

(H) For the purpose of making determinations as to whether to	26195
grant status as a self-insuring employer, the administrator may	26196
subscribe to and pay for a credit reporting service that offers	26197
financial and other business information about individual	26198
employers. The costs in connection with the bureau's subscription	26199
or individual reports from the service about an applicant may be	26200
included in the application fee charged employers under this	26201
section.	26202

(I) The administrator, notwithstanding other provisions of	26203
this chapter, may permit a self-insuring employer to resume	26204
payment of premiums to the state insurance fund with appropriate	26205
credit modifications to the employer's basic premium rate as such	26206
rate is determined pursuant to section 4123.29 of the Revised	26207
Code.	26208

(J) On the first day of July of each year, the administrator	26209
shall calculate separately each self-insuring employer's	26210
assessments for the safety and hygiene fund, administrative costs	26211
pursuant to section 4123.342 of the Revised Code, and for the	26212
portion of the surplus fund under division (B) of section 4123.34	26213
of the Revised Code that is not used for handicapped	26214
reimbursement, on the basis of the paid compensation attributable	26215
to the individual self-insuring employer according to the	26216
following calculation:	26217

(1) The total assessment against all self-insuring employers	26218
as a class for each fund and for the administrative costs for the	26219
year that the assessment is being made, as determined by the	26220
administrator, divided by the total amount of paid compensation	26221
for the previous calendar year attributable to all amenable	26222
self-insuring employers;	26223

(2) Multiply the quotient in division (J)(1) of this section	26224
by the total amount of paid compensation for the previous calendar	26225
year that is attributable to the individual self-insuring employer	26226
for whom the assessment is being determined. Each self-insuring	26227
employer shall pay the assessment that results from this	26228
calculation, unless the assessment resulting from this calculation	26229
falls below a minimum assessment, which minimum assessment the	26230
administrator shall determine on the first day of July of each	26231
year with the advice and consent of the bureau of workers'	26232
compensation board of directors, in which event, the self-insuring	26233
employer shall pay the minimum assessment.	26234

In determining the total amount due for the total assessment	26235
against all self-insuring employers as a class for each fund and	26236
the administrative assessment, the administrator shall reduce	26237
proportionately the total for each fund and assessment by the	26238
amount of money in the self-insurance assessment fund as of the	26239
date of the computation of the assessment.	26240

The administrator shall calculate the assessment for the	26241
portion of the surplus fund under division (B) of section 4123.34	26242
of the Revised Code that is used for handicapped reimbursement in	26243
the same manner as set forth in divisions (J)(1) and (2) of this	26244
section except that the administrator shall calculate the total	26245
assessment for this portion of the surplus fund only on the basis	26246
of those self-insuring employers that retain participation in the	26247
handicapped reimbursement program and the individual self-insuring	26248
employer's proportion of paid compensation shall be calculated	26249
only for those self-insuring employers who retain participation in	26250
the handicapped reimbursement program. The administrator, as the	26251
administrator determines appropriate, may determine the total	26252
assessment for the handicapped portion of the surplus fund in	26253
accordance with sound actuarial principles.	26254

The administrator shall calculate the assessment for the	26255
portion of the surplus fund under division (B) of section 4123.34	26256
of the Revised Code that under division (D) of section 4121.66 of	26257
the Revised Code is used for rehabilitation costs in the same	26258
manner as set forth in divisions (J)(1) and (2) of this section,	26259
except that the administrator shall calculate the total assessment	26260
for this portion of the surplus fund only on the basis of those	26261
self-insuring employers who have not made the election to make	26262
payments directly under division (D) of section 4121.66 of the	26263
Revised Code and an individual self-insuring employer's proportion	26264
of paid compensation only for those self-insuring employers who	26265
have not made that election.	26266

The administrator shall calculate the assessment for the	26267
portion of the surplus fund under division (B) of section 4123.34	26268
of the Revised Code that is used for reimbursement to a	26269
self-insuring employer under division (H) of section 4123.512 of	26270
the Revised Code in the same manner as set forth in divisions	26271
(J)(1) and (2) of this section except that the administrator shall	26272
calculate the total assessment for this portion of the surplus	26273
fund only on the basis of those self-insuring employers that	26274
retain participation in reimbursement to the self-insuring	26275
employer under division (H) of section 4123.512 of the Revised	26276
Code and the individual self-insuring employer's proportion of	26277
paid compensation shall be calculated only for those self-insuring	26278
employers who retain participation in reimbursement to the	26279
self-insuring employer under division (H) of section 4123.512 of	26280
the Revised Code.	26281

An employer who no longer is a self-insuring employer in this	26282
state or who no longer is operating in this state, shall continue	26283
to pay assessments for administrative costs and for the portion of	26284
the surplus fund under division (B) of section 4123.34 of the	26285
Revised Code that is not used for handicapped reimbursement, based	26286
upon paid compensation attributable to claims that occurred while	26287
the employer was a self-insuring employer within this state.	26288

(K) There is hereby created in the state treasury the	26289
self-insurance assessment fund. All investment earnings of the	26290
fund shall be deposited in the fund. The administrator shall use	26291
the money in the self-insurance assessment fund only for	26292
administrative costs as specified in section 4123.341 of the	26293
Revised Code.	26294

(L) Every self-insuring employer shall certify, in affidavit	26295
form subject to the penalty for perjury, to the bureau the amount	26296
of the self-insuring employer's paid compensation for the previous	26297
calendar year. In reporting paid compensation paid for the	26298
previous year, a self-insuring employer shall exclude from the	26299
total amount of paid compensation any reimbursement the	26300
self-insuring employer receives in the previous calendar year from	26301
the surplus fund pursuant to section 4123.512 of the Revised Code	26302
for any paid compensation. The self-insuring employer also shall	26303
exclude from the paid compensation reported any amount recovered	26304
under section 4123.931 of the Revised Code and any amount that is	26305
determined not to have been payable to or on behalf of a claimant	26306
in any final administrative or judicial proceeding. The	26307
self-insuring employer shall exclude such amounts from the paid	26308
compensation reported in the reporting period subsequent to the	26309
date the determination is made. The administrator shall adopt	26310
rules, in accordance with Chapter 119. of the Revised Code, that	26311
provide for all of the following:	26312

(1) Establishing the date by which self-insuring employers	26313
must submit such information and the amount of the assessments	26314
provided for in division (J) of this section for employers who	26315
have been granted self-insuring status within the last calendar	26316
year;	26317

(2) If an employer fails to pay the assessment when due, the	26318
administrator may add a late fee penalty of not more than five	26319
hundred dollars to the assessment plus an additional penalty	26320
amount as follows:	26321

(a) For an assessment from sixty-one to ninety days past due,	26322
the prime interest rate, multiplied by the assessment due;	26323

(b) For an assessment from ninety-one to one hundred twenty	26324
days past due, the prime interest rate plus two per cent,	26325
multiplied by the assessment due;	26326

(c) For an assessment from one hundred twenty-one to one	26327
hundred fifty days past due, the prime interest rate plus four per	26328
cent, multiplied by the assessment due;	26329

(d) For an assessment from one hundred fifty-one to one	26330
hundred eighty days past due, the prime interest rate plus six per	26331
cent, multiplied by the assessment due;	26332

(e) For an assessment from one hundred eighty-one to two	26333
hundred ten days past due, the prime interest rate plus eight per	26334
cent, multiplied by the assessment due;	26335

(f) For each additional thirty-day period or portion thereof	26336
that an assessment remains past due after it has remained past due	26337
for more than two hundred ten days, the prime interest rate plus	26338
eight per cent, multiplied by the assessment due.	26339

(3) An employer may appeal a late fee penalty and penalty	26340
assessment to the administrator.	26341

For purposes of division (L)(2) of this section, "prime	26342
interest rate" means the average bank prime rate, and the	26343
administrator shall determine the prime interest rate in the same	26344
manner as a county auditor determines the average bank prime rate	26345
under section 929.02 of the Revised Code.	26346

The administrator shall include any assessment and penalties	26347
that remain unpaid for previous assessment periods in the	26348
calculation and collection of any assessments due under this	26349
division or division (J) of this section.	26350

(M) As used in this section, "paid compensation" means all	26351
amounts paid by a self-insuring employer for living maintenance	26352
benefits, all amounts for compensation paid pursuant to sections	26353
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and	26354
4123.64 of the Revised Code, all amounts paid as wages in lieu of	26355
such compensation, all amounts paid in lieu of such compensation	26356
under a nonoccupational accident and sickness program fully funded	26357
by the self-insuring employer, and all amounts paid by a	26358
self-insuring employer for a violation of a specific safety	26359
standard pursuant to Section 35 of Article II, Ohio Constitution	26360
and section 4121.47 of the Revised Code.	26361

(N) Should any section of this chapter or Chapter 4121. of	26362
the Revised Code providing for self-insuring employers'	26363
assessments based upon compensation paid be declared	26364
unconstitutional by a final decision of any court, then that	26365
section of the Revised Code declared unconstitutional shall revert	26366
back to the section in existence prior to November 3, 1989,	26367
providing for assessments based upon payroll.	26368

(O) The administrator may grant a self-insuring employer the	26369
privilege to self-insure a construction project entered into by	26370
the self-insuring employer that is scheduled for completion within	26371
six years after the date the project begins, and the total cost of	26372
which is estimated to exceed one hundred million dollars or, for	26373
employers described in division (R) of this section, if the	26374
construction project is estimated to exceed twenty-five million	26375
dollars. The administrator may waive such cost and time criteria	26376
and grant a self-insuring employer the privilege to self-insure a	26377
construction project regardless of the time needed to complete the	26378
construction project and provided that the cost of the	26379
construction project is estimated to exceed fifty million dollars.	26380
A self-insuring employer who desires to self-insure a construction	26381
project shall submit to the administrator an application listing	26382
the dates the construction project is scheduled to begin and end,	26383
the estimated cost of the construction project, the contractors	26384
and subcontractors whose employees are to be self-insured by the	26385
self-insuring employer, the provisions of a safety program that is	26386
specifically designed for the construction project, and a	26387
statement as to whether a collective bargaining agreement	26388
governing the rights, duties, and obligations of each of the	26389
parties to the agreement with respect to the construction project	26390
exists between the self-insuring employer and a labor	26391
organization.	26392

A self-insuring employer may apply to self-insure the	26393
employees of either of the following:	26394

(1) All contractors and subcontractors who perform labor or	26395
work or provide materials for the construction project;	26396

(2) All contractors and, at the administrator's discretion, a	26397
substantial number of all the subcontractors who perform labor or	26398
work or provide materials for the construction project.	26399

Upon approval of the application, the administrator shall	26400
mail a certificate granting the privilege to self-insure the	26401
construction project to the self-insuring employer. The	26402
certificate shall contain the name of the self-insuring employer	26403
and the name, address, and telephone number of the self-insuring	26404
employer's representatives who are responsible for administering	26405
workers' compensation claims for the construction project. The	26406
self-insuring employer shall post the certificate in a conspicuous	26407
place at the site of the construction project.	26408

The administrator shall maintain a record of the contractors	26409
and subcontractors whose employees are covered under the	26410
certificate issued to the self-insured employer. A self-insuring	26411
employer immediately shall notify the administrator when any	26412
contractor or subcontractor is added or eliminated from inclusion	26413
under the certificate.	26414

Upon approval of the application, the self-insuring employer	26415
is responsible for the administration and payment of all claims	26416
under this chapter and Chapter 4121. of the Revised Code for the	26417
employees of the contractor and subcontractors covered under the	26418
certificate who receive injuries or are killed in the course of	26419
and arising out of employment on the construction project, or who	26420
contract an occupational disease in the course of employment on	26421
the construction project. For purposes of this chapter and Chapter	26422
4121. of the Revised Code, a claim that is administered and paid	26423
in accordance with this division is considered a claim against the	26424
self-insuring employer listed in the certificate. A contractor or	26425
subcontractor included under the certificate shall report to the	26426
self-insuring employer listed in the certificate, all claims that	26427
arise under this chapter and Chapter 4121. of the Revised Code in	26428
connection with the construction project for which the certificate	26429
is issued.	26430

A self-insuring employer who complies with this division is	26431
entitled to the protections provided under this chapter and	26432
Chapter 4121. of the Revised Code with respect to the employees of	26433
the contractors and subcontractors covered under a certificate	26434
issued under this division for death or injuries that arise out	26435
of, or death, injuries, or occupational diseases that arise in the	26436
course of, those employees' employment on that construction	26437
project, as if the employees were employees of the self-insuring	26438
employer, provided that the self-insuring employer also complies	26439
with this section. No employee of the contractors and	26440
subcontractors covered under a certificate issued under this	26441
division shall be considered the employee of the self-insuring	26442
employer listed in that certificate for any purposes other than	26443
this chapter and Chapter 4121. of the Revised Code. Nothing in	26444
this division gives a self-insuring employer authority to control	26445
the means, manner, or method of employment of the employees of the	26446
contractors and subcontractors covered under a certificate issued	26447
under this division.	26448

The contractors and subcontractors included under a	26449
certificate issued under this division are entitled to the	26450
protections provided under this chapter and Chapter 4121. of the	26451
Revised Code with respect to the contractor's or subcontractor's	26452
employees who are employed on the construction project which is	26453
the subject of the certificate, for death or injuries that arise	26454
out of, or death, injuries, or occupational diseases that arise in	26455
the course of, those employees' employment on that construction	26456
project.	26457

The contractors and subcontractors included under a	26458
certificate issued under this division shall identify in their	26459
payroll records the employees who are considered the employees of	26460
the self-insuring employer listed in that certificate for purposes	26461
of this chapter and Chapter 4121. of the Revised Code, and the	26462
amount that those employees earned for employment on the	26463
construction project that is the subject of that certificate.	26464
Notwithstanding any provision to the contrary under this chapter	26465
and Chapter 4121. of the Revised Code, the administrator shall	26466
exclude the payroll that is reported for employees who are	26467
considered the employees of the self-insuring employer listed in	26468
that certificate, and that the employees earned for employment on	26469
the construction project that is the subject of that certificate,	26470
when determining those contractors' or subcontractors' premiums or	26471
assessments required under this chapter and Chapter 4121. of the	26472
Revised Code. A self-insuring employer issued a certificate under	26473
this division shall include in the amount of paid compensation it	26474
reports pursuant to division (L) of this section, the amount of	26475
paid compensation the self-insuring employer paid pursuant to this	26476
division for the previous calendar year.	26477

Nothing in this division shall be construed as altering the	26478
rights of employees under this chapter and Chapter 4121. of the	26479
Revised Code as those rights existed prior to September 17, 1996.	26480
Nothing in this division shall be construed as altering the rights	26481
devolved under sections 2305.31 and 4123.82 of the Revised Code as	26482
those rights existed prior to September 17, 1996.	26483

As used in this division, "privilege to self-insure a	26484
construction project" means privilege to pay individually	26485
compensation, and to furnish medical, surgical, nursing, and	26486
hospital services and attention and funeral expenses directly to	26487
injured employees or the dependents of killed employees.	26488

(P) A self-insuring employer whose application is granted	26489
under division (O) of this section shall designate a safety	26490
professional to be responsible for the administration and	26491
enforcement of the safety program that is specifically designed	26492
for the construction project that is the subject of the	26493
application.	26494

A self-insuring employer whose application is granted under	26495
division (O) of this section shall employ an ombudsperson for the	26496
construction project that is the subject of the application. The	26497
ombudsperson shall have experience in workers' compensation or the	26498
construction industry, or both. The ombudsperson shall perform all	26499
of the following duties:	26500

(1) Communicate with and provide information to employees who	26501
are injured in the course of, or whose injury arises out of	26502
employment on the construction project, or who contract an	26503
occupational disease in the course of employment on the	26504
construction project;	26505

(2) Investigate the status of a claim upon the request of an	26506
employee to do so;	26507

(3) Provide information to claimants, third party	26508
administrators, employers, and other persons to assist those	26509
persons in protecting their rights under this chapter and Chapter	26510
4121. of the Revised Code.	26511

A self-insuring employer whose application is granted under	26512
division (O) of this section shall post the name of the safety	26513
professional and the ombudsperson and instructions for contacting	26514
the safety professional and the ombudsperson in a conspicuous	26515
place at the site of the construction project.	26516

(Q) The administrator may consider all of the following when	26517
deciding whether to grant a self-insuring employer the privilege	26518
to self-insure a construction project as provided under division	26519
(O) of this section:	26520

(1) Whether the self-insuring employer has an organizational	26521
plan for the administration of the workers' compensation law;	26522

(2) Whether the safety program that is specifically designed	26523
for the construction project provides for the safety of employees	26524
employed on the construction project, is applicable to all	26525
contractors and subcontractors who perform labor or work or	26526
provide materials for the construction project, and has as a	26527
component, a safety training program that complies with standards	26528
adopted pursuant to the "Occupational Safety and Health Act of	26529
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing	26530
management and employee involvement;	26531

(3) Whether granting the privilege to self-insure the	26532
construction project will reduce the costs of the construction	26533
project;	26534

(4) Whether the self-insuring employer has employed an	26535
ombudsperson as required under division (P) of this section;	26536

(5) Whether the self-insuring employer has sufficient surety	26537
to secure the payment of claims for which the self-insuring	26538
employer would be responsible pursuant to the granting of the	26539
privilege to self-insure a construction project under division (O)	26540
of this section.	26541

(R) As used in divisions (O), (P), and (Q), "self-insuring	26542
employer" includes the following employers, whether or not they	26543
have been granted the status of being a self-insuring employer	26544
under division (B) of this section:	26545

(1) A state institution of higher education;

26546

(2) A school district;

26547

(3) A county school financing district;

26548

(4) An educational service center;

26549

(5) A community school established under Chapter 3314. of the	26550
Revised Code;	26551

(6) A municipal power agency as defined in section 3734.058	26552
of the Revised Code.	26553

(S) As used in this section:

26554

(1) "Unvoted debt capacity" means the amount of money that a	26555
public employer may borrow without voter approval of a tax levy;	26556

(2) "State institution of higher education" means the state	26557
universities listed in section 3345.011 of the Revised Code,	26558
community colleges created pursuant to Chapter 3354. of the	26559
Revised Code, university branches created pursuant to Chapter	26560
3355. of the Revised Code, technical colleges created pursuant to	26561
Chapter 3357. of the Revised Code, and state community colleges	26562
created pursuant to Chapter 3358. of the Revised Code.	26563

Sec. 4123.353. (A) A public employer, except for a board of	26564
county commissioners described in division (G) of section 4123.01	26565
of the Revised Code, a board of a county hospital, or a publicly	26566
owned utility, who is granted the status of self-insuring employer	26567
pursuant to section 4123.35 of the Revised Code shall do all of	26568
the following:	26569

(1) Reserve funds as necessary, in accordance with sound and	26570
prudent actuarial judgment, to cover the costs the public employer	26571
may potentially incur to remain in compliance with this chapter	26572
and Chapter 4121. of the Revised Code;	26573

(2) Include all activity under this chapter and Chapter 4121.	26574
of the Revised Code in a single fund on the public employer's	26575
accounting records;	26576

(3) Within ninety days after the last day of each fiscal	26577
year, prepare and maintain a report of the reserved funds	26578
described in division (A)(1) of this section and disbursements	26579
made from those reserved funds;	26580

~~(4) Within ninety days after the last day of each fiscal~~	26581
~~year, obtain a written report prepared by a member of the American~~	26582
~~academy of actuaries, certifying whether the reserved funds~~	26583
~~described in division (A)(1) of this section are sufficient to~~	26584
~~cover the costs the public employer may potentially incur to~~	26585
~~remain in compliance with this chapter and Chapter 4121. of the~~	26586
~~Revised Code, are computed in accordance with accepted loss~~	26587
~~reserving standards, and are fairly stated in accordance with~~	26588
~~sound loss reserving principles~~.	26589

(B) A public employer who is subject to division (A) of this	26590
section shall make the reports required by that division available	26591
for inspection by the administrator of workers' compensation and	26592
any other person at all reasonable times during regular business	26593
hours.	26594

Sec. 4123.36. Whenever an employer fails to pay a premium	26595
due,and the administrator of workers' compensation determines the	26596
employer's account to be uncollectible, the administrator shall	26597
cover the default ~~in excess of the employer's premium security~~	26598
~~deposit~~ by transfer of money from the premium payment security	26599
fund account to the state insurance fund. ~~The transfer establishes~~	26600
~~coverage of the employer for the immediately completed six-month~~	26601
~~period together with the ensuing two-month adjustment period and~~	26602
~~the employer is not liable to respond in damages at common law or~~	26603
~~by statute for injuries or death of any employees wherever~~	26604
~~occurring during that eight-month period. Payments from the~~	26605
~~premium payment security fund may not be used to cover a default~~	26606
~~of an employer with respect to any period longer than eight~~	26607
~~months.~~ Thereafter, the employer shall be considered a	26608
noncomplying employer under this chapter and shall not be entitled	26609
to the benefits and protection of this chapter ~~until the employer~~	26610
~~again establishes coverage pursuant to this chapter through~~	26611
~~reimbursement to the premium payment security fund for the money~~	26612
~~paid to the state insurance fund, on account of the default,~~	26613
~~payment of any semiannual premium obligations due but in default,~~	26614
~~and submission of a new premium security deposit pursuant to~~	26615
~~section 4123.32 of the Revised Code~~.	26616

Sec. 4123.37. In this section "amenable employer" has the	26617
same meaning as "employer" as defined in division ~~(J)~~(I) of	26618
section 4123.32 of the Revised Code.	26619

If the administrator of workers' compensation finds that any	26620
person, firm, or private corporation, including any public service	26621
corporation, is, or has been at any time after January 1, 1923, an	26622
amenable employer and has not complied with section 4123.35 of the	26623
Revised Code the administrator shall determine the period during	26624
which the person, firm, or corporation was an amenable employer	26625
and shall forthwith give notice of the determination to the	26626
employer. Within twenty days thereafter the employer shall furnish	26627
the bureau with the payroll covering the period included in the	26628
determination and, if the employer is an amenable employer at the	26629
time of the determination, ~~shall pay a premium security deposit~~	26630
~~for the eight months next succeeding the date of the determination~~	26631
~~and~~ shall pay into the state insurance fund the amount of premium	26632
and assessments applicable to such payroll. If the administrator	26633
determines that the employer is an amenable employer prior to the	26634
policy year commencing July 1, 2015, the administrator may require	26635
the employer to pay a premium security deposit.	26636

If the employer does not furnish the payroll and pay the	26637
applicable premium, assessments, and, if applicable, the premium	26638
security deposit within the twenty days, the administrator shall	26639
forthwith make an assessment of the ~~premium~~amounts due from the	26640
employer for the period the administrator determined the employer	26641
to be an amenable employer ~~including the premium security deposit~~	26642
~~according to section 4123.32 of the Revised Code~~ if the employer	26643
is an amenable employer at the time of the determination, basing	26644
the assessment upon the information in the possession of the	26645
administrator.	26646

The administrator shall give to the employer assessed written	26647
notice of the assessment. The notice shall be mailed to the	26648
employer at the employer's residence or usual place of business by	26649
certified mail. Unless the employer to whom the notice of	26650
assessment is directed files with the bureau within twenty days	26651
after receipt thereof, a petition in writing, verified under oath	26652
by the employer, or the employer's authorized agent having	26653
knowledge of the facts, setting forth with particularity the items	26654
of the assessment objected to, together with the reason for the	26655
objections, the assessment shall become conclusive and the amount	26656
thereof shall be due and payable from the employer so assessed to	26657
the state insurance fund. When a petition objecting to an	26658
assessment is filed the bureau shall assign a time and place for	26659
the hearing of the same and shall notify the petitioner thereof by	26660
certified mail. When an employer files a petition the assessment	26661
made by the administrator shall become due and payable ten days	26662
after notice of the finding made at the hearing has been sent by	26663
certified mail to the party assessed. An appeal may be taken from	26664
any finding to the court of common pleas of Franklin county upon	26665
the execution by the party assessed of a bond to the state in	26666
double the amount found due and ordered paid by the bureau	26667
conditioned that the party will pay any judgment and costs	26668
rendered against it for the premium.	26669

When no petition objecting to an assessment is filed or when	26670
a finding is made affirming or modifying an assessment after	26671
hearing, a certified copy of the assessment as affirmed or	26672
modified may be filed by the administrator in the office of the	26673
clerk of the court of common pleas in any county in which the	26674
employer has property or in which the employer has a place of	26675
business. The clerk, immediately upon the filing of the	26676
assessment, shall enter a judgment for the state against the	26677
employer in the amount shown on the assessment. The judgment may	26678
be filed by the clerk in a loose leaf book entitled "special	26679
judgments for state insurance fund." The judgment shall bear the	26680
same rate of interest, have the same effect as other judgments,	26681
and be given the same preference allowed by law on other judgments	26682
rendered for claims for taxes. An assessment or judgment under	26683
this section shall not be a bar to the adjustment of the	26684
employer's account upon the employer furnishing the employer's	26685
payroll records to the bureau.	26686

The administrator, for good cause shown, may waive a default	26687
in the payment of premium where the default is of less than sixty	26688
days' duration, and upon payment by the employer of the premium	26689
for the period, the employer and the employer's employees are	26690
entitled to all of the benefits and immunities provided by this	26691
chapter.	26692

Sec. 4123.40. On or before the first day of July of every	26693
year, the administrator of workers' compensation shall estimate	26694
the gross payroll of all state employers for the succeeding	26695
biennium or fiscal year.	26696

The administrator shall determine and certify for the office	26697
of budget and management that rate or rates which, when applied to	26698
the gross payroll estimate, will produce an amount equal to the	26699
estimated cost of awards or claim payments to be made during the	26700
like fiscal period, as determined by the administrator.	26701

The rate certified shall be applied and made a part of the	26702
gross payroll calculation for the period for which the foregoing	26703
estimates have been made, in conformity with section 125.21 of the	26704
Revised Code. The amounts collected shall be remitted to the	26705
bureau of workers' compensation as provided in section 125.21 of	26706
the Revised Code.	26707

If the historical amounts remitted to the bureau ~~for a fiscal~~	26708
~~period~~ are greater or less than ~~actual~~historical awards or claim	26709
payments ~~for the like period by reason of an error in the prior~~	26710
~~estimates of gross payroll or awards or payments~~, the ~~overage or~~	26711
~~shortage~~difference shall be ~~included~~returned to the state	26712
employer or recovered by the bureau in a manner determined by the	26713
administrator ~~in determining the rate for the next succeeding~~	26714
~~fiscal period~~.	26715

In fixing the amount of contribution to be made by the state	26716
and each of its departments, agencies, and instrumentalities, the	26717
administrator shall classify departments, agencies, and	26718
instrumentalities into such groups as will equitably determine the	26719
contributions in accordance with their expected individual	26720
accident experience so that the state and its departments,	26721
agencies, and instrumentalities contribute an amount sufficient to	26722
meet individual obligations and ~~maintain a solvent public~~	26723
~~insurance fund~~the obligations of the participants in total.	26724

Moneys collected from state employers shall not be used to	26725
pay compensation or other benefits attributable to service of	26726
persons as employees of counties or taxing districts therein, nor	26727
shall moneys collected from counties and taxing districts therein	26728
be used to pay compensation or other benefits attributable to	26729
service of persons as employees of the state.	26730

Sec. 4123.41. (A) By(1) For policy years that begin prior	26731
to January 1, 2016, by the first day of January of each year, the	26732
bureau of workers' compensation shall furnish to the county	26733
auditor of each county and the chief fiscal officer of each taxing	26734
district in a county and of each district activity and institution	26735
mentioned in section 4123.39 of the Revised Code forms containing	26736
the premium rates applicable to the county, district, district	26737
activity, or institution as an employer, on which to report the	26738
amount of money expended by the county, district, district	26739
activity, or institution during the previous twelve calendar	26740
months for the services of employees under this chapter.	26741

~~(B)~~ Each county auditor and each fiscal officer of a	26742
district, district activity, and institution shall calculate on	26743
the form it receives from the bureau under division (A) of this	26744
section the premium due as its proper contribution to the public	26745
insurance fund and issue a warrant in favor of the bureau for the	26746
amount due from the county, district, district activity, or	26747
institution to the public insurance fund.	26748

(2) For a policy year commencing on or after January 1, 2016,	26749
by the first day of November of each year, the bureau shall	26750
furnish to the county auditor of each county and the chief fiscal	26751
officer of each taxing district in a county and of each district	26752
activity and institution mentioned in section 4123.39 of the	26753
Revised Code forms showing the estimated premium due from the	26754
county, district, district activity, or institution for the	26755
forthcoming policy year.	26756

After the conclusion of each policy year, the county auditor	26757
of each county and the chief fiscal officer of each taxing	26758
district in a county and of each district activity and institution	26759
mentioned in section 4123.39 of the Revised Code shall, on or	26760
before the fifteenth day of February immediately following the	26761
conclusion of the policy year, report the amount of money expended	26762
by the county, district, district activity, or institution during	26763
the policy year for the services of employees under this chapter.	26764
The bureau shall adjust the premium and assessments charged to the	26765
employer for the difference between estimated gross payrolls and	26766
actual gross payrolls, and the employer immediately shall pay any	26767
balance due to the bureau. Any balance due the employer shall be	26768
credited to the employer's account.	26769

The administrator may adopt rules setting forth penalties for	26770
failure to submit the report of money expended as required by this	26771
division, including, but not limited to, exclusion from	26772
alternative rating plans and discount programs.	26773

(B)(1) Except as otherwise provided in division (B) of this	26774
section, payments due under this section shall be made according	26775
to the following schedule:	26776

~~(1) On~~(a) For payments of premium and assessments due for a	26777
policy year that commences prior to July 1, 2015:	26778

(i) On or before the fifteenth day of May ~~of each~~immediately	26779
following the conclusion of the policy year, no less than	26780
forty-five per cent of the annual amount due for the policy year;	26781

~~(2)~~(ii) On or before the first day of September immediately	26782
following the conclusion of ~~each~~the policy year, no less than the	26783
total amount due for the policy year.	26784

(b) For the policy year commencing January 1, 2015:

26785

(i) On or before the fifteenth day of May immediately	26786
following the conclusion of the policy year, no less than fifty	26787
per cent of the annual amount due for the policy year;	26788

(ii) On or before the first day of September immediately	26789
following the conclusion of the policy year, no less than the	26790
total amount due for the policy year.	26791

26792

(i) On or before the fifteenth day of May in that policy	26793
year, no less than fifty per cent of the annual premium estimated	26794
by the bureau.	26795

(ii) On or before the first day of September in that policy	26796
year, no less than the total amount of annual premium estimated by	26797
the bureau.	26798

(d) For a policy year commencing on or after January 1, 2017,	26799
the total amount of annual premium estimated by the bureau on or	26800
before the thirty-first day of December immediately preceding the	26801
start of the policy year.	26802

(2) The administrator, with the advice and consent of the	26803
bureau of workers' compensation board of directors, shall adopt	26804
rules to permit employers to make periodic payments of the premium	26805
and assessments due under this section. The rules shall include	26806
provisions for the assessment of interest charges, if appropriate,	26807
and for the assessment of penalties when an employer fails to make	26808
timely premium payments. The administrator may adopt rules to	26809
establish an administrative fee for those periodic payments.	26810

(C) The legislative body of any county, district, district	26811
activity, or institution may reimburse the fund from which the	26812
workers' compensation payments are made by transferring to the	26813
fund from any other fund of the county, district, district	26814
activity, or institution, the proportionate amount of the payments	26815
that should be chargeable to the fund, whether the fund is derived	26816
from taxation or otherwise. The proportionate amount of the	26817
payments chargeable to the fund may be based on payroll, relative	26818
exposure, relative loss experience, or any combination of these	26819
factors, as determined by the legislative body.	26820

(1) The workers' compensation program payments of any county,	26821
district, district activity, or institution may include all	26822
payments required by any bureau of workers' compensation rating	26823
plan.	26824

(2) The workers' compensation program payments of any county,	26825
district, district activity, or institution, except for a county	26826
board of developmental disabilities, a board of alcohol, drug	26827
addiction, and mental health services, a board of mental health	26828
services, and a board of alcohol and drug addiction services, also	26829
may include any of the following:	26830

(a) Direct administrative costs incurred in the management of	26831
the county, district, district activity, or institution's workers'	26832
compensation program;	26833

(b) Indirect costs that are necessary and reasonable for the	26834
proper and efficient administration of the workers' compensation	26835
program as documented in a cost allocation plan. The indirect cost	26836
plan shall conform to the United States office of management and	26837
budget circular A-87 "cost principles for state and local	26838
governments," 2 C.F.R. 225, as most recently amended on May 10,	26839
2004. The plan shall not authorize payment from the fund of any	26840
general government expense required to carry out the overall	26841
governmental responsibilities.	26842

(3) Within sixty days before a legislative body changes the	26843
method used for calculating the proportionate amount of the	26844
payments chargeable to the fund, it shall notify, consult with,	26845
and give information supporting the change to any elected official	26846
affected by the change. A transfer made pursuant to division	26847
(B)(2) of this section is not subject to section 5705.16 of the	26848
Revised Code.	26849

(D) Any county board of developmental disabilities, board of	26850
alcohol, drug addiction, and mental health services, board of	26851
mental health services, or board of alcohol and drug addiction	26852
services whose workers' compensation payments, on or before	26853
September 28, 2012, includes costs referred to in division (C)(2)	26854
of this section may continue to do so on and after September 28,	26855
2012.	26856

(E) The bureau may investigate the correctness of the	26857
information provided by the county auditor and chief fiscal	26858
officer under division ~~(B)~~(A) of this section, and if the bureau	26859
determines at any time that the county, district, district	26860
activity, or institution has not reported the correct information,	26861
the administrator of workers' compensation may make deductions or	26862
additions as the facts warrant and take those facts into	26863
consideration in determining the current or future contributions	26864
to be made by the county, district, district activity, or	26865
institution. If the county, district, district activity, or	26866
institution does not furnish the report in the time required by	26867
this section, the administrator may fix the amount of contribution	26868
the county, district, district activity, or institution must make	26869
and certify that amount for payment.	26870

(F) ~~The~~For payments of premium and assessments for a policy	26871
year prior to the policy year commencing January 1, 2015, the	26872
administrator shall provide a discount to any county, district,	26873
district activity, or institution that pays its total amount due	26874
to the public insurance fund on or before the fifteenth day of May	26875
of each year as its proper contribution for premiums. The	26876
administrator shall base the discount provided under this division	26877
on the savings generated by the early payment to the public	26878
insurance fund. The administrator may provide the discount through	26879
a refund to the county, district, district activity, or	26880
institution or an offset against the future contributions due to	26881
the public insurance fund from the county, district, district	26882
activity, or institution.	26883

(G) The administrator may impose an interest penalty for late	26884
payment of any amount due from a county, district, district	26885
activity, and institution at the interest rate established by the	26886
state tax commissioner pursuant to section 5703.47 of the Revised	26887
Code.	26888

~~(H) If the administrator adopts rules for the prospective~~	26889
~~payment of premium as permitted under section 4123.322 of the~~	26890
~~Revised Code, every employer mentioned in division (B)(1) of~~	26891
~~section 4123.01 of the Revised Code, except for a state agency or~~	26892
~~a state university or college as defined in section 4123.32 of the~~	26893
~~Revised Code, shall pay into the state insurance fund the amount~~	26894
~~of premium the administrator fixes for the employment or~~	26895
~~occupation of the employer, the amount of which premium to be paid~~	26896
~~by each employer to be determined by the classifications, rules,~~	26897
~~and rates made and published by the administrator and based upon~~	26898
~~the estimates and reconciliations required by the rules the~~	26899
~~administrator adopts under section 4123.322 of the Revised Code.~~	26900

Sec. 4123.411. (A) For the purpose of carrying out sections	26901
4123.412 to 4123.418 of the Revised Code, the administrator of	26902
workers' compensation, with the advice and consent of the bureau	26903
of workers' compensation board of directors, shall levy an	26904
assessment against all employers at a rate~~, of at least five but~~	26905
not to exceed ten cents per one hundred dollars of payroll, such	26906
rate to be determined annually for each employer group listed in	26907
divisions (A)(1) to (3) of this section, which will produce an	26908
amount no greater than the amount the administrator estimates to	26909
be necessary to carry out such sections for the period for which	26910
the assessment is levied. In the event the amount produced by the	26911
assessment is not sufficient to carry out such sections the	26912
additional amount necessary shall be provided from the income	26913
produced as a result of investments made pursuant to section	26914
4123.44 of the Revised Code.	26915

Assessments shall be levied according to the following	26916
schedule:	26917

(1) ~~Private~~For private fund employers, except self-insuring	26918
employers--:	26919

(a) For policy years commencing prior to July 1, 2015, in	26920
January and July of each year upon gross payrolls of the preceding	26921
six months;	26922

(b) For policy years commencing on or after July 1, 2015, in	26923
June of each year upon gross payrolls estimated for the next	26924
twelve months.	26925

(2) ~~Counties~~For counties and taxing district employers	26926
therein, except county hospitals that are self-insuring	26927
employers--:	26928

(a) For policy years commencing prior to January 1, 2015, in	26929
January of each year upon gross payrolls of the preceding twelve	26930
months;	26931

(b) For policy years commencing on or after January 1, 2015,	26932
in December of each year upon gross payrolls estimated for the	26933
next twelve months.	26934

(3) ~~The~~For the state as an employer--in January, April,	26935
July, and October of each year upon gross payrolls of the	26936
preceding three months or at other intervals as the administrator	26937
establishes.	26938

After the completion of each policy year that commences on or	26939
after July 1, 2015, for private fund employers or that commences	26940
on or after January 1, 2015, for counties and taxing district	26941
employers therein, the assessments levied under this section shall	26942
be adjusted for the difference between estimated gross payrolls	26943
and actual gross payrolls reported by the employer on the payroll	26944
report submitted by a private employer pursuant to section 4123.26	26945
of the Revised Code, or, for a public employer, submitted pursuant	26946
to section 4123.41 of the Revised Code.	26947

Amounts assessed in accordance with this section shall be	26948
collected from each employer as prescribed in rules the	26949
administrator adopts.	26950

The moneys derived from the assessment provided for in this	26951
section shall be credited to the disabled workers' relief fund	26952
created by section 4123.412 of the Revised Code. The administrator	26953
shall establish by rule classifications of employers within	26954
divisions (A)(1) to (3) of this section and shall determine rates	26955
for each class so as to fairly apportion the costs of carrying out	26956
sections 4123.412 to 4123.418 of the Revised Code.	26957

(B) For all injuries and disabilities occurring on or after	26958
January 1, 1987, the administrator, for the purposes of carrying	26959
out sections 4123.412 to 4123.418 of the Revised Code, shall levy	26960
an assessment against all employers at a rate per one hundred	26961
dollars of payroll, such rate to be determined annually for each	26962
classification of employer in each employer group listed in	26963
divisions (A)(1) to (3) of this section, which will produce an	26964
amount no greater than the amount the administrator estimates to	26965
be necessary to carry out such sections for the period for which	26966
the assessment is levied. The administrator annually shall	26967
establish the contributions due from employers for the disabled	26968
workers' relief fund at rates as low as possible but that will	26969
assure sufficient moneys to guarantee the payment of any claims	26970
against that fund.	26971

Amounts assessed in accordance with this division shall be	26972
billed at the same time premiums are billed and credited to the	26973
disabled workers' relief fund created by section 4123.412 of the	26974
Revised Code. The administrator shall determine the rates for each	26975
class in the same manner as the administrator fixes the rates for	26976
premiums pursuant to section 4123.29 of the Revised Code.	26977

(C) For a self-insuring employer, the bureau of workers'	26978
compensation shall pay to employees who are participants	26979
regardless of the date of injury, any amounts due to the	26980
participants under section 4123.414 of the Revised Code and shall	26981
bill the self-insuring employer, semiannually, for all amounts	26982
paid to a participant.	26983

Sec. 4123.47. (A) The administrator of workers' compensation	26984
shall have an actuarial ~~audits~~analysis of the state insurance	26985
fund and all other funds specified in this chapter and Chapters	26986
4121., 4127., and 4131. of the Revised Code made at least once	26987
each year. The ~~audits~~analysis shall be made and certified by	26988
recognized ~~insurance~~, credentialed property or casualty actuaries	26989
who shall be selected by the bureau of workers' compensation board	26990
of directors. ~~The audits shall cover the premium rates,~~	26991
~~classifications, and all other matters involving the~~	26992
~~administration of the state insurance fund and all other funds~~	26993
~~specified in this chapter and Chapters 4121., 4127., and 4131. of~~	26994
~~the Revised Code.~~ The expense of the ~~audits~~analysis shall be paid	26995
from the state insurance fund. The administrator shall make copies	26996
of the ~~audits~~analysis available to the workers' compensation	26997
audit committee at no charge and to the public at cost.	26998

(B) The auditor of state annually shall conduct an audit of	26999
the administration of this chapter by the industrial commission	27000
and the bureau of workers' compensation and the safety and hygiene	27001
fund. The cost of the audit shall be charged to the administrative	27002
costs of the bureau as defined in section 4123.341 of the Revised	27003
Code. The audit shall include audits of all fiscal activities,	27004
claims processing and handling, and employer premium collections.	27005
The auditor shall prepare a report of the audit together with	27006
recommendations and transmit copies of the report to the	27007
industrial commission, the board, the administrator, the governor,	27008
and to the general assembly. The auditor shall make copies of the	27009
report available to the public at cost.	27010

(C) The administrator may retain the services of a recognized	27011
actuary on a consulting basis for the purpose of evaluating the	27012
actuarial soundness of premium rates and classifications and all	27013
other matters involving the administration of the state insurance	27014
fund. The expense of services provided by the actuary shall be	27015
paid from the state insurance fund.	27016

Sec. 4123.511. (A) Within seven days after receipt of any	27017
claim under this chapter, the bureau of workers' compensation	27018
shall notify the claimant and the employer of the claimant of the	27019
receipt of the claim and of the facts alleged therein. If the	27020
bureau receives from a person other than the claimant written or	27021
facsimile information or information communicated verbally over	27022
the telephone indicating that an injury or occupational disease	27023
has occurred or been contracted which may be compensable under	27024
this chapter, the bureau shall notify the employee and the	27025
employer of the information. If the information is provided	27026
verbally over the telephone, the person providing the information	27027
shall provide written verification of the information to the	27028
bureau according to division (E) of section 4123.84 of the Revised	27029
Code. The receipt of the information in writing or facsimile, or	27030
if initially by telephone, the subsequent written verification,	27031
and the notice by the bureau shall be considered an application	27032
for compensation under section 4123.84 or 4123.85 of the Revised	27033
Code, provided that the conditions of division (E) of section	27034
4123.84 of the Revised Code apply to information provided verbally	27035
over the telephone. Upon receipt of a claim, the bureau shall	27036
advise the claimant of the claim number assigned and the	27037
claimant's right to representation in the processing of a claim or	27038
to elect no representation. If the bureau determines that a claim	27039
is determined to be a compensable lost-time claim, the bureau	27040
shall notify the claimant and the employer of the availability of	27041
rehabilitation services. No bureau or industrial commission	27042
employee shall directly or indirectly convey any information in	27043
derogation of this right. This section shall in no way abrogate	27044
the bureau's responsibility to aid and assist a claimant in the	27045
filing of a claim and to advise the claimant of the claimant's	27046
rights under the law.	27047

The administrator of workers' compensation shall assign all	27048
claims and investigations to the bureau service office from which	27049
investigation and determination may be made most expeditiously.	27050

The bureau shall investigate the facts concerning an injury	27051
or occupational disease and ascertain such facts in whatever	27052
manner is most appropriate and may obtain statements of the	27053
employee, employer, attending physician, and witnesses in whatever	27054
manner is most appropriate.	27055

The administrator, with the advice and consent of the bureau	27056
of workers' compensation board of directors, may adopt rules that	27057
identify specified medical conditions that have a historical	27058
record of being allowed whenever included in a claim. The	27059
administrator may grant immediate allowance of any medical	27060
condition identified in those rules upon the filing of a claim	27061
involving that medical condition and may make immediate payment of	27062
medical bills for any medical condition identified in those rules	27063
that is included in a claim. If an employer contests the allowance	27064
of a claim involving any medical condition identified in those	27065
rules, and the claim is disallowed, payment for the medical	27066
condition included in that claim shall be charged to and paid from	27067
the surplus fund created under section 4123.34 of the Revised	27068
Code.	27069

(B)(1) Except as provided in division (B)(2) of this section,	27070
in claims other than those in which the employer is a	27071
self-insuring employer, if the administrator determines under	27072
division (A) of this section that a claimant is or is not entitled	27073
to an award of compensation or benefits, the administrator shall	27074
issue an order no later than twenty-eight days after the sending	27075
of the notice under division (A) of this section, granting or	27076
denying the payment of the compensation or benefits, or both as is	27077
appropriate to the claimant. Notwithstanding the time limitation	27078
specified in this division for the issuance of an order, if a	27079
medical examination of the claimant is required by statute, the	27080
administrator promptly shall schedule the claimant for that	27081
examination and shall issue an order no later than twenty-eight	27082
days after receipt of the report of the examination. The	27083
administrator shall notify the claimant and the employer of the	27084
claimant and their respective representatives in writing of the	27085
nature of the order and the amounts of compensation and benefit	27086
payments involved. The employer or claimant may appeal the order	27087
pursuant to division (C) of this section within fourteen days	27088
after the date of the receipt of the order. The employer and	27089
claimant may waive, in writing, their rights to an appeal under	27090
this division.	27091

(2) Notwithstanding the time limitation specified in division	27092
(B)(1) of this section for the issuance of an order, if the	27093
employer certifies a claim for payment of compensation or	27094
benefits, or both, to a claimant, and the administrator has	27095
completed the investigation of the claim, the payment of benefits	27096
or compensation, or both, as is appropriate, shall commence upon	27097
the later of the date of the certification or completion of the	27098
investigation and issuance of the order by the administrator,	27099
provided that the administrator shall issue the order no later	27100
than the time limitation specified in division (B)(1) of this	27101
section.	27102

(3) If an appeal is made under division (B)(1) or (2) of this	27103
section, the administrator shall forward the claim file to the	27104
appropriate district hearing officer within seven days of the	27105
appeal. In contested claims other than state fund claims, the	27106
administrator shall forward the claim within seven days of the	27107
administrator's receipt of the claim to the industrial commission,	27108
which shall refer the claim to an appropriate district hearing	27109
officer for a hearing in accordance with division (C) of this	27110
section.	27111

(C) If an employer or claimant timely appeals the order of	27112
the administrator issued under division (B) of this section or in	27113
the case of other contested claims other than state fund claims,	27114
the commission shall refer the claim to an appropriate district	27115
hearing officer according to rules the commission adopts under	27116
section 4121.36 of the Revised Code. The district hearing officer	27117
shall notify the parties and their respective representatives of	27118
the time and place of the hearing.	27119

The district hearing officer shall hold a hearing on a	27120
disputed issue or claim within forty-five days after the filing of	27121
the appeal under this division and issue a decision within seven	27122
days after holding the hearing. The district hearing officer shall	27123
notify the parties and their respective representatives in writing	27124
of the order. Any party may appeal an order issued under this	27125
division pursuant to division (D) of this section within fourteen	27126
days after receipt of the order under this division.	27127

(D) Upon the timely filing of an appeal of the order of the	27128
district hearing officer issued under division (C) of this	27129
section, the commission shall refer the claim file to an	27130
appropriate staff hearing officer according to its rules adopted	27131
under section 4121.36 of the Revised Code. The staff hearing	27132
officer shall hold a hearing within forty-five days after the	27133
filing of an appeal under this division and issue a decision	27134
within seven days after holding the hearing under this division.	27135
The staff hearing officer shall notify the parties and their	27136
respective representatives in writing of the staff hearing	27137
officer's order. Any party may appeal an order issued under this	27138
division pursuant to division (E) of this section within fourteen	27139
days after receipt of the order under this division.	27140

(E) Upon the filing of a timely appeal of the order of the	27141
staff hearing officer issued under division (D) of this section,	27142
the commission or a designated staff hearing officer, on behalf of	27143
the commission, shall determine whether the commission will hear	27144
the appeal. If the commission or the designated staff hearing	27145
officer decides to hear the appeal, the commission or the	27146
designated staff hearing officer shall notify the parties and	27147
their respective representatives in writing of the time and place	27148
of the hearing. The commission shall hold the hearing within	27149
forty-five days after the filing of the notice of appeal and,	27150
within seven days after the conclusion of the hearing, the	27151
commission shall issue its order affirming, modifying, or	27152
reversing the order issued under division (D) of this section. The	27153
commission shall notify the parties and their respective	27154
representatives in writing of the order. If the commission or the	27155
designated staff hearing officer determines not to hear the	27156
appeal, within fourteen days after the expiration of the period in	27157
which an appeal of the order of the staff hearing officer may be	27158
filed as provided in division (D) of this section, the commission	27159
or the designated staff hearing officer shall issue an order to	27160
that effect and notify the parties and their respective	27161
representatives in writing of that order.	27162

Except as otherwise provided in this chapter and Chapters	27163
4121., 4127., and 4131. of the Revised Code, any party may appeal	27164
an order issued under this division to the court pursuant to	27165
section 4123.512 of the Revised Code within sixty days after	27166
receipt of the order, subject to the limitations contained in that	27167
section.	27168

(F) Every notice of an appeal from an order issued under	27169
divisions (B), (C), (D), and (E) of this section shall state the	27170
names of the claimant and employer, the number of the claim, the	27171
date of the decision appealed from, and the fact that the	27172
appellant appeals therefrom.	27173

(G) All of the following apply to the proceedings under	27174
divisions (C), (D), and (E) of this section:	27175

(1) The parties shall proceed promptly and without	27176
continuances except for good cause;	27177

(2) The parties, in good faith, shall engage in the free	27178
exchange of information relevant to the claim prior to the conduct	27179
of a hearing according to the rules the commission adopts under	27180
section 4121.36 of the Revised Code;	27181

(3) The administrator is a party and may appear and	27182
participate at all administrative proceedings on behalf of the	27183
state insurance fund. However, in cases in which the employer is	27184
represented, the administrator shall neither present arguments nor	27185
introduce testimony that is cumulative to that presented or	27186
introduced by the employer or the employer's representative. The	27187
administrator may file an appeal under this section on behalf of	27188
the state insurance fund; however, except in cases arising under	27189
section 4123.343 of the Revised Code, the administrator only may	27190
appeal questions of law or issues of fraud when the employer	27191
appears in person or by representative.	27192

(H) Except as provided in section 4121.63 of the Revised Code	27193
and division (K) of this section, payments of compensation to a	27194
claimant or on behalf of a claimant as a result of any order	27195
issued under this chapter shall commence upon the earlier of the	27196
following:	27197

(1) Fourteen days after the date the administrator issues an	27198
order under division (B) of this section, unless that order is	27199
appealed;	27200

(2) The date when the employer has waived the right to appeal	27201
a decision issued under division (B) of this section;	27202

(3) If no appeal of an order has been filed under this	27203
section or to a court under section 4123.512 of the Revised Code,	27204
the expiration of the time limitations for the filing of an appeal	27205
of an order;	27206

(4) The date of receipt by the employer of an order of a	27207
district hearing officer, a staff hearing officer, or the	27208
industrial commission issued under division (C), (D), or (E) of	27209
this section.	27210

(I) ~~Payments~~Except as otherwise provided in division (B) of	27211
section 4123.66 of the Revised Code, payments of medical benefits	27212
payable under this chapter or Chapter 4121., 4127., or 4131. of	27213
the Revised Code shall commence upon the earlier of the following:	27214

(1) The date of the issuance of the staff hearing officer's	27215
order under division (D) of this section;	27216

(2) The date of the final administrative or judicial	27217
determination.	27218

(J) The administrator shall charge the compensation payments	27219
made in accordance with division (H) of this section or medical	27220
benefits payments made in accordance with division (I) of this	27221
section to an employer's experience immediately after the employer	27222
has exhausted the employer's administrative appeals as provided in	27223
this section or has waived the employer's right to an	27224
administrative appeal under division (B) of this section, subject	27225
to the adjustment specified in division (H) of section 4123.512 of	27226
the Revised Code.	27227

(K) Upon the final administrative or judicial determination	27228
under this section or section 4123.512 of the Revised Code of an	27229
appeal of an order to pay compensation, if a claimant is found to	27230
have received compensation pursuant to a prior order which is	27231
reversed upon subsequent appeal, the claimant's employer, if a	27232
self-insuring employer, or the bureau, shall withhold from any	27233
amount to which the claimant becomes entitled pursuant to any	27234
claim, past, present, or future, under Chapter 4121., 4123.,	27235
4127., or 4131. of the Revised Code, the amount of previously paid	27236
compensation to the claimant which, due to reversal upon appeal,	27237
the claimant is not entitled, pursuant to the following criteria:	27238

(1) No withholding for the first twelve weeks of temporary	27239
total disability compensation pursuant to section 4123.56 of the	27240
Revised Code shall be made;	27241

(2) Forty per cent of all awards of compensation paid	27242
pursuant to sections 4123.56 and 4123.57 of the Revised Code,	27243
until the amount overpaid is refunded;	27244

(3) Twenty-five per cent of any compensation paid pursuant to	27245
section 4123.58 of the Revised Code until the amount overpaid is	27246
refunded;	27247

(4) If, pursuant to an appeal under section 4123.512 of the	27248
Revised Code, the court of appeals or the supreme court reverses	27249
the allowance of the claim, then no amount of any compensation	27250
will be withheld.	27251

The administrator and self-insuring employers, as	27252
appropriate, are subject to the repayment schedule of this	27253
division only with respect to an order to pay compensation that	27254
was properly paid under a previous order, but which is	27255
subsequently reversed upon an administrative or judicial appeal.	27256
The administrator and self-insuring employers are not subject to,	27257
but may utilize, the repayment schedule of this division, or any	27258
other lawful means, to collect payment of compensation made to a	27259
person who was not entitled to the compensation due to fraud as	27260
determined by the administrator or the industrial commission.	27261

(L) If a staff hearing officer or the commission fails to	27262
issue a decision or the commission fails to refuse to hear an	27263
appeal within the time periods required by this section, payments	27264
to a claimant shall cease until the staff hearing officer or	27265
commission issues a decision or hears the appeal, unless the	27266
failure was due to the fault or neglect of the employer or the	27267
employer agrees that the payments should continue for a longer	27268
period of time.	27269

(M) Except as otherwise provided in this section or section	27270
4123.522 of the Revised Code, no appeal is timely filed under this	27271
section unless the appeal is filed with the time limits set forth	27272
in this section.	27273

(N) No person who is not an employee of the bureau or	27274
commission or who is not by law given access to the contents of a	27275
claims file shall have a file in the person's possession.	27276

(O) Upon application of a party who resides in an area in	27277
which an emergency or disaster is declared, the industrial	27278
commission and hearing officers of the commission may waive the	27279
time frame within which claims and appeals of claims set forth in	27280
this section must be filed upon a finding that the applicant was	27281
unable to comply with a filing deadline due to an emergency or a	27282
disaster.	27283

As used in this division:

27284

(1) "Emergency" means any occasion or instance for which the	27285
governor of Ohio or the president of the United States publicly	27286
declares an emergency and orders state or federal assistance to	27287
save lives and protect property, the public health and safety, or	27288
to lessen or avert the threat of a catastrophe.	27289

(2) "Disaster" means any natural catastrophe or fire, flood,	27290
or explosion, regardless of the cause, that causes damage of	27291
sufficient magnitude that the governor of Ohio or the president of	27292
the United States, through a public declaration, orders state or	27293
federal assistance to alleviate damage, loss, hardship, or	27294
suffering that results from the occurrence.	27295

Sec. 4123.512. (A) The claimant or the employer may appeal	27296
an order of the industrial commission made under division (E) of	27297
section 4123.511 of the Revised Code in any injury or occupational	27298
disease case, other than a decision as to the extent of disability	27299
to the court of common pleas of the county in which the injury was	27300
inflicted or in which the contract of employment was made if the	27301
injury occurred outside the state, or in which the contract of	27302
employment was made if the exposure occurred outside the state. If	27303
no common pleas court has jurisdiction for the purposes of an	27304
appeal by the use of the jurisdictional requirements described in	27305
this division, the appellant may use the venue provisions in the	27306
Rules of Civil Procedure to vest jurisdiction in a court. If the	27307
claim is for an occupational disease, the appeal shall be to the	27308
court of common pleas of the county in which the exposure which	27309
caused the disease occurred. Like appeal may be taken from an	27310
order of a staff hearing officer made under division (D) of	27311
section 4123.511 of the Revised Code from which the commission has	27312
refused to hear an appeal. The appellant shall file the notice of	27313
appeal with a court of common pleas within sixty days after the	27314
date of the receipt of the order appealed from or the date of	27315
receipt of the order of the commission refusing to hear an appeal	27316
of a staff hearing officer's decision under division (D) of	27317
section 4123.511 of the Revised Code. The filing of the notice of	27318
the appeal with the court is the only act required to perfect the	27319
appeal.	27320

If an action has been commenced in a court of a county other	27321
than a court of a county having jurisdiction over the action, the	27322
court, upon notice by any party or upon its own motion, shall	27323
transfer the action to a court of a county having jurisdiction.	27324

Notwithstanding anything to the contrary in this section, if	27325
the commission determines under section 4123.522 of the Revised	27326
Code that an employee, employer, or their respective	27327
representatives have not received written notice of an order or	27328
decision which is appealable to a court under this section and	27329
which grants relief pursuant to section 4123.522 of the Revised	27330
Code, the party granted the relief has sixty days from receipt of	27331
the order under section 4123.522 of the Revised Code to file a	27332
notice of appeal under this section.	27333

(B) The notice of appeal shall state the names of the	27334
administrator of workers' compensation, the claimant, and the	27335
employer,; the number of the claim,; the date of the order	27336
appealed from,; and the fact that the appellant appeals therefrom.	27337

The administrator ~~of workers' compensation~~, the claimant, and	27338
the employer shall be parties to the appeal and the court, upon	27339
the application of the commission, shall make the commission a	27340
party. The party filing the appeal shall serve a copy of the	27341
notice of appeal on the administrator at the central office of the	27342
bureau of workers' compensation in Columbus. The administrator	27343
shall notify the employer that if the employer fails to become an	27344
active party to the appeal, then the administrator may act on	27345
behalf of the employer and the results of the appeal could have an	27346
adverse effect upon the employer's premium rates.	27347

(C) The attorney general or one or more of the attorney	27348
general's assistants or special counsel designated by the attorney	27349
general shall represent the administrator and the commission. In	27350
the event the attorney general or the attorney general's	27351
designated assistants or special counsel are absent, the	27352
administrator or the commission shall select one or more of the	27353
attorneys in the employ of the administrator or the commission as	27354
the administrator's attorney or the commission's attorney in the	27355
appeal. Any attorney so employed shall continue the representation	27356
during the entire period of the appeal and in all hearings thereof	27357
except where the continued representation becomes impractical.	27358

(D) Upon receipt of notice of appeal, the clerk of courts	27359
shall provide notice to all parties who are appellees and to the	27360
commission.	27361

The claimant shall, within thirty days after the filing of	27362
the notice of appeal, file a petition containing a statement of	27363
facts in ordinary and concise language showing a cause of action	27364
to participate or to continue to participate in the fund and	27365
setting forth the basis for the jurisdiction of the court over the	27366
action. Further pleadings shall be had in accordance with the	27367
Rules of Civil Procedure, provided that service of summons on such	27368
petition shall not be required and provided that the claimant may	27369
not dismiss the complaint without the employer's consent if the	27370
employer is the party that filed the notice of appeal to court	27371
pursuant to this section. The clerk of the court shall, upon	27372
receipt thereof, transmit by certified mail a copy thereof to each	27373
party named in the notice of appeal other than the claimant. Any	27374
party may file with the clerk prior to the trial of the action a	27375
deposition of any physician taken in accordance with the	27376
provisions of the Revised Code, which deposition may be read in	27377
the trial of the action even though the physician is a resident of	27378
or subject to service in the county in which the trial is had. The	27379
bureau of workers' compensation shall pay the cost of the	27380
stenographic deposition filed in court and of copies of the	27381
stenographic deposition for each party from the surplus fund and	27382
charge the costs thereof against the unsuccessful party if the	27383
claimant's right to participate or continue to participate is	27384
finally sustained or established in the appeal. In the event the	27385
deposition is taken and filed, the physician whose deposition is	27386
taken is not required to respond to any subpoena issued in the	27387
trial of the action. The court, or the jury under the instructions	27388
of the court, if a jury is demanded, shall determine the right of	27389
the claimant to participate or to continue to participate in the	27390
fund upon the evidence adduced at the hearing of the action.	27391

(E) The court shall certify its decision to the commission	27392
and the certificate shall be entered in the records of the court.	27393
Appeals from the judgment are governed by the law applicable to	27394
the appeal of civil actions.	27395

(F) The cost of any legal proceedings authorized by this	27396
section, including an attorney's fee to the claimant's attorney to	27397
be fixed by the trial judge, based upon the effort expended, in	27398
the event the claimant's right to participate or to continue to	27399
participate in the fund is established upon the final	27400
determination of an appeal, shall be taxed against the employer or	27401
the commission if the commission or the administrator rather than	27402
the employer contested the right of the claimant to participate in	27403
the fund. The attorney's fee shall not exceed forty-two hundred	27404
dollars.	27405

(G) If the finding of the court or the verdict of the jury is	27406
in favor of the claimant's right to participate in the fund, the	27407
commission and the administrator shall thereafter proceed in the	27408
matter of the claim as if the judgment were the decision of the	27409
commission, subject to the power of modification provided by	27410
section 4123.52 of the Revised Code.	27411

(H)(1) An appeal from an order issued under division (E) of	27412
section 4123.511 of the Revised Code or any action filed in court	27413
in a case in which an award of compensation or medical benefits	27414
has been made shall not stay the payment of compensation or	27415
medical benefits under the award, or payment for subsequent	27416
periods of total disability or medical benefits during the	27417
pendency of the appeal. If, in a final administrative or judicial	27418
action, it is determined that payments of compensation or	27419
benefits, or both, made to or on behalf of a claimant should not	27420
have been made, the amount thereof shall be charged to the surplus	27421
fund account under division (B) of section 4123.34 of the Revised	27422
Code. In the event the employer is a state risk, the amount shall	27423
not be charged to the employer's experience, and the administrator	27424
shall adjust the employer's account accordingly. In the event the	27425
employer is a self-insuring employer, the self-insuring employer	27426
shall deduct the amount from the paid compensation the	27427
self-insuring employer reports to the administrator under division	27428
(L) of section 4123.35 of the Revised Code. If an employer is a	27429
state risk and has paid an assessment for a violation of a	27430
specific safety requirement, and, in a final administrative or	27431
judicial action, it is determined that the employer did not	27432
violate the specific safety requirement, the administrator shall	27433
reimburse the employer from the surplus fund account under	27434
division (B) of section 4123.34 of the Revised Code for the amount	27435
of the assessment the employer paid for the violation.	27436

(2)(a) Notwithstanding a final determination that payments of	27437
benefits made to or on behalf of a claimant should not have been	27438
made, the administrator or self-insuring employer shall award	27439
payment of medical or vocational rehabilitation services submitted	27440
for payment after the date of the final determination if all of	27441
the following apply:	27442

(i) The services were approved and were rendered by the	27443
provider in good faith prior to the date of the final	27444
determination.	27445

(ii) The services were payable under division (I) of section	27446
4123.511 of the Revised Code prior to the date of the final	27447
determination.	27448

(iii) The request for payment is submitted within the time	27449
limit set forth in section 4123.52 of the Revised Code.	27450

(b) Payments made under division (H)(1) of this section shall	27451
be charged to the surplus fund account under division (B) of	27452
section 4123.34 of the Revised Code. If the employer of the	27453
employee who is the subject of a claim described in division	27454
(H)(2)(a) of this section is a state fund employer, the payments	27455
made under that division shall not be charged to the employer's	27456
experience. If that employer is a self-insuring employer, the	27457
self-insuring employer shall deduct the amount from the paid	27458
compensation the self-insuring employer reports to the	27459
administrator under division (L) of section 4123.35 of the Revised	27460
Code.	27461

(c) Division (H)(2) of this section shall apply only to a	27462
claim under this chapter or Chapter 4121., 4127., or 4131. of the	27463
Revised Code arising on or after ~~the effective date of this~~	27464
~~amendment~~July 29, 2011.	27465

(3) A self-insuring employer may elect to pay compensation	27466
and benefits under this section directly to an employee or an	27467
employee's dependents by filing an application with the bureau of	27468
workers' compensation not more than one hundred eighty days and	27469
not less than ninety days before the first day of the employer's	27470
next six-month coverage period. If the self-insuring employer	27471
timely files the application, the application is effective on the	27472
first day of the employer's next six-month coverage period,	27473
provided that the administrator shall compute the employer's	27474
assessment for the surplus fund account due with respect to the	27475
period during which that application was filed without regard to	27476
the filing of the application. On and after the effective date of	27477
the employer's election, the self-insuring employer shall pay	27478
directly to an employee or to an employee's dependents	27479
compensation and benefits under this section regardless of the	27480
date of the injury or occupational disease, and the employer shall	27481
receive no money or credits from the surplus fund account on	27482
account of those payments and shall not be required to pay any	27483
amounts into the surplus fund account on account of this section.	27484
The election made under this division is irrevocable.	27485

(I) All actions and proceedings under this section which are	27486
the subject of an appeal to the court of common pleas or the court	27487
of appeals shall be preferred over all other civil actions except	27488
election causes, irrespective of position on the calendar.	27489

This section applies to all decisions of the commission or	27490
the administrator on November 2, 1959, and all claims filed	27491
thereafter are governed by sections 4123.511 and 4123.512 of the	27492
Revised Code.	27493

Any action pending in common pleas court or any other court	27494
on January 1, 1986, under this section is governed by former	27495
sections 4123.514, 4123.515, 4123.516, and 4123.519 and section	27496
4123.522 of the Revised Code.	27497

Sec. 4123.54. (A) Except as otherwise provided in divisions	27498
(I) and (K) of this section, every employee, who is injured or who	27499
contracts an occupational disease, and the dependents of each	27500
employee who is killed, or dies as the result of an occupational	27501
disease contracted in the course of employment, wherever such	27502
injury has occurred or occupational disease has been contracted,	27503
provided the same were not:	27504

(1) Purposely self-inflicted; or

27505

(2) Caused by the employee being intoxicated or under the	27506
influence of a controlled substance not prescribed by a physician	27507
where the intoxication or being under the influence of the	27508
controlled substance not prescribed by a physician was the	27509
proximate cause of the injury, is entitled to receive, either	27510
directly from the employee's self-insuring employer as provided in	27511
section 4123.35 of the Revised Code, or from the state insurance	27512
fund, the compensation for loss sustained on account of the	27513
injury, occupational disease, or death, and the medical, nurse,	27514
and hospital services and medicines, and the amount of funeral	27515
expenses in case of death, as are provided by this chapter.	27516

(B) For the purpose of this section, provided that an	27517
employer has posted written notice to employees that the results	27518
of, or the employee's refusal to submit to, any chemical test	27519
described under this division may affect the employee's	27520
eligibility for compensation and benefits pursuant to this chapter	27521
and Chapter 4121. of the Revised Code, there is a rebuttable	27522
presumption that an employee is intoxicated or under the influence	27523
of a controlled substance not prescribed by the employee's	27524
physician and that being intoxicated or under the influence of a	27525
controlled substance not prescribed by the employee's physician is	27526
the proximate cause of an injury under either of the following	27527
conditions:	27528

(1) When any one or more of the following is true:

27529

(a) The employee, through a qualifying chemical test	27530
administered within eight hours of an injury, is determined to	27531
have an alcohol concentration level equal to or in excess of the	27532
levels established in divisions (A)(1)(b) to (i) of section	27533
4511.19 of the Revised Code;	27534

(b) The employee, through a qualifying chemical test	27535
administered within thirty-two hours of an injury, is determined	27536
to have one of the following controlled substances not prescribed	27537
by the employee's physician in the employee's system that tests	27538
above the following levels in an enzyme multiplied immunoassay	27539
technique screening test and above the levels established in	27540
division (B)(1)(c) of this section in a gas chromatography mass	27541
spectrometry test:	27542

(i) For amphetamines, one thousand nanograms per milliliter	27543
of urine;	27544

(ii) For cannabinoids, fifty nanograms per milliliter of	27545
urine;	27546

(iii) For cocaine, including crack cocaine, three hundred	27547
nanograms per milliliter of urine;	27548

(iv) For opiates, two thousand nanograms per milliliter of	27549
urine;	27550

(v) For phencyclidine, twenty-five nanograms per milliliter	27551
of urine.	27552

(c) The employee, through a qualifying chemical test	27553
administered within thirty-two hours of an injury, is determined	27554
to have one of the following controlled substances not prescribed	27555
by the employee's physician in the employee's system that tests	27556
above the following levels by a gas chromatography mass	27557
spectrometry test:	27558

(i) For amphetamines, five hundred nanograms per milliliter	27559
of urine;	27560

(ii) For cannabinoids, fifteen nanograms per milliliter of	27561
urine;	27562

(iii) For cocaine, including crack cocaine, one hundred fifty	27563
nanograms per milliliter of urine;	27564

(iv) For opiates, two thousand nanograms per milliliter of	27565
urine;	27566

(v) For phencyclidine, twenty-five nanograms per milliliter	27567
of urine.	27568

(d) The employee, through a qualifying chemical test	27569
administered within thirty-two hours of an injury, is determined	27570
to have barbiturates, benzodiazepines, methadone, or propoxyphene	27571
in the employee's system that tests above levels established by	27572
laboratories certified by the United States department of health	27573
and human services.	27574

(2) When the employee refuses to submit to a requested	27575
chemical test, on the condition that that employee is or was given	27576
notice that the refusal to submit to any chemical test described	27577
in division (B)(1) of this section may affect the employee's	27578
eligibility for compensation and benefits under this chapter and	27579
Chapter 4121. of the Revised Code.	27580

(C)(1) For purposes of division (B) of this section, a	27581
chemical test is a qualifying chemical test if it is administered	27582
to an employee after an injury under at least one of the following	27583
conditions:	27584

(a) When the employee's employer had reasonable cause to	27585
suspect that the employee may be intoxicated or under the	27586
influence of a controlled substance not prescribed by the	27587
employee's physician;	27588

(b) At the request of a police officer pursuant to section	27589
4511.191 of the Revised Code, and not at the request of the	27590
employee's employer;	27591

(c) At the request of a licensed physician who is not	27592
employed by the employee's employer, and not at the request of the	27593
employee's employer.	27594

(2) As used in division (C)(1)(a) of this section,	27595
"reasonable cause" means, but is not limited to, evidence that an	27596
employee is or was using alcohol or a controlled substance drawn	27597
from specific, objective facts and reasonable inferences drawn	27598
from these facts in light of experience and training. These facts	27599
and inferences may be based on, but are not limited to, any of the	27600
following:	27601

(a) Observable phenomena, such as direct observation of use,	27602
possession, or distribution of alcohol or a controlled substance,	27603
or of the physical symptoms of being under the influence of	27604
alcohol or a controlled substance, such as but not limited to	27605
slurred speech, dilated pupils, odor of alcohol or a controlled	27606
substance, changes in affect, or dynamic mood swings;	27607

(b) A pattern of abnormal conduct, erratic or aberrant	27608
behavior, or deteriorating work performance such as frequent	27609
absenteeism, excessive tardiness, or recurrent accidents, that	27610
appears to be related to the use of alcohol or a controlled	27611
substance, and does not appear to be attributable to other	27612
factors;	27613

(c) The identification of an employee as the focus of a	27614
criminal investigation into unauthorized possession, use, or	27615
trafficking of a controlled substance;	27616

(d) A report of use of alcohol or a controlled substance	27617
provided by a reliable and credible source;	27618

(e) Repeated or flagrant violations of the safety or work	27619
rules of the employee's employer, that are determined by the	27620
employee's supervisor to pose a substantial risk of physical	27621
injury or property damage and that appear to be related to the use	27622
of alcohol or a controlled substance and that do not appear	27623
attributable to other factors.	27624

(D) Nothing in this section shall be construed to affect the	27625
rights of an employer to test employees for alcohol or controlled	27626
substance abuse.	27627

(E) For the purpose of this section, laboratories certified	27628
by the United States department of health and human services or	27629
laboratories that meet or exceed the standards of that department	27630
for laboratory certification shall be used for processing the test	27631
results of a qualifying chemical test.	27632

(F) The written notice required by division (B) of this	27633
section shall be the same size or larger than the ~~certificate~~	27634
proof of ~~premium payment notice~~workers' compensation coverage	27635
furnished by the bureau of workers' compensation and shall be	27636
posted by the employer in the same location as the ~~certificate~~	27637
proof of ~~premium payment notice~~workers' compensation coverage or	27638
the certificate of self-insurance.	27639

(G) If a condition that pre-existed an injury is	27640
substantially aggravated by the injury, and that substantial	27641
aggravation is documented by objective diagnostic findings,	27642
objective clinical findings, or objective test results, no	27643
compensation or benefits are payable because of the pre-existing	27644
condition once that condition has returned to a level that would	27645
have existed without the injury.	27646

(H)(1) Whenever, with respect to an employee of an employer	27647
who is subject to and has complied with this chapter, there is	27648
possibility of conflict with respect to the application of	27649
workers' compensation laws because the contract of employment is	27650
entered into and all or some portion of the work is or is to be	27651
performed in a state or states other than Ohio, the employer and	27652
the employee may agree to be bound by the laws of this state or by	27653
the laws of some other state in which all or some portion of the	27654
work of the employee is to be performed. The agreement shall be in	27655
writing and shall be filed with the bureau of workers'	27656
compensation within ten days after it is executed and shall remain	27657
in force until terminated or modified by agreement of the parties	27658
similarly filed. If the agreement is to be bound by the laws of	27659
this state and the employer has complied with this chapter, then	27660
the employee is entitled to compensation and benefits regardless	27661
of where the injury occurs or the disease is contracted and the	27662
rights of the employee and the employee's dependents under the	27663
laws of this state are the exclusive remedy against the employer	27664
on account of injury, disease, or death in the course of and	27665
arising out of the employee's employment. If the agreement is to	27666
be bound by the laws of another state and the employer has	27667
complied with the laws of that state, the rights of the employee	27668
and the employee's dependents under the laws of that state are the	27669
exclusive remedy against the employer on account of injury,	27670
disease, or death in the course of and arising out of the	27671
employee's employment without regard to the place where the injury	27672
was sustained or the disease contracted. If an employer and an	27673
employee enter into an agreement under this division, the fact	27674
that the employer and the employee entered into that agreement	27675
shall not be construed to change the status of an employee whose	27676
continued employment is subject to the will of the employer or the	27677
employee, unless the agreement contains a provision that expressly	27678
changes that status.	27679

(2) ~~If any employee or the employee's dependents pursue~~	27680
~~workers' compensation benefits or recover damages from the~~	27681
~~employer under the laws of another state, the amount awarded or~~	27682
~~recovered, whether paid or to be paid in future installments,~~	27683
~~shall be credited on the amount of any award of compensation or~~	27684
~~benefits made to the employee or the employee's dependents by the~~	27685
~~bureau.~~ If an employee or the employee's dependents ~~pursue or~~	27686
receive an award of compensation or benefits under this chapter or	27687
Chapter 4121., 4127., or 4131. of the Revised Code for the same	27688
injury, occupational disease, or death for which the employee or	27689
the employee's dependents previously pursued workers' compensation	27690
benefits and received a decision on the merits as defined in	27691
section 4123.542 of the Revised Code under the laws of another	27692
state or recovered damages under the laws of another state, the	27693
claim shall be disallowed and the administrator or any	27694
self-insuring employer, by any lawful means, may collect ~~the~~from	27695
the employee or the employee's dependents any of the following:	27696

(i) The amount of compensation or benefits paid to or on	27697
behalf of the employee or the employee's dependents by the	27698
administrator or a self-insuring employer pursuant to this chapter	27699
or Chapter 4121., 4127., or 4131. of the Revised Code for that	27700
award;	27701

(ii) Any interest, attorney's fees, and costs the	27702
administrator or the self-insuring employer incurs in collecting	27703
that payment.	27704

(3) If an employee or the employee's dependents receive an	27705
award of compensation or benefits under this chapter or Chapter	27706
4121., 4127., or 4131. of the Revised Code and subsequently	27707
receives workers' compensation benefits or damages under the laws	27708
of another state for the same injury, occupational disease, or	27709
death the claim under this chapter or Chapter 4121., 4127., or	27710
4131. of the Revised Code shall be disallowed. The administrator	27711
or ~~any~~a self-insuring employer ~~also~~, by any lawful means, may	27712
collect from the employee or the employee's dependents ~~any~~or	27713
other-states' insurer any of the following:	27714

(i) The amount of compensation or benefits paid to or on	27715
behalf of the employee or the employee's dependents by the	27716
administrator or the self-insuring employer pursuant to this	27717
chapter or Chapter 4121., 4127., or 4131. of the Revised Code for	27718
that award;	27719

(ii) Any interest, costs, and attorney's fees the	27720
administrator or the self-insuring employer incurs in collecting	27721
that payment ~~and any attorney's fees, penalties, interest,~~	27722
~~awards, and~~;	27723

(iii) Any costs incurred by an employer in contesting or	27724
responding to any claim filed by the employee or the employee's	27725
dependents for the same injury, occupational disease, or death	27726
that was filed after the original claim for which the employee or	27727
the employee's dependents received a decision on the merits as	27728
described in section 4123.542 of the Revised Code. If	27729

(4) If the employee's employer pays premiums into the state	27730
insurance fund, the administrator shall not charge the amount of	27731
compensation or benefits the administrator collects pursuant to	27732
~~this~~ division (H)(2) or (3) of this section to the employer's	27733
experience. If the administrator collects any costs~~, penalties,~~	27734
~~interest, awards, or attorney's fees~~ incurred by ~~a state fund~~an	27735
employer in contesting or responding to any claim pursuant to	27736
division (H)(2) or (3) of this section, the administrator shall	27737
forward the amount ~~of such costs, penalties, interest, awards, and~~	27738
~~attorney's fees the administrator collects~~collected to that	27739
employer. If the employee's employer is a self-insuring employer,	27740
the self-insuring employer shall deduct the amount of compensation	27741
or benefits the self-insuring employer collects pursuant to this	27742
division from the paid compensation the self-insuring employer	27743
reports to the administrator under division (L) of section 4123.35	27744
of the Revised Code.	27745

~~(3) Except as otherwise stipulated in division (H)(4) of this~~	27746
~~section, if~~(5) If an employee is a resident of a state other than	27747
this state and is insured under the workers' compensation law or	27748
similar laws of a state other than this state, the employee and	27749
the employee's dependents are not entitled to receive compensation	27750
or benefits under this chapter, on account of injury, disease, or	27751
death arising out of or in the course of employment while	27752
temporarily within this state, and the rights of the employee and	27753
the employee's dependents under the laws of the other state are	27754
the exclusive remedy against the employer on account of the	27755
injury, disease, or death.	27756

~~(4) Division (H)(3) of this section does not apply to an~~	27757
~~employee described in that division, or the employee's dependents,~~	27758
~~unless both of the following apply:~~	27759

~~(a) The laws of the other state limit the ability of an~~	27760
~~employee who is a resident of this state and is covered by this~~	27761
~~chapter and Chapter 4123. of the Revised Code, or the employee's~~	27762
~~dependents, to receive compensation or benefits under the other~~	27763
~~state's workers' compensation law on account of injury, disease,~~	27764
~~or death incurred by the employee that arises out of or in the~~	27765
~~course of the employee's employment while temporarily within that~~	27766
~~state in the same manner as specified in division (H)(3) of this~~	27767
~~section for an employee who is a resident of a state other than~~	27768
~~this state, or the employee's dependents;~~	27769

~~(b) The laws of the other state limit the liability of the~~	27770
~~employer of the employee who is a resident of this state and who~~	27771
~~is described in division (H)(4)(a) of this section for that~~	27772
~~injury, disease, or death, in the same manner specified in~~	27773
~~division (H)(3) of this section for the employer of an employee~~	27774
~~who is a resident of the other state.~~	27775

~~(5)~~(6) An employee, or the dependent of an employee, who	27776
elects to receive compensation and benefits under this chapter or	27777
Chapter 4121., 4127., or 4131. of the Revised Code for a claim may	27778
not receive compensation and benefits under the workers'	27779
compensation laws of any state other than this state for that same	27780
claim. For each claim submitted by or on behalf of an employee,	27781
the administrator or, if the employee is employed by a	27782
self-insuring employer, the self-insuring employer, shall request	27783
the employee or the employee's dependent to sign an election that	27784
affirms the employee's or employee's dependent's acceptance of	27785
electing to receive compensation and benefits under this chapter	27786
or Chapter 4121., 4127., or 4131. of the Revised Code for that	27787
claim that also affirmatively waives and releases the employee's	27788
or the employee's dependent's right to file for and receive	27789
compensation and benefits under the laws of any state other than	27790
this state for that claim. The employee or employee's dependent	27791
shall sign the election form within twenty-eight days after the	27792
administrator or self-insuring employer submits the request or the	27793
administrator or self-insuring employer shall ~~suspend~~dismiss that	27794
claim ~~until the administrator or self-insuring employer receives~~	27795
~~the signed election form~~.	27796

(I) If an employee who is covered under the federal	27797
"Longshore and Harbor Workers' Compensation Act," 98 Stat. 1639,	27798
33 U.S.C. 901 et seq., is injured or contracts an occupational	27799
disease or dies as a result of an injury or occupational disease,	27800
and if that employee's or that employee's dependents' claim for	27801
compensation or benefits for that injury, occupational disease, or	27802
death is subject to the jurisdiction of that act, the employee or	27803
the employee's dependents are not entitled to apply for and shall	27804
not receive compensation or benefits under this chapter and	27805
Chapter 4121. of the Revised Code. The rights of such an employee	27806
and the employee's dependents under the federal "Longshore and	27807
Harbor Workers' Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et	27808
seq., are the exclusive remedy against the employer for that	27809
injury, occupational disease, or death.	27810

(J) Compensation or benefits are not payable to a claimant	27811
during the period of confinement of the claimant in any state or	27812
federal correctional institution, or in any county jail in lieu of	27813
incarceration in a state or federal correctional institution,	27814
whether in this or any other state for conviction of violation of	27815
any state or federal criminal law.	27816

(K) An employer, upon the approval of the administrator, may	27817
provide for workers' compensation coverage for the employer's	27818
employees who are professional athletes and coaches by submitting	27819
to the administrator proof of coverage under a league policy	27820
issued under the laws of another state under either of the	27821
following circumstances:	27822

(1) The employer administers the payroll and workers'	27823
compensation insurance for a professional sports team subject to a	27824
collective bargaining agreement, and the collective bargaining	27825
agreement provides for the uniform administration of workers'	27826
compensation benefits and compensation for professional athletes.	27827

(2) The employer is a professional sports league, or is a	27828
member team of a professional sports league, and all of the	27829
following apply:	27830

(a) The professional sports league operates as a single	27831
entity, whereby all of the players and coaches of the sports	27832
league are employees of the sports league and not of the	27833
individual member teams.	27834

(b) The professional sports league at all times maintains	27835
workers' compensation insurance that provides coverage for the	27836
players and coaches of the sports league.	27837

(c) Each individual member team of the professional sports	27838
league, pursuant to the organizational or operating documents of	27839
the sports league, is obligated to the sports league to pay to the	27840
sports league any workers' compensation claims that are not	27841
covered by the workers' compensation insurance maintained by the	27842
sports league.	27843

If the administrator approves the employer's proof of	27844
coverage submitted under division (K) of this section, a	27845
professional athlete or coach who is an employee of the employer	27846
and the dependents of the professional athlete or coach are not	27847
entitled to apply for and shall not receive compensation or	27848
benefits under this chapter and Chapter 4121. of the Revised Code.	27849
The rights of such an athlete or coach and the dependents of such	27850
an athlete or coach under the laws of the state where the policy	27851
was issued are the exclusive remedy against the employer for the	27852
athlete or coach if the athlete or coach suffers an injury or	27853
contracts an occupational disease in the course of employment, or	27854
for the dependents of the athlete or the coach if the athlete or	27855
coach is killed as a result of an injury or dies as a result of an	27856
occupational disease, regardless of the location where the injury	27857
was suffered or the occupational disease was contracted.	27858

Sec. 4123.66. (A) In addition to the compensation provided	27859
for in this chapter, the administrator of workers' compensation	27860
shall disburse and pay from the state insurance fund the amounts	27861
for medical, nurse, and hospital services and medicine as the	27862
administrator deems proper and, in case death ensues from the	27863
injury or occupational disease, the administrator shall disburse	27864
and pay from the fund reasonable funeral expenses in an amount not	27865
to exceed fifty-five hundred dollars. The bureau of workers'	27866
compensation shall reimburse anyone, whether dependent, volunteer,	27867
or otherwise, who pays the funeral expenses of any employee whose	27868
death ensues from any injury or occupational disease as provided	27869
in this section. The administrator may adopt rules, with the	27870
advice and consent of the bureau of workers' compensation board of	27871
directors, with respect to furnishing medical, nurse, and hospital	27872
service and medicine to injured or disabled employees entitled	27873
thereto, and for the payment therefor. In case an injury or	27874
industrial accident that injures an employee also causes damage to	27875
the employee's eyeglasses, artificial teeth or other denture, or	27876
hearing aid, or in the event an injury or occupational disease	27877
makes it necessary or advisable to replace, repair, or adjust the	27878
same, the bureau shall disburse and pay a reasonable amount to	27879
repair or replace the same.	27880

(B) The administrator, in the rules the administrator adopts	27881
pursuant to division (A) of this section, may adopt rules	27882
specifying the circumstances under which the bureau may make	27883
immediate payment for the first fill of prescription drugs for	27884
medical conditions identified in an application for compensation	27885
or benefits under section 4123.84 or 4123.85 of the Revised Code	27886
that occurs prior to the date the administrator issues an initial	27887
determination order under division (B) of section 4123.511 of the	27888
Revised Code. If the claim is ultimately disallowed in a final	27889
administrative or judicial order, and if the employer is a state	27890
fund employer who pays assessments into the surplus fund account	27891
created under section 4123.34 of the Revised Code, the payments	27892
for medical services made pursuant to this division for the first	27893
fill of prescription drugs shall be charged to and paid from the	27894
surplus fund account and not charged through the state insurance	27895
fund to the employer against whom the claim was filed.	27896

(C)(1) If an employer or a welfare plan has provided to or on	27897
behalf of an employee any benefits or compensation for an injury	27898
or occupational disease and that injury or occupational disease is	27899
determined compensable under this chapter, the employer or a	27900
welfare plan may request that the administrator reimburse the	27901
employer or welfare plan for the amount the employer or welfare	27902
plan paid to or on behalf of the employee in compensation or	27903
benefits. The administrator shall reimburse the employer or	27904
welfare plan for the compensation and benefits paid if, at the	27905
time the employer or welfare plan provides the benefits or	27906
compensation to or on behalf of employee, the injury or	27907
occupational disease had not been determined to be compensable	27908
under this chapter and if the employee was not receiving	27909
compensation or benefits under this chapter for that injury or	27910
occupational disease. The administrator shall reimburse the	27911
employer or welfare plan in the amount that the administrator	27912
would have paid to or on behalf of the employee under this chapter	27913
if the injury or occupational disease originally would have been	27914
determined compensable under this chapter. If the employer is a	27915
merit-rated employer, the administrator shall adjust the amount of	27916
premium next due from the employer according to the amount the	27917
administrator pays the employer. The administrator shall adopt	27918
rules, in accordance with Chapter 119. of the Revised Code, to	27919
implement this division.	27920

(2) As used in this division, "welfare plan" has the same	27921
meaning as in division (1) of 29 U.S.C.A. 1002.	27922

Sec. 4123.82. (A) All contracts and agreements are void	27923
which undertake to indemnify or insure an employer against loss or	27924
liability for the payment of compensation to workers or their	27925
dependents for death, injury, or occupational disease occasioned	27926
in the course of the workers' employment, or which provide that	27927
the insurer shall pay the compensation, or which indemnify the	27928
employer against damages when the injury, disease, or death arises	27929
from the failure to comply with any lawful requirement for the	27930
protection of the lives, health, and safety of employees, or when	27931
the same is occasioned by the willful act of the employer or any	27932
of the employer's officers or agents, or by which it is agreed	27933
that the insurer shall pay any such damages. No license or	27934
authority to enter into any such agreements or issue any such	27935
policies of insurance shall be granted or issued by any public	27936
authority in this state. Any corporation organized or admitted	27937
under the laws of this state to transact liability insurance as	27938
defined in section 3929.01 of the Revised Code may by amendment of	27939
its articles of incorporation or by original articles of	27940
incorporation, provide therein for the authority and purpose to	27941
make insurance in states, territories, districts, and counties,	27942
other than the state of Ohio, and in the state of Ohio in respect	27943
of contracts permitted by division (B) of this section,	27944
indemnifying employers against loss or liability for payment of	27945
compensation to workers and employees and their dependents for	27946
death, injury, or occupational disease occasioned in the course of	27947
the employment and to insure and indemnify employers against loss,	27948
expense, and liability by risk of bodily injury or death by	27949
accident, disability, sickness, or disease suffered by workers and	27950
employees for which the employer may be liable or has assumed	27951
liability.	27952

(B) Notwithstanding division (A) of this section:

27953

(1) No contract because of that division is void which	27954
undertakes to indemnify a self-insuring employer against all or	27955
part of such employer's loss in excess of at least fifty thousand	27956
dollars from any one disaster or event arising out of the	27957
employer's liability under this chapter, but no insurance	27958
corporation shall, directly or indirectly, represent an employer	27959
in the settlement, adjudication, determination, allowance, or	27960
payment of claims. The superintendent of insurance shall enforce	27961
this prohibition by such disciplinary orders directed against the	27962
offending insurance corporation as the superintendent of insurance	27963
deems appropriate in the circumstances and the administrator of	27964
workers' compensation shall enforce this prohibition by such	27965
disciplinary orders directed against the offending employer as the	27966
administrator deems appropriate in the circumstances, which orders	27967
may include revocation of the insurance corporation's right to	27968
enter into indemnity contracts and revocation of the employer's	27969
status as a self-insuring employer.	27970

(2) The administrator may enter into a contract of indemnity	27971
with any such employer upon such terms, payment of such premium,	27972
and for such amount and form of indemnity as the administrator	27973
determines and the bureau of workers' compensation board of	27974
directors may procure reinsurance of the liability of the public	27975
and private funds under this chapter, or any part of the liability	27976
in respect of either or both of the funds, upon such terms and	27977
premiums or other payments from the fund or funds as the	27978
administrator deems prudent in the maintenance of a solvent fund	27979
or funds from year to year. When making the finding of fact which	27980
the administrator is required by section 4123.35 of the Revised	27981
Code to make with respect to the financial ability of an employer,	27982
no contract of indemnity, or the ability of the employer to	27983
procure such a contract, shall be considered as increasing the	27984
financial ability of the employer.	27985

(C) Nothing in this section shall be construed to prohibit	27986
the administrator or an other-states' insurer from providing to	27987
employers in this state other-states' coverage or limited	27988
other-states' coverage in accordance with section 4123.292 of the	27989
Revised Code.	27990

(D) Notwithstanding any other section of the Revised Code,	27991
but subject to division (A) of this section, the superintendent of	27992
insurance shall have the sole authority to regulate any insurance	27993
products, except for the bureau of workers' compensation and those	27994
products offered by the bureau, that indemnify or insure employers	27995
against workers' compensation losses in this state or that are	27996
sold to employers in this state.	27997

Sec. 4123.83. Each employer paying premiums into the state	27998
insurance fund or electing directly to pay compensation to the	27999
employer's injured employees or the dependents of the employer's	28000
killed employees as provided in section 4123.35 of the Revised	28001
Code, shall post conspicuously in the employer's place or places	28002
of employment notices, which shall be furnished ~~in adequate number~~	28003
at least annually by the bureau of workers' compensation ~~at the~~	28004
~~time of the payment of the premium, stating the fact that the~~	28005
~~employer has made the payment, the date thereof, and period for~~	28006
~~which the payment is made~~. The notice shall state that it is proof	28007
of workers' compensation coverage, or that the employer has	28008
complied with section 4123.35 of the Revised Code, and has been	28009
authorized by the administrator of workers' compensation directly	28010
to compensate employees or dependents, and the date of the	28011
authorization. The notice shall indicate that coverage is	28012
contingent on continued payment of premiums and assessments due.	28013
The notice, when posted, constitutes sufficient notice to the	28014
employer's employees of the fact that the employer ~~has made~~	28015
~~payment~~carries workers' compensation coverage or that the	28016
employer has complied with the elective provisions of section	28017
4123.35 of the Revised Code.	28018

Sec. 4125.05. (A) Not ~~later than thirty days after November~~	28019
~~5, 2004, or not~~ later than thirty days after the formation of a	28020
professional employer organization, ~~whichever date occurs later,~~ a	28021
professional employer organization operating in this state shall	28022
register with the administrator of workers' compensation on forms	28023
provided by the administrator. Following initial registration,	28024
each professional employer organization shall register with the	28025
administrator annually on or before the thirty-first day of	28026
December. Commonly owned or controlled applicants may register as	28027
a professional employer organization reporting entity or register	28028
individually. Registration as a part of a professional employer	28029
organization reporting entity shall not disqualify an individual	28030
professional employer organization from participating in a	28031
group-rated plan under division (A)(4) of section 4123.29 of the	28032
Revised Code.	28033

(B) Initial registration and each annual registration renewal	28034
shall include all of the following:	28035

(1) A list of each of the professional employer	28036
organization's client employers current as of the date of	28037
registration for purposes of initial registration or current as of	28038
the date of annual registration renewal, or within fourteen days	28039
of adding or releasing a client, that includes the client	28040
employer's name, address, federal tax identification number, and	28041
bureau of workers' compensation risk number;	28042

(2) A fee as determined by the administrator;

28043

(3) The name or names under which the professional employer	28044
organization conducts business;	28045

(4) The address of the professional employer organization's	28046
principal place of business and the address of each office it	28047
maintains in this state;	28048

(5) The professional employer organization's taxpayer or	28049
employer identification number;	28050

(6) A list of each state in which the professional employer	28051
organization has operated in the preceding five years, and the	28052
name, corresponding with each state, under which the professional	28053
employer organization operated in each state, including any	28054
alternative names, names of predecessors, and if known, successor	28055
business entities;	28056

(7) The most recent financial statement prepared and audited	28057
pursuant to division (B) of section 4125.051 of the Revised Code;	28058

(8) If there is any deficit in the working capital required	28059
under division (A) of section 4125.051 of the Revised Code, a	28060
bond, irrevocable letter of credit, or securities with a minimum	28061
market value in an amount sufficient to cover the deficit in	28062
accordance with the requirements of that section;	28063

(9) An attestation of the accuracy of the data submissions	28064
from the chief executive officer of the professional employer	28065
organization.	28066

(C) Upon terms and for periods that the administrator	28067
considers appropriate, the administrator may issue a limited	28068
registration to a professional employer organization or	28069
professional employer organization reporting entity that provides	28070
all of the following items:	28071

(1) A properly executed request for limited registration on a	28072
form provided by the administrator;	28073

(2) All information and materials required for registration	28074
in divisions (B)(1) to (6) of this section;	28075

(3) Information and documentation necessary to show that the	28076
professional employer organization or professional employer	28077
organization reporting entity satisfies all of the following	28078
criteria:	28079

(a) It is domiciled outside of this state.

28080

(b) It is licensed or registered as a professional employer	28081
organization in another state.	28082

28083

(d) It does not participate in direct solicitations for	28084
client employers located or domiciled in this state.	28085

(e) It has fifty or fewer shared employees employed or	28086
domiciled in this state on any given day.	28087

(D)(1) The administrator, with the advice and consent of the	28088
bureau of workers' compensation board of directors, ~~shall~~may	28089
adopt rules in accordance with Chapter 119. of the Revised Code to	28090
require, in addition to the requirement under division (B)(8) of	28091
this section ~~and except as otherwise specified in division (D)(2)~~	28092
~~of this section~~, a professional employer organization to provide	28093
security in the form of a bond or letter of credit assignable to	28094
the Ohio bureau of workers' compensation not to exceed an amount	28095
equal to the premiums and assessments incurred for the ~~two~~ most	28096
recent ~~payroll periods~~policy year, prior to any discounts or	28097
dividends, to meet the financial obligations of the professional	28098
employer organization pursuant to this chapter and Chapters 4121.	28099
and 4123. of the Revised Code.	28100

(2) ~~As an alternative to providing security in the form of a~~	28101
~~bond or letter of credit under division (D)(1) of this section,~~	28102
~~the administrator shall permit a professional employer~~	28103
~~organization to make periodic payments of prospective premiums and~~	28104
~~assessments to the bureau.~~	28105

~~(3)~~ A professional employer organization may appeal the	28106
amount of the security required pursuant to rules adopted under	28107
division (D)(1) of this section in accordance with section	28108
4123.291 of the Revised Code.	28109

(3) A professional employer organization shall pay premiums	28110
and assessments for purposes of Chapters 4121. and 4123. of the	28111
Revised Code on a monthly basis pursuant to division (A) of	28112
section 4123.35 of the Revised Code.	28113

(E) Notwithstanding division (D) of this section, a	28114
professional employer organization that qualifies for	28115
self-insurance or retrospective rating under section 4123.29 or	28116
4123.35 of the Revised Code shall abide by the financial	28117
disclosure and security requirements pursuant to those sections	28118
and the rules adopted under those sections in place of the	28119
requirements specified in division (D) of this section or	28120
specified in rules adopted pursuant to that division.	28121

(F) Except to the extent necessary for the administrator to	28122
administer the statutory duties of the administrator and for	28123
employees of the state to perform their official duties, all	28124
records, reports, client lists, and other information obtained	28125
from a professional employer organization and professional	28126
employer organization reporting entity under divisions (A), (B),	28127
and (C) of this section are confidential and shall be considered	28128
trade secrets and shall not be published or open to public	28129
inspection.	28130

(G) The list described in division (B)(1) of this section	28131
shall be considered a trade secret.	28132

(H) The administrator shall establish the fee described in	28133
division (B)(2) of this section in an amount that does not exceed	28134
the cost of the administration of the initial and renewal	28135
registration process.	28136

(I) A financial statement required under division (B)(7) of	28137
this section for initial registration shall be the most recent	28138
financial statement of the professional employer organization or	28139
professional employer organization reporting entity of which the	28140
professional employer organization is a member and shall not be	28141
older than thirteen months. For each registration renewal, the	28142
professional employer organization shall file the required	28143
financial statement within one hundred eighty days after the end	28144
of the professional employer organization's or professional	28145
employer organization reporting entity's fiscal year. A	28146
professional employer organization may apply to the administrator	28147
for an extension beyond that time if the professional employer	28148
organization provides the administrator with a letter from the	28149
professional employer organization's auditor stating the reason	28150
for delay and the anticipated completion date.	28151

(J) Multiple, unrelated professional employer organizations	28152
shall not combine together for purposes of obtaining workers'	28153
compensation coverage or for forming any type of self-insurance	28154
arrangement available under this chapter. Multiple, unrelated	28155
professional employer organization reporting entities shall not	28156
combine together for purposes of obtaining workers' compensation	28157
coverage or for forming any type of self-insurance arrangement	28158
available under this chapter.	28159

(K) The administrator shall maintain a list of professional	28160
employer organizations and professional employer organization	28161
reporting entities registered under this section that is readily	28162
available to the public by electronic or other means.	28163

Sec. 4141.01. As used in this chapter, unless the context	28164
otherwise requires:	28165

(A)(1) "Employer" means the state, its instrumentalities, its	28166
political subdivisions and their instrumentalities, Indian tribes,	28167
and any individual or type of organization including any	28168
partnership, limited liability company, association, trust,	28169
estate, joint-stock company, insurance company, or corporation,	28170
whether domestic or foreign, or the receiver, trustee in	28171
bankruptcy, trustee, or the successor thereof, or the legal	28172
representative of a deceased person who subsequent to December 31,	28173
1971, or in the case of political subdivisions or their	28174
instrumentalities, subsequent to December 31, 1973:	28175

(a) Had in employment at least one individual, or in the case	28176
of a nonprofit organization, subsequent to December 31, 1973, had	28177
not less than four individuals in employment for some portion of a	28178
day in each of twenty different calendar weeks, in either the	28179
current or the preceding calendar year whether or not the same	28180
individual was in employment in each such day; or	28181

(b) Except for a nonprofit organization, had paid for service	28182
in employment wages of fifteen hundred dollars or more in any	28183
calendar quarter in either the current or preceding calendar year;	28184
or	28185

(c) Had paid, subsequent to December 31, 1977, for employment	28186
in domestic service in a local college club, or local chapter of a	28187
college fraternity or sorority, cash remuneration of one thousand	28188
dollars or more in any calendar quarter in the current calendar	28189
year or the preceding calendar year, or had paid subsequent to	28190
December 31, 1977, for employment in domestic service in a private	28191
home cash remuneration of one thousand dollars in any calendar	28192
quarter in the current calendar year or the preceding calendar	28193
year:	28194

(i) For the purposes of divisions (A)(1)(a) and (b) of this	28195
section, there shall not be taken into account any wages paid to,	28196
or employment of, an individual performing domestic service as	28197
described in this division.	28198

(ii) An employer under this division shall not be an employer	28199
with respect to wages paid for any services other than domestic	28200
service unless the employer is also found to be an employer under	28201
division (A)(1)(a), (b), or (d) of this section.	28202

(d) As a farm operator or a crew leader subsequent to	28203
December 31, 1977, had in employment individuals in agricultural	28204
labor; and	28205

(i) During any calendar quarter in the current calendar year	28206
or the preceding calendar year, paid cash remuneration of twenty	28207
thousand dollars or more for the agricultural labor; or	28208

(ii) Had at least ten individuals in employment in	28209
agricultural labor, not including agricultural workers who are	28210
aliens admitted to the United States to perform agricultural labor	28211
pursuant to sections 1184(c) and 1101(a)(15)(H) of the	28212
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A.	28213
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each	28214
of the twenty different calendar weeks, in either the current or	28215
preceding calendar year whether or not the same individual was in	28216
employment in each day; or	28217

(e) Is not otherwise an employer as defined under division	28218
(A)(1)(a) or (b) of this section; and	28219

(i) For which, within either the current or preceding	28220
calendar year, service, except for domestic service in a private	28221
home not covered under division (A)(1)(c) of this section, is or	28222
was performed with respect to which such employer is liable for	28223
any federal tax against which credit may be taken for	28224
contributions required to be paid into a state unemployment fund;	28225

(ii) Which, as a condition for approval of this chapter for	28226
full tax credit against the tax imposed by the "Federal	28227
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	28228
required, pursuant to such act to be an employer under this	28229
chapter; or	28230

(iii) Who became an employer by election under division	28231
(A)(4) or (5) of this section and for the duration of such	28232
election; or	28233

(f) In the case of the state, its instrumentalities, its	28234
political subdivisions, and their instrumentalities, and Indian	28235
tribes, had in employment, as defined in divisions (B)(2)(a) and	28236
(B)(2)(l) of this section, at least one individual;	28237

(g) For the purposes of division (A)(1)(a) of this section,	28238
if any week includes both the thirty-first day of December and the	28239
first day of January, the days of that week before the first day	28240
of January shall be considered one calendar week and the days	28241
beginning the first day of January another week.	28242

(2) Each individual employed to perform or to assist in	28243
performing the work of any agent or employee of an employer is	28244
employed by such employer for all the purposes of this chapter,	28245
whether such individual was hired or paid directly by such	28246
employer or by such agent or employee, provided the employer had	28247
actual or constructive knowledge of the work. All individuals	28248
performing services for an employer of any person in this state	28249
who maintains two or more establishments within this state are	28250
employed by a single employer for the purposes of this chapter.	28251

(3) An employer subject to this chapter within any calendar	28252
year is subject to this chapter during the whole of such year and	28253
during the next succeeding calendar year.	28254

(4) An employer not otherwise subject to this chapter who	28255
files with the director of job and family services a written	28256
election to become an employer subject to this chapter for not	28257
less than two calendar years shall, with the written approval of	28258
such election by the director, become an employer subject to this	28259
chapter to the same extent as all other employers as of the date	28260
stated in such approval, and shall cease to be subject to this	28261
chapter as of the first day of January of any calendar year	28262
subsequent to such two calendar years only if at least thirty days	28263
prior to such first day of January the employer has filed with the	28264
director a written notice to that effect.	28265

(5) Any employer for whom services that do not constitute	28266
employment are performed may file with the director a written	28267
election that all such services performed by individuals in the	28268
employer's employ in one or more distinct establishments or places	28269
of business shall be deemed to constitute employment for all the	28270
purposes of this chapter, for not less than two calendar years.	28271
Upon written approval of the election by the director, such	28272
services shall be deemed to constitute employment subject to this	28273
chapter from and after the date stated in such approval. Such	28274
services shall cease to be employment subject to this chapter as	28275
of the first day of January of any calendar year subsequent to	28276
such two calendar years only if at least thirty days prior to such	28277
first day of January such employer has filed with the director a	28278
written notice to that effect.	28279

(B)(1) "Employment" means service performed by an individual	28280
for remuneration under any contract of hire, written or oral,	28281
express or implied, including service performed in interstate	28282
commerce and service performed by an officer of a corporation,	28283
without regard to whether such service is executive, managerial,	28284
or manual in nature, and without regard to whether such officer is	28285
a stockholder or a member of the board of directors of the	28286
corporation, unless it is shown to the satisfaction of the	28287
director that such individual has been and will continue to be	28288
free from direction or control over the performance of such	28289
service, both under a contract of service and in fact. The	28290
director shall adopt rules to define "direction or control."	28291

(2) "Employment" includes:

28292

(a) Service performed after December 31, 1977, by an	28293
individual in the employ of the state or any of its	28294
instrumentalities, or any political subdivision thereof or any of	28295
its instrumentalities or any instrumentality of more than one of	28296
the foregoing or any instrumentality of any of the foregoing and	28297
one or more other states or political subdivisions and without	28298
regard to divisions (A)(1)(a) and (b) of this section, provided	28299
that such service is excluded from employment as defined in the	28300
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	28301
3306(c)(7) and is not excluded under division (B)(3) of this	28302
section; or the services of employees covered by voluntary	28303
election, as provided under divisions (A)(4) and (5) of this	28304
section;	28305

(b) Service performed after December 31, 1971, by an	28306
individual in the employ of a religious, charitable, educational,	28307
or other organization which is excluded from the term "employment"	28308
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	28309
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	28310
3306(c)(8) of that act and is not excluded under division (B)(3)	28311
of this section;	28312

(c) Domestic service performed after December 31, 1977, for	28313
an employer, as provided in division (A)(1)(c) of this section;	28314

(d) Agricultural labor performed after December 31, 1977, for	28315
a farm operator or a crew leader, as provided in division	28316
(A)(1)(d) of this section;	28317

(e) Service not covered under division (B)(1) of this section	28318
which is performed after December 31, 1971:	28319

(i) As an agent-driver or commission-driver engaged in	28320
distributing meat products, vegetable products, fruit products,	28321
bakery products, beverages other than milk, laundry, or	28322
dry-cleaning services, for the individual's employer or principal;	28323

(ii) As a traveling or city salesperson, other than as an	28324
agent-driver or commission-driver, engaged on a full-time basis in	28325
the solicitation on behalf of and in the transmission to the	28326
salesperson's employer or principal except for sideline sales	28327
activities on behalf of some other person of orders from	28328
wholesalers, retailers, contractors, or operators of hotels,	28329
restaurants, or other similar establishments for merchandise for	28330
resale, or supplies for use in their business operations, provided	28331
that for the purposes of division (B)(2)(e)(ii) of this section,	28332
the services shall be deemed employment if the contract of service	28333
contemplates that substantially all of the services are to be	28334
performed personally by the individual and that the individual	28335
does not have a substantial investment in facilities used in	28336
connection with the performance of the services other than in	28337
facilities for transportation, and the services are not in the	28338
nature of a single transaction that is not a part of a continuing	28339
relationship with the person for whom the services are performed.	28340

(f) An individual's entire service performed within or both	28341
within and without the state if:	28342

(i) The service is localized in this state.

28343

(ii) The service is not localized in any state, but some of	28344
the service is performed in this state and either the base of	28345
operations, or if there is no base of operations then the place	28346
from which such service is directed or controlled, is in this	28347
state or the base of operations or place from which such service	28348
is directed or controlled is not in any state in which some part	28349
of the service is performed but the individual's residence is in	28350
this state.	28351

(g) Service not covered under division (B)(2)(f)(ii) of this	28352
section and performed entirely without this state, with respect to	28353
no part of which contributions are required and paid under an	28354
unemployment compensation law of any other state, the Virgin	28355
Islands, Canada, or of the United States, if the individual	28356
performing such service is a resident of this state and the	28357
director approves the election of the employer for whom such	28358
services are performed; or, if the individual is not a resident of	28359
this state but the place from which the service is directed or	28360
controlled is in this state, the entire services of such	28361
individual shall be deemed to be employment subject to this	28362
chapter, provided service is deemed to be localized within this	28363
state if the service is performed entirely within this state or if	28364
the service is performed both within and without this state but	28365
the service performed without this state is incidental to the	28366
individual's service within the state, for example, is temporary	28367
or transitory in nature or consists of isolated transactions;	28368

(h) Service of an individual who is a citizen of the United	28369
States, performed outside the United States except in Canada after	28370
December 31, 1971, or the Virgin Islands, after December 31, 1971,	28371
and before the first day of January of the year following that in	28372
which the United States secretary of labor approves the Virgin	28373
Islands law for the first time, in the employ of an American	28374
employer, other than service which is "employment" under divisions	28375
(B)(2)(f) and (g) of this section or similar provisions of another	28376
state's law, if:	28377

(i) The employer's principal place of business in the United	28378
States is located in this state;	28379

(ii) The employer has no place of business in the United	28380
States, but the employer is an individual who is a resident of	28381
this state; or the employer is a corporation which is organized	28382
under the laws of this state, or the employer is a partnership or	28383
a trust and the number of partners or trustees who are residents	28384
of this state is greater than the number who are residents of any	28385
other state; or	28386

(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)	28387
of this section is met but the employer has elected coverage in	28388
this state or the employer having failed to elect coverage in any	28389
state, the individual has filed a claim for benefits, based on	28390
such service, under this chapter.	28391

(i) For the purposes of division (B)(2)(h) of this section,	28392
the term "American employer" means an employer who is an	28393
individual who is a resident of the United States; or a	28394
partnership, if two-thirds or more of the partners are residents	28395
of the United States; or a trust, if all of the trustees are	28396
residents of the United States; or a corporation organized under	28397
the laws of the United States or of any state, provided the term	28398
"United States" includes the states, the District of Columbia, the	28399
Commonwealth of Puerto Rico, and the Virgin Islands.	28400

(j) Notwithstanding any other provisions of divisions (B)(1)	28401
and (2) of this section, service, except for domestic service in a	28402
private home not covered under division (A)(1)(c) of this section,	28403
with respect to which a tax is required to be paid under any	28404
federal law imposing a tax against which credit may be taken for	28405
contributions required to be paid into a state unemployment fund,	28406
or service, except for domestic service in a private home not	28407
covered under division (A)(1)(c) of this section, which, as a	28408
condition for full tax credit against the tax imposed by the	28409
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	28410
3311, is required to be covered under this chapter.	28411

(k) Construction services performed by any individual under a	28412
construction contract, as defined in section 4141.39 of the	28413
Revised Code, if the director determines that the employer for	28414
whom services are performed has the right to direct or control the	28415
performance of the services and that the individuals who perform	28416
the services receive remuneration for the services performed. The	28417
director shall presume that the employer for whom services are	28418
performed has the right to direct or control the performance of	28419
the services if ten or more of the following criteria apply:	28420

(i) The employer directs or controls the manner or method by	28421
which instructions are given to the individual performing	28422
services;	28423

(ii) The employer requires particular training for the	28424
individual performing services;	28425

(iii) Services performed by the individual are integrated	28426
into the regular functioning of the employer;	28427

(iv) The employer requires that services be provided by a	28428
particular individual;	28429

(v) The employer hires, supervises, or pays the wages of the	28430
individual performing services;	28431

(vi) A continuing relationship between the employer and the	28432
individual performing services exists which contemplates	28433
continuing or recurring work, even if not full-time work;	28434

(vii) The employer requires the individual to perform	28435
services during established hours;	28436

(viii) The employer requires that the individual performing	28437
services be devoted on a full-time basis to the business of the	28438
employer;	28439

(ix) The employer requires the individual to perform services	28440
on the employer's premises;	28441

(x) The employer requires the individual performing services	28442
to follow the order of work established by the employer;	28443

(xi) The employer requires the individual performing services	28444
to make oral or written reports of progress;	28445

(xii) The employer makes payment to the individual for	28446
services on a regular basis, such as hourly, weekly, or monthly;	28447

(xiii) The employer pays expenses for the individual	28448
performing services;	28449

(xiv) The employer furnishes the tools and materials for use	28450
by the individual to perform services;	28451

(xv) The individual performing services has not invested in	28452
the facilities used to perform services;	28453

(xvi) The individual performing services does not realize a	28454
profit or suffer a loss as a result of the performance of the	28455
services;	28456

(xvii) The individual performing services is not performing	28457
services for more than two employers simultaneously;	28458

(xviii) The individual performing services does not make the	28459
services available to the general public;	28460

(xix) The employer has a right to discharge the individual	28461
performing services;	28462

(xx) The individual performing services has the right to end	28463
the individual's relationship with the employer without incurring	28464
liability pursuant to an employment contract or agreement.	28465

(l) Service performed by an individual in the employ of an	28466
Indian tribe as defined by section 4(e) of the "Indian	28467
Self-Determination and Education Assistance Act," 88 Stat. 2204	28468
(1975), 25 U.S.C.A. 450b(e), including any subdivision,	28469
subsidiary, or business enterprise wholly owned by an Indian tribe	28470
provided that the service is excluded from employment as defined	28471
in the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26	28472
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division	28473
(B)(3) of this section.	28474

(3) "Employment" does not include the following services if	28475
they are found not subject to the "Federal Unemployment Tax Act,"	28476
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	28477
are not required to be included under division (B)(2)(j) of this	28478
section:	28479

(a) Service performed after December 31, 1977, in	28480
agricultural labor, except as provided in division (A)(1)(d) of	28481
this section;	28482

(b) Domestic service performed after December 31, 1977, in a	28483
private home, local college club, or local chapter of a college	28484
fraternity or sorority except as provided in division (A)(1)(c) of	28485
this section;	28486

(c) Service performed after December 31, 1977, for this state	28487
or a political subdivision as described in division (B)(2)(a) of	28488
this section when performed:	28489

(i) As a publicly elected official;

28490

(ii) As a member of a legislative body, or a member of the	28491
judiciary;	28492

(iii) As a military member of the Ohio national guard;

28493

(iv) As an employee, not in the classified service as defined	28494
in section 124.11 of the Revised Code, serving on a temporary	28495
basis in case of fire, storm, snow, earthquake, flood, or similar	28496
emergency;	28497

(v) In a position which, under or pursuant to law, is	28498
designated as a major nontenured policymaking or advisory	28499
position, not in the classified service of the state, or a	28500
policymaking or advisory position the performance of the duties of	28501
which ordinarily does not require more than eight hours per week.	28502

(d) In the employ of any governmental unit or instrumentality	28503
of the United States;	28504

(e) Service performed after December 31, 1971:

28505

(i) Service in the employ of an educational institution or	28506
institution of higher education, including those operated by the	28507
state or a political subdivision, if such service is performed by	28508
a student who is enrolled and is regularly attending classes at	28509
the educational institution or institution of higher education; or	28510

(ii) By an individual who is enrolled at a nonprofit or	28511
public educational institution which normally maintains a regular	28512
faculty and curriculum and normally has a regularly organized body	28513
of students in attendance at the place where its educational	28514
activities are carried on as a student in a full-time program,	28515
taken for credit at the institution, which combines academic	28516
instruction with work experience, if the service is an integral	28517
part of the program, and the institution has so certified to the	28518
employer, provided that this subdivision shall not apply to	28519
service performed in a program established for or on behalf of an	28520
employer or group of employers.	28521

(f) Service performed by an individual in the employ of the	28522
individual's son, daughter, or spouse and service performed by a	28523
child under the age of eighteen in the employ of the child's	28524
father or mother;	28525

(g) Service performed for one or more principals by an	28526
individual who is compensated on a commission basis, who in the	28527
performance of the work is master of the individual's own time and	28528
efforts, and whose remuneration is wholly dependent on the amount	28529
of effort the individual chooses to expend, and which service is	28530
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	28531
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December	28532
31, 1971:	28533

(i) By an individual for an employer as an insurance agent or	28534
as an insurance solicitor, if all this service is performed for	28535
remuneration solely by way of commission;	28536

(ii) As a home worker performing work, according to	28537
specifications furnished by the employer for whom the services are	28538
performed, on materials or goods furnished by such employer which	28539
are required to be returned to the employer or to a person	28540
designated for that purpose.	28541

(h) Service performed after December 31, 1971:

28542

(i) In the employ of a church or convention or association of	28543
churches, or in an organization which is operated primarily for	28544
religious purposes and which is operated, supervised, controlled,	28545
or principally supported by a church or convention or association	28546
of churches;	28547

(ii) By a duly ordained, commissioned, or licensed minister	28548
of a church in the exercise of the individual's ministry or by a	28549
member of a religious order in the exercise of duties required by	28550
such order; or	28551

(iii) In a facility conducted for the purpose of carrying out	28552
a program of rehabilitation for individuals whose earning capacity	28553
is impaired by age or physical or mental deficiency or injury, or	28554
providing remunerative work for individuals who because of their	28555
impaired physical or mental capacity cannot be readily absorbed in	28556
the competitive labor market, by an individual receiving such	28557
rehabilitation or remunerative work.	28558

(i) Service performed after June 30, 1939, with respect to	28559
which unemployment compensation is payable under the "Railroad	28560
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	28561

(j) Service performed by an individual in the employ of any	28562
organization exempt from income tax under section 501 of the	28563
"Internal Revenue Code of 1954," if the remuneration for such	28564
service does not exceed fifty dollars in any calendar quarter, or	28565
if such service is in connection with the collection of dues or	28566
premiums for a fraternal beneficial society, order, or association	28567
and is performed away from the home office or is ritualistic	28568
service in connection with any such society, order, or	28569
association;	28570

(k) Casual labor not in the course of an employer's trade or	28571
business; incidental service performed by an officer, appraiser,	28572
or member of a finance committee of a bank, building and loan	28573
association, savings and loan association, or savings association	28574
when the remuneration for such incidental service exclusive of the	28575
amount paid or allotted for directors' fees does not exceed sixty	28576
dollars per calendar quarter is casual labor;	28577

(l) Service performed in the employ of a voluntary employees'	28578
beneficial association providing for the payment of life,	28579
sickness, accident, or other benefits to the members of such	28580
association or their dependents or their designated beneficiaries,	28581
if admission to a membership in such association is limited to	28582
individuals who are officers or employees of a municipal or public	28583
corporation, of a political subdivision of the state, or of the	28584
United States and no part of the net earnings of such association	28585
inures, other than through such payments, to the benefit of any	28586
private shareholder or individual;	28587

(m) Service performed by an individual in the employ of a	28588
foreign government, including service as a consular or other	28589
officer or employee or of a nondiplomatic representative;	28590

(n) Service performed in the employ of an instrumentality	28591
wholly owned by a foreign government if the service is of a	28592
character similar to that performed in foreign countries by	28593
employees of the United States or of an instrumentality thereof	28594
and if the director finds that the secretary of state of the	28595
United States has certified to the secretary of the treasury of	28596
the United States that the foreign government, with respect to	28597
whose instrumentality exemption is claimed, grants an equivalent	28598
exemption with respect to similar service performed in the foreign	28599
country by employees of the United States and of instrumentalities	28600
thereof;	28601

(o) Service with respect to which unemployment compensation	28602
is payable under an unemployment compensation system established	28603
by an act of congress;	28604

(p) Service performed as a student nurse in the employ of a	28605
hospital or a nurses' training school by an individual who is	28606
enrolled and is regularly attending classes in a nurses' training	28607
school chartered or approved pursuant to state law, and service	28608
performed as an intern in the employ of a hospital by an	28609
individual who has completed a four years' course in a medical	28610
school chartered or approved pursuant to state law;	28611

(q) Service performed by an individual under the age of	28612
eighteen in the delivery or distribution of newspapers or shopping	28613
news, not including delivery or distribution to any point for	28614
subsequent delivery or distribution;	28615

(r) Service performed in the employ of the United States or	28616
an instrumentality of the United States immune under the	28617
Constitution of the United States from the contributions imposed	28618
by this chapter, except that to the extent that congress permits	28619
states to require any instrumentalities of the United States to	28620
make payments into an unemployment fund under a state unemployment	28621
compensation act, this chapter shall be applicable to such	28622
instrumentalities and to services performed for such	28623
instrumentalities in the same manner, to the same extent, and on	28624
the same terms as to all other employers, individuals, and	28625
services, provided that if this state is not certified for any	28626
year by the proper agency of the United States under section 3304	28627
of the "Internal Revenue Code of 1954," the payments required of	28628
such instrumentalities with respect to such year shall be refunded	28629
by the director from the fund in the same manner and within the	28630
same period as is provided in division (E) of section 4141.09 of	28631
the Revised Code with respect to contributions erroneously	28632
collected;	28633

(s) Service performed by an individual as a member of a band	28634
or orchestra, provided such service does not represent the	28635
principal occupation of such individual, and which service is not	28636
subject to or required to be covered for full tax credit against	28637
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	28638
183 (1939), 26 U.S.C.A. 3301 to 3311.	28639

(t) Service performed in the employ of a day camp whose	28640
camping season does not exceed twelve weeks in any calendar year,	28641
and which service is not subject to the "Federal Unemployment Tax	28642
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	28643
performed after December 31, 1971:	28644

(i) In the employ of a hospital, if the service is performed	28645
by a patient of the hospital, as defined in division (W) of this	28646
section;	28647

(ii) For a prison or other correctional institution by an	28648
inmate of the prison or correctional institution;	28649

(iii) Service performed after December 31, 1977, by an inmate	28650
of a custodial institution operated by the state, a political	28651
subdivision, or a nonprofit organization.	28652

(u) Service that is performed by a nonresident alien	28653
individual for the period the individual temporarily is present in	28654
the United States as a nonimmigrant under division (F), (J), (M),	28655
or (Q) of section 101(a)(15) of the "Immigration and Nationality	28656
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	28657
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	28658
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	28659

(v) Notwithstanding any other provisions of division (B)(3)	28660
of this section, services that are excluded under divisions	28661
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	28662
from employment when performed for a nonprofit organization, as	28663
defined in division (X) of this section, or for this state or its	28664
instrumentalities, or for a political subdivision or its	28665
instrumentalities or for Indian tribes;	28666

(w) Service that is performed by an individual working as an	28667
election official or election worker if the amount of remuneration	28668
received by the individual during the calendar year for services	28669
as an election official or election worker is less than one	28670
thousand dollars;	28671

(x) Service performed for an elementary or secondary school	28672
that is operated primarily for religious purposes, that is	28673
described in subsection 501(c)(3) and exempt from federal income	28674
taxation under subsection 501(a) of the Internal Revenue Code, 26	28675
U.S.C.A. 501;	28676

(y) Service performed by a person committed to a penal	28677
institution.	28678

(z) Service performed for an Indian tribe as described in	28679
division (B)(2)(l) of this section when performed in any of the	28680
following manners:	28681

(i) As a publicly elected official;

28682

(ii) As a member of an Indian tribal council;

28683

(iii) As a member of a legislative or judiciary body;

28684

(iv) In a position which, pursuant to Indian tribal law, is	28685
designated as a major nontenured policymaking or advisory	28686
position, or a policymaking or advisory position where the	28687
performance of the duties ordinarily does not require more than	28688
eight hours of time per week;	28689

(v) As an employee serving on a temporary basis in the case	28690
of a fire, storm, snow, earthquake, flood, or similar emergency.	28691

(aa) Service performed after December 31, 1971, for a	28692
nonprofit organization, this state or its instrumentalities, a	28693
political subdivision or its instrumentalities, or an Indian tribe	28694
as part of an unemployment work-relief or work-training program	28695
assisted or financed in whole or in part by any federal agency or	28696
an agency of a state or political subdivision, thereof, by an	28697
individual receiving the work-relief or work-training.	28698

(bb) Participation in a learn to earn program as defined in	28699
section 4141.293 of the Revised Code.	28700

(4) If the services performed during one half or more of any	28701
pay period by an employee for the person employing that employee	28702
constitute employment, all the services of such employee for such	28703
period shall be deemed to be employment; but if the services	28704
performed during more than one half of any such pay period by an	28705
employee for the person employing that employee do not constitute	28706
employment, then none of the services of such employee for such	28707
period shall be deemed to be employment. As used in division	28708
(B)(4) of this section, "pay period" means a period, of not more	28709
than thirty-one consecutive days, for which payment of	28710
remuneration is ordinarily made to the employee by the person	28711
employing that employee. Division (B)(4) of this section does not	28712
apply to services performed in a pay period by an employee for the	28713
person employing that employee, if any of such service is excepted	28714
by division (B)(3)(o) of this section.	28715

(C) "Benefits" means money payments payable to an individual	28716
who has established benefit rights, as provided in this chapter,	28717
for loss of remuneration due to the individual's unemployment.	28718

(D) "Benefit rights" means the weekly benefit amount and the	28719
maximum benefit amount that may become payable to an individual	28720
within the individual's benefit year as determined by the	28721
director.	28722

(E) "Claim for benefits" means a claim for waiting period or	28723
benefits for a designated week.	28724

(F) "Additional claim" means the first claim for benefits	28725
filed following any separation from employment during a benefit	28726
year; "continued claim" means any claim other than the first claim	28727
for benefits and other than an additional claim.	28728

(G)(1) "Wages" means remuneration paid to an employee by each	28729
of the employee's employers with respect to employment; except	28730
that wages shall not include that part of remuneration paid during	28731
any calendar year to an individual by an employer or such	28732
employer's predecessor in interest in the same business or	28733
enterprise, which in any calendar year is in excess of eight	28734
thousand two hundred fifty dollars on and after January 1, 1992;	28735
eight thousand five hundred dollars on and after January 1, 1993;	28736
eight thousand seven hundred fifty dollars on and after January 1,	28737
1994; and nine thousand dollars on and after January 1, 1995.	28738
Remuneration in excess of such amounts shall be deemed wages	28739
subject to contribution to the same extent that such remuneration	28740
is defined as wages under the "Federal Unemployment Tax Act," 84	28741
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	28742
remuneration paid an employee by an employer with respect to	28743
employment in another state, upon which contributions were	28744
required and paid by such employer under the unemployment	28745
compensation act of such other state, shall be included as a part	28746
of remuneration in computing the amount specified in this	28747
division.	28748

(2) Notwithstanding division (G)(1) of this section, if, as	28749
of the computation date for any calendar year, the director	28750
determines that the level of the unemployment compensation fund is	28751
sixty per cent or more below the minimum safe level as defined in	28752
section 4141.25 of the Revised Code, then, effective the first day	28753
of January of the following calendar year, wages subject to this	28754
chapter shall not include that part of remuneration paid during	28755
any calendar year to an individual by an employer or such	28756
employer's predecessor in interest in the same business or	28757
enterprise which is in excess of nine thousand dollars. The	28758
increase in the dollar amount of wages subject to this chapter	28759
under this division shall remain in effect from the date of the	28760
director's determination pursuant to division (G)(2) of this	28761
section and thereafter notwithstanding the fact that the level in	28762
the fund may subsequently become less than sixty per cent below	28763
the minimum safe level.	28764

(H)(1) "Remuneration" means all compensation for personal	28765
services, including commissions and bonuses and the cash value of	28766
all compensation in any medium other than cash, except that in the	28767
case of agricultural or domestic service, "remuneration" includes	28768
only cash remuneration. Gratuities customarily received by an	28769
individual in the course of the individual's employment from	28770
persons other than the individual's employer and which are	28771
accounted for by such individual to the individual's employer are	28772
taxable wages.	28773

The reasonable cash value of compensation paid in any medium	28774
other than cash shall be estimated and determined in accordance	28775
with rules prescribed by the director, provided that	28776
"remuneration" does not include:	28777

(a) Payments as provided in divisions (b)(2) to (b)~~(16)~~(20)	28778
of section 3306 of the "Federal Unemployment Tax Act," 84 Stat.	28779
713, 26 U.S.C.A. 3301 to 3311, as amended;	28780

(b) The payment by an employer, without deduction from the	28781
remuneration of the individual in the employer's employ, of the	28782
tax imposed upon an individual in the employer's employ under	28783
section 3101 of the "Internal Revenue Code of 1954," with respect	28784
to services performed after October 1, 1941.	28785

(2) "Cash remuneration" means all remuneration paid in cash,	28786
including commissions and bonuses, but not including the cash	28787
value of all compensation in any medium other than cash.	28788

(I) "Interested party" means the director and any party to	28789
whom notice of a determination of an application for benefit	28790
rights or a claim for benefits is required to be given under	28791
section 4141.28 of the Revised Code.	28792

(J) "Annual payroll" means the total amount of wages subject	28793
to contributions during a twelve-month period ending with the last	28794
day of the second calendar quarter of any calendar year.	28795

(K) "Average annual payroll" means the average of the last	28796
three annual payrolls of an employer, provided that if, as of any	28797
computation date, the employer has had less than three annual	28798
payrolls in such three-year period, such average shall be based on	28799
the annual payrolls which the employer has had as of such date.	28800

(L)(1) "Contributions" means the money payments to the state	28801
unemployment compensation fund required of employers by section	28802
4141.25 of the Revised Code and of the state and any of its	28803
political subdivisions electing to pay contributions under section	28804
4141.242 of the Revised Code. Employers paying contributions shall	28805
be described as "contributory employers."	28806

(2) "Payments in lieu of contributions" means the money	28807
payments to the state unemployment compensation fund required of	28808
reimbursing employers under sections 4141.241 and 4141.242 of the	28809
Revised Code.	28810

(M) An individual is "totally unemployed" in any week during	28811
which the individual performs no services and with respect to such	28812
week no remuneration is payable to the individual.	28813

(N) An individual is "partially unemployed" in any week if,	28814
due to involuntary loss of work, the total remuneration payable to	28815
the individual for such week is less than the individual's weekly	28816
benefit amount.	28817

(O) "Week" means the calendar week ending at midnight	28818
Saturday unless an equivalent week of seven consecutive calendar	28819
days is prescribed by the director.	28820

(1) "Qualifying week" means any calendar week in an	28821
individual's base period with respect to which the individual	28822
earns or is paid remuneration in employment subject to this	28823
chapter. A calendar week with respect to which an individual earns	28824
remuneration but for which payment was not made within the base	28825
period, when necessary to qualify for benefit rights, may be	28826
considered to be a qualifying week. The number of qualifying weeks	28827
which may be established in a calendar quarter shall not exceed	28828
the number of calendar weeks in the quarter.	28829

(2) "Average weekly wage" means the amount obtained by	28830
dividing an individual's total remuneration for all qualifying	28831
weeks during the base period by the number of such qualifying	28832
weeks, provided that if the computation results in an amount that	28833
is not a multiple of one dollar, such amount shall be rounded to	28834
the next lower multiple of one dollar.	28835

(P) "Weekly benefit amount" means the amount of benefits an	28836
individual would be entitled to receive for one week of total	28837
unemployment.	28838

(Q)(1) "Base period" means the first four of the last five	28839
completed calendar quarters immediately preceding the first day of	28840
an individual's benefit year, except as provided in division	28841
(Q)(2) of this section.	28842

(2) If an individual does not have sufficient qualifying	28843
weeks and wages in the base period to qualify for benefit rights,	28844
the individual's base period shall be the four most recently	28845
completed calendar quarters preceding the first day of the	28846
individual's benefit year. Such base period shall be known as the	28847
"alternate base period." If information as to weeks and wages for	28848
the most recent quarter of the alternate base period is not	28849
available to the director from the regular quarterly reports of	28850
wage information, which are systematically accessible, the	28851
director may, consistent with the provisions of section 4141.28 of	28852
the Revised Code, base the determination of eligibility for	28853
benefits on the affidavit of the claimant with respect to weeks	28854
and wages for that calendar quarter. The claimant shall furnish	28855
payroll documentation, where available, in support of the	28856
affidavit. The determination based upon the alternate base period	28857
as it relates to the claimant's benefit rights, shall be amended	28858
when the quarterly report of wage information from the employer is	28859
timely received and that information causes a change in the	28860
determination. As provided in division (B) of section 4141.28 of	28861
the Revised Code, any benefits paid and charged to an employer's	28862
account, based upon a claimant's affidavit, shall be adjusted	28863
effective as of the beginning of the claimant's benefit year. No	28864
calendar quarter in a base period or alternate base period shall	28865
be used to establish a subsequent benefit year.	28866

(3) The "base period" of a combined wage claim, as described	28867
in division (H) of section 4141.43 of the Revised Code, shall be	28868
the base period prescribed by the law of the state in which the	28869
claim is allowed.	28870

(4) For purposes of determining the weeks that comprise a	28871
completed calendar quarter under this division, only those weeks	28872
ending at midnight Saturday within the calendar quarter shall be	28873
utilized.	28874

(R)(1) "Benefit year" with respect to an individual means the	28875
fifty-two week period beginning with the first day of that week	28876
with respect to which the individual first files a valid	28877
application for determination of benefit rights, and thereafter	28878
the fifty-two week period beginning with the first day of that	28879
week with respect to which the individual next files a valid	28880
application for determination of benefit rights after the	28881
termination of the individual's last preceding benefit year,	28882
except that the application shall not be considered valid unless	28883
the individual has had employment in six weeks that is subject to	28884
this chapter or the unemployment compensation act of another	28885
state, or the United States, and has, since the beginning of the	28886
individual's previous benefit year, in the employment earned three	28887
times the average weekly wage determined for the previous benefit	28888
year. The "benefit year" of a combined wage claim, as described in	28889
division (H) of section 4141.43 of the Revised Code, shall be the	28890
benefit year prescribed by the law of the state in which the claim	28891
is allowed. Any application for determination of benefit rights	28892
made in accordance with section 4141.28 of the Revised Code is	28893
valid if the individual filing such application is unemployed, has	28894
been employed by an employer or employers subject to this chapter	28895
in at least twenty qualifying weeks within the individual's base	28896
period, and has earned or been paid remuneration at an average	28897
weekly wage of not less than twenty-seven and one-half per cent of	28898
the statewide average weekly wage for such weeks. For purposes of	28899
determining whether an individual has had sufficient employment	28900
since the beginning of the individual's previous benefit year to	28901
file a valid application, "employment" means the performance of	28902
services for which remuneration is payable.	28903

(2) Effective for benefit years beginning on and after	28904
December 26, 2004, any application for determination of benefit	28905
rights made in accordance with section 4141.28 of the Revised Code	28906
is valid if the individual satisfies the criteria described in	28907
division (R)(1) of this section, and if the reason for the	28908
individual's separation from employment is not disqualifying	28909
pursuant to division (D)(2) of section 4141.29 or section 4141.291	28910
of the Revised Code. A disqualification imposed pursuant to	28911
division (D)(2) of section 4141.29 or section 4141.291 of the	28912
Revised Code must be removed as provided in those sections as a	28913
requirement of establishing a valid application for benefit years	28914
beginning on and after December 26, 2004.	28915

(3) The statewide average weekly wage shall be calculated by	28916
the director once a year based on the twelve-month period ending	28917
the thirtieth day of June, as set forth in division (B)(3) of	28918
section 4141.30 of the Revised Code, rounded down to the nearest	28919
dollar. Increases or decreases in the amount of remuneration	28920
required to have been earned or paid in order for individuals to	28921
have filed valid applications shall become effective on Sunday of	28922
the calendar week in which the first day of January occurs that	28923
follows the twelve-month period ending the thirtieth day of June	28924
upon which the calculation of the statewide average weekly wage	28925
was based.	28926

(4) As used in this division, an individual is "unemployed"	28927
if, with respect to the calendar week in which such application is	28928
filed, the individual is "partially unemployed" or "totally	28929
unemployed" as defined in this section or if, prior to filing the	28930
application, the individual was separated from the individual's	28931
most recent work for any reason which terminated the individual's	28932
employee-employer relationship, or was laid off indefinitely or	28933
for a definite period of seven or more days.	28934

(S) "Calendar quarter" means the period of three consecutive	28935
calendar months ending on the thirty-first day of March, the	28936
thirtieth day of June, the thirtieth day of September, and the	28937
thirty-first day of December, or the equivalent thereof as the	28938
director prescribes by rule.	28939

(T) "Computation date" means the first day of the third	28940
calendar quarter of any calendar year.	28941

(U) "Contribution period" means the calendar year beginning	28942
on the first day of January of any year.	28943

(V) "Agricultural labor," for the purpose of this division,	28944
means any service performed prior to January 1, 1972, which was	28945
agricultural labor as defined in this division prior to that date,	28946
and service performed after December 31, 1971:	28947

(1) On a farm, in the employ of any person, in connection	28948
with cultivating the soil, or in connection with raising or	28949
harvesting any agricultural or horticultural commodity, including	28950
the raising, shearing, feeding, caring for, training, and	28951
management of livestock, bees, poultry, and fur-bearing animals	28952
and wildlife;	28953

(2) In the employ of the owner or tenant or other operator of	28954
a farm in connection with the operation, management, conservation,	28955
improvement, or maintenance of such farm and its tools and	28956
equipment, or in salvaging timber or clearing land of brush and	28957
other debris left by hurricane, if the major part of such service	28958
is performed on a farm;	28959

(3) In connection with the production or harvesting of any	28960
commodity defined as an agricultural commodity in section 15 (g)	28961
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	28962
U.S.C. 1141j, as amended, or in connection with the ginning of	28963
cotton, or in connection with the operation or maintenance of	28964
ditches, canals, reservoirs, or waterways, not owned or operated	28965
for profit, used exclusively for supplying and storing water for	28966
farming purposes;	28967

(4) In the employ of the operator of a farm in handling,	28968
planting, drying, packing, packaging, processing, freezing,	28969
grading, storing, or delivering to storage or to market or to a	28970
carrier for transportation to market, in its unmanufactured state,	28971
any agricultural or horticultural commodity, but only if the	28972
operator produced more than one half of the commodity with respect	28973
to which such service is performed;	28974

(5) In the employ of a group of operators of farms, or a	28975
cooperative organization of which the operators are members, in	28976
the performance of service described in division (V)(4) of this	28977
section, but only if the operators produced more than one-half of	28978
the commodity with respect to which the service is performed;	28979

(6) Divisions (V)(4) and (5) of this section shall not be	28980
deemed to be applicable with respect to service performed:	28981

(a) In connection with commercial canning or commercial	28982
freezing or in connection with any agricultural or horticultural	28983
commodity after its delivery to a terminal market for distribution	28984
for consumption; or	28985

(b) On a farm operated for profit if the service is not in	28986
the course of the employer's trade or business.	28987

As used in division (V) of this section, "farm" includes	28988
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	28989
plantations, ranches, nurseries, ranges, greenhouses, or other	28990
similar structures used primarily for the raising of agricultural	28991
or horticultural commodities and orchards.	28992

(W) "Hospital" means an institution which has been registered	28993
or licensed by the Ohio department of health as a hospital.	28994

(X) "Nonprofit organization" means an organization, or group	28995
of organizations, described in section 501(c)(3) of the "Internal	28996
Revenue Code of 1954," and exempt from income tax under section	28997
501(a) of that code.	28998

(Y) "Institution of higher education" means a public or	28999
nonprofit educational institution, including an educational	29000
institution operated by an Indian tribe, which:	29001

(1) Admits as regular students only individuals having a	29002
certificate of graduation from a high school, or the recognized	29003
equivalent;	29004

(2) Is legally authorized in this state or by the Indian	29005
tribe to provide a program of education beyond high school; and	29006

(3) Provides an educational program for which it awards a	29007
bachelor's or higher degree, or provides a program which is	29008
acceptable for full credit toward such a degree, a program of	29009
post-graduate or post-doctoral studies, or a program of training	29010
to prepare students for gainful employment in a recognized	29011
occupation.	29012

For the purposes of this division, all colleges and	29013
universities in this state are institutions of higher education.	29014

(Z) For the purposes of this chapter, "states" includes the	29015
District of Columbia, the Commonwealth of Puerto Rico, and the	29016
Virgin Islands.	29017

(AA) "Alien" means, for the purposes of division (A)(1)(d) of	29018
this section, an individual who is an alien admitted to the United	29019
States to perform service in agricultural labor pursuant to	29020
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	29021
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	29022

(BB)(1) "Crew leader" means an individual who furnishes	29023
individuals to perform agricultural labor for any other employer	29024
or farm operator, and:	29025

(a) Pays, either on the individual's own behalf or on behalf	29026
of the other employer or farm operator, the individuals so	29027
furnished by the individual for the service in agricultural labor	29028
performed by them;	29029

(b) Has not entered into a written agreement with the other	29030
employer or farm operator under which the agricultural worker is	29031
designated as in the employ of the other employer or farm	29032
operator.	29033

(2) For the purposes of this chapter, any individual who is a	29034
member of a crew furnished by a crew leader to perform service in	29035
agricultural labor for any other employer or farm operator shall	29036
be treated as an employee of the crew leader if:	29037

(a) The crew leader holds a valid certificate of registration	29038
under the "Farm Labor Contractor Registration Act of 1963," 90	29039
Stat. 2668, 7 U.S.C. 2041; or	29040

(b) Substantially all the members of the crew operate or	29041
maintain tractors, mechanized harvesting or crop-dusting	29042
equipment, or any other mechanized equipment, which is provided by	29043
the crew leader; and	29044

(c) If the individual is not in the employment of the other	29045
employer or farm operator within the meaning of division (B)(1) of	29046
this section.	29047

(3) For the purposes of this division, any individual who is	29048
furnished by a crew leader to perform service in agricultural	29049
labor for any other employer or farm operator and who is not	29050
treated as in the employment of the crew leader under division	29051
(BB)(2) of this section shall be treated as the employee of the	29052
other employer or farm operator and not of the crew leader. The	29053
other employer or farm operator shall be treated as having paid	29054
cash remuneration to the individual in an amount equal to the	29055
amount of cash remuneration paid to the individual by the crew	29056
leader, either on the crew leader's own behalf or on behalf of the	29057
other employer or farm operator, for the service in agricultural	29058
labor performed for the other employer or farm operator.	29059

(CC) "Educational institution" means an institution other	29060
than an institution of higher education as defined in division (Y)	29061
of this section, including an educational institution operated by	29062
an Indian tribe, which:	29063

(1) Offers participants, trainees, or students an organized	29064
course of study or training designed to transfer to them	29065
knowledge, skills, information, doctrines, attitudes, or abilities	29066
from, by, or under the guidance of an instructor or teacher; and	29067

(2) Is approved, chartered, or issued a permit to operate as	29068
a school by the state board of education, other government agency,	29069
or Indian tribe that is authorized within the state to approve,	29070
charter, or issue a permit for the operation of a school.	29071

For the purposes of this division, the courses of study or	29072
training which the institution offers may be academic, technical,	29073
trade, or preparation for gainful employment in a recognized	29074
occupation.	29075

(DD) "Cost savings day" means any unpaid day off from work in	29076
which employees continue to accrue employee benefits which have a	29077
determinable value including, but not limited to, vacation,	29078
pension contribution, sick time, and life and health insurance.	29079

Sec. 4141.09. (A) There is hereby created an unemployment	29080
compensation fund to be administered by the state without	29081
liability on the part of the state beyond the amounts paid into	29082
the fund and earned by the fund. The unemployment compensation	29083
fund shall consist of all contributions, payments in lieu of	29084
contributions described in sections 4141.241 and 4141.242 of the	29085
Revised Code, reimbursements of the federal share of extended	29086
benefits described in section 4141.301 of the Revised Code,	29087
collected under sections 4141.01 to 4141.56 of the Revised Code,	29088
and the amount required under division (A)(4) of section 4141.35	29089
of the Revised Code, together with all interest earned upon any	29090
moneys deposited with the secretary of the treasury of the United	29091
States to the credit of the account of this state in the	29092
unemployment trust fund established and maintained pursuant to	29093
section 904 of the "Social Security Act," any property or	29094
securities acquired through the use of moneys belonging to the	29095
fund, and all earnings of such property or securities. The	29096
unemployment compensation fund shall be used to pay benefits,	29097
shared work compensation as defined in section 4141.50 of the	29098
Revised Code, and refunds as provided by such sections and for no	29099
other purpose.	29100

(B) The treasurer of state shall be the custodian of the	29101
unemployment compensation fund and shall administer such fund in	29102
accordance with the directions of the director of job and family	29103
services. All disbursements therefrom shall be paid by the	29104
treasurer of state on warrants drawn by the director. Such	29105
warrants may bear the facsimile signature of the director printed	29106
thereon and that of a deputy or other employee of the director	29107
charged with the duty of keeping the account of the unemployment	29108
compensation fund and with the preparation of warrants for the	29109
payment of benefits to the persons entitled thereto. Moneys in the	29110
clearing and benefit accounts shall not be commingled with other	29111
state funds, except as provided in division (C) of this section,	29112
but shall be maintained in separate accounts on the books of the	29113
depositary bank. Such money shall be secured by the depositary	29114
bank to the same extent and in the same manner as required by	29115
sections 135.01 to 135.21 of the Revised Code; and collateral	29116
pledged for this purpose shall be kept separate and distinct from	29117
any collateral pledged to secure other funds of this state. All	29118
sums recovered for losses sustained by the unemployment	29119
compensation fund shall be deposited therein. The treasurer of	29120
state shall be liable on the treasurer's official bond for the	29121
faithful performance of the treasurer's duties in connection with	29122
the unemployment compensation fund, such liability to exist in	29123
addition to any liability upon any separate bond.	29124

(C) The treasurer of state shall maintain within the	29125
unemployment compensation fund three separate accounts which shall	29126
be a clearing account, a trust fund account, and a benefit	29127
account. All moneys payable to the unemployment compensation fund,	29128
upon receipt by the director, shall be forwarded to the treasurer	29129
of state, who shall immediately deposit them in the clearing	29130
account. Refunds of contributions, or payments in lieu of	29131
contributions, payable pursuant to division (E) of this section	29132
may be paid from the clearing account upon warrants signed by a	29133
deputy or other employee of the director charged with the duty of	29134
keeping the record of the clearing account and with the	29135
preparation of warrants for the payment of refunds to persons	29136
entitled thereto. After clearance thereof, all moneys in the	29137
clearing account shall be deposited with the secretary of the	29138
treasury of the United States to the credit of the account of this	29139
state in the unemployment trust fund established and maintained	29140
pursuant to section 904 of the "Social Security Act," in	29141
accordance with requirements of the "Federal Unemployment Tax	29142
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301, 3304(a)(3), any law	29143
in this state relating to the deposit, administration, release, or	29144
disbursement of moneys in the possession or custody of this state	29145
to the contrary notwithstanding. The benefit account shall consist	29146
of all moneys requisitioned from this state's account in the	29147
unemployment trust fund. Federal funds may be deposited, at the	29148
director's discretion, into the benefit account. Any funds	29149
deposited into the benefit account shall be disbursed solely for	29150
payment of benefits under a federal program administered by this	29151
state and for no other purpose. Moneys in the clearing and benefit	29152
accounts may be deposited by the treasurer of state, under the	29153
direction of the director, in any bank or public depositary in	29154
which general funds of the state may be deposited, but no public	29155
deposit insurance charge or premium shall be paid out of the fund.	29156

(D) Moneys shall be requisitioned from this state's account	29157
in the unemployment trust fund solely for the payment of benefits	29158
and in accordance with regulations prescribed by the director. The	29159
director shall requisition from the unemployment trust fund such	29160
amounts, not exceeding the amount standing to this state's account	29161
therein, as are deemed necessary for the payment of benefits for a	29162
reasonable future period. Upon receipt thereof, the treasurer of	29163
state shall deposit such moneys in the benefit account.	29164
Expenditures of such money in the benefit account and refunds from	29165
the clearing account shall not require specific appropriations or	29166
other formal release by state officers of money in their custody.	29167
Any balance of moneys requisitioned from the unemployment trust	29168
fund which remains unclaimed or unpaid in the benefit account	29169
after the expiration of the period for which such sums were	29170
requisitioned shall either be deducted from estimates for and may	29171
be utilized for the payment of benefits during succeeding periods,	29172
or, in the discretion of the director, shall be redeposited with	29173
the secretary of the treasury of the United States to the credit	29174
of this state's account in the unemployment trust fund, as	29175
provided in division (C) of this section. Unclaimed or unpaid	29176
federal funds redeposited with the secretary of the treasury of	29177
the United States shall be credited to the appropriate federal	29178
account.	29179

(E) No claim for an adjustment or a refund on contribution,	29180
payment in lieu of contributions, interest, or forfeiture alleged	29181
to have been erroneously or illegally assessed or collected, or	29182
alleged to have been collected without authority, and no claim for	29183
an adjustment or a refund of any sum alleged to have been	29184
excessive or in any manner wrongfully collected shall be allowed	29185
unless an application, in writing, therefor is made within four	29186
years from the date on which such payment was made. If the	29187
director determines that such contribution, payment in lieu of	29188
contributions, interest, or forfeiture, or any portion thereof,	29189
was erroneously collected, the director shall allow such employer	29190
to make an adjustment thereof without interest in connection with	29191
subsequent contribution payments, or payments in lieu of	29192
contributions, by the employer, or the director may refund said	29193
amount, without interest, from the clearing account of the	29194
unemployment compensation fund, except as provided in division (B)	29195
of section 4141.11 of the Revised Code. For like cause and within	29196
the same period, adjustment or refund may be so made on the	29197
director's own initiative. An overpayment of contribution, payment	29198
in lieu of contributions, interest, or forfeiture for which an	29199
employer has not made application for refund prior to the date of	29200
sale of the employer's business shall accrue to the employer's	29201
successor in interest.	29202

An application for an adjustment or a refund, or any portion	29203
thereof, that is rejected is binding upon the employer unless,	29204
within thirty days after the mailing of a written notice of	29205
rejection to the employer's last known address, or, in the absence	29206
of mailing of such notice, within thirty days after the delivery	29207
of such notice, the employer files an application for a review and	29208
redetermination setting forth the reasons therefor. The director	29209
shall promptly examine the application for review and	29210
redetermination, and if a review is granted, the employer shall be	29211
promptly notified thereof, and shall be granted an opportunity for	29212
a prompt hearing.	29213

(F) If the director finds that contributions have been paid	29214
to the director in error, and that such contributions should have	29215
been paid to a department of another state or of the United States	29216
charged with the administration of an unemployment compensation	29217
law, the director may upon request by such department or upon the	29218
director's own initiative transfer to such department the amount	29219
of such contributions, less any benefits paid to claimants whose	29220
wages were the basis for such contributions. The director may	29221
request and receive from such department any contributions or	29222
adjusted contributions paid in error to such department which	29223
should have been paid to the director.	29224

(G) In accordance with section 303(c)(3) of the Social	29225
Security Act, and section 3304(a)(17) of the Internal Revenue Code	29226
of 1954 for continuing certification of Ohio unemployment	29227
compensation laws for administrative grants and for tax credits,	29228
any interest required to be paid on advances under Title XII of	29229
the Social Security Act shall be paid in a timely manner and shall	29230
not be paid, directly or indirectly, by an equivalent reduction in	29231
the Ohio unemployment taxes or otherwise, by the state from	29232
amounts in the unemployment compensation fund.	29233

(H) ~~The treasurer of state, under the direction of the~~	29234
~~director and in accordance with the "Cash Management Improvement~~	29235
~~Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit~~	29236
~~amounts of interest earned by the state on funds in the benefit~~	29237
~~account established pursuant to division (C) of this section into~~	29238
~~the department of job and family services banking fees fund, which~~	29239
~~is hereby created in the state treasury for the purpose of paying~~	29240
~~related banking costs incurred by the state for the period for~~	29241
~~which the interest is calculated, except that if the deposited~~	29242
~~interest exceeds the banking costs incurred by the state for the~~	29243
~~period for which the interest is calculated, the treasurer of~~	29244
~~state shall deposit the excess interest into the unemployment~~	29245
~~trust fund.~~	29246

~~(I)~~ The treasurer of state, under the direction of the	29247
director, shall deposit federal funds received by the director for	29248
training and administration and for payment of benefits, job	29249
search, relocation, transportation, and subsistence allowances	29250
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	29251
2101, as amended; the "North American Free Trade Agreement	29252
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as	29253
amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A.	29254
3801, as amended, into the Trade Act training and administration	29255
account, which is hereby created for the purpose of making	29256
payments specified under those acts. The treasurer of state, under	29257
the direction of the director, may transfer funds from the Trade	29258
Act training and administration account to the benefit account for	29259
the purpose of making any payments directly to claimants for	29260
benefits, job search, relocation, transportation, and subsistence	29261
allowances, as specified by those acts.	29262

Sec. 4141.11. There is hereby created in the state treasury	29263
the unemployment compensation special administrative fund. The	29264
fund shall consist of all interest collected on delinquent	29265
contributions pursuant to this chapter, all fines and forfeitures	29266
collected under this chapter, all money received from the sale of	29267
real property under section 4141.131 of the Revised Code, the	29268
amount required under division (A)(4) of section 4141.35 of the	29269
Revised Code, and all court costs and interest paid or collected	29270
in connection with the repayment of fraudulently obtained benefits	29271
pursuant to section 4141.35 of the Revised Code. All interest	29272
earned on the money in the fund shall be retained in the fund and	29273
shall not be credited or transferred to any other fund or account,	29274
except as provided in division (B) of this section. All moneys	29275
which are deposited or paid into this fund may be used by:	29276

(A) The director of job and family services whenever it	29277
appears that such use is necessary for:	29278

(1) The proper administration of this chapter and no federal	29279
funds are available for the specific purpose for which the	29280
expenditure is to be made, provided the moneys are not substituted	29281
for appropriations from federal funds, which in the absence of	29282
such moneys would be available;	29283

(2) The proper administration of this chapter for which	29284
purpose appropriations from federal funds have been requested and	29285
approved but not received, provided the fund would be reimbursed	29286
upon receipt of the federal appropriation;	29287

(3) To the extent possible, the repayment to the unemployment	29288
compensation administration fund of moneys found by the proper	29289
agency of the United States to have been lost or expended for	29290
purposes other than, or an amount in excess of, those found	29291
necessary by the proper agency of the United States for the	29292
administration of this chapter.	29293

(B) The director or the director's deputy whenever it appears	29294
that such use is necessary for the payment of refunds or	29295
adjustments of interest, fines, forfeitures, or court costs	29296
erroneously collected and paid into this fund pursuant to this	29297
chapter.	29298

(C) The director, to pay state disaster unemployment benefits	29299
pursuant to section 4141.292 of the Revised Code.	29300

(D) The director, to pay any costs attributable to the	29301
director that are associated with the sale of real property under	29302
section 4141.131 of the Revised Code.	29303

Whenever the balance in the unemployment compensation special	29304
administrative fund is considered to be excessive by the director,	29305
the director shall request the director of budget and management	29306
to transfer to the unemployment compensation fund the amount	29307
considered to be excessive. Any balance in the unemployment	29308
compensation special administrative fund shall not lapse at any	29309
time, but shall be continuously available to the director of job	29310
and family services for expenditures consistent with this chapter.	29311

Sec. 4141.131. ~~(A)~~ The director of job and family services	29312
may enter into contracts for the sale of real property no longer	29313
needed by the director for the operations of the director under	29314
this title. Any costs attributable to the director that are	29315
associated with the sale of real property under this section shall	29316
be paid out of the unemployment compensation special	29317
administrative fund established pursuant to section 4141.11 of the	29318
Revised Code. The director shall submit a report summarizing the	29319
use of that fund for the purpose of this section at least annually	29320
to the unemployment compensation advisory council as prescribed by	29321
the council.	29322

~~(B)(1) Earnest moneys from the sale of real property pursuant~~	29323
~~to division (A) of this section shall be deposited into the~~	29324
~~department of job and family services building consolidation fund,~~	29325
~~which is hereby created in the state treasury. The balance of the~~	29326
~~purchase price shall be deposited into the department of job and~~	29327
~~family services building enhancement fund, which is hereby created~~	29328
~~in the state treasury. The building enhancement fund shall retain~~	29329
~~its own interest. Upon completion of the sale and the request of~~	29330
~~the director, the treasurer of state shall transfer the earnest~~	29331
~~moneys in the building consolidation fund into the building~~	29332
~~enhancement fund. The director shall use the interest earned on~~	29333
~~the moneys in the building enhancement fund only in accordance~~	29334
~~with division (C) of this section.~~	29335

~~(2) The director shall deposit sufficient moneys from the~~	29336
~~sale of real property pursuant to division (A) of this section~~	29337
~~into the unemployment compensation special administrative fund to~~	29338
~~reimburse the fund for all costs associated with the sale of that~~	29339
~~real property.~~	29340

~~(C) The director shall use the moneys in the building~~	29341
~~enhancement fund from the sale of real property pursuant to~~	29342
~~division (A) of this section, less the costs of the sale as~~	29343
~~specified in division (B)(2) of this section, in accordance with~~	29344
~~the provisions and requirements of the "Social Security Act," 49~~	29345
~~Stat. 626 (1935), 52 U.S.C. 502(a) and 1103(c)(2), and the~~	29346
~~instructions of the United States department of labor, to improve~~	29347
~~buildings owned by or under the control of the director. If the~~	29348
~~director determines that there are no buildings for which money in~~	29349
~~the building enhancement fund may be used, the money shall be~~	29350
~~returned to the United States department of labor.~~	29351

~~(D)~~ The auditor of state, with the assistance of the attorney	29352
general, shall prepare a deed to the real property being sold upon	29353
notice from the director that a contract for the sale of that	29354
property has been executed in accordance with this section. The	29355
deed shall state the consideration and any conditions placed upon	29356
the sale. The deed shall be executed by the governor in the name	29357
of the state, countersigned by the secretary of state, sealed with	29358
the great seal of the state, presented in the office of the	29359
auditor of state for recording, and delivered to the buyer upon	29360
payment of the balance of the purchase price.	29361

The buyer shall present the deed for recording in the county	29362
recorder's office of the county in which the real property is	29363
located.	29364

Sec. 4141.20. (A) Every employer, including those not	29365
otherwise subject to this chapter, shall furnish the director of	29366
job and family services upon request all information required by	29367
the director to carry out the requirements of this chapter. Every	29368
employer receiving from the director any blank with direction to	29369
fill it out shall cause it to be properly filled out, in the	29370
manner prescribed by the director, so as to answer fully and	29371
correctly all questions therein propounded, and shall furnish all	29372
the information therein sought, or, if unable to do so, that	29373
employer shall give the director in writing good and sufficient	29374
reason for such failure.	29375

The director may require that such information be verified	29376
under oath and returned to the director within the period fixed by	29377
the director or by law. The director or any person employed by the	29378
director for that purpose may examine under oath any such	29379
employer, or the officer, agent, or employee of that employer, for	29380
the purpose of ascertaining any information that the employer is	29381
required by this chapter to furnish to the director. ~~Any employer~~	29382
~~who fails to furnish information as is required by the director~~	29383
~~under authority of this section shall forfeit five hundred dollars~~	29384
~~to be collected in a civil action brought against the employer in~~	29385
~~the name of the state.~~	29386

(B) ~~Effective with the calendar quarter beginning April 1,~~	29387
~~1987, every contributory employer shall file a quarterly~~	29388
~~contribution report and a quarterly report of wages. The quarterly~~	29389
~~reports shall be filed no later than the last day of the first~~	29390
~~month following the close of the calendar quarter for which the~~	29391
~~quarterly reports are being filed. The employer shall enter on the~~	29392
~~quarterly contribution report the total and taxable remuneration~~	29393
~~paid to all employees during the quarter. The employer shall enter~~	29394
~~on the quarterly report of wages the name and social security~~	29395
~~number of each individual employed during the calendar quarter,~~	29396
~~the total remuneration paid the individual, the number of weeks~~	29397
~~during the quarter for which the individual was paid remuneration,~~	29398
~~and any other information as required by section 1137 of the~~	29399
~~"Social Security Act."~~	29400

~~Effective until the calendar quarter beginning January 1,~~	29401
~~1993, in case of failure to file the quarterly contribution report~~	29402
~~or the report of wages containing all the required contribution~~	29403
~~and wage information within the time prescribed by this section,~~	29404
~~there shall be assessed a forfeiture amounting to ten per cent of~~	29405
~~the contributions due; provided such forfeiture shall not be less~~	29406
~~than twenty-five nor more than two hundred fifty dollars. The~~	29407
~~director may waive the forfeiture only with respect to the report~~	29408
~~of wages, and the waiver may be approved only if the employer~~	29409
~~shows good cause for failure to file the required information.~~	29410

~~Effective with the calendar quarter beginning January 1,~~	29411
~~1993, in case of failure to file the quarterly contribution report~~	29412
~~containing all the required information within the time prescribed~~	29413
~~by this section, there shall be assessed a forfeiture amounting to~~	29414
~~twenty-five one-hundredths of one per cent of the total~~	29415
~~remuneration paid by the employer, provided such forfeiture shall~~	29416
~~not be less than thirty nor more than five hundred dollars per~~	29417
~~quarterly contribution report. The director may waive the~~	29418
~~forfeiture only if the employer provides to the director a written~~	29419
~~statement showing good cause for failure to file the required~~	29420
~~quarterly contribution report.~~	29421

~~Effective with the calendar quarter beginning January 1,~~	29422
~~1993, in case of failure to file the quarterly report of wages~~	29423
~~containing all the required information within the time prescribed~~	29424
~~by this section, there shall be assessed a forfeiture amounting to~~	29425
~~twenty-five one-hundredths of one per cent of the total~~	29426
~~remuneration paid by the employer, provided such forfeiture shall~~	29427
~~be not less than thirty nor more than five hundred dollars per~~	29428
~~quarterly report of wages. The director may waive the forfeiture~~	29429
~~only if the employer provides to the director a written statement~~	29430
~~showing good cause for failure to file the required quarterly~~	29431
~~report of wages.~~	29432

~~(C) Effective with the calendar quarter beginning April 1,~~	29433
~~1987, every employer liable for payments in lieu of contributions~~	29434
~~shall file a quarterly payroll report and a quarterly report of~~	29435
~~wages. The employer shall file the quarterly reports no later than~~	29436
~~the last day of the first month following the close of the~~	29437
~~calendar quarter for which the quarterly reports are being filed.~~	29438
~~The employer shall enter on the quarterly payroll report the total~~	29439
~~remuneration paid to all employees during the quarter and the~~	29440
~~total wages that would have been taxable had the employer been~~	29441
~~subject to contributions. The employer shall enter on the~~	29442
~~quarterly report of wages the name and social security number of~~	29443
~~each individual employed during the calendar quarter, the total~~	29444
~~remuneration paid the individual, the number of weeks during the~~	29445
~~quarter for which the individual was paid remuneration, and any~~	29446
~~other information as required by section 1137 of the "Social~~	29447
~~Security Act."~~	29448

~~Effective until the calendar quarter beginning January 1,~~	29449
~~1993, in case of failure to file the quarterly payroll report or~~	29450
~~the report of wages containing all of the required payroll or wage~~	29451
~~information within the time prescribed by this section, the~~	29452
~~employer shall be assessed a forfeiture of twenty-five dollars per~~	29453
~~report. The director may waive the forfeiture only with respect to~~	29454
~~the report of wages, and such waiver may be approved only if the~~	29455
~~employer shows good cause for failure to file the required~~	29456
~~information.~~	29457

~~Effective with the calendar quarter beginning January 1,~~	29458
~~1993, in case of failure to file the quarterly payroll report~~	29459
~~containing all the required wage information within the time~~	29460
~~prescribed by this section, the employer shall be assessed a~~	29461
~~forfeiture amounting to twenty-five one-hundredths of one per cent~~	29462
~~of the total remuneration paid by the employer, provided such~~	29463
~~forfeiture shall not be less than thirty nor more than five~~	29464
~~hundred dollars per quarterly payroll report. The director may~~	29465
~~waive the forfeiture only if the employer provides to the director~~	29466
~~a written statement showing good cause for failure to file the~~	29467
~~required quarterly payroll report.~~	29468

~~Effective with the calendar quarter beginning January 1,~~	29469
~~1993, in case of failure to file the quarterly report of wages~~	29470
~~containing all the required information within the time prescribed~~	29471
~~by this section, there shall be assessed a forfeiture amounting to~~	29472
~~twenty-five one-hundredths of one per cent of the total~~	29473
~~remuneration paid by the employer, provided such forfeiture shall~~	29474
~~be not less than thirty nor more than five hundred dollars per~~	29475
~~quarterly report of wages. The director may waive the forfeiture~~	29476
~~only if the employer provides to the director a written statement~~	29477
~~showing good cause for failure to file the required quarterly~~	29478
~~report of wages.~~	29479

~~(D) Effective with the calendar quarter beginning January 1,~~	29480
~~2002, every~~Every contributory employer shall file a quarterly	29481
contribution and wage report. The quarterly report shall be filed	29482
not later than the last day of the first month following the close	29483
of the calendar quarter for which the quarterly report is being	29484
filed. The employer shall enter on the quarterly report the total	29485
and taxable remuneration paid to all employees during the quarter,	29486
the name and social security number of each individual employed	29487
during the calendar quarter, the total remuneration paid the	29488
individual, the number of weeks during the quarter for which the	29489
individual was paid remuneration, and any other information as	29490
required by section 1137 of the "Social Security Act."	29491

~~Effective with the calendar quarter beginning January 1,~~	29492
~~2002, in~~In case of failure to properly file the quarterly	29493
contribution and wage report containing all the required	29494
contribution and wage information within the time prescribed by	29495
this section, the director shall assess a forfeiture amounting to	29496
twenty-five one-hundredths of one per cent of the total	29497
remuneration reported by the employer, provided such forfeiture	29498
shall not be less than fifty nor more than one thousand dollars.	29499

~~(E) Effective with the calendar quarter beginning January 1,~~	29500
~~2002, every~~(C) Every employer liable for payments in lieu of	29501
contributions shall file a quarterly payroll and wage report. The	29502
quarterly report shall be filed not later than the last day of the	29503
first month following the close of the calendar quarter for which	29504
the quarterly report is being filed. The employer shall enter on	29505
the quarterly report the total remuneration paid to all employees	29506
during the quarter, the total wages that would have been taxable	29507
had the employer been subject to contributions, the name and	29508
social security number of each individual employed during the	29509
calendar quarter, the total remuneration paid the individual, the	29510
number of weeks during the quarter for which the individual was	29511
paid remuneration, and any other information as required by	29512
section 1137 of the "Social Security Act."	29513

~~Effective with the calendar quarter beginning January 1,~~	29514
~~2002, in~~In case of failure to properly file the quarterly payroll	29515
and wage report containing all the required payroll and wage	29516
information within the time prescribed by this section, the	29517
director shall assess a forfeiture amounting to twenty-five	29518
one-hundredths of one per cent of the total remuneration reported	29519
by the employer, provided such forfeiture shall not be less than	29520
fifty nor more than one thousand dollars.	29521

~~(F)~~(D) The director may waive a forfeiture assessed under	29522
division ~~(D)~~(B) or ~~(E)~~(C) of this section if the employer provides	29523
to the director, within four years after the date the forfeiture	29524
was assessed, a written statement showing good cause for failure	29525
to properly file the required information.	29526

~~(G)~~(E) The director shall furnish the form or forms on which	29527
quarterly reports required under this section are to be submitted,	29528
or the employer may use other methods of reporting, including	29529
electronic information transmission methods, as approved by the	29530
director.	29531

~~(H)~~(F) All forfeitures required by this section shall be paid	29532
into the unemployment compensation special administrative fund as	29533
provided in section 4141.11 of the Revised Code.	29534

Sec. 4141.25. (A) The director of job and family services	29535
shall determine as of each computation date the contribution rate	29536
of each contributing employer subject to this chapter for the next	29537
succeeding contribution period. The director shall determine a	29538
standard rate of contribution or an experience rate for each	29539
contributing employer. Once a rate of contribution has been	29540
established under this section for a contribution period, except	29541
as provided in division (D) of section 4141.26 of the Revised	29542
Code, that rate shall remain effective throughout such	29543
contribution period. The rate of contribution shall be determined	29544
in accordance with the following requirements:	29545

(1) An employer whose experience does not meet the terms of	29546
division (A)(2) of this section shall be assigned a standard rate	29547
of contribution. Effective for contribution periods beginning on	29548
and after January 1, 1998, an employer's standard rate of	29549
contribution shall be a rate of two and seven-tenths per cent,	29550
except that the rate for employers engaged in the construction	29551
industry shall be the average contribution rate computed for the	29552
construction industry or a rate of two and seven-tenths per cent,	29553
whichever is greater. The standard rate set forth in this division	29554
shall be applicable to a nonprofit organization whose election to	29555
make payments in lieu of contributions is voluntarily terminated	29556
or canceled by the director under section 4141.241 of the Revised	29557
Code, and thereafter pays contributions as required by this	29558
section. If such nonprofit organization had been a contributory	29559
employer prior to its election to make payments in lieu of	29560
contributions, then any prior balance in the contributory account	29561
shall become part of the reactivated account.	29562

As used in division (A) of this section, "the average	29563
contribution rate computed for the construction industry" means	29564
the most recent annual average rate attributable to the	29565
construction industry as prescribed by the director.	29566

(2) A contributing employer subject to this chapter shall	29567
qualify for an experience rate only if there have been four	29568
consecutive quarters, ending on the thirtieth day of June	29569
immediately prior to the computation date, throughout which the	29570
employer's account was chargeable with benefits. Upon meeting the	29571
qualifying requirements provided in division (A)(2) of this	29572
section, the director shall calculate the total credits to each	29573
employer's account consisting of the contributions other than	29574
mutualized contributions including all contributions paid prior to	29575
the computation date for all past periods plus:	29576

(a) The contributions owing on the computation date that are	29577
paid within thirty days after the computation date, and credited	29578
to the employer's account;	29579

(b) All voluntary contributions paid by an employer pursuant	29580
to division (B) of section 4141.24 of the Revised Code.	29581

(3) The director also shall determine the benefits which are	29582
chargeable to each employer's account and which were paid prior to	29583
the computation date with respect to weeks of unemployment ending	29584
prior to the computation date. The director then shall determine	29585
the positive or negative balance of each employer's account by	29586
calculating the excess of such contributions and interest over the	29587
benefits chargeable, or the excess of such benefits over such	29588
contributions and interest. Any resulting negative balance then	29589
shall be subject to adjustment as provided in division (A)(2) of	29590
section 4141.24 of the Revised Code after which the positive or	29591
negative balance shall be expressed in terms of a percentage of	29592
the employer's average annual payroll. If the total standing to	29593
the credit of an employer's account exceeds the total charges, as	29594
provided in this division, the employer has a positive balance and	29595
if such charges exceed such credits the employer has a negative	29596
balance. Each employer's contribution rate shall then be	29597
determined in accordance with the following schedule:	29598

Contribution Rate Schedule	29599

If, as of the computation date		The employer's	29600
the contribution rate balance of		contribution rate for	29601
an employer's account as a		the next succeeding	29602
percentage of the employer's		contribution period	29603
average annual payroll is		shall be	29604
(a)	A negative balance of:		29605
	20.0% or more	6.5%	29606
	19.0% but less than 20.0%	6.4%	29607
	17.0% but less than 19.0%	6.3%	29608
	15.0% but less than 17.0%	6.2%	29609
	13.0% but less than 15.0%	6.1%	29610
	11.0% but less than 13.0%	6.0%	29611
	9.0% but less than 11.0%	5.9%	29612
	5.0% but less than 9.0%	5.7%	29613
	4.0% but less than 5.0%	5.5%	29614
	3.0% but less than 4.0%	5.3%	29615
	2.0% but less than 3.0%	5.1%	29616
	1.0% but less than 2.0%	4.9%	29617
	more than 0.0% but less than 1.0%	4.8%	29618
(b)	A 0.0% or a positive		29619
	balance of less than 1.0%	4.7%	29620
(c)	A positive balance of:		29621
	1.0% or more, but less than 1.5%	4.6%	29622
	1.5% or more, but less than 2.0%	4.5%	29623
	2.0% or more, but less than 2.5%	4.3%	29624
	2.5% or more, but less than 3.0%	4.0%	29625
	3.0% or more, but less than 3.5%	3.8%	29626
	3.5% or more, but less than 4.0%	3.5%	29627
	4.0% or more, but less than 4.5%	3.3%	29628
	4.5% or more, but less than 5.0%	3.0%	29629
	5.0% or more, but less than 5.5%	2.8%	29630
	5.5% or more, but less than 6.0%	2.5%	29631
	6.0% or more, but less than 6.5%	2.2%	29632
	6.5% or more, but less than 7.0%	2.0%	29633
	7.0% or more, but less than 7.5%	1.8%	29634
	7.5% or more, but less than 8.0%	1.6%	29635
	8.0% or more, but less than 8.5%	1.4%	29636
	8.5% or more, but less than 9.0%	1.3%	29637
	9.0% or more, but less than 9.5%	1.1%	29638
	9.5% or more, but less than 10.0%	1.0%	29639
	10.0% or more, but less than 10.5%	.9%	29640
	10.5% or more, but less than 11.0%	.7%	29641
	11.0% or more, but less than 11.5%	.6%	29642
	11.5% or more, but less than 12.0%	.5%	29643
	12.0% or more, but less than 12.5%	.4%	29644
	12.5% or more, but less than 13.0%	.3%	29645
	13.0% or more, but less than 14.0%	.2%	29646
	14.0% or more	.1%	29647

(d) The contribution rates shall be as specified in divisions	29648
(a), (b), and (c) of the contribution rate schedule except that	29649
notwithstanding the amendments made to division (a) of the	29650
contribution rate schedule in this section, if, as of the	29651
computation date: for 1991, the negative balance is 5.0% or more,	29652
the contribution rate shall be 5.7%; for 1992, if the negative	29653
balance is 11.0% or more, the contribution rate shall be 6.0%; and	29654
for 1993, if the negative balance is 17.0% or more, the	29655
contribution rate shall be 6.3%. Thereafter, the contribution	29656
rates shall be as specified in the contribution rate schedule.	29657

(B)(1) The director shall establish and maintain a separate	29658
account to be known as the "mutualized account." As of each	29659
computation date there shall be charged to this account:	29660

(a) As provided in division (A)(2) of section 4141.24 of the	29661
Revised Code, an amount equal to the sum of that portion of the	29662
negative balances of employer accounts which exceeds the	29663
applicable limitations as such balances are computed under	29664
division (A) of this section as of such date;	29665

(b) An amount equal to the sum of the negative balances	29666
remaining in employer accounts which have been closed during the	29667
year immediately preceding such computation date pursuant to	29668
division (E) of section 4141.24 of the Revised Code;	29669

(c) An amount equal to the sum of all benefits improperly	29670
paid preceding such computation date which are not recovered but	29671
which are not charged to an employer's account, or which after	29672
being charged, are credited back to an employer's account;	29673

(d) An amount equal to the sum of any other benefits paid	29674
preceding such computation date which, under this chapter, are not	29675
chargeable to an employer's account;	29676

(e) An amount equal to the sum of any refunds made during the	29677
year immediately preceding such computation date of erroneously	29678
collected mutualized contributions required by this division which	29679
were previously credited to this account;	29680

(f) An amount equal to the sum of any repayments made to the	29681
federal government during the year immediately preceding such	29682
computation date of amounts which may have been advanced by it to	29683
the unemployment compensation fund under section 1201 of the	29684
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301;	29685

(g) Any amounts appropriated by the general assembly out of	29686
funds paid by the federal government, under section 903 of the	29687
"Social Security Act," to the account of this state in the federal	29688
unemployment trust fund.	29689

(2) As of every computation date there shall be credited to	29690
the mutualized account provided for in this division:	29691

(a) The proceeds of the mutualized contributions as provided	29692
in this division;	29693

(b) Any positive balances remaining in employer accounts	29694
which are closed as provided in division (E) of section 4141.24 of	29695
the Revised Code;	29696

(c) Any benefits improperly paid which are recovered but	29697
which cannot be credited to an employer's account;	29698

(d) All amounts which may be paid by the federal government	29699
under section 903 of the "Social Security Act" to the account of	29700
this state in the federal unemployment trust fund;	29701

(e) Amounts advanced by the federal government to the account	29702
of this state in the federal unemployment trust fund under section	29703
1201 of the "Social Security Act" to the extent such advances have	29704
been repaid to or recovered by the federal government;	29705

(f) Interest credited to the Ohio unemployment trust fund as	29706
deposited with the secretary of the treasury of the United States;	29707

(g) Amounts deposited into the unemployment compensation fund	29708
for penalties collected pursuant to division (A)(4) of section	29709
4141.35 of the Revised Code.	29710

(3) Annually, as of the computation date, the director shall	29711
determine the total credits and charges made to the mutualized	29712
account during the preceding twelve months and the overall	29713
condition of the account. The director shall issue an annual	29714
statement containing this information and such other information	29715
as the director deems pertinent, including a report that the sum	29716
of the balances in the mutualized account, employers' accounts,	29717
and any subsidiary accounts equal the balance in the state's	29718
unemployment trust fund maintained under section 904 of the	29719
"Social Security Act."	29720

(4) As used in this division:

29721

(a) "Fund as of the computation date" means as of any	29722
computation date, the aggregate amount of the unemployment	29723
compensation fund, including all contributions owing on the	29724
computation date that are paid within thirty days thereafter, all	29725
payments in lieu of contributions that are paid within sixty days	29726
after the computation date, all reimbursements of the federal	29727
share of extended benefits described in section 4141.301 of the	29728
Revised Code that are owing on the computation date, and all	29729
interest earned by the fund and received on or before the	29730
computation date from the federal government.	29731

(b) "Minimum safe level" means an amount equal to two	29732
standard deviations above the average of the adjusted annual	29733
average unemployment compensation benefit payment from 1970 to the	29734
most recent calendar year prior to the computation date, as	29735
determined by the director pursuant to division (B)(4)(b) of this	29736
section. To determine the adjusted annual payment of unemployment	29737
compensation benefits, the director first shall multiply the	29738
number of weeks compensated during each calendar year beginning	29739
with 1970 by the most recent annual average weekly unemployment	29740
compensation benefit payment and then compute the average and	29741
standard deviation of the resultant products.	29742

(c) "Annual average weekly unemployment compensation benefit	29743
payment" means the amount resulting from dividing the unemployment	29744
compensation benefits paid from the benefit account maintained	29745
within the unemployment compensation fund pursuant to section	29746
4141.09 of the Revised Code, by the number of weeks compensated	29747
during the same time period.	29748

(5) If, as of any computation date, the charges to the	29749
mutualized account during the entire period subsequent to the	29750
computation date, July 1, 1966, made in accordance with division	29751
(B)(1) of this section, exceed the credits to such account	29752
including mutualized contributions during such period, made in	29753
accordance with division (B)(2) of this section, the amount of	29754
such excess charges shall be recovered during the next	29755
contribution period. To recover such amount, the director shall	29756
compute the percentage ratio of such excess charges to the average	29757
annual payroll of all employers eligible for an experience rate	29758
under division (A) of this section. The percentage so determined	29759
shall be computed to the nearest tenth of one per cent and shall	29760
be an additional contribution rate to be applied to the wages paid	29761
by each employer whose rate is computed under the provisions of	29762
division (A) of this section in the contribution period next	29763
following such computation date, but such percentage shall not	29764
exceed five-tenths of one per cent; however, when there are any	29765
excess charges in the mutualized account, as computed in this	29766
division, then the mutualized contribution rate shall not be less	29767
than one-tenth of one per cent.	29768

(6) If the fund as of the computation date is above or below	29769
minimum safe level, the contribution rates provided for in each	29770
classification in division (A)(3) of this section for the next	29771
contribution period shall be adjusted as follows:	29772

(a) If the fund is thirty per cent or more above minimum safe	29773
level, the contribution rates provided in division (A)(3) of this	29774
section shall be decreased two-tenths of one per cent.	29775

(b) If the fund is more than fifteen per cent but less than	29776
thirty per cent above minimum safe level, the contribution rates	29777
provided in division (A)(3) of this section shall be decreased	29778
one-tenth of one per cent.	29779

(c) If the fund is more than fifteen per cent but less than	29780
thirty per cent below minimum safe level, the contribution rates	29781
of all employers shall be increased twenty-five one-thousandths of	29782
one per cent plus a per cent increase calculated and rounded	29783
pursuant to division (B)(6)(g) of this section.	29784

(d) If the fund is more than thirty per cent but less than	29785
forty-five per cent below minimum safe level, the contribution	29786
rates of all employers shall be increased seventy-five	29787
one-thousandths of one per cent plus a per cent increase	29788
calculated and rounded pursuant to division (B)(6)(g) of this	29789
section.	29790

(e) If the fund is more than forty-five per cent but less	29791
than sixty per cent below minimum safe level, the contribution	29792
rates of all employers shall be increased one-eighth of one per	29793
cent plus a per cent increase calculated and rounded pursuant to	29794
division (B)(6)(g) of this section.	29795

(f) If the fund is sixty per cent or more below minimum safe	29796
level, the contribution rates of all employers shall be increased	29797
two-tenths of one per cent plus a per cent increase calculated and	29798
rounded pursuant to division (B)(6)(g) of this section.	29799

(g) The additional per cent increase in contribution rates	29800
required by divisions (B)(6)(c), (d), (e), and (f) of this section	29801
that is payable by each individual employer shall be calculated in	29802
the following manner. The flat rate increase required by a	29803
particular division shall be multiplied by three and the product	29804
divided by the average experienced-rated contribution rate for all	29805
employers as determined by the director for the most recent	29806
calendar year. The resulting quotient shall be multiplied by an	29807
individual employer's contribution rate determined pursuant to	29808
division (A)(3) of this section. The resulting product shall be	29809
rounded to the nearest tenth of one per cent, added to the flat	29810
rate increase required by division (B)(6)(c), (d), (e), or (f) of	29811
this section, as appropriate, and the total shall be rounded to	29812
the nearest tenth of one per cent. As used in division (B)(6)(g)	29813
of this section, the "average experienced-rated contribution rate"	29814
means the most recent annual average contribution rate reported by	29815
the director contained in report RS 203.2 less the mutualized and	29816
minimum safe level contribution rates included in such rate.	29817

(h) If any of the increased contribution rates of division	29818
(B)(6)(c), (d), (e), or (f) of this section are imposed, the rate	29819
shall remain in effect for the calendar year in which it is	29820
imposed and for each calendar year thereafter until the director	29821
determines as of the computation date for calendar year 1991 and	29822
as of the computation date for any calendar year thereafter	29823
pursuant to this section, that the level of the unemployment	29824
compensation fund equals or exceeds the minimum safe level as	29825
defined in division (B)(4)(b) of this section. Nothing in division	29826
(B)(6)(h) of this section shall be construed as restricting the	29827
imposition of the increased contribution rates provided in	29828
divisions (B)(6)(c), (d), (e), and (f) of this section if the fund	29829
falls below the percentage of the minimum safe level as specified	29830
in those divisions.	29831

(7) The additional contributions required by division (B)(5)	29832
of this section shall be credited to the mutualized account. The	29833
additional contributions required by division (B)(6) of this	29834
section shall be credited fifty per cent to individual employer	29835
accounts and fifty per cent to the mutualized account.	29836

(C) If an employer makes a payment of contributions which is	29837
less than the full amount required by this section and sections	29838
4141.23, 4141.24, 4141.241, 4141.242, 4141.25, 4141.26, and	29839
4141.27 of the Revised Code, such partial payment shall be applied	29840
first against the mutualized contributions required under this	29841
chapter. Any remaining partial payment shall be credited to the	29842
employer's individual account.	29843

(D) Whenever there are any increases in contributions	29844
resulting from an increase in wages subject to contributions as	29845
defined in division (G) of section 4141.01 of the Revised Code, or	29846
from an increase in the mutualized rate of contributions provided	29847
in division (B) of this section, or from a revision of the	29848
contribution rate schedule provided in division (A) of this	29849
section, except for that portion of the increase attributable to a	29850
change in the positive or negative balance in an employer's	29851
account, which increases become effective after a contract for the	29852
construction of real property, as defined in section 5701.02 of	29853
the Revised Code, has been entered into, the contractee upon	29854
written notice by a prime contractor shall reimburse the	29855
contractor for all increased contributions paid by the prime	29856
contractor or by subcontractors upon wages for services performed	29857
under the contract. Upon reimbursement by the contractee to the	29858
prime contractor, the prime contractor shall reimburse each	29859
subcontractor for the increased contributions.	29860

(E) Effective only for the contribution period beginning on	29861
January 1, 1996, and ending on December 31, 1996, mutualized	29862
contributions collected or received by the director pursuant to	29863
division (B)(5) of this section and amounts credited to the	29864
mutualized account pursuant to division (B)(7) of this section	29865
shall be deposited into or credited to the unemployment	29866
compensation benefit reserve fund that is created under division	29867
(F) of this section, except that amounts collected, received, or	29868
credited in excess of two hundred million dollars shall be	29869
deposited into or credited to the unemployment trust fund	29870
established pursuant to section 4141.09 of the Revised Code.	29871

(F) The state unemployment compensation benefit reserve fund	29872
is hereby created as a trust fund in the custody of the treasurer	29873
of state and shall not be part of the state treasury. The fund	29874
shall consist of all moneys collected or received as mutualized	29875
contributions pursuant to division (B)(5) of this section and	29876
amounts credited to the mutualized account pursuant to division	29877
(B)(7) of this section as provided by division (E) of this	29878
section. All moneys in the fund shall be used solely to pay	29879
unemployment compensation benefits in the event that funds are no	29880
longer available for that purpose from the unemployment trust fund	29881
established pursuant to section 4141.09 of the Revised Code.	29882

(G) The balance in the unemployment compensation benefit	29883
reserve fund remaining at the end of the contribution period	29884
beginning January 1, 2000, and any mutualized contribution amounts	29885
for the contribution period beginning on January 1, 1996, that may	29886
be received after December 31, 2000, shall be deposited into the	29887
unemployment trust fund established pursuant to section 4141.09 of	29888
the Revised Code. Income earned on moneys in the state	29889
unemployment compensation benefit reserve fund shall be available	29890
for use by the director only for the purposes described in	29891
division (I) of this section, and shall not be used for any other	29892
purpose.	29893

(H) The unemployment compensation benefit reserve fund	29894
balance shall be added to the unemployment trust fund balance in	29895
determining the minimum safe level tax to be imposed pursuant to	29896
division (B) of this section and shall be included in the	29897
mutualized account balance for the purpose of determining the	29898
mutualized contribution rate pursuant to division (B)(5) of this	29899
section.	29900

(I) All income earned on moneys in the unemployment	29901
compensation benefit reserve fund from the investment of the fund	29902
by the treasurer of state shall accrue to the department of job	29903
and family services automation administration fund, which is	29904
hereby established in the state treasury. Moneys within the	29905
automation administration fund shall be used to meet the costs	29906
related to automation of the department and the administrative	29907
costs related to collecting and accounting for unemployment	29908
compensation benefit reserve fund revenue. Any funds remaining in	29909
the automation administration fund upon completion of the	29910
department's automation projects that are funded by that fund	29911
shall be deposited into the unemployment trust fund established	29912
pursuant to section 4141.09 of the Revised Code.	29913

(J) The director shall prepare and submit monthly reports to	29914
the unemployment compensation advisory commission with respect to	29915
the status of efforts to collect and account for unemployment	29916
compensation benefit reserve fund revenue and the costs related to	29917
collecting and accounting for that revenue. The director shall	29918
obtain approval from the unemployment compensation advisory	29919
commission for expenditure of funds from the department of job and	29920
family services automation administration fund. Funds may be	29921
approved for expenditure for purposes set forth in division (I) of	29922
this section only to the extent that federal or other funds are	29923
not available.	29924

Sec. 4141.26. (A) As soon as practicable after the first day	29925
of September but not later than the first day of December of each	29926
year, the director of job and family services shall notify each	29927
employer of the employer's contribution rate as determined for the	29928
next ensuing contribution period pursuant to section 4141.25 of	29929
the Revised Code provided the employer has furnished the director,	29930
by the first day of September following the computation date, with	29931
the wage information for all past periods necessary for the	29932
computation of the contribution rate.	29933

(B)(1) If an employer has not timely furnished the necessary	29934
wage information as required by division (A) of this section, the	29935
employer's contribution rate for such contribution period shall	29936
not be computed as provided in section 4141.25 of the Revised	29937
Code, but instead the employer shall be assigned a contribution	29938
rate equal to one hundred twenty-five per cent of the maximum rate	29939
provided in that section, with the following exceptions:	29940

~~(1)~~(a) If the employer files the necessary wage information	29941
by the thirty-first day of December of the year immediately	29942
preceding the contribution period for which the rate is to be	29943
effective, the employer's rate shall be computed as provided in	29944
division (A) of section 4141.25 of the Revised Code.	29945

~~(2)~~(b) The director shall revise the contribution rate of an	29946
employer who has not timely furnished the necessary wage	29947
information as required by division (A) of this section, who has	29948
been assigned a contribution rate pursuant to division (B) of this	29949
section, and who does not meet the requirements of division	29950
(B)(1)(a) of this section, if the employer furnishes the necessary	29951
wage information to the director within eighteen months following	29952
the thirty-first day of December of the year immediately preceding	29953
the contribution period for which the rate is to be effective. The	29954
revised rate under division (B)~~(2)~~(1)(b) of this section shall be	29955
equal to one hundred twenty per cent of the contribution rate that	29956
would have resulted if the employer had timely furnished the	29957
necessary wage information under division (A) of this section.	29958

(c) The director may waive the maximum contribution rate	29959
assigned pursuant to division (B) of this section if the failure	29960
to timely furnish the wage information as required by division (A)	29961
of this section was a result of circumstances beyond the control	29962
of the employer or the employer's agent.	29963

(2) The director shall deny an employer's request for a	29964
revision of the employer's rate as provided in division	29965
(B)~~(2)~~(1)(b) of this section if the director finds that the	29966
employer's failure to timely file the necessary wage information	29967
was due to an attempt to evade payment.	29968

(3) The director shall round the contribution rates the	29969
director determines under division (B) of this section to the	29970
nearest tenth of one per cent.	29971

(4) The director shall adopt rules to prescribe requirements	29972
and procedures for requesting a waiver of the maximum contribution	29973
rate under division (B)(1)(c) of this section.	29974

(C) If, as a result of the computation pursuant to division	29975
(B) of this section, the employer's account shows a negative	29976
balance in excess of the applicable limitations, in that	29977
computation, the excess above applicable limitations shall not be	29978
transferred from the account as provided in division (A)(2) of	29979
section 4141.24 of the Revised Code.	29980

(D) The rate determined pursuant to this section and section	29981
4141.25 of the Revised Code shall become binding upon the employer	29982
unless:	29983

(1) The employer makes a voluntary contribution as provided	29984
in division (B) of section 4141.24 of the Revised Code, whereupon	29985
the director shall issue the employer a revised contribution rate	29986
notice if the contribution changes the employer's rate; or	29987

(2) Within thirty days after the mailing of notice of the	29988
employer's rate or a revision of it to the employer's last known	29989
address or, in the absence of mailing of such notice, within	29990
thirty days after the delivery of such notice, the employer files	29991
an application with the director for reconsideration of the	29992
director's determination of such rate setting forth reasons for	29993
such request. The director shall promptly examine the application	29994
for reconsideration and shall notify the employer of the	29995
director's reconsidered decision, which shall become final unless,	29996
within thirty days after the mailing of such notice by certified	29997
mail, return receipt requested, the employer files an application	29998
for review of such decision with the unemployment compensation	29999
review commission. The commission shall promptly examine the	30000
application for review of the director's decision and shall grant	30001
such employer an opportunity for a fair hearing. The proceeding at	30002
the hearing before the commission shall be recorded in the means	30003
and manner prescribed by the commission. For the purposes of this	30004
division, the review is considered timely filed when it has been	30005
received as provided in division (D)(1) of section 4141.281 of the	30006
Revised Code.	30007

The employer and the director shall be promptly notified of	30008
the commission's decision, which shall become final unless, within	30009
thirty days after the mailing of notice of it to the employer's	30010
last known address by certified mail, return receipt requested,	30011
or, in the absence of mailing, within thirty days after delivery	30012
of such notice, an appeal is taken by the employer or the director	30013
to the court of common pleas of Franklin county. Such appeal shall	30014
be taken by the employer or the director by filing a notice of	30015
appeal with the clerk of such court and with the commission. Such	30016
notice of appeal shall set forth the decision appealed and the	30017
errors in it complained of. Proof of the filing of such notice	30018
with the commission shall be filed with the clerk of such court.	30019

The commission, upon written demand filed by the appellant	30020
and within thirty days after the filing of such demand, shall file	30021
with the clerk a certified transcript of the record of the	30022
proceedings before the commission pertaining to the determination	30023
or order complained of, and the appeal shall be heard upon such	30024
record certified to the commission. In such appeal, no additional	30025
evidence shall be received by the court, but the court may order	30026
additional evidence to be taken before the commission, and the	30027
commission, after hearing such additional evidence, shall certify	30028
such additional evidence to the court or it may modify its	30029
determination and file such modified determination, together with	30030
the transcript of the additional record, with the court. After an	30031
appeal has been filed in the court, the commission, by petition,	30032
may be made a party to such appeal. Such appeal shall be given	30033
precedence over other civil cases. The court may affirm the	30034
determination or order complained of in the appeal if it finds,	30035
upon consideration of the entire record, that the determination or	30036
order is supported by reliable, probative, and substantial	30037
evidence and is in accordance with law. In the absence of such a	30038
finding, it may reverse, vacate, or modify the determination or	30039
order or make such other ruling as is supported by reliable,	30040
probative, and substantial evidence and is in accordance with law.	30041
The judgment of the court shall be final and conclusive unless	30042
reversed, vacated, or modified on appeal. An appeal may be taken	30043
from the decision of the court of common pleas of Franklin county.	30044

(E) The appeal provisions of division (D) of this section	30045
apply to all other determinations and orders of the director	30046
affecting the liability of an employer to pay contributions or the	30047
amount of such contributions, determinations respecting	30048
application for refunds of contributions, determinations	30049
respecting applications for classification of employment as	30050
seasonal under section 4141.33 of the Revised Code, and exceptions	30051
to charges of benefits to an employer's account as provided in	30052
division (D) of section 4141.24 of the Revised Code.	30053

(F) The validity of any general order or rule of the director	30054
adopted pursuant to this chapter or of any final order or action	30055
of the unemployment compensation review commission respecting any	30056
such general order or rule may be determined by the court of	30057
common pleas of Franklin county, and such general order, rule, or	30058
action may be sustained or set aside by the court on an appeal to	30059
it which may be taken by any person affected by the order, rule,	30060
or action in the manner provided by law. Such appeal to the court	30061
of common pleas of Franklin county shall be filed within thirty	30062
days after the date such general order, rule, or action was	30063
publicly released by the director or the commission. Either party	30064
to such action may appeal from the court of common pleas of	30065
Franklin county as in ordinary civil cases.	30066

(G) Notwithstanding any determination made in pursuance of	30067
sections 4141.23 to 4141.26 of the Revised Code, no individual who	30068
files a claim for benefits shall be denied the right to a fair	30069
hearing as provided in section 4141.281 of the Revised Code, or	30070
the right to have a claim determined on the merits of it.	30071

(H)(1) Notwithstanding division (D) of this section, if the	30072
director finds that an omission or error in the director's records	30073
or employer reporting caused the director to issue an erroneous	30074
determination or order affecting contribution rates, the liability	30075
of an employer to pay contributions or the amount of such	30076
contributions, determinations respecting applications for refunds	30077
of contributions, determinations respecting applications for	30078
classification of seasonal status under section 4141.33 of the	30079
Revised Code, or exceptions to charges of benefits to an	30080
employer's account as provided in division (D) of section 4141.24	30081
of the Revised Code, the director may issue a corrected	30082
determination or order correcting the erroneous determination or	30083
order, except as provided in division (H)(2) of this section.	30084

(2) The director may not issue a corrected determination or	30085
order correcting an erroneous determination or order if both of	30086
the following apply:	30087

(a) The erroneous determination or order was caused solely by	30088
an omission or error of the director;	30089

(b) A correction of the erroneous determination or order	30090
would adversely affect the employer or any of the employers that	30091
were parties in interest to the erroneous determination or order.	30092

A corrected determination or order issued under this division	30093
takes precedence over and renders void the erroneous determination	30094
or order and is appealable as provided in division (D) of this	30095
section.	30096

Sec. 4141.28.

30097

BENEFITS	30098

(A) FILINGS

30099

Applications for determination of benefit rights and claims	30100
for benefits shall be filed with the director of job and family	30101
services. Such applications and claims also may be filed with an	30102
employee of another state or federal agency charged with the duty	30103
of accepting applications and claims for unemployment benefits or	30104
with an employee of the unemployment insurance commission of	30105
Canada.	30106

Effective July 1, 2015, an individual shall file an	30107
application for determination of benefit rights and a claim for	30108
benefits by electronic means in a manner prescribed by the	30109
director, except that no individual shall be required to file such	30110
an application or claim by electronic means if one or more of the	30111
following circumstances apply:	30112

(1) The individual is legally prohibited from using a	30113
computer;	30114

(2) The individual has a physical or visual impairment that	30115
makes the individual unable to use a computer;	30116

(3) The individual has limited ability to read or write	30117
effectively in a language in which the electronic application or	30118
claim is available;	30119

(4) A disaster or emergency declared by the governor prevents	30120
compliance with the electronic filing requirement.	30121

When an unemployed individual files an application for	30122
determination of benefit rights, the director shall furnish the	30123
individual with an explanation of the individual's appeal rights.	30124
The explanation shall describe clearly the different levels of	30125
appeal and explain where and when each appeal must be filed.	30126

(B) APPLICATION FOR DETERMINATION OF BENEFIT RIGHTS

30127

In filing an application, an individual shall furnish the	30128
director with the name and address of the individual's most recent	30129
separating employer and the individual's statement of the reason	30130
for separation from the employer. The director shall promptly	30131
notify the individual's most recent separating employer of the	30132
filing and request the reason for the individual's unemployment,	30133
unless that notice is not necessary under conditions the director	30134
establishes by rule. The director may request from the individual	30135
or any employer information necessary for the determination of the	30136
individual's right to benefits. The employer shall provide the	30137
information requested within ten working days after the request is	30138
sent. If necessary to ensure prompt determination and payment of	30139
benefits, the director shall base the determination on the	30140
information that is available.	30141

An individual filing an application for determination of	30142
benefit rights shall disclose, at the time of filing, whether or	30143
not the individual owes child support obligations.	30144

30145

An employer who lays off or separates within any seven-day	30146
period fifty or more individuals because of lack of work shall	30147
furnish notice to the director of the dates of layoff or	30148
separation and the approximate number of individuals being laid	30149
off or separated. The notice shall be furnished at least three	30150
working days prior to the date of the first day of such layoff or	30151
separation. In addition, at the time of the layoff or separation	30152
the employer shall furnish to the individual and to the director	30153
information necessary to determine the individual's eligibility	30154
for unemployment compensation.	30155

(D) DETERMINATION OF BENEFIT RIGHTS

30156

The director shall promptly examine any application for	30157
determination of benefit rights. On the basis of the information	30158
available to the director under this chapter, the director shall	30159
determine whether or not the application is valid, and if valid,	30160
the date on which the benefit year shall commence and the weekly	30161
benefit amount. The director shall promptly notify the applicant,	30162
employers in the applicant's base period, and any other interested	30163
parties of the determination and the reasons for it. In addition,	30164
the determination issued to the claimant shall include the total	30165
amount of benefits payable. The determination issued to each	30166
chargeable base period employer shall include the total amount of	30167
benefits that may be charged to the employer's account.	30168

(E) CLAIM FOR BENEFITS

30169

The director shall examine the first claim and any additional	30170
claim for benefits. On the basis of the information available, the	30171
director shall determine whether the claimant's most recent	30172
separation and, to the extent necessary, prior separations from	30173
work, allow the claimant to qualify for benefits. Written notice	30174
of the determination granting or denying benefits shall be sent to	30175
the claimant, the most recent separating employer, and any other	30176
employer involved in the determination, except that written notice	30177
is not required to be sent to the claimant if the reason for	30178
separation is lack of work and the claim is allowed.	30179

If the director identifies an eligibility issue, the director	30180
shall send notice to the claimant of the issue identified and	30181
specify the week or weeks involved. The claimant has a minimum of	30182
five business days after the notice is sent to respond to the	30183
information included in the notice, and after the time allowed as	30184
determined by the director, the director shall make a	30185
determination. The claimant's response may include a request for a	30186
fact-finding interview when the eligibility issue is raised by an	30187
informant or source other than the claimant, or when the	30188
eligibility issue, if determined adversely, disqualifies the	30189
claimant for the duration of the claimant's period of	30190
unemployment.	30191

When the determination of a continued claim for benefits	30192
results in a disallowed claim, the director shall notify the	30193
claimant of the disallowance and the reasons for it.	30194

(F) ELIGIBILITY NOTICE

30195

Any base period or subsequent employer of a claimant who has	30196
knowledge of specific facts affecting the claimant's right to	30197
receive benefits for any week may notify the director in writing	30198
of those facts. The director shall prescribe a form for such	30199
eligibility notice, but failure to use the form shall not preclude	30200
the director's examination of any notice.	30201

To be considered valid, an eligibility notice must: contain	30202
in writing, a statement that identifies either a source who has	30203
firsthand knowledge of the information or an informant who can	30204
identify the source; provide specific and detailed information	30205
that may potentially disqualify the claimant; provide the name and	30206
address of the source or the informant; and appear to the director	30207
to be reliable and credible.	30208

An eligibility notice is timely filed if received or	30209
postmarked prior to or within forty-five calendar days after the	30210
end of the week with respect to which a claim for benefits is	30211
filed by the claimant. An employer who timely files a valid	30212
eligibility notice shall be an interested party to the claim for	30213
benefits which is the subject of the notice.	30214

The director shall consider the information contained in the	30215
eligibility notice, together with other available information.	30216
After giving the claimant notice and an opportunity to respond,	30217
the director shall make a determination and inform the notifying	30218
employer, the claimant, and other interested parties of the	30219
determination.	30220

(G) CORRECTED DETERMINATION

30221

If the director finds within the fifty-two calendar weeks	30222
beginning with the Sunday of the week during which an application	30223
for benefit rights was filed or within the benefit year that a	30224
determination made by the director was erroneous due to an error	30225
in an employer's report or any typographical or clerical error in	30226
the director's determination, or as shown by correct remuneration	30227
information received by the director, the director shall issue a	30228
corrected determination to all interested parties. The corrected	30229
determination shall take precedence over and void the prior	30230
determination of the director. The director shall not issue a	30231
corrected determination when the commission or a court has	30232
jurisdiction with respect to that determination.	30233

(H) EFFECT OF COMMISSION DECISIONS

30234

In making determinations, the director shall follow decisions	30235
of the unemployment compensation review commission which have	30236
become final with respect to claimants similarly situated.	30237

(I) PROMPT PAYMENTS

30238

If benefits are allowed by the director, a hearing officer,	30239
the commission, or a court, the director shall pay benefits	30240
promptly, notwithstanding any further appeal, provided that if	30241
benefits are denied on appeal, of which the parties have notice	30242
and an opportunity to be heard, the director shall withhold	30243
payment of benefits pending a decision on any further appeal.	30244

Sec. 4141.29. Each eligible individual shall receive	30245
benefits as compensation for loss of remuneration due to	30246
involuntary total or partial unemployment in the amounts and	30247
subject to the conditions stipulated in this chapter.	30248

(A) No individual is entitled to a waiting period or benefits	30249
for any week unless the individual:	30250

(1) Has filed a valid application for determination of	30251
benefit rights in accordance with section 4141.28 of the Revised	30252
Code;	30253

(2) Has made a claim for benefits in accordance with section	30254
4141.28 of the Revised Code;	30255

(3)(a) Has registered for work and thereafter continues to	30256
report to an employment office or other registration place	30257
maintained or designated by the director of job and family	30258
services. Registration shall be made in accordance with the time	30259
limits, frequency, and manner prescribed by the director.	30260

(b) For purposes of division (A)(3) of this section, an	30261
individual has "registered" upon doing any of the following:	30262

(i) Filing an application for benefit rights;

30263

(ii) Making a weekly claim for benefits;

30264

(iii) Reopening an existing claim following a period of	30265
employment or nonreporting.	30266

(c) After an applicant is registered, that registration	30267
continues for a period of three calendar weeks, including the week	30268
during which the applicant registered. However, an individual is	30269
not registered for purposes of division (A)(3) of this section	30270
during any period in which the individual fails to report, as	30271
instructed by the director, or fails to reopen an existing claim	30272
following a period of employment.	30273

(d) The director may, for good cause, extend the period of	30274
registration.	30275

(e) For purposes of this section, "report" means contact by	30276
phone, access electronically, or be present for an in-person	30277
appointment, as designated by the director.	30278

(4)(a)(i) Is able to work and available for suitable work	30279
and, except as provided in division (A)(4)(a)(ii) or (iii) of this	30280
section, is actively seeking suitable work either in a locality in	30281
which the individual has earned wages subject to this chapter	30282
during the individual's base period, or if the individual leaves	30283
that locality, then in a locality where suitable work normally is	30284
performed.	30285

(ii) The director may waive the requirement that a claimant	30286
be actively seeking work when the director finds that the	30287
individual has been laid off and the employer who laid the	30288
individual off has notified the director within ten days after the	30289
layoff, that work is expected to be available for the individual	30290
within a specified number of days not to exceed forty-five	30291
calendar days following the last day the individual worked. In the	30292
event the individual is not recalled within the specified period,	30293
this waiver shall cease to be operative with respect to that	30294
layoff.	30295

(iii) The director may waive the requirement that a claimant	30296
be actively seeking work if the director determines that the	30297
individual has been laid off and the employer who laid the	30298
individual off has notified the director in accordance with	30299
division (C) of section 4141.28 of the Revised Code that the	30300
employer has closed the employer's entire plant or part of the	30301
employer's plant for a purpose other than inventory or vacation	30302
that will cause unemployment for a definite period not exceeding	30303
twenty-six weeks beginning on the date the employer notifies the	30304
director, for the period of the specific shutdown, if all of the	30305
following apply:	30306

(I) The employer and the individuals affected by the layoff	30307
who are claiming benefits under this chapter jointly request the	30308
exemption.	30309

(II) The employer provides that the affected individuals	30310
shall return to work for the employer within twenty-six weeks	30311
after the date the employer notifies the director.	30312

(III) The director determines that the waiver of the active	30313
search for work requirement will promote productivity and economic	30314
stability within the state.	30315

(iv) Division (A)(4)(a)(iii) of this section does not exempt	30316
an individual from meeting the other requirements specified in	30317
division (A)(4)(a)(i) of this section to be able to work and	30318
otherwise fully be available for work. An exemption granted under	30319
division (A)(4)(a)(iii) of this section may be granted only with	30320
respect to a specific plant closing.	30321

(b)(i) The individual shall be instructed as to the efforts	30322
that the individual must make in the search for suitable work,	30323
including that, within six months after ~~the effective date of this~~	30324
~~amendment~~October 11, 2013, the individual shall register with	30325
OhioMeansJobs, except in any of the following circumstances:	30326

(I) The individual is an individual described in division	30327
(A)(4)(b)(iii) of this section;	30328

(II) Where the active search for work requirement has been	30329
waived under division (A)(4)(a) of this section;	30330

(III) Where the active search for work requirement is	30331
considered to be met under division (A)(4)(c), (d), or (e) of this	30332
section.	30333

(ii) An individual who is registered with OhioMeansJobs shall	30334
receive a weekly listing of available jobs based on information	30335
provided by the individual at the time of registration. For each	30336
week that the individual claims benefits, the individual shall	30337
keep a record of the individual's work search efforts and shall	30338
produce that record in the manner and means prescribed by the	30339
director.	30340

(iii) No individual shall be required to register with	30341
OhioMeansJobs if the individual is legally prohibited from using a	30342
computer, has a physical or visual impairment that makes the	30343
individual unable to use a computer, or has a limited ability to	30344
read, write, speak, or understand a language in which	30345
OhioMeansJobs is available.	30346

(iv) As used in division (A)(4)(b) of this section:

30347

(I) "OhioMeansJobs" means the electronic job placement system	30348
operated by the state.	30349

(II) "Registration" includes the creation, electronic	30350
posting, and maintenance of an active, searchable resume.	30351

(c) An individual who is attending a training course approved	30352
by the director meets the requirement of this division, if	30353
attendance was recommended by the director and the individual is	30354
regularly attending the course and is making satisfactory	30355
progress. An individual also meets the requirements of this	30356
division if the individual is participating and advancing in a	30357
training program, as defined in division (P) of section 5709.61 of	30358
the Revised Code, and if an enterprise, defined in division (B) of	30359
section 5709.61 of the Revised Code, is paying all or part of the	30360
cost of the individual's participation in the training program	30361
with the intention of hiring the individual for employment as a	30362
new employee, as defined in division (L) of section 5709.61 of the	30363
Revised Code, for at least ninety days after the individual's	30364
completion of the training program.	30365

(d) An individual who becomes unemployed while attending a	30366
regularly established school and whose base period qualifying	30367
weeks were earned in whole or in part while attending that school,	30368
meets the availability and active search for work requirements of	30369
division (A)(4)(a) of this section if the individual regularly	30370
attends the school during weeks with respect to which the	30371
individual claims unemployment benefits and makes self available	30372
on any shift of hours for suitable employment with the	30373
individual's most recent employer or any other employer in the	30374
individual's base period, or for any other suitable employment to	30375
which the individual is directed, under this chapter.	30376

(e) An individual who is a member in good standing with a	30377
labor organization that refers individuals to jobs meets the	30378
active search for work requirement specified in division (A)(4)(a)	30379
of this section if the individual provides documentation that the	30380
individual is eligible for a referral or placement upon request	30381
and in a manner prescribed by the director.	30382

(f) Notwithstanding any other provisions of this section, no	30383
otherwise eligible individual shall be denied benefits for any	30384
week because the individual is in training approved under section	30385
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	30386
2296, nor shall that individual be denied benefits by reason of	30387
leaving work to enter such training, provided the work left is not	30388
suitable employment, or because of the application to any week in	30389
training of provisions in this chapter, or any applicable federal	30390
unemployment compensation law, relating to availability for work,	30391
active search for work, or refusal to accept work.	30392

For the purposes of division (A)(4)(f) of this section,	30393
"suitable employment" means with respect to an individual, work of	30394
a substantially equal or higher skill level than the individual's	30395
past adversely affected employment, as defined for the purposes of	30396
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	30397
wages for such work at not less than eighty per cent of the	30398
individual's average weekly wage as determined for the purposes of	30399
that federal act.	30400

(5) Is unable to obtain suitable work. An individual who is	30401
provided temporary work assignments by the individual's employer	30402
under agreed terms and conditions of employment, and who is	30403
required pursuant to those terms and conditions to inquire with	30404
the individual's employer for available work assignments upon the	30405
conclusion of each work assignment, is not considered unable to	30406
obtain suitable employment if suitable work assignments are	30407
available with the employer but the individual fails to contact	30408
the employer to inquire about work assignments.	30409

(6) Participates in reemployment services, such as job search	30410
assistance services, if the individual has been determined to be	30411
likely to exhaust benefits under this chapter, including	30412
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	30413
extended compensation, and needs reemployment services pursuant to	30414
the profiling system established by the director under division	30415
(K) of this section, unless the director determines that:	30416

(a) The individual has completed such services; or

30417

(b) There is justifiable cause for the claimant's failure to	30418
participate in such services.	30419

Ineligibility for failure to participate in reemployment	30420
services as described in division (A)(6) of this section shall be	30421
for the week or weeks in which the claimant was scheduled and	30422
failed to participate without justifiable cause.	30423

(7) Participates in the reemployment and eligibility	30424
assessment program, or other reemployment services, as required by	30425
the director. As used in division (A)(7) of this section,	30426
"reemployment services" includes job search assistance activities,	30427
skills assessments, and the provision of labor market statistics	30428
or analysis.	30429

(a) For purposes of division (A)(7) of this section,	30430
participation is required unless the director determines that	30431
either of the following circumstances applies to the individual:	30432

(i) The individual has completed similar services.

30433

(ii) Justifiable cause exists for the failure of the	30434
individual to participate in those services.	30435

(b) Within six months after ~~the effective date of this~~	30436
~~amendment~~October 11, 2013, notwithstanding any earlier contact an	30437
individual may have had with a local one-stop county office,	30438
including as described in section 6301.08 of the Revised Code,	30439
beginning with the eighth week after the week during which an	30440
individual first files a valid application for determination of	30441
benefit rights in the individual's benefit year, the individual	30442
shall report to a local one-stop county office for reemployment	30443
services in the manner prescribed by the director.	30444

(c) An individual whose active search for work requirement	30445
has been waived under division (A)(4)(a) of this section or is	30446
considered to be satisfied under division (A)(4)(c), (d), or (e)	30447
of this section is exempt from the requirements of division (A)(7)	30448
of this section.	30449

(B) An individual suffering total or partial unemployment is	30450
eligible for benefits for unemployment occurring subsequent to a	30451
waiting period of one week and no benefits shall be payable during	30452
this required waiting period. Not more than one week of waiting	30453
period shall be required of any individual in any benefit year in	30454
order to establish the individual's eligibility for total or	30455
partial unemployment benefits.	30456

(C) The waiting period for total or partial unemployment	30457
shall commence on the first day of the first week with respect to	30458
which the individual first files a claim for benefits at an	30459
employment office or other place of registration maintained or	30460
designated by the director or on the first day of the first week	30461
with respect to which the individual has otherwise filed a claim	30462
for benefits in accordance with the rules of the department of job	30463
and family services, provided such claim is allowed by the	30464
director.	30465

(D) Notwithstanding division (A) of this section, no	30466
individual may serve a waiting period or be paid benefits under	30467
the following conditions:	30468

(1) For any week with respect to which the director finds	30469
that:	30470

(a) The individual's unemployment was due to a labor dispute	30471
other than a lockout at any factory, establishment, or other	30472
premises located in this or any other state and owned or operated	30473
by the employer by which the individual is or was last employed;	30474
and for so long as the individual's unemployment is due to such	30475
labor dispute. No individual shall be disqualified under this	30476
provision if either of the following applies:	30477

(i) The individual's employment was with such employer at any	30478
factory, establishment, or premises located in this state, owned	30479
or operated by such employer, other than the factory,	30480
establishment, or premises at which the labor dispute exists, if	30481
it is shown that the individual is not financing, participating	30482
in, or directly interested in such labor dispute;	30483

(ii) The individual's employment was with an employer not	30484
involved in the labor dispute but whose place of business was	30485
located within the same premises as the employer engaged in the	30486
dispute, unless the individual's employer is a wholly owned	30487
subsidiary of the employer engaged in the dispute, or unless the	30488
individual actively participates in or voluntarily stops work	30489
because of such dispute. If it is established that the claimant	30490
was laid off for an indefinite period and not recalled to work	30491
prior to the dispute, or was separated by the employer prior to	30492
the dispute for reasons other than the labor dispute, or that the	30493
individual obtained a bona fide job with another employer while	30494
the dispute was still in progress, such labor dispute shall not	30495
render the employee ineligible for benefits.	30496

(b) The individual has been given a disciplinary layoff for	30497
misconduct in connection with the individual's work.	30498

(2) For the duration of the individual's unemployment if the	30499
director finds that:	30500

(a) The individual quit work without just cause or has been	30501
discharged for just cause in connection with the individual's	30502
work, provided division (D)(2) of this section does not apply to	30503
the separation of a person under any of the following	30504
circumstances:	30505

(i) Separation from employment for the purpose of entering	30506
the armed forces of the United States if the individual is	30507
inducted into the armed forces within one of the following	30508
periods:	30509

(I) Thirty days after separation;

30510

(II) One hundred eighty days after separation if the	30511
individual's date of induction is delayed solely at the discretion	30512
of the armed forces.	30513

(ii) Separation from employment pursuant to a	30514
labor-management contract or agreement, or pursuant to an	30515
established employer plan, program, or policy, which permits the	30516
employee, because of lack of work, to accept a separation from	30517
employment;	30518

(iii) The individual has left employment to accept a recall	30519
from a prior employer or, except as provided in division	30520
(D)(2)(a)(iv) of this section, to accept other employment as	30521
provided under section 4141.291 of the Revised Code, or left or	30522
was separated from employment that was concurrent employment at	30523
the time of the most recent separation or within six weeks prior	30524
to the most recent separation where the remuneration, hours, or	30525
other conditions of such concurrent employment were substantially	30526
less favorable than the individual's most recent employment and	30527
where such employment, if offered as new work, would be considered	30528
not suitable under the provisions of divisions (E) and (F) of this	30529
section. Any benefits that would otherwise be chargeable to the	30530
account of the employer from whom an individual has left	30531
employment or was separated from employment that was concurrent	30532
employment under conditions described in division (D)(2)(a)(iii)	30533
of this section, shall instead be charged to the mutualized	30534
account created by division (B) of section 4141.25 of the Revised	30535
Code, except that any benefits chargeable to the account of a	30536
reimbursing employer under division (D)(2)(a)(iii) of this section	30537
shall be charged to the account of the reimbursing employer and	30538
not to the mutualized account, except as provided in division	30539
(D)(2) of section 4141.24 of the Revised Code.	30540

(iv) When an individual has been issued a definite layoff	30541
date by the individual's employer and before the layoff date, the	30542
individual quits to accept other employment, the provisions of	30543
division (D)(2)(a)(iii) of this section apply and no	30544
disqualification shall be imposed under division (D) of this	30545
section. However, if the individual fails to meet the employment	30546
and earnings requirements of division (A)(2) of section 4141.291	30547
of the Revised Code, then the individual, pursuant to division	30548
(A)(5) of this section, shall be ineligible for benefits for any	30549
week of unemployment that occurs prior to the layoff date.	30550

(b) The individual has refused without good cause to accept	30551
an offer of suitable work when made by an employer either in	30552
person or to the individual's last known address, or has refused	30553
or failed to investigate a referral to suitable work when directed	30554
to do so by a local employment office of this state or another	30555
state, provided that this division shall not cause a	30556
disqualification for a waiting week or benefits under the	30557
following circumstances:	30558

(i) When work is offered by the individual's employer and the	30559
individual is not required to accept the offer pursuant to the	30560
terms of the labor-management contract or agreement; or	30561

(ii) When the individual is attending a training course	30562
pursuant to division (A)(4) of this section except, in the event	30563
of a refusal to accept an offer of suitable work or a refusal or	30564
failure to investigate a referral, benefits thereafter paid to	30565
such individual shall not be charged to the account of any	30566
employer and, except as provided in division (B)(1)(b) of section	30567
4141.241 of the Revised Code, shall be charged to the mutualized	30568
account as provided in division (B) of section 4141.25 of the	30569
Revised Code.	30570

(c) Such individual quit work to marry or because of marital,	30571
parental, filial, or other domestic obligations.	30572

(d) The individual became unemployed by reason of commitment	30573
to any correctional institution.	30574

(e) The individual became unemployed because of dishonesty in	30575
connection with the individual's most recent or any base period	30576
work. Remuneration earned in such work shall be excluded from the	30577
individual's total base period remuneration and qualifying weeks	30578
that otherwise would be credited to the individual for such work	30579
in the individual's base period shall not be credited for the	30580
purpose of determining the total benefits to which the individual	30581
is eligible and the weekly benefit amount to be paid under section	30582
4141.30 of the Revised Code. Such excluded remuneration and	30583
noncredited qualifying weeks shall be excluded from the	30584
calculation of the maximum amount to be charged, under division	30585
(D) of section 4141.24 and section 4141.33 of the Revised Code,	30586
against the accounts of the individual's base period employers. In	30587
addition, no benefits shall thereafter be paid to the individual	30588
based upon such excluded remuneration or noncredited qualifying	30589
weeks.	30590

For purposes of division (D)(2)(e) of this section,	30591
"dishonesty" means the commission of substantive theft, fraud, or	30592
deceitful acts.	30593

(E) No individual otherwise qualified to receive benefits	30594
shall lose the right to benefits by reason of a refusal to accept	30595
new work if:	30596

(1) As a condition of being so employed the individual would	30597
be required to join a company union, or to resign from or refrain	30598
from joining any bona fide labor organization, or would be denied	30599
the right to retain membership in and observe the lawful rules of	30600
any such organization.	30601

(2) The position offered is vacant due directly to a strike,	30602
lockout, or other labor dispute.	30603

(3) The work is at an unreasonable distance from the	30604
individual's residence, having regard to the character of the work	30605
the individual has been accustomed to do, and travel to the place	30606
of work involves expenses substantially greater than that required	30607
for the individual's former work, unless the expense is provided	30608
for.	30609

(4) The remuneration, hours, or other conditions of the work	30610
offered are substantially less favorable to the individual than	30611
those prevailing for similar work in the locality.	30612

(F) Subject to the special exceptions contained in division	30613
(A)(4)(f) of this section and section 4141.301 of the Revised	30614
Code, in determining whether any work is suitable for a claimant	30615
in the administration of this chapter, the director, in addition	30616
to the determination required under division (E) of this section,	30617
shall consider the degree of risk to the claimant's health,	30618
safety, and morals, the individual's physical fitness for the	30619
work, the individual's prior training and experience, the length	30620
of the individual's unemployment, the distance of the available	30621
work from the individual's residence, and the individual's	30622
prospects for obtaining local work.	30623

(G) The "duration of unemployment" as used in this section	30624
means the full period of unemployment next ensuing after a	30625
separation from any base period or subsequent work and until an	30626
individual has become reemployed in employment subject to this	30627
chapter, or the unemployment compensation act of another state, or	30628
of the United States, and until such individual has worked six	30629
weeks and for those weeks has earned or been paid remuneration	30630
equal to six times an average weekly wage of not less than:	30631
eighty-five dollars and ten cents per week beginning on June 26,	30632
1990; and beginning on and after January 1, 1992, twenty-seven and	30633
one-half per cent of the statewide average weekly wage as computed	30634
each first day of January under division (B)(3) of section 4141.30	30635
of the Revised Code, rounded down to the nearest dollar, except	30636
for purposes of division (D)(2)(c) of this section, such term	30637
means the full period of unemployment next ensuing after a	30638
separation from such work and until such individual has become	30639
reemployed subject to the terms set forth above, and has earned	30640
wages equal to one-half of the individual's average weekly wage or	30641
sixty dollars, whichever is less.	30642

(H) If a claimant is disqualified under division (D)(2)(a),	30643
(c), or (d) of this section or found to be qualified under the	30644
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	30645
this section or division (A)(2) of section 4141.291 of the Revised	30646
Code, then benefits that may become payable to such claimant,	30647
which are chargeable to the account of the employer from whom the	30648
individual was separated under such conditions, shall be charged	30649
to the mutualized account provided in section 4141.25 of the	30650
Revised Code, provided that no charge shall be made to the	30651
mutualized account for benefits chargeable to a reimbursing	30652
employer, except as provided in division (D)(2) of section 4141.24	30653
of the Revised Code. In the case of a reimbursing employer, the	30654
director shall refund or credit to the account of the reimbursing	30655
employer any over-paid benefits that are recovered under division	30656
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	30657
other states, the United States, or Canada that are subject to	30658
agreements and arrangements that are established pursuant to	30659
section 4141.43 of the Revised Code shall be credited or	30660
reimbursed according to the agreements and arrangements to which	30661
the chargeable amounts are subject.	30662

(I)(1) Benefits based on service in employment as provided in	30663
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	30664
shall be payable in the same amount, on the same terms, and	30665
subject to the same conditions as benefits payable on the basis of	30666
other service subject to this chapter; except that after December	30667
31, 1977:	30668

(a) Benefits based on service in an instructional, research,	30669
or principal administrative capacity in an institution of higher	30670
education, as defined in division (Y) of section 4141.01 of the	30671
Revised Code; or for an educational institution as defined in	30672
division (CC) of section 4141.01 of the Revised Code, shall not be	30673
paid to any individual for any week of unemployment that begins	30674
during the period between two successive academic years or terms,	30675
or during a similar period between two regular but not successive	30676
terms or during a period of paid sabbatical leave provided for in	30677
the individual's contract, if the individual performs such	30678
services in the first of those academic years or terms and has a	30679
contract or a reasonable assurance that the individual will	30680
perform services in any such capacity for any such institution in	30681
the second of those academic years or terms.	30682

(b) Benefits based on service for an educational institution	30683
or an institution of higher education in other than an	30684
instructional, research, or principal administrative capacity,	30685
shall not be paid to any individual for any week of unemployment	30686
which begins during the period between two successive academic	30687
years or terms of the employing educational institution or	30688
institution of higher education, provided the individual performed	30689
those services for the educational institution or institution of	30690
higher education during the first such academic year or term and,	30691
there is a reasonable assurance that such individual will perform	30692
those services for any educational institution or institution of	30693
higher education in the second of such academic years or terms.	30694

If compensation is denied to any individual for any week	30695
under division (I)(1)(b) of this section and the individual was	30696
not offered an opportunity to perform those services for an	30697
institution of higher education or for an educational institution	30698
for the second of such academic years or terms, the individual is	30699
entitled to a retroactive payment of compensation for each week	30700
for which the individual timely filed a claim for compensation and	30701
for which compensation was denied solely by reason of division	30702
(I)(1)(b) of this section. An application for retroactive benefits	30703
shall be timely filed if received by the director or the	30704
director's deputy within or prior to the end of the fourth full	30705
calendar week after the end of the period for which benefits were	30706
denied because of reasonable assurance of employment. The	30707
provision for the payment of retroactive benefits under division	30708
(I)(1)(b) of this section is applicable to weeks of unemployment	30709
beginning on and after November 18, 1983. The provisions under	30710
division (I)(1)(b) of this section shall be retroactive to	30711
September 5, 1982, only if, as a condition for full tax credit	30712
against the tax imposed by the "Federal Unemployment Tax Act," 53	30713
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	30714
secretary of labor determines that retroactivity is required by	30715
federal law.	30716

(c) With respect to weeks of unemployment beginning after	30717
December 31, 1977, benefits shall be denied to any individual for	30718
any week which commences during an established and customary	30719
vacation period or holiday recess, if the individual performs any	30720
services described in divisions (I)(1)(a) and (b) of this section	30721
in the period immediately before the vacation period or holiday	30722
recess, and there is a reasonable assurance that the individual	30723
will perform any such services in the period immediately following	30724
the vacation period or holiday recess.	30725

(d) With respect to any services described in division	30726
(I)(1)(a), (b), or (c) of this section, benefits payable on the	30727
basis of services in any such capacity shall be denied as	30728
specified in division (I)(1)(a), (b), or (c) of this section to	30729
any individual who performs such services in an educational	30730
institution or institution of higher education while in the employ	30731
of an educational service agency. For this purpose, the term	30732
"educational service agency" means a governmental agency or	30733
governmental entity that is established and operated exclusively	30734
for the purpose of providing services to one or more educational	30735
institutions or one or more institutions of higher education.	30736

(e) Any individual employed by a county board of	30737
developmental disabilities shall be notified by the thirtieth day	30738
of April each year if the individual is not to be reemployed the	30739
following academic year.	30740

(f) Any individual employed by a school district, other than	30741
a municipal school district as defined in section 3311.71 of the	30742
Revised Code, shall be notified by the first day of June each year	30743
if the individual is not to be reemployed the following academic	30744
year.	30745

(2) No disqualification will be imposed, between academic	30746
years or terms or during a vacation period or holiday recess under	30747
this division, unless the director or the director's deputy has	30748
received a statement in writing from the educational institution	30749
or institution of higher education that the claimant has a	30750
contract for, or a reasonable assurance of, reemployment for the	30751
ensuing academic year or term.	30752

(3) If an individual has employment with an educational	30753
institution or an institution of higher education and employment	30754
with a noneducational employer, during the base period of the	30755
individual's benefit year, then the individual may become eligible	30756
for benefits during the between-term, or vacation or holiday	30757
recess, disqualification period, based on employment performed for	30758
the noneducational employer, provided that the employment is	30759
sufficient to qualify the individual for benefit rights separately	30760
from the benefit rights based on school employment. The weekly	30761
benefit amount and maximum benefits payable during a	30762
disqualification period shall be computed based solely on the	30763
nonschool employment.	30764

(J) Benefits shall not be paid on the basis of employment	30765
performed by an alien, unless the alien had been lawfully admitted	30766
to the United States for permanent residence at the time the	30767
services were performed, was lawfully present for purposes of	30768
performing the services, or was otherwise permanently residing in	30769
the United States under color of law at the time the services were	30770
performed, under section 212(d)(5) of the "Immigration and	30771
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	30772

(1) Any data or information required of individuals applying	30773
for benefits to determine whether benefits are not payable to them	30774
because of their alien status shall be uniformly required from all	30775
applicants for benefits.	30776

(2) In the case of an individual whose application for	30777
benefits would otherwise be approved, no determination that	30778
benefits to the individual are not payable because of the	30779
individual's alien status shall be made except upon a	30780
preponderance of the evidence that the individual had not, in	30781
fact, been lawfully admitted to the United States.	30782

(K) The director shall establish and utilize a system of	30783
profiling all new claimants under this chapter that:	30784

(1) Identifies which claimants will be likely to exhaust	30785
regular compensation and will need job search assistance services	30786
to make a successful transition to new employment;	30787

(2) Refers claimants identified pursuant to division (K)(1)	30788
of this section to reemployment services, such as job search	30789
assistance services, available under any state or federal law;	30790

(3) Collects follow-up information relating to the services	30791
received by such claimants and the employment outcomes for such	30792
claimant's subsequent to receiving such services and utilizes such	30793
information in making identifications pursuant to division (K)(1)	30794
of this section; and	30795

(4) Meets such other requirements as the United States	30796
secretary of labor determines are appropriate.	30797

(L) Except as otherwise provided in division (A)(6) of this	30798
section, ineligibility pursuant to division (A) of this section	30799
shall begin on the first day of the week in which the claimant	30800
becomes ineligible for benefits and shall end on the last day of	30801
the week preceding the week in which the claimant satisfies the	30802
eligibility requirements.	30803

(M) The director may adopt rules that the director considers	30804
necessary for the administration of division (A) of this section.	30805

Sec. 4141.35. (A) If the director of job and family services	30806
finds that any fraudulent misrepresentation has been made by an	30807
applicant for or a recipient of benefits with the object of	30808
obtaining benefits to which the applicant or recipient was not	30809
entitled, and in addition to any other penalty or forfeiture under	30810
this chapter, then the director:	30811

(1) Shall within four years after the end of the benefit year	30812
in which the fraudulent misrepresentation was made reject or	30813
cancel such person's entire weekly claim for benefits that was	30814
fraudulently claimed, or the person's entire benefit rights if the	30815
misrepresentation was in connection with the filing of the	30816
claimant's application for determination of benefit rights;	30817

(2) Shall by order declare that, for each application for	30818
benefit rights and for each weekly claim canceled, such person	30819
shall be ineligible for two otherwise valid weekly claims for	30820
benefits, claimed within six years subsequent to the discovery of	30821
such misrepresentation;	30822

(3) By order shall require that the total amount of benefits	30823
rejected or canceled under division (A)(1) of this section be	30824
repaid to the director before such person may become eligible for	30825
further benefits, and shall withhold such unpaid sums from future	30826
benefit payments accruing and otherwise payable to such claimant.	30827
Effective with orders issued on or after January 1, 1993, if such	30828
benefits are not repaid within thirty days after the director's	30829
order becomes final, interest on the amount remaining unpaid shall	30830
be charged to the person at a rate and calculated in the same	30831
manner as provided under section 4141.23 of the Revised Code. When	30832
a person ordered to repay benefits has repaid all overpaid	30833
benefits according to a plan approved by the director, the	30834
director may cancel the amount of interest that accrued during the	30835
period of the repayment plan. The director may take action in any	30836
court of competent jurisdiction to collect benefits and interest	30837
as provided in sections 4141.23 and 4141.27 of the Revised Code,	30838
in regard to the collection of unpaid contributions, using the	30839
final repayment order as the basis for such action. Except as	30840
otherwise provided in this division, no administrative or legal	30841
proceedings for the collection of such benefits or interest due,	30842
or for the collection of a penalty under division (A)(4) of this	30843
section, shall be initiated after the expiration of six years from	30844
the date on which the director's order requiring repayment became	30845
final and the amount of any benefits, penalty, or interest not	30846
recovered at that time, and any liens thereon, shall be canceled	30847
as uncollectible. The time limit for instituting proceedings shall	30848
be extended by the period of any stay to the collection or by any	30849
other time period to which the parties mutually agree.	30850

(4) Shall, for findings made on or after October 21, 2013, by	30851
order assess a mandatory penalty on such a person in an amount	30852
equal to twenty-five per cent of the total amount of benefits	30853
rejected or canceled under division (A)(1) of this section. The	30854
first sixty per cent of each penalty collected under division	30855
(A)(4) of this section shall be deposited into the unemployment	30856
compensation fund created under section 4141.09 of the Revised	30857
Code~~, and the~~and shall be credited to the mutualized account, as	30858
provided in division (B)(2)(g) of section 4141.25 of the Revised	30859
Code. The remainder of each penalty collected shall be deposited	30860
into the unemployment compensation special administrative fund	30861
created under section 4141.11 of the Revised Code.	30862

(5) May take action to collect benefits fraudulently obtained	30863
under the unemployment compensation law of any other state or the	30864
United States or Canada. Such action may be initiated in the	30865
courts of this state in the same manner as provided for unpaid	30866
contributions in section 4141.41 of the Revised Code.	30867

(6) May take action to collect benefits that have been	30868
fraudulently obtained from the director, interest pursuant to	30869
division (A)(3) of this section, and court costs, through	30870
attachment proceedings under Chapter 2715. of the Revised Code and	30871
garnishment proceedings under Chapter 2716. of the Revised Code.	30872

(B) If the director finds that an applicant for benefits has	30873
been credited with a waiting period or paid benefits to which the	30874
applicant was not entitled for reasons other than fraudulent	30875
misrepresentation, the director shall:	30876

(1)(a) Within six months after the determination under which	30877
the claimant was credited with that waiting period or paid	30878
benefits becomes final pursuant to section 4141.28 of the Revised	30879
Code, or within three years after the end of the benefit year in	30880
which such benefits were claimed, whichever is later, by order	30881
cancel such waiting period and require that such benefits be	30882
repaid to the director or be withheld from any benefits to which	30883
such applicant is or may become entitled before any additional	30884
benefits are paid, provided that the repayment or withholding	30885
shall not be required where the overpayment is the result of the	30886
director's correcting a prior decision due to a typographical or	30887
clerical error in the director's prior decision, or an error in an	30888
employer's report under division (G) of section 4141.28 of the	30889
Revised Code.	30890

(b) The limitation specified in division (B)(1)(a) of this	30891
section shall not apply to cases involving the retroactive payment	30892
of remuneration covering periods for which benefits were	30893
previously paid to the claimant. However, in such cases, the	30894
director's order requiring repayment shall not be issued unless	30895
the director is notified of such retroactive payment within six	30896
months from the date the retroactive payment was made to the	30897
claimant.	30898

(2) The director may, by reciprocal agreement with the United	30899
States secretary of labor or another state, recover overpayment	30900
amounts from unemployment benefits otherwise payable to an	30901
individual under Chapter 4141. of the Revised Code. Any	30902
overpayments made to the individual that have not previously been	30903
recovered under an unemployment benefit program of the United	30904
States may be recovered in accordance with section 303(g) of the	30905
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the	30906
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A.	30907
3301 to 3311.	30908

(3) If the amounts required to be repaid under division (B)	30909
of this section are not recovered within three years from the date	30910
the director's order requiring payment became final, initiate no	30911
further action to collect such benefits and the amount of any	30912
benefits not recovered at that time shall be canceled as	30913
uncollectible, provided that the time limit for collection shall	30914
be extended by the period of any stay to the collection or by any	30915
other time period to which the parties mutually agree.	30916

(C) The appeal provisions of sections 4141.281 and 4141.282	30917
of the Revised Code shall apply to all orders and determinations	30918
issued under this section, except that an individual's right of	30919
appeal under division (B)(2) of this section shall be limited to	30920
this state's authority to recover overpayment of benefits.	30921

(D) If an individual makes a full repayment or a repayment	30922
that is less than the full amount required by this section, the	30923
director shall apply the repayment to the mutualized account under	30924
division (B) of section 4141.25 of the Revised Code, except that	30925
the director shall credit the repayment to the accounts of the	30926
individual's base period employers that previously have not been	30927
credited for the amount of improperly paid benefits charged	30928
against their accounts based on the proportion of benefits charged	30929
against the accounts as determined pursuant to division (D) of	30930
section 4141.24 of the Revised Code.	30931

The director shall deposit any repayment collected under this	30932
section that the director determines to be payment of interest or	30933
court costs into the unemployment compensation special	30934
administrative fund established pursuant to section 4141.11 of the	30935
Revised Code.	30936

This division does not apply to ~~federal~~any of the following:

30937

(1) Federal tax refund offsets under 31 C.F.R. 285.8;

30938

(2) Unclaimed fund recoveries under section 131.024 of the	30939
Revised Code;	30940

(3) Lottery award offsets under section 3770.073 of the	30941
Revised Code;	30942

(4) State tax refund offsets under section 5747.12 of the	30943
Revised Code.	30944

Sec. 4511.191. (A)(1) As used in this section:

30945

(a) "Physical control" has the same meaning as in section	30946
4511.194 of the Revised Code.	30947

(b) "Alcohol monitoring device" means any device that	30948
provides for continuous alcohol monitoring, any ignition interlock	30949
device, any immobilizing or disabling device other than an	30950
ignition interlock device that is constantly available to monitor	30951
the concentration of alcohol in a person's system, or any other	30952
device that provides for the automatic testing and periodic	30953
reporting of alcohol consumption by a person and that a court	30954
orders a person to use as a sanction imposed as a result of the	30955
person's conviction of or plea of guilty to an offense.	30956

(2) Any person who operates a vehicle, streetcar, or	30957
trackless trolley upon a highway or any public or private property	30958
used by the public for vehicular travel or parking within this	30959
state or who is in physical control of a vehicle, streetcar, or	30960
trackless trolley shall be deemed to have given consent to a	30961
chemical test or tests of the person's whole blood, blood serum or	30962
plasma, breath, or urine to determine the alcohol, drug of abuse,	30963
controlled substance, metabolite of a controlled substance, or	30964
combination content of the person's whole blood, blood serum or	30965
plasma, breath, or urine if arrested for a violation of division	30966
(A) or (B) of section 4511.19 of the Revised Code, section	30967
4511.194 of the Revised Code or a substantially equivalent	30968
municipal ordinance, or a municipal OVI ordinance.	30969

(3) The chemical test or tests under division (A)(2) of this	30970
section shall be administered at the request of a law enforcement	30971
officer having reasonable grounds to believe the person was	30972
operating or in physical control of a vehicle, streetcar, or	30973
trackless trolley in violation of a division, section, or	30974
ordinance identified in division (A)(2) of this section. The law	30975
enforcement agency by which the officer is employed shall	30976
designate which of the tests shall be administered.	30977

(4) Any person who is dead or unconscious, or who otherwise	30978
is in a condition rendering the person incapable of refusal, shall	30979
be deemed to have consented as provided in division (A)(2) of this	30980
section, and the test or tests may be administered, subject to	30981
sections 313.12 to 313.16 of the Revised Code.	30982

(5)(a) If a law enforcement officer arrests a person for a	30983
violation of division (A) or (B) of section 4511.19 of the Revised	30984
Code, section 4511.194 of the Revised Code or a substantially	30985
equivalent municipal ordinance, or a municipal OVI ordinance and	30986
if the person if convicted would be required to be sentenced under	30987
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	30988
Code, the law enforcement officer shall request the person to	30989
submit, and the person shall submit, to a chemical test or tests	30990
of the person's whole blood, blood serum or plasma, breath, or	30991
urine for the purpose of determining the alcohol, drug of abuse,	30992
controlled substance, metabolite of a controlled substance, or	30993
combination content of the person's whole blood, blood serum or	30994
plasma, breath, or urine. A law enforcement officer who makes a	30995
request pursuant to this division that a person submit to a	30996
chemical test or tests is not required to advise the person of the	30997
consequences of submitting to, or refusing to submit to, the test	30998
or tests and is not required to give the person the form described	30999
in division (B) of section 4511.192 of the Revised Code, but the	31000
officer shall advise the person at the time of the arrest that if	31001
the person refuses to take a chemical test the officer may employ	31002
whatever reasonable means are necessary to ensure that the person	31003
submits to a chemical test of the person's whole blood or blood	31004
serum or plasma. The officer shall also advise the person at the	31005
time of the arrest that the person may have an independent	31006
chemical test taken at the person's own expense. Divisions (A)(3)	31007
and (4) of this section apply to the administration of a chemical	31008
test or tests pursuant to this division.	31009

(b) If a person refuses to submit to a chemical test upon a	31010
request made pursuant to division (A)(5)(a) of this section, the	31011
law enforcement officer who made the request may employ whatever	31012
reasonable means are necessary to ensure that the person submits	31013
to a chemical test of the person's whole blood or blood serum or	31014
plasma. A law enforcement officer who acts pursuant to this	31015
division to ensure that a person submits to a chemical test of the	31016
person's whole blood or blood serum or plasma is immune from	31017
criminal and civil liability based upon a claim for assault and	31018
battery or any other claim for the acts, unless the officer so	31019
acted with malicious purpose, in bad faith, or in a wanton or	31020
reckless manner.	31021

(B)(1) Upon receipt of the sworn report of a law enforcement	31022
officer who arrested a person for a violation of division (A) or	31023
(B) of section 4511.19 of the Revised Code, section 4511.194 of	31024
the Revised Code or a substantially equivalent municipal	31025
ordinance, or a municipal OVI ordinance that was completed and	31026
sent to the registrar of motor vehicles and a court pursuant to	31027
section 4511.192 of the Revised Code in regard to a person who	31028
refused to take the designated chemical test, the registrar shall	31029
enter into the registrar's records the fact that the person's	31030
driver's or commercial driver's license or permit or nonresident	31031
operating privilege was suspended by the arresting officer under	31032
this division and that section and the period of the suspension,	31033
as determined under this section. The suspension shall be subject	31034
to appeal as provided in section 4511.197 of the Revised Code. The	31035
suspension shall be for whichever of the following periods	31036
applies:	31037

(a) Except when division (B)(1)(b), (c), or (d) of this	31038
section applies and specifies a different class or length of	31039
suspension, the suspension shall be a class C suspension for the	31040
period of time specified in division (B)(3) of section 4510.02 of	31041
the Revised Code.	31042

(b) If the arrested person, within six years of the date on	31043
which the person refused the request to consent to the chemical	31044
test, had refused one previous request to consent to a chemical	31045
test or had been convicted of or pleaded guilty to one violation	31046
of division (A) or (B) of section 4511.19 of the Revised Code or	31047
one other equivalent offense, the suspension shall be a class B	31048
suspension imposed for the period of time specified in division	31049
(B)(2) of section 4510.02 of the Revised Code.	31050

(c) If the arrested person, within six years of the date on	31051
which the person refused the request to consent to the chemical	31052
test, had refused two previous requests to consent to a chemical	31053
test, had been convicted of or pleaded guilty to two violations of	31054
division (A) or (B) of section 4511.19 of the Revised Code or	31055
other equivalent offenses, or had refused one previous request to	31056
consent to a chemical test and also had been convicted of or	31057
pleaded guilty to one violation of division (A) or (B) of section	31058
4511.19 of the Revised Code or other equivalent offenses, which	31059
violation or offense arose from an incident other than the	31060
incident that led to the refusal, the suspension shall be a class	31061
A suspension imposed for the period of time specified in division	31062
(B)(1) of section 4510.02 of the Revised Code.	31063

(d) If the arrested person, within six years of the date on	31064
which the person refused the request to consent to the chemical	31065
test, had refused three or more previous requests to consent to a	31066
chemical test, had been convicted of or pleaded guilty to three or	31067
more violations of division (A) or (B) of section 4511.19 of the	31068
Revised Code or other equivalent offenses, or had refused a number	31069
of previous requests to consent to a chemical test and also had	31070
been convicted of or pleaded guilty to a number of violations of	31071
division (A) or (B) of section 4511.19 of the Revised Code or	31072
other equivalent offenses that cumulatively total three or more	31073
such refusals, convictions, and guilty pleas, the suspension shall	31074
be for five years.	31075

(2) The registrar shall terminate a suspension of the	31076
driver's or commercial driver's license or permit of a resident or	31077
of the operating privilege of a nonresident, or a denial of a	31078
driver's or commercial driver's license or permit, imposed	31079
pursuant to division (B)(1) of this section upon receipt of notice	31080
that the person has entered a plea of guilty to, or that the	31081
person has been convicted after entering a plea of no contest to,	31082
operating a vehicle in violation of section 4511.19 of the Revised	31083
Code or in violation of a municipal OVI ordinance, if the offense	31084
for which the conviction is had or the plea is entered arose from	31085
the same incident that led to the suspension or denial.	31086

The registrar shall credit against any judicial suspension of	31087
a person's driver's or commercial driver's license or permit or	31088
nonresident operating privilege imposed pursuant to section	31089
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	31090
Revised Code for a violation of a municipal OVI ordinance, any	31091
time during which the person serves a related suspension imposed	31092
pursuant to division (B)(1) of this section.	31093

(C)(1) Upon receipt of the sworn report of the law	31094
enforcement officer who arrested a person for a violation of	31095
division (A) or (B) of section 4511.19 of the Revised Code or a	31096
municipal OVI ordinance that was completed and sent to the	31097
registrar and a court pursuant to section 4511.192 of the Revised	31098
Code in regard to a person whose test results indicate that the	31099
person's whole blood, blood serum or plasma, breath, or urine	31100
contained at least the concentration of alcohol specified in	31101
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	31102
Revised Code or at least the concentration of a listed controlled	31103
substance or a listed metabolite of a controlled substance	31104
specified in division (A)(1)(j) of section 4511.19 of the Revised	31105
Code, the registrar shall enter into the registrar's records the	31106
fact that the person's driver's or commercial driver's license or	31107
permit or nonresident operating privilege was suspended by the	31108
arresting officer under this division and section 4511.192 of the	31109
Revised Code and the period of the suspension, as determined under	31110
divisions (C)(1)(a) to (d) of this section. The suspension shall	31111
be subject to appeal as provided in section 4511.197 of the	31112
Revised Code. The suspension described in this division does not	31113
apply to, and shall not be imposed upon, a person arrested for a	31114
violation of section 4511.194 of the Revised Code or a	31115
substantially equivalent municipal ordinance who submits to a	31116
designated chemical test. The suspension shall be for whichever of	31117
the following periods applies:	31118

(a) Except when division (C)(1)(b), (c), or (d) of this	31119
section applies and specifies a different period, the suspension	31120
shall be a class E suspension imposed for the period of time	31121
specified in division (B)(5) of section 4510.02 of the Revised	31122
Code.	31123

(b) The suspension shall be a class C suspension for the	31124
period of time specified in division (B)(3) of section 4510.02 of	31125
the Revised Code if the person has been convicted of or pleaded	31126
guilty to, within six years of the date the test was conducted,	31127
one violation of division (A) or (B) of section 4511.19 of the	31128
Revised Code or one other equivalent offense.	31129

(c) If, within six years of the date the test was conducted,	31130
the person has been convicted of or pleaded guilty to two	31131
violations of a statute or ordinance described in division	31132
(C)(1)(b) of this section, the suspension shall be a class B	31133
suspension imposed for the period of time specified in division	31134
(B)(2) of section 4510.02 of the Revised Code.	31135

(d) If, within six years of the date the test was conducted,	31136
the person has been convicted of or pleaded guilty to more than	31137
two violations of a statute or ordinance described in division	31138
(C)(1)(b) of this section, the suspension shall be a class A	31139
suspension imposed for the period of time specified in division	31140
(B)(1) of section 4510.02 of the Revised Code.	31141

(2) The registrar shall terminate a suspension of the	31142
driver's or commercial driver's license or permit of a resident or	31143
of the operating privilege of a nonresident, or a denial of a	31144
driver's or commercial driver's license or permit, imposed	31145
pursuant to division (C)(1) of this section upon receipt of notice	31146
that the person has entered a plea of guilty to, or that the	31147
person has been convicted after entering a plea of no contest to,	31148
operating a vehicle in violation of section 4511.19 of the Revised	31149
Code or in violation of a municipal OVI ordinance, if the offense	31150
for which the conviction is had or the plea is entered arose from	31151
the same incident that led to the suspension or denial.	31152

The registrar shall credit against any judicial suspension of	31153
a person's driver's or commercial driver's license or permit or	31154
nonresident operating privilege imposed pursuant to section	31155
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	31156
Revised Code for a violation of a municipal OVI ordinance, any	31157
time during which the person serves a related suspension imposed	31158
pursuant to division (C)(1) of this section.	31159

(D)(1) A suspension of a person's driver's or commercial	31160
driver's license or permit or nonresident operating privilege	31161
under this section for the time described in division (B) or (C)	31162
of this section is effective immediately from the time at which	31163
the arresting officer serves the notice of suspension upon the	31164
arrested person. Any subsequent finding that the person is not	31165
guilty of the charge that resulted in the person being requested	31166
to take the chemical test or tests under division (A) of this	31167
section does not affect the suspension.	31168

(2) If a person is arrested for operating a vehicle,	31169
streetcar, or trackless trolley in violation of division (A) or	31170
(B) of section 4511.19 of the Revised Code or a municipal OVI	31171
ordinance, or for being in physical control of a vehicle,	31172
streetcar, or trackless trolley in violation of section 4511.194	31173
of the Revised Code or a substantially equivalent municipal	31174
ordinance, regardless of whether the person's driver's or	31175
commercial driver's license or permit or nonresident operating	31176
privilege is or is not suspended under division (B) or (C) of this	31177
section or Chapter 4510. of the Revised Code, the person's initial	31178
appearance on the charge resulting from the arrest shall be held	31179
within five days of the person's arrest or the issuance of the	31180
citation to the person, subject to any continuance granted by the	31181
court pursuant to section 4511.197 of the Revised Code regarding	31182
the issues specified in that division.	31183

(E) When it finally has been determined under the procedures	31184
of this section and sections 4511.192 to 4511.197 of the Revised	31185
Code that a nonresident's privilege to operate a vehicle within	31186
this state has been suspended, the registrar shall give	31187
information in writing of the action taken to the motor vehicle	31188
administrator of the state of the person's residence and of any	31189
state in which the person has a license.	31190

(F) At the end of a suspension period under this section,	31191
under section 4511.194, section 4511.196, or division (G) of	31192
section 4511.19 of the Revised Code, or under section 4510.07 of	31193
the Revised Code for a violation of a municipal OVI ordinance and	31194
upon the request of the person whose driver's or commercial	31195
driver's license or permit was suspended and who is not otherwise	31196
subject to suspension, cancellation, or disqualification, the	31197
registrar shall return the driver's or commercial driver's license	31198
or permit to the person upon the occurrence of all of the	31199
conditions specified in divisions (F)(1) and (2) of this section:	31200

(1) A showing that the person has proof of financial	31201
responsibility, a policy of liability insurance in effect that	31202
meets the minimum standards set forth in section 4509.51 of the	31203
Revised Code, or proof, to the satisfaction of the registrar, that	31204
the person is able to respond in damages in an amount at least	31205
equal to the minimum amounts specified in section 4509.51 of the	31206
Revised Code.	31207

(2) Subject to the limitation contained in division (F)(3) of	31208
this section, payment by the person to the registrar or an	31209
eligible deputy registrar of a license reinstatement fee of four	31210
hundred seventy-five dollars~~, which fee~~. The registrar or deputy	31211
registrar shall ~~be deposited~~deposit the fee in the state treasury	31212
~~and~~to be credited as follows:	31213

(a) One hundred twelve dollars and fifty cents shall be	31214
credited to the statewide treatment and prevention fund created by	31215
section 4301.30 of the Revised Code. Money credited to the fund	31216
under this section shall be used for purposes identified under	31217
section 5119.22 of the Revised Code.	31218

(b) Seventy-five dollars shall be credited to the reparations	31219
fund created by section 2743.191 of the Revised Code.	31220

(c) Thirty-seven dollars and fifty cents shall be credited to	31221
the indigent drivers alcohol treatment fund, which is hereby	31222
established in the state treasury. ~~Except as otherwise provided in~~	31223
~~division (F)(2)(c) of this section, moneys in the fund shall be~~	31224
~~distributed by the~~The department of mental health and addiction	31225
services shall distribute the moneys in that fund to the county	31226
indigent drivers alcohol treatment funds, the county juvenile	31227
indigent drivers alcohol treatment funds, and the municipal	31228
indigent drivers alcohol treatment funds that are required to be	31229
established by counties and municipal corporations pursuant to	31230
division (H) of this section~~, and shall~~to be used only ~~to pay~~	31231
~~the cost of an alcohol and drug addiction treatment program~~	31232
~~attended by an offender or juvenile traffic offender who is~~	31233
~~ordered to attend an alcohol and drug addiction treatment program~~	31234
~~by a county, juvenile, or municipal court judge and who is~~	31235
~~determined by the county, juvenile, or municipal court judge not~~	31236
~~to have the means to pay for the person's attendance at the~~	31237
~~program or to pay the costs specified in division (H)(4) of this~~	31238
~~section in accordance with that division. In addition, a county,~~	31239
~~juvenile, or municipal court judge may use moneys in the county~~	31240
~~indigent drivers alcohol treatment fund, county juvenile indigent~~	31241
~~drivers alcohol treatment fund, or municipal indigent drivers~~	31242
~~alcohol treatment fund to pay for the cost of the continued use of~~	31243
~~an alcohol monitoring device as described in divisions (H)(3) and~~	31244
~~(4) of this section~~as provided in division (H)(3) of this	31245
section. Moneys in the fund that are not distributed to a county	31246
indigent drivers alcohol treatment fund, a county juvenile	31247
indigent drivers alcohol treatment fund, or a municipal indigent	31248
drivers alcohol treatment fund under division (H) of this section	31249
because the director of mental health and addiction services does	31250
not have the information necessary to identify the county or	31251
municipal corporation where the offender or juvenile offender was	31252
arrested may be transferred by the director of budget and	31253
management to the statewide treatment and prevention fund created	31254
by section 4301.30 of the Revised Code, upon certification of the	31255
amount by the director of mental health and addiction services.	31256

(d) Seventy-five dollars shall be credited to the	31257
opportunities for Ohioans with disabilities agency established by	31258
section 3304.15 of the Revised Code, to the services for	31259
rehabilitation fund, which is hereby established. The fund shall	31260
be used to match available federal matching funds where	31261
appropriate, and for any other purpose or program of the agency to	31262
rehabilitate persons with disabilities to help them become	31263
employed and independent.	31264

(e) Seventy-five dollars shall be deposited into the state	31265
treasury and credited to the drug abuse resistance education	31266
programs fund, which is hereby established, to be used by the	31267
attorney general for the purposes specified in division (F)(4) of	31268
this section.	31269

(f) Thirty dollars shall be credited to the state bureau of	31270
motor vehicles fund created by section 4501.25 of the Revised	31271
Code.	31272

(g) Twenty dollars shall be credited to the trauma and	31273
emergency medical services fund created by section 4513.263 of the	31274
Revised Code.	31275

(h) Fifty dollars shall be credited to the indigent drivers	31276
interlock and alcohol monitoring fund, which is hereby established	31277
in the state treasury. Moneys in the fund shall be distributed by	31278
the department of public safety to the county indigent drivers	31279
interlock and alcohol monitoring funds, the county juvenile	31280
indigent drivers interlock and alcohol monitoring funds, and the	31281
municipal indigent drivers interlock and alcohol monitoring funds	31282
that are required to be established by counties and municipal	31283
corporations pursuant to this section, and shall be used only to	31284
pay the cost of an immobilizing or disabling device, including a	31285
certified ignition interlock device, or an alcohol monitoring	31286
device used by an offender or juvenile offender who is ordered to	31287
use the device by a county, juvenile, or municipal court judge and	31288
who is determined by the county, juvenile, or municipal court	31289
judge not to have the means to pay for the person's use of the	31290
device.	31291

(3) If a person's driver's or commercial driver's license or	31292
permit is suspended under this section, under section 4511.196 or	31293
division (G) of section 4511.19 of the Revised Code, under section	31294
4510.07 of the Revised Code for a violation of a municipal OVI	31295
ordinance or under any combination of the suspensions described in	31296
division (F)(3) of this section, and if the suspensions arise from	31297
a single incident or a single set of facts and circumstances, the	31298
person is liable for payment of, and shall be required to pay to	31299
the registrar or an eligible deputy registrar, only one	31300
reinstatement fee of four hundred seventy-five dollars. The	31301
reinstatement fee shall be distributed by the bureau in accordance	31302
with division (F)(2) of this section.	31303

(4) The attorney general shall use amounts in the drug abuse	31304
resistance education programs fund to award grants to law	31305
enforcement agencies to establish and implement drug abuse	31306
resistance education programs in public schools. Grants awarded to	31307
a law enforcement agency under this section shall be used by the	31308
agency to pay for not more than fifty per cent of the amount of	31309
the salaries of law enforcement officers who conduct drug abuse	31310
resistance education programs in public schools. The attorney	31311
general shall not use more than six per cent of the amounts the	31312
attorney general's office receives under division (F)(2)(e) of	31313
this section to pay the costs it incurs in administering the grant	31314
program established by division (F)(2)(e) of this section and in	31315
providing training and materials relating to drug abuse resistance	31316
education programs.	31317

The attorney general shall report to the governor and the	31318
general assembly each fiscal year on the progress made in	31319
establishing and implementing drug abuse resistance education	31320
programs. These reports shall include an evaluation of the	31321
effectiveness of these programs.	31322

(5) In addition to the reinstatement fee under this section,	31323
if the person pays the reinstatement fee to a deputy registrar,	31324
the deputy registrar shall collect a service fee of ten dollars to	31325
compensate the deputy registrar for services performed under this	31326
section. The deputy registrar shall retain eight dollars of the	31327
service fee and shall transmit the reinstatement fee, plus two	31328
dollars of the service fee, to the registrar in the manner the	31329
registrar shall determine.	31330

(G) Suspension of a commercial driver's license under	31331
division (B) or (C) of this section shall be concurrent with any	31332
period of disqualification under section 3123.611 or 4506.16 of	31333
the Revised Code or any period of suspension under section 3123.58	31334
of the Revised Code. No person who is disqualified for life from	31335
holding a commercial driver's license under section 4506.16 of the	31336
Revised Code shall be issued a driver's license under Chapter	31337
4507. of the Revised Code during the period for which the	31338
commercial driver's license was suspended under division (B) or	31339
(C) of this section. No person whose commercial driver's license	31340
is suspended under division (B) or (C) of this section shall be	31341
issued a driver's license under Chapter 4507. of the Revised Code	31342
during the period of the suspension.	31343

(H)(1) Each county shall establish an indigent drivers	31344
alcohol treatment fund~~, each county shall establish~~and a juvenile	31345
indigent drivers alcohol treatment fund~~, and each~~. Each municipal	31346
corporation in which there is a municipal court shall establish an	31347
indigent drivers alcohol treatment fund. ~~All revenue that the~~	31348
~~general assembly appropriates to the indigent drivers alcohol~~	31349
~~treatment fund for transfer to a county indigent drivers alcohol~~	31350
~~treatment fund, a county juvenile indigent drivers alcohol~~	31351
~~treatment fund, or a municipal indigent drivers alcohol treatment~~	31352
~~fund, all portions of fees that are paid under division (F) of~~	31353
~~this section and that are credited under that division to the~~	31354
~~indigent drivers alcohol treatment fund in the state treasury for~~	31355
~~a county indigent drivers alcohol treatment fund, a county~~	31356
~~juvenile indigent drivers alcohol treatment fund, or a municipal~~	31357
~~indigent drivers alcohol treatment fund, all portions of~~	31358
~~additional costs imposed under section 2949.094 of the Revised~~	31359
~~Code that are specified for deposit into a county, county~~	31360
~~juvenile, or municipal indigent drivers alcohol treatment fund by~~	31361
~~that section, and all portions of fines that are specified for~~	31362
~~deposit into a county or municipal indigent drivers alcohol~~	31363
~~treatment fund by section 4511.193 of the Revised Code shall be~~	31364
~~deposited into that county indigent drivers alcohol treatment~~	31365
~~fund, county juvenile indigent drivers alcohol treatment fund, or~~	31366
~~municipal indigent drivers alcohol treatment fund. The portions of~~	31367
~~the fees paid under division (F) of this section that are to be so~~	31368
~~deposited shall be determined in accordance with division (H)(2)~~	31369
~~of this section. Additionally, all portions of fines that are paid~~	31370
~~for a violation of section 4511.19 of the Revised Code or of any~~	31371
~~prohibition contained in Chapter 4510. of the Revised Code, and~~	31372
~~that are required under section 4511.19 or any provision of~~	31373
~~Chapter 4510. of the Revised Code to be deposited into a county~~	31374
~~indigent drivers alcohol treatment fund or municipal indigent~~	31375
~~drivers alcohol treatment fund shall be deposited into the~~	31376
~~appropriate fund in accordance with the applicable division of the~~	31377
~~section or provision.~~	31378

The treasurer of state or other appropriate official, as	31379
applicable, shall transfer the following into each county indigent	31380
drivers alcohol treatment fund, county juvenile indigent drivers	31381
alcohol treatment fund, or municipal indigent drivers alcohol	31382
treatment fund, as applicable:	31383

(a) All revenue the general assembly appropriates to the	31384
indigent drivers alcohol treatment fund for transfer into such a	31385
fund;	31386

(b) All portions of fees paid under division (F) of this	31387
section that, in accordance with division (H)(2) of this section,	31388
are credited to the indigent drivers alcohol treatment fund for	31389
deposit into such a fund;	31390

(c) All portions of additional costs imposed under section	31391
2949.094 of the Revised Code that are required to be deposited	31392
into such a fund;	31393

(d) All portions of fines that are required to be deposited	31394
into such a fund under section 4511.193 of the Revised Code;	31395

(e) All portions of fines paid under section 4511.19 of the	31396
Revised Code or Chapter 4510. of the Revised Code that are	31397
required to be paid into such a fund.	31398

(2) That portion of the license reinstatement fee that is	31399
paid under division (F) of this section and that is credited under	31400
that division to the indigent drivers alcohol treatment fund shall	31401
be deposited into a county indigent drivers alcohol treatment	31402
fund, a county juvenile indigent drivers alcohol treatment fund,	31403
or a municipal indigent drivers alcohol treatment fund as follows:	31404

(a) Regarding a suspension imposed under this section, that	31405
portion of the fee shall be deposited as follows:	31406

(i) If the fee is paid by a person who was charged in a	31407
county court with the violation that resulted in the suspension or	31408
in the imposition of the court costs, the portion shall be	31409
deposited into the county indigent drivers alcohol treatment fund	31410
under the control of that court;	31411

(ii) If the fee is paid by a person who was charged in a	31412
juvenile court with the violation that resulted in the suspension	31413
or in the imposition of the court costs, the portion shall be	31414
deposited into the county juvenile indigent drivers alcohol	31415
treatment fund established in the county served by the court;	31416

(iii) If the fee is paid by a person who was charged in a	31417
municipal court with the violation that resulted in the suspension	31418
or in the imposition of the court costs, the portion shall be	31419
deposited into the municipal indigent drivers alcohol treatment	31420
fund under the control of that court.	31421

(b) Regarding a suspension imposed under section 4511.19 of	31422
the Revised Code or under section 4510.07 of the Revised Code for	31423
a violation of a municipal OVI ordinance, that portion of the fee	31424
shall be deposited as follows:	31425

(i) If the fee is paid by a person whose license or permit	31426
was suspended by a county court, the portion shall be deposited	31427
into the county indigent drivers alcohol treatment fund under the	31428
control of that court;	31429

(ii) If the fee is paid by a person whose license or permit	31430
was suspended by a municipal court, the portion shall be deposited	31431
into the municipal indigent drivers alcohol treatment fund under	31432
the control of that court.	31433

(3) ~~Expenditures~~(a) As used in division (H)(3) of this	31434
section, "indigent person" means a person who is convicted of, or	31435
found to be a juvenile traffic offender by reason of, a violation	31436
of division (A) of section 4511.19 of the Revised Code or a	31437
substantially similar municipal ordinance, who is ordered by the	31438
court to attend an alcohol and drug addiction treatment program,	31439
and who is determined by the court under division (H)(5) of this	31440
section to be unable to pay the cost of the assessment or the cost	31441
of attendance at the treatment program.	31442

(b) A county, juvenile, or municipal court judge, by order,	31443
may make expenditures from a county indigent drivers alcohol	31444
treatment fund, a county juvenile indigent drivers alcohol	31445
treatment fund, or a municipal indigent drivers alcohol treatment	31446
fund ~~shall be made only upon the order of a county, juvenile, or~~	31447
~~municipal court judge and only for payment of the cost of an~~	31448
~~assessment or the cost of the attendance at an alcohol and drug~~	31449
~~addiction treatment program of a~~with respect to an indigent	31450
person ~~who is convicted of, or found to be a juvenile traffic~~	31451
~~offender by reason of, a violation of division (A) of section~~	31452
~~4511.19 of the Revised Code or a substantially similar municipal~~	31453
~~ordinance, who is ordered by the court to attend the alcohol and~~	31454
~~drug addiction treatment program, and who is determined by the~~	31455
~~court to be unable to pay the cost of the assessment or the cost~~	31456
~~of attendance at the treatment program or for payment of the costs~~	31457
~~specified in division (H)(4) of this section in accordance with~~	31458
~~that division. The~~for any of the following:	31459

(i) To pay the cost of an assessment that is conducted by an	31460
appropriately licensed clinician at either a driver intervention	31461
program that is certified under section 5119.38 of the Revised	31462
Code or at a community addiction services provider that is	31463
certified under section 5119.36 of the Revised Code;	31464

(ii) To pay the cost of alcohol addiction services, drug	31465
addiction services, or integrated alcohol and drug addiction	31466
services at a community addiction services provider that is	31467
certified under section 5119.36 of the Revised Code;	31468

(iii) To pay the cost of transportation to attend an	31469
assessment as provided under division (H)(3)(b)(i) of this section	31470
or addiction services as provided under division (H)(3)(b)(ii) of	31471
this section.	31472

The alcohol and drug addiction services board or the board of	31473
alcohol, drug addiction, and mental health services established	31474
pursuant to section 340.02 or 340.021 of the Revised Code and	31475
serving the alcohol, drug addiction, and mental health service	31476
district in which the court is located shall administer the	31477
indigent drivers alcohol treatment program of the court. When a	31478
court orders an offender or juvenile traffic offender to obtain an	31479
assessment or attend an alcohol and drug addiction treatment	31480
program, the board shall determine which program is suitable to	31481
meet the needs of the offender or juvenile traffic offender, and	31482
when a suitable program is located and space is available at the	31483
program, the offender or juvenile traffic offender shall attend	31484
the program designated by the board. A reasonable amount not to	31485
exceed five per cent of the amounts credited to and deposited into	31486
the county indigent drivers alcohol treatment fund, the county	31487
juvenile indigent drivers alcohol treatment fund, or the municipal	31488
indigent drivers alcohol treatment fund serving every court whose	31489
program is administered by that board shall be paid to the board	31490
to cover the costs it incurs in administering those indigent	31491
drivers alcohol treatment programs.	31492

~~In addition, upon~~(c) Upon exhaustion of moneys in the	31493
indigent drivers interlock and alcohol monitoring fund for the use	31494
of an alcohol monitoring device, a county, juvenile, or municipal	31495
court judge may use moneys in the county indigent drivers alcohol	31496
treatment fund, county juvenile indigent drivers alcohol treatment	31497
fund, or municipal indigent drivers alcohol treatment fund in	31498
either of the following manners:	31499

~~(a)~~(i) If the source of the moneys was an appropriation of	31500
the general assembly, a portion of a fee that was paid under	31501
division (F) of this section, a portion of a fine that was	31502
specified for deposit into the fund by section 4511.193 of the	31503
Revised Code, or a portion of a fine that was paid for a violation	31504
of section 4511.19 of the Revised Code or of a provision contained	31505
in Chapter 4510. of the Revised Code that was required to be	31506
deposited into the fund, to pay for the continued use of an	31507
alcohol monitoring device by an offender or juvenile traffic	31508
offender, in conjunction with a treatment program approved by the	31509
department of mental health and addiction services, when such use	31510
is determined clinically necessary by the treatment program and	31511
when the court determines that the offender or juvenile traffic	31512
offender is unable to pay all or part of the daily monitoring or	31513
cost of the device;	31514

~~(b)~~(ii) If the source of the moneys was a portion of an	31515
additional court cost imposed under section 2949.094 of the	31516
Revised Code, to pay for the continued use of an alcohol	31517
monitoring device by an offender or juvenile traffic offender when	31518
the court determines that the offender or juvenile traffic	31519
offender is unable to pay all or part of the daily monitoring or	31520
cost of the device. The moneys may be used for a device as	31521
described in this division if the use of the device is in	31522
conjunction with a treatment program approved by the department of	31523
mental health and addiction services, when the use of the device	31524
is determined clinically necessary by the treatment program, but	31525
the use of a device is not required to be in conjunction with a	31526
treatment program approved by the department in order for the	31527
moneys to be used for the device as described in this division.	31528

(4) If a county, juvenile, or municipal court determines, in	31529
consultation with the alcohol and drug addiction services board or	31530
the board of alcohol, drug addiction, and mental health services	31531
established pursuant to section 340.02 or 340.021 of the Revised	31532
Code and serving the alcohol, drug addiction, and mental health	31533
district in which the court is located, that the funds in the	31534
county indigent drivers alcohol treatment fund, the county	31535
juvenile indigent drivers alcohol treatment fund, or the municipal	31536
indigent drivers alcohol treatment fund under the control of the	31537
court are more than sufficient to satisfy the purpose for which	31538
the fund was established, as specified in divisions (H)(1) to (3)	31539
of this section, the court may declare a surplus in the fund. If	31540
the court declares a surplus in the fund, the court may ~~expend~~	31541
take any of the following actions with regard to the amount of the	31542
surplus in the fund ~~for~~:	31543

(a) ~~Alcohol~~Expend any of the surplus amount for alcohol and	31544
drug abuse assessment and treatment, and for the cost of	31545
transportation related to assessment and treatment, of persons who	31546
are charged in the court with committing a criminal offense or	31547
with being a delinquent child or juvenile traffic offender and in	31548
relation to whom both of the following apply:	31549

(i) The court determines that substance abuse was a	31550
contributing factor leading to the criminal or delinquent activity	31551
or the juvenile traffic offense with which the person is charged.	31552

(ii) The court determines that the person is unable to pay	31553
the cost of the alcohol and drug abuse assessment and treatment	31554
for which the surplus money will be used.	31555

(b) ~~All~~Expend any of the surplus amount to pay all or part	31556
of the cost of purchasing alcohol monitoring devices to be used in	31557
conjunction with division (H)(3)(c) of this section, upon	31558
exhaustion of moneys in the indigent drivers interlock and alcohol	31559
monitoring fund for the use of an alcohol monitoring device.	31560

(c) Transfer to another court in the same county any of the	31561
surplus amount to be utilized in a manner consistent with division	31562
(H)(3) of this section. If surplus funds are transferred to	31563
another court, the court that transfers the funds shall notify the	31564
alcohol and drug addiction services board or the board of alcohol,	31565
drug addiction, and mental health services that serves the	31566
alcohol, drug addiction, and mental health service district in	31567
which that court is located.	31568

(d) Transfer to the alcohol and drug addiction services board	31569
or the board of alcohol, drug addiction, and mental health	31570
services that serves the alcohol, drug addiction, and mental	31571
health service district in which the court is located any of the	31572
surplus amount to be utilized in a manner consistent with division	31573
(H)(3) of this section or for board contracted recovery support	31574
services.	31575

(5) ~~For the purpose of determining as described in division~~	31576
~~(F)(2)(c) of this section whether~~In order to determine if an	31577
offender does not have the means to pay for the offender's	31578
attendance at an alcohol and drug addiction treatment program for	31579
purposes of division (H)(3) of this section or ~~whether~~if an	31580
alleged offender or delinquent child is unable to pay the costs	31581
specified in division (H)(4) of this section, the court shall use	31582
the indigent client eligibility guidelines and the standards of	31583
indigency established by the state public defender to make the	31584
determination.	31585

(6) The court shall identify and refer any community	31586
addiction services provider that is not certified under section	31587
5119.36 of the Revised Code and that is interested in receiving	31588
amounts from the surplus in the fund declared under division	31589
(H)(4) of this section to the department of mental health and	31590
addiction services in order for the services provider to become a	31591
certified community addiction services provider. The department	31592
shall keep a record of applicant referrals received pursuant to	31593
this division and shall submit a report on the referrals each year	31594
to the general assembly. If a services provider interested in	31595
becoming certified makes an application to become certified	31596
pursuant to section 5119.36 of the Revised Code, the services	31597
provider is eligible to receive surplus funds as long as the	31598
application is pending with the department. The department of	31599
mental health and addiction services must offer technical	31600
assistance to the applicant. If the interested services provider	31601
withdraws the certification application, the department must	31602
notify the court, and the court shall not provide the interested	31603
services provider with any further surplus funds.	31604

(7)(a) Each alcohol and drug addiction services board and	31605
board of alcohol, drug addiction, and mental health services	31606
established pursuant to section 340.02 or 340.021 of the Revised	31607
Code shall submit to the department of mental health and addiction	31608
services an annual report for each indigent drivers alcohol	31609
treatment fund in that board's area.	31610

(b) The report, which shall be submitted not later than sixty	31611
days after the end of the state fiscal year, shall provide the	31612
total payment that was made from the fund, including the number of	31613
indigent consumers that received treatment services and the number	31614
of indigent consumers that received an alcohol monitoring device.	31615
The report shall identify the treatment program and expenditure	31616
for an alcohol monitoring device for which that payment was made.	31617
The report shall include the fiscal year balance of each indigent	31618
drivers alcohol treatment fund located in that board's area. In	31619
the event that a surplus is declared in the fund pursuant to	31620
division (H)(4) of this section, the report also shall provide the	31621
total payment that was made from the surplus moneys and identify	31622
the ~~treatment program and expenditure for an alcohol monitoring~~	31623
~~device~~authorized purpose for which that payment was made.	31624

(c) If a board is unable to obtain adequate information to	31625
develop the report to submit to the department for a particular	31626
indigent drivers alcohol treatment fund, the board shall submit a	31627
report detailing the effort made in obtaining the information.	31628

(I)(1) Each county shall establish an indigent drivers	31629
interlock and alcohol monitoring fund and a juvenile indigent	31630
drivers interlock and alcohol treatment fund~~, and each~~. Each	31631
municipal corporation in which there is a municipal court shall	31632
establish an indigent drivers interlock and alcohol monitoring	31633
fund. ~~All revenue that the general assembly appropriates to the~~	31634
~~indigent drivers interlock and alcohol monitoring fund for~~	31635
~~transfer to a county indigent drivers interlock and alcohol~~	31636
~~monitoring fund, a county juvenile indigent drivers interlock and~~	31637
~~alcohol monitoring fund, or a municipal indigent drivers interlock~~	31638
~~and alcohol monitoring fund, all portions of license reinstatement~~	31639
~~fees that are paid under division (F)(2) of this section and that~~	31640
~~are credited under that division to the indigent drivers interlock~~	31641
~~and alcohol monitoring fund in the state treasury, and all~~	31642
~~portions of fines that are paid under division (G) of section~~	31643
~~4511.19 of the Revised Code and that are credited by division~~	31644
~~(G)(5)(e) of that section to the indigent drivers interlock and~~	31645
~~alcohol monitoring fund in the state treasury shall be deposited~~	31646
~~in the appropriate fund in accordance with division (I)(2) of this~~	31647
~~section.~~	31648

The treasurer of state shall transfer the following into each	31649
county indigent drivers interlock and alcohol monitoring fund,	31650
county juvenile indigent drivers interlock and alcohol monitoring	31651
fund, or municipal indigent drivers interlock and alcohol	31652
monitoring fund, as applicable:	31653

(a) All revenue the general assembly appropriates to the	31654
indigent drivers interlock and alcohol monitoring fund for	31655
transfer into such a fund;	31656

(b) All portions of license reinstatement fees paid under	31657
division (F)(2) of this section that, in accordance with division	31658
(I)(2) of this section, are credited to the indigent drivers	31659
interlock and alcohol monitoring fund for deposit into a such	31660
fund;	31661

(c) All portions of fines that are paid under division (G) of	31662
section 4511.19 of the Revised Code and are credited by division	31663
(G)(5)(e) of that section to the indigent drivers interlock and	31664
alcohol monitoring fund for deposit into such a fund in accordance	31665
with division (I)(2) of this section.	31666

(2) That portion of the license reinstatement fee that is	31667
paid under division (F) of this section and that portion of the	31668
fine paid under division (G) of section 4511.19 of the Revised	31669
Code and that is credited under either division to the indigent	31670
drivers interlock and alcohol monitoring fund shall be deposited	31671
into a county indigent drivers interlock and alcohol monitoring	31672
fund, a county juvenile indigent drivers interlock and alcohol	31673
monitoring fund, or a municipal indigent drivers interlock and	31674
alcohol monitoring fund as follows:	31675

(a) If the fee or fine is paid by a person who was charged in	31676
a county court with the violation that resulted in the suspension	31677
or fine, the portion shall be deposited into the county indigent	31678
drivers interlock and alcohol monitoring fund under the control of	31679
that court.	31680

(b) If the fee or fine is paid by a person who was charged in	31681
a juvenile court with the violation that resulted in the	31682
suspension or fine, the portion shall be deposited into the county	31683
juvenile indigent drivers interlock and alcohol monitoring fund	31684
established in the county served by the court.	31685

(c) If the fee or fine is paid by a person who was charged in	31686
a municipal court with the violation that resulted in the	31687
suspension, the portion shall be deposited into the municipal	31688
indigent drivers interlock and alcohol monitoring fund under the	31689
control of that court.	31690

(3) If a county, juvenile, or municipal court determines that	31691
the funds in the county indigent drivers interlock and alcohol	31692
monitoring fund, the county juvenile indigent drivers interlock	31693
and alcohol monitoring fund, or the municipal indigent drivers	31694
interlock and alcohol monitoring fund under the control of that	31695
court are more than sufficient to satisfy the purpose for which	31696
the fund was established as specified in division (F)(2)(h) of	31697
this section, the court may declare a surplus in the fund. The	31698
court then may order the transfer of a specified amount into the	31699
county indigent drivers alcohol treatment fund, the county	31700
juvenile indigent drivers alcohol treatment fund, or the municipal	31701
indigent drivers alcohol treatment fund under the control of that	31702
court to be utilized in accordance with division (H) of this	31703
section.	31704

Sec. 4729.03. The state board of pharmacy shall organize by	31705
electing a president and a vice-president who are members of the	31706
board. The president shall preside over the meetings of the board,	31707
but shall not vote upon matters determined by the board, except in	31708
the event of a tie vote, in which case the president shall vote.	31709
The board shall also employ an executive director ~~who is a~~	31710
~~licensed pharmacist in good standing in the practice of pharmacy~~	31711
~~in this state~~. The person employed shall not be a member of the	31712
board. Each of the officers elected shall serve for a term of one	31713
year. The members of the board shall receive an amount fixed	31714
pursuant to division (J) of section 124.15 of the Revised Code for	31715
each day employed in the discharge of their official duties and	31716
their necessary expenses while engaged therein.	31717

Sec. 4729.12. An identification card issued by the state	31718
board of pharmacy under section 4729.08 of the Revised Code	31719
entitles the individual to whom it is issued to practice as a	31720
pharmacist or as a pharmacy intern in this state until the next	31721
annual renewal date.	31722

Identification cards shall be renewed annually on the	31723
fifteenth day of September, according to the standard renewal	31724
procedure of Chapter 4745. of the Revised Code.	31725

Each pharmacist and pharmacy intern shall carry the	31726
identification card or renewal identification card while engaged	31727
in the practice of pharmacy. The license shall be conspicuously	31728
exposed at the principal place where the pharmacist or pharmacy	31729
intern practices pharmacy.	31730

A pharmacist or pharmacy intern who desires to continue in	31731
the practice of pharmacy shall file with the board an application	31732
in such form and containing such data as the board may require for	31733
renewal of an identification card. An application filed under this	31734
section may not be withdrawn without the approval of the board. If	31735
the board finds that the applicant's card has not been revoked or	31736
placed under suspension and that the applicant has paid the	31737
renewal fee, has continued pharmacy education in accordance with	31738
the rules of the board, and is entitled to continue in the	31739
practice of pharmacy, the board shall issue a renewal	31740
identification card to the applicant.	31741

When an identification card has lapsed for more than sixty	31742
days but application is made within three years after the	31743
expiration of the card, the applicant shall be issued a renewal	31744
identification card without further examination if the applicant	31745
meets the requirements of this section and pays the fee designated	31746
under division ~~(E)~~(A)(5) of section 4729.15 of the Revised Code.	31747

Sec. 4729.13. A pharmacist who fails to make application to	31748
the state board of pharmacy for a renewal identification card	31749
within a period of three years from the expiration of the	31750
identification card must pass an examination for registration;	31751
except that a pharmacist whose registration has expired, but who	31752
has continually practiced pharmacy in another state under a	31753
license issued by the authority of that state, may obtain a	31754
renewal identification card upon payment to the executive director	31755
of the board the fee designated under division ~~(F)~~(A)(6) of	31756
section 4729.15 of the Revised Code.	31757

Sec. 4729.15. ~~The~~(A) Except as provided in division (B) of	31758
this section, the state board of pharmacy shall charge the	31759
following fees:	31760

~~(A)~~(1) For applying for a license to practice as a	31761
pharmacist, an amount adequate to cover all rentals, compensation	31762
for proctors, and other expenses of the board related to	31763
examination except the expenses of procuring and grading the	31764
examination, which fee shall not be returned if the applicant	31765
fails to pass the examination;	31766

~~(B)~~(2) For the examination of an applicant for licensure as a	31767
pharmacist, an amount adequate to cover any expenses to the board	31768
of procuring and grading the examination or any part thereof,	31769
which fee shall not be returned if the applicant fails to pass the	31770
examination;	31771

~~(C)~~(3) For issuing a license and an identification card to an	31772
individual who passes the examination described in section 4729.07	31773
of the Revised Code, an amount that is adequate to cover the	31774
expense;	31775

~~(D)~~(4) For a pharmacist applying for renewal of an	31776
identification card within sixty days after the expiration date,	31777
ninety-seven dollars and fifty cents, which fee shall not be	31778
returned if the applicant fails to qualify for renewal;	31779

~~(E)~~(5) For a pharmacist applying for renewal of an	31780
identification card that has lapsed for more than sixty days, but	31781
for less than three years, one hundred thirty-five dollars, which	31782
fee shall not be returned if the applicant fails to qualify for	31783
renewal;	31784

~~(F)~~(6) For a pharmacist applying for renewal of an	31785
identification card that has lapsed for more than three years,	31786
three hundred thirty-seven dollars and fifty cents, which fee	31787
shall not be returned if the applicant fails to qualify for	31788
renewal;	31789

~~(G)~~(7) For a pharmacist applying for a license and	31790
identification card, on presentation of a pharmacist license	31791
granted by another state, three hundred thirty-seven dollars and	31792
fifty cents, which fee shall not be returned if the applicant	31793
fails to qualify for licensure.	31794

~~(H)~~(8) For a license and identification card to practice as a	31795
pharmacy intern, twenty-two dollars and fifty cents, which fee	31796
shall not be returned if the applicant fails to qualify for	31797
licensure;	31798

~~(I)~~(9) For the renewal of a pharmacy intern identification	31799
card, twenty-two dollars and fifty cents, which fee shall not be	31800
returned if the applicant fails to qualify for renewal;	31801

~~(J)~~(10) For issuing a replacement license to a pharmacist,	31802
twenty-two dollars and fifty cents;	31803

~~(K)~~(11) For issuing a replacement license to a pharmacy	31804
intern, seven dollars and fifty cents;	31805

~~(L)~~(12) For issuing a replacement identification card to a	31806
pharmacist, thirty-seven dollars and fifty cents, or pharmacy	31807
intern, seven dollars and fifty cents;	31808

~~(M)~~(13) For certifying licensure and grades for reciprocal	31809
licensure, ten dollars;	31810

~~(N)~~(14) For making copies of any application, affidavit, or	31811
other document filed in the state board of pharmacy office, an	31812
amount fixed by the board that is adequate to cover the expense,	31813
except that for copies required by federal or state agencies or	31814
law enforcement officers for official purposes, no charge need be	31815
made;	31816

~~(O)~~(15) For certifying and affixing the seal of the board, an	31817
amount fixed by the board that is adequate to cover the expense,	31818
except that for certifying and affixing the seal of the board to a	31819
document required by federal or state agencies or law enforcement	31820
officers for official purposes, no charge need be made;	31821

~~(P)~~(16) For each copy of a book or pamphlet that includes	31822
laws administered by the state board of pharmacy, rules adopted by	31823
the board, and chapters of the Revised Code with which the board	31824
is required to comply, an amount fixed by the board that is	31825
adequate to cover the expense of publishing and furnishing the	31826
book or pamphlet.	31827

(B)(1) Subject to division (B)(2) of this section, the fees	31828
described in divisions (A)(1) to (13) of this section do not apply	31829
to an individual who is on active duty in the armed forces of the	31830
United States or to an individual who served in the armed forces	31831
of the United States and presents a valid copy of the individual's	31832
DD-214 form or an equivalent document issued by the United States	31833
department of defense indicating that the individual is an	31834
honorably discharged veteran.	31835

(2) The state board of pharmacy may establish limits with	31836
respect to the individuals for whom fees are not applicable under	31837
division (B)(1) of this section.	31838

Sec. 4729.54. (A) As used in this section and section	31839
4729.541 of the Revised Code:	31840

(1) "Category I" means single-dose injections of intravenous	31841
fluids, including saline, Ringer's lactate, five per cent dextrose	31842
and distilled water, and other intravenous fluids or parenteral	31843
solutions included in this category by rule of the state board of	31844
pharmacy, that have a volume of one hundred milliliters or more	31845
and that contain no added substances, or single-dose injections of	31846
epinephrine to be administered pursuant to sections 4765.38 and	31847
4765.39 of the Revised Code.	31848

(2) "Category II" means any dangerous drug that is not	31849
included in category I or III.	31850

(3) "Category III" means any controlled substance that is	31851
contained in schedule I, II, III, IV, or V.	31852

(4) "Emergency medical service organization" has the same	31853
meaning as in section 4765.01 of the Revised Code.	31854

(5) "Person" includes an emergency medical service	31855
organization.	31856

(6) "Schedule I, schedule II, schedule III, schedule IV, and	31857
schedule V" mean controlled substance schedules I, II, III, IV,	31858
and V, respectively, as established pursuant to section 3719.41 of	31859
the Revised Code and as amended.	31860

(B)(1) A person who desires to be licensed as a terminal	31861
distributor of dangerous drugs shall file with the executive	31862
director of the state board of pharmacy a verified application.	31863
After it is filed, the application may not be withdrawn without	31864
approval of the board.	31865

(2) An application shall contain all the following that apply	31866
in the applicant's case:	31867

(a) Information that the board requires relative to the	31868
qualifications of a terminal distributor of dangerous drugs set	31869
forth in section 4729.55 of the Revised Code;	31870

(b) A statement that the person wishes to be licensed as a	31871
category I, category II, category III, limited category I, limited	31872
category II, or limited category III terminal distributor of	31873
dangerous drugs;	31874

(c) If the person wishes to be licensed as a limited category	31875
I, limited category II, or limited category III terminal	31876
distributor of dangerous drugs, a notarized list of the dangerous	31877
drugs that the person wishes to possess, have custody or control	31878
of, and distribute, which list shall also specify the purpose for	31879
which those drugs will be used and their source;	31880

(d) If the person is an emergency medical service	31881
organization, the information that is specified in division (C)(1)	31882
of this section;	31883

(e) Except for an emergency medical service organization, the	31884
identity of the one establishment or place at which the person	31885
intends to engage in the sale or other distribution of dangerous	31886
drugs at retail, and maintain possession, custody, or control of	31887
dangerous drugs for purposes other than the person's own use or	31888
consumption;	31889

(f) If the application pertains to a pain management clinic,	31890
information that demonstrates, to the satisfaction of the board,	31891
compliance with division (A) of section 4729.552 of the Revised	31892
Code.	31893

(C)(1) An emergency medical service organization that wishes	31894
to be licensed as a terminal distributor of dangerous drugs shall	31895
list in its application for licensure the following additional	31896
information:	31897

(a) The units under its control that the organization	31898
determines will possess dangerous drugs for the purpose of	31899
administering emergency medical services in accordance with	31900
Chapter 4765. of the Revised Code;	31901

(b) With respect to each such unit, whether the dangerous	31902
drugs that the organization determines the unit will possess are	31903
in category I, II, or III.	31904

(2) An emergency medical service organization that is	31905
licensed as a terminal distributor of dangerous drugs shall file a	31906
new application for such licensure if there is any change in the	31907
number, or location of, any of its units or any change in the	31908
category of the dangerous drugs that any unit will possess.	31909

(3) A unit listed in an application for licensure pursuant to	31910
division (C)(1) of this section may obtain the dangerous drugs it	31911
is authorized to possess from its emergency medical service	31912
organization or, on a replacement basis, from a hospital pharmacy.	31913
If units will obtain dangerous drugs from a hospital pharmacy, the	31914
organization shall file, and maintain in current form, the	31915
following items with the pharmacist who is responsible for the	31916
hospital's terminal distributor of dangerous drugs license:	31917

(a) A copy of its standing orders or protocol;

31918

(b) A list of the personnel employed or used by the	31919
organization to provide emergency medical services in accordance	31920
with Chapter 4765. of the Revised Code, who are authorized to	31921
possess the drugs, which list also shall indicate the personnel	31922
who are authorized to administer the drugs.	31923

(D) Each emergency medical service organization that applies	31924
for a terminal distributor of dangerous drugs license shall submit	31925
with its application the following:	31926

(1) A notarized copy of its standing orders or protocol,	31927
which orders or protocol shall be signed by a physician and	31928
specify the dangerous drugs that its units may carry, expressed in	31929
standard dose units;	31930

(2) A list of the personnel employed or used by the	31931
organization to provide emergency medical services in accordance	31932
with Chapter 4765. of the Revised Code.	31933

An emergency medical service organization that is licensed as	31934
a terminal distributor shall notify the board immediately of any	31935
changes in its standing orders or protocol.	31936

(E) There shall be six categories of terminal distributor of	31937
dangerous drugs licenses, which categories shall be as follows:	31938

(1) Category I license. A person who obtains this license may	31939
possess, have custody or control of, and distribute only the	31940
dangerous drugs described in category I.	31941

(2) Limited category I license. A person who obtains this	31942
license may possess, have custody or control of, and distribute	31943
only the dangerous drugs described in category I that were listed	31944
in the application for licensure.	31945

(3) Category II license. A person who obtains this license	31946
may possess, have custody or control of, and distribute only the	31947
dangerous drugs described in category I and category II.	31948

(4) Limited category II license. A person who obtains this	31949
license may possess, have custody or control of, and distribute	31950
only the dangerous drugs described in category I or category II	31951
that were listed in the application for licensure.	31952

(5) Category III license, which may include a pain management	31953
clinic classification issued under section 4729.552 of the Revised	31954
Code. A person who obtains this license may possess, have custody	31955
or control of, and distribute the dangerous drugs described in	31956
category I, category II, and category III. If the license includes	31957
a pain management clinic classification, the person may operate a	31958
pain management clinic.	31959

(6) Limited category III license. A person who obtains this	31960
license may possess, have custody or control of, and distribute	31961
only the dangerous drugs described in category I, category II, or	31962
category III that were listed in the application for licensure.	31963

(F) Except for an application made on behalf of an animal	31964
shelter, if an applicant for licensure as a limited category I,	31965
II, or III terminal distributor of dangerous drugs intends to	31966
administer dangerous drugs to a person or animal, the applicant	31967
shall submit, with the application, a notarized copy of its	31968
protocol or standing orders, which protocol or orders shall be	31969
signed by a licensed health professional authorized to prescribe	31970
drugs, specify the dangerous drugs to be administered, and list	31971
personnel who are authorized to administer the dangerous drugs in	31972
accordance with federal law or the law of this state. An	31973
application made on behalf of an animal shelter shall include a	31974
notarized list of the dangerous drugs to be administered to	31975
animals and the personnel who are authorized to administer the	31976
drugs to animals in accordance with section 4729.532 of the	31977
Revised Code. After obtaining a terminal distributor license, a	31978
licensee shall notify the board immediately of any changes in its	31979
protocol or standing orders, or in such personnel.	31980

(G)(1) Except as provided in division (G)(2) of this section,	31981
each applicant for licensure as a terminal distributor of	31982
dangerous drugs shall submit, with the application, a license fee	31983
determined as follows:	31984

(a) For a category I or limited category I license,	31985
forty-five dollars;	31986

(b) For a category II or limited category II license, one	31987
hundred twelve dollars and fifty cents;	31988

(c) For a category III license, including a license with a	31989
pain management clinic classification issued under section	31990
4729.552 of the Revised Code, or a limited category III license,	31991
one hundred fifty dollars.	31992

(2) For a professional association, corporation, partnership,	31993
or limited liability company organized for the purpose of	31994
practicing veterinary medicine, the fee shall be forty dollars.	31995

(3) Fees assessed under divisions (G)(1) and (2) of this	31996
section shall not be returned if the applicant fails to qualify	31997
for registration.	31998

(H)(1) The board shall issue a terminal distributor of	31999
dangerous drugs license to each person who submits an application	32000
for such licensure in accordance with this section, pays the	32001
required license fee, is determined by the board to meet the	32002
requirements set forth in section 4729.55 of the Revised Code, and	32003
satisfies any other applicable requirements of this section.	32004

(2) The license of a person other than an emergency medical	32005
service organization shall describe the one establishment or place	32006
at which the licensee may engage in the sale or other distribution	32007
of dangerous drugs at retail and maintain possession, custody, or	32008
control of dangerous drugs for purposes other than the licensee's	32009
own use or consumption. The one establishment or place shall be	32010
that which is described in the application for licensure.	32011

No such license shall authorize or permit the terminal	32012
distributor of dangerous drugs named in it to engage in the sale	32013
or other distribution of dangerous drugs at retail or to maintain	32014
possession, custody, or control of dangerous drugs for any purpose	32015
other than the distributor's own use or consumption, at any	32016
establishment or place other than that described in the license,	32017
except that an agent or employee of an animal shelter may possess	32018
and use dangerous drugs in the course of business as provided in	32019
division (D) of section 4729.532 of the Revised Code.	32020

(3) The license of an emergency medical service organization	32021
shall cover and describe all the units of the organization listed	32022
in its application for licensure.	32023

(4) The license of every terminal distributor of dangerous	32024
drugs shall indicate, on its face, the category of licensure. If	32025
the license is a limited category I, II, or III license, it shall	32026
specify, and shall authorize the licensee to possess, have custody	32027
or control of, and distribute only, the dangerous drugs that were	32028
listed in the application for licensure.	32029

(I) All licenses issued pursuant to this section shall be	32030
effective for a period of twelve months from the first day of	32031
~~January~~April of each year. A license shall be renewed by the	32032
board for a like period, annually, according to the provisions of	32033
this section, and the standard renewal procedure of Chapter 4745.	32034
of the Revised Code. A person who desires to renew a license shall	32035
submit an application for renewal and pay the required fee on or	32036
before the thirty-first day of ~~December~~March each year. The fee	32037
required for the renewal of a license shall be the same as the fee	32038
paid for the license being renewed, and shall accompany the	32039
application for renewal.	32040

A license that has not been renewed during ~~December~~March in	32041
any year and by the first day of ~~February~~May of the ~~following~~	32042
same year may be reinstated only upon payment of the required	32043
renewal fee and a penalty fee of fifty-five dollars.	32044

(J)(1) No emergency medical service organization that is	32045
licensed as a terminal distributor of dangerous drugs shall fail	32046
to comply with division (C)(2) or (3) of this section.	32047

(2) No emergency medical service organization that is	32048
licensed as a terminal distributor of dangerous drugs shall fail	32049
to comply with division (D) of this section.	32050

(3) No licensed terminal distributor of dangerous drugs shall	32051
possess, have custody or control of, or distribute dangerous drugs	32052
that the terminal distributor is not entitled to possess, have	32053
custody or control of, or distribute by virtue of its category of	32054
licensure.	32055

(4) No licensee that is required by division (F) of this	32056
section to notify the board of changes in its protocol or standing	32057
orders, or in personnel, shall fail to comply with that division.	32058

Sec. 4729.80. (A) If the state board of pharmacy establishes	32059
and maintains a drug database pursuant to section 4729.75 of the	32060
Revised Code, the board is authorized or required to provide	32061
information from the database in accordance with the following:	32062

(1) On receipt of a request from a designated representative	32063
of a government entity responsible for the licensure, regulation,	32064
or discipline of health care professionals with authority to	32065
prescribe, administer, or dispense drugs, the board may provide to	32066
the representative information from the database relating to the	32067
professional who is the subject of an active investigation being	32068
conducted by the government entity.	32069

(2) On receipt of a request from a federal officer, or a	32070
state or local officer of this or any other state, whose duties	32071
include enforcing laws relating to drugs, the board shall provide	32072
to the officer information from the database relating to the	32073
person who is the subject of an active investigation of a drug	32074
abuse offense, as defined in section 2925.01 of the Revised Code,	32075
being conducted by the officer's employing government entity.	32076

(3) Pursuant to a subpoena issued by a grand jury, the board	32077
shall provide to the grand jury information from the database	32078
relating to the person who is the subject of an investigation	32079
being conducted by the grand jury.	32080

(4) Pursuant to a subpoena, search warrant, or court order in	32081
connection with the investigation or prosecution of a possible or	32082
alleged criminal offense, the board shall provide information from	32083
the database as necessary to comply with the subpoena, search	32084
warrant, or court order.	32085

(5) On receipt of a request from a prescriber or the	32086
prescriber's delegate approved by the board, the board ~~may~~shall	32087
provide to the prescriber information from the database relating	32088
to a patient who is either of the following, if the prescriber	32089
certifies in a form specified by the board that it is for the	32090
purpose of providing medical treatment to the patient who is the	32091
subject of the request:	32092

(a) A current patient of the prescriber;

32093

(b) A potential patient of the prescriber based on a referral	32094
of the patient to the prescriber.	32095

(6) On receipt of a request from a pharmacist or the	32096
pharmacist's delegate approved by the board, the board ~~may~~shall	32097
provide to the pharmacist information from the database relating	32098
to a current patient of the pharmacist, if the pharmacist	32099
certifies in a form specified by the board that it is for the	32100
purpose of the pharmacist's practice of pharmacy involving the	32101
patient who is the subject of the request.	32102

(7) On receipt of a request from an individual seeking the	32103
individual's own database information in accordance with the	32104
procedure established in rules adopted under section 4729.84 of	32105
the Revised Code, the board may provide to the individual the	32106
individual's own database information.	32107

(8) On receipt of a request from the medical director of a	32108
managed care organization that has entered into a data security	32109
agreement with the board required by section 5167.14 of the	32110
Revised Code, the board shall provide to the medical director	32111
information from the database relating to a medicaid recipient	32112
enrolled in the managed care organization, including information	32113
in the database related to prescriptions for the recipient that	32114
were not covered or reimbursed under a program administered by the	32115
department of medicaid.	32116

(9) On receipt of a request from the medicaid director, the	32117
board shall provide to the director information from the database	32118
relating to a recipient of a program administered by the	32119
department of medicaid, including information in the database	32120
related to prescriptions for the recipient that were not covered	32121
or paid by a program administered by the department.	32122

(10) On receipt of a request from the medical director of a	32123
managed care organization that has entered into a data security	32124
agreement with the board required by section 4121.447 of the	32125
Revised Code, the board shall provide to the medical director	32126
information from the database relating to a claimant under Chapter	32127
4121., 4123., 4127., or 4131. of the Revised Code assigned to the	32128
managed care organization, including information in the database	32129
related to prescriptions for the claimant that were not covered or	32130
reimbursed under Chapter 4121., 4123., 4127., or 4131. of the	32131
Revised Code.	32132

(11) On receipt of a request from the administrator of	32133
workers' compensation, the board ~~may~~shall provide to the	32134
administrator information from the database relating to a claimant	32135
under Chapter 4121., 4123., 4127., or 4131. of the Revised Code,	32136
including information in the database related to prescriptions for	32137
the claimant that were not covered or reimbursed under Chapter	32138
4121., 4123., 4127., or 4131. of the Revised Code.	32139

~~(11)~~(12) On receipt of a request from a requestor described	32140
in division (A)(1), (2), (5), or (6) of this section who is from	32141
or participating with another state's prescription monitoring	32142
program, the board may provide to the requestor information from	32143
the database, but only if there is a written agreement under which	32144
the information is to be used and disseminated according to the	32145
laws of this state.	32146

(B) The state board of pharmacy shall maintain a record of	32147
each individual or entity that requests information from the	32148
database pursuant to this section. In accordance with rules	32149
adopted under section 4729.84 of the Revised Code, the board may	32150
use the records to document and report statistics and law	32151
enforcement outcomes.	32152

The board may provide records of an individual's requests for	32153
database information to the following:	32154

(1) A designated representative of a government entity that	32155
is responsible for the licensure, regulation, or discipline of	32156
health care professionals with authority to prescribe, administer,	32157
or dispense drugs who is involved in an active investigation being	32158
conducted by the government entity of the individual who submitted	32159
the requests for database information;	32160

(2) A federal officer, or a state or local officer of this or	32161
any other state, whose duties include enforcing laws relating to	32162
drugs and who is involved in an active investigation being	32163
conducted by the officer's employing government entity of the	32164
individual who submitted the requests for database information.	32165

(C) Information contained in the database and any information	32166
obtained from it is not a public record. Information contained in	32167
the records of requests for information from the database is not a	32168
public record. Information that does not identify a person may be	32169
released in summary, statistical, or aggregate form.	32170

(D) A pharmacist or prescriber shall not be held liable in	32171
damages to any person in any civil action for injury, death, or	32172
loss to person or property on the basis that the pharmacist or	32173
prescriber did or did not seek or obtain information from the	32174
database.	32175

Sec. 4729.83. (A) If the state board of pharmacy establishes	32176
and maintains a drug database pursuant to section 4729.75 of the	32177
Revised Code, the board ~~shall not impose any charge on a terminal~~	32178
~~distributor of dangerous drugs, pharmacist, or prescriber for the~~	32179
~~establishment or maintenance of the database. The board~~ shall not	32180
charge any fees for the transmission of data to the database or	32181
for the receipt of information from the database, except that the	32182
board may charge a fee in accordance with rules adopted under	32183
section 4729.84 of the Revised Code to an individual who requests	32184
the individual's own database information under section 4729.80 of	32185
the Revised Code.	32186

(B) The board may accept grants, gifts, or donations for	32187
purposes of the drug database. Any money received shall be	32188
deposited into the state treasury to the credit of the drug	32189
database fund, which is hereby created. Money in the fund shall be	32190
used solely for purposes of the drug database.	32191

Sec. 4729.86. If the state board of pharmacy establishes and	32192
maintains a drug database pursuant to section 4729.75 of the	32193
Revised Code, all of the following apply:	32194

(A)(1) No person identified in divisions (A)(1) to ~~(10)~~(11)	32195
or (B) of section 4729.80 of the Revised Code shall disseminate	32196
any written or electronic information the person receives from the	32197
drug database or otherwise provide another person access to the	32198
information that the person receives from the database, except as	32199
follows:	32200

(a) When necessary in the investigation or prosecution of a	32201
possible or alleged criminal offense;	32202

(b) When a person provides the information to the prescriber	32203
or pharmacist for whom the person is approved by the board to	32204
serve as a delegate of the prescriber or pharmacist for purposes	32205
of requesting and receiving information from the drug database	32206
under division (A)(5) or (6) of section 4729.80 of the Revised	32207
Code;	32208

(c) When a prescriber or pharmacist provides the information	32209
to a person who is approved by the board to serve as such a	32210
delegate of the prescriber or pharmacist.	32211

(2) No person shall provide false information to the state	32212
board of pharmacy with the intent to obtain or alter information	32213
contained in the drug database.	32214

(3) No person shall obtain drug database information by any	32215
means except as provided under section 4729.80 or 4729.81 of the	32216
Revised Code.	32217

(B) A person shall not use information obtained pursuant to	32218
division (A) of section 4729.80 of the Revised Code as evidence in	32219
any civil or administrative proceeding.	32220

(C)(1) The board may restrict a person from obtaining further	32221
information from the drug database if any of the following is the	32222
case:	32223

(a) The person violates division (A)(1), (2), or (3) of this	32224
section;	32225

(b) The person is a requestor identified in division	32226
(A)~~(11)~~(12) of section 4729.80 of the Revised Code and the board	32227
determines that the person's actions in another state would have	32228
constituted a violation of division (A)(1), (2), or (3) of this	32229
section;	32230

(c) The person fails to comply with division (B) of this	32231
section, regardless of the jurisdiction in which the failure to	32232
comply occurred.	32233

(2) The board shall determine the extent to which the person	32234
is restricted from obtaining further information from the	32235
database.	32236

Sec. 4731.36. (A) Sections 4731.01 to 4731.47 of the Revised	32237
Code shall not prohibit service in case of emergency, domestic	32238
administration of family remedies, or provision of assistance to	32239
another individual who is self-administering drugs.	32240

Sections 4731.01 to 4731.47 of the Revised Code shall not	32241
apply to any of the following:	32242

(1) A commissioned medical officer of the armed forces of the	32243
United States ~~armed forces, as defined in section 5903.11 of the~~	32244
~~Revised Code,~~ or an employee of the veterans administration of the	32245
United States or the United States public health service in the	32246
discharge of the officer's or employee's professional duties;	32247

(2) A dentist authorized under Chapter 4715. of the Revised	32248
Code to practice dentistry when engaged exclusively in the	32249
practice of dentistry or when administering anesthetics in the	32250
practice of dentistry;	32251

(3) A physician or surgeon in another state or territory who	32252
is a legal practitioner of medicine or surgery therein when	32253
providing consultation to an individual holding a certificate to	32254
practice issued under this chapter who is responsible for the	32255
examination, diagnosis, and treatment of the patient who is the	32256
subject of the consultation, if one of the following applies:	32257

(a) The physician or surgeon does not provide consultation in	32258
this state on a regular or frequent basis.	32259

(b) The physician or surgeon provides the consultation	32260
without compensation of any kind, direct or indirect, for the	32261
consultation.	32262

(c) The consultation is part of the curriculum of a medical	32263
school or osteopathic medical school of this state or a program	32264
described in division (A)(2) of section 4731.291 of the Revised	32265
Code.	32266

(4) A physician or surgeon in another state or territory who	32267
is a legal practitioner of medicine or surgery therein and	32268
provided services to a patient in that state or territory, when	32269
providing, not later than one year after the last date services	32270
were provided in another state or territory, follow-up services in	32271
person or through the use of any communication, including oral,	32272
written, or electronic communication, in this state to the patient	32273
for the same condition;	32274

(5) A physician or surgeon residing on the border of a	32275
contiguous state and authorized under the laws thereof to practice	32276
medicine and surgery therein, whose practice extends within the	32277
limits of this state. Such practitioner shall not either in person	32278
or through the use of any communication, including oral, written,	32279
or electronic communication, open an office or appoint a place to	32280
see patients or receive calls within the limits of this state.	32281

(6) A board, committee, or corporation engaged in the conduct	32282
described in division (A) of section 2305.251 of the Revised Code	32283
when acting within the scope of the functions of the board,	32284
committee, or corporation;	32285

(7) The conduct of an independent review organization	32286
accredited by the superintendent of insurance under section	32287
3922.13 of the Revised Code for the purpose of external reviews	32288
conducted under Chapter 3922. of the Revised Code.	32289

As used in division (A)(1) of this section, "armed forces of	32290
the United States" means the army, air force, navy, marine corps,	32291
coast guard, and any other military service branch that is	32292
designated by congress as a part of the armed forces of the United	32293
States.	32294

(B)(1) Subject to division (B)(2) of this section, this	32295
chapter does not apply to a person who holds a current,	32296
unrestricted license to practice medicine and surgery or	32297
osteopathic medicine and surgery in another state when the person,	32298
pursuant to a written agreement with an athletic team located in	32299
the state in which the person holds the license, provides medical	32300
services to any of the following while the team is traveling to or	32301
from or participating in a sporting event in this state:	32302

(a) A member of the athletic team;

32303

(b) A member of the athletic team's coaching, communications,	32304
equipment, or sports medicine staff;	32305

(c) A member of a band or cheerleading squad accompanying the	32306
athletic team;	32307

(d) The athletic team's mascot.

32308

(2) In providing medical services pursuant to division (B)(1)	32309
of this section, the person shall not provide medical services at	32310
a health care facility, including a hospital, an ambulatory	32311
surgical facility, or any other facility in which medical care,	32312
diagnosis, or treatment is provided on an inpatient or outpatient	32313
basis.	32314

(C) Sections 4731.51 to 4731.61 of the Revised Code do not	32315
apply to any graduate of a podiatric school or college while	32316
performing those acts that may be prescribed by or incidental to	32317
participation in an accredited podiatric internship, residency, or	32318
fellowship program situated in this state approved by the state	32319
medical board.	32320

(D) This chapter does not apply to an oriental medicine	32321
practitioner or acupuncturist who complies with Chapter 4762. of	32322
the Revised Code.	32323

(E) This chapter does not prohibit the administration of	32324
drugs by any of the following:	32325

(1) An individual who is licensed or otherwise specifically	32326
authorized by the Revised Code to administer drugs;	32327

(2) An individual who is not licensed or otherwise	32328
specifically authorized by the Revised Code to administer drugs,	32329
but is acting pursuant to the rules for delegation of medical	32330
tasks adopted under section 4731.053 of the Revised Code;	32331

(3) An individual specifically authorized to administer drugs	32332
pursuant to a rule adopted under the Revised Code that is in	32333
effect on April 10, 2001, as long as the rule remains in effect,	32334
specifically authorizing an individual to administer drugs.	32335

(F) The exemptions described in divisions (A)(3), (4), and	32336
(5) of this section do not apply to a physician or surgeon whose	32337
certificate to practice issued under this chapter is under	32338
suspension or has been revoked or permanently revoked by action of	32339
the state medical board.	32340

Sec. 4737.045. (A) To register as a scrap metal dealer or a	32341
bulk merchandise container dealer with the director of public	32342
safety as required by division (B) of section 4737.04 of the	32343
Revised Code, a person shall do all of the following:	32344

(1) Provide the name and street address of the dealer's place	32345
of business;	32346

(2) Provide the name of the primary owner of the business,	32347
and of the manager of the business, if the manager is not the	32348
primary owner;	32349

(3) Provide the electronic mail address of the business;

32350

(4) Provide confirmation that the dealer has the capabilities	32351
to electronically connect with the department of public safety for	32352
the purpose of sending and receiving information;	32353

(5) Provide any other information required by the director in	32354
rules the director adopts pursuant to sections 4737.01 to 4737.045	32355
of the Revised Code;	32356

(6) Pay an initial registration fee of two hundred dollars.

32357

(B) A person engaging in the business of a scrap metal dealer	32358
or a bulk merchandise container dealer in this state on or before	32359
~~the effective date of this section~~September 28, 2012, shall	32360
register with the director not later than January 1, 2013. With	32361
respect to a person who commences engaging in the business of a	32362
scrap metal dealer or a bulk merchandise container dealer after	32363
~~the effective date of this section~~September 28, 2012, the person	32364
shall register with the director pursuant to this section prior to	32365
commencing business as a scrap metal dealer or a bulk merchandise	32366
container dealer.	32367

(C) A registration issued to a scrap metal dealer or a bulk	32368
merchandise container dealer pursuant to this section is valid for	32369
a period of one year. A dealer shall renew the registration in	32370
accordance with the rules adopted by the director and pay a	32371
renewal fee of one hundred fifty dollars to cover the costs of	32372
operating and maintaining the registry created pursuant to	32373
division (E) of this section.	32374

(D) A scrap metal dealer or a bulk merchandise container	32375
dealer registered under this section shall prominently display a	32376
copy of the annual registration certificate received from the	32377
director pursuant to division (E)(2) of this section.	32378

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

32379

(1) Develop and implement, by January 1, 2014, and maintain	32380
as a registry a secure database for use by law enforcement	32381
agencies that is capable of all of the following:	32382

(a) Receiving and securely storing all of the information	32383
required by division (A) of this section and the daily transaction	32384
data that scrap metal dealers and bulk merchandise dealers are	32385
required to send pursuant to division (E)(1) of section 4737.04 of	32386
the Revised Code;	32387

(b) Providing secure search capabilities to law enforcement	32388
agencies for enforcement purposes;	32389

(c) Creating a link and retransmission capability for receipt	32390
of routine scrap theft alerts published by the institute of scrap	32391
recycling industries for transmission to dealers and law	32392
enforcement agencies in the state;	32393

(d) Making the electronic lists prepared pursuant to division	32394
(F)(2) of section 4737.04 of the Revised Code available through an	32395
electronic searchable format for individual law enforcement	32396
agencies and for dealers in the state;	32397

(e) Providing, without charge, interlink programming enabling	32398
the transfer of information to dealers.	32399

(2) Issue, reissue, or deny registration to dealers;

32400

(3) Adopt rules to enforce sections 4737.01 to 4737.045 of	32401
the Revised Code, rules establishing procedures to renew a	32402
registration issued under this section, rules for the format and	32403
maintenance for the records required under division (A) of section	32404
4737.012 of the Revised Code or division (C) of section 4737.04 of	32405
the Revised Code, and rules regarding the delivery of the report	32406
required by division (E)(1) of section 4737.04 of the Revised Code	32407
to the registry, which shall be used exclusively by law	32408
enforcement agencies.	32409

(F) A scrap metal dealer or bulk merchandise container dealer	32410
may search, modify, or update only the dealer's own business data	32411
contained within the registry established in division (E) of this	32412
section.	32413

(G) All fees received by the director pursuant to this	32414
section and division (F) of section 4737.99 of the Revised Code	32415
shall be used to develop and maintain the registry required under	32416
this section. The fees shall be deposited into the ~~security,~~	32417
~~investigations, and policing~~infrastructure protection fund which	32418
is hereby created ~~in section 4501.11 of the Revised Code~~.	32419

Sec. 4740.06. (A) Any individual who applies for a license	32420
shall file a written application with the appropriate section of	32421
the Ohio construction industry licensing board, accompanied with	32422
the application fee as determined pursuant to section 4740.09 of	32423
the Revised Code. The individual shall file the application not	32424
more than sixty days nor less than thirty days prior to the date	32425
of the examination. The application shall be on the form the	32426
section prescribes and verified by the applicant's oath. The	32427
applicant shall provide information satisfactory to the section	32428
showing that the applicant meets the requirements of division (B)	32429
of this section.	32430

(B) To qualify to take an examination, an individual shall:

32431

(1) Be at least eighteen years of age;

32432

(2) Be a United States citizen or legal alien who produces	32433
valid documentation to demonstrate the individual is a legal	32434
resident of the United States;	32435

(3) Either have been a tradesperson in the type of licensed	32436
trade for which the application is filed for not less than five	32437
years immediately prior to the date the application is filed, be a	32438
currently registered engineer in this state with three years of	32439
business experience in the construction industry in the trade for	32440
which the engineer is applying to take an examination, or have	32441
other experience acceptable to the appropriate section of the	32442
board;	32443

(4) Maintain contractor's liability insurance, including	32444
without limitation, complete operations coverage, in an amount the	32445
appropriate section of the board determines;	32446

(5) Not have done any of the following:

32447

(a) Been convicted of or pleaded guilty to a crime of moral	32448
turpitude or a disqualifying offense as those terms are defined in	32449
section 4776.10 of the Revised Code;	32450

(b) Violated this chapter or any rule adopted pursuant to it;

32451

(c) Obtained or renewed a license issued pursuant to this	32452
chapter, or any order, ruling, or authorization of the board or a	32453
section of the board by fraud, misrepresentation, or deception;	32454

(d) Engaged in fraud, misrepresentation, or deception in the	32455
conduct of business.	32456

(C) When an applicant for licensure as a contractor in a	32457
licensed trade meets the qualifications set forth in division (B)	32458
of this section and passes the required examination, the	32459
appropriate section of the board, within ninety days after the	32460
application was filed, shall authorize the administrative section	32461
of the board to license the applicant for the type of contractor's	32462
license for which the applicant qualifies. A section of the board	32463
may withdraw its authorization to the administrative section for	32464
issuance of a license for good cause shown, on the condition that	32465
notice of that withdrawal is given prior to the administrative	32466
section's issuance of the license.	32467

(D) All licenses a contractor holds pursuant to this chapter	32468
shall expire annually on the same date, which shall be the	32469
expiration date of the original license the contractor holds. An	32470
individual holding a valid, unexpired license may renew the	32471
license, without reexamination, by submitting an application to	32472
the appropriate section of the board not more than ninety calendar	32473
days before the expiration of the license, along with the renewal	32474
fee the section requires and proof of compliance with the	32475
applicable continuing education requirements. The applicant shall	32476
provide information in the renewal application satisfactory to	32477
demonstrate to the appropriate section that the applicant	32478
continues to meet the requirements of division (B) of this	32479
section.	32480

Upon application and within one calendar year after a license	32481
has expired, a section may waive any of the requirements for	32482
renewal of a license upon finding that an applicant substantially	32483
meets the renewal requirements or that failure to timely apply for	32484
renewal is due to excusable neglect. A section that waives	32485
requirements for renewal of a license may impose conditions upon	32486
the licensee and assess a late filing fee of not more than double	32487
the usual renewal fee. An applicant shall satisfy any condition	32488
the section imposes before a license is reissued.	32489

(E) An individual holding a valid license may request the	32490
section of the board that authorized that license to place the	32491
license in inactive status under conditions, and for a period of	32492
time, as that section determines.	32493

(F) Except for the ninety-day extension provided for a	32494
license assigned to a business entity under division (D) of	32495
section 4740.07 of the Revised Code, a license held by an	32496
individual immediately terminates upon the death of the	32497
individual.	32498

(G) Nothing in any license issued by the Ohio construction	32499
industry licensing board shall be construed to limit or eliminate	32500
any requirement of or any license issued by the Ohio fire marshal.	32501

(H)(1) Subject to divisions (H)(2), (3), and (4) of this	32502
section, no trade section of the board shall adopt, maintain,	32503
renew, or enforce any rule, or otherwise preclude in any way, an	32504
individual from receiving or renewing a license under this chapter	32505
due to any past criminal activity or interpretation of moral	32506
character, except as pursuant to division (B)(5)(a) of this	32507
section. If the section denies an individual a license or license	32508
renewal, the reasons for such denial shall be put in writing.	32509

(2) Except as otherwise provided in this division, if an	32510
individual applying for a license has been convicted of or pleaded	32511
guilty to a misdemeanor that is not a crime of moral turpitude or	32512
a disqualifying offense less than one year prior to making the	32513
application, the section may use its discretion in granting or	32514
denying the individual a license. Except as otherwise provided in	32515
this division, if an individual applying for a license has been	32516
convicted of or pleaded guilty to a felony that is not a crime of	32517
moral turpitude or a disqualifying offense less than three years	32518
prior to making the application, the section may use its	32519
discretion in granting or denying the individual a license. The	32520
provisions in this paragraph do not apply with respect to any	32521
offense unless the section, prior to ~~the effective date of this~~	32522
~~amendment~~September 28, 2012, was required or authorized to deny	32523
the application based on that offense.	32524

In all other circumstances, the section shall follow the	32525
procedures it adopts by rule that conform to division (H)(1) of	32526
this section.	32527

(3) In considering a renewal of an individual's license, the	32528
section shall not consider any conviction or plea of guilty prior	32529
to the initial licensing. However, the board may consider a	32530
conviction or plea of guilty if it occurred after the individual	32531
was initially licensed, or after the most recent license renewal.	32532

(4) The section may grant an individual a conditional license	32533
that lasts for one year. After the one-year period has expired,	32534
the license is no longer considered conditional, and the	32535
individual shall be considered fully licensed.	32536

(I) Notwithstanding divisions (D) and (H) of this section and	32537
sections 4740.04 and 4740.05 of the Revised Code, the board may	32538
establish rules that amend the continuing education requirements	32539
and license renewal schedule for licensees as provided in or	32540
adopted pursuant to those sections for the purpose of establishing	32541
a compliance incentive program. These rules may include provisions	32542
for the creation of the program and the qualifications, continuing	32543
education requirements, and renewal schedule for the program.	32544

Sec. 4743.04. (A) The renewal of a license or other	32545
authorization to practice a trade or profession issued under Title	32546
XLVII of the Revised Code is subject to the provisions of section	32547
5903.10 of the Revised Code relating to service in the armed	32548
forces ~~of the United States or a reserve component of the armed~~	32549
~~forces of the United States, including the Ohio national guard or~~	32550
~~the national guard of any other state~~.	32551

(B) Continuing education requirements applicable to the	32552
licensees under Title XLVII of the Revised Code are subject to the	32553
provisions of section 5903.12 of the Revised Code relating to	32554
active duty military service.	32555

(C) A department, agency, or office of this state or of any	32556
political subdivision of this state that issues a license or	32557
certificate to practice a trade or profession may, pursuant to	32558
rules adopted by the department, agency, or office, issue a	32559
temporary license or certificate to practice the trade or	32560
profession to a person whose spouse is on active military duty in	32561
this state.	32562

(D) The issuance of a license or other authorization to	32563
practice a trade or profession issued under Title XLVII of the	32564
Revised Code is subject to the provisions of section 5903.03 of	32565
the Revised Code relating to service in the armed forces ~~of the~~	32566
~~United States or a reserve component of the armed forces of the~~	32567
~~United States, including the Ohio national guard or the national~~	32568
~~guard of any other state~~.	32569

Sec. 4758.01. As used in this chapter:

32570

(A) "Accredited educational institution" means an educational	32571
institution accredited by an accrediting agency accepted by the	32572
Ohio board of regents.	32573

(B)(1) "Alcohol and other drug clinical counseling	32574
principles, methods, or procedures" means an approach to chemical	32575
dependency counseling that emphasizes the chemical dependency	32576
counselor's role in systematically assisting clients through all	32577
of the following:	32578

(a) Analyzing background and current information;

32579

(b) Exploring possible solutions;

32580

32581

(d) In the case of an independent chemical dependency	32582
counselor-clinical supervisor, independent chemical dependency	32583
counselor, or chemical dependency counselor III only, diagnosing	32584
chemical dependency conditions.	32585

(2) "Alcohol and other drug clinical counseling principles,	32586
methods, or procedures" includes counseling, assessing,	32587
consulting, and referral as they relate to chemical dependency	32588
conditions.	32589

(C) "Alcohol and other drug prevention services" means a	32590
planned process of strategies and activities designed to preclude	32591
the onset of the use of alcohol and other drugs, reduce	32592
problematic use of alcohol and other drugs, or both.	32593

(D) "Chemical dependency conditions" means those conditions	32594
relating to the abuse of or dependency on alcohol or other drugs	32595
that are classified in accepted nosologies, including the	32596
diagnostic and statistical manual of mental disorders and the	32597
international classification of diseases, and in editions of those	32598
nosologies published after December 23, 2002.	32599

(E) "Chemical dependency counseling" means rendering or	32600
offering to render to individuals, groups, or the public a	32601
counseling service involving the application of alcohol and other	32602
drug clinical counseling principles, methods, or procedures to	32603
assist individuals who are abusing or dependent on alcohol or	32604
other drugs.	32605

(F) "Pathological and problem gambling" means a persistent	32606
and recurring maladaptive gambling behavior that is classified in	32607
accepted nosologies, including the diagnostic and statistical	32608
manual of mental disorders and the international classification of	32609
diseases, and in editions of those nosologies published after the	32610
effective date of this section.	32611

(G) Unless the context provides otherwise, "scope of	32612
practice" means the services, methods, and techniques in which and	32613
the areas for which a person who holds a license or, certificate,	32614
or endorsement under this chapter is trained and qualified.	32615

~~(G)~~(H) "Substance abuse professional" has the same meaning as	32616
in 49 C.F.R. 40.3.	32617

~~(H)~~(I) "U.S. department of transportation drug and alcohol	32618
testing program" means a transportation workplace drug and alcohol	32619
testing program governed by 49 C.F.R. part 40.	32620

Sec. 4758.02. (A) Except as provided in section 4758.03 of	32621
the Revised Code, no person shall do any of the following:	32622

(1) Engage in or represent to the public that the person	32623
engages in chemical dependency counseling for a fee, salary, or	32624
other consideration unless the person holds a valid independent	32625
chemical dependency counselor-clinical supervisor license,	32626
independent chemical dependency counselor license, chemical	32627
dependency counselor III license, chemical dependency counselor II	32628
license, or chemical dependency counselor assistant certificate	32629
issued under this chapter;	32630

(2) Use the title "licensed independent chemical dependency	32631
counselor-clinical supervisor," "LICDC-CS," "licensed independent	32632
chemical dependency counselor," "LICDC," "licensed chemical	32633
dependency counselor III," "LCDC III," "licensed chemical	32634
dependency counselor II," "LCDC II," "chemical dependency	32635
counselor assistant," "CDCA," or any other title or description	32636
incorporating the word "chemical dependency counselor" or any	32637
other initials used to identify persons acting in those capacities	32638
unless currently authorized under this chapter to act in the	32639
capacity indicated by the title or initials;	32640

(3) Represent to the public that the person holds a	32641
pathological and problem gambling endorsement unless the person	32642
holds a valid pathological and problem gambling endorsement issued	32643
under this chapter;	32644

(4) Represent to the public that the person is a registered	32645
applicant unless the person holds a valid registered applicant	32646
certificate issued under this chapter;	32647

~~(4)~~(5) Use the title "certified prevention specialist II,"	32648
"CPS II," "certified prevention specialist I," "CPS I," "certified	32649
prevention specialist assistant," "CPSA," "registered applicant,"	32650
"RA," or any other title, description, or initials used to	32651
identify persons acting in those capacities unless currently	32652
authorized under this chapter to act in the capacity indicated by	32653
the title or initials.	32654

(B) No person shall engage in or represent to the public that	32655
the person engages in chemical dependency counseling as a chemical	32656
dependency counselor I.	32657

Sec. 4758.06. No individual who holds or has held a license	32658
or, certificate, or endorsement issued under this chapter shall	32659
disclose any information regarding the identity, diagnosis, or	32660
treatment of any of the individual's clients or consumers except	32661
for the purposes and under the circumstances expressly authorized	32662
by 42 U.S.C.A. 290dd-2, regulations promulgated pursuant to that	32663
federal law, other federal law enacted after ~~the effective date of~~	32664
~~this section~~December 23, 2002, to replace 42 U.S.C.A. 290dd-2, or	32665
regulations promulgated under the replacement federal law. The	32666
prohibition of this section applies whether or not the information	32667
is recorded.	32668

Sec. 4758.16. The chemical dependency professionals board	32669
shall not discriminate against any licensee, certificate holder,	32670
endorsement holder, or applicant for a license or, certificate, or	32671
endorsement under this chapter because of the individual's race,	32672
color, religion, gender, national origin, disability as defined in	32673
section 4112.01 of the Revised Code, or age. The board shall	32674
afford a hearing to any individual who files with the board a	32675
statement alleging discrimination based on any of those reasons.	32676

Sec. 4758.20. (A) The chemical dependency professionals board	32677
shall adopt rules to establish, specify, or provide for all of the	32678
following:	32679

(1) Fees for the purposes authorized by section 4758.21 of	32680
the Revised Code;	32681

(2) If the board, pursuant to section 4758.221 of the Revised	32682
Code, elects to administer examinations for individuals seeking to	32683
act as substance abuse professionals in a U.S. department of	32684
transportation drug and alcohol testing program, the board's	32685
administration of the examinations;	32686

(3) For the purpose of section 4758.23 of the Revised Code,	32687
codes of ethical practice and professional conduct for individuals	32688
who hold a license or, certificate, or endorsement issued under	32689
this chapter;	32690

(4) For the purpose of section 4758.24 of the Revised Code,	32691
all of the following:	32692

(a) Good moral character requirements for an individual who	32693
seeks or holds a license or, certificate, or endorsement issued	32694
under this chapter;	32695

(b) The documents that an individual seeking such a license	32696
or, certificate, or endorsement must submit to the board;	32697

(c) Requirements to obtain the license or, certificate, or	32698
endorsement that are in addition to the requirements established	32699
under sections 4758.39, 4758.40, 4758.41, 4758.42, 4758.43,	32700
4758.44, 4758.45, 4758.46, ~~and~~ 4758.47, and 4758.48 of the Revised	32701
Code. The additional requirements may include preceptorships.	32702

(d) The period of time that an individual whose registered	32703
applicant certificate has expired must wait before applying for a	32704
new registered applicant certificate.	32705

(5) For the purpose of section 4758.28 of the Revised Code,	32706
requirements for approval of continuing education courses of study	32707
for individuals who hold a license or, certificate, or endorsement	32708
issued under this chapter;	32709

(6) For the purpose of section 4758.30 of the Revised Code,	32710
the intervention for and treatment of an individual holding a	32711
license or, certificate, or endorsement issued under this chapter	32712
whose abilities to practice are impaired due to abuse of or	32713
dependency on alcohol or other drugs or other physical or mental	32714
condition;	32715

(7) Requirements governing reinstatement of a suspended or	32716
revoked license or, certificate, or endorsement under division (B)	32717
of section 4758.30 of the Revised Code, including requirements for	32718
determining the amount of time an individual must wait to apply	32719
for reinstatement;	32720

(8) For the purpose of section 4758.31 of the Revised Code,	32721
methods of ensuring that all records the board holds pertaining to	32722
an investigation remain confidential during the investigation;	32723

(9) Criteria for employees of the board to follow when	32724
performing their duties under division (B) of section 4758.35 of	32725
the Revised Code;	32726

(10) For the purpose of division (A)(1) of section 4758.39	32727
and division (A)(1) of section 4758.40 of the Revised Code, course	32728
requirements for a degree in a behavioral science or nursing that	32729
shall, at a minimum, include at least forty semester hours in all	32730
of the following courses:	32731

(a) Theories of counseling and psychotherapy;

32732

(b) Counseling procedures;

32733

32734

(d) Relationship therapy;

32735

(e) Research methods and statistics;

32736

(f) Fundamentals of assessment and diagnosis, including	32737
measurement and appraisal;	32738

(g) Psychopathology;

32739

(h) Human development;

32740

(i) Cultural competence in counseling;

32741

(j) Ethics.

32742

(11) For the purpose of division (A)(3) of section 4758.39,	32743
division (A)(3) of section 4758.40, division (A)(3) of section	32744
4758.41, and division (A)(3) of section 4758.42 of the Revised	32745
Code, training requirements for chemical dependency that shall, at	32746
a minimum, include qualifications for the individuals who provide	32747
the training and instruction in all of the following courses:	32748

(a) Theories of addiction;

32749

(b) Counseling procedures and strategies with addicted	32750
populations;	32751

(c) Group process and techniques working with addicted	32752
populations;	32753

(d) Assessment and diagnosis of addiction;

32754

(e) Relationship counseling with addicted populations;

32755

(f) Pharmacology;

32756

(g) Prevention strategies;

32757

(h) Treatment planning;

32758

(i) Legal and ethical issues.

32759

(12) For the purpose of division (B)(2)(b) of section 4758.40	32760
and division (B)(2) of section 4758.41 of the Revised Code,	32761
requirements for the forty clock hours of training on the version	32762
of the diagnostic and statistical manual of mental disorders that	32763
is current at the time of the training, including the number of	32764
the clock hours that must be on substance-related disorders, the	32765
number of the clock hours that must be on chemical dependency	32766
conditions, and the number of the clock hours that must be on	32767
awareness of other mental and emotional disorders;	32768

(13) For the purpose of division (A)(1) of section 4758.41 of	32769
the Revised Code, course requirements for a degree in a behavioral	32770
science or nursing;	32771

(14) For the purpose of division (A) of section 4758.43 of	32772
the Revised Code, training requirements for chemical dependency	32773
counseling that shall, at a minimum, include qualifications for	32774
the individuals who provide the training and instruction in one or	32775
more of the courses listed in division (A)(10) of this section as	32776
selected by the individual seeking the chemical dependency	32777
counselor assistant certificate;	32778

(15) For the purpose of division (A)(2) of section 4758.44 of	32779
the Revised Code, the field of study in which an individual must	32780
obtain at least a bachelor's degree;	32781

(16) For the purpose of division (A)(3) of section 4758.44,	32782
division (A)(3) of section 4758.45, and division (D) of section	32783
4758.46 of the Revised Code, requirements for prevention-related	32784
education;	32785

(17) For the purpose of division (A)(4) of section 4758.44 of	32786
the Revised Code, the number of hours of administrative or	32787
supervisory education that an individual must have;	32788

(18) For the purpose of division (A)(2) of section 4758.45 of	32789
the Revised Code, the field of study in which an individual must	32790
obtain at least an associate's degree;	32791

(19) Standards for the one hundred hours of compensated work	32792
or supervised internship in pathological and problem gambling	32793
direct clinical experience required by division (B)(2) of section	32794
4758.48 of the Revised Code;	32795

(20) For the purpose of section 4758.51 of the Revised Code,	32796
continuing education requirements for individuals who hold a	32797
license or, certificate, or endorsement issued under this chapter;	32798

~~(20)~~(21) For the purpose of section 4758.51 of the Revised	32799
Code, the number of hours of continuing education that an	32800
individual must complete to have an expired license or,	32801
certificate, or endorsement restored under section 4758.26 of the	32802
Revised Code;	32803

~~(21)~~(22) For the purpose of divisions (A) and (B) of section	32804
4758.52 of the Revised Code, training requirements for chemical	32805
dependency counseling;	32806

~~(22)~~(23) The duties, which may differ, of all of the	32807
following:	32808

(a) An independent chemical dependency counselor-clinical	32809
supervisor licensed under this chapter who supervises a chemical	32810
dependency counselor III under section 4758.56 of the Revised	32811
Code;	32812

(b) An independent chemical dependency counselor-clinical	32813
supervisor, independent chemical dependency counselor, or chemical	32814
dependency counselor III licensed under this chapter who	32815
supervises a chemical dependency counselor assistant under section	32816
4758.59 of the Revised Code;	32817

(c) A prevention specialist II or prevention specialist I	32818
certified under this chapter or independent chemical dependency	32819
counselor-clinical supervisor, independent chemical dependency	32820
counselor, or chemical dependency counselor III licensed under	32821
this chapter who supervises a prevention specialist assistant or	32822
registered applicant under section 4758.61 of the Revised Code.	32823

~~(23)~~(24) The duties of an independent chemical dependency	32824
counselor licensed under this chapter who holds the pathological	32825
and problem gambling endorsement who supervises a chemical	32826
dependency counselor III with the pathological and problem	32827
gambling endorsement under section 4758.62 of the Revised Code.	32828

(25) Anything else necessary to administer this chapter.

32829

(B) All rules adopted under this section shall be adopted in	32830
accordance with Chapter 119. of the Revised Code and any	32831
applicable federal laws and regulations.	32832

(C) When it adopts rules under this section, the board may	32833
consider standards established by any national association or	32834
other organization representing the interests of those involved in	32835
chemical dependency counseling or alcohol and other drug	32836
prevention services.	32837

Sec. 4758.21. (A) In accordance with rules adopted under	32838
section 4758.20 of the Revised Code and subject to division (B) of	32839
this section, the chemical dependency professionals board shall	32840
establish, and may from time to time adjust, fees to be charged	32841
for the following:	32842

(1) Admitting an individual to an examination administered	32843
pursuant to section 4758.22 of the Revised Code;	32844

(2) Issuing an initial independent chemical dependency	32845
counselor-clinical supervisor license, independent chemical	32846
dependency counselor license, chemical dependency counselor III	32847
license, chemical dependency counselor II license, chemical	32848
dependency counselor assistant certificate, prevention specialist	32849
II certificate, prevention specialist I certificate, prevention	32850
specialist assistant certificate, or registered applicant	32851
certificate;	32852

(3) Issuing an initial pathological and problem gambling	32853
endorsement;	32854

(4) Renewing an independent chemical dependency	32855
counselor-clinical supervisor license, independent chemical	32856
dependency counselor license, chemical dependency counselor III	32857
license, chemical dependency counselor II license, chemical	32858
dependency counselor assistant certificate, prevention specialist	32859
II certificate, prevention specialist I certificate, or prevention	32860
specialist assistant certificate;	32861

~~(4)~~(5) Renewing a pathological and problem gambling	32862
endorsement;	32863

(6) Approving continuing education courses under section	32864
4758.28 of the Revised Code;	32865

~~(5)~~(7) Doing anything else the board determines necessary to	32866
administer this chapter.	32867

(B) The fees established under division (A) of this section	32868
are nonrefundable. They shall be in amounts sufficient to cover	32869
the necessary expenses of the board in administering this chapter	32870
and rules adopted under it. The fees for a license or,	32871
certificate, or endorsement and the renewal of a license or,	32872
certificate, or endorsement may differ for the various types of	32873
licenses ~~and~~, certificates, or endorsements, but shall not exceed	32874
one hundred seventy-five dollars each, unless the board determines	32875
that amounts in excess of one hundred seventy-five dollars are	32876
needed to cover its necessary expenses in administering this	32877
chapter and rules adopted under it and the amounts in excess of	32878
one hundred seventy-five dollars are approved by the controlling	32879
board.	32880

(C) All vouchers of the board shall be approved by the	32881
chairperson or executive director of the board, or both, as	32882
authorized by the board.	32883

Sec. 4758.23. (A) In rules adopted under section 4758.20 of	32884
the Revised Code, the chemical dependency professionals board	32885
shall establish codes of ethical practice and professional conduct	32886
for the following:	32887

(1) Individuals who hold a valid independent chemical	32888
dependency counselor-clinical supervisor license, independent	32889
chemical dependency counselor license, chemical dependency	32890
counselor III license, chemical dependency counselor II license,	32891
or chemical dependency counselor assistant certificate issued	32892
under this chapter;	32893

(2) Individuals who hold a valid prevention specialist II	32894
certificate, prevention specialist I certificate, prevention	32895
specialist assistant certificate, or registered applicant	32896
certificate issued under this chapter;	32897

(3) Individuals who hold a valid pathological and problem	32898
gambling endorsement.	32899

(B) The codes for individuals identified under division	32900
(A)(1) of this section shall define unprofessional conduct, which	32901
shall include engaging in a dual relationship with a client,	32902
former client, consumer, or former consumer; committing an act of	32903
sexual abuse, misconduct, or exploitation of a client, former	32904
client, consumer, or former consumer; and, except as permitted by	32905
law, violating client or consumer confidentiality.	32906

(C) The codes for individuals identified under division	32907
(A)(1) of this section may be based on any codes of ethical	32908
practice and professional conduct developed by national	32909
associations or other organizations representing the interests of	32910
those involved in chemical dependency counseling. The codes for	32911
individuals identified under division (A)(2) of this section may	32912
be based on any codes of ethical practice and professional conduct	32913
developed by national associations or other organizations	32914
representing the interests of those involved in alcohol and other	32915
drug prevention services. The board may establish standards in the	32916
codes that are more stringent than those established by the	32917
national associations or other organizations.	32918

Sec. 4758.24. (A) The chemical dependency professionals board	32919
shall issue a license or, certificate, or endorsement under this	32920
chapter to an individual who meets all of the following	32921
requirements:	32922

(1) Is of good moral character as determined in accordance	32923
with rules adopted under section 4758.20 of the Revised Code;	32924

(2) Except as provided in section 4758.241 of the Revised	32925
Code, submits a properly completed application and all other	32926
documentation specified in rules adopted under section 4758.20 of	32927
the Revised Code;	32928

(3) Except as provided in section 4758.241 of the Revised	32929
Code, pays the fee established under section 4758.21 of the	32930
Revised Code for the license or, certificate, or endorsement that	32931
the individual seeks;	32932

(4) Meets the requirements to obtain the license or,	32933
certificate, or endorsement that the individual seeks as specified	32934
in section 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44,	32935
4758.45, 4758.46, or 4758.47, or 4758.48 of the Revised Code;	32936

(5) Meets any additional requirements specified in rules	32937
adopted under section 4758.20 of the Revised Code to obtain the	32938
license or, certificate, or endorsement that the individual seeks.	32939

(B) The board shall not do either of the following:

32940

(1) Issue a certificate to practice as a chemical dependency	32941
counselor I;	32942

(2) Issue a new registered applicant certificate to an	32943
individual whose previous registered applicant certificate has	32944
been expired for less than the period of time specified in rules	32945
adopted under section 4758.20 of the Revised Code.	32946

Sec. 4758.26. (A) Subject to section 4758.30 of the Revised	32947
Code, a license or, certificate, or endorsement issued under this	32948
chapter expires the following period of time after it is issued:	32949

(1) In the case of an initial chemical dependency counselor	32950
assistant certificate, thirteen months;	32951

(2) In the case of any other license or, certificate, or	32952
endorsement, two years.	32953

(B) Subject to section 4758.30 of the Revised Code and except	32954
as provided in section 4758.27 of the Revised Code, the chemical	32955
dependency professionals board shall renew a license or,	32956
certificate, or endorsement issued under this chapter in	32957
accordance with the standard renewal procedure established under	32958
Chapter 4745. of the Revised Code if the individual seeking the	32959
renewal pays the renewal fee established under section 4758.21 of	32960
the Revised Code and does the following:	32961

(1) In the case of an individual seeking renewal of an	32962
initial chemical dependency counselor assistant certificate,	32963
satisfies the additional training requirement established under	32964
section 4758.52 of the Revised Code;	32965

(2) In the case of any other individual, satisfies the	32966
continuing education requirements established under section	32967
4758.51 of the Revised Code.	32968

(C) Subject to section 4758.30 of the Revised Code and except	32969
as provided in section 4758.27 of the Revised Code, a license or,	32970
certificate, or endorsement issued under this chapter that has	32971
expired may be restored if the individual seeking the restoration,	32972
not later than two years after the license or, certificate, or	32973
endorsement expires, applies for restoration of the license or,	32974
certificate, or endorsement. The board shall issue a restored	32975
license or, certificate, or endorsement to the individual if the	32976
individual pays the renewal fee established under section 4758.21	32977
of the Revised Code and does the following:	32978

(1) In the case of an individual whose initial chemical	32979
dependency counselor assistant certificate expired, satisfies the	32980
additional training requirement established under section 4758.52	32981
of the Revised Code;	32982

(2) In the case of any other individual, satisfies the	32983
continuing education requirements established under section	32984
4758.51 of the Revised Code for restoring the license or,	32985
certificate, or endorsement.	32986

The board shall not require an individual to take an	32987
examination as a condition of having an expired license or,	32988
certificate, or endorsement restored under this section.	32989

Sec. 4758.28. The chemical dependency professionals board	32990
shall approve, in accordance with rules adopted under section	32991
4758.20 of the Revised Code and subject to payment of the fee	32992
established under section 4758.21 of the Revised Code, continuing	32993
education courses of study for individuals who hold a license or,	32994
certificate, or endorsement issued under this chapter.	32995

Sec. 4758.29. On receipt of a notice pursuant to section	32996
3123.43 of the Revised Code, the chemical dependency professionals	32997
board shall comply with sections 3123.41 to 3123.50 of the Revised	32998
Code and any applicable rules adopted under section 3123.63 of the	32999
Revised Code with respect to a license or, certificate, or	33000
endorsement issued pursuant to this chapter.	33001

Sec. 4758.30. (A) The chemical dependency professionals	33002
board, in accordance with Chapter 119. of the Revised Code, may	33003
refuse to issue a license or, certificate, or endorsement applied	33004
for under this chapter; refuse to renew or restore a license or,	33005
certificate, or endorsement issued under this chapter; suspend,	33006
revoke, or otherwise restrict a license or, certificate, or	33007
endorsement issued under this chapter; or reprimand an individual	33008
holding a license or, certificate, or endorsement issued under	33009
this chapter. These actions may be taken by the board regarding	33010
the applicant for a license or, certificate, or endorsement or the	33011
individual holding a license or, certificate, or endorsement for	33012
one or more of the following reasons:	33013

(1) Violation of any provision of this chapter or rules	33014
adopted under it;	33015

(2) Knowingly making a false statement on an application for	33016
a license or, certificate, or endorsement or for renewal,	33017
restoration, or reinstatement of a license or, certificate, or	33018
endorsement;	33019

(3) Acceptance of a commission or rebate for referring an	33020
individual to a person who holds a license or certificate issued	33021
by, or who is registered with, an entity of state government,	33022
including persons practicing chemical dependency counseling,	33023
alcohol and other drug prevention services, pathological and	33024
problem gambling counseling, or fields related to chemical	33025
dependency counseling, pathological and problem gambling	33026
counseling, or alcohol and other drug prevention services;	33027

(4) Conviction in this or any other state of any crime that	33028
is a felony in this state;	33029

(5) Conviction in this or any other state of a misdemeanor	33030
committed in the course of practice as an independent chemical	33031
dependency counselor-clinical supervisor, independent chemical	33032
dependency counselor, chemical dependency counselor III, chemical	33033
dependency counselor II, chemical dependency counselor assistant,	33034
prevention specialist II, pathological and problem gambling	33035
endorsee, prevention specialist I, prevention specialist	33036
assistant, or registered applicant;	33037

(6) Inability to practice as an independent chemical	33038
dependency counselor-clinical supervisor, independent chemical	33039
dependency counselor, chemical dependency counselor III, chemical	33040
dependency counselor II, chemical dependency counselor assistant,	33041
pathological and problem gambling endorsee, prevention specialist	33042
II, prevention specialist I, prevention specialist assistant, or	33043
registered applicant due to abuse of or dependency on alcohol or	33044
other drugs or other physical or mental condition;	33045

(7) Practicing outside the individual's scope of practice;

33046

(8) Practicing without complying with the supervision	33047
requirements specified under section 4758.56, 4758.59, or 4758.61,	33048
or 4758.62 of the Revised Code;	33049

(9) Violation of the code of ethical practice and	33050
professional conduct for chemical dependency counseling or,	33051
alcohol and other drug prevention, or pathological and problem	33052
gambling counseling services adopted by the board pursuant to	33053
section 4758.23 of the Revised Code;	33054

(10) Revocation of a license or, certificate, or endorsement	33055
or voluntary surrender of a license or, certificate, or	33056
endorsement in another state or jurisdiction for an offense that	33057
would be a violation of this chapter.	33058

(B) An individual whose license or, certificate, or	33059
endorsement has been suspended or revoked under this section may	33060
apply to the board for reinstatement after an amount of time the	33061
board shall determine in accordance with rules adopted under	33062
section 4758.20 of the Revised Code. The board may accept or	33063
refuse an application for reinstatement. The board may require an	33064
examination for reinstatement of a license or, certificate, or	33065
endorsement that has been suspended or revoked.	33066

Sec. 4758.31. The chemical dependency professionals board	33067
shall investigate alleged violations of this chapter or the rules	33068
adopted under it and alleged irregularities in the delivery of	33069
chemical dependency counseling services, pathological and problem	33070
gambling counseling services, or alcohol and other drug prevention	33071
services by individuals who hold a license or, certificate, or	33072
endorsement issued under this chapter. As part of an	33073
investigation, the board may issue subpoenas, examine witnesses,	33074
and administer oaths.	33075

The board may receive any information necessary to conduct an	33076
investigation under this section that has been obtained in	33077
accordance with federal laws and regulations. If the board is	33078
investigating the provision of chemical dependency counseling	33079
services or pathological and problem gambling counseling services	33080
to a couple or group, it is not necessary for both members of the	33081
couple or all members of the group to consent to the release of	33082
information relevant to the investigation.	33083

The board shall ensure, in accordance with rules adopted	33084
under section 4758.20 of the Revised Code, that all records it	33085
holds pertaining to an investigation remain confidential during	33086
the investigation. After the investigation, the records are public	33087
records except as otherwise provided by federal or state law.	33088

Sec. 4758.35. (A) An individual seeking a license or,	33089
certificate, or endorsement issued under this chapter shall file	33090
with the chemical dependency professionals board a written	33091
application on a form prescribed by the board. Each form shall	33092
state that a false statement made on the form is the crime of	33093
falsification under section 2921.13 of the Revised Code.	33094

(B) The board shall require an individual or individuals	33095
employed by the board under section 4758.15 of the Revised Code to	33096
do both of the following in accordance with criteria established	33097
by rules adopted under section 4758.20 of the Revised Code:	33098

(1) Receive and review all applications submitted to the	33099
board;	33100

(2) Submit to the board all applications the individual or	33101
individuals recommend the board review based on the criteria	33102
established in the rules.	33103

(C) The board shall review all applications submitted to the	33104
board pursuant to division (B)(2) of this section.	33105

Sec. 4758.36. As part of the review process under division	33106
(C) of section 4758.35 of the Revised Code of an application	33107
submitted by an applicant who has obtained the applicant's	33108
education, experience in chemical dependency counseling,	33109
pathological and problem gambling, or alcohol and other drug	33110
prevention services, or education and experience outside the	33111
United States, the chemical dependency professionals board shall	33112
determine whether the applicant's command of the English language	33113
and education or experience meet the standards required by this	33114
chapter and rules adopted under it.	33115

Sec. 4758.48. An individual is not eligible for a	33116
pathological and problem gambling endorsement unless the	33117
individual meets the requirements of divisions (A) and (B) of this	33118
section.	33119

(A) The individual is one or more of the following:

33120

(1) An independent chemical dependency counselor, chemical	33121
dependency counselor III, or chemical dependency counselor II	33122
licensed under this chapter;	33123

(2) Authorized to practice medicine and surgery or	33124
osteopathic medicine and surgery under Chapter 4731. of the	33125
Revised Code;	33126

(3) A psychologist licensed under Chapter 4732. of the	33127
Revised Code;	33128

(4) A registered nurse licensed under Chapter 4723. of the	33129
Revised Code; or	33130

(5) A professional clinical counselor, professional	33131
counselor, independent social worker, social worker, independent	33132
marriage and family therapist, or marriage and family therapist	33133
licensed under Chapter 4757. of the Revised Code.	33134

An individual who is a registered nurse or a professional	33135
clinical counselor, professional counselor, independent social	33136
worker, social worker, independent marriage and family therapist,	33137
or marriage and family therapist is ineligible for the endorsement	33138
unless the endorsement is consistent with the individual's scope	33139
of practice.	33140

(B) Except as otherwise provided in this division, the	33141
individual has completed both of the following:	33142

(1) A minimum of thirty hours of training in pathological and	33143
problem gambling that meets the requirements prescribed in rules	33144
adopted under section 4758.20 of the Revised Code; and	33145

(2) A minimum of one hundred hours of compensated work or	33146
supervised internship in pathological and problem gambling direct	33147
clinical experience.	33148

An independent chemical dependency counselor, chemical	33149
dependency counselor III, or chemical dependency counselor II	33150
licensed under this chapter may be issued an initial pathological	33151
and problem gambling endorsement without having complied with	33152
division (B)(2) of this section, but the independent chemical	33153
dependency counselor, chemical dependency counselor III, or	33154
chemical dependency counselor II shall comply with division (B)(2)	33155
of this section before expiration of the initial endorsement. An	33156
independent chemical dependency counselor, chemical dependency	33157
counselor III, or chemical dependency counselor II who fails to	33158
comply with this paragraph is not entitled to renewal of the	33159
initial endorsement.	33160

Sec. 4758.50. An individual who holds a license or,	33161
certificate, or endorsement issued under this chapter shall post	33162
the license or, certificate, or endorsement in a prominent place	33163
at the individual's place of employment.	33164

Sec. 4758.51. (A) Except as provided in division (C) of this	33165
section and in accordance with rules adopted under section 4758.20	33166
of the Revised Code, each individual who holds a license or,	33167
certificate, or endorsement issued under this chapter, other than	33168
an initial chemical dependency counselor assistant certificate,	33169
shall complete during the period that the license or, certificate,	33170
or endorsement is in effect not less than the following number of	33171
clock hours of continuing education as a condition of receiving a	33172
renewed license or, certificate, or endorsement:	33173

(1) In the case of an individual holding a prevention	33174
specialist assistant certificate, twenty;	33175

(2) In the case of an individual holding a pathological and	33176
problem gambling endorsement, six;	33177

(3) In the case of any other individual, forty.

33178

(B) Except as provided in division (C) of this section, an	33179
individual whose license or, certificate, or endorsement issued	33180
under this chapter, other than an initial chemical dependency	33181
counselor assistant certificate, has expired shall complete the	33182
number of hours of continuing education specified in rules adopted	33183
under section 4758.20 of the Revised Code as a condition of	33184
receiving a restored license or, certificate, or endorsement.	33185

(C) The chemical dependency professionals board may waive the	33186
continuing education requirements established under this section	33187
for individuals who are unable to fulfill them because of military	33188
service, illness, residence outside the United States, or any	33189
other reason the board considers acceptable.	33190

Sec. 4758.60. An individual who holds a valid prevention	33191
specialist II certificate or prevention specialist I certificate	33192
issued under this chapter may engage in the practice of ~~alcohol~~	33193
~~and other drug~~ prevention services as specified in rules adopted	33194
under section 4758.20 of the Revised Code.	33195

Sec. 4758.62. An individual who holds an independent	33196
chemical dependency counselor license and a pathological and	33197
problem gambling treatment endorsement may do all of the	33198
following:	33199

(A) Diagnose and treat pathological and problem gambling	33200
conditions;	33201

(B) Perform treatment planning, assessment, crisis	33202
intervention, individual and group counseling, case management,	33203
and educational services insofar as those functions relate to	33204
pathological and problem gambling;	33205

(C) Supervise pathological and problem gambling treatment	33206
counseling; and	33207

(D) Refer individuals with nonpathological and nonproblem	33208
gambling conditions to appropriate sources of help.	33209

Sec. 4758.63. An individual who holds a chemical dependency	33210
counselor III license and a pathological and problem gambling	33211
endorsement may do all of the following:	33212

(A) Treat pathological and problem gambling conditions;

33213

(B) Diagnose pathological and problem gambling conditions	33214
under supervision;	33215

(C) Perform treatment planning, assessment, crisis	33216
intervention, individual and group counseling, case management,	33217
and educational services insofar as those functions relate to	33218
pathological and problem gambling;	33219

(D) Supervise pathological and problem gambling treatment	33220
counseling under supervision; and	33221

(E) Refer individuals having nonpathological and nonproblem	33222
gambling conditions to appropriate sources of help.	33223

The supervision required by divisions (B) and (D) of this	33224
section shall be provided by an independent chemical dependency	33225
counselor licensed under this chapter; an individual authorized to	33226
practice medicine and surgery or osteopathic medicine and surgery	33227
under Chapter 4731. of the Revised Code; a psychologist licensed	33228
under Chapter 4732. of the Revised Code; a registered nurse	33229
licensed under Chapter 4723. of the Revised Code; or a	33230
professional clinical counselor, independent social worker, or	33231
independent marriage and family therapist licensed under Chapter	33232
4757. of the Revised Code. A registered nurse or a professional	33233
clinical counselor, independent social worker, or independent	33234
marriage and family therapist is not qualified to provide	33235
supervision unless the individual holds a pathological and problem	33236
gambling endorsement.	33237

An individual holding a chemical dependency counselor III	33238
license shall not practice as an individual practitioner.	33239

Sec. 4758.64. An individual who holds a chemical dependency	33240
counselor II license and a pathological and problem gambling	33241
endorsement may do all of the following:	33242

(A) Treat pathological and problem gambling conditions;

33243

(B) Perform treatment planning, assessment, crisis	33244
intervention, individual and group counseling, case management,	33245
and educational services insofar as those functions relate to	33246
pathological and problem gambling; and	33247

(C) Refer individuals having nonpathological and nonproblem	33248
gambling conditions to appropriate sources of help.	33249

An individual holding a chemical dependency II license shall	33250
not practice as an individual practitioner.	33251

Sec. 4758.71. Nothing in this chapter or the rules adopted	33252
under it authorizes an individual who holds a license or,	33253
certificate, or endorsement issued under this chapter to admit a	33254
patient to a hospital or requires a hospital to allow any such	33255
individual to admit a patient.	33256

Sec. 4781.121. (A) The manufactured homes commission,	33257
pursuant to section 4781.04 of the Revised Code, may investigate	33258
any person who allegedly has committed a violation. If, after an	33259
investigation the commission determines that reasonable evidence	33260
exists that a person has committed a violation, within seven days	33261
after that determination, the commission shall send a written	33262
notice to that person in the same manner as prescribed in section	33263
119.07 of the Revised Code for licensees, except that the notice	33264
shall specify that a hearing will be held and specify the date,	33265
time, and place of the hearing.	33266

(B) The commission shall hold a hearing regarding the alleged	33267
violation in the same manner prescribed for an adjudication	33268
hearing under section 119.09 of the Revised Code. If the	33269
commission, after the hearing, determines that a violation has	33270
occurred, the commission, upon an affirmative vote of five of its	33271
members, may impose a fine not exceeding one thousand dollars per	33272
violation per day. The commission's determination is an order that	33273
the person may appeal in accordance with section 119.12 of the	33274
Revised Code.	33275

(C) If the person who allegedly committed a violation fails	33276
to appear for a hearing, the commission may request the court of	33277
common pleas of the county where the alleged violation occurred to	33278
compel the person to appear before the commission for a hearing.	33279

(D) If the commission assesses a person a civil penalty for a	33280
violation and the person fails to pay that civil penalty within	33281
the time period prescribed by the commission pursuant to section	33282
131.02 of the Revised Code, the commission shall forward to the	33283
attorney general the name of the person and the amount of the	33284
civil penalty for the purpose of collecting that civil penalty. In	33285
addition to the civil penalty assessed pursuant to this section,	33286
the person also shall pay any fee assessed by the attorney general	33287
for collection of the civil penalty.	33288

(E) The authority provided to the commission pursuant to this	33289
section, and any fine imposed under this section, shall be in	33290
addition to, and not in lieu of, all penalties and other remedies	33291
provided in this chapter. Any fines collected pursuant to this	33292
section shall be used solely to administer and enforce this	33293
chapter and rules adopted under it. Any fees collected pursuant to	33294
this section shall be transmitted to the treasurer of state and	33295
shall be credited to the manufactured homes commission regulatory	33296
fund created in section 4781.54 of the Revised Code and the rules	33297
adopted thereunder. The fees shall be used only for the purpose of	33298
administering and enforcing sections 4781.26 to 4781.35 of the	33299
Revised Code and the rules adopted thereunder.	33300

(F) As used in this section, "violation" means a violation of	33301
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant	33302
to ~~section 4781.04, of the Revised Code~~this chapter.	33303

Sec. 4781.29. The manufactured homes commission may refuse	33304
to grant, may suspend, or may revoke any license granted to any	33305
person for failure to comply with ~~sections 4781.26 to 4781.35 of~~	33306
~~the Revised Code~~this chapter or with any rule adopted under	33307
~~section 4781.26 of the Revised Code~~it.	33308

Sec. 4905.01. As used in this chapter:

33309

(A) "Railroad" has the same meaning as in section 4907.02 of	33310
the Revised Code.	33311

(B) "Motor carrier" has the same meaning as in section	33312
4923.01 of the Revised Code.	33313

(C) "Motor vehicle" and "public highway" have the same	33314
meanings as in section 4921.01 of the Revised Code.	33315

(D) "Ohio coal research and development costs" means all	33316
reasonable costs associated with a facility or project undertaken	33317
by a public utility for which a recommendation to allow the	33318
recovery of costs associated therewith has been made under	33319
division (B)(7) of section 1551.33 of the Revised Code, including,	33320
but not limited to, capital costs, such as costs of debt and	33321
equity; construction and operation costs; termination and	33322
retirement costs; costs of feasibility and marketing studies	33323
associated with the project; and the acquisition and delivery	33324
costs of Ohio coal used in the project, less any expenditures of	33325
grant moneys.	33326

(E) "Intermodal equipment provider" has the same meaning as	33327
in 49 C.F.R. 390.5.	33328

Sec. 4905.81. The public utilities commission shall:

33329

(A) Supervise and regulate each motor carrier;

33330

(B) Regulate the safety of operation of each motor carrier	33331
and intermodal equipment provider;	33332

(C) Adopt reasonable safety rules applicable to the highway	33333
transportation of persons or property in interstate and intrastate	33334
commerce by motor carriers;	33335

(D) Adopt safety rules applicable to the transportation and	33336
offering for transportation of hazardous materials in interstate	33337
and intrastate commerce by motor carriers. The rules shall not be	33338
incompatible with the requirements of the United States department	33339
of transportation.	33340

(E) Require the filing of reports and other data by motor	33341
carriers;	33342

(F) Adopt reasonable rules for the administration and	33343
enforcement of this chapter and Chapters 4901., 4903., 4907.,	33344
4909., 4921., and 4923. of the Revised Code applying to each motor	33345
carrier in this state;	33346

(G) Supervise and regulate motor carriers in all other	33347
matters affecting the relationship between those carriers and the	33348
public to the exclusion of all local authorities, except as	33349
provided in this section. The commission, in the exercise of the	33350
jurisdiction conferred upon it by this chapter and Chapters 4901.,	33351
4903., 4907., 4909., 4921., and 4923. of the Revised Code, may	33352
adopt rules affecting motor carriers, notwithstanding the	33353
provisions of any ordinance, resolution, license, or permit	33354
enacted, adopted, or granted by any township, municipal	33355
corporation, municipal corporation and county, or county. In case	33356
of conflict between any such ordinance, resolution, license, or	33357
permit, the order or rule of the commission shall prevail. Local	33358
subdivisions may adopt reasonable local police rules within their	33359
respective boundaries not inconsistent with those chapters and	33360
rules adopted under them.	33361

The commission has jurisdiction to receive, hear, and	33362
determine as a question of fact, upon complaint of any party or	33363
upon its own motion, and upon not less than fifteen days' notice	33364
of the time and place of the hearing and the matter to be heard,	33365
whether any corporation, company, association, joint-stock	33366
association, person, firm, or copartnership, or their lessees,	33367
legal or personal representatives, trustees, or receivers or	33368
trustees appointed by any court, is engaged as a motor carrier.	33369
The finding of the commission on such a question is a final order	33370
that may be reviewed as provided in section 4923.15 of the Revised	33371
Code.	33372

Sec. 4905.95. (A) Except as otherwise provided in division	33373
(C) of this section:	33374

(1) The public utilities commission, regarding any proceeding	33375
under this section, shall provide reasonable notice and the	33376
opportunity for a hearing in accordance with rules adopted under	33377
section 4901.13 of the Revised Code.	33378

(2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and	33379
4903.20 to 4903.23 of the Revised Code apply to all proceedings	33380
and orders of the commission under this section and to all	33381
operators subject to those proceedings and orders.	33382

(B) If, pursuant to a proceeding it specially initiates or to	33383
any other proceeding and after the hearing provided for under	33384
division (A) of this section, the commission finds that:	33385

(1) An operator has violated or failed to comply with, or is	33386
violating or failing to comply with, sections 4905.90 to 4905.96	33387
of the Revised Code or the pipe-line safety code, the commission	33388
by order:	33389

(a) Shall require the operator to comply and to undertake	33390
corrective action necessary to protect the public safety;	33391

(b) May assess upon the operator forfeitures of not more than	33392
~~one~~two hundred thousand dollars for each day of each violation or	33393
noncompliance, except that the aggregate of such forfeitures shall	33394
not exceed ~~one~~two million dollars for any related series of	33395
violations or noncompliances. In determining the amount of any	33396
such forfeiture, the commission shall consider all of the	33397
following:	33398

(i) The gravity of the violation or noncompliance;

33399

(ii) The operator's history of prior violations or	33400
noncompliances;	33401

(iii) The operator's good faith efforts to comply and	33402
undertake corrective action;	33403

(iv) The operator's ability to pay the forfeiture;

33404

(v) The effect of the forfeiture on the operator's ability to	33405
continue as an operator;	33406

(vi) Such other matters as justice may require.

33407

All forfeitures collected under this division or section 4905.96	33408
of the Revised Code shall be deposited in the state treasury to	33409
the credit of the general revenue fund.	33410

(c) May direct the attorney general to seek the remedies	33411
provided in section 4905.96 of the Revised Code.	33412

(2) An intrastate pipe-line transportation facility is	33413
hazardous to life or property, the commission by order:	33414

(a) Shall require the operator of the facility to take	33415
corrective action to remove the hazard. Such corrective action may	33416
include suspended or restricted use of the facility, physical	33417
inspection, testing, repair, replacement, or other action.	33418

(b) May direct the attorney general to seek the remedies	33419
provided in section 4905.96 of the Revised Code.	33420

(C) If, pursuant to a proceeding it specially initiates or to	33421
any other proceeding, the commission finds that an emergency	33422
exists due to a condition on an intrastate pipe-line	33423
transportation facility posing a clear and immediate danger to	33424
life or health or threatening a significant loss of property and	33425
requiring immediate corrective action to protect the public	33426
safety, the commission may issue, without notice or prior hearing,	33427
an order reciting its finding and may direct the attorney general	33428
to seek the remedies provided in section 4905.96 of the Revised	33429
Code. The order shall remain in effect for not more than forty	33430
days after the date of its issuance. The order shall provide for a	33431
hearing as soon as possible, but not later than thirty days after	33432
the date of its issuance. After the hearing the commission shall	33433
continue, revoke, or modify the order and may make findings under	33434
and seek appropriate remedies as provided in division (B) of this	33435
section.	33436

Sec. 4909.157. (A) As used in this section, "manufactured gas	33437
plant" means a plant that was operational prior to 1970 and that	33438
produced, for sale to customers, manufactured gas from one of the	33439
following processes:	33440

(1) Coal gas;

33441

(2) Carburetted water gas;

33442

(3) Oil gas.

33443

(B) The public utilities commission may authorize a natural	33444
gas company or gas company to recover environmental remediation	33445
costs to which the following apply:	33446

(1) The costs are prudently incurred before January 1, 2025.

33447

(2) The costs are also related to real property to which all	33448
of the following apply:	33449

(a) The property was owned by the company or a predecessor in	33450
interest before July 1, 2014.	33451

(b) The property was formerly the site of a manufactured gas	33452
plant.	33453

(c) At the time recovery is authorized, the property is or	33454
was used for the provision of public utility service.	33455

(3) At least one of the following applies:

33456

(a) The costs were incurred under the voluntary action	33457
program as described in Chapter 3746. of the Revised Code.	33458

(b) The costs were ordered by an environmental agency with	33459
jurisdiction or a court with jurisdiction.	33460

(c) The costs were the subject of a previously authorized	33461
regulatory asset.	33462

(C) Recovery under this section may be provided for through	33463
the establishment of a mechanism by the commission. Any such	33464
mechanism shall set forth the specific terms of the recovery. The	33465
mechanism shall include an application and an evidentiary hearing	33466
in which the applicant shall bear the burden of proof.	33467

(D) In determining whether to authorize recovery under this	33468
section, and in determining any amount of recovery, the commission	33469
may consider, in its prudency review, any or all of the following:	33470

(1) The potential liability of third parties for the	33471
environmental remediation costs, and whether and to what extent	33472
those parties should share in payment of those costs;	33473

(2) To the extent that it can be ascertained, whether and to	33474
what extent the contamination associated with the environmental	33475
remediation costs occurred prior to the date that the company was	33476
first subject to the regulatory authority of the commission under	33477
Chapter 4905. of the Revised Code;	33478

(3) Whether the remediation obligation initially arose during	33479
a time when the company was subject to the regulatory authority of	33480
the commission under Chapter 4905. of the Revised Code.	33481

(E) If the commission authorizes recovery under this section,	33482
the company, upon the sale of the property described in division	33483
(B)(2) of this section, shall return to the company's customers	33484
the difference between the sale price of the property, minus any	33485
reasonable expenses related to the sale, and the fair market value	33486
of the property prior to remediation.	33487

(F) Divisions (A)(1) and (4) of section 4909.15 of the	33488
Revised Code do not preclude the recovery of environmental	33489
remediation costs as described in this section.	33490

Sec. 4921.13. (A) The public utilities commission shall adopt	33491
rules applicable to the filing of annual update forms and the	33492
payment of taxes by for-hire motor carriers. The rules shall not	33493
be incompatible with the requirements of the United States	33494
department of transportation. The rules shall at a minimum address	33495
all of the following:	33496

(1) The information and certifications that must be provided	33497
to the commission on an annual update form, including a	33498
certification that the carrier continues to be in compliance with	33499
the applicable laws of this state.	33500

(2) Documentation and information that must be provided	33501
regarding proof of financial responsibility;	33502

(3) The form and manner in which taxes may be paid under	33503
section 4921.19 of the Revised Code.	33504

(B) The rules may address any other information that the	33505
commission determines is necessary to carry out this section.	33506

(C) A for-hire motor carrier shall not be issued aany tax	33507
receipt under division (C) of section 4921.19 of the Revised Code	33508
until all of the following have been satisfied:	33509

(1) A complete and accurate annual update form has been filed	33510
with the commission;	33511

(2) Proof of financial responsibility remains in effect;

33512

(3) All applicable registration fees in accordance with rules	33513
adopted under section 4921.11 of the Revised Code, all applicable	33514
taxes under section 4921.19 of the Revised Code, and any	33515
forfeitures imposed under section 4923.99 of the Revised Code have	33516
been paid in full.	33517

Sec. 4921.19. (A) Every for-hire motor carrier operating in	33518
this state shall, at the time of the issuance of a certificate of	33519
public convenience and necessity under section 4921.03 of the	33520
Revised Code, pay to the public utilities commission, for and on	33521
behalf of the treasurer of state, the following taxes:	33522

(1) For each motor vehicle used for transporting persons,	33523
thirty dollars;	33524

(2) For each commercial tractor, as defined in section	33525
4501.01 of the Revised Code, used for transporting property,	33526
thirty dollars;	33527

(3) For each other motor vehicle transporting property,	33528
twenty dollars.	33529

(B) Every for-hire motor carrier operating in this state	33530
solely in intrastate commerce shall, annually between the first	33531
day of May and the thirtieth day of June, pay to the commission,	33532
for and on behalf of the treasurer of state, the following taxes:	33533

(1) For each motor vehicle used for transporting persons,	33534
thirty dollars;	33535

(2) For each commercial tractor, as defined in section	33536
4501.01 of the Revised Code, used for transporting property,	33537
thirty dollars;	33538

(3) For each other motor vehicle transporting property,	33539
twenty dollars.	33540

(C) After a for-hire motor carrier has paid the applicable	33541
taxes under division (A) or (B) of this section and met all	33542
applicable requirements under section 4921.03 or division (C) of	33543
section 4921.13 of the Revised Code ~~have been met~~, the commission	33544
shall issue the carrier a tax receipt for each motor vehicle for	33545
which a tax has been paid under this section. The carrier shall	33546
~~carry a copy of~~keep the appropriate tax receipt in each motor	33547
vehicle operated by the carrier. The carrier shall maintain ~~the~~	33548
~~original copy of the tax receipt at the carrier's primary place of~~	33549
~~business~~tax receipt records that specify to which motor vehicle	33550
each tax receipt is assigned.	33551

(D) A trailer used by a for-hire motor carrier shall not be	33552
taxed under this section.	33553

(E) The annual tax levied by division (B) of this section	33554
does not apply in those cases where the commission finds that the	33555
movement of agricultural commodities or foodstuffs produced	33556
therefrom requires a temporary and seasonal use of vehicular	33557
equipment for a period of not more than ninety days. In such	33558
event, the tax on the vehicular equipment shall be twenty-five per	33559
cent of the annual tax levied by division (B) of this section. If	33560
any vehicular equipment is used in excess of the ninety-day	33561
period, the annual tax levied by this section shall be paid.	33562

(F) All taxes levied by division (B) of this section shall be	33563
reckoned as from the beginning of the quarter in which the tax	33564
receipt is issued or as from when the use of equipment under any	33565
existing tax receipt began.	33566

(G) The fees for unified carrier registration pursuant to	33567
section 4921.11 of the Revised Code shall be identical to those	33568
established by the unified carrier registration act board as	33569
approved by the federal motor carrier safety administration for	33570
each year.	33571

(H)(1) The fees for uniform registration and a uniform permit	33572
as a carrier of hazardous materials pursuant to section 4921.15 of	33573
the Revised Code shall consist of the following:	33574

(a) A processing fee of fifty dollars;

33575

(b) An apportioned per-truck registration fee, which shall be	33576
calculated by multiplying the percentage of a registrant's	33577
activity in this state times the percentage of the registrant's	33578
business that is hazardous-materials-related, times the number of	33579
vehicles owned or operated by the registrant, times a per-truck	33580
fee determined by order of the commission following public notice	33581
and an opportunity for comment.	33582

(i) The percentage of a registrant's activity in this state	33583
shall be calculated by dividing the number of miles that the	33584
registrant travels in this state under the international	33585
registration plan, pursuant to section 4503.61 of the Revised	33586
Code, by the number of miles that the registrant travels	33587
nationwide under the international registration plan. Registrants	33588
that operate solely within this state shall use one hundred per	33589
cent as their percentage of activity. Registrants that do not	33590
register their vehicles through the international registration	33591
plan shall calculate activity in the state in the same manner as	33592
that required by the international registration plan.	33593

(ii) The percentage of a registrant's business that is	33594
hazardous-materials-related shall be calculated, for	33595
less-than-truckload shipments, by dividing the weight of all the	33596
registrant's hazardous materials shipments by the total weight of	33597
all shipments in the previous year. The percentage of a	33598
registrant's business that is hazardous-materials-related shall be	33599
calculated, for truckload shipments, by dividing the number of	33600
shipments for which placarding, marking of the vehicle, or	33601
manifesting, as appropriate, was required by regulations adopted	33602
under sections 4 to 6 of the "Hazardous Materials Transportation	33603
Uniform Safety Act of 1990," 104 Stat. 3244, 49 U.S.C. App. 1804,	33604
by the total number of the registrant's shipments that transported	33605
any kind of goods in the previous year. A registrant that	33606
transports both less-than-truckload and truckload shipments of	33607
hazardous materials shall calculate the percentage of business	33608
that is hazardous-materials-related on a proportional basis.	33609

(iii) A registrant may utilize fiscal year, or calendar year,	33610
or other current company accounting data, or other publicly	33611
available information, in calculating the percentages required by	33612
divisions (H)(1)(b)(i) and (ii) of this section.	33613

(2) The commission, after notice and opportunity for a	33614
hearing, may assess each carrier a fee for any background	33615
investigation required for the issuance, for the purpose of	33616
section 3734.15 of the Revised Code, of a uniform permit as a	33617
carrier of hazardous wastes and fees related to investigations and	33618
proceedings for the denial, suspension, or revocation of a uniform	33619
permit as a carrier of hazardous materials. The fees shall not	33620
exceed the reasonable costs of the investigations and proceedings.	33621
The fee for a background investigation for a uniform permit as a	33622
carrier of hazardous wastes shall be six hundred dollars plus the	33623
costs of obtaining any necessary information not included in the	33624
permit application, to be calculated at the rate of thirty dollars	33625
per hour, not exceeding six hundred dollars, plus any fees payable	33626
to obtain necessary information.	33627

(I) The application fee for a certificate for the	33628
transportation of household goods issued pursuant to sections	33629
4921.30 to 4921.38 of the Revised Code shall be based on the	33630
certificate holder's gross revenue, in the prior year, for the	33631
intrastate transportation of household goods. The commission shall	33632
establish, by order, ranges of gross revenue and the fee for each	33633
range. The fees shall be set in amounts sufficient to carry out	33634
the purposes of sections 4921.30 to 4921.38 and 4923.99 of the	33635
Revised Code and, to the extent necessary, the commission shall	33636
make changes to the fee structure to ensure that neither over nor	33637
under collection of the fees occurs. The fees shall also take into	33638
consideration the revenue generated from the assessment of	33639
forfeitures under section 4923.99 of the Revised Code regarding	33640
the consumer protection provisions applicable to for-hire motor	33641
carriers engaged in the transportation of household goods.	33642

(J) The fees and taxes provided under this section shall be	33643
in addition to taxes, fees, and charges fixed and exacted by other	33644
sections of the Revised Code, except the assessments required by	33645
section 4905.10 of the Revised Code, but all fees, license fees,	33646
annual payments, license taxes, or taxes or other money exactions,	33647
except the general property tax, assessed, charged, fixed, or	33648
exacted by local authorities such as municipal corporations,	33649
townships, counties, or other local boards, or the officers of	33650
such subdivisions are illegal and, are superseded by sections	33651
4503.04 and 4905.03 and Chapter 4921. of the Revised Code. On	33652
compliance with sections 4503.04 and 4905.03 and Chapter 4921. of	33653
the Revised Code, all local ordinances, resolutions, ~~by laws~~	33654
bylaws, and rules in force shall cease to be operative as to the	33655
persons in compliance, except that such local subdivisions may	33656
make reasonable local police regulations within their respective	33657
boundaries not inconsistent with sections 4503.04 and 4905.03 and	33658
Chapter 4921. of the Revised Code.	33659

Sec. 4923.01. As used in this chapter:

33660

(A) "Ambulance," "interstate commerce," "intrastate	33661
commerce," "motor vehicle," "public highway," "ridesharing	33662
arrangement," and "school bus" have the same meanings as in	33663
section 4921.01 of the Revised Code.	33664

(B) "For-hire motor carrier" means a person engaged in the	33665
business of transporting persons or property by motor vehicle for	33666
compensation, except when engaged in any of the following in	33667
intrastate commerce:	33668

(1) The transportation of persons in taxicabs in the usual	33669
taxicab service;	33670

(2) The transportation of pupils in school busses operating	33671
to or from school sessions or school events;	33672

(3) The transportation of farm supplies to the farm or farm	33673
products from farm to market or to food fabricating plants;	33674

(4) The distribution of newspapers;

33675

(5) The transportation of crude petroleum incidental to	33676
gathering from wells and delivery to destination by pipe line;	33677

(6) The transportation of injured, ill, or deceased persons	33678
by hearse or ambulance;	33679

(7) The transportation of compost (a combination of manure	33680
and sand or shredded bark mulch) or shredded bark mulch;	33681

(8) The transportation of persons in a ridesharing	33682
arrangement when any fee charged each person so transported is in	33683
such amount as to recover only the person's share of the costs of	33684
operating the motor vehicle for such purpose;	33685

(9) The operation of motor vehicles for contractors on public	33686
road work.	33687

"For-hire motor carrier" includes the carrier's agents,	33688
officers, and representatives, as well as employees responsible	33689
for hiring, supervising, training, assigning, or dispatching	33690
drivers and employees concerned with the installation, inspection,	33691
and maintenance of motor-vehicle equipment and accessories.	33692

Divisions (B)(1) to (9) of this section shall not be	33693
construed to relieve a person from compliance with rules adopted	33694
under division (A)(2) of section 4923.04 of the Revised Code,	33695
division (E) of section 4923.06 of the Revised Code, division (B)	33696
of section 4923.07 of the Revised Code, and section 4923.11 of the	33697
Revised Code, or from compliance with rules regarding commercial	33698
driver's licenses adopted under division (A)(1) of section 4923.04	33699
of the Revised Code.	33700

(C) "Interchange" and "intermodal equipment" have the same	33701
meanings as in 49 C.F.R. 390.5.	33702

(D) "Motor carrier" means both a for-hire motor carrier and a	33703
private motor carrier.	33704

~~(D)~~(E) "Private motor carrier" means a person who is not a	33705
for-hire motor carrier but is engaged in the business of	33706
transporting persons or property by motor vehicle, except as	33707
provided in section 4923.02 of the Revised Code. "Private motor	33708
carrier" includes the carrier's agents, officers, and	33709
representatives, as well as employees responsible for hiring,	33710
supervising, training, assigning, or dispatching drivers and	33711
employees concerned with the installation, inspection, and	33712
maintenance of motor-vehicle equipment and accessories.	33713

Sec. 4923.02. (A) As used in this chapter, "private motor	33714
carrier" does not include a person when engaged in any of the	33715
following in intrastate commerce:	33716

(1) The transportation of persons in taxicabs in the usual	33717
taxicab service;	33718

(2) The transportation of pupils in school busses operating	33719
to or from school sessions or school events;	33720

(3) The transportation of farm supplies to the farm or farm	33721
products from farm to market or to food fabricating plants;	33722

(4) The distribution of newspapers;

33723

(5) The transportation of crude petroleum incidental to	33724
gathering from wells and delivery to destination by pipe line;	33725

(6) The transportation of injured, ill, or deceased persons	33726
by hearse or ambulance;	33727

(7) The transportation of compost (a combination of manure	33728
and sand or shredded bark mulch) or shredded bark mulch;	33729

(8) The transportation of persons in a ridesharing	33730
arrangement when any fee charged each person so transported is in	33731
such amount as to recover only the person's share of the costs of	33732
operating the motor vehicle for such purpose;	33733

(9) The operation of motor vehicles for contractors on public	33734
road work.	33735

(B) The public utilities commission may grant a motor carrier	33736
operating in intrastate commerce a temporary exemption from some	33737
or all of the provisions of this chapter and the rules adopted	33738
under it, when either of the following applies:	33739

(1) The governor of this state has declared an emergency.

33740

(2) The chairperson of the commission or the chairperson's	33741
designee has declared a transportation-specific emergency.	33742

(C) The commission may adopt rules not incompatible with the	33743
requirements of the United States department of transportation to	33744
provide exemptions to motor carriers operating in intrastate	33745
commerce not otherwise identified in divisions (A) and (B) of this	33746
section.	33747

(D) Divisions (A) to (C) of this section shall not be	33748
construed to relieve a person from compliance with ~~either of~~ the	33749
following:	33750

(1) Rules adopted under division (A)(2) of section 4923.04 of	33751
the Revised Code, division (E) of section 4923.06 of the Revised	33752
Code, division (B) of section 4923.07 of the Revised Code, and	33753
section 4923.11 of the Revised Code;	33754

(2) Rules regarding commercial driver's licenses adopted	33755
under division (A)(1) of section 4923.04 of the Revised Code;	33756

(3) Rules adopted under section 4921.15 of the Revised Code	33757
regarding uniform registration and permitting of carriers of	33758
hazardous materials and other applicable provisions of that	33759
section and division (H) of section 4921.19 of the Revised Code.	33760

Sec. 4923.04. (A)~~(1)~~ The public utilities commission shall	33761
adopt rules applicable to the ~~transportation~~following:	33762

(1) Transportation of persons or property by motor carriers	33763
operating in interstate and intrastate commerce.;	33764

(2) ~~The commission shall adopt rules applicable to the~~	33765
~~highway~~Highway transportation and offering for transportation of	33766
hazardous materials by motor carriers, and persons engaging in the	33767
highway transportation and offering for transportation of	33768
hazardous materials, operating in interstate or intrastate	33769
commerce;	33770

(3) Use and interchange of intermodal equipment.

33771

(B) The rules adopted under division (A) of this section	33772
shall not be incompatible with the requirements of the United	33773
States department of transportation.	33774

(C) To achieve the purposes of this chapter and to assist the	33775
commission in the performance of any of its powers or duties, the	33776
commission, either through the public utilities commissioners or	33777
employees authorized by it, may do either or both of the	33778
following:	33779

(1) Apply for, and any judge of a court of record of	33780
competent jurisdiction may issue, an appropriate search warrant;	33781

(2) Examine under oath, at the offices of the commission, any	33782
officer, agent, or employee of any person subject to this chapter.	33783
The commission, by subpoena, also may compel the attendance of a	33784
witness for the purpose of the examination and, by subpoena duces	33785
tecum, may compel the production of all books, contracts, records,	33786
and documents that relate to ~~the transportation and offering for~~	33787
~~transportation of hazardous materials~~compliance with this chapter	33788
and the rules adopted thereunder.	33789

Sec. 4928.66. (A)(1)(a) Beginning in 2009, an electric	33790
distribution utility shall implement energy efficiency programs	33791
that achieve energy savings equivalent to at least three-tenths of	33792
one per cent of the total, annual average, and normalized	33793
kilowatt-hour sales of the electric distribution utility during	33794
the preceding three calendar years to customers in this state. An	33795
energy efficiency program may include a combined heat and power	33796
system placed into service or retrofitted on or after the	33797
effective date of the amendment of this section by S.B. 315 of the	33798
129th general assembly, September 10, 2012, or a waste energy	33799
recovery system placed into service or retrofitted on or after ~~the~~	33800
~~same date~~September 10, 2012, except that a waste energy recovery	33801
system described in division (A)(38)(b) of section 4928.01 of the	33802
Revised Code may be included only if it was placed into service	33803
between January 1, 2002, and December 31, 2004. For a waste energy	33804
recovery or combined heat and power system, the savings shall be	33805
as estimated by the public utilities commission. The savings	33806
requirement, using such a three-year average, shall increase to an	33807
additional five-tenths of one per cent in 2010, seven-tenths of	33808
one per cent in 2011, eight-tenths of one per cent in 2012,	33809
nine-tenths of one per cent in 2013, one per cent from 2014 to	33810
2018, and two per cent each year thereafter, achieving a	33811
cumulative, annual energy savings in excess of twenty-two per cent	33812
by the end of 2025. ~~For purposes of a waste energy recovery or~~	33813
~~combined heat and power system, an electric distribution utility~~	33814
~~shall not apply more than the total annual percentage of the~~	33815
~~electric distribution utility's industrial-customer load, relative~~	33816
~~to the electric distribution utility's total load, to the annual~~	33817
~~energy savings requirement.~~	33818

(b) Beginning in 2009, an electric distribution utility shall	33819
implement peak demand reduction programs designed to achieve a one	33820
per cent reduction in peak demand in 2009 and an additional	33821
seventy-five hundredths of one per cent reduction each year	33822
through 2018. In 2018, the standing committees in the house of	33823
representatives and the senate primarily dealing with energy	33824
issues shall make recommendations to the general assembly	33825
regarding future peak demand reduction targets.	33826

(2) For the purposes of divisions (A)(1)(a) and (b) of this	33827
section:	33828

(a) The baseline for energy savings under division (A)(1)(a)	33829
of this section shall be the average of the total kilowatt hours	33830
the electric distribution utility sold in the preceding three	33831
calendar years, and the baseline for a peak demand reduction under	33832
division (A)(1)(b) of this section shall be the average peak	33833
demand on the utility in the preceding three calendar years,	33834
except that the commission may reduce either baseline to adjust	33835
for new economic growth in the utility's certified territory.	33836

(b) The commission may amend the benchmarks set forth in	33837
division (A)(1)(a) or (b) of this section if, after application by	33838
the electric distribution utility, the commission determines that	33839
the amendment is necessary because the utility cannot reasonably	33840
achieve the benchmarks due to regulatory, economic, or	33841
technological reasons beyond its reasonable control.	33842

(c) Compliance with divisions (A)(1)(a) and (b) of this	33843
section shall be measured by including the effects of all	33844
demand-response programs for mercantile customers of the subject	33845
electric distribution utility, all waste energy recovery systems	33846
and all combined heat and power systems, and all such mercantile	33847
customer-sited energy efficiency, including waste energy recovery	33848
and combined heat and power, and peak demand reduction programs,	33849
adjusted upward by the appropriate loss factors. Any mechanism	33850
designed to recover the cost of energy efficiency, including waste	33851
energy recovery and combined heat and power, and peak demand	33852
reduction programs under divisions (A)(1)(a) and (b) of this	33853
section may exempt mercantile customers that commit their	33854
demand-response or other customer-sited capabilities, whether	33855
existing or new, for integration into the electric distribution	33856
utility's demand-response, energy efficiency, including waste	33857
energy recovery and combined heat and power, or peak demand	33858
reduction programs, if the commission determines that that	33859
exemption reasonably encourages such customers to commit those	33860
capabilities to those programs. If a mercantile customer makes	33861
such existing or new demand-response, energy efficiency, including	33862
waste energy recovery and combined heat and power, or peak demand	33863
reduction capability available to an electric distribution utility	33864
pursuant to division (A)(2)(c) of this section, the electric	33865
utility's baseline under division (A)(2)(a) of this section shall	33866
be adjusted to exclude the effects of all such demand-response,	33867
energy efficiency, including waste energy recovery and combined	33868
heat and power, or peak demand reduction programs that may have	33869
existed during the period used to establish the baseline. The	33870
baseline also shall be normalized for changes in numbers of	33871
customers, sales, weather, peak demand, and other appropriate	33872
factors so that the compliance measurement is not unduly	33873
influenced by factors outside the control of the electric	33874
distribution utility.	33875

(d) Programs implemented by a utility may include	33876
demand-response programs, smart grid investment programs, provided	33877
that such programs are demonstrated to be cost-beneficial,	33878
customer-sited programs, including waste energy recovery and	33879
combined heat and power systems, and transmission and distribution	33880
infrastructure improvements that reduce line losses. Division	33881
(A)(2)(c) of this section shall be applied to include facilitating	33882
efforts by a mercantile customer or group of those customers to	33883
offer customer-sited demand-response, energy efficiency, including	33884
waste energy recovery and combined heat and power, or peak demand	33885
reduction capabilities to the electric distribution utility as	33886
part of a reasonable arrangement submitted to the commission	33887
pursuant to section 4905.31 of the Revised Code.	33888

(e) No programs or improvements described in division	33889
(A)(2)(d) of this section shall conflict with any statewide	33890
building code adopted by the board of building standards.	33891

(B) In accordance with rules it shall adopt, the public	33892
utilities commission shall produce and docket at the commission an	33893
annual report containing the results of its verification of the	33894
annual levels of energy efficiency and of peak demand reductions	33895
achieved by each electric distribution utility pursuant to	33896
division (A) of this section. A copy of the report shall be	33897
provided to the consumers' counsel.	33898

(C) If the commission determines, after notice and	33899
opportunity for hearing and based upon its report under division	33900
(B) of this section, that an electric distribution utility has	33901
failed to comply with an energy efficiency or peak demand	33902
reduction requirement of division (A) of this section, the	33903
commission shall assess a forfeiture on the utility as provided	33904
under sections 4905.55 to 4905.60 and 4905.64 of the Revised Code,	33905
either in the amount, per day per undercompliance or	33906
noncompliance, relative to the period of the report, equal to that	33907
prescribed for noncompliances under section 4905.54 of the Revised	33908
Code, or in an amount equal to the then existing market value of	33909
one renewable energy credit per megawatt hour of undercompliance	33910
or noncompliance. Revenue from any forfeiture assessed under this	33911
division shall be deposited to the credit of the advanced energy	33912
fund created under section 4928.61 of the Revised Code.	33913

(D) The commission may establish rules regarding the content	33914
of an application by an electric distribution utility for	33915
commission approval of a revenue decoupling mechanism under this	33916
division. Such an application shall not be considered an	33917
application to increase rates and may be included as part of a	33918
proposal to establish, continue, or expand energy efficiency or	33919
conservation programs. The commission by order may approve an	33920
application under this division if it determines both that the	33921
revenue decoupling mechanism provides for the recovery of revenue	33922
that otherwise may be forgone by the utility as a result of or in	33923
connection with the implementation by the electric distribution	33924
utility of any energy efficiency or energy conservation programs	33925
and reasonably aligns the interests of the utility and of its	33926
customers in favor of those programs.	33927

(E) The commission additionally shall adopt rules that	33928
require an electric distribution utility to provide a customer	33929
upon request with two years' consumption data in an accessible	33930
form.	33931

Sec. 5104.03. (A) Any person, firm, organization,	33932
institution, or agency seeking to establish a child day-care	33933
center, type A family day-care home, or licensed type B family	33934
day-care home shall apply for a license to the director of job and	33935
family services on such form as the director prescribes. The	33936
director shall provide at no charge to each applicant for	33937
licensure a copy of the child care license requirements in this	33938
chapter and a copy of the rules adopted pursuant to this chapter.	33939
The copies may be provided in paper or electronic form.	33940

Fees shall be set by the director pursuant to sections	33941
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be	33942
paid at the time of application for a license to operate a center,	33943
type A home, or type B home. Fees collected under this section	33944
shall be paid into the state treasury to the credit of the general	33945
revenue fund.	33946

(B)(1) Upon filing of the application for a license, the	33947
director shall investigate and inspect the center, type A home, or	33948
type B home to determine the license capacity for each age	33949
category of children of the center, type A home, or type B home	33950
and to determine whether the center, type A home, or type B home	33951
complies with this chapter and rules adopted pursuant to this	33952
chapter. When, after investigation and inspection, the director is	33953
satisfied that this chapter and rules adopted pursuant to it are	33954
complied with, subject to division (H) of this section, a license	33955
shall be issued as soon as practicable in such form and manner as	33956
prescribed by the director. The license shall be designated as	33957
provisional and shall be valid for twelve months from the date of	33958
issuance unless revoked.	33959

(2) The director may contract with a government entity or a	33960
private nonprofit entity for the entity to inspect ~~and license~~	33961
type B family day-care homes pursuant to this section. If the	33962
director contracts with a government entity or private nonprofit	33963
entity for that purpose, the entity may contract with another	33964
government entity or private nonprofit entity for the other entity	33965
to inspect type B homes pursuant to this section. The ~~department~~	33966
director, government entity, or private nonprofit entity shall	33967
conduct ~~the~~an inspection prior to the issuance of a license for	33968
~~the~~a type B home and, as part of that inspection, ensure that the	33969
type B home is safe and sanitary.	33970

(C)(1) On receipt of an application for licensure as a type B	33971
family day-care home to provide publicly funded child care, the	33972
~~department~~director shall search the uniform statewide automated	33973
child welfare information system for information concerning any	33974
abuse or neglect report made pursuant to section 2151.421 of the	33975
Revised Code of which the applicant, any other adult residing in	33976
the applicant's home, or a person designated by the applicant to	33977
be an emergency or substitute caregiver for the applicant is the	33978
subject.	33979

(2) The ~~department~~director shall consider any information it	33980
~~discovers~~discovered pursuant to division (C)(1) of this section	33981
or that is provided by a public children services agency pursuant	33982
to section 5153.175 of the Revised Code. If the ~~department~~	33983
director determines that the information, when viewed within the	33984
totality of the circumstances, reasonably leads to the conclusion	33985
that the applicant may directly or indirectly endanger the health,	33986
safety, or welfare of children, the ~~department~~director shall deny	33987
the application for licensure or revoke the license of a type B	33988
family day-care home.	33989

(D) The director shall investigate and inspect the center,	33990
type A home, or type B home at least once during operation under a	33991
license designated as provisional. If after the investigation and	33992
inspection the director determines that the requirements of this	33993
chapter and rules adopted pursuant to this chapter are met,	33994
subject to division (H) of this section, the director shall issue	33995
a new license to the center or home.	33996

(E) Each license shall state the name of the licensee, the	33997
name of the administrator, the address of the center, type A home,	33998
or licensed type B home, and the license capacity for each age	33999
category of children. The license shall include thereon, in	34000
accordance with sections 5104.015, 5104.017, and 5104.018 of the	34001
Revised Code, the toll-free telephone number to be used by persons	34002
suspecting that the center, type A home, or licensed type B home	34003
has violated a provision of this chapter or rules adopted pursuant	34004
to this chapter. A license is valid only for the licensee,	34005
administrator, address, and license capacity for each age category	34006
of children designated on the license. The license capacity	34007
specified on the license is the maximum number of children in each	34008
age category that may be cared for in the center, type A home, or	34009
licensed type B home at one time.	34010

The center or type A home licensee shall notify the director	34011
when the administrator of the center or home changes. The director	34012
shall amend the current license to reflect a change in an	34013
administrator, if the administrator meets the requirements of this	34014
chapter and rules adopted pursuant to this chapter, or a change in	34015
license capacity for any age category of children as determined by	34016
the director of job and family services.	34017

(F) If the director revokes the license of a center, a type A	34018
home, or a type B home, the director shall not issue another	34019
license to the owner of the center, type A home, or type B home	34020
until five years have elapsed from the date the license is	34021
revoked.	34022

If the director denies an application for a license, the	34023
director shall not accept another application from the applicant	34024
until five years have elapsed from the date the application is	34025
denied.	34026

(G) If during the application for licensure process the	34027
director determines that the license of the owner has been	34028
revoked, the investigation of the center, type A home, or type B	34029
home shall cease. This action does not constitute denial of the	34030
application and may not be appealed under division (H) of this	34031
section.	34032

(H) All actions of the director with respect to licensing	34033
centers, type A homes, or type B homes, refusal to license, and	34034
revocation of a license shall be in accordance with Chapter 119.	34035
of the Revised Code. Any applicant who is denied a license or any	34036
owner whose license is revoked may appeal in accordance with	34037
section 119.12 of the Revised Code.	34038

(I) In no case shall the director issue a license under this	34039
section for a center, type A home, or type B home if the director,	34040
based on documentation provided by the appropriate county	34041
department of job and family services, determines that the	34042
applicant had been certified as a type B family day-care home when	34043
such certifications were issued by county departments prior to	34044
January 1, 2014, that the county department revoked that	34045
certification within the immediately preceding five years, that	34046
the revocation was based on the applicant's refusal or inability	34047
to comply with the criteria for certification, and that the	34048
refusal or inability resulted in a risk to the health or safety of	34049
children.	34050

(J)(1) Except as provided in division (J)(2) of this section,	34051
an administrator of a type B family day-care home that receives a	34052
license pursuant to this section to provide publicly funded child	34053
care is an independent contractor and is not an employee of the	34054
department of job and family services.	34055

(2) For purposes of Chapter 4141. of the Revised Code,	34056
determinations concerning the employment of an administrator of a	34057
type B family day-care home that receives a license pursuant to	34058
this section shall be determined under Chapter 4141. of the	34059
Revised Code.	34060

Sec. 5122.36. If the legal residence of a person suffering	34061
from mental illness is in another county of the state, the	34062
necessary expense of the person's return is a proper charge	34063
against the county of legal residence. If an adjudication and	34064
order of hospitalization by the probate court of the county of	34065
temporary residence are required, the regular probate court fees	34066
and expenses incident to the order of hospitalization under this	34067
chapter and any other expense incurred on the person's behalf	34068
shall be charged to and paid by the county of the person's legal	34069
residence upon the approval and certification of the probate judge	34070
of that county. The ordering court shall send to the probate court	34071
of the person's county of legal residence a certified transcript	34072
of all proceedings had in the ordering court. The receiving court	34073
shall enter and record the transcript. The certified transcript is	34074
prima facie evidence of the residence of the person. When the	34075
residence of the person cannot be established as represented by	34076
the ordering court, the matter of residence shall be referred to	34077
the department of mental health and addiction services for	34078
investigation and determination.	34079

Sec. 5123.01. As used in this chapter:

34080

(A) "Chief medical officer" means the licensed physician	34081
appointed by the managing officer of an institution for the	34082
mentally retarded with the approval of the director of	34083
developmental disabilities to provide medical treatment for	34084
residents of the institution.	34085

(B) "Chief program director" means a person with special	34086
training and experience in the diagnosis and management of the	34087
mentally retarded, certified according to division (C) of this	34088
section in at least one of the designated fields, and appointed by	34089
the managing officer of an institution for the mentally retarded	34090
with the approval of the director to provide habilitation and care	34091
for residents of the institution.	34092

(C) "Comprehensive evaluation" means a study, including a	34093
sequence of observations and examinations, of a person leading to	34094
conclusions and recommendations formulated jointly, with	34095
dissenting opinions if any, by a group of persons with special	34096
training and experience in the diagnosis and management of persons	34097
with mental retardation or a developmental disability, which group	34098
shall include individuals who are professionally qualified in the	34099
fields of medicine, psychology, and social work, together with	34100
such other specialists as the individual case may require.	34101

(D) "Education" means the process of formal training and	34102
instruction to facilitate the intellectual and emotional	34103
development of residents.	34104

(E) "Habilitation" means the process by which the staff of	34105
the institution assists the resident in acquiring and maintaining	34106
those life skills that enable the resident to cope more	34107
effectively with the demands of the resident's own person and of	34108
the resident's environment and in raising the level of the	34109
resident's physical, mental, social, and vocational efficiency.	34110
Habilitation includes but is not limited to programs of formal,	34111
structured education and training.	34112

(F) "Health officer" means any public health physician,	34113
public health nurse, or other person authorized or designated by a	34114
city or general health district.	34115

(G) "Home and community-based services" means medicaid-funded	34116
home and community-based services specified in division (A)(1) of	34117
section 5166.20 of the Revised Code provided under the medicaid	34118
waiver components the department of developmental disabilities	34119
administers pursuant to section 5166.21 of the Revised Code.	34120
Except as provided in section 5123.0412 of the Revised Code, home	34121
and community-based services provided under the medicaid waiver	34122
component known as the transitions developmental disabilities	34123
waiver are to be considered to be home and community-based	34124
services for the purposes of this chapter, and Chapters 5124. and	34125
5126. of the Revised Code, only to the extent, if any, provided by	34126
the contract required by section 5166.21 of the Revised Code	34127
regarding the waiver.	34128

(H) "ICF/IID" has the same meaning as in section 5124.01 of	34129
the Revised Code.	34130

(I) "Indigent person" means a person who is unable, without	34131
substantial financial hardship, to provide for the payment of an	34132
attorney and for other necessary expenses of legal representation,	34133
including expert testimony.	34134

(J) "Institution" means a public or private facility, or a	34135
part of a public or private facility, that is licensed by the	34136
appropriate state department and is equipped to provide	34137
residential habilitation, care, and treatment for the mentally	34138
retarded.	34139

(K) "Licensed physician" means a person who holds a valid	34140
certificate issued under Chapter 4731. of the Revised Code	34141
authorizing the person to practice medicine and surgery or	34142
osteopathic medicine and surgery, or a medical officer of the	34143
government of the United States while in the performance of the	34144
officer's official duties.	34145

(L) "Managing officer" means a person who is appointed by the	34146
director of developmental disabilities to be in executive control	34147
of an institution for the mentally retarded under the jurisdiction	34148
of the department.	34149

(M) "Medicaid case management services" means case management	34150
services provided to an individual with mental retardation or	34151
other developmental disability that the state medicaid plan	34152
requires.	34153

(N) "Mentally retarded person" means a person having	34154
significantly subaverage general intellectual functioning existing	34155
concurrently with deficiencies in adaptive behavior, manifested	34156
during the developmental period.	34157

(O) "Mentally retarded person subject to institutionalization	34158
by court order" means a person eighteen years of age or older who	34159
is at least moderately mentally retarded and in relation to whom,	34160
because of the person's retardation, either of the following	34161
conditions exist:	34162

(1) The person represents a very substantial risk of physical	34163
impairment or injury to self as manifested by evidence that the	34164
person is unable to provide for and is not providing for the	34165
person's most basic physical needs and that provision for those	34166
needs is not available in the community;	34167

(2) The person needs and is susceptible to significant	34168
habilitation in an institution.	34169

(P) "A person who is at least moderately mentally retarded"	34170
means a person who is found, following a comprehensive evaluation,	34171
to be impaired in adaptive behavior to a moderate degree and to be	34172
functioning at the moderate level of intellectual functioning in	34173
accordance with standard measurements as recorded in the most	34174
current revision of the manual of terminology and classification	34175
in mental retardation published by the American association on	34176
mental retardation.	34177

(Q) As used in this division, ~~"substantial functional~~	34178
~~limitation,"~~ "developmental delay," ~~and "established risk" have~~	34179
has the ~~meanings~~meaning established pursuant to section 5123.011	34180
of the Revised Code.	34181

"Developmental disability" means a severe, chronic disability	34182
that is characterized by all of the following:	34183

(1) It is attributable to a mental or physical impairment or	34184
a combination of mental and physical impairments, other than a	34185
mental or physical impairment solely caused by mental illness as	34186
defined in division (A) of section 5122.01 of the Revised Code.	34187

(2) It is manifested before age twenty-two.

34188

(3) It is likely to continue indefinitely.

34189

(4) It results in one of the following:

34190

(a) In the case of a person under three years of age, at	34191
least one developmental delay or ~~an established risk~~a diagnosed	34192
physical or mental condition that has a high probability of	34193
resulting in a developmental delay;	34194

(b) In the case of a person at least three years of age but	34195
under six years of age, at least two developmental delays ~~or an~~	34196
~~established risk~~;	34197

(c) In the case of a person six years of age or older, a	34198
substantial functional limitation in at least three of the	34199
following areas of major life activity, as appropriate for the	34200
person's age: self-care, receptive and expressive language,	34201
learning, mobility, self-direction, capacity for independent	34202
living, and, if the person is at least sixteen years of age,	34203
capacity for economic self-sufficiency.	34204

(5) It causes the person to need a combination and sequence	34205
of special, interdisciplinary, or other type of care, treatment,	34206
or provision of services for an extended period of time that is	34207
individually planned and coordinated for the person.	34208

(R) "Developmentally disabled person" means a person with a	34209
developmental disability.	34210

(S) "State institution" means an institution that is	34211
tax-supported and under the jurisdiction of the department.	34212

(T) "Residence" and "legal residence" have the same meaning	34213
as "legal settlement," which is acquired by residing in Ohio for a	34214
period of one year without receiving general assistance prior to	34215
July 17, 1995, under former Chapter 5113. of the Revised Code,	34216
financial assistance under Chapter 5115. of the Revised Code, or	34217
assistance from a private agency that maintains records of	34218
assistance given. A person having a legal settlement in the state	34219
shall be considered as having legal settlement in the assistance	34220
area in which the person resides. No adult person coming into this	34221
state and having a spouse or minor children residing in another	34222
state shall obtain a legal settlement in this state as long as the	34223
spouse or minor children are receiving public assistance, care, or	34224
support at the expense of the other state or its subdivisions. For	34225
the purpose of determining the legal settlement of a person who is	34226
living in a public or private institution or in a home subject to	34227
licensing by the department of job and family services, the	34228
department of mental health and addiction services, or the	34229
department of developmental disabilities, the residence of the	34230
person shall be considered as though the person were residing in	34231
the county in which the person was living prior to the person's	34232
entrance into the institution or home. Settlement once acquired	34233
shall continue until a person has been continuously absent from	34234
Ohio for a period of one year or has acquired a legal residence in	34235
another state. A woman who marries a man with legal settlement in	34236
any county immediately acquires the settlement of her husband. The	34237
legal settlement of a minor is that of the parents, surviving	34238
parent, sole parent, parent who is designated the residential	34239
parent and legal custodian by a court, other adult having	34240
permanent custody awarded by a court, or guardian of the person of	34241
the minor, provided that:	34242

(1) A minor female who marries shall be considered to have	34243
the legal settlement of her husband and, in the case of death of	34244
her husband or divorce, she shall not thereby lose her legal	34245
settlement obtained by the marriage.	34246

(2) A minor male who marries, establishes a home, and who has	34247
resided in this state for one year without receiving general	34248
assistance prior to July 17, 1995, under former Chapter 5113. of	34249
the Revised Code, financial assistance under Chapter 5115. of the	34250
Revised Code, or assistance from a private agency that maintains	34251
records of assistance given shall be considered to have obtained a	34252
legal settlement in this state.	34253

(3) The legal settlement of a child under eighteen years of	34254
age who is in the care or custody of a public or private child	34255
caring agency shall not change if the legal settlement of the	34256
parent changes until after the child has been in the home of the	34257
parent for a period of one year.	34258

No person, adult or minor, may establish a legal settlement	34259
in this state for the purpose of gaining admission to any state	34260
institution.	34261

(U)(1) "Resident" means, subject to division (U)(2) of this	34262
section, a person who is admitted either voluntarily or	34263
involuntarily to an institution or other facility pursuant to	34264
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	34265
Code subsequent to a finding of not guilty by reason of insanity	34266
or incompetence to stand trial or under this chapter who is under	34267
observation or receiving habilitation and care in an institution.	34268

(2) "Resident" does not include a person admitted to an	34269
institution or other facility under section 2945.39, 2945.40,	34270
2945.401, or 2945.402 of the Revised Code to the extent that the	34271
reference in this chapter to resident, or the context in which the	34272
reference occurs, is in conflict with any provision of sections	34273
2945.37 to 2945.402 of the Revised Code.	34274

(V) "Respondent" means the person whose detention,	34275
commitment, or continued commitment is being sought in any	34276
proceeding under this chapter.	34277

(W) "Working day" and "court day" mean Monday, Tuesday,	34278
Wednesday, Thursday, and Friday, except when such day is a legal	34279
holiday.	34280

(X) "Prosecutor" means the prosecuting attorney, village	34281
solicitor, city director of law, or similar chief legal officer	34282
who prosecuted a criminal case in which a person was found not	34283
guilty by reason of insanity, who would have had the authority to	34284
prosecute a criminal case against a person if the person had not	34285
been found incompetent to stand trial, or who prosecuted a case in	34286
which a person was found guilty.	34287

(Y) "Court" means the probate division of the court of common	34288
pleas.	34289

(Z) "Supported living" and "residential services" have the	34290
same meanings as in section 5126.01 of the Revised Code.	34291

Sec. 5123.011. The director of developmental disabilities	34292
shall adopt rules in accordance with Chapter 119. of the Revised	34293
Code ~~that establish definitions of "substantial functional~~	34294
~~limitation,"~~to do both of the following:	34295

(A) Define "developmental delay~~," "established risk,"~~	34296
~~"biological risk," and "environmental risk.~~";	34297

(B) For the purpose of division (Q)(4)(c) of section 5123.01	34298
and division (F)(4)(c) of section 5126.01 of the Revised Code,	34299
specify how to determine whether a person six years of age or	34300
older has a substantial functional limitation in a major life	34301
activity as appropriate for the person's age.	34302

Sec. 5123.012. (A) As used in this section:

34303

~~(1) "Biological risk" and "environmental risk" have the~~	34304
~~meanings established pursuant to section 5123.011 of the Revised~~	34305
~~Code.~~	34306

~~(2) "Preschool~~, "preschool child with a disability" has the	34307
same meaning as in section 3323.01 of the Revised Code.	34308

(B) Except as provided in division (C) of this section, the	34309
department of developmental disabilities shall make eligibility	34310
determinations in accordance with the definition of "developmental	34311
disability" in section 5123.01 of the Revised Code. The department	34312
may adopt rules in accordance with Chapter 119. of the Revised	34313
Code establishing eligibility for programs and services for ~~either~~	34314
~~of the following:~~	34315

~~(1) Individuals under age six who have a biological risk or~~	34316
~~environmental risk of a developmental delay;~~	34317

~~(2) Any~~any preschool child with a disability eligible for	34318
services under section 3323.02 of the Revised Code whose	34319
disability is not attributable solely to mental illness as defined	34320
in section 5122.01 of the Revised Code.	34321

(C)(1) The department shall make determinations of	34322
eligibility for protective services in accordance with sections	34323
5123.55 to 5123.59 of the Revised Code.	34324

(2) Determinations of whether a mentally retarded person is	34325
subject to institutionalization by court order shall be made in	34326
accordance with sections 5123.71 to 5123.76 of the Revised Code	34327
and shall be based on the definition of "mentally retarded person	34328
subject to institutionalization by court order" in section 5123.01	34329
of the Revised Code.	34330

(3) All persons who were eligible for services and enrolled	34331
in programs offered by the department of developmental	34332
disabilities pursuant to this chapter on July 1, 1991, shall	34333
continue to be eligible for those services and to be enrolled in	34334
those programs as long as they are in need of services.	34335

Sec. 5123.0420. As used in this section, "evidence-based	34336
intervention" means a prevention or treatment service that has	34337
been demonstrated through scientific evaluation to produce a	34338
positive outcome.	34339

The department of developmental disabilities shall establish	34340
a voluntary training and certification program for individuals who	34341
provide evidence-based interventions to individuals with an autism	34342
spectrum disorder. The department shall administer the program or	34343
contract with a person or other government entity to administer	34344
the program. The program shall not conflict with or duplicate any	34345
other certification or licensure process administered by the	34346
state.	34347

The director of developmental disabilities may adopt rules as	34348
necessary to implement this section. If the director adopts rules,	34349
the rules shall be adopted in accordance with Chapter 119. of the	34350
Revised Code.	34351

Sec. 5123.081. (A) As used in this section:

34352

(1)(a) "Applicant" means any of the following:

34353

(i) A person who is under final consideration for appointment	34354
to or ~~employment with~~hiring by the department of developmental	34355
disabilities or a county board of developmental disabilities;	34356

(ii) A person who is being transferred to the department or a	34357
county board;	34358

(iii) An employee who is being recalled to or reemployed by	34359
the department or a county board after a layoff;	34360

(iv) A person under final consideration for a direct services	34361
position with a provider or subcontractor.	34362

(b) Neither of the following is an applicant:

34363

(i) A person who is employed by a responsible entity in a	34364
position for which a criminal records check is required by this	34365
section and either is being considered for a different position	34366
with the responsible entity or is returning after a leave of	34367
absence or seasonal break in employment, unless the responsible	34368
entity has reason to believe that the person has committed a	34369
disqualifying offense;	34370

(ii) A person who is to provide only respite care under a	34371
family support services program established under section 5126.11	34372
of the Revised Code if a family member of the individual with	34373
mental retardation or a developmental disability who is to receive	34374
the respite care selects the person.	34375

(2) "Criminal records check" has the same meaning as in	34376
section 109.572 of the Revised Code.	34377

(3) "Direct services position" means an employment position	34378
in which the employee has the opportunity to be alone with or	34379
exercises supervision or control over one or more individuals with	34380
mental retardation or a developmental disability.	34381

(4) "Disqualifying offense" means any of the offenses listed	34382
or described in divisions (A)(3)(a) to (e) of section 109.572 of	34383
the Revised Code.	34384

(5)(a) "Employee" means either of the following:

34385

(i) A person appointed to or employed by the department of	34386
developmental disabilities or a county board of developmental	34387
disabilities;	34388

(ii) A person employed in a direct services position by a	34389
provider or subcontractor.	34390

(b) "Employee" does not mean a person who provides only	34391
respite care under a family support services program established	34392
under section 5126.11 of the Revised Code if a family member of	34393
the individual with mental retardation or a developmental	34394
disability who receives the respite care selected the person.	34395

(6) "Minor drug possession offense" has the same meaning as	34396
in section 2925.01 of the Revised Code.	34397

(7) "Provider" means a person that provides specialized	34398
services to individuals with mental retardation or a developmental	34399
disability and employs one or more persons in direct services	34400
positions.	34401

(8) "Responsible entity" means the following:

34402

(a) The department of developmental disabilities in the case	34403
of either of the following:	34404

(i) A person who is an applicant because the department is	34405
giving the person ~~is under~~ final consideration for appointment to	34406
or ~~employment with~~being hired by the department, the person is	34407
being transferred to the department, or the person is being	34408
recalled to or reemployed by the department after a layoff;	34409

(ii) A person who is an employee because the person is	34410
appointed to or employed by the department.	34411

(b) A county board of developmental disabilities in the case	34412
of either of the following:	34413

(i) A person who is an applicant because the county board is	34414
giving the person ~~is under~~ final consideration for appointment to	34415
or ~~employment with~~being hired by the county board, the person is	34416
being transferred to the county board, or the person is being	34417
recalled to or reemployed by the county board after a layoff;	34418

(ii) A person who is an employee because the person is	34419
appointed to or employed by the county board.	34420

34421

(i) A person who is an applicant because the provider is	34422
giving the person ~~is under~~ final consideration for being hired	34423
into a direct services position with the provider;	34424

(ii) A person who is an employee because the provider employs	34425
the person ~~is employed~~ in a direct services position ~~by the~~	34426
~~provider~~.	34427

(d) A subcontractor in the case of either of the following:

34428

(i) A person who is an applicant because the subcontractor is	34429
giving the person ~~is under~~ final consideration for being hired	34430
into a direct services position with the subcontractor;	34431

(ii) A person who is an employee because the subcontractor	34432
employs the person ~~is employed~~ in a direct services position by	34433
~~the subcontractor~~.	34434

(9) "Specialized services" means any program or service	34435
designed and operated to serve primarily individuals with mental	34436
retardation or a developmental disability, including a program or	34437
service provided by an entity licensed or certified by the	34438
department of developmental disabilities. If there is a question	34439
as to whether a provider or subcontractor is providing specialized	34440
services, the provider or subcontractor may request that the	34441
director of developmental disabilities make a determination. The	34442
director's determination is final.	34443

(10) "Subcontractor" means a person to which both of the	34444
following apply:	34445

(a) The person has either of the following:

34446

(i) A subcontract with a provider to provide specialized	34447
services included in the contract between the provider and the	34448
department of developmental disabilities or a county board of	34449
developmental disabilities;	34450

(ii) A subcontract with another subcontractor to provide	34451
specialized services included in a subcontract between the other	34452
subcontractor and a provider or other subcontractor.	34453

(b) The person employs one or more persons in direct services	34454
positions.	34455

(B) A responsible entity shall not ~~employ~~hire an applicant	34456
or ~~continue to employ~~retain an employee if either of the	34457
following applies:	34458

(1) The applicant or employee fails to comply with division	34459
(D)(3) of this section.	34460

(2) Except as provided in rules adopted under this section,	34461
the applicant or employee is found by a criminal records check	34462
required by this section to have been convicted of,or pleaded	34463
guilty to~~, or been found eligible for intervention in lieu of~~	34464
~~conviction for~~ a disqualifying offense.	34465

(C) Before ~~employing~~hiring an applicant ininto a position	34466
for which a criminal records check is required by this section, a	34467
responsible entity shall require the applicant to submit a	34468
statement with the applicant's signature attesting that the	34469
applicant has not been convicted of,or pleaded guilty to~~, or been~~	34470
~~found eligible for intervention in lieu of conviction for~~ a	34471
disqualifying offense. The responsible entity also shall require	34472
the applicant to sign an agreement under which the applicant	34473
agrees to notify the responsible entity within fourteen calendar	34474
days if, after being hired and while employed by the responsible	34475
entity, the applicant is formally charged with, is convicted of,	34476
or pleads guilty to~~, or is found eligible for intervention in lieu~~	34477
~~of conviction for~~ a disqualifying offense. The agreement shall	34478
provide that the applicant's failure to provide the notification	34479
may result in termination of the applicant's employment.	34480

(D)(1) As a condition ~~of employing~~for hiring any applicant	34481
ininto a position for which a criminal records check is required	34482
by this section, a responsible entity shall request the	34483
superintendent of the bureau of criminal identification and	34484
investigation to conduct a criminal records check of the	34485
applicant. If rules adopted under this section require an employee	34486
to undergo a criminal records check, a responsible entity shall	34487
request the superintendent to conduct a criminal records check of	34488
the employee at times specified in the rules as a condition of the	34489
responsible entity's ~~continuing to employ~~retaining the employee	34490
in a position for which a criminal records check is required by	34491
this section. If an applicant or employee does not present proof	34492
that the applicant or employee has been a resident of this state	34493
for the five-year period immediately prior to the date upon which	34494
the criminal records check is requested, the responsible entity	34495
shall request that the superintendent obtain information from the	34496
federal bureau of investigation as a part of the criminal records	34497
check. If the applicant or employee presents proof that the	34498
applicant or employee has been a resident of this state for that	34499
five-year period, the responsible entity may request that the	34500
superintendent include information from the federal bureau of	34501
investigation in the criminal records check. For purposes of this	34502
division, an applicant or employee may provide proof of residency	34503
in this state by presenting, with a notarized statement asserting	34504
that the applicant or employee has been a resident of this state	34505
for that five-year period, a valid driver's license, notification	34506
of registration as an elector, a copy of an officially filed	34507
federal or state tax form identifying the applicant's or	34508
employee's permanent residence, or any other document the	34509
responsible entity considers acceptable.	34510

(2) A responsible entity shall do all of the following:

34511

(a) Provide to each applicant and employee for whom a	34512
criminal records check is required by this section a copy of the	34513
form prescribed pursuant to division (C)(1) of section 109.572 of	34514
the Revised Code and a standard impression sheet to obtain	34515
fingerprint impressions prescribed pursuant to division (C)(2) of	34516
section 109.572 of the Revised Code;	34517

(b) Obtain the completed form and standard impression sheet	34518
from the applicant or employee;	34519

(c) Forward the completed form and standard impression sheet	34520
to the superintendent at the time the criminal records check is	34521
requested.	34522

(3) Any applicant or employee who receives pursuant to this	34523
division a copy of the form prescribed pursuant to division (C)(1)	34524
of section 109.572 of the Revised Code and a copy of the standard	34525
impression sheet prescribed pursuant to division (C)(2) of that	34526
section and who is requested to complete the form and provide a	34527
set of the applicant's or employee's fingerprint impressions shall	34528
complete the form or provide all the information necessary to	34529
complete the form and shall provide the standard impression sheet	34530
with the impressions of the applicant's or employee's	34531
fingerprints.	34532

(4) A responsible entity shall pay to the bureau of criminal	34533
identification and investigation the fee prescribed pursuant to	34534
division (C)(3) of section 109.572 of the Revised Code for each	34535
criminal records check requested and conducted pursuant to this	34536
section.	34537

(E) A responsible entity may request any other state or	34538
federal agency to supply the responsible entity with a written	34539
report regarding the criminal record of an applicant or employee.	34540
If an employee holds an occupational or professional license or	34541
other credentials, the responsible entity may request that the	34542
state or federal agency that regulates the employee's occupation	34543
or profession supply the responsible entity with a written report	34544
of any information pertaining to the employee's criminal record	34545
that the agency obtains in the course of conducting an	34546
investigation or in the process of renewing the employee's license	34547
or other credentials. The responsible entity may consider the	34548
reports when determining whether to employ the applicant or to	34549
continue to employ the employee.	34550

(F) As a condition of ~~employing~~hiring an applicant ininto a	34551
position for which a criminal records check is required by this	34552
section and that involves transporting individuals with mental	34553
retardation or developmental disabilities or operating a	34554
responsible entity's vehicles for any purpose, the responsible	34555
entity shall obtain the applicant's driving record from the bureau	34556
of motor vehicles. If rules adopted under this section require a	34557
responsible entity to obtain an employee's driving record, the	34558
responsible entity shall obtain the employee's driving record from	34559
the bureau at times specified in the rules as a condition of	34560
continuing to employ the employee. The responsible entity may	34561
consider the applicant's or employee's driving record when	34562
determining whether to employ the applicant or to continue to	34563
employ the employee.	34564

(G) A responsible entity may ~~employ an applicant~~	34565
conditionally hire an applicant pending receipt of a report	34566
regarding the applicant requested under this section. The	34567
responsible entity shall ~~terminate the applicant's employment~~	34568
remove the conditionally hired applicant from any job duties that	34569
require a report under this section if it is determined from a	34570
report that the applicant failed to inform the responsible entity	34571
that the applicant had been convicted of,or pleaded guilty to~~, or~~	34572
~~been found eligible for intervention in lieu of conviction for~~ a	34573
disqualifying offense.	34574

(H) A responsible entity may charge an applicant a fee for	34575
costs the responsible entity incurs in obtaining a report	34576
regarding the applicant under this section if the responsible	34577
entity notifies the applicant of the amount of the fee at the time	34578
of the applicant's initial application for ~~employment~~hiring into	34579
the position in question and that, unless the fee is paid, the	34580
responsible entity will not consider the applicant for ~~employment~~	34581
the hiring. The fee shall not exceed the amount of the fee, if	34582
any, the responsible entity pays for the report.	34583

(I)(1) Any report obtained pursuant to this section is not a	34584
public record for purposes of section 149.43 of the Revised Code	34585
and shall not be made available to any person, other than the	34586
following:	34587

(a) The applicant or employee who is the subject of the	34588
report or the applicant's or employee's representative;	34589

(b) The responsible entity that requested the report or its	34590
representative;	34591

(c) The department if a county board, provider, or	34592
subcontractor is the responsible entity that requested the report	34593
and the department requests the responsible entity to provide a	34594
copy of the report to the department;	34595

(d) A county board if a provider or subcontractor is the	34596
responsible entity that requested the report and the county board	34597
requests the responsible entity to provide a copy of the report to	34598
the county board;	34599

(e) Any court, hearing officer, or other necessary individual	34600
involved in a case dealing with any of the following:	34601

(i) The denial of ~~employment to~~hiring of the applicant or of	34602
retention of the employee;	34603

(ii) The denial, suspension, or revocation of a certificate	34604
under section 5123.166 or 5123.45 of the Revised Code;	34605

(iii) A civil or criminal action regarding the medicaid	34606
program or a program the department administers.	34607

(2) An applicant or employee for whom the responsible entity	34608
has obtained reports under this section may submit a written	34609
request to the responsible entity to have copies of the reports	34610
sent to any state agency, entity of local government, or private	34611
entity. The applicant or employee shall specify in the request the	34612
agencies or entities to which the copies are to be sent. On	34613
receiving the request, the responsible entity shall send copies of	34614
the reports to the agencies or entities specified.	34615

(3) A responsible entity may request that a state agency,	34616
entity of local government, or private entity send copies to the	34617
responsible entity of any report regarding a records check or	34618
criminal records check that the agency or entity possesses, if the	34619
responsible entity obtains the written consent of the individual	34620
who is the subject of the report.	34621

(4) A responsible entity shall provide each applicant and	34622
employee with a copy of any report obtained about the applicant or	34623
employee under this section.	34624

(J) The director of developmental disabilities shall adopt	34625
rules in accordance with Chapter 119. of the Revised Code to	34626
implement this section.	34627

(1) The rules may do the following:

34628

(a) Require employees to undergo criminal records checks	34629
under this section;	34630

(b) Require responsible entities to obtain the driving	34631
records of employees under this section;	34632

(c) If the rules require employees to undergo criminal	34633
records checks, require responsible entities to obtain the driving	34634
records of employees, or both, exempt one or more classes of	34635
employees from the requirements.	34636

(2) The rules shall do both of the following:

34637

(a) If the rules require employees to undergo criminal	34638
records checks, require responsible entities to obtain the driving	34639
records of employees, or both, specify the times at which the	34640
criminal records checks are to be conducted and the driving	34641
records are to be obtained;	34642

(b) Specify circumstances under which a responsible entity	34643
may ~~employ~~hire an applicant or retain an employee who is found by	34644
a criminal records check required by this section to have been	34645
convicted of,or pleaded guilty to~~, or been found eligible for~~	34646
~~intervention in lieu of conviction for~~ a disqualifying offense but	34647
meets standards in regard to rehabilitation set by the director.	34648

Sec. 5123.16. (A) As used in sections 5123.16 to 5123.1610	34649
of the Revised Code:	34650

(1) "Applicant" means any of the following:

34651

(a) The chief executive officer of a business that applies	34652
under section 5123.161 of the Revised Code for a certificate to	34653
provide supported living;	34654

(b) The chief executive officer of a business that seeks	34655
renewal of the business's supported living certificate under	34656
section 5123.164 of the Revised Code;	34657

(c) An individual who applies under section 5123.161 of the	34658
Revised Code for a certificate to provide supported living as an	34659
independent provider;	34660

(d) An independent provider who seeks renewal of the	34661
independent provider's supported living certificate under section	34662
5123.164 of the Revised Code.	34663

(2)~~(a)~~ "Business" means ~~either of the following:~~

34664

~~(i) An~~an association, corporation, nonprofit organization,	34665
partnership, trust, or other group of persons;	34666

~~(ii) An individual who employs, directly or through contract,~~	34667
~~one or more other individuals to provide supported living.~~	34668

~~(b)~~. "Business" does not mean an independent provider.

34669

(3) "Criminal records check" has the same meaning as in	34670
section 109.572 of the Revised Code.	34671

(4) "Disqualifying offense" means any of the offenses listed	34672
or described in divisions (A)(3)(a) to (e) of section 109.572 of	34673
the Revised Code.	34674

(5) "Independent provider" means a provider who provides	34675
supported living on a self-employed basis and does not employ,	34676
directly or through contract, another ~~individual~~person to provide	34677
the supported living.	34678

(6) "Provider" means a person or government entity certified	34679
by the director of developmental disabilities to provide supported	34680
living. For the purpose of division (A)(8) of this section,	34681
"provider" includes a person or government entity that seeks or	34682
previously held a certificate to provide supported living.	34683

(7) "Minor drug possession offense" has the same meaning as	34684
in section 2925.01 of the Revised Code.	34685

(8) "Related party" means any of the following:

34686

(a) In the case of a provider who is an individual, any of	34687
the following:	34688

(i) The spouse of the provider;

34689

(ii) A parent or stepparent of the provider or provider's	34690
spouse;	34691

(iii) A child of the provider or provider's spouse;

34692

(iv) A sibling, half sibling, or stepsibling of the provider	34693
or provider's spouse;	34694

(v) A grandparent of the provider or provider's spouse;

34695

(vi) A grandchild of the provider or provider's spouse;

34696

~~(vii) An employee or employer of the provider or provider's~~	34697
~~spouse~~.	34698

(b) In the case of a provider that is a person other than an	34699
individual, any of the following:	34700

(i) ~~An employee of the person~~Any person or government entity	34701
that directly or indirectly controls the provider's day-to-day	34702
operations (including as a general manager, business manager,	34703
financial manager, administrator, or director), regardless of	34704
whether the person or government entity exercises the control	34705
pursuant to a contract or other arrangement and regardless of	34706
whether the person or government entity is required to file an	34707
Internal Revenue Code form W-2 for the provider;	34708

(ii) An officer of the provider, including the chief	34709
executive officer, president, vice-president, secretary, and	34710
treasurer;	34711

(iii) A member of the provider's board of directors or	34712
trustees;	34713

(iv) A person owning a financial interest of five per cent or	34714
more in the provider, including a direct, indirect, security, or	34715
mortgage financial interest;	34716

(v) ~~A corporation that has a subsidiary relationship with the~~	34717
~~provider;~~	34718

~~(vi) A person or government entity that has control over the~~	34719
~~provider's day-to-day operation;~~	34720

~~(vii)~~The spouse, parent, stepparent, child, sibling, half	34721
sibling, stepsibling, grandparent, or grandchild of any of the	34722
persons specified in divisions (A)(8)(b)(i) to (iv) of this	34723
section;	34724

(vi) A person over which the provider has control of the	34725
day-to-day operation;	34726

(vii) A corporation that has a subsidiary relationship with	34727
the provider.	34728

(c) In the case of a provider that is a government entity,	34729
any of the following:	34730

(i) ~~An employee of the provider~~Any person or government	34731
entity that directly or indirectly controls the provider's	34732
day-to-day operations (including as a general manager, financial	34733
manager, administrator, or director), regardless of whether the	34734
person or government entity exercises the control pursuant to a	34735
contract or other arrangement;	34736

(ii) An officer of the provider;

34737

(iii) A member of the provider's governing board;

34738

(iv) ~~A government entity that has control over the provider's~~	34739
~~day-to-day operation;~~	34740

~~(v)~~ A person or government entity over which the provider has	34741
control of the day-to-day operation.	34742

(B) No person or government entity may provide supported	34743
living without a valid supported living certificate issued by the	34744
director of developmental disabilities.	34745

(C) A county board of developmental disabilities may provide	34746
supported living only to the extent permitted by rules adopted	34747
under section 5123.1610 of the Revised Code.	34748

Sec. 5123.162. (A) The director of developmental	34749
disabilities may conduct surveys of persons and government	34750
entities that seek a supported living certificate to determine	34751
whether the persons and government entities meet the certification	34752
standards. The director may also conduct surveys of providers to	34753
determine whether the providers continue to meet the certification	34754
standards. The director shall conduct the surveys in accordance	34755
with rules adopted under section 5123.1610 of the Revised Code.	34756

(B) Following each survey of a provider, the director shall	34757
issue a report listing the date of the survey and any citations	34758
issued as a result of the survey. Except when the director	34759
initiates a proceeding to revoke a provider's certification, the	34760
director shall do all of the following:	34761

(1) Specify a date by which the provider may appeal any of	34762
the citations;	34763

(2) Specify a timetable within which the provider must submit	34764
a plan of correction describing how the problems specified in the	34765
citations will be corrected;	34766

(3) When appropriate, specify a timetable within which the	34767
provider must correct the problems specified in the citations.	34768

(C) If the director initiates a proceeding to revoke a	34769
provider's certification, the director shall include the report	34770
required by division (B) of this section with the notice of the	34771
proposed revocation the director sends the provider. In this	34772
circumstance, the provider may not appeal the citations or submit	34773
a plan of correction.	34774

(D) After a plan of correction is submitted, the director	34775
shall approve or disapprove the plan. If the plan of correction is	34776
approved, a copy of the approved plan shall be provided, not later	34777
than five business days after it is approved, to any person or	34778
government entity that requests it and made available on the	34779
internet web site maintained by the department of developmental	34780
disabilities. If the plan of correction is not approved and the	34781
director initiates a proceeding to revoke the provider's	34782
certification, a copy of the survey report shall be provided to	34783
any person or government entity that requests it and made	34784
available on the internet web site maintained by the department.	34785

~~The~~(E) In addition to survey reports described in this	34786
section, all other records ofassociated with surveys conducted	34787
under this section are public records for the purpose of section	34788
149.43 of the Revised Code and shall be made available on the	34789
request of any person or government entity.	34790

Sec. 5123.169. (A) The director of developmental	34791
disabilities shall not issue a supported living certificate to an	34792
applicant or renew an applicant's supported living certificate if	34793
either of the following applies:	34794

(1) The applicant fails to comply with division (C)(2) of	34795
this section;	34796

(2) Except as provided in rules adopted under section	34797
5123.1610 of the Revised Code, the applicant is found by a	34798
criminal records check required by this section to have been	34799
convicted of,or pleaded guilty to~~, or been found eligible for~~	34800
~~intervention in lieu of conviction for~~ a disqualifying offense.	34801

(B) Before issuing a supported living certificate to an	34802
applicant or renewing an applicant's supported living certificate,	34803
the director shall require the applicant to submit a statement	34804
with the applicant's signature attesting that the applicant has	34805
not been convicted of,or pleaded guilty to~~, or been found~~	34806
~~eligible for intervention in lieu of conviction for~~ a	34807
disqualifying offense. The director also shall require the	34808
applicant to sign an agreement under which the applicant agrees to	34809
notify the director within fourteen calendar days if, while	34810
holding a supported living certificate, the applicant is formally	34811
charged with, is convicted of, or pleads guilty to~~, or is found~~	34812
~~eligible for intervention in lieu of conviction for~~ a	34813
disqualifying offense. The agreement shall provide that the	34814
applicant's failure to provide the notification may result in	34815
action being taken by the director against the applicant under	34816
section 5123.166 of the Revised Code.	34817

(C)(1) As a condition of receiving a supported living	34818
certificate or having a supported living certificate renewed, an	34819
applicant shall request the superintendent of the bureau of	34820
criminal identification and investigation to conduct a criminal	34821
records check of the applicant. If an applicant does not present	34822
proof to the director that the applicant has been a resident of	34823
this state for the five-year period immediately prior to the date	34824
that the applicant applies for issuance or renewal of the	34825
supported living certificate, the director shall require the	34826
applicant to request that the superintendent obtain information	34827
from the federal bureau of investigation as a part of the criminal	34828
records check. If the applicant presents proof to the director	34829
that the applicant has been a resident of this state for that	34830
five-year period, the director may require the applicant to	34831
request that the superintendent include information from the	34832
federal bureau of investigation in the criminal records check. For	34833
purposes of this division, an applicant may provide proof of	34834
residency in this state by presenting, with a notarized statement	34835
asserting that the applicant has been a resident of this state for	34836
that five-year period, a valid driver's license, notification of	34837
registration as an elector, a copy of an officially filed federal	34838
or state tax form identifying the applicant's permanent residence,	34839
or any other document the director considers acceptable.	34840

(2) Each applicant shall do all of the following:

34841

(a) Obtain a copy of the form prescribed pursuant to division	34842
(C)(1) of section 109.572 of the Revised Code and a standard	34843
impression sheet prescribed pursuant to division (C)(2) of section	34844
109.572 of the Revised Code;	34845

(b) Complete the form and provide the applicant's fingerprint	34846
impressions on the standard impression sheet;	34847

(c) Forward the completed form and standard impression sheet	34848
to the superintendent at the time the criminal records check is	34849
requested;	34850

(d) Instruct the superintendent to submit the completed	34851
report of the criminal records check directly to the director;	34852

(e) Pay to the bureau of criminal identification and	34853
investigation the fee prescribed pursuant to division (C)(3) of	34854
section 109.572 of the Revised Code for each criminal records	34855
check of the applicant requested and conducted pursuant to this	34856
section.	34857

(D) The director may request any other state or federal	34858
agency to supply the director with a written report regarding the	34859
criminal record of an applicant. The director may consider the	34860
reports when determining whether to issue a supported living	34861
certificate to the applicant or to renew an applicant's supported	34862
living certificate.	34863

(E) An applicant who seeks to be an independent provider or	34864
is an independent provider seeking renewal of the applicant's	34865
supported living certificate shall obtain the applicant's driving	34866
record from the bureau of motor vehicles and provide a copy of the	34867
record to the director if the supported living that the applicant	34868
will provide involves transporting individuals with mental	34869
retardation or developmental disabilities. The director may	34870
consider the applicant's driving record when determining whether	34871
to issue the applicant a supported living certificate or to renew	34872
the applicant's supported living certificate.	34873

(F)(1) A report obtained pursuant to this section is not a	34874
public record for purposes of section 149.43 of the Revised Code	34875
and shall not be made available to any person, other than the	34876
following:	34877

(a) The applicant who is the subject of the report or the	34878
applicant's representative;	34879

(b) The director or the director's representative;

34880

(c) Any court, hearing officer, or other necessary individual	34881
involved in a case dealing with any of the following:	34882

(i) The denial of a supported living certificate or refusal	34883
to renew a supported living certificate;	34884

(ii) The denial, suspension, or revocation of a certificate	34885
under section 5123.45 of the Revised Code;	34886

(iii) A civil or criminal action regarding the medicaid	34887
program.	34888

(2) An applicant for whom the director has obtained reports	34889
under this section may submit a written request to the director to	34890
have copies of the reports sent to any person or state or local	34891
government entity. The applicant shall specify in the request the	34892
person or entities to which the copies are to be sent. On	34893
receiving the request, the director shall send copies of the	34894
reports to the persons or entities specified.	34895

(3) The director may request that a person or state or local	34896
government entity send copies to the director of any report	34897
regarding a records check or criminal records check that the	34898
person or entity possesses, if the director obtains the written	34899
consent of the individual who is the subject of the report.	34900

(4) The director shall provide each applicant with a copy of	34901
any report obtained about the applicant under this section.	34902

Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of	34903
the Revised Code:	34904

(1) "Independent living arrangement" means an arrangement in	34905
which a mentally retarded or developmentally disabled person	34906
resides in an individualized setting chosen by the person or the	34907
person's guardian, which is not dedicated principally to the	34908
provision of residential services for mentally retarded or	34909
developmentally disabled persons, and for which no financial	34910
support is received for rendering such service from any	34911
governmental agency by a provider of residential services.	34912

(2) "Licensee" means the person or government agency that has	34913
applied for a license to operate a residential facility and to	34914
which the license was issued under this section.	34915

(3) "Political subdivision" means a municipal corporation,	34916
county, or township.	34917

(4) "Related party" has the same meaning as in section	34918
5123.16 of the Revised Code except that "provider" as used in the	34919
definition of "related party" means a person or government entity	34920
that held or applied for a license to operate a residential	34921
facility, rather than a person or government entity certified to	34922
provide supported living.	34923

(5)(a) Except as provided in division (A)(5)(b) of this	34924
section, "residential facility" means a home or facility,	34925
including an ICF/IID, in which an individual with mental	34926
retardation or a developmental disability resides.	34927

(b) "Residential facility" does not mean any of the	34928
following:	34929

(i) The home of a relative or legal guardian in which an	34930
individual with mental retardation or a developmental disability	34931
resides;	34932

(ii) A respite care home certified under section 5126.05 of	34933
the Revised Code;	34934

(iii) A county home or district home operated pursuant to	34935
Chapter 5155. of the Revised Code;	34936

(iv) A dwelling in which the only residents with mental	34937
retardation or developmental disabilities are in independent	34938
living arrangements or are being provided supported living.	34939

(B) Every person or government agency desiring to operate a	34940
residential facility shall apply for licensure of the facility to	34941
the director of developmental disabilities unless the residential	34942
facility is subject to section 3721.02, 5103.03, 5119.33, or	34943
division (A)(9)(b) of section 5119.34 of the Revised Code.	34944

(C) Subject to section 5123.196 of the Revised Code, the	34945
director of developmental disabilities shall license the operation	34946
of residential facilities. An initial license shall be issued for	34947
a period that does not exceed one year, unless the director denies	34948
the license under division (D) of this section. A license shall be	34949
renewed for a period that does not exceed three years, unless the	34950
director refuses to renew the license under division (D) of this	34951
section. The director, when issuing or renewing a license, shall	34952
specify the period for which the license is being issued or	34953
renewed. A license remains valid for the length of the licensing	34954
period specified by the director, unless the license is	34955
terminated, revoked, or voluntarily surrendered.	34956

(D) If it is determined that an applicant or licensee is not	34957
in compliance with a provision of this chapter that applies to	34958
residential facilities or the rules adopted under such a	34959
provision, the director may deny issuance of a license, refuse to	34960
renew a license, terminate a license, revoke a license, issue an	34961
order for the suspension of admissions to a facility, issue an	34962
order for the placement of a monitor at a facility, issue an order	34963
for the immediate removal of residents, or take any other action	34964
the director considers necessary consistent with the director's	34965
authority under this chapter regarding residential facilities. In	34966
the director's selection and administration of the sanction to be	34967
imposed, all of the following apply:	34968

(1) The director may deny, refuse to renew, or revoke a	34969
license, if the director determines that the applicant or licensee	34970
has demonstrated a pattern of serious noncompliance or that a	34971
violation creates a substantial risk to the health and safety of	34972
residents of a residential facility.	34973

(2) The director may terminate a license if more than twelve	34974
consecutive months have elapsed since the residential facility was	34975
last occupied by a resident or a notice required by division (K)	34976
of this section is not given.	34977

(3) The director may issue an order for the suspension of	34978
admissions to a facility for any violation that may result in	34979
sanctions under division (D)(1) of this section and for any other	34980
violation specified in rules adopted under division (H)(2) of this	34981
section. If the suspension of admissions is imposed for a	34982
violation that may result in sanctions under division (D)(1) of	34983
this section, the director may impose the suspension before	34984
providing an opportunity for an adjudication under Chapter 119. of	34985
the Revised Code. The director shall lift an order for the	34986
suspension of admissions when the director determines that the	34987
violation that formed the basis for the order has been corrected.	34988

(4) The director may order the placement of a monitor at a	34989
residential facility for any violation specified in rules adopted	34990
under division (H)(2) of this section. The director shall lift the	34991
order when the director determines that the violation that formed	34992
the basis for the order has been corrected.	34993

(5) If the director determines that two or more residential	34994
facilities owned or operated by the same person or government	34995
entity are not being operated in compliance with a provision of	34996
this chapter that applies to residential facilities or the rules	34997
adopted under such a provision, and the director's findings are	34998
based on the same or a substantially similar action, practice,	34999
circumstance, or incident that creates a substantial risk to the	35000
health and safety of the residents, the director shall conduct a	35001
survey as soon as practicable at each residential facility owned	35002
or operated by that person or government entity. The director may	35003
take any action authorized by this section with respect to any	35004
facility found to be operating in violation of a provision of this	35005
chapter that applies to residential facilities or the rules	35006
adopted under such a provision.	35007

(6) When the director initiates license revocation	35008
proceedings, no opportunity for submitting a plan of correction	35009
shall be given. The director shall notify the licensee by letter	35010
of the initiation of the proceedings. The letter shall list the	35011
deficiencies of the residential facility and inform the licensee	35012
that no plan of correction will be accepted. The director shall	35013
also send a copy of the letter to the county board of	35014
developmental disabilities. The county board shall send a copy of	35015
the letter to each of the following:	35016

(a) Each resident who receives services from the licensee;

35017

(b) The guardian of each resident who receives services from	35018
the licensee if the resident has a guardian;	35019

(c) The parent or guardian of each resident who receives	35020
services from the licensee if the resident is a minor.	35021

(7) Pursuant to rules which shall be adopted in accordance	35022
with Chapter 119. of the Revised Code, the director may order the	35023
immediate removal of residents from a residential facility	35024
whenever conditions at the facility present an immediate danger of	35025
physical or psychological harm to the residents.	35026

(8) In determining whether a residential facility is being	35027
operated in compliance with a provision of this chapter that	35028
applies to residential facilities or the rules adopted under such	35029
a provision, or whether conditions at a residential facility	35030
present an immediate danger of physical or psychological harm to	35031
the residents, the director may rely on information obtained by a	35032
county board of developmental disabilities or other governmental	35033
agencies.	35034

(9) In proceedings initiated to deny, refuse to renew, or	35035
revoke licenses, the director may deny, refuse to renew, or revoke	35036
a license regardless of whether some or all of the deficiencies	35037
that prompted the proceedings have been corrected at the time of	35038
the hearing.	35039

(E) The director shall establish a program under which public	35040
notification may be made when the director has initiated license	35041
revocation proceedings or has issued an order for the suspension	35042
of admissions, placement of a monitor, or removal of residents.	35043
The director shall adopt rules in accordance with Chapter 119. of	35044
the Revised Code to implement this division. The rules shall	35045
establish the procedures by which the public notification will be	35046
made and specify the circumstances for which the notification must	35047
be made. The rules shall require that public notification be made	35048
if the director has taken action against the facility in the	35049
eighteen-month period immediately preceding the director's latest	35050
action against the facility and the latest action is being taken	35051
for the same or a substantially similar violation of a provision	35052
of this chapter that applies to residential facilities or the	35053
rules adopted under such a provision. The rules shall specify a	35054
method for removing or amending the public notification if the	35055
director's action is found to have been unjustified or the	35056
violation at the residential facility has been corrected.	35057

(F)(1) Except as provided in division (F)(2) of this section,	35058
appeals from proceedings initiated to impose a sanction under	35059
division (D) of this section shall be conducted in accordance with	35060
Chapter 119. of the Revised Code.	35061

(2) Appeals from proceedings initiated to order the	35062
suspension of admissions to a facility shall be conducted in	35063
accordance with Chapter 119. of the Revised Code, unless the order	35064
was issued before providing an opportunity for an adjudication, in	35065
which case all of the following apply:	35066

(a) The licensee may request a hearing not later than ten	35067
days after receiving the notice specified in section 119.07 of the	35068
Revised Code.	35069

(b) If a timely request for a hearing that includes the	35070
licensee's current address is made, the hearing shall commence not	35071
later than thirty days after the department receives the request.	35072

(c) After commencing, the hearing shall continue	35073
uninterrupted, except for Saturdays, Sundays, and legal holidays,	35074
unless other interruptions are agreed to by the licensee and the	35075
director.	35076

(d) If the hearing is conducted by a hearing examiner, the	35077
hearing examiner shall file a report and recommendations not later	35078
than ten days after the last of the following:	35079

(i) The close of the hearing;

35080

(ii) If a transcript of the proceedings is ordered, the	35081
hearing examiner receives the transcript;	35082

(iii) If post-hearing briefs are timely filed, the hearing	35083
examiner receives the briefs.	35084

(e) A copy of the written report and recommendation of the	35085
hearing examiner shall be sent, by certified mail, to the licensee	35086
and the licensee's attorney, if applicable, not later than five	35087
days after the report is filed.	35088

(f) Not later than five days after the hearing examiner files	35089
the report and recommendations, the licensee may file objections	35090
to the report and recommendations.	35091

(g) Not later than fifteen days after the hearing examiner	35092
files the report and recommendations, the director shall issue an	35093
order approving, modifying, or disapproving the report and	35094
recommendations.	35095

(h) Notwithstanding the pendency of the hearing, the director	35096
shall lift the order for the suspension of admissions when the	35097
director determines that the violation that formed the basis for	35098
the order has been corrected.	35099

(G) Neither a person or government agency whose application	35100
for a license to operate a residential facility is denied nor a	35101
related party of the person or government agency may apply for a	35102
license to operate a residential facility before the date that is	35103
one year after the date of the denial. Neither a licensee whose	35104
residential facility license is revoked nor a related party of the	35105
licensee may apply for a residential facility license before the	35106
date that is five years after the date of the revocation.	35107

(H) In accordance with Chapter 119. of the Revised Code, the	35108
director shall adopt and may amend and rescind rules for licensing	35109
and regulating the operation of residential facilities. The rules	35110
for residential facilities that are ICFs/IID may differ from those	35111
for other residential facilities. The rules shall establish and	35112
specify the following:	35113

(1) Procedures and criteria for issuing and renewing	35114
licenses, including procedures and criteria for determining the	35115
length of the licensing period that the director must specify for	35116
each license when it is issued or renewed;	35117

(2) Procedures and criteria for denying, refusing to renew,	35118
terminating, and revoking licenses and for ordering the suspension	35119
of admissions to a facility, placement of a monitor at a facility,	35120
and the immediate removal of residents from a facility;	35121

(3) Fees for issuing and renewing licenses, which shall be	35122
deposited into the program fee fund created under section 5123.033	35123
of the Revised Code;	35124

(4) Procedures for surveying residential facilities;

35125

(5) Requirements for the training of residential facility	35126
personnel;	35127

(6) Classifications for the various types of residential	35128
facilities;	35129

(7) Certification procedures for licensees and management	35130
contractors that the director determines are necessary to ensure	35131
that they have the skills and qualifications to properly operate	35132
or manage residential facilities;	35133

(8) The maximum number of persons who may be served in a	35134
particular type of residential facility;	35135

(9) Uniform procedures for admission of persons to and	35136
transfers and discharges of persons from residential facilities;	35137

(10) Other standards for the operation of residential	35138
facilities and the services provided at residential facilities;	35139

(11) Procedures for waiving any provision of any rule adopted	35140
under this section.	35141

(I)(1) Before issuing a license, the director ~~of the~~	35142
~~department or the director's designee~~ shall conduct a survey of	35143
the residential facility for which application is made. The	35144
director ~~or the director's designee~~ shall conduct a survey of each	35145
licensed residential facility at least once during the period the	35146
license is valid and may conduct additional inspections as needed.	35147
A survey includes but is not limited to an on-site examination and	35148
evaluation of the residential facility, its personnel, and the	35149
services provided there.	35150

(2) In conducting surveys, the director ~~or the director's~~	35151
~~designee~~ shall be given access to the residential facility; all	35152
records, accounts, and any other documents related to the	35153
operation of the facility; the licensee; the residents of the	35154
facility; and all persons acting on behalf of, under the control	35155
of, or in connection with the licensee. The licensee and all	35156
persons on behalf of, under the control of, or in connection with	35157
the licensee shall cooperate with the director ~~or the director's~~	35158
~~designee~~ in conducting the survey.	35159

(3) Following each survey, ~~unless the director initiates a~~	35160
~~license revocation proceeding,~~ the director ~~or the director's~~	35161
~~designee~~ shall provide the licensee with a report listing the date	35162
of the survey and any ~~deficiencies, specifying~~citations issued as	35163
a result of the survey. Except when the director initiates a	35164
proceeding to revoke a license, the director shall do all of the	35165
following:	35166

(a) Specify a date by which the licensee may appeal any of	35167
the citations;	35168

(b) Specify a timetable within which the licensee ~~shall~~must	35169
submit a plan of correction describing how the ~~deficiencies~~	35170
problems specified in the citations will be corrected~~, and, when~~;	35171

(c) When appropriate, ~~specifying~~specify a timetable within	35172
which the licensee must correct the ~~deficiencies~~problems	35173
specified in the citations. ~~After~~	35174

(4) If the director initiates a proceeding to revoke a	35175
license, the director shall include the report required by	35176
division (I)(3) of this section with the notice of the proposed	35177
revocation the director sends the licensee. In this circumstance,	35178
the licensee may not appeal the citations or submit a plan of	35179
correction.	35180

(5) After a plan of correction is submitted, the director or	35181
~~the director's designee~~ shall approve or disapprove the plan. AIf	35182
the plan of correction is approved, a copy of the ~~report and any~~	35183
approved plan ~~of correction~~ shall be provided, not later than five	35184
business days after it is approved, to any person or government	35185
entity who requests it and made available on the internet web site	35186
maintained by the department of developmental disabilities. If the	35187
plan of correction is not approved and the director initiates a	35188
proceeding to revoke the license, a copy of the survey report	35189
shall be provided to any person or government entity that requests	35190
it and made available on the internet web site maintained by the	35191
department.	35192

(6) The director shall initiate disciplinary action against	35193
any department employee who notifies or causes the notification to	35194
any unauthorized person of an unannounced survey of a residential	35195
facility by an authorized representative of the department.	35196

(J) In addition to any other information which may be	35197
required of applicants for a license pursuant to this section, the	35198
director shall require each applicant to provide a copy of an	35199
approved plan for a proposed residential facility pursuant to	35200
section 5123.042 of the Revised Code. This division does not apply	35201
to renewal of a license or to an applicant for an initial or	35202
modified license who meets the requirements of section 5123.197 of	35203
the Revised Code.	35204

(K) A licensee shall notify the owner of the building in	35205
which the licensee's residential facility is located of any	35206
significant change in the identity of the licensee or management	35207
contractor before the effective date of the change if the licensee	35208
is not the owner of the building.	35209

Pursuant to rules which shall be adopted in accordance with	35210
Chapter 119. of the Revised Code, the director may require	35211
notification to the department of any significant change in the	35212
ownership of a residential facility or in the identity of the	35213
licensee or management contractor. If the director determines that	35214
a significant change of ownership is proposed, the director shall	35215
consider the proposed change to be an application for development	35216
by a new operator pursuant to section 5123.042 of the Revised Code	35217
and shall advise the applicant within sixty days of the	35218
notification that the current license shall continue in effect or	35219
a new license will be required pursuant to this section. If the	35220
director requires a new license, the director shall permit the	35221
facility to continue to operate under the current license until	35222
the new license is issued, unless the current license is revoked,	35223
refused to be renewed, or terminated in accordance with Chapter	35224
119. of the Revised Code.	35225

(L) A county board of developmental disabilities and any	35226
interested person may file complaints alleging violations of	35227
statute or department rule relating to residential facilities with	35228
the department. All complaints shall be in writing and shall state	35229
the facts constituting the basis of the allegation. The department	35230
shall not reveal the source of any complaint unless the	35231
complainant agrees in writing to waive the right to	35232
confidentiality or until so ordered by a court of competent	35233
jurisdiction.	35234

The department shall adopt rules in accordance with Chapter	35235
119. of the Revised Code establishing procedures for the receipt,	35236
referral, investigation, and disposition of complaints filed with	35237
the department under this division.	35238

(M) The department shall establish procedures for the	35239
notification of interested parties of the transfer or interim care	35240
of residents from residential facilities that are closing or are	35241
losing their license.	35242

(N) Before issuing a license under this section to a	35243
residential facility that will accommodate at any time more than	35244
one mentally retarded or developmentally disabled individual, the	35245
director shall, by first class mail, notify the following:	35246

(1) If the facility will be located in a municipal	35247
corporation, the clerk of the legislative authority of the	35248
municipal corporation;	35249

(2) If the facility will be located in unincorporated	35250
territory, the clerk of the appropriate board of county	35251
commissioners and the fiscal officer of the appropriate board of	35252
township trustees.	35253

The director shall not issue the license for ten days after	35254
mailing the notice, excluding Saturdays, Sundays, and legal	35255
holidays, in order to give the notified local officials time in	35256
which to comment on the proposed issuance.	35257

Any legislative authority of a municipal corporation, board	35258
of county commissioners, or board of township trustees that	35259
receives notice under this division of the proposed issuance of a	35260
license for a residential facility may comment on it in writing to	35261
the director within ten days after the director mailed the notice,	35262
excluding Saturdays, Sundays, and legal holidays. If the director	35263
receives written comments from any notified officials within the	35264
specified time, the director shall make written findings	35265
concerning the comments and the director's decision on the	35266
issuance of the license. If the director does not receive written	35267
comments from any notified local officials within the specified	35268
time, the director shall continue the process for issuance of the	35269
license.	35270

(O) Any person may operate a licensed residential facility	35271
that provides room and board, personal care, habilitation	35272
services, and supervision in a family setting for at least six but	35273
not more than eight persons with mental retardation or a	35274
developmental disability as a permitted use in any residential	35275
district or zone, including any single-family residential district	35276
or zone, of any political subdivision. These residential	35277
facilities may be required to comply with area, height, yard, and	35278
architectural compatibility requirements that are uniformly	35279
imposed upon all single-family residences within the district or	35280
zone.	35281

(P) Any person may operate a licensed residential facility	35282
that provides room and board, personal care, habilitation	35283
services, and supervision in a family setting for at least nine	35284
but not more than sixteen persons with mental retardation or a	35285
developmental disability as a permitted use in any multiple-family	35286
residential district or zone of any political subdivision, except	35287
that a political subdivision that has enacted a zoning ordinance	35288
or resolution establishing planned unit development districts may	35289
exclude these residential facilities from those districts, and a	35290
political subdivision that has enacted a zoning ordinance or	35291
resolution may regulate these residential facilities in	35292
multiple-family residential districts or zones as a conditionally	35293
permitted use or special exception, in either case, under	35294
reasonable and specific standards and conditions set out in the	35295
zoning ordinance or resolution to:	35296

(1) Require the architectural design and site layout of the	35297
residential facility and the location, nature, and height of any	35298
walls, screens, and fences to be compatible with adjoining land	35299
uses and the residential character of the neighborhood;	35300

(2) Require compliance with yard, parking, and sign	35301
regulation;	35302

(3) Limit excessive concentration of these residential	35303
facilities.	35304

(Q) This section does not prohibit a political subdivision	35305
from applying to residential facilities nondiscriminatory	35306
regulations requiring compliance with health, fire, and safety	35307
regulations and building standards and regulations.	35308

(R) Divisions (O) and (P) of this section are not applicable	35309
to municipal corporations that had in effect on June 15, 1977, an	35310
ordinance specifically permitting in residential zones licensed	35311
residential facilities by means of permitted uses, conditional	35312
uses, or special exception, so long as such ordinance remains in	35313
effect without any substantive modification.	35314

(S)(1) The director may issue an interim license to operate a	35315
residential facility to an applicant for a license under this	35316
section if either of the following is the case:	35317

(a) The director determines that an emergency exists	35318
requiring immediate placement of persons in a residential	35319
facility, that insufficient licensed beds are available, and that	35320
the residential facility is likely to receive a permanent license	35321
under this section within thirty days after issuance of the	35322
interim license.	35323

(b) The director determines that the issuance of an interim	35324
license is necessary to meet a temporary need for a residential	35325
facility.	35326

(2) To be eligible to receive an interim license, an	35327
applicant must meet the same criteria that must be met to receive	35328
a permanent license under this section, except for any differing	35329
procedures and time frames that may apply to issuance of a	35330
permanent license.	35331

(3) An interim license shall be valid for thirty days and may	35332
be renewed by the director for a period not to exceed one hundred	35333
fifty days.	35334

(4) The director shall adopt rules in accordance with Chapter	35335
119. of the Revised Code as the director considers necessary to	35336
administer the issuance of interim licenses.	35337

(T) Notwithstanding rules adopted pursuant to this section	35338
establishing the maximum number of persons who may be served in a	35339
particular type of residential facility, a residential facility	35340
shall be permitted to serve the same number of persons being	35341
served by the facility on the effective date of the rules or the	35342
number of persons for which the facility is authorized pursuant to	35343
a current application for a certificate of need with a letter of	35344
support from the department of developmental disabilities and	35345
which is in the review process prior to April 4, 1986.	35346

(U) The director ~~or the director's designee~~ may enter at any	35347
time, for purposes of investigation, any home, facility, or other	35348
structure that has been reported to the director or that the	35349
director has reasonable cause to believe is being operated as a	35350
residential facility without a license issued under this section.	35351

The director may petition the court of common pleas of the	35352
county in which an unlicensed residential facility is located for	35353
an order enjoining the person or governmental agency operating the	35354
facility from continuing to operate without a license. The court	35355
may grant the injunction on a showing that the person or	35356
governmental agency named in the petition is operating a	35357
residential facility without a license. The court may grant the	35358
injunction, regardless of whether the residential facility meets	35359
the requirements for receiving a license under this section.	35360

Sec. 5123.191. (A) The court of common pleas or a judge	35361
thereof in the judge's county, or the probate court, may appoint a	35362
receiver to take possession of and operate a residential facility	35363
licensed by the department of developmental disabilities, in	35364
causes pending in such courts respectively, when conditions	35365
existing at the facility present a substantial risk of physical or	35366
mental harm to residents and no other remedies at law are adequate	35367
to protect the health, safety, and welfare of the residents.	35368
Conditions at the facility that may present such risk of harm	35369
include, but are not limited to, instances when any of the	35370
following occur:	35371

(1) The residential facility is in violation of state or	35372
federal law or regulations.	35373

(2) The facility has had its license revoked or procedures	35374
for revocation have been initiated, or the facility is closing or	35375
intends to cease operations.	35376

(3) Arrangements for relocating residents need to be made.

35377

(4) Insolvency of the operator, licensee, or landowner	35378
threatens the operation of the facility.	35379

(5) The facility or operator has demonstrated a pattern and	35380
practice of repeated violations of state or federal laws or	35381
regulations.	35382

(B) A court in which a petition is filed pursuant to this	35383
section shall notify the person holding the license for the	35384
facility and the department of developmental disabilities of the	35385
filing. The court shall order the department to notify the	35386
facility owner, facility operator, county board of developmental	35387
disabilities, facility residents, and residents' parents and	35388
guardians of the filing of the petition.	35389

The court shall provide a hearing on the petition within five	35390
court days of the time it was filed, except that the court may	35391
appoint a receiver prior to that time if it determines that the	35392
circumstances necessitate such action. Following a hearing on the	35393
petition, and upon a determination that the appointment of a	35394
receiver is warranted, the court shall appoint a receiver and	35395
notify the department of developmental disabilities and	35396
appropriate persons of this action.	35397

(C) A residential facility for which a receiver has been	35398
named is deemed to be in compliance with section 5123.19 and	35399
Chapter 3721. of the Revised Code for the duration of the	35400
receivership.	35401

(D) When the operating revenue of a residential facility in	35402
receivership is insufficient to meet its operating expenses,	35403
including the cost of bringing the facility into compliance with	35404
state or federal laws or regulations, the court may order the	35405
state to provide necessary funding, except as provided in division	35406
(K) of this section. The state shall provide such funding, subject	35407
to the approval of the controlling board. The court may also order	35408
the appropriate authorities to expedite all inspections necessary	35409
for the issuance of licenses or the certification of a facility,	35410
and order a facility to be closed if it determines that reasonable	35411
efforts cannot bring the facility into substantial compliance with	35412
the law.	35413

(E) In establishing a receivership, the court shall set forth	35414
the powers and duties of the receiver. The court may generally	35415
authorize the receiver to do all that is prudent and necessary to	35416
safely and efficiently operate the residential facility within the	35417
requirements of state and federal law, but shall require the	35418
receiver to obtain court approval prior to making any single	35419
expenditure of more than five thousand dollars to correct	35420
deficiencies in the structure or furnishings of a facility. The	35421
court shall closely review the conduct of the receiver it has	35422
appointed and shall require regular and detailed reports. The	35423
receivership shall be reviewed at least every sixty days.	35424

(F) A receivership established pursuant to this section shall	35425
be terminated, following notification of the appropriate parties	35426
and a hearing, if the court determines either of the following:	35427

(1) The residential facility has been closed and the former	35428
residents have been relocated to an appropriate facility.	35429

(2) Circumstances no longer exist at the facility that	35430
present a substantial risk of physical or mental harm to	35431
residents, and there is no deficiency in the facility that is	35432
likely to create a future risk of harm.	35433

Notwithstanding division (F)(2) of this section, the court	35434
shall not terminate a receivership for a residential facility that	35435
has previously operated under another receivership unless the	35436
responsibility for the operation of the facility is transferred to	35437
an operator approved by the court and the department of	35438
developmental disabilities.	35439

(G) The department of developmental disabilities may, upon	35440
its own initiative or at the request of an owner, operator, or	35441
resident of a residential facility, or at the request of a	35442
resident's guardian or relative or a county board of developmental	35443
disabilities, petition the court to appoint a receiver to take	35444
possession of and operate a residential facility. When the	35445
department has been requested to file a petition by any of the	35446
parties listed above, it shall, within forty-eight hours of such	35447
request, either file such a petition or notify the requesting	35448
party of its decision not to file. If the department refuses to	35449
file, the requesting party may file a petition with the court	35450
requesting the appointment of a receiver to take possession of and	35451
operate a residential facility.	35452

Petitions filed pursuant to this division shall include the	35453
following:	35454

(1) A description of the specific conditions existing at the	35455
facility which present a substantial risk of physical or mental	35456
harm to residents;	35457

(2) A statement of the absence of other adequate remedies at	35458
law;	35459

(3) The number of individuals residing at the facility;

35460

(4) A statement that the facts have been brought to the	35461
attention of the owner or licensee and that conditions have not	35462
been remedied within a reasonable period of time or that the	35463
conditions, though remedied periodically, habitually exist at the	35464
facility as a pattern or practice;	35465

(5) The name and address of the person holding the license	35466
for the facility and the address of the department of	35467
developmental disabilities.	35468

The court may award to an operator appropriate costs and	35469
expenses, including reasonable attorney's fees, if it determines	35470
that a petitioner has initiated a proceeding in bad faith or	35471
merely for the purpose of harassing or embarrassing the operator.	35472

(H) Except for the department of developmental disabilities	35473
or a county board of developmental disabilities, no party or	35474
person interested in an action shall be appointed a receiver	35475
pursuant to this section.	35476

To assist the court in identifying persons qualified to be	35477
named as receivers, the director of developmental disabilities or	35478
~~the director's designee~~ shall maintain a list of the names of such	35479
persons. The director shall, in accordance with Chapter 119. of	35480
the Revised Code, establish standards for evaluating persons	35481
desiring to be included on such a list.	35482

(I) Before a receiver enters upon the duties of that person,	35483
the receiver must be sworn to perform the duties of receiver	35484
faithfully, and, with surety approved by the court, judge, or	35485
clerk, execute a bond to such person, and in such sum as the court	35486
or judge directs, to the effect that such receiver will faithfully	35487
discharge the duties of receiver in the action, and obey the	35488
orders of the court therein.	35489

(J) Under the control of the appointing court, a receiver may	35490
bring and defend actions in the receiver's own name as receiver	35491
and take and keep possession of property.	35492

The court shall authorize the receiver to do the following:

35493

(1) Collect payment for all goods and services provided to	35494
the residents or others during the period of the receivership at	35495
the same rate as was charged by the licensee at the time the	35496
petition for receivership was filed, unless a different rate is	35497
set by the court;	35498

(2) Honor all leases, mortgages, and secured transactions	35499
governing all buildings, goods, and fixtures of which the receiver	35500
has taken possession and continues to use, subject to the	35501
following conditions:	35502

(a) In the case of a rental agreement, only to the extent of	35503
payments that are for the use of the property during the period of	35504
the receivership;	35505

(b) In the case of a purchase agreement only to the extent of	35506
payments that come due during the period of the receivership.	35507

(3) If transfer of residents is necessary, provide for the	35508
orderly transfer of residents by doing the following:	35509

(a) Cooperating with all appropriate state and local agencies	35510
in carrying out the transfer of residents to alternative community	35511
placements;	35512

(b) Providing for the transportation of residents' belongings	35513
and records;	35514

(c) Helping to locate alternative placements and develop	35515
discharge plans;	35516

(d) Preparing residents for the trauma of discharge;

35517

(e) Permitting residents or guardians to participate in	35518
transfer or discharge planning except when an emergency exists and	35519
immediate transfer is necessary.	35520

(4) Make periodic reports on the status of the residential	35521
program to the appropriate state agency, county board of	35522
developmental disabilities, parents, guardians, and residents;	35523

(5) Compromise demands or claims;

35524

(6) Generally do such acts respecting the residential	35525
facility as the court authorizes.	35526

(K) Neither the receiver nor the department of developmental	35527
disabilities is liable for debts incurred by the owner or operator	35528
of a residential facility for which a receiver has been appointed.	35529

(L) The department of developmental disabilities may contract	35530
for the operation of a residential facility in receivership. The	35531
department shall establish the conditions of a contract.	35532
Notwithstanding any other provision of law, contracts that are	35533
necessary to carry out the powers and duties of the receiver need	35534
not be competitively bid.	35535

(M) The department of developmental disabilities, the	35536
department of job and family services, and the department of	35537
health shall provide technical assistance to any receiver	35538
appointed pursuant to this section.	35539

Sec. 5123.21. The director of developmental disabilities or	35540
~~the director's designee~~ may transfer or authorize the transfer of	35541
an involuntary resident or a consenting voluntary resident from	35542
one public institution to another or to an institution other than	35543
a public institution or other facility, if the director determines	35544
that it would be consistent with the habilitation needs of the	35545
resident to do so.	35546

Before an involuntary resident may be transferred to a more	35547
restrictive setting, the managing officer of the institution shall	35548
file a motion with the court requesting the court to amend its	35549
order of placement issued under section 5123.76 of the Revised	35550
Code. At the resident's request, the court shall hold a hearing on	35551
the motion at which the resident has the same rights as at a full	35552
hearing under section 5123.76 of the Revised Code.	35553

Whenever a resident is transferred, the director shall give	35554
written notice of the transfer to the resident's legal guardian,	35555
parents, spouse, and counsel, or, if none is known, to the	35556
resident's nearest known relative or friend. If the resident is a	35557
minor, the ~~department~~director before making such a transfer shall	35558
make a minute of the order for the transfer and the reason for it	35559
upon its record and shall send a certified copy at least seven	35560
days prior to the transfer to the person shown by its record to	35561
have had the care or custody of the minor immediately prior to the	35562
minor's commitment. Whenever a consenting voluntary resident is	35563
transferred, the notification shall be given only at the	35564
resident's request. The managing officer shall advise a voluntary	35565
resident who is being transferred that the patient may decide if	35566
such a notification shall be given. In all such transfers, due	35567
consideration shall be given to the relationship of the resident	35568
to the resident's family, legal guardian, or friends, so as to	35569
maintain relationships and encourage visits beneficial to the	35570
resident.	35571

Sec. 5123.61. (A) As used in this section:

35572

(1) "Law enforcement agency" means the state highway patrol,	35573
the police department of a municipal corporation, or a county	35574
sheriff.	35575

(2) "Abuse" has the same meaning as in section 5123.50 of the	35576
Revised Code, except that it includes a misappropriation, as	35577
defined in that section.	35578

(3) "Neglect" has the same meaning as in section 5123.50 of	35579
the Revised Code.	35580

(B) The department of developmental disabilities shall	35581
establish a registry office for the purpose of maintaining reports	35582
of abuse, neglect, and other major unusual incidents made to the	35583
department under this section and reports received from county	35584
boards of developmental disabilities under section 5126.31 of the	35585
Revised Code. The department shall establish committees to review	35586
reports of abuse, neglect, and other major unusual incidents.	35587

(C)(1) Any person listed in division (C)(2) of this section,	35588
having reason to believe that a person with mental retardation or	35589
a developmental disability has suffered or faces a substantial	35590
risk of suffering any wound, injury, disability, or condition of	35591
such a nature as to reasonably indicate abuse or neglect of that	35592
person, shall immediately report or cause reports to be made of	35593
such information to the entity specified in this division. Except	35594
as provided in section 5120.173 of the Revised Code or as	35595
otherwise provided in this division, the person making the report	35596
shall make it to a law enforcement agency or to the county board	35597
of developmental disabilities. If the report concerns a resident	35598
of a facility operated by the department of developmental	35599
disabilities the report shall be made either to a law enforcement	35600
agency or to the department. If the report concerns any act or	35601
omission of an employee of a county board of developmental	35602
disabilities, the report immediately shall be made to the	35603
department and to the county board.	35604

(2) All of the following persons are required to make a	35605
report under division (C)(1) of this section:	35606

(a) Any physician, including a hospital intern or resident,	35607
any dentist, podiatrist, chiropractor, practitioner of a limited	35608
branch of medicine as specified in section 4731.15 of the Revised	35609
Code, hospital administrator or employee of a hospital, nurse	35610
licensed under Chapter 4723. of the Revised Code, employee of an	35611
ambulatory health facility as defined in section 5101.61 of the	35612
Revised Code, employee of a home health agency, employee of a	35613
residential facility licensed under section 5119.34 of the Revised	35614
Code that provides accommodations, supervision, and person care	35615
services for three to sixteen unrelated adults, or employee of a	35616
community mental health facility;	35617

(b) Any school teacher or school authority, social worker,	35618
psychologist, attorney, peace officer, coroner, or residents'	35619
rights advocate as defined in section 3721.10 of the Revised Code;	35620

(c) A superintendent, board member, or employee of a county	35621
board of developmental disabilities; an administrator, board	35622
member, or employee of a residential facility licensed under	35623
section 5123.19 of the Revised Code; an administrator, board	35624
member, or employee of any other public or private provider of	35625
services to a person with mental retardation or a developmental	35626
disability, or any MR/DD employee, as defined in section 5123.50	35627
of the Revised Code;	35628

(d) A member of a citizen's advisory council established at	35629
an institution or branch institution of the department of	35630
developmental disabilities under section 5123.092 of the Revised	35631
Code;	35632

(e) A member of the clergy who is employed in a position that	35633
includes providing specialized services to an individual with	35634
mental retardation or another developmental disability, while	35635
acting in an official or professional capacity in that position,	35636
or a person who is employed in a position that includes providing	35637
specialized services to an individual with mental retardation or	35638
another developmental disability and who, while acting in an	35639
official or professional capacity, renders spiritual treatment	35640
through prayer in accordance with the tenets of an organized	35641
religion.	35642

(3)(a) The reporting requirements of this division do not	35643
apply to employees of the Ohio protection and advocacy system.	35644

(b) An attorney or physician is not required to make a report	35645
pursuant to division (C)(1) of this section concerning any	35646
communication the attorney or physician receives from a client or	35647
patient in an attorney-client or physician-patient relationship,	35648
if, in accordance with division (A) or (B) of section 2317.02 of	35649
the Revised Code, the attorney or physician could not testify with	35650
respect to that communication in a civil or criminal proceeding,	35651
except that the client or patient is deemed to have waived any	35652
testimonial privilege under division (A) or (B) of section 2317.02	35653
of the Revised Code with respect to that communication and the	35654
attorney or physician shall make a report pursuant to division	35655
(C)(1) of this section, if both of the following apply:	35656

(i) The client or patient, at the time of the communication,	35657
is a person with mental retardation or a developmental disability.	35658

(ii) The attorney or physician knows or suspects, as a result	35659
of the communication or any observations made during that	35660
communication, that the client or patient has suffered or faces a	35661
substantial risk of suffering any wound, injury, disability, or	35662
condition of a nature that reasonably indicates abuse or neglect	35663
of the client or patient.	35664

(4) Any person who fails to make a report required under	35665
division (C) of this section and who is an MR/DD employee, as	35666
defined in section 5123.50 of the Revised Code, shall be eligible	35667
to be included in the registry regarding misappropriation, abuse,	35668
neglect, or other specified misconduct by MR/DD employees	35669
established under section 5123.52 of the Revised Code.	35670

(D) The reports required under division (C) of this section	35671
shall be made forthwith by telephone or in person and shall be	35672
followed by a written report. The reports shall contain the	35673
following:	35674

(1) The names and addresses of the person with mental	35675
retardation or a developmental disability and the person's	35676
custodian, if known;	35677

(2) The age of the person with mental retardation or a	35678
developmental disability;	35679

(3) Any other information that would assist in the	35680
investigation of the report.	35681

(E) When a physician performing services as a member of the	35682
staff of a hospital or similar institution has reason to believe	35683
that a person with mental retardation or a developmental	35684
disability has suffered injury, abuse, or physical neglect, the	35685
physician shall notify the person in charge of the institution or	35686
that person's designated delegate, who shall make the necessary	35687
reports.	35688

(F) Any person having reasonable cause to believe that a	35689
person with mental retardation or a developmental disability has	35690
suffered or faces a substantial risk of suffering abuse or neglect	35691
may report or cause a report to be made of that belief to the	35692
entity specified in this division. Except as provided in section	35693
5120.173 of the Revised Code or as otherwise provided in this	35694
division, the person making the report shall make it to a law	35695
enforcement agency or the county board of developmental	35696
disabilities. If the person is a resident of a facility operated	35697
by the department of developmental disabilities, the report shall	35698
be made to a law enforcement agency or to the department. If the	35699
report concerns any act or omission of an employee of a county	35700
board of developmental disabilities, the report immediately shall	35701
be made to the department and to the county board.	35702

(G)(1) Upon the receipt of a report concerning the possible	35703
abuse or neglect of a person with mental retardation or a	35704
developmental disability, the law enforcement agency shall inform	35705
the county board of developmental disabilities or, if the person	35706
is a resident of a facility operated by the department of	35707
developmental disabilities, the ~~director of the~~ department ~~or the~~	35708
~~director's designee~~.	35709

(2) On receipt of a report under this section that includes	35710
an allegation of action or inaction that may constitute a crime	35711
under federal law or the law of this state, the department of	35712
developmental disabilities shall notify the law enforcement	35713
agency.	35714

(3) When a county board of developmental disabilities	35715
receives a report under this section that includes an allegation	35716
of action or inaction that may constitute a crime under federal	35717
law or the law of this state, the superintendent of the board or	35718
an individual the superintendent designates under division (H) of	35719
this section shall notify the law enforcement agency. The	35720
superintendent or individual shall notify the department of	35721
developmental disabilities when it receives any report under this	35722
section.	35723

(4) When a county board of developmental disabilities	35724
receives a report under this section and believes that the degree	35725
of risk to the person is such that the report is an emergency, the	35726
superintendent of the board or an employee of the board the	35727
superintendent designates shall attempt a face-to-face contact	35728
with the person with mental retardation or a developmental	35729
disability who allegedly is the victim within one hour of the	35730
board's receipt of the report.	35731

(H) The superintendent of the board may designate an	35732
individual to be responsible for notifying the law enforcement	35733
agency and the department when the county board receives a report	35734
under this section.	35735

(I) An adult with mental retardation or a developmental	35736
disability about whom a report is made may be removed from the	35737
adult's place of residence only by law enforcement officers who	35738
consider that the adult's immediate removal is essential to	35739
protect the adult from further injury or abuse or in accordance	35740
with the order of a court made pursuant to section 5126.33 of the	35741
Revised Code.	35742

(J) A law enforcement agency shall investigate each report of	35743
abuse or neglect it receives under this section. In addition, the	35744
department, in cooperation with law enforcement officials, shall	35745
investigate each report regarding a resident of a facility	35746
operated by the department to determine the circumstances	35747
surrounding the injury, the cause of the injury, and the person	35748
responsible. The investigation shall be in accordance with the	35749
memorandum of understanding prepared under section 5126.058 of the	35750
Revised Code. The department shall determine, with the registry	35751
office which shall be maintained by the department, whether prior	35752
reports have been made concerning an adult with mental retardation	35753
or a developmental disability or other principals in the case. If	35754
the department finds that the report involves action or inaction	35755
that may constitute a crime under federal law or the law of this	35756
state, it shall submit a report of its investigation, in writing,	35757
to the law enforcement agency. If the person with mental	35758
retardation or a developmental disability is an adult, with the	35759
consent of the adult, the department shall provide such protective	35760
services as are necessary to protect the adult. The law	35761
enforcement agency shall make a written report of its findings to	35762
the department.	35763

If the person is an adult and is not a resident of a facility	35764
operated by the department, the county board of developmental	35765
disabilities shall review the report of abuse or neglect in	35766
accordance with sections 5126.30 to 5126.33 of the Revised Code	35767
and the law enforcement agency shall make the written report of	35768
its findings to the county board.	35769

(K) Any person or any hospital, institution, school, health	35770
department, or agency participating in the making of reports	35771
pursuant to this section, any person participating as a witness in	35772
an administrative or judicial proceeding resulting from the	35773
reports, or any person or governmental entity that discharges	35774
responsibilities under sections 5126.31 to 5126.33 of the Revised	35775
Code shall be immune from any civil or criminal liability that	35776
might otherwise be incurred or imposed as a result of such actions	35777
except liability for perjury, unless the person or governmental	35778
entity has acted in bad faith or with malicious purpose.	35779

(L) No employer or any person with the authority to do so	35780
shall discharge, demote, transfer, prepare a negative work	35781
performance evaluation, reduce pay or benefits, terminate work	35782
privileges, or take any other action detrimental to an employee or	35783
retaliate against an employee as a result of the employee's having	35784
made a report under this section. This division does not preclude	35785
an employer or person with authority from taking action with	35786
regard to an employee who has made a report under this section if	35787
there is another reasonable basis for the action.	35788

(M) Reports made under this section are not public records as	35789
defined in section 149.43 of the Revised Code. Information	35790
contained in the reports on request shall be made available to the	35791
person who is the subject of the report, to the person's legal	35792
counsel, and to agencies authorized to receive information in the	35793
report by the department or by a county board of developmental	35794
disabilities.	35795

(N) Notwithstanding section 4731.22 of the Revised Code, the	35796
physician-patient privilege shall not be a ground for excluding	35797
evidence regarding the injuries or physical neglect of a person	35798
with mental retardation or a developmental disability or the cause	35799
thereof in any judicial proceeding resulting from a report	35800
submitted pursuant to this section.	35801

Sec. 5123.75. A respondent who is involuntarily placed in an	35802
institution or other place as designated in section 5123.77 of the	35803
Revised Code or with respect to whom proceedings have been	35804
instituted under section 5123.71 of the Revised Code shall, on	35805
request of the respondent, the respondent's guardian, or the	35806
respondent's counsel, or upon the court's own motion, be afforded	35807
a hearing to determine whether there is probable cause to believe	35808
that the respondent is a mentally retarded person subject to	35809
institutionalization by court order.	35810

(A) The probable cause hearing shall be conducted within two	35811
court days from the day on which the request is made. Failure to	35812
conduct the probable cause hearing within this time shall effect	35813
an immediate discharge of the respondent. If the proceedings are	35814
not reinstituted within thirty days, records of the proceedings	35815
shall be expunged.	35816

(B) The respondent shall be informed that the respondent may	35817
retain counsel and have independent expert evaluation and, if the	35818
respondent is an indigent person, be represented by court	35819
appointed counsel and have independent expert evaluation at court	35820
expense.	35821

(C) The probable cause hearing shall be conducted in a manner	35822
consistent with the procedures set forth in division (A) of	35823
section 5123.76 of the Revised Code, except divisions (A)(10) and	35824
(14) of that section, and the designee of the director of	35825
developmental disabilities under section 5123.72 of the Revised	35826
Code shall present evidence for the state.	35827

(D) If the court does not find probable cause to believe that	35828
the respondent is a mentally retarded person subject to	35829
institutionalization by court order, it shall order immediate	35830
release of the respondent and dismiss and expunge all record of	35831
the proceedings under this chapter.	35832

(E) On motion of the respondent or the respondent's counsel	35833
and for good cause shown, the court may order a continuance of the	35834
hearing.	35835

(F) If the court finds probable cause to believe that the	35836
respondent is a mentally retarded person subject to	35837
institutionalization by court order, the court may issue an	35838
interim order of placement and, where proceedings under section	35839
5123.71 of the Revised Code have been instituted, shall order a	35840
full hearing as provided in section 5123.76 of the Revised Code to	35841
be held on the question of whether the respondent is a mentally	35842
retarded person subject to institutionalization by court order.	35843
Unless specifically waived by the respondent or the respondent's	35844
counsel, the court shall schedule said hearing to be held as soon	35845
as possible within ten days from the probable cause hearing. A	35846
waiver of such full hearing at this point shall not preclude the	35847
respondent from asserting the respondent's right to such hearing	35848
under section 5123.76 of the Revised Code at any time prior to the	35849
mandatory hearing provided in division (H) of section 5123.76 of	35850
the Revised Code. In any case, if the respondent has waived the	35851
right to the full hearing, a mandatory hearing shall be held under	35852
division (H) of section 5123.76 of the Revised Code between the	35853
ninetieth and the one hundredth day after the original involuntary	35854
detention of the person unless the respondent has been discharged.	35855

(G) Whenever possible, the probable cause hearing shall be	35856
held before the respondent is taken into custody.	35857

Sec. 5123.76. (A) The full hearing shall be conducted in a	35858
manner consistent with the procedures outlined in this chapter and	35859
with due process of law. The hearing shall be held by a judge of	35860
the probate division or, upon transfer by the judge of the probate	35861
division, by another judge of the court of common pleas, or a	35862
referee designated by the judge of the probate division. Any	35863
referee designated by the judge of the probate division must be an	35864
attorney.	35865

(1) The following shall be made available to counsel for the	35866
respondent:	35867

(a) All relevant documents, information, and evidence in the	35868
custody or control of the state or prosecutor;	35869

(b) All relevant documents, information, and evidence in the	35870
custody or control of the institution, facility, or program in	35871
which the respondent currently is held or in which the respondent	35872
has been held pursuant to these proceedings;	35873

(c) With the consent of the respondent, all relevant	35874
documents, information, and evidence in the custody or control of	35875
any institution or person other than the state.	35876

(2) The respondent has the right to be represented by counsel	35877
of the respondent's choice and has the right to attend the hearing	35878
except if unusual circumstances of compelling medical necessity	35879
exist that render the respondent unable to attend and the	35880
respondent has not expressed a desire to attend.	35881

(3) If the respondent is not represented by counsel and the	35882
court determines that the conditions specified in division (A)(2)	35883
of this section justify the respondent's absence and the right to	35884
counsel has not been validly waived, the court shall appoint	35885
counsel forthwith to represent the respondent at the hearing,	35886
reserving the right to tax costs of appointed counsel to the	35887
respondent unless it is shown that the respondent is indigent. If	35888
the court appoints counsel, or if the court determines that the	35889
evidence relevant to the respondent's absence does not justify the	35890
absence, the court shall continue the case.	35891

(4) The respondent shall be informed of the right to retain	35892
counsel, to have independent expert evaluation, and, if an	35893
indigent person, to be represented by court appointed counsel and	35894
have expert independent evaluation at court expense.	35895

(5) The hearing may be closed to the public unless counsel	35896
for the respondent requests that the hearing be open to the	35897
public.	35898

(6) Unless objected to by the respondent, the respondent's	35899
counsel, or the designee of the director of developmental	35900
disabilities under section 5123.72 of the Revised Code, the court,	35901
for good cause shown, may admit persons having a legitimate	35902
interest in the proceedings.	35903

(7) The affiant under section 5123.71 of the Revised Code	35904
shall be subject to subpoena by either party.	35905

(8) The court shall examine the sufficiency of all documents	35906
filed and shall inform the respondent, if present, and the	35907
respondent's counsel of the nature of the content of the documents	35908
and the reason for which the respondent is being held or for which	35909
the respondent's placement is being sought.	35910

(9) The court shall receive only relevant, competent, and	35911
material evidence.	35912

(10) ~~The~~In accordance with section 5123.72 of the Revised	35913
Code, the designee of the director shall present the evidence for	35914
the state. In proceedings under this chapter, the attorney general	35915
shall present the comprehensive evaluation, assessment, diagnosis,	35916
prognosis, record of habilitation and care, if any, and less	35917
restrictive habilitation plans, if any. The attorney general does	35918
not have a similar presentation responsibility in connection with	35919
a person who has been found not guilty by reason of insanity and	35920
who is the subject of a hearing under section 2945.40 of the	35921
Revised Code to determine whether the person is a mentally	35922
retarded person subject to institutionalization by court order.	35923

(11) The respondent has the right to testify and the	35924
respondent or the respondent's counsel has the right to subpoena	35925
witnesses and documents and to present and cross-examine	35926
witnesses.	35927

(12) The respondent shall not be compelled to testify and	35928
shall be so advised by the court.	35929

(13) On motion of the respondent or the respondent's counsel	35930
for good cause shown, or upon the court's own motion, the court	35931
may order a continuance of the hearing.	35932

(14) To an extent not inconsistent with this chapter, the	35933
Rules of Civil Procedure shall be applicable.	35934

(B) Unless, upon completion of the hearing, the court finds	35935
by clear and convincing evidence that the respondent named in the	35936
affidavit is a mentally retarded person subject to	35937
institutionalization by court order, it shall order the	35938
respondent's discharge forthwith.	35939

(C) If, upon completion of the hearing, the court finds by	35940
clear and convincing evidence that the respondent is a mentally	35941
retarded person subject to institutionalization by court order,	35942
the court may order the respondent's discharge or order the	35943
respondent, for a period not to exceed ninety days, to any of the	35944
following:	35945

(1) A public institution, provided that commitment of the	35946
respondent to the institution will not cause the institution to	35947
exceed its licensed capacity determined in accordance with section	35948
5123.19 of the Revised Code and provided that such a placement is	35949
indicated by the comprehensive evaluation report filed pursuant to	35950
section 5123.71 of the Revised Code;	35951

(2) A private institution;

35952

(3) A county mental retardation program;

35953

(4) Receive private habilitation and care;

35954

(5) Any other suitable facility, program, or the care of any	35955
person consistent with the comprehensive evaluation, assessment,	35956
diagnosis, prognosis, and habilitation needs of the respondent.	35957

(D) Any order made pursuant to division (C)(2), (4), or (5)	35958
of this section shall be conditional upon the receipt by the court	35959
of consent by the facility, program, or person to accept the	35960
respondent.	35961

(E) In determining the place to which, or the person with	35962
whom, the respondent is to be committed, the court shall consider	35963
the comprehensive evaluation, assessment, diagnosis, and projected	35964
habilitation plan for the respondent, and shall order the	35965
implementation of the least restrictive alternative available and	35966
consistent with habilitation goals.	35967

(F) If, at any time it is determined by the director of the	35968
facility or program to which, or the person to whom, the	35969
respondent is committed that the respondent could be equally well	35970
habilitated in a less restrictive environment that is available,	35971
the following shall occur:	35972

(1) The respondent shall be released by the director of the	35973
facility or program or by the person forthwith and referred to the	35974
court together with a report of the findings and recommendations	35975
of the facility, program, or person.	35976

(2) The director of the facility or program or the person	35977
shall notify the respondent's counsel and the designee of the	35978
director of developmental disabilities.	35979

(3) The court shall dismiss the case or order placement in	35980
the less restrictive environment.	35981

(G)(1) Except as provided in divisions (G)(2) and (3) of this	35982
section, any person who has been committed under this section may	35983
apply at any time during the ninety-day period for voluntary	35984
admission to an institution under section 5123.69 of the Revised	35985
Code. Upon admission of a voluntary resident, the managing officer	35986
immediately shall notify the court, the respondent's counsel, and	35987
the designee of the director in writing of that fact by mail or	35988
otherwise, and, upon receipt of the notice, the court shall	35989
dismiss the case.	35990

(2) A person who is found incompetent to stand trial or not	35991
guilty by reason of insanity and who is committed pursuant to	35992
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	35993
Code shall not be voluntarily admitted to an institution pursuant	35994
to division (G)(1) of this section until after the termination of	35995
the commitment, as described in division (J) of section 2945.401	35996
of the Revised Code.	35997

(H) If, at the end of any commitment period, the respondent	35998
has not already been discharged or has not requested voluntary	35999
admission status, the director of the facility or program, or the	36000
person to whose care the respondent has been committed, shall	36001
discharge the respondent forthwith, unless at least ten days	36002
before the expiration of that period the designee of the director	36003
of developmental disabilities or the prosecutor files an	36004
application with the court requesting continued commitment.	36005

(1) An application for continued commitment shall include a	36006
written report containing a current comprehensive evaluation and	36007
assessment, a diagnosis, a prognosis, an account of progress and	36008
past habilitation, and a description of alternative habilitation	36009
settings and plans, including a habilitation setting that is the	36010
least restrictive setting consistent with the need for	36011
habilitation. A copy of the application shall be provided to	36012
respondent's counsel. The requirements for notice under section	36013
5123.73 of the Revised Code and the provisions of divisions (A) to	36014
(E) of this section apply to all hearings on such applications.	36015

(2) A hearing on the first application for continued	36016
commitment shall be held at the expiration of the first ninety-day	36017
period. The hearing shall be mandatory and may not be waived.	36018

(3) Subsequent periods of commitment not to exceed one	36019
hundred eighty days each may be ordered by the court if the	36020
designee of the director of developmental disabilities files an	36021
application for continued commitment, after a hearing is held on	36022
the application or without a hearing if no hearing is requested	36023
and no hearing required under division (H)(4) of this section is	36024
waived. Upon the application of a person involuntarily committed	36025
under this section, supported by an affidavit of a licensed	36026
physician alleging that the person is no longer a mentally	36027
retarded person subject to institutionalization by court order,	36028
the court for good cause shown may hold a full hearing on the	36029
person's continued commitment prior to the expiration of any	36030
subsequent period of commitment set by the court.	36031

(4) A mandatory hearing shall be held at least every two	36032
years after the initial commitment.	36033

(5) If the court, after a hearing upon a request to continue	36034
commitment, finds that the respondent is a mentally retarded	36035
person subject to institutionalization by court order, the court	36036
may make an order pursuant to divisions (C), (D), and (E) of this	36037
section.	36038

(I) Notwithstanding the provisions of division (H) of this	36039
section, no person who is found to be a mentally retarded person	36040
subject to institutionalization by court order pursuant to	36041
division (O)(2) of section 5123.01 of the Revised Code shall be	36042
held under involuntary commitment for more than five years.	36043

(J) The managing officer admitting a person pursuant to a	36044
judicial proceeding, within ten working days of the admission,	36045
shall make a report of the admission to the department.	36046

Sec. 5123.89. (A) As used in this section:

36047

(1) "Family" means a parent, brother, sister, spouse, son,	36048
daughter, grandparent, aunt, uncle, or cousin.	36049

(2) "Payment" means activities undertaken by a service	36050
provider or government entity to obtain or provide reimbursement	36051
for services provided to a person.	36052

(3) "Treatment" means the provision of services to a person,	36053
including the coordination or management of services provided to	36054
the person.	36055

(B) All certificates, applications, records, and reports made	36056
for the purpose of this chapter, other than court journal entries	36057
or court docket entries, which directly or indirectly identify a	36058
resident or former resident of an institution for the mentally	36059
retarded or person whose institutionalization has been sought	36060
under this chapter shall be kept confidential and shall not be	36061
disclosed by any person except in the following situations:	36062

(1) It is the judgment of the court for judicial records, and	36063
the managing officer for institution records, that disclosure is	36064
in the best interest of the person identified, and that person or	36065
that person's guardian or, if that person is a minor, that	36066
person's parent or guardian consents.	36067

(2) Disclosure is provided for in other sections of this	36068
chapter.	36069

(3) It is the judgment of the managing officer for	36070
institution records that disclosure to a mental health facility is	36071
in the best interest of the person identified.	36072

(4) Disclosure is of a record deposited with the Ohio	36073
historical society pursuant to division (C) of section 5123.31 of	36074
the Revised Code and the disclosure is made to the closest living	36075
relative of the person identified, on the relative's request.	36076

~~(B)~~(5) Disclosure is needed for the treatment of a person who	36077
is a resident or former resident of an institution for the	36078
mentally retarded or a person whose institutionalization has been	36079
sought under this chapter or is needed for the payment of services	36080
provided to the person.	36081

(C) The department of developmental disabilities shall adopt	36082
rules with respect to the systematic and periodic destruction of	36083
residents' records.	36084

~~(C)(1) As used in this division, "family" means a parent,~~	36085
~~brother, sister, spouse, son, daughter, grandparent, aunt, uncle,~~	36086
~~or cousin.~~	36087

~~(2)~~(D) Upon the death of a resident or former resident of an	36088
institution for the mentally retarded or a person whose	36089
institutionalization was sought under this chapter, the managing	36090
officer of an institution shall provide access to the	36091
certificates, applications, records, and reports made for the	36092
purposes of this chapter to the resident's, former resident's, or	36093
person's guardian if the guardian makes a written request. If a	36094
deceased resident, former resident, or person whose	36095
institutionalization was sought under this chapter did not have a	36096
guardian at the time of death, the managing officer shall provide	36097
access to the certificates, applications, records, and reports	36098
made for purposes of this chapter to a member of the person's	36099
family, upon that family member's written request.	36100

~~(D)~~(E) No person shall reveal the contents of a record of a	36101
resident except as authorized by this chapter.	36102

Sec. 5124.01. As used in this chapter:

36103

(A) "Affiliated operator" means an operator affiliated with	36104
either of the following:	36105

(1) The exiting operator for whom the affiliated operator is	36106
to assume liability for the entire amount of the exiting	36107
operator's debt under the medicaid program or the portion of the	36108
debt that represents the franchise permit fee the exiting operator	36109
owes;	36110

(2) The entering operator involved in the change of operator	36111
with the exiting operator specified in division (A)(1) of this	36112
section.	36113

(B) "Allowable costs" means an ICF/IID's costs that the	36114
department of developmental disabilities determines are	36115
reasonable. Fines paid under section 5124.99 of the Revised Code	36116
are not allowable costs.	36117

(C) "Capital costs" means an ICF/IID's costs of ownership and	36118
costs of nonextensive renovation.	36119

(D) "Case-mix score" means the measure determined under	36120
section 5124.192 of the Revised Code of the relative direct-care	36121
resources needed to provide care and habilitation to an ICF/IID	36122
resident.	36123

(E) "Change of operator" means an entering operator becoming	36124
the operator of an ICF/IID in the place of the exiting operator.	36125

(1) Actions that constitute a change of operator include the	36126
following:	36127

(a) A change in an exiting operator's form of legal	36128
organization, including the formation of a partnership or	36129
corporation from a sole proprietorship;	36130

(b) A transfer of all the exiting operator's ownership	36131
interest in the operation of the ICF/IID to the entering operator,	36132
regardless of whether ownership of any or all of the real property	36133
or personal property associated with the ICF/IID is also	36134
transferred;	36135

(c) A lease of the ICF/IID to the entering operator or the	36136
exiting operator's termination of the exiting operator's lease;	36137

(d) If the exiting operator is a partnership, dissolution of	36138
the partnership;	36139

(e) If the exiting operator is a partnership, a change in	36140
composition of the partnership unless both of the following apply:	36141

(i) The change in composition does not cause the	36142
partnership's dissolution under state law.	36143

(ii) The partners agree that the change in composition does	36144
not constitute a change in operator.	36145

(f) If the operator is a corporation, dissolution of the	36146
corporation, a merger of the corporation into another corporation	36147
that is the survivor of the merger, or a consolidation of one or	36148
more other corporations to form a new corporation.	36149

(2) The following, alone, do not constitute a change of	36150
operator:	36151

(a) A contract for an entity to manage an ICF/IID as the	36152
operator's agent, subject to the operator's approval of daily	36153
operating and management decisions;	36154

(b) A change of ownership, lease, or termination of a lease	36155
of real property or personal property associated with an ICF/IID	36156
if an entering operator does not become the operator in place of	36157
an exiting operator;	36158

(c) If the operator is a corporation, a change of one or more	36159
members of the corporation's governing body or transfer of	36160
ownership of one or more shares of the corporation's stock, if the	36161
same corporation continues to be the operator.	36162

(F) "Cost center" means the following:

36163

(1) Capital costs;

36164

(2) Direct care costs;

36165

(3) Indirect care costs;

36166

(4) Other protected costs.

36167

(G) "Costs of nonextensive renovations" means the actual	36168
expense incurred by an ICF/IID for depreciation or amortization	36169
and interest on renovations that are not extensive renovations.	36170

(H)(1) "Costs of ownership" means the actual expenses	36171
incurred by an ICF/IID for all of the following:	36172

(a) Subject to division (H)(2) of this section, depreciation	36173
and interest on any capital assets that cost five hundred dollars	36174
or more per item, including the following:	36175

(i) Buildings;

36176

(ii) Building improvements that are not approved as	36177
nonextensive renovations under section 5124.17 of the Revised	36178
Code;	36179

(iii) Equipment;

36180

(iv) Extensive renovations;

36181

(v) Transportation equipment.

36182

(b) Amortization and interest on land improvements and	36183
leasehold improvements;	36184

36185

(d) Except as provided in division (Z) of this section, lease	36186
and rent of land, building, and equipment.	36187

(2) The costs of capital assets of less than five hundred	36188
dollars per item may be considered costs of ownership in	36189
accordance with an ICF/IID provider's practice.	36190

(I)(1) "Date of licensure" means the following:

36191

(a) In the case of an ICF/IID that was originally licensed as	36192
a nursing home under Chapter 3721. of the Revised Code, the date	36193
that it was originally so licensed, regardless that it was	36194
subsequently licensed as a residential facility under section	36195
5123.19 of the Revised Code;	36196

(b) In the case of an ICF/IID that was originally licensed as	36197
a residential facility under section 5123.19 of the Revised Code,	36198
the date it was originally so licensed;	36199

(c) In the case of an ICF/IID that was not required by law to	36200
be licensed as a nursing home or residential facility when it was	36201
originally operated as a residential facility, the date it first	36202
was operated as a residential facility, regardless of the date the	36203
ICF/IID was first licensed as a nursing home or residential	36204
facility.	36205

(2) If, after an ICF/IID's original date of licensure, more	36206
residential facility beds are added to the ICF/IID or all or part	36207
of the ICF/IID undergoes an extensive renovation, the ICF/IID has	36208
a different date of licensure for the additional beds or	36209
extensively renovated portion of the ICF/IID. This does not apply,	36210
however, to additional beds when both of the following apply:	36211

(a) The additional beds are located in a part of the ICF/IID	36212
that was constructed at the same time as the continuing beds	36213
already located in that part of the ICF/IID;.	36214

(b) The part of the ICF/IID in which the additional beds are	36215
located was constructed as part of the ICF/IID at a time when the	36216
ICF/IID was not required by law to be licensed as a nursing home	36217
or residential facility.	36218

(3) The definition of "date of licensure" in this section	36219
applies in determinations of ICFs/IID's medicaid payment rates but	36220
does not apply in determinations of ICFs/IID's franchise permit	36221
fees under sections 5168.60 to 5168.71 of the Revised Code.	36222

(J) "Desk-reviewed" means that an ICF/IID's costs as reported	36223
on a cost report filed under section 5124.10 or 5124.101 of the	36224
Revised Code have been subjected to a desk review under section	36225
5124.108 of the Revised Code and preliminarily determined to be	36226
allowable costs.	36227

(K) "Developmental center" means a residential facility that	36228
is maintained and operated by the department of developmental	36229
disabilities.	36230

(L) "Direct care costs" means all of the following costs	36231
incurred by an ICF/IID:	36232

(1) Costs for registered nurses, licensed practical nurses,	36233
and nurse aides employed by the ICF/IID;	36234

(2) Costs for direct care staff, administrative nursing	36235
staff, medical directors, respiratory therapists, physical	36236
therapists, physical therapy assistants, occupational therapists,	36237
occupational therapy assistants, speech therapists, audiologists,	36238
habilitation staff (including habilitation supervisors), qualified	36239
intellectual disability professionals, program directors, social	36240
services staff, activities staff, off-site day programming,	36241
psychologists, psychology assistants, social workers, counselors,	36242
and other persons holding degrees qualifying them to provide	36243
therapy;	36244

(3) Costs of purchased nursing services;

36245

(4) Costs of training and staff development, employee	36246
benefits, payroll taxes, and workers' compensation premiums or	36247
costs for self-insurance claims and related costs as specified in	36248
rules adopted under section 5124.03 of the Revised Code, for	36249
personnel listed in divisions (L)(1), (2), and (3) of this	36250
section;	36251

(5) Costs of quality assurance;

36252

(6) Costs of consulting and management fees related to direct	36253
care;	36254

(7) Allocated direct care home office costs;

36255

(8) Costs of other direct-care resources that are specified	36256
as direct care costs in rules adopted under section 5124.03 of the	36257
Revised Code.	36258

(M) "Downsized ICF/IID" means an ICF/IID that permanently	36259
reduced its medicaid-certified capacity pursuant to a plan	36260
approved by the department of developmental disabilities under	36261
section 5123.042 of the Revised Code.	36262

(N) "Effective date of a change of operator" means the day	36263
the entering operator becomes the operator of the ICF/IID.	36264

(O) "Effective date of a facility closure" means the last day	36265
that the last of the residents of the ICF/IID resides in the	36266
ICF/IID.	36267

(P) "Effective date of an involuntary termination" means the	36268
date the department of medicaid terminates the operator's provider	36269
agreement for the ICF/IID or the last day that such a provider	36270
agreement is in effect when the department cancels or refuses to	36271
revalidate it.	36272

(Q) "Effective date of a voluntary termination" means the day	36273
the ICF/IID ceases to accept medicaid recipients.	36274

(R) "Entering operator" means the person or government entity	36275
that will become the operator of an ICF/IID when a change of	36276
operator occurs or following an involuntary termination.	36277

(S) "Exiting operator" means any of the following:

36278

(1) An operator that will cease to be the operator of an	36279
ICF/IID on the effective date of a change of operator;	36280

(2) An operator that will cease to be the operator of an	36281
ICF/IID on the effective date of a facility closure;	36282

(3) An operator of an ICF/IID that is undergoing or has	36283
undergone a voluntary termination;	36284

(4) An operator of an ICF/IID that is undergoing or has	36285
undergone an involuntary termination.	36286

(T)(1) "Extensive renovation" means the following:

36287

(a) An ICF/IID's betterment, improvement, or restoration to	36288
which both of the following apply:	36289

(i) It was started before July 1, 1993;.

36290

(ii) It meets the definition of "extensive renovation"	36291
established in rules that were adopted by the director of job and	36292
family services and in effect on December 22, 1992.	36293

(b) An ICF/IID's betterment, improvement, or restoration to	36294
which all of the following apply:	36295

(i) It was started on or after July 1, 1993;.

36296

(ii) Except as provided in division (T)(2) of this section,	36297
it costs more than sixty-five per cent and not more than	36298
eighty-five per cent of the cost of constructing a new bed;.	36299

(iii) It extends the useful life of the assets for at least	36300
ten years.	36301

(2) The department of developmental disabilities may treat a	36302
renovation that costs more than eighty-five per cent of the cost	36303
of constructing new beds as an extensive renovation if the	36304
department determines that the renovation is more prudent than	36305
construction of new beds.	36306

(3) For the purpose of division (T)(1)(b)(ii) of this	36307
section, the cost of constructing a new bed shall be considered to	36308
be forty thousand dollars, adjusted for the estimated rate of	36309
inflation from January 1, 1993, to the end of the calendar year	36310
during which the extensive renovation is completed, using the	36311
consumer price index for shelter costs for all urban consumers for	36312
the north central region, as published by the United States bureau	36313
of labor statistics.	36314

(U)(1) Subject to divisions (U)(2) and (3) of this section,	36315
"facility closure" means either of the following:	36316

(a) Discontinuance of the use of the building, or part of the	36317
building, that houses the facility as an ICF/IID that results in	36318
the relocation of all of the facility's residents;	36319

(b) Conversion of the building, or part of the building, that	36320
houses an ICF/IID to a different use with any necessary license or	36321
other approval needed for that use being obtained and one or more	36322
of the facility's residents remaining in the facility to receive	36323
services under the new use.	36324

(2) A facility closure occurs regardless of any of the	36325
following:	36326

(a) The operator completely or partially replacing the	36327
ICF/IID by constructing a new ICF/IID or transferring the	36328
ICF/IID's license to another ICF/IID;	36329

(b) The ICF/IID's residents relocating to another of the	36330
operator's ICFs/IID;	36331

(c) Any action the department of health takes regarding the	36332
ICF/IID's medicaid certification that may result in the transfer	36333
of part of the ICF/IID's survey findings to another of the	36334
operator's ICFs/IID;	36335

(d) Any action the department of developmental disabilities	36336
takes regarding the ICF/IID's license under section 5123.19 of the	36337
Revised Code.	36338

(3) A facility closure does not occur if all of the ICF/IID's	36339
residents are relocated due to an emergency evacuation and one or	36340
more of the residents return to a medicaid-certified bed in the	36341
ICF/IID not later than thirty days after the evacuation occurs.	36342

(V) "Fiscal year" means the fiscal year of this state, as	36343
specified in section 9.34 of the Revised Code.	36344

(W) "Franchise permit fee" means the fee imposed by sections	36345
5168.60 to 5168.71 of the Revised Code.	36346

(X) "Home and community-based services" has the same meaning	36347
as in section 5123.01 of the Revised Code.	36348

(Y) "ICF/IID services" has the same meaning as in 42 C.F.R.	36349
440.150.	36350

(Z)(1) "Indirect care costs" means all reasonable costs	36351
incurred by an ICF/IID other than capital costs, direct care	36352
costs, and other protected costs. "Indirect care costs" includes	36353
costs of habilitation supplies, pharmacy consultants, medical and	36354
habilitation records, program supplies, incontinence supplies,	36355
food, enterals, dietary supplies and personnel, laundry,	36356
housekeeping, security, administration, liability insurance,	36357
bookkeeping, purchasing department, human resources,	36358
communications, travel, dues, license fees, subscriptions, home	36359
office costs not otherwise allocated, legal services, accounting	36360
services, minor equipment, maintenance and repair expenses,	36361
help-wanted advertising, informational advertising, start-up	36362
costs, organizational expenses, other interest, property	36363
insurance, employee training and staff development, employee	36364
benefits, payroll taxes, and workers' compensation premiums or	36365
costs for self-insurance claims and related costs, as specified in	36366
rules adopted under section 5124.03 of the Revised Code, for	36367
personnel listed in this division. Notwithstanding division (H) of	36368
this section, "indirect care costs" also means the cost of	36369
equipment, including vehicles, acquired by operating lease	36370
executed before December 1, 1992, if the costs are reported as	36371
administrative and general costs on the ICF/IID's cost report for	36372
the cost reporting period ending December 31, 1992.	36373

(2) For the purpose of division (Z)(1) of this section, an	36374
operating lease shall be construed in accordance with generally	36375
accepted accounting principles.	36376

(AA) "Inpatient days" means both of the following:

36377

(1) All days during which a resident, regardless of payment	36378
source, occupies a bed in an ICF/IID that is included in the	36379
ICF/IID's medicaid-certified capacity;	36380

(2) All days for which payment is made under section 5124.34	36381
of the Revised Code.	36382

(BB) "Intermediate care facility for individuals with	36383
intellectual disabilities" and "ICF/IID" mean an intermediate care	36384
facility for the mentally retarded as defined in the "Social	36385
Security Act," section 1905(d), 42 U.S.C. 1396d(d).	36386

(CC) "Involuntary termination" means the department of	36387
medicaid's termination of, cancellation of, or refusal to	36388
revalidate the operator's provider agreement for the ICF/IID when	36389
such action is not taken at the operator's request.	36390

(DD) "Maintenance and repair expenses" means, except as	36391
provided in division (TT)(2)(b) of this section, expenditures that	36392
are necessary and proper to maintain an asset in a normally	36393
efficient working condition and that do not extend the useful life	36394
of the asset two years or more. "Maintenance and repair expenses"	36395
includes the costs of ordinary repairs such as painting and	36396
wallpapering.	36397

(EE) "Medicaid-certified capacity" means the number of an	36398
ICF/IID's beds that are certified for participation in medicaid as	36399
ICF/IID beds.	36400

(FF) "Medicaid days" means both of the following:

36401

(1) All days during which a resident who is a medicaid	36402
recipient eligible for ICF/IID services occupies a bed in an	36403
ICF/IID that is included in the ICF/IID's medicaid-certified	36404
capacity;	36405

(2) All days for which payment is made under section 5124.34	36406
of the Revised Code.	36407

(GG)(1) "New ICF/IID" means an ICF/IID for which the provider	36408
obtains an initial provider agreement following the director of	36409
health's medicaid certification of the ICF/IID, including such an	36410
ICF/IID that replaces one or more ICFs/IID for which a provider	36411
previously held a provider agreement.	36412

(2) "New ICF/IID" does not mean either of the following:

36413

(a) An ICF/IID for which the entering operator seeks a	36414
provider agreement pursuant to section 5124.511 or 5124.512 or	36415
(pursuant to section 5124.515) section 5124.07 of the Revised	36416
Code;	36417

(b) A downsized ICF/IID or partially converted ICF/IID.

36418

(HH) "Nursing home" has the same meaning as in section	36419
3721.01 of the Revised Code.	36420

(II) "Operator" means the person or government entity	36421
responsible for the daily operating and management decisions for	36422
an ICF/IID.	36423

(JJ) "Other protected costs" means costs incurred by an	36424
ICF/IID for medical supplies; real estate, franchise, and property	36425
taxes; natural gas, fuel oil, water, electricity, sewage, and	36426
refuse and hazardous medical waste collection; allocated other	36427
protected home office costs; and any additional costs defined as	36428
other protected costs in rules adopted under section 5124.03 of	36429
the Revised Code.	36430

(KK)(1) "Owner" means any person or government entity that	36431
has at least five per cent ownership or interest, either directly,	36432
indirectly, or in any combination, in any of the following	36433
regarding an ICF/IID:	36434

(a) The land on which the ICF/IID is located;

36435

(b) The structure in which the ICF/IID is located;

36436

(c) Any mortgage, contract for deed, or other obligation	36437
secured in whole or in part by the land or structure on or in	36438
which the ICF/IID is located;	36439

(d) Any lease or sublease of the land or structure on or in	36440
which the ICF/IID is located.	36441

(2) "Owner" does not mean a holder of a debenture or bond	36442
related to an ICF/IID and purchased at public issue or a regulated	36443
lender that has made a loan related to the ICF/IID unless the	36444
holder or lender operates the ICF/IID directly or through a	36445
subsidiary.	36446

(LL) "Partially converted ICF/IID" means an ICF/IID that	36447
converted some, but not all, of its beds to providing home and	36448
community-based services under the individual options waiver	36449
pursuant to section 5124.60 or 5124.61 of the Revised Code.	36450

(MM)(1) Except as provided in divisions (MM)(2) and (3) of	36451
this section, "per diem" means an ICF/IID's desk-reviewed, actual,	36452
allowable costs in a given cost center in a cost reporting period,	36453
divided by the facility's inpatient days for that cost reporting	36454
period.	36455

(2) When determining capital costs for the purpose of section	36456
5124.17 of the Revised Code, "per diem" means an ICF/IID's actual,	36457
allowable capital costs in a ~~cost-reporting~~cost reporting period	36458
divided by the greater of the facility's inpatient days for that	36459
period or the number of inpatient days the ICF/IID would have had	36460
during that period if its occupancy rate had been ninety-five per	36461
cent.	36462

(3) When determining indirect care costs for the purpose of	36463
section 5124.21 of the Revised Code, "per diem" means an ICF/IID's	36464
actual, allowable indirect care costs in a ~~cost-reporting~~cost	36465
reporting period divided by the greater of the ICF/IID's inpatient	36466
days for that period or the number of inpatient days the ICF/IID	36467
would have had during that period if its occupancy rate had been	36468
eighty-five per cent.	36469

(NN) "Provider" means an operator with a valid provider	36470
agreement.	36471

(OO) "Provider agreement" means a provider agreement, as	36472
defined in section 5164.01 of the Revised Code, that is between	36473
the department of medicaid and the operator of an ICF/IID for the	36474
provision of ICF/IID services under the medicaid program.	36475

(PP) "Purchased nursing services" means services that are	36476
provided in an ICF/IID by registered nurses, licensed practical	36477
nurses, or nurse aides who are not employees of the ICF/IID.	36478

(QQ) "Reasonable" means that a cost is an actual cost that is	36479
appropriate and helpful to develop and maintain the operation of	36480
resident care facilities and activities, including normal standby	36481
costs, and that does not exceed what a prudent buyer pays for a	36482
given item or services. Reasonable costs may vary from provider to	36483
provider and from time to time for the same provider.	36484

(RR) "Related party" means an individual or organization	36485
that, to a significant extent, has common ownership with, is	36486
associated or affiliated with, has control of, or is controlled	36487
by, a provider.	36488

(1) An individual who is a relative of an owner is a related	36489
party.	36490

(2) Common ownership exists when an individual or individuals	36491
possess significant ownership or equity in both the provider and	36492
the other organization. Significant ownership or equity exists	36493
when an individual or individuals possess five per cent ownership	36494
or equity in both the provider and a supplier. Significant	36495
ownership or equity is presumed to exist when an individual or	36496
individuals possess ten per cent ownership or equity in both the	36497
provider and another organization from which the provider	36498
purchases or leases real property.	36499

(3) Control exists when an individual or organization has the	36500
power, directly or indirectly, to significantly influence or	36501
direct the actions or policies of an organization.	36502

(4) An individual or organization that supplies goods or	36503
services to a provider shall not be considered a related party if	36504
all of the following conditions are met:	36505

(a) The supplier is a separate bona fide organization.

36506

(b) A substantial part of the supplier's business activity of	36507
the type carried on with the provider is transacted with others	36508
than the provider and there is an open, competitive market for the	36509
types of goods or services the supplier furnishes.	36510

(c) The types of goods or services are commonly obtained by	36511
other ICFs/IID from outside organizations and are not a basic	36512
element of resident care ordinarily furnished directly to	36513
residents by the ICFs/IID.	36514

(d) The charge to the provider is in line with the charge for	36515
the goods or services in the open market and no more than the	36516
charge made under comparable circumstances to others by the	36517
supplier.	36518

(SS) "Relative of owner" means an individual who is related	36519
to an owner of an ICF/IID by one of the following relationships:	36520

(1) Spouse;

36521

(2) Natural parent, child, or sibling;

36522

(3) Adopted parent, child, or sibling;

36523

(4) Stepparent, stepchild, stepbrother, or stepsister;

36524

(5) Father-in-law, mother-in-law, son-in-law,	36525
daughter-in-law, brother-in-law, or sister-in-law;	36526

(6) Grandparent or grandchild;

36527

(7) Foster caregiver, foster child, foster brother, or foster	36528
sister.	36529

(TT)(1) "Renovation" means the following:

36530

(a) An ICF/IID's betterment, improvement, or restoration to	36531
which both of the following apply:	36532

(i) It was started before July 1, 1993;.

36533

(ii) It meets the definition of "renovation" established in	36534
rules that were adopted by the director of job and family services	36535
and in effect on December 22, 1992.	36536

(b) An ICF/IID's betterment, improvement, or restoration to	36537
which both of the following apply:	36538

(i) It was started on or after July 1, 1993;.

36539

(ii) It betters, improves, or restores the ICF/IID beyond its	36540
current functional capacity through a structural change that costs	36541
at least five hundred dollars per bed.	36542

(2) A renovation started on or after July 1, 1993, may	36543
include both of the following:	36544

(a) A betterment, improvement, restoration, or replacement of	36545
assets that are affixed to a building and have a useful life of at	36546
least five years;	36547

(b) Costs that otherwise would be considered maintenance and	36548
repair expenses if they are an integral part of the structural	36549
change that makes up the renovation project.	36550

(3) "Renovation" does not mean construction of additional	36551
space for beds that will be added to an ICF/IID's licensed	36552
capacity or medicaid-certified capacity.	36553

(UU) "Residential facility" has the same meaning as in	36554
section 5123.19 of the Revised Code.	36555

(VV) "Sponsor" means an adult relative, friend, or guardian	36556
of an ICF/IID resident who has an interest or responsibility in	36557
the resident's welfare.	36558

(WW) "Title XIX" means Title XIX of the "Social Security	36559
Act," 42 U.S.C. 1396, et seq.	36560

(XX) "Title XVIII" means Title XVIII of the "Social Security	36561
Act," 42 U.S.C. 1395, et seq.	36562

(YY) "Voluntary termination" means an operator's voluntary	36563
election to terminate the participation of an ICF/IID in the	36564
medicaid program but to continue to provide service of the type	36565
provided by a residential facility as defined in section 5123.19	36566
of the Revised Code.	36567

Sec. 5124.106. (A) If an ICF/IID provider required by	36568
section 5124.10 of the Revised Code to file a cost report for the	36569
ICF/IID fails to file the cost report by the date it is due or the	36570
date, if any, to which the due date is extended pursuant to	36571
division (E) of that section, or files an incomplete or inadequate	36572
report for the ICF/IID under that section, the department of	36573
developmental disabilities shall ~~provide immediate~~do both of the	36574
following:	36575

(1) Give written notice to the provider that the provider	36576
agreement for the ICF/IID will be terminated in thirty days unless	36577
the provider submits a complete and adequate cost report for the	36578
ICF/IID within thirty days~~. During the thirty-day termination~~	36579
~~period or any additional time allowed for an appeal of the~~	36580
~~proposed termination of a provider agreement, the provider shall~~	36581
~~be paid the ICF/IID's then current per medicaid day payment rate,~~	36582
~~minus the dollar amount by which ICFs/IID's per medicaid day~~	36583
~~payment rates are reduced during fiscal year 2013 in accordance~~	36584
~~with division (A)(2) of section 5111.26 of the Revised Code~~	36585
~~(renumbered as section 5165.10 of the Revised Code by H.B. 59 of~~	36586
~~the 130th general assembly) as that section existed on the day~~	36587
~~immediately preceding the effective date of this section. On the~~	36588
~~first day of each July, the department shall adjust the amount of~~	36589
~~the reduction in effect during the previous twelve months to~~	36590
~~reflect the rate of inflation during the preceding twelve months~~;	36591

(2) Reduce the per medicaid day payment rate for the	36592
provider's ICF/IID by the amount specified in division (B) of this	36593
section for the period of time specified in division (C) of this	36594
section.	36595

(B) For the purpose of division (A)(2) of this section, an	36596
ICF/IID's per medicaid day payment rate shall be reduced by the	36597
following amount:	36598

(1) In the case of a reduction made during the period	36599
beginning on the effective date of this amendment and ending on	36600
the first day of the first fiscal year beginning after the	36601
effective date of this amendment, two dollars;	36602

(2) In the case of a reduction made during the first fiscal	36603
year beginning after the effective date of this amendment and each	36604
fiscal year thereafter, the amount of the reduction in effect on	36605
the last day of the fiscal year immediately preceding the fiscal	36606
year in which the reduction is made adjusted by the rate of	36607
inflation during that immediately preceding fiscal year, as shown	36608
in the consumer price index for all items for all urban consumers	36609
for the midwest region, published by the United States bureau of	36610
labor statistics.	36611

(C) The period of time that an ICF/IID's per medicaid day	36612
payment rate is reduced under this section shall begin and end as	36613
follows:	36614

(1) The period shall begin on the following date:

36615

(a) The day immediately following the date the cost report is	36616
due or to which the due date is extended, as applicable, if the	36617
reduction is made because the provider fails to file a cost report	36618
by that date;	36619

(b) The day the department gives the provider written notice	36620
under division (A)(1) of this section of the proposed provider	36621
agreement termination, if the reduction is made because the	36622
provider files an incomplete or inadequate cost report.	36623

(2) The period shall end on the last day of the thirty-day	36624
period specified in the notice given under division (A)(1) of this	36625
section or any additional period allowed for an appeal of the	36626
proposed provider agreement termination.	36627

Sec. 5124.21. (A) For each fiscal year, the department of	36628
developmental disabilities shall determine each ICF/IID's per	36629
medicaid day payment rate for indirect care costs. Except as	36630
otherwise provided in this chapter, an ICF/IID's rate shall be	36631
determined prospectively. Subject to section 5124.28 of the	36632
Revised Code, an ICF/IID's rate shall be the lesser of the	36633
individual rate determined under division (B) of this section and	36634
the maximum rate determined for the ICF/IID's peer group under	36635
division (C) of this section.	36636

(B) An ICF/IID's individual rate is the sum of the following:

36637

(1) The ICF/IID's desk-reviewed, actual, allowable, per diem	36638
indirect care costs from the calendar year immediately preceding	36639
the fiscal year in which the rate will be paid, adjusted for the	36640
inflation rate estimated under division ~~(D)~~(E)(1) of this section;	36641

(2) ~~If the ICF/IID has more than eight beds~~Subject to	36642
division (D) of this section, an efficiency incentive ~~in the~~	36643
~~following amount:~~	36644

~~(a) For fiscal year 2014, seven and one-tenth per cent of the~~	36645
~~maximum rate established for the ICF/IID's peer group under~~	36646
~~division (C) of this section;~~	36647

~~(b) For fiscal year 2015, the following amount:~~

36648

~~(i) The amount calculated for fiscal year 2014 under division~~	36649
~~(B)(2)(a) of this section if the provider of the ICF/IID obtains~~	36650
~~the department's approval to become a downsized ICF/IID and the~~	36651
~~approval is conditioned on the downsizing being completed not~~	36652
~~later than July 1, 2018;~~	36653

~~(ii) One-half of the amount calculated for fiscal year 2014~~	36654
~~under division (B)(2)(a) of this section if division (B)(2)(b)(i)~~	36655
~~of this section does not apply to the ICF/IID~~equal to the	36656
difference between the amount of the per diem indirect care costs	36657
determined for the ICF/IID under division (B)(1) of this section	36658
for the fiscal year in which the rate will be paid and the maximum	36659
rate established for the ICF/IID's peer group under division (C)	36660
of this section for that fiscal year.	36661

~~(c) For fiscal year 2016 and each fiscal year thereafter~~	36662
~~ending in an even-numbered calendar year, the following~~	36663
~~percentages of the maximum rate established for the ICF/IID's peer~~	36664
~~group under division (C) of this section:~~	36665

~~(i) Seven and one-tenth per cent if the provider of the~~	36666
~~ICF/IID obtains the department's approval to become a downsized~~	36667
~~ICF/IID and the approval is conditioned on the downsizing being~~	36668
~~completed not later than July 1, 2018;~~	36669

~~(ii) Three and fifty-five hundredths per cent if division~~	36670
~~(B)(2)(c)(i) of this section does not apply to the ICF/IID.~~	36671

~~(d) For fiscal year 2017 and each fiscal year thereafter~~	36672
~~ending in an odd-numbered calendar year, the amount calculated for~~	36673
~~the immediately preceding fiscal year under division (B)(2)(c) of~~	36674
~~this section.~~	36675

~~(3) If the ICF/IID has eight or fewer beds, an efficiency~~	36676
~~incentive in the following amount:~~	36677

~~(a) For each fiscal year ending in an even-numbered calendar~~	36678
~~year, seven per cent of the maximum rate established for the~~	36679
~~ICF/IID's peer group under division (C) of this section;~~	36680

~~(b) For each fiscal year ending in an odd-numbered calendar~~	36681
~~year, the amount calculated for the immediately preceding fiscal~~	36682
~~year under division (B)(3)(a) of this section.~~	36683

(C)(1) The maximum rate for indirect care costs for each peer	36684
group of ICFs/IID with more than eight beds shall be determined as	36685
follows:	36686

(a) For each fiscal year ending in an even-numbered calendar	36687
year, the maximum rate for each such peer group shall be the rate	36688
that is no less than twelve and four-tenths per cent above the	36689
median desk-reviewed, actual, allowable, per diem indirect care	36690
cost for all ICFs/IID in the peer group (excluding ICFs/IID in the	36691
peer group whose indirect care costs for that period are more than	36692
three standard deviations from the mean desk-reviewed, actual,	36693
allowable, per diem indirect care cost for all ICFs/IID with more	36694
than eight beds) for the calendar year immediately preceding the	36695
fiscal year in which the rate will be paid, adjusted by the	36696
inflation rate estimated under division ~~(D)~~(E)(1) of this section.	36697

(b) For each fiscal year ending in an odd-numbered calendar	36698
year, the maximum rate for each such peer group is the peer	36699
group's maximum rate for the previous fiscal year, adjusted for	36700
the inflation rate estimated under division ~~(D)~~(E)(2) of this	36701
section.	36702

(2) The maximum rate for indirect care costs for each peer	36703
group of ICFs/IID with eight or fewer beds shall be determined as	36704
follows:	36705

(a) For each fiscal year ending in an even-numbered calendar	36706
year, the maximum rate for each such peer group shall be the rate	36707
that is no less than ten and three-tenths per cent above the	36708
median desk-reviewed, actual, allowable, per diem indirect care	36709
cost for all ICFs/IID in the peer group (excluding ICFs/IID in the	36710
peer group whose indirect care costs are more than three standard	36711
deviations from the mean desk-reviewed, actual, allowable, per	36712
diem indirect care cost for all ICFs/IID with eight or fewer beds)	36713
for the calendar year immediately preceding the fiscal year in	36714
which the rate will be paid, adjusted by the inflation rate	36715
estimated under division ~~(D)~~(E)(1) of this section.	36716

(b) For each fiscal year ending in an odd-numbered calendar	36717
year, the maximum rate for each such peer group is the peer	36718
group's maximum rate for the previous fiscal year, adjusted for	36719
the inflation rate estimated under division ~~(D)~~(E)(2) of this	36720
section.	36721

(3) The department shall not redetermine a maximum rate for	36722
indirect care costs under division (C)(1) or (2) of this section	36723
based on additional information that it receives after the maximum	36724
rate is set. The department shall redetermine the maximum rate for	36725
indirect care costs only if it made an error in computing the	36726
maximum rate based on the information available to the department	36727
at the time of the original calculation.	36728

(D)(1) The efficiency incentive for an ICF/IID with more than	36729
eight beds shall not exceed the following:	36730

(a) For fiscal year 2014, seven and one-tenth per cent of the	36731
maximum rate established for the ICF/IID's peer group under	36732
division (C) of this section;	36733

(b) For fiscal year 2015, the following amount:

36734

(i) The amount calculated for fiscal year 2014 under division	36735
(D)(1)(a) of this section if the provider of the ICF/IID obtains	36736
the department's approval to become a downsized ICF/IID and the	36737
approval is conditioned on the downsizing being completed not	36738
later than July 1, 2018;	36739

(ii) One-half of the amount calculated for fiscal year 2014	36740
under division (D)(1)(a) of this section if division (D)(1)(b)(i)	36741
of this section does not apply to the ICF/IID.	36742

(c) For fiscal year 2016 and each fiscal year thereafter	36743
ending in an even-numbered calendar year, the following	36744
percentages of the maximum rate established for the ICF/IID's peer	36745
group under division (C) of this section:	36746

(i) Seven and one-tenth per cent if the provider of the	36747
ICF/IID obtains the department's approval to become a downsized	36748
ICF/IID and the approval is conditioned on the downsizing being	36749
completed not later than July 1, 2018;	36750

(ii) Three and fifty-five hundredths per cent if division	36751
(D)(1)(c)(i) of this section does not apply to the ICF/IID.	36752

(d) For fiscal year 2017 and each fiscal year thereafter	36753
ending in an odd-numbered calendar year, the amount calculated for	36754
the immediately preceding fiscal year under division (D)(1)(c) of	36755
this section.	36756

(2) The efficiency incentive for an ICF/IID with eight or	36757
fewer beds shall not exceed the following:	36758

(a) For each fiscal year ending in an even-numbered calendar	36759
year, seven per cent of the maximum rate established for the	36760
ICF/IID's peer group under division (C) of this section;	36761

(b) For each fiscal year ending in an odd-numbered calendar	36762
year, the amount calculated for the immediately preceding fiscal	36763
year under division (D)(2)(a) of this section.	36764

(E)(1) When adjusting rates for inflation under divisions	36765
(B)(1), (C)(1)(a), and (C)(2)(a) of this section, the department	36766
shall estimate the rate of inflation for the eighteen-month period	36767
beginning on the first day of July of the calendar year	36768
immediately preceding the fiscal year in which the rate will be	36769
paid and ending on the thirty-first day of December of the fiscal	36770
year in which the rate will be paid. To estimate the rate of	36771
inflation, the department shall use the following:	36772

(a) Subject to division ~~(D)~~(E)(1)(b) of this section, the	36773
consumer price index for all items for all urban consumers for the	36774
midwest region, published by the United States bureau of labor	36775
statistics;	36776

(b) If the United States bureau of labor statistics ceases to	36777
publish the index specified in division ~~(D)~~(E)(1)(a) of this	36778
section, a comparable index that the bureau publishes and the	36779
department determines is appropriate.	36780

(2) When adjusting rates for inflation under divisions	36781
(C)(1)(b) and (C)(2)(b) of this section, the department shall	36782
estimate the rate of inflation for the twelve-month period	36783
beginning on the first day of January of the fiscal year	36784
immediately preceding the fiscal year in which the rate will be	36785
paid and ending on the thirty-first day of December of the fiscal	36786
year in which the rate will be paid. To estimate the rate of	36787
inflation, the department shall use the following:	36788

(a) Subject to division ~~(D)~~(E)(2)(b) of this section, the	36789
consumer price index for all items for all urban consumers for the	36790
midwest region, published by the United States bureau of labor	36791
statistics;	36792

(b) If the United States bureau of labor statistics ceases to	36793
publish the index specified in division ~~(D)~~(E)(2)(a) of this	36794
section, a comparable index that the bureau publishes and the	36795
department determines is appropriate.	36796

(3) If an inflation rate estimated under division ~~(D)~~(E)(1)	36797
or (2) of this section is different from the actual inflation rate	36798
for the relevant time period, as measured using the same index,	36799
the difference shall be added to or subtracted from the inflation	36800
rate estimated pursuant to this division for the following fiscal	36801
year.	36802

~~(E)~~(F) The director of developmental disabilities shall adopt	36803
rules under section 5124.03 of the Revised Code that specify peer	36804
groups of ICFs/IID with more than eight beds and peer groups of	36805
ICFs/IID with eight or fewer beds, based on findings of	36806
significant per diem indirect care cost differences due to	36807
geography and bed-size. The rules also may specify peer groups	36808
based on findings of significant per diem indirect care cost	36809
differences due to other factors, including case-mix.	36810

Sec. 5124.60. (A) For the purpose of increasing the number	36811
of slots available for home and community-based services ~~and~~	36812
~~subject to sections 5124.63 and 5124.64 of the Revised Code~~, the	36813
operator of an ICF/IID may convert some or all of the beds in the	36814
ICF/IID from providing ICF/IID services to providing home and	36815
community-based services if all of the following requirements are	36816
met:	36817

(1) The operator provides the directors of health and	36818
developmental disabilities at least ninety days' notice of the	36819
operator's intent to make the conversion.	36820

(2) The operator complies with the requirements of sections	36821
5124.50 to 5124.53 of the Revised Code regarding a voluntary	36822
termination if those requirements are applicable.	36823

(3) If the operator intends to convert all of the ICF/IID's	36824
beds, the operator notifies each of the ICF/IID's residents that	36825
the ICF/IID is to cease providing ICF/IID services and inform each	36826
resident that the resident may do either of the following:	36827

(a) Continue to receive ICF/IID services by transferring to	36828
another ICF/IID that is willing and able to accept the resident if	36829
the resident continues to qualify for ICF/IID services;	36830

(b) Begin to receive home and community-based services	36831
instead of ICF/IID services from any provider of home and	36832
community-based services that is willing and able to provide the	36833
services to the resident if the resident is eligible for the	36834
services and a slot for the services is available to the resident.	36835

(4) If the operator intends to convert some but not all of	36836
the ICF/IID's beds, the operator notifies each of the ICF/IID's	36837
residents that the ICF/IID is to convert some of its beds from	36838
providing ICF/IID services to providing home and community-based	36839
services and inform each resident that the resident may do either	36840
of the following:	36841

(a) Continue to receive ICF/IID services from any ICF/IID	36842
that is willing and able to provide the services to the resident	36843
if the resident continues to qualify for ICF/IID services;	36844

(b) Begin to receive home and community-based services	36845
instead of ICF/IID services from any provider of home and	36846
community-based services that is willing and able to provide the	36847
services to the resident if the resident is eligible for the	36848
services and a slot for the services is available to the resident.	36849

(5) The operator meets the requirements for providing home	36850
and community-based services, including the following:	36851

(a) Such requirements applicable to a residential facility if	36852
the operator maintains the facility's license as a residential	36853
facility;	36854

(b) Such requirements applicable to a facility that is not	36855
licensed as a residential facility if the operator surrenders the	36856
facility's license as a residential facility under section 5123.19	36857
of the Revised Code.	36858

(6) The director of developmental disabilities approves the	36859
conversion.	36860

(B) A decision by the director of developmental disabilities	36861
to approve or refuse to approve a proposed conversion of beds is	36862
final. In making a decision, the director shall consider all of	36863
the following:	36864

(1) The fiscal impact on the ICF/IID if some but not all of	36865
the beds are converted;	36866

(2) The fiscal impact on the medicaid program;

36867

(3) The availability of home and community-based services.

36868

(C) The notice provided to the directors under division	36869
(A)(1) of this section shall specify whether some or all of the	36870
ICF/IID's beds are to be converted. If some but not all of the	36871
beds are to be converted, the notice shall specify how many of the	36872
ICF/IID's beds are to be converted and how many of the beds are to	36873
continue to provide ICF/IID services. The notice to the director	36874
of developmental disabilities shall specify whether the operator	36875
wishes to surrender the ICF/IID's license as a residential	36876
facility under section 5123.19 of the Revised Code.	36877

(D)(1) If the director of developmental disabilities approves	36878
a conversion under division (B) of this section, the director of	36879
health shall do the following:	36880

(a) Terminate the ICF/IID's medicaid certification if the	36881
notice specifies that all of the ICF/IID's beds are to be	36882
converted;	36883

(b) Reduce the ICF/IID's medicaid-certified capacity by the	36884
number of beds being converted if the notice specifies that some	36885
but not all of the beds are to be converted.	36886

(2) The director of health shall notify the medicaid director	36887
of the termination or reduction. On receipt of the notice, the	36888
medicaid director shall do the following:	36889

(a) Terminate the operator's medicaid provider agreement that	36890
authorizes the operator to provide ICF/IID services at the ICF/IID	36891
if the ICF/IID's certification was terminated;	36892

(b) Amend the operator's medicaid provider agreement to	36893
reflect the ICF/IID's reduced medicaid-certified capacity if the	36894
ICF/IID's medicaid-certified capacity is reduced.	36895

(3) In the case of action taken under division (D)(2)(a) of	36896
this section, the operator is not entitled to notice or a hearing	36897
under Chapter 119. of the Revised Code before the medicaid	36898
director terminates the medicaid provider agreement.	36899

Sec. 5124.61. (A) For the purpose of increasing the number of	36900
slots available for home and community-based services ~~and subject~~	36901
~~to sections 5124.63 and 5124.64 of the Revised Code~~, a person who	36902
acquires, through a request for proposals issued by the director	36903
of developmental disabilities, an ICF/IID for which a residential	36904
facility license was previously surrendered or revoked may convert	36905
some or all of the ICF/IID's beds from providing ICF/IID services	36906
to providing home and community-based services if all of the	36907
following requirements are met:	36908

(1) The person provides the directors of health and	36909
developmental disabilities and medicaid director at least ninety	36910
days' notice of the person's intent to make the conversion.	36911

(2) The person complies with the requirements of sections	36912
5124.50 to 5124.53 of the Revised Code regarding a voluntary	36913
termination if those requirements are applicable.	36914

(3) If the person intends to convert all of the ICF/IID's	36915
beds, the person notifies each of the ICF/IID's residents that the	36916
ICF/IID is to cease providing ICF/IID services and informs each	36917
resident that the resident may do either of the following:	36918

(a) Continue to receive ICF/IID services by transferring to	36919
another ICF/IID willing and able to accept the resident if the	36920
resident continues to qualify for ICF/IID services;	36921

(b) Begin to receive home and community-based services	36922
instead of ICF/IID services from any provider of home and	36923
community-based services that is willing and able to provide the	36924
services to the resident if the resident is eligible for the	36925
services and a slot for the services is available to the resident.	36926

(4) If the person intends to convert some but not all of the	36927
ICF/IID's beds, the person notifies each of the ICF/IID's	36928
residents that the ICF/IID is to convert some of its beds from	36929
providing ICF/IID services to providing home and community-based	36930
services and inform each resident that the resident may do either	36931
of the following:	36932

(a) Continue to receive ICF/IID services from any that is	36933
willing and able to provide the services to the resident if the	36934
resident continues to qualify for ICF/IID services;	36935

(b) Begin to receive home and community-based services	36936
instead of ICF/IID services from any provider of home and	36937
community-based services that is willing and able to provide the	36938
services to the resident if the resident is eligible for the	36939
services and a slot for the services is available to the resident.	36940

(5) The person meets the requirements for providing home and	36941
community-based services at a residential facility.	36942

(B) The notice provided to the directors under division	36943
(A)(1) of this section shall specify whether some or all of the	36944
ICF/IID's beds are to be converted. If some but not all of the	36945
beds are to be converted, the notice shall specify how many of the	36946
ICF/IID's beds are to be converted and how many of the beds are to	36947
continue to provide ICF/IID services.	36948

(C) On receipt of a notice under division (A)(1) of this	36949
section, the director of health shall do the following:	36950

(1) Terminate the ICF/IID's medicaid certification if the	36951
notice specifies that all of the facility's beds are to be	36952
converted;	36953

(2) Reduce the ICF/IID's medicaid-certified capacity by the	36954
number of beds being converted if the notice specifies that some	36955
but not all of the beds are to be converted.	36956

(D) The director of health shall notify the medicaid director	36957
of the termination or reduction under division (C) of this	36958
section. On receipt of the director of health's notice, the	36959
medicaid director shall do the following:	36960

(1) Terminate the person's medicaid provider agreement that	36961
authorizes the person to provide ICF/IID services at the ICF/IID	36962
if the ICF/IID's medicaid certification was terminated;	36963

(2) Amend the person's medicaid provider agreement to reflect	36964
the ICF/IID's reduced medicaid-certified capacity if the ICF/IID's	36965
medicaid-certified capacity is reduced.	36966

The person is not entitled to notice or a hearing under	36967
Chapter 119. of the Revised Code before the medicaid director	36968
terminates or amends the medicaid provider agreement.	36969

Sec. 5124.62. ~~Subject to section 5124.63 of the Revised~~	36970
~~Code, the~~The director of developmental disabilities may request	36971
that the medicaid director seek the approval of the United States	36972
secretary of health and human services to increase the number of	36973
slots available for home and community-based services by a number	36974
not exceeding the number of beds that were part of the licensed	36975
capacity of a residential facility that had its license revoked or	36976
surrendered under section 5123.19 of the Revised Code if the	36977
residential facility was an ICF/IID at the time of the license	36978
revocation or surrender. ~~The revocation or surrender may have~~	36979
~~occurred before, or may occur on or after, June 24, 2008.~~ The	36980
request may include beds the director of developmental	36981
disabilities removed from such a residential facility's licensed	36982
capacity before transferring ownership or operation of the	36983
residential facility pursuant to a request for proposals.	36984

Sec. 5124.67. (A)(1) The department of developmental	36985
disabilities shall strive to achieve, not later than July 1, 2018,	36986
the following statewide reductions in ICF/IID beds:	36987

~~(1)~~(a) At least five hundred ~~and not more than six hundred~~	36988
beds in ICFs/IID that, before becoming downsized ICFs/IID, have	36989
sixteen or more beds;	36990

~~(2)~~(b) At least five hundred ~~and not more than six hundred~~	36991
beds in ICFs/IID with any number of beds that convert some or all	36992
of their beds from providing ICF/IID services to providing home	36993
and community-based services pursuant to section 5124.60 or	36994
5124.61 of the Revised Code.	36995

(2) The department shall strive to achieve a reduction of at	36996
least one thousand two hundred ICF/IID beds through a combination	36997
of the methods specified in divisions (A)(1)(a) and (b) of this	36998
section.	36999

(B) In its efforts to achieve the reductions under division	37000
(A) of this section, the department shall collaborate with the	37001
Ohio association of county boards serving people with	37002
developmental disabilities, the Ohio provider resource	37003
association, the Ohio centers for intellectual disabilities formed	37004
by the Ohio health care association, and the values and faith	37005
alliance. The collaboration efforts may include the following:	37006

(1) Identifying ICFs/IID that may reduce the number of their	37007
beds to help achieve the reductions under division (A) of this	37008
section;	37009

(2) Encouraging ICF/IID providers to reduce the number of	37010
their ICFs/IID's beds;	37011

(3) Establishing interim time frames for making progress in	37012
achieving the reductions;	37013

(4) Creating incentives for, and removing impediments to, the	37014
reductions;	37015

(5) In the case of ICF/IID beds that are converted to	37016
providing home and community-based services, developing a	37017
mechanism to compensate providers for beds that permanently cease	37018
to provide ICF/IID services.	37019

(C) The department shall meet not less than twice each year	37020
with the organizations specified in division (B) of this section	37021
to do all of the following:	37022

(1) Review the progress being made in achieving the	37023
reductions under division (A) of this section;	37024

(2) Prepare written reports on the progress;

37025

(3) Identify additional measures needed to achieve the	37026
reductions.	37027

Sec. 5126.01. As used in this chapter:

37028

(A) As used in this division, "adult" means an individual who	37029
is eighteen years of age or over and not enrolled in a program or	37030
service under Chapter 3323. of the Revised Code and an individual	37031
sixteen or seventeen years of age who is eligible for adult	37032
services under rules adopted by the director of developmental	37033
disabilities pursuant to Chapter 119. of the Revised Code.	37034

(1) "Adult services" means services provided to an adult	37035
outside the home, except when they are provided within the home	37036
according to an individual's assessed needs and identified in an	37037
individual service plan, that support learning and assistance in	37038
the area of self-care, sensory and motor development,	37039
socialization, daily living skills, communication, community	37040
living, social skills, or vocational skills.	37041

(2) "Adult services" includes all of the following:

37042

(a) Adult day habilitation services;

37043

(b) ~~Adult day care;~~

37044

~~(c) Prevocational~~Employment services;

37045

~~(d) Sheltered employment;~~

37046

~~(e)~~(c) Educational experiences and training obtained through	37047
entities and activities that are not expressly intended for	37048
individuals with mental retardation and developmental	37049
disabilities, including trade schools, vocational or technical	37050
schools, adult education, job exploration and sampling, unpaid	37051
work experience in the community, volunteer activities, and	37052
spectator sports;	37053

~~(f) Community employment services and supported employment~~	37054
~~services~~.	37055

(B)(1) "Adult day habilitation services" means adult services	37056
that do the following:	37057

(a) Provide access to and participation in typical activities	37058
and functions of community life that are desired and chosen by the	37059
general population, including such activities and functions as	37060
opportunities to experience and participate in community	37061
exploration, companionship with friends and peers, leisure	37062
activities, hobbies, maintaining family contacts, community	37063
events, and activities where individuals without disabilities are	37064
involved;	37065

(b) Provide supports or a combination of training and	37066
supports that afford an individual a wide variety of opportunities	37067
to facilitate and build relationships and social supports in the	37068
community.	37069

(2) "Adult day habilitation services" includes all of the	37070
following:	37071

(a) Personal care services needed to ensure an individual's	37072
ability to experience and participate in vocational services,	37073
educational services, community activities, and any other adult	37074
day habilitation services;	37075

(b) Skilled services provided while receiving adult day	37076
habilitation services, including such skilled services as behavior	37077
management intervention, occupational therapy, speech and language	37078
therapy, physical therapy, and nursing services;	37079

(c) ~~Training and education in self-determination designed to~~	37080
~~help the individual do one or more of the following: develop~~	37081
~~self-advocacy skills, exercise the individual's civil rights,~~	37082
~~acquire skills that enable the individual to exercise control and~~	37083
~~responsibility over the services received, and acquire skills that~~	37084
~~enable the individual to become more independent, integrated, or~~	37085
~~productive in the community;~~	37086

~~(d)~~ Recreational and leisure activities identified in the	37087
individual's service plan as therapeutic in nature or assistive in	37088
developing or maintaining social supports;	37089

~~(e)~~(d) Counseling and assistance provided to obtain housing,	37090
including such counseling as identifying options for either rental	37091
or purchase, identifying financial resources, assessing needs for	37092
environmental modifications, locating housing, and planning for	37093
ongoing management and maintenance of the housing selected;	37094

~~(f)~~(e) Transportation necessary to access adult day	37095
habilitation services;	37096

~~(g)~~(f) Habilitation management, as described in section	37097
5126.14 of the Revised Code.	37098

(3) "Adult day habilitation services" does not include	37099
activities that are components of the provision of residential	37100
services, family support services, or supported living services.	37101

37102

(1) In the case of a member of a county board of	37103
developmental disabilities appointed by, or to be appointed by, a	37104
board of county commissioners, the board of county commissioners;	37105

(2) In the case of a member of a county board appointed by,	37106
or to be appointed by, a senior probate judge, the senior probate	37107
judge.	37108

(D) "Community employment," "competitive employment," and	37109
"integrated setting" have the same meanings as in section 5123.022	37110
of the Revised Code.	37111

(E) "Supported employment services" means vocational	37112
assessment, job training and coaching, job development and	37113
placement, worksite accessibility, and other services related to	37114
employment outside a sheltered workshop. "Supported employment	37115
services" includes both of the following:	37116

(1) Job training resulting in the attainment of community	37117
employment, supported work in a typical work environment, or	37118
self-employment;	37119

(2) Support for ongoing community employment, supported work	37120
at community-based sites, or self-employment.	37121

(F) As used in this division, ~~"substantial functional~~	37122
~~limitation,"~~ "developmental delay," ~~and "established risk" have~~	37123
has the ~~meanings~~meaning established pursuant to section 5123.011	37124
of the Revised Code.	37125

"Developmental disability" means a severe, chronic disability	37126
that is characterized by all of the following:	37127

(1) It is attributable to a mental or physical impairment or	37128
a combination of mental and physical impairments, other than a	37129
mental or physical impairment solely caused by mental illness as	37130
defined in division (A) of section 5122.01 of the Revised Code;	37131

(2) It is manifested before age twenty-two;

37132

(3) It is likely to continue indefinitely;

37133

(4) It results in one of the following:

37134

(a) In the case of a person under age three, at least one	37135
developmental delay or ~~an established risk~~a diagnosed physical or	37136
mental condition that has a high probability of resulting in a	37137
developmental delay;	37138

(b) In the case of a person at least age three but under age	37139
six, at least two developmental delays ~~or an established risk~~;	37140

(c) In the case of a person age six or older, a substantial	37141
functional limitation in at least three of the following areas of	37142
major life activity, as appropriate for the person's age:	37143
self-care, receptive and expressive language, learning, mobility,	37144
self-direction, capacity for independent living, and, if the	37145
person is at least age sixteen, capacity for economic	37146
self-sufficiency.	37147

(5) It causes the person to need a combination and sequence	37148
of special, interdisciplinary, or other type of care, treatment,	37149
or provision of services for an extended period of time that is	37150
individually planned and coordinated for the person.	37151

(G) "Early childhood services" means a planned program of	37152
habilitation designed to meet the needs of individuals with mental	37153
retardation or other developmental disabilities who have not	37154
attained compulsory school age.	37155

(H) "Employment services" means prevocational services or	37156
supported employment services.	37157

(I)(1) "Environmental modifications" means the physical	37158
adaptations to an individual's home, specified in the individual's	37159
service plan, that are necessary to ensure the individual's	37160
health, safety, and welfare or that enable the individual to	37161
function with greater independence in the home, and without which	37162
the individual would require institutionalization.	37163

(2) "Environmental modifications" includes such adaptations	37164
as installation of ramps and grab-bars, widening of doorways,	37165
modification of bathroom facilities, and installation of	37166
specialized electric and plumbing systems necessary to accommodate	37167
the individual's medical equipment and supplies.	37168

(3) "Environmental modifications" does not include physical	37169
adaptations or improvements to the home that are of general	37170
utility or not of direct medical or remedial benefit to the	37171
individual, including such adaptations or improvements as	37172
carpeting, roof repair, and central air conditioning.	37173

(J) "Family support services" means the services provided	37174
under a family support services program operated under section	37175
5126.11 of the Revised Code.	37176

(K) "Habilitation" means the process by which the staff of	37177
the facility or agency assists an individual with mental	37178
retardation or other developmental disability in acquiring and	37179
maintaining those life skills that enable the individual to cope	37180
more effectively with the demands of the individual's own person	37181
and environment, and in raising the level of the individual's	37182
personal, physical, mental, social, and vocational efficiency.	37183
Habilitation includes, but is not limited to, programs of formal,	37184
structured education and training.	37185

(L) "Home and community-based services" has the same meaning	37186
as in section 5123.01 of the Revised Code.	37187

(M) "ICF/IID" has the same meaning as in section 5124.01 of	37188
the Revised Code.	37189

(N) "Immediate family" means parents, grandparents, brothers,	37190
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	37191
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	37192
daughters-in-law.	37193

(O) "Medicaid case management services" means case management	37194
services provided to an individual with mental retardation or	37195
other developmental disability that the state medicaid plan	37196
requires.	37197

(P) "Mental retardation" means a mental impairment manifested	37198
during the developmental period characterized by significantly	37199
subaverage general intellectual functioning existing concurrently	37200
with deficiencies in the effectiveness or degree with which an	37201
individual meets the standards of personal independence and social	37202
responsibility expected of the individual's age and cultural	37203
group.	37204

(Q) "Prevocational services" means services~~, including~~	37205
~~services as a volunteer,~~ that provide learning and work	37206
experiences, including volunteer work experiences, from which an	37207
individual can develop general strengths and skills that are not	37208
specific to a particular task or job but contribute to	37209
employability in community employment, supported work at	37210
community-based sites, or self-employment.	37211

(R) "Residential services" means services to individuals with	37212
mental retardation or other developmental disabilities to provide	37213
housing, food, clothing, habilitation, staff support, and related	37214
support services necessary for the health, safety, and welfare of	37215
the individuals and the advancement of their quality of life.	37216
"Residential services" includes program management, as described	37217
in section 5126.14 of the Revised Code.	37218

(S) "Resources" means available capital and other assets,	37219
including moneys received from the federal, state, and local	37220
governments, private grants, and donations; appropriately	37221
qualified personnel; and appropriate capital facilities and	37222
equipment.	37223

(T) "Senior probate judge" means the current probate judge of	37224
a county who has served as probate judge of that county longer	37225
than any of the other current probate judges of that county. If a	37226
county has only one probate judge, "senior probate judge" means	37227
that probate judge.	37228

(U) "Service and support administration" means the duties	37229
performed by a service and support administrator pursuant to	37230
section 5126.15 of the Revised Code.	37231

(V)(1) "Specialized medical, adaptive, and assistive	37232
equipment, supplies, and supports" means equipment, supplies, and	37233
supports that enable an individual to increase the ability to	37234
perform activities of daily living or to perceive, control, or	37235
communicate within the environment.	37236

(2) "Specialized medical, adaptive, and assistive equipment,	37237
supplies, and supports" includes the following:	37238

(a) Eating utensils, adaptive feeding dishes, plate guards,	37239
mylatex straps, hand splints, reaches, feeder seats, adjustable	37240
pointer sticks, interpreter services, telecommunication devices	37241
for the deaf, computerized communications boards, other	37242
communication devices, support animals, veterinary care for	37243
support animals, adaptive beds, supine boards, prone boards,	37244
wedges, sand bags, sidelayers, bolsters, adaptive electrical	37245
switches, hand-held shower heads, air conditioners, humidifiers,	37246
emergency response systems, folding shopping carts, vehicle lifts,	37247
vehicle hand controls, other adaptations of vehicles for	37248
accessibility, and repair of the equipment received.	37249

(b) Nondisposable items not covered by medicaid that are	37250
intended to assist an individual in activities of daily living or	37251
instrumental activities of daily living.	37252

(W) "Supportive home services" means a range of services to	37253
families of individuals with mental retardation or other	37254
developmental disabilities to develop and maintain increased	37255
acceptance and understanding of such persons, increased ability of	37256
family members to teach the person, better coordination between	37257
school and home, skills in performing specific therapeutic and	37258
management techniques, and ability to cope with specific	37259
situations.	37260

(X)(1) "Supported living" means services provided for as long	37261
as twenty-four hours a day to an individual with mental	37262
retardation or other developmental disability through any public	37263
or private resources, including moneys from the individual, that	37264
enhance the individual's reputation in community life and advance	37265
the individual's quality of life by doing the following:	37266

(a) Providing the support necessary to enable an individual	37267
to live in a residence of the individual's choice, with any number	37268
of individuals who are not disabled, or with not more than three	37269
individuals with mental retardation and developmental disabilities	37270
unless the individuals are related by blood or marriage;	37271

(b) Encouraging the individual's participation in the	37272
community;	37273

37274

(d) Assisting the individual in acquiring, retaining, and	37275
improving the skills and competence necessary to live successfully	37276
in the individual's residence.	37277

(2) "Supported living" includes the provision of all of the	37278
following:	37279

(a) Housing, food, clothing, habilitation, staff support,	37280
professional services, and any related support services necessary	37281
to ensure the health, safety, and welfare of the individual	37282
receiving the services;	37283

(b) A combination of lifelong or extended-duration	37284
supervision, training, and other services essential to daily	37285
living, including assessment and evaluation and assistance with	37286
the cost of training materials, transportation, fees, and	37287
supplies;	37288

37289

(d) Household maintenance that does not include modifications	37290
to the physical structure of the residence;	37291

(e) Respite care services;

37292

(f) Program management, as described in section 5126.14 of	37293
the Revised Code.	37294

Sec. 5126.0219. (A) Each county board of developmental	37295
disabilities shall either employ a superintendent or obtain the	37296
services of the superintendent of another county board of	37297
developmental disabilities. The board shall provide for a	37298
superintendent who is qualified, as specified in rules adopted by	37299
the department of developmental disabilities in accordance with	37300
Chapter 119. of the Revised Code. The superintendent shall have no	37301
voting privileges on the board.	37302

If the superintendent position becomes vacant, the county	37303
board first shall consider entering into an agreement with another	37304
county board for the sharing of a superintendent under division	37305
(B) of this section. If the county board determines there are no	37306
significant efficiencies or it is impractical to share a	37307
superintendent, the county board may employ a superintendent in	37308
accordance with this section to fill the vacancy.	37309

The board shall prescribe the duties of its superintendent	37310
and review the superintendent's performance. The superintendent	37311
may be removed, suspended, or demoted for cause pursuant to	37312
section 5126.23 of the Revised Code. The board shall fix the	37313
superintendent's compensation and reimburse the superintendent for	37314
actual and necessary expenses.	37315

Each county board that employs its own superintendent shall	37316
employ the superintendent under a contract. To enter into a	37317
contract, the board shall adopt a resolution agreeing to the	37318
contract. Each contract for employment or re-employment of a	37319
superintendent shall be for a term of not less than one and not	37320
more than five years. At the expiration of a superintendent's	37321
current term of employment, the superintendent may be re-employed.	37322
If the board intends not to re-employ the superintendent, the	37323
board shall give the superintendent written notification of its	37324
intention. The notice shall be given not less than ninety days	37325
prior to the expiration of the superintendent's contract.	37326

(B) Two or more county boards may enter into an arrangement	37327
under which the superintendent of one county board acts as the	37328
superintendent of another county board. To enter into such an	37329
arrangement, each board shall adopt a resolution agreeing to the	37330
arrangement. The resolutions shall specify the duration of the	37331
arrangement and the contribution each board is to make to the	37332
superintendent's compensation and reimbursement for expenses.	37333

(C) If a vacancy occurs in the position of superintendent, a	37334
county board may appoint a person who holds a valid	37335
superintendent's certificate issued under the rules of the	37336
department to work under a contract for an interim period not to	37337
exceed one hundred eighty days until a permanent superintendent	37338
can be employed or arranged for under division (A) or (B) of this	37339
section. The director of the department may approve additional	37340
periods of time for these types of interim appointments when so	37341
requested by a resolution adopted by a county board, if the	37342
director determines that the additional periods are warranted and	37343
the services of a permanent superintendent are not available.	37344

Sec. 5126.041. (A) As used in this section:

37345

(1) ~~"Biological risk" and "environmental risk" have the~~	37346
~~meanings established pursuant to section 5123.011 of the Revised~~	37347
~~Code.~~	37348

~~(2)~~ "Preschool child with a disability" has the same meaning	37349
as in section 3323.01 of the Revised Code.	37350

~~(3)~~(2) "State institution" means all or part of an	37351
institution under the control of the department of developmental	37352
disabilities pursuant to section 5123.03 of the Revised Code and	37353
maintained for the care, treatment, and training of the mentally	37354
retarded.	37355

(B) Except as provided in division (C) of this section, each	37356
county board of developmental disabilities shall make eligibility	37357
determinations in accordance with the definition of "developmental	37358
disability" in section 5126.01 of the Revised Code. Pursuant to	37359
rules ~~the department of developmental disabilities shall adopt in~~	37360
~~accordance with Chapter 119.~~adopted under section 5123.012 of the	37361
Revised Code, a county board may establish eligibility for	37362
programs and services for ~~either of the following:~~	37363

~~(1) Individuals under age six who have a biological risk or~~	37364
~~environmental risk of a developmental delay;~~	37365

~~(2) Any~~any preschool child with a disability eligible for	37366
services under section 3323.02 of the Revised Code whose	37367
disability is not attributable solely to mental illness as defined	37368
in section 5122.01 of the Revised Code.	37369

(C)(1) A county board shall make determinations of	37370
eligibility for service and support administration in accordance	37371
with rules adopted under section 5126.08 of the Revised Code.	37372

(2) All persons who were eligible for services and enrolled	37373
in programs offered by a county board of developmental	37374
disabilities pursuant to this chapter on July 1, 1991, shall	37375
continue to be eligible for those services and to be enrolled in	37376
those programs as long as they are in need of services.	37377

(3) A person who resided in a state institution on or before	37378
October 29, 1993, is eligible for programs and services offered by	37379
a county board of developmental disabilities, unless the person is	37380
determined by the county board not to be in need of those programs	37381
and services.	37382

(D) A county board shall refer a person who requests but is	37383
not eligible for programs and services offered by the board to	37384
other entities of state and local government or appropriate	37385
private entities that provide services.	37386

(E) Membership of a person on, or employment of a person by,	37387
a county board of developmental disabilities does not affect the	37388
eligibility of any member of that person's family for services	37389
provided by the board or by any entity under contract with the	37390
board.	37391

Sec. 5126.046. (A) Except as otherwise provided by 42 C.F.R.	37392
431.51, an individual with mental retardation or other	37393
developmental disability who is eligible for home and	37394
community-based services has the right to obtain the services from	37395
any provider of the services that is qualified to furnish the	37396
services and is willing to furnish the services to the individual.	37397
A county board of developmental disabilities that has medicaid	37398
local administrative authority under division (A) of section	37399
5126.055 of the Revised Code for home and community-based services	37400
and refuses to permit an individual to obtain home and	37401
community-based services from a qualified and willing provider	37402
shall provide the individual timely notice that the individual may	37403
~~request a hearing~~appeal under section ~~5101.35~~5160.31 of the	37404
Revised Code.	37405

(B) An individual with mental retardation or other	37406
developmental disability who is eligible for nonmedicaid	37407
residential services or nonmedicaid supported living has the right	37408
to obtain the services from any provider of the residential	37409
services or supported living that is qualified to furnish the	37410
residential services or supported living and is willing to furnish	37411
the residential services or supported living to the individual.	37412

(C) The department of developmental disabilities shall make	37413
available to the public on its internet web site an up-to-date	37414
list of all providers of home and community-based services,	37415
nonmedicaid residential services, and nonmedicaid supported	37416
living. County boards shall assist individuals with mental	37417
retardation or other developmental disabilities and the families	37418
of such individuals access the list on the department's internet	37419
web site.	37420

(D) The director of developmental disabilities shall adopt	37421
rules in accordance with Chapter 119. of the Revised Code	37422
governing the implementation of this section. The rules shall	37423
include procedures for individuals to choose their providers. ~~The~~	37424
~~rules shall not be limited by a provider selection system~~	37425
~~established under section 5126.42 of the Revised Code, including~~	37426
~~any pool of providers created pursuant to a provider selection~~	37427
~~system.~~	37428

Sec. 5126.051. (A) To the extent that resources are	37429
available, a county board of developmental disabilities shall	37430
provide for or arrange residential services and supported living	37431
for individuals with mental retardation and developmental	37432
disabilities.	37433

A county board may acquire, convey, lease, or sell property	37434
for residential services and supported living and enter into loan	37435
agreements, including mortgages, for the acquisition of such	37436
property. A county board is not required to comply with provisions	37437
of Chapter 307. of the Revised Code providing for competitive	37438
bidding or sheriff sales in the acquisition, lease, conveyance, or	37439
sale of property under this division, but the acquisition, lease,	37440
conveyance, or sale must be at fair market value determined by	37441
appraisal of one or more disinterested persons appointed by the	37442
board.	37443

Any action taken by a county board under this division that	37444
will incur debt on the part of the county shall be taken in	37445
accordance with Chapter 133. of the Revised Code. A county board	37446
shall not incur any debt on the part of the county without the	37447
prior approval of the board of county commissioners.	37448

(B)(1) To the extent that resources are available, a county	37449
board shall provide or arrange for the provision of adult services	37450
to individuals who are age eighteen and older and not enrolled in	37451
a program or service under Chapter 3323. of the Revised Code or	37452
age sixteen or seventeen and eligible for adult services under	37453
rules adopted by the director of developmental disabilities under	37454
Chapter 119. of the Revised Code. These services shall be provided	37455
in accordance with the individual's individual service plan and	37456
shall include support services specified in the plan.	37457

(2) Any prevocational services shall be provided in	37458
accordance with the individual's individual service plan and occur	37459
over a specified period of time with specific outcomes sought to	37460
be achieved.	37461

(3) A county board may, in cooperation with the opportunities	37462
for Ohioans with disabilities agency, seek federal funds for job	37463
training or other services ~~directly~~directed at helping	37464
individuals obtain community employment.	37465

(4) A county board may contract with any agency, board, or	37466
other entity that is accredited by the commission on accreditation	37467
of rehabilitation facilities to provide services. A county board	37468
that is accredited by the commission on accreditation of	37469
rehabilitation facilities may provide services for which it is	37470
certified by the commission.	37471

(C) To the extent that resources are available, a county	37472
board may provide services to an individual with mental	37473
retardation or other developmental disability in addition to those	37474
provided pursuant to this section, section 5126.05 of the Revised	37475
Code, or any other section of this chapter. The services shall be	37476
provided in accordance with the individual's individual service	37477
plan and may be provided in collaboration with other entities of	37478
state or local government.	37479

Sec. 5126.08. (A) The director of developmental disabilities	37480
shall adopt rules in accordance with Chapter 119. of the Revised	37481
Code for all programs and services offered by a county board of	37482
developmental disabilities. Such rules shall include, but are not	37483
limited to, the following:	37484

(1) Determination of what constitutes a program or service;

37485

(2) Standards to be followed by a board in administering,	37486
providing, arranging, or operating programs and services;	37487

(3) Standards for determining the nature and degree of mental	37488
retardation, including mild mental retardation, or developmental	37489
disability;	37490

(4) Standards and procedures for ~~determining~~making	37491
eligibility determinations for the programs and services ~~under~~	37492
~~section 5126.15 of the Revised Code~~;	37493

(5) Procedures for obtaining consent for the arrangement of	37494
services under section 5126.31 of the Revised Code and for	37495
obtaining signatures on individual service plans under that	37496
section;	37497

(6) Specification of the service and support administration	37498
to be provided by a county board and standards for resolving	37499
grievances in connection with service and support administration.	37500

(B) The director shall be the final authority in determining	37501
the nature and degree of mental retardation or developmental	37502
disability.	37503

Sec. 5126.21. As used in this section, "management employee"	37504
does not include the superintendent of a county board of	37505
developmental disabilities.	37506

(A)(1) Each management employee of a county board of	37507
developmental disabilities shall hold a limited contract for a	37508
period of not less than one year and not more than five years,	37509
except that a management employee hired after the beginning of a	37510
program year may be employed under a limited contract expiring at	37511
the end of the program year. The board shall approve all contracts	37512
of employment for management employees that are for a term of more	37513
than one year. A management employee shall receive notice of the	37514
superintendent's intention not to rehire the employee at least	37515
ninety days prior to the expiration of the contract.	37516

(2) During the term of a contract a management employee's	37517
salary may be increased, but shall not be reduced unless the	37518
reduction is part of a uniform plan affecting all employees of the	37519
board.	37520

(B) All management employees may be removed, suspended, or	37521
demoted for cause pursuant to section 5126.23 of the Revised Code.	37522

(C) All management employees shall receive employee benefits	37523
as established by the board. Sections 124.38 and 325.19 of the	37524
Revised Code do not apply to management employees.	37525

(D) The superintendent of a county board of developmental	37526
disabilities shall notify all management employees of the board of	37527
their salary no later than thirty days before the first day of the	37528
new contract year.	37529

(E) Each county board of developmental disabilities shall	37530
establish a lay-off policy to be followed if it determines a	37531
reduction in the number of management employees is necessary.	37532

(F) If a management employee position becomes vacant, the	37533
superintendent first shall consider whether to enter into an	37534
agreement with another county board for the sharing of personnel	37535
under 5126.02 of the Revised Code. If the superintendent	37536
determines there are no significant efficiencies or it is	37537
impractical to share personnel, the superintendent may employ a	37538
management employee to fill the vacancy.	37539

Sec. 5126.25. (A) The director of developmental disabilities	37540
shall adopt rules under division (C) of this section establishing	37541
uniform standards and procedures for the certification and	37542
registration of persons, other than the persons described in	37543
division (I) of this section, who are seeking employment with or	37544
are employed by either of the following:	37545

(1) A county board of developmental disabilities;

37546

(2) An entity that contracts with a county board to operate	37547
programs and services for individuals with mental retardation or	37548
developmental disabilities.	37549

(B) No person shall be employed in a position for which	37550
certification or registration is required pursuant to the rules	37551
adopted under this section without the certification or	37552
registration that is required for that position. The person shall	37553
not be employed or shall not continue to be employed if the	37554
required certification or registration is denied, revoked, or not	37555
renewed.	37556

(C) The director shall adopt rules in accordance with Chapter	37557
119. of the Revised Code as the director considers necessary to	37558
implement and administer this section, including rules	37559
establishing all of the following:	37560

(1) Positions of employment that are subject to this section	37561
and, for each position, whether a person must receive	37562
certification or receive registration to be employed in that	37563
position;	37564

(2) Requirements that must be met to receive the	37565
certification or registration required to be employed in a	37566
particular position, including standards regarding education,	37567
specialized training, and experience, taking into account the	37568
needs of individuals with mental retardation or developmental	37569
disabilities and the specialized techniques needed to serve them,	37570
except that the rules shall not require a person designated as a	37571
service employee under section 5126.22 of the Revised Code to have	37572
or obtain a bachelor's or higher degree;	37573

(3) Procedures to be followed in applying for initial	37574
certification or registration and for renewing the certification	37575
or registration.	37576

(4) Requirements that must be met for renewal of	37577
certification or registration, which may include continuing	37578
education and professional training requirements;	37579

(5) Subject to section 5126.23 of the Revised Code, grounds	37580
for which certification or registration may be denied, suspended,	37581
or revoked and procedures for appealing the denial, suspension, or	37582
revocation.	37583

(D) Each person seeking certification or registration for	37584
employment shall apply in the manner established in rules adopted	37585
under this section.	37586

(E)(1) Except as provided in division (E)(2) of this section,	37587
the superintendent of each county board is responsible for taking	37588
all actions regarding certification and registration of employees,	37589
other than the position of superintendent, early intervention	37590
supervisor, early intervention specialist, or investigative agent.	37591
For the position of superintendent, early intervention supervisor,	37592
early intervention specialist, or investigative agent, the	37593
director of developmental disabilities is responsible for taking	37594
all such actions.	37595

Actions that may be taken by the superintendent or director	37596
include issuing, renewing, denying, suspending, and revoking	37597
certification and registration. All actions shall be taken in	37598
accordance with the rules adopted under this section.	37599

The superintendent may charge a fee to persons applying for	37600
certification or registration. The superintendent shall establish	37601
the amount of the fee according to the costs the county board	37602
incurs in administering its program for certification and	37603
registration of employees.	37604

A person subject to the denial, suspension, or revocation of	37605
certification or registration may appeal the decision. The appeal	37606
shall be made in accordance with the rules adopted under this	37607
section.	37608

(2) Pursuant to division (C) of section 5126.05 of the	37609
Revised Code, the superintendent may enter into a contract with	37610
any other entity under which the entity is given authority to	37611
carry out all or part of the superintendent's responsibilities	37612
under division (E)(1) of this section.	37613

(F) A person with valid certification or registration under	37614
this section on the effective date of any rules adopted under this	37615
section that increase the standards applicable to the	37616
certification or registration shall have such period as the rules	37617
prescribe, but not less than one year after the effective date of	37618
the rules, to meet the new certification or registration	37619
standards.	37620

(G) A person with valid certification or registration is	37621
qualified to be employed according to that certification or	37622
registration by any county board or entity contracting with a	37623
county board.	37624

(H) The director shall monitor county boards to ensure that	37625
their employees and the employees of their contracting entities	37626
have the applicable certification or registration required under	37627
this section and that the employees are performing only those	37628
functions they are authorized to perform under the certification	37629
or registration. The superintendent of each county board or the	37630
superintendent's designee shall maintain in appropriate personnel	37631
files evidence acceptable to the director that the employees have	37632
met the requirements. On request, representatives of the	37633
department of developmental disabilities shall be given access to	37634
the evidence.	37635

(I) The certification and registration requirements of this	37636
section and the rules adopted under it do not apply to either of	37637
the following:	37638

(1) A person who holds a valid license issued or certificate	37639
issued under Chapter 3319. of the Revised Code and performs no	37640
duties other than teaching or supervision of a teaching program;	37641

(2) A person who holds a valid license or certificate issued	37642
under Title XLVII of the Revised Code and performs only those	37643
duties governed by the license or certificate.	37644

Sec. 5126.42. ~~(A) A~~Each county board of developmental	37645
disabilities shall establish ~~an advisory council composed of board~~	37646
~~members or employees of the board, providers, individuals~~	37647
~~receiving supported living, and advocates for individuals~~	37648
~~receiving supported living to provide on-going communication among~~	37649
~~all persons concerned with supported living.~~	37650

~~(B) The board shall develop~~ procedures for the resolution of	37651
grievances between the following:	37652

(A) The board and providers ~~or between the~~;

37653

(B) The board and an entity with which it has a shared	37654
funding agreement.	37655

~~(C) The board shall develop and implement a provider~~	37656
~~selection system. Each system shall enable an individual to choose~~	37657
~~to continue receiving supported living from the same providers, to~~	37658
~~select additional providers, or to choose alternative providers.~~	37659
~~Annually, the board shall review its provider selection system to~~	37660
~~determine whether it has been implemented in a manner that allows~~	37661
~~individuals fair and equitable access to providers.~~	37662

~~In developing a provider selection system, the county board~~	37663
~~shall create a pool of providers for individuals to use in~~	37664
~~choosing their providers of supported living. The pool shall be~~	37665
~~created by placing in the pool all providers on record with the~~	37666
~~board or by placing in the pool all providers approved by the~~	37667
~~board through soliciting requests for proposals for supported~~	37668
~~living contracts. In either case, only providers that are~~	37669
~~certified by the director of developmental disabilities may be~~	37670
~~placed in the pool.~~	37671

~~If the board places all providers on record in the pool, the~~	37672
~~board shall review the pool at least annually to determine whether~~	37673
~~each provider has continued interest in being a provider and has~~	37674
~~maintained its certification by the department. At any time, an~~	37675
~~interested and certified provider may make a request to the board~~	37676
~~that it be added to the pool, and the board shall add the provider~~	37677
~~to the pool not later than seven days after receiving the request.~~	37678

~~If the board solicits requests for proposals for inclusion of~~	37679
~~providers in the pool, the board shall develop standards for~~	37680
~~selecting the providers to be included. Requests for proposals~~	37681
~~shall be solicited at least annually. When requests are solicited,~~	37682
~~the board shall cause legal notices to be published once each week~~	37683
~~for two consecutive weeks in a newspaper of general circulation~~	37684
~~within the county or as provided in section 7.16 of the Revised~~	37685
~~Code. The board's formal request for proposals shall include a~~	37686
~~description of any applicable contract terms, the standards that~~	37687
~~are used to select providers for inclusion in the pool, and the~~	37688
~~process the board uses to resolve disputes arising from the~~	37689
~~selection process. The board shall accept requests from any entity~~	37690
~~interested in being a provider of supported living for individuals~~	37691
~~served by the board. Requests shall be approved or denied~~	37692
~~according to the standards developed by the board. Providers that~~	37693
~~previously have been placed in the pool are not required to~~	37694
~~resubmit a request for proposal to be included in the pool, unless~~	37695
~~the board's standards have been changed.~~	37696

~~In assisting an individual in choosing a provider, the county~~	37697
~~board shall provide the individual with uniform and consistent~~	37698
~~information pertaining to each provider in the pool. An individual~~	37699
~~may choose to receive supported living from a provider that is not~~	37700
~~included in the pool, if the provider is certified by the director~~	37701
~~of developmental disabilities.~~	37702

Sec. 5126.43. (A) After receiving notice from the department	37703
of developmental disabilities of the amount of state funds to be	37704
distributed to it for planning, developing, contracting for, and	37705
providing supported living, the county board of developmental	37706
disabilities shall arrange for supported living on behalf of and	37707
with the consent of individuals based on their individual service	37708
plans developed under section 5126.41 of the Revised Code. With	37709
the state distribution and any other money designated by the board	37710
for supported living, the board shall arrange for supported living	37711
in one or more of the following ways:	37712

(1) By contracting under section 5126.45 of the Revised Code	37713
with providers selected by the individual to be served;	37714

(2) By entering into shared funding agreements with state	37715
agencies, local public agencies, or political subdivisions at	37716
rates negotiated by the board;	37717

(3) By providing direct payment or vouchers to be used to	37718
purchase supported living, pursuant to a written contract in an	37719
amount determined by the board, to the individual or a person	37720
providing the individual with protective services as defined in	37721
section 5123.55 of the Revised Code.	37722

(B) The board may arrange for supported living only with	37723
providers that are certified by the director of developmental	37724
disabilities.	37725

When no certified provider is willing and able to provide	37726
supported living for an individual in accordance with the terms of	37727
the individual service plan for that individual, a county board	37728
may provide supported living directly if it is certified by the	37729
director of developmental disabilities to provide supported	37730
living.	37731

A county board may, for a period not to exceed ninety days,	37732
contract for or provide supported living without meeting the	37733
requirements of this section for an individual it determines to be	37734
in emergency need of supported living. Thereafter, the individual	37735
shall choose providers in accordance with sections 5126.046 and	37736
5126.41 ~~and 5126.42~~ of the Revised Code.	37737

Sec. 5126.45. (A) A contract between a county board of	37738
developmental disabilities and a provider of supported living	37739
shall be in writing and shall be based on the individual service	37740
plan developed by the individual under section 5126.41 of the	37741
Revised Code. The plan may be submitted as an addendum to the	37742
contract. An individual receiving services pursuant to a contract	37743
shall be considered a third-party beneficiary to the contract.	37744

(B) The contract shall be negotiated between the provider and	37745
the county board. The terms of the contract shall include at least	37746
the following:	37747

(1) The contract period and conditions for renewal;

37748

(2) The services to be provided pursuant to the individual	37749
service plan;	37750

(3) The rights and responsibilities of all parties to the	37751
contract;	37752

(4) The methods that will be used to evaluate the services	37753
delivered by the provider;	37754

(5) Procedures for contract modification that ensure all	37755
parties affected by the modification are involved and agree;	37756

(6) A process for resolving conflicts between individuals	37757
receiving services, the county board, and the provider, as	37758
applicable;	37759

(7) Procedures for the retention of applicable records;

37760

(8) Provisions for contract termination by any party involved	37761
that include requirements for an appropriate notice of intent to	37762
terminate the contract;	37763

(9) Methods to be used to document services provided;

37764

(10) Procedures for submitting reports required by the county	37765
board as a condition of receiving payment under the contract;	37766

(11) The method and schedule the board will use to make	37767
payments to the provider and whether periodic payment adjustments	37768
will be made to the provider;	37769

(12) Provisions for conducting fiscal reconciliations for	37770
payments made through methods other than a fee-for-service	37771
arrangement.	37772

(C) Payments to the provider under a supported living	37773
contract must be determined by the county board to be reasonable	37774
in accordance with policies and procedures developed by the county	37775
board. Goods or services provided without charge to the provider	37776
shall not be included as expenditures of the provider.	37777

(D) The county board shall establish procedures for	37778
reconciling expenditures and payments, other than those made under	37779
a fee-for-service arrangement, for the prior contract year when a	37780
contract is not renewed and shall reconcile expenditures and	37781
payments in accordance with these procedures.	37782

(E) A provider or an entity with which the county board has	37783
entered into a shared funding agreement may ~~appeal a negotiated~~	37784
~~contract or proposed shared funding rate to~~seek resolution of	37785
grievances with the county board using the procedures established	37786
by the county board under section 5126.42 of the Revised Code.	37787

Sec. 5139.05. (A) The juvenile court may commit any child to	37788
the department of youth services as authorized in Chapter 2152. of	37789
the Revised Code, provided that any child so committed shall be at	37790
least ten years of age at the time of the child's delinquent act,	37791
and, if the child is ten or eleven years of age, the delinquent	37792
act is a violation of section 2909.03 of the Revised Code or would	37793
be aggravated murder, murder, or a first or second degree felony	37794
offense of violence if committed by an adult. Any order to commit	37795
a child to an institution under the control and management of the	37796
department shall have the effect of ordering that the child be	37797
committed to the department and assigned to an institution or	37798
placed in a community corrections facility in accordance with	37799
division (E) of section 5139.36 of the Revised Code as follows:	37800

(1) For an indefinite term consisting of the prescribed	37801
minimum period specified by the court under division (A)(1) of	37802
section 2152.16 of the Revised Code and a maximum period not to	37803
exceed the child's attainment of twenty-one years of age, if the	37804
child was committed pursuant to section 2152.16 of the Revised	37805
Code;	37806

(2) Until the child's attainment of twenty-one years of age,	37807
if the child was committed for aggravated murder or murder	37808
pursuant to section 2152.16 of the Revised Code;	37809

(3) For a period of commitment that shall be in addition to,	37810
and shall be served consecutively with and prior to, a period of	37811
commitment described in division (A)(1) or (2) of this section, if	37812
the child was committed pursuant to section 2152.17 of the Revised	37813
Code;	37814

(4) If the child is ten or eleven years of age, to an	37815
institution, a residential care facility, a residential facility,	37816
or a facility licensed by the department of job and family	37817
services that the department of youth services considers best	37818
designated for the training and rehabilitation of the child and	37819
protection of the public. The child shall be housed separately	37820
from children who are twelve years of age or older until the child	37821
is released or discharged or until the child attains twelve years	37822
of age, whichever occurs first. Upon the child's attainment of	37823
twelve years of age, if the child has not been released or	37824
discharged, the department is not required to house the child	37825
separately.	37826

(B)(1) Except as otherwise provided in section 5139.54 of the	37827
Revised Code, the release authority of the department of youth	37828
services, in accordance with section 5139.51 of the Revised Code	37829
and at any time after the end of the minimum period specified	37830
under division (A)(1) of section 2152.16 of the Revised Code, may	37831
grant the release from custody of any child committed to the	37832
department.	37833

The order committing a child to the department of youth	37834
services shall state that the child has been adjudicated a	37835
delinquent child and state the minimum period. The jurisdiction of	37836
the court terminates at the end of the minimum period except as	37837
follows:	37838

(a) In relation to judicial release procedures, supervision,	37839
and violations;	37840

(b) With respect to functions of the court related to the	37841
revocation of supervised release that are specified in sections	37842
5139.51 and 5139.52 of the Revised Code;	37843

(c) In relation to its duties relating to serious youthful	37844
offender dispositional sentences under sections 2152.13 and	37845
2152.14 of the Revised Code.	37846

(2) When a child has been committed to the department under	37847
section 2152.16 of the Revised Code, the department shall retain	37848
legal custody of the child until one of the following:	37849

(a) The department discharges the child to the exclusive	37850
management, control, and custody of the child's parent or the	37851
guardian of the child's person or, if the child is eighteen years	37852
of age or older, discharges the child.	37853

(b) The committing court, upon its own motion, upon petition	37854
of the parent, guardian of the person, or next friend of a child,	37855
or upon petition of the department, terminates the department's	37856
legal custody of the child.	37857

(c) The committing court grants the child a judicial release	37858
to court supervision under section 2152.22 of the Revised Code.	37859

(d) The department's legal custody of the child is terminated	37860
automatically by the child attaining twenty-one years of age.	37861

(e) If the child is subject to a serious youthful offender	37862
dispositional sentence, the adult portion of that dispositional	37863
sentence is imposed under section 2152.14 of the Revised Code.	37864

(C) When a child is committed to the department of youth	37865
services, the department may assign the child to a hospital for	37866
mental, physical, and other examination, inquiry, or treatment for	37867
the period of time that is necessary. The department may remove	37868
any child in its custody to a hospital for observation, and a	37869
complete report of every observation at the hospital shall be made	37870
in writing and shall include a record of observation, treatment,	37871
and medical history and a recommendation for future treatment,	37872
custody, and maintenance. The department shall thereupon order the	37873
placement and treatment that it determines to be most conducive to	37874
the purposes of Chapters 2151. and 5139. of the Revised Code. The	37875
committing court and all public authorities shall make available	37876
to the department all pertinent data in their possession with	37877
respect to the case.	37878

(D) Records maintained by the department of youth services	37879
pertaining to the children in its custody shall be accessible only	37880
to department employees, except by consent of the department, upon	37881
the order of the judge of a court of record, or as provided in	37882
divisions (D)(1) and (2) of this section. These records shall not	37883
be considered "public records," as defined in section 149.43 of	37884
the Revised Code.	37885

(1) Except as otherwise provided by a law of this state or	37886
the United States, the department of youth services may release	37887
records that are maintained by the department of youth services	37888
and that pertain to children in its custody to the department of	37889
rehabilitation and correction regarding persons who are under the	37890
jurisdiction of the department of rehabilitation and correction	37891
and who have previously been committed to the department of youth	37892
services. The department of rehabilitation and correction may use	37893
those records for the limited purpose of carrying out the duties	37894
of the department of rehabilitation and correction. Records	37895
released by the department of youth services to the department of	37896
rehabilitation and correction shall remain confidential and shall	37897
not be considered public records as defined in section 149.43 of	37898
the Revised Code.	37899

(2) The department of youth services shall provide to the	37900
superintendent of the school district in which a child discharged	37901
or released from the custody of the department is entitled to	37902
attend school under section 3313.64 or 3313.65 of the Revised Code	37903
the records described in divisions (D)(4)(a) to (d) of section	37904
2152.18 of the Revised Code. Subject to the provisions of section	37905
3319.321 of the Revised Code and the Family Educational Rights and	37906
Privacy Act, 20 U.S.C. 1232g, as amended, the records released to	37907
the superintendent shall remain confidential and shall not be	37908
considered public records as defined in section 149.43 of the	37909
Revised Code.	37910

(E)(1) When a child is committed to the department of youth	37911
services, the department, orally or in writing, shall notify the	37912
parent, guardian, or custodian of a child that the parent,	37913
guardian, or custodian may request at any time from the	37914
superintendent of the institution in which the child is located	37915
any of the information described in divisions (E)(1)(a), (b), (c),	37916
and (d) of this section. The parent, guardian, or custodian may	37917
provide the department with the name, address, and telephone	37918
number of the parent, guardian, or custodian, and, until the	37919
department is notified of a change of name, address, or telephone	37920
number, the department shall use the name, address, and telephone	37921
number provided by the parent, guardian, or custodian to provide	37922
notices or answer inquiries concerning the following information:	37923

(a) When the department of youth services makes a permanent	37924
assignment of the child to a facility, the department, orally or	37925
in writing and on or before the third business day after the day	37926
the permanent assignment is made, shall notify the parent,	37927
guardian, or custodian of the child of the name of the facility to	37928
which the child has been permanently assigned.	37929

If a parent, guardian, or custodian of a child who is	37930
committed to the department of youth services requests, orally or	37931
in writing, the department to provide the parent, guardian, or	37932
custodian with the name of the facility in which the child is	37933
currently located, the department, orally or in writing and on or	37934
before the next business day after the day on which the request is	37935
made, shall provide the name of that facility to the parent,	37936
guardian, or custodian.	37937

(b) If a parent, guardian, or custodian of a child who is	37938
committed to the department of youth services, orally or in	37939
writing, asks the superintendent of the institution in which the	37940
child is located whether the child is being disciplined by the	37941
personnel of the institution, what disciplinary measure the	37942
personnel of the institution are using for the child, or why the	37943
child is being disciplined, the superintendent or the	37944
superintendent's designee, on or before the next business day	37945
after the day on which the request is made, shall provide the	37946
parent, guardian, or custodian with written or oral responses to	37947
the questions.	37948

(c) If a parent, guardian, or custodian of a child who is	37949
committed to the department of youth services, orally or in	37950
writing, asks the superintendent of the institution in which the	37951
child is held whether the child is receiving any medication from	37952
personnel of the institution, what type of medication the child is	37953
receiving, or what condition of the child the medication is	37954
intended to treat, the superintendent or the superintendent's	37955
designee, on or before the next business day after the day on	37956
which the request is made, shall provide the parent, guardian, or	37957
custodian with oral or written responses to the questions.	37958

(d) When a major incident occurs with respect to a child who	37959
is committed to the department of youth services, the department,	37960
as soon as reasonably possible after the major incident occurs,	37961
shall notify the parent, guardian, or custodian of the child that	37962
a major incident has occurred with respect to the child and of all	37963
the details of that incident that the department has ascertained.	37964

(2) The failure of the department of youth services to	37965
provide any notification required by or answer any requests made	37966
pursuant to division (E) of this section does not create a cause	37967
of action against the state.	37968

(F) The department of youth services, as a means of	37969
punishment while the child is in its custody, shall not prohibit a	37970
child who is committed to the department from seeing that child's	37971
parent, guardian, or custodian during standard visitation periods	37972
allowed by the department of youth services unless the	37973
superintendent of the institution in which the child is held	37974
determines that permitting that child to visit with the child's	37975
parent, guardian, or custodian would create a safety risk to that	37976
child, that child's parents, guardian, or custodian, the personnel	37977
of the institution, or other children held in that institution.	37978

(G) As used in this section:

37979

(1) "Permanent assignment" means the assignment or transfer	37980
for an extended period of time of a child who is committed to the	37981
department of youth services to a facility in which the child will	37982
receive training or participate in activities that are directed	37983
toward the child's successful rehabilitation. "Permanent	37984
assignment" does not include the transfer of a child to a facility	37985
for judicial release hearings pursuant to section 2152.22 of the	37986
Revised Code or for any other temporary assignment or transfer to	37987
a facility.	37988

(2) "Major incident" means the escape or attempted escape of	37989
a child who has been committed to the department of youth services	37990
from the facility to which the child is assigned; the return to	37991
the custody of the department of a child who has escaped or	37992
otherwise fled the custody and control of the department without	37993
authorization; the allegation of any sexual activity with a child	37994
committed to the department; physical injury to a child committed	37995
to the department as a result of alleged abuse by department	37996
staff; an accident resulting in injury to a child committed to the	37997
department that requires medical care or treatment outside the	37998
institution in which the child is located; the discovery of a	37999
controlled substance upon the person or in the property of a child	38000
committed to the department; a suicide attempt by a child	38001
committed to the department; a suicide attempt by a child	38002
committed to the department that results in injury to the child	38003
requiring emergency medical services outside the institution in	38004
which the child is located; the death of a child committed to the	38005
department; an injury to a visitor at an institution under the	38006
control of the department that is caused by a child committed to	38007
the department; and the commission or suspected commission of an	38008
act by a child committed to the department that would be an	38009
offense if committed by an adult.	38010

(3) "Sexual activity" has the same meaning as in section	38011
2907.01 of the Revised Code.	38012

(4) "Controlled substance" has the same meaning as in section	38013
3719.01 of the Revised Code.	38014

(5) "Residential care facility" and "residential facility"	38015
have the same meanings as in section 2151.011 of the Revised Code.	38016

Sec. 5139.12. Any person who is required, pursuant to	38017
division (A) of section 2151.421 of the Revised Code, to report	38018
the person's knowledge of or reasonable cause to suspect abuse or	38019
neglect or threat of abuse or neglect of a child under eighteen	38020
years of age or a mentally retarded, developmentally disabled, or	38021
physically impaired child under twenty-one years of age or any	38022
person who is permitted, pursuant to division (B) of that section,	38023
to report, or cause such a report to be made and who makes or	38024
causes the report to be made, shall direct that report to the	38025
state highway patrol if the child is a delinquent child in the	38026
custody of an institution. If the state highway patrol determines	38027
after receipt of the report that there is probable cause that	38028
abuse or neglect or threat of abuse or neglect of the delinquent	38029
child occurred, the highway patrol shall report its findings to	38030
the department of youth services, to the court that ordered the	38031
disposition of the delinquent child for the act that would have	38032
been an offense if committed by an adult and for which the	38033
delinquent child is in the custody of the department, to the	38034
public children services agency in the county in which the child	38035
resides or in which the abuse or neglect or threat of abuse or	38036
neglect occurred, and to the chairperson and vice-chairperson of	38037
the correctional institution inspection committee established by	38038
section 103.71 of the Revised Code.	38039

Sec. 5139.34. (A) Funds may be appropriated to the	38040
department of youth services for the purpose of granting state	38041
subsidies to counties. A county or the juvenile court that serves	38042
a county shall use state subsidies granted to the county pursuant	38043
to this section only in accordance with divisions (B)(2)(a) and	38044
(3)(a) of section 5139.43 of the Revised Code and the rules	38045
pertaining to the state subsidy funds that the department adopts	38046
pursuant to division (D) of section 5139.04 of the Revised Code.	38047
The department shall not grant financial assistance pursuant to	38048
this section for the provision of care and services for children	38049
in a placement facility unless the facility has been certified,	38050
licensed, or approved by a state or national agency with	38051
certification, licensure, or approval authority, including, but	38052
not limited to, the department of job and family services,	38053
department of education, department of mental health and addiction	38054
services, department of developmental disabilities, or American	38055
correctional association. For the purposes of this section,	38056
placement facilities do not include a state institution or a	38057
county or district children's home.	38058

The department also shall not grant financial assistance	38059
pursuant to this section for the provision of care and services	38060
for children, including, but not limited to, care and services in	38061
a detention facility, in another facility, or in out-of-home	38062
placement, unless the minimum standards applicable to the care and	38063
services that the department prescribes in rules adopted pursuant	38064
to division (D) of section 5139.04 of the Revised Code have been	38065
satisfied.	38066

(B) The department of youth services shall apply the	38067
following formula to determine the amount of the annual grant that	38068
each county is to receive pursuant to division (A) of this	38069
section, subject to the appropriation for this purpose to the	38070
department made by the general assembly:	38071

(1) Each county shall receive a basic annual grant of fifty	38072
thousand dollars.	38073

(2) The sum of the basic annual grants provided under	38074
division (B)(1) of this section shall be subtracted from the total	38075
amount of funds appropriated to the department of youth services	38076
for the purpose of making grants pursuant to division (A) of this	38077
section to determine the remaining portion of the funds	38078
appropriated. The remaining portion of the funds appropriated	38079
shall be distributed on a per capita basis to each county that has	38080
a population of more than twenty-five thousand for that portion of	38081
the population of the county that exceeds twenty-five thousand.	38082

(C)(1) Prior to a county's receipt of an annual grant	38083
pursuant to this section, the juvenile court that serves the	38084
county shall prepare, submit, and file in accordance with division	38085
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	38086
agreement and application for funding that is for the combined	38087
purposes of, and that satisfies the requirements of, this section	38088
and section 5139.43 of the Revised Code. In addition to the	38089
subject matters described in division (B)(3)(a) of section 5139.43	38090
of the Revised Code or in the rules that the department adopts to	38091
implement that division, the annual grant agreement and	38092
application for funding shall address fiscal accountability and	38093
performance matters pertaining to the programs, care, and services	38094
that are specified in the agreement and application and for which	38095
state subsidy funds granted pursuant to this section will be used.	38096

(2) The county treasurer of each county that receives an	38097
annual grant pursuant to this section shall deposit the state	38098
subsidy funds so received into the county's felony delinquent care	38099
and custody fund created pursuant to division (B)(1) of section	38100
5139.43 of the Revised Code. Subject to exceptions prescribed in	38101
section 5139.43 of the Revised Code that may apply to the	38102
disbursement, the department shall disburse the state subsidy	38103
funds to which a county is entitled in a lump sum payment that	38104
shall be made in July of each calendar year.	38105

(3) Upon an order of the juvenile court that serves a county	38106
and subject to appropriation by the board of county commissioners	38107
of that county, a county treasurer shall disburse from the	38108
county's felony delinquent care and custody fund the state subsidy	38109
funds granted to the county pursuant to this section for use only	38110
in accordance with this section, the applicable provisions of	38111
section 5139.43 of the Revised Code, and the county's approved	38112
annual grant agreement and application for funding.	38113

(4) The moneys in a county's felony delinquent care and	38114
custody fund that represent state subsidy funds granted pursuant	38115
to this section are subject to appropriation by the board of	38116
county commissioners of the county; shall be disbursed by the	38117
county treasurer as required by division (C)(3) of this section;	38118
shall be used in the manners referred to in division (C)(3) of	38119
this section; shall not revert to the county general fund at the	38120
end of any fiscal year; shall carry over in the felony delinquent	38121
care and custody fund from the end of any fiscal year to the next	38122
fiscal year; shall be in addition to, and shall not be used to	38123
reduce, any usual annual increase in county funding that the	38124
juvenile court is eligible to receive or the current level of	38125
county funding of the juvenile court and of any programs, care, or	38126
services for alleged or adjudicated delinquent children, unruly	38127
children, or juvenile traffic offenders or for children who are at	38128
risk of becoming delinquent children, unruly children, or juvenile	38129
traffic offenders; and shall not be used to pay for the care and	38130
custody of felony delinquents who are in the care and custody of	38131
an institution pursuant to a commitment, recommitment, or	38132
revocation of a release on parole by the juvenile court of that	38133
county or who are in the care and custody of a community	38134
corrections facility pursuant to a placement by the department	38135
~~with the consent of the juvenile court~~ as described in division	38136
(E) of section 5139.36 of the Revised Code.	38137

(5) As a condition of the continued receipt of state subsidy	38138
funds pursuant to this section, each county and the juvenile court	38139
that serves each county that receives an annual grant pursuant to	38140
this section shall comply with divisions (B)(3)(b), (c), and (d)	38141
of section 5139.43 of the Revised Code.	38142

Sec. 5139.36. (A) In accordance with this section and the	38143
rules adopted under it and from funds appropriated to the	38144
department of youth services for the purposes of this section, the	38145
department shall make grants that provide financial resources to	38146
operate community corrections facilities for felony delinquents.	38147

(B)(1) Each community corrections facility that intends to	38148
seek a grant under this section shall file an application with the	38149
department of youth services at the time and in accordance with	38150
the procedures that the department shall establish by rules	38151
adopted in accordance with Chapter 119. of the Revised Code. In	38152
addition to other items required to be included in the	38153
application, a plan that satisfies both of the following shall be	38154
included:	38155

(a) It reduces the number of felony delinquents committed to	38156
the department from the county or counties associated with the	38157
community corrections facility.	38158

(b) It ensures equal access for minority felony delinquents	38159
to the programs and services for which a potential grant would be	38160
used.	38161

(2) The department of youth services shall review each	38162
application submitted pursuant to division (B)(1) of this section	38163
to determine whether the plan described in that division, the	38164
community corrections facility, and the application comply with	38165
this section and the rules adopted under it.	38166

(C) To be eligible for a grant under this section and for	38167
continued receipt of moneys comprising a grant under this section,	38168
a community corrections facility shall satisfy at least all of the	38169
following requirements:	38170

(1) Be constructed, reconstructed, improved, or financed by	38171
the Ohio building authority pursuant to section 307.021 of the	38172
Revised Code and Chapter 152. of the Revised Code for the use of	38173
the department of youth services and be designated as a community	38174
corrections facility;	38175

(2) Have written standardized criteria governing the types of	38176
felony delinquents that are eligible for the programs and services	38177
provided by the facility;	38178

(3) Have a written standardized intake screening process and	38179
an intake committee that at least performs both of the following	38180
tasks:	38181

(a) Screens all eligible felony delinquents who are being	38182
considered for admission to the facility in lieu of commitment to	38183
the department;	38184

(b) Notifies, within ten days after the date of the referral	38185
of a felony delinquent to the facility, the committing court	38186
whether the felony delinquent will be admitted to the facility.	38187

(4) Comply with all applicable fiscal and program rules that	38188
the department adopts in accordance with Chapter 119. of the	38189
Revised Code and demonstrate that felony delinquents served by the	38190
facility have been or will be diverted from a commitment to the	38191
department.	38192

(D) The department of youth services shall determine the	38193
method of distribution of the funds appropriated for grants under	38194
this section to community corrections facilities.	38195

(E)(1) The department of youth services shall adopt rules in	38196
accordance with Chapter 119. of the Revised Code to establish the	38197
minimum occupancy threshold of community corrections facilities.	38198

(2) The department may ~~make referrals for the placement of~~	38199
place children in its custody toin a community corrections	38200
facility~~. At least forty-five days prior to the referral of a~~	38201
~~child or within any shorter period prior to the referral of the~~	38202
~~child that the committing court may allow, the department shall~~	38203
~~notify the committing court of its intent to place the child in a~~	38204
~~community corrections facility. The court shall have thirty days~~	38205
~~after the receipt of the notice to approve or disapprove the~~	38206
~~placement. If the court does not respond to the notice of the~~	38207
~~placement within that thirty-day period, the department shall~~	38208
~~proceed with the placement~~ and ~~debit~~charge bed days to the county	38209
in accordance with sections 5139.41 to 5139.43 of the Revised	38210
Code. A child placed in a community corrections facility pursuant	38211
to this division shall remain in the legal custody of the	38212
department of youth services during the period in which the child	38213
is in the community corrections facility.	38214

(3) Counties that are not associated with a community	38215
corrections facility may refer children to a community corrections	38216
facility with the consent of the facility. The department of youth	38217
services shall debit the county that makes the referral in	38218
accordance with sections 5139.41 to 5139.43 of the Revised Code.	38219

(F) The board or other governing body of a community	38220
corrections facility shall meet not less often than once per	38221
quarter. A community corrections facility may reimburse the	38222
members of the board or other governing body of the facility and	38223
the members of an advisory board created by the board or other	38224
governing body of the facility for their actual and necessary	38225
expenses incurred in the performance of their official duties. The	38226
members of the board or other governing body of the facility and	38227
the members of an advisory board created by the board or other	38228
governing body of the facility shall serve without compensation.	38229

Sec. 5139.41. The appropriation made to the department of	38230
youth services for care and custody of felony delinquents shall be	38231
expended in accordance with the following procedure that the	38232
department shall use for each year of a biennium. The procedure	38233
shall be consistent with sections 5139.41 to 5139.43 of the	38234
Revised Code and shall be developed in accordance with the	38235
following guidelines:	38236

(A) The line item appropriation for the care and custody of	38237
felony delinquents shall provide funding for operational costs for	38238
the following:	38239

(1) Institutions and the diagnosis, care, or treatment of	38240
felony delinquents at facilities pursuant to contracts entered	38241
into under section 5139.08 of the Revised Code;	38242

(2) Community corrections facilities constructed,	38243
reconstructed, improved, or financed as described in section	38244
5139.36 of the Revised Code for the purpose of providing	38245
alternative placement and services for felony delinquents who have	38246
been diverted from care and custody in institutions;	38247

(3) County juvenile courts that administer programs and	38248
services for prevention, early intervention, diversion, treatment,	38249
and rehabilitation services and programs that are provided for	38250
alleged or adjudicated unruly or delinquent children or for	38251
children who are at risk of becoming unruly or delinquent	38252
children;	38253

(4) Administrative expenses the department incurs in	38254
connection with the felony delinquent care and custody programs	38255
described in section 5139.43 of the Revised Code.	38256

(B) From the appropriated line item for the care and custody	38257
of felony delinquents, the department, with the advice of the	38258
RECLAIM advisory committee established under section 5139.44 of	38259
the Revised Code, shall allocate annual operational funds for	38260
county juvenile programs, institutional care and custody,	38261
community corrections facilities care and custody, and	38262
administrative expenses incurred by the department associated with	38263
felony delinquent care and custody programs. The department, with	38264
the advice of the RECLAIM advisory committee, shall adjust these	38265
allocations, when modifications to this line item are made by	38266
legislative or executive action.	38267

(C) The department shall divide county juvenile program	38268
allocations among county juvenile courts that administer programs	38269
and services for prevention, early intervention, diversion,	38270
treatment, and rehabilitation that are provided for alleged or	38271
adjudicated unruly or delinquent children or for children who are	38272
at risk of becoming unruly or delinquent children. The department	38273
shall base funding on the county's previous year's ratio of the	38274
department's institutional and community ~~correctional~~corrections	38275
facilities commitments to that county's average of felony	38276
adjudications, as specified in the following formula:	38277

(1) The department shall give to each county a proportional	38278
allocation of commitment credits. The proportional allocation of	38279
commitment credits shall be calculated by the following	38280
procedures:	38281

(a) The department shall determine for each county and for	38282
the state an average of felony adjudications. Beginning July 1,	38283
2012, the average shall include felony adjudications for fiscal	38284
year 2007 and for each subsequent fiscal year through fiscal year	38285
2016. Beginning July 1, 2017, the most recent felony adjudication	38286
data shall be included and the oldest fiscal year data shall be	38287
removed so that a ten-year average of felony adjudication data	38288
will be maintained.	38289

(b) The department shall determine for each county and for	38290
the state the number of charged bed days, for both the department	38291
and community ~~correctional~~corrections facilities, from the	38292
previous year.	38293

(c) The department shall divide the statewide total number of	38294
charged bed days by the statewide total number of felony	38295
adjudications, which quotient shall then be multiplied by a factor	38296
determined by the department.	38297

(d) The department shall calculate the county's allocation of	38298
credits by multiplying the number of adjudications for each court	38299
by the result determined pursuant to division (C)(1)(c) of this	38300
section.	38301

(2) The department shall subtract from the allocation	38302
determined pursuant to division (C)(1) of this section a credit	38303
for every chargeable bed day while a youth ~~stays~~is in a	38304
~~department institution~~the department's custody and two-thirds of	38305
credit for every chargeable bed day a youth stays in a community	38306
~~correctional~~corrections facility, except for public safety beds.	38307
At the end of the year, the department shall divide the amount of	38308
remaining credits of that county's allocation by the total number	38309
of remaining credits to all counties, to determine the county's	38310
percentage, which shall then be applied to the total county	38311
allocation to determine the county's payment for the fiscal year.	38312

(3) The department shall pay counties three times during the	38313
fiscal year to allow for credit reporting and audit adjustments,	38314
and modifications to the appropriated line item for the care and	38315
custody of felony delinquents, as described in this section. The	38316
department shall pay fifty per cent of the payment by the	38317
fifteenth of July of each fiscal year, twenty-five per cent by the	38318
fifteenth of January of that fiscal year, and twenty-five per cent	38319
of the payment by the fifteenth of June of that fiscal year.	38320

Sec. 5139.45. (A) As used in this section:

38321

(1) "Institution" means a state facility that is created by	38322
the general assembly and that is under the management and control	38323
of the department of youth services or a private entity with which	38324
the department has contracted for the institutional care and	38325
custody of felony delinquents.	38326

(2) "Quality assurance program" means a comprehensive program	38327
within the department of youth services to systematically review	38328
and improve the quality of programming, operations, education,	38329
medical and mental health services within the department and the	38330
department's institutions, the safety and security of persons	38331
receiving care and services within the department and the	38332
department's institutions, and the efficiency and effectiveness of	38333
the utilization of staff and resources in the delivery of services	38334
within the department and the department's institutions.	38335

(3) "Quality assurance program activities" means the	38336
activities of the institution and the office of quality assurance	38337
and improvement, of persons who provide, collect, or compile	38338
information and reports required by the office of quality	38339
assurance and improvement, and of persons who receive, review, or	38340
implement the recommendations made by the office of quality	38341
assurance and improvement. "Quality assurance program activities"	38342
include credentialing, infection control, utilization review	38343
including access to patient care, patient care assessments,	38344
medical and mental health records, medical and mental health	38345
resource management, mortality and morbidity review, and	38346
identification and prevention of medical or mental health	38347
incidents and risks, whether performed by the office of quality	38348
assurance and improvement or by persons who are directed by the	38349
office of quality assurance and improvement.	38350

(4) "Quality assurance record" means the proceedings,	38351
records, minutes, and reports that result from quality assurance	38352
program activities. "Quality assurance record" does not include	38353
aggregate statistical information that does not disclose the	38354
identity of persons receiving or providing services in	38355
institutions.	38356

(B) The office of quality assurance and improvement is hereby	38357
created as an office in the department of youth services. The	38358
director of youth services shall appoint a managing officer to	38359
carry out quality assurance program activities.	38360

(C)(1) Except as otherwise provided in division (F) of this	38361
section, quality assurance records are confidential and are not	38362
public records under section 149.43 of the Revised Code and shall	38363
be used only in the course of the proper functions of a quality	38364
assurance program.	38365

(2) Except as provided in division (F) of this section, no	38366
person who possesses or has access to quality assurance records	38367
and who knows that the records are quality assurance records shall	38368
willfully disclose the contents of the records to any person or	38369
entity.	38370

(D)(1) Except as otherwise provided in division (F) of this	38371
section, a quality assurance record is not subject to discovery	38372
and is not admissible as evidence in any judicial or	38373
administrative proceeding.	38374

(2) Except as provided in division (F) of this section, no	38375
employee of the office of quality assurance and improvement or a	38376
person who is performing a function that is part of a quality	38377
assurance program shall be permitted or required to testify in a	38378
judicial or administrative proceeding with respect to a quality	38379
assurance record or with respect to any finding, recommendation,	38380
evaluation, opinion, or other action taken by the office or	38381
program or by the person within the scope of the quality assurance	38382
program.	38383

(3) Information, documents, or records otherwise available	38384
from original sources shall not be unavailable for discovery or	38385
inadmissible as evidence in a judicial or administrative	38386
proceeding under division (D)(1) of this section merely because	38387
they were presented to the office of quality assurance and	38388
improvement. No person who is an employee of the office of quality	38389
assurance and improvement shall be prohibited from testifying as	38390
to matters within the person's knowledge, but the person shall not	38391
be asked about an opinion formed by the person as a result of the	38392
person's quality assurance program activities.	38393

(E)(1) A person who, without malice and in the reasonable	38394
belief that the information is warranted by the facts known to the	38395
person, provides information to a person engaged in quality	38396
assurance program activities is not liable for damages in a civil	38397
action for injury, death, or loss to person or property as a	38398
result of providing the information.	38399

(2) An employee of the office of quality assurance and	38400
improvement, a person engaged in quality assurance program	38401
activities, or an employee of the department of youth services	38402
shall not be liable in damages in a civil action for injury,	38403
death, or loss to person or property for any acts, omissions,	38404
decisions, or other conduct within the scope of the functions of	38405
the quality assurance program.	38406

(3) Nothing in this section shall relieve any institution	38407
from liability arising from the treatment of a patient.	38408

(F) Quality assurance records may be disclosed, and testimony	38409
may be provided concerning quality assurance records, only to the	38410
following persons or entities or under the following	38411
circumstances:	38412

(1) Persons who are employed or retained by the department of	38413
youth services and who have the authority to evaluate or implement	38414
the recommendations of an institution or the office of quality	38415
assurance and improvement;	38416

(2) Public or private agencies or organizations if needed to	38417
perform a licensing or accreditation function related to	38418
institutions or to perform monitoring of institutions as required	38419
by law;	38420

(3) A governmental board or agency, a professional health	38421
care society or organization, or a professional standards review	38422
organization, if the records or testimony are needed to perform	38423
licensing, credentialing, or monitoring of professional standards	38424
with respect to medical or mental health professionals employed or	38425
retained by the department;	38426

(4) A criminal or civil law enforcement agency or public	38427
health agency charged by law with the protection of public health	38428
or safety, if a qualified representative of the agency makes a	38429
written request stating that the records or testimony are	38430
necessary for a purpose authorized by law;	38431

(5) In a judicial or administrative proceeding commenced by	38432
an entity described in division (F)(3) or (4) of this section for	38433
a purpose described in that division but only with respect to the	38434
subject of the proceedings.	38435

(G) A disclosure of quality assurance records pursuant to	38436
division (F) of this section does not otherwise waive the	38437
confidential and privileged status of the disclosed quality	38438
assurance records. The names and other identifying information	38439
regarding individual patients or employees of the office of	38440
quality assurance and improvement contained in a quality assurance	38441
record shall be redacted from the record prior to the disclosure	38442
of the record unless the identity of an individual is necessary	38443
for the purpose for which the disclosure is being made and does	38444
not constitute a clearly unwarranted invasion of personal privacy.	38445

Sec. 5164.34. (A) As used in this section:

38446

(1) "Criminal records check" has the same meaning as in	38447
section 109.572 of the Revised Code.	38448

(2) "Disqualifying offense" means any of the offenses listed	38449
or described in divisions (A)(3)(a) to (e) of section 109.572 of	38450
the Revised Code.	38451

(3) "Owner" means a person who has an ownership interest in a	38452
medicaid provider in an amount designated in rules authorized by	38453
this section.	38454

(4) "Person subject to the criminal records check	38455
requirement" means the following:	38456

(a) A medicaid provider who is notified under division (E)(1)	38457
of this section that the provider is subject to a criminal records	38458
check;	38459

(b) An owner or prospective owner, officer or prospective	38460
officer, or board member or prospective board member of a medicaid	38461
provider if, pursuant to division (E)(1)(a) of this section, the	38462
owner or prospective owner, officer or prospective officer, or	38463
board member or prospective board member is specified in	38464
information given to the provider under division (E)(1) of this	38465
section;	38466

(c) An employee or prospective employee of a medicaid	38467
provider if both of the following apply:	38468

(i) The employee or prospective employee is specified,	38469
pursuant to division (E)(1)(b) of this section, in information	38470
given to the provider under division (E)(1) of this section.	38471

(ii) The provider is not prohibited by division (D)(3)(b) of	38472
this section from employing the employee or prospective employee.	38473

(5) "Responsible entity" means the following:

38474

(a) With respect to a criminal records check required under	38475
this section for a medicaid provider, the department of medicaid	38476
or the department's designee;	38477

(b) With respect to a criminal records check required under	38478
this section for an owner or prospective owner, officer or	38479
prospective officer, board member or prospective board member, or	38480
employee or prospective employee of a medicaid provider, the	38481
provider.	38482

(B) This section does not apply to any individual who is	38483
subject to a criminal records check under section 3712.09,	38484
3721.121, 5123.081, 5123.169, or 5164.341 of the Revised Code or	38485
any individual who is subject to a database review or criminal	38486
records check under section 173.38, 3701.881, or 5164.342 of the	38487
Revised Code.	38488

38489

(1) Require that any medicaid provider submit to a criminal	38490
records check as a condition of obtaining or maintaining a	38491
provider agreement;	38492

(2) Require that any medicaid provider require an owner or	38493
prospective owner, officer or prospective officer, or board member	38494
or prospective board member of the provider submit to a criminal	38495
records check as a condition of being an owner, officer, or board	38496
member of the provider;	38497

(3) Require that any medicaid provider do the following:

38498

(a) If so required by rules authorized by this section,	38499
determine pursuant to a database review conducted under division	38500
(F)(1)(a) of this section whether any employee or prospective	38501
employee of the provider is included in a database;	38502

(b) Unless the provider is prohibited by division (D)(3)(b)	38503
of this section from ~~employing~~retaining the employee or hiring	38504
the prospective employee, require the employee or prospective	38505
employee to submit to a criminal records check as a condition of	38506
being retained as an employee of, or hired by, the provider.	38507

(D)(1) The department or the department's designee shall deny	38508
or terminate a medicaid provider's provider agreement if the	38509
provider is a person subject to the criminal records check	38510
requirement and either of the following applies:	38511

(a) The provider fails to obtain the criminal records check	38512
after being given the information specified in division (G)(1) of	38513
this section.	38514

(b) Except as provided in rules authorized by this section,	38515
the provider is found by the criminal records check to have been	38516
convicted of or have pleaded guilty to a disqualifying offense,	38517
regardless of the date of the conviction or the date of entry of	38518
the guilty plea.	38519

(2) No medicaid provider shall permit a person to be an	38520
owner, officer, or board member of the provider if the person is a	38521
person subject to the criminal records check requirement and	38522
either of the following applies:	38523

(a) The person fails to obtain the criminal records check	38524
after being given the information specified in division (G)(1) of	38525
this section.	38526

(b) Except as provided in rules authorized by this section,	38527
the person is found by the criminal records check to have been	38528
convicted of or have pleaded guilty to a disqualifying offense,	38529
regardless of the date of the conviction or the date of entry of	38530
the guilty plea.	38531

(3) No medicaid provider shall ~~employ~~retain as an employee	38532
or hire a person if any of the following apply:	38533

(a) The person has been excluded from being a medicaid	38534
provider, a medicare provider, or provider for any other federal	38535
health care program.	38536

(b) If the person is subject to a database review conducted	38537
under division (F)(1)(a) of this section, the person is found by	38538
the database review to be included in a database and the rules	38539
authorized by this section regarding the database review prohibit	38540
the provider from ~~employing~~retaining as an employee or hiring a	38541
person included in the database.	38542

(c) If the person is a person subject to the criminal records	38543
check requirement, either of the following applies:	38544

(i) The person fails to obtain the criminal records check	38545
after being given the information specified in division (G)(1) of	38546
this section.	38547

(ii) Except as provided in rules authorized by this section,	38548
the person is found by the criminal records check to have been	38549
convicted of or have pleaded guilty to a disqualifying offense,	38550
regardless of the date of the conviction or the date of entry of	38551
the guilty plea.	38552

(E)(1) The department or the department's designee shall	38553
inform each medicaid provider whether the provider is subject to a	38554
criminal records check. For providers with valid provider	38555
agreements, the information shall be given at times designated in	38556
rules authorized by this section. For providers applying to be	38557
medicaid providers, the information shall be given at the time of	38558
initial application. When the information is given, the department	38559
or the department's designee shall specify the following:	38560

(a) Which of the provider's owners or prospective owners,	38561
officers or prospective officers, or board members or prospective	38562
board members are subject to a criminal records check;	38563

(b) Which of the provider's employees or prospective	38564
employees are subject to division (C)(3) of this section.	38565

(2) At times designated in rules authorized by this section,	38566
a medicaid provider that is a person subject to the criminal	38567
records check requirement shall do the following:	38568

(a) Inform each person specified under division (E)(1)(a) of	38569
this section that the person is required to submit to a criminal	38570
records check as a condition of being an owner, officer, or board	38571
member of the provider;	38572

(b) Inform each person specified under division (E)(1)(b) of	38573
this section that the person is subject to division (C)(3) of this	38574
section.	38575

(F)(1) If a medicaid provider is a person subject to the	38576
criminal records check requirement, the department or the	38577
department's designee shall require the conduct of a criminal	38578
records check by the superintendent of the bureau of criminal	38579
identification and investigation. A medicaid provider shall	38580
require the conduct of a criminal records check by the	38581
superintendent with respect to each of the persons specified under	38582
division (E)(1)(a) of this section. With respect to each employee	38583
and prospective employee specified under division (E)(1)(b) of	38584
this section, a medicaid provider shall do the following:	38585

(a) If rules authorized by this section require the provider	38586
to conduct a database review to determine whether the employee or	38587
prospective employee is included in a database, conduct the	38588
database review in accordance with the rules;	38589

(b) Unless the provider is prohibited by division (D)(3)(b)	38590
of this section from ~~employing~~retaining the employee or hiring	38591
the prospective employee, require the conduct of a criminal	38592
records check of the employee or prospective employee by the	38593
superintendent.	38594

(2) If a person subject to the criminal records check	38595
requirement does not present proof of having been a resident of	38596
this state for the five-year period immediately prior to the date	38597
the criminal records check is requested or provide evidence that	38598
within that five-year period the superintendent has requested	38599
information about the person from the federal bureau of	38600
investigation in a criminal records check, the responsible entity	38601
shall require the person to request that the superintendent obtain	38602
information from the federal bureau of investigation as part of	38603
the criminal records check of the person. Even if the person	38604
presents proof of having been a resident of this state for the	38605
five-year period, the responsible entity may require that the	38606
person request that the superintendent obtain information from the	38607
federal bureau of investigation and include it in the criminal	38608
records check of the person.	38609

(G) Criminal records checks required by this section shall be	38610
obtained as follows:	38611

(1) The responsible entity shall provide each person subject	38612
to the criminal records check requirement information about	38613
accessing and completing the form prescribed pursuant to division	38614
(C)(1) of section 109.572 of the Revised Code and the standard	38615
impression sheet prescribed pursuant to division (C)(2) of that	38616
section.	38617

(2) The person subject to the criminal records check	38618
requirement shall submit the required form and one complete set of	38619
the person's fingerprint impressions directly to the	38620
superintendent for purposes of conducting the criminal records	38621
check using the applicable methods prescribed by division (C) of	38622
section 109.572 of the Revised Code. The person shall pay all fees	38623
associated with obtaining the criminal records check.	38624

(3) The superintendent shall conduct the criminal records	38625
check in accordance with section 109.572 of the Revised Code. The	38626
person subject to the criminal records check requirement shall	38627
instruct the superintendent to submit the report of the criminal	38628
records check directly to the responsible entity. If the	38629
department or the department's designee is not the responsible	38630
entity, the department or designee may require the responsible	38631
entity to submit the report to the department or designee.	38632

(H)(1) A medicaid provider may ~~employ~~ conditionally hire a	38633
person for whom a criminal records check is required by this	38634
section prior to obtaining the results of the criminal records	38635
check if both of the following apply:	38636

(a) The provider is not prohibited by division (D)(3)(b) of	38637
this section from ~~employing~~hiring the person.	38638

(b) The person submits a request for the criminal records	38639
check not later than five business days after the provider	38640
conditionally hires the person ~~begins conditional employment~~.	38641

(2) A medicaid provider that ~~employs a person~~ conditionally	38642
hires a person under division (H)(1) of this section shall	38643
~~terminate the person's employment~~remove the conditionally hired	38644
person from any job duties that require a criminal records check	38645
if the results of the criminal records check request are not	38646
obtained within the period ending sixty days after the date the	38647
request is made. ~~Regardless~~	38648

Regardless of when the results of the criminal records check	38649
are obtained, if the results indicate that the conditionally hired	38650
person has been convicted of or has pleaded guilty to a	38651
disqualifying offense, the provider shall terminate the	38652
conditionally hired person's employment unless circumstances	38653
specified in rules authorized by this section exist that permit	38654
the provider to ~~employ~~hire the person and the provider chooses to	38655
~~employ~~hire the person.	38656

(I) The report of a criminal records check conducted pursuant	38657
to this section is not a public record for the purposes of section	38658
149.43 of the Revised Code and shall not be made available to any	38659
person other than the following:	38660

(1) The person who is the subject of the criminal records	38661
check or the person's representative;	38662

(2) The medicaid director and the staff of the department who	38663
are involved in the administration of the medicaid program;	38664

(3) The department's designee;

38665

(4) The medicaid provider who required the person who is the	38666
subject of the criminal records check to submit to the criminal	38667
records check;	38668

(5) An individual receiving or deciding whether to receive,	38669
from the subject of the criminal records check, home and	38670
community-based services available under the medicaid state plan;	38671

(6) A court, hearing officer, or other necessary individual	38672
involved in a case dealing with any of the following:	38673

(a) The denial or termination of a provider agreement;

38674

(b) A ~~person's~~ denial of ~~employment~~hiring of a person or	38675
retention of a person, termination of a person's employment, or a	38676
person's employment or unemployment benefits;	38677

(c) A civil or criminal action regarding the medicaid	38678
program.	38679

(J) The medicaid director may adopt rules under section	38680
5164.02 of the Revised Code to implement this section. If the	38681
director adopts such rules, the rules shall designate the times at	38682
which a criminal records check must be conducted under this	38683
section. The rules may do any of the following:	38684

(1) Designate the categories of persons who are subject to a	38685
criminal records check under this section;	38686

(2) Specify circumstances under which the department or the	38687
department's designee may continue a provider agreement or issue a	38688
provider agreement when the medicaid provider is found by a	38689
criminal records check to have been convicted of,or pleaded	38690
guilty to~~, or been found eligible for intervention in lieu of~~	38691
~~conviction for~~ a disqualifying offense;	38692

(3) Specify circumstances under which a medicaid provider may	38693
permit a person to be hired by, be retained as an employee of, or	38694
be an owner, officer, or board member of the provider when the	38695
person is found by a criminal records check conducted pursuant to	38696
this section to have been convicted of or have pleaded guilty to a	38697
disqualifying offense;	38698

(4) Specify all of the following:

38699

(a) The circumstances under which a database review must be	38700
conducted under division (F)(1)(a) of this section to determine	38701
whether an employee or prospective employee of a medicaid provider	38702
is included in a database;	38703

(b) The procedures for conducting the database review;

38704

38705

(d) The circumstances under which a medicaid provider is	38706
prohibited from ~~employing~~retaining as an employee or hiring a	38707
person who is found by the database review to be included in a	38708
database.	38709

Sec. 5164.342. (A) As used in this section:

38710

"Applicant" means a person who is under final consideration	38711
for ~~employment with~~hiring by a waiver agency in a full-time,	38712
part-time, or temporary position that involves providing home and	38713
community-based services.	38714

"Community-based long-term care provider" means a provider as	38715
defined in section 173.39 of the Revised Code.	38716

"Community-based long-term care subcontractor" means a	38717
subcontractor as defined in section 173.38 of the Revised Code.	38718

"Criminal records check" has the same meaning as in section	38719
109.572 of the Revised Code.	38720

"Disqualifying offense" means any of the offenses listed or	38721
described in divisions (A)(3)(a) to (e) of section 109.572 of the	38722
Revised Code.	38723

"Employee" means a person employed by a waiver agency in a	38724
full-time, part-time, or temporary position that involves	38725
providing home and community-based services.	38726

"Waiver agency" means a person or government entity that	38727
provides home and community-based services under a home and	38728
community-based services medicaid waiver component administered by	38729
the department of medicaid, other than such a person or government	38730
entity that is certified under the medicare program. "Waiver	38731
agency" does not mean an independent provider as defined in	38732
section 5164.341 of the Revised Code.	38733

(B) This section does not apply to any individual who is	38734
subject to a database review or criminal records check under	38735
section 3701.881 of the Revised Code. If a waiver agency also is a	38736
community-based long-term care provider or community-based	38737
long-term care subcontractor, the waiver agency may provide for	38738
applicants and employees to undergo database reviews and criminal	38739
records checks in accordance with section 173.38 of the Revised	38740
Code rather than this section.	38741

(C) No waiver agency shall ~~employ~~hire an applicant or	38742
~~continue to employ~~retain an employee in a position that involves	38743
providing home and community-based services if any of the	38744
following apply:	38745

(1) A review of the databases listed in division (E) of this	38746
section reveals any of the following:	38747

(a) That the applicant or employee is included in one or more	38748
of the databases listed in divisions (E)(1) to (5) of this	38749
section;	38750

(b) That there is in the state nurse aide registry	38751
established under section 3721.32 of the Revised Code a statement	38752
detailing findings by the director of health that the applicant or	38753
employee neglected or abused a long-term care facility or	38754
residential care facility resident or misappropriated property of	38755
such a resident;	38756

(c) That the applicant or employee is included in one or more	38757
of the databases, if any, specified in rules authorized by this	38758
section and the rules prohibit the waiver agency from ~~employing~~	38759
hiring an applicant or ~~continuing to employ~~retaining an employee	38760
included in such a database in a position that involves providing	38761
home and community-based services.	38762

(2) After the applicant or employee is given the information	38763
and notification required by divisions (F)(2)(a) and (b) of this	38764
section, the applicant or employee fails to do either of the	38765
following:	38766

(a) Access, complete, or forward to the superintendent of the	38767
bureau of criminal identification and investigation the form	38768
prescribed to division (C)(1) of section 109.572 of the Revised	38769
Code or the standard impression sheet prescribed pursuant to	38770
division (C)(2) of that section;	38771

(b) Instruct the superintendent to submit the completed	38772
report of the criminal records check required by this section	38773
directly to the chief administrator of the waiver agency.	38774

(3) Except as provided in rules authorized by this section,	38775
the applicant or employee is found by a criminal records check	38776
required by this section to have been convicted of or have pleaded	38777
guilty to a disqualifying offense, regardless of the date of the	38778
conviction or date of entry of the guilty plea.	38779

(D) At the time of each applicant's initial application for	38780
~~employment in~~hiring into a position that involves providing home	38781
and community-based services, the chief administrator of a waiver	38782
agency shall inform the applicant of both of the following:	38783

(1) That a review of the databases listed in division (E) of	38784
this section will be conducted to determine whether the waiver	38785
agency is prohibited by division (C)(1) of this section from	38786
~~employing~~hiring the applicant ininto the position;	38787

(2) That, unless the database review reveals that the	38788
applicant may not be ~~employed in~~hired into the position, a	38789
criminal records check of the applicant will be conducted and the	38790
applicant is required to provide a set of the applicant's	38791
fingerprint impressions as part of the criminal records check.	38792

(E) As a condition ~~of employing~~for hiring any applicant in	38793
into a position that involves providing home and community-based	38794
services, the chief administrator of a waiver agency shall conduct	38795
a database review of the applicant in accordance with rules	38796
authorized by this section. If rules authorized by this section so	38797
require, the chief administrator of a waiver agency shall conduct	38798
a database review of an employee in accordance with the rules as a	38799
condition of ~~continuing to employ~~retaining the employee in a	38800
position that involves providing home and community-based	38801
services. A database review shall determine whether the applicant	38802
or employee is included in any of the following:	38803

(1) The excluded parties list system that is maintained by	38804
the United States general services administration pursuant to	38805
subpart 9.4 of the federal acquisition regulation and available at	38806
the federal web site known as the system for award management;	38807

(2) The list of excluded individuals and entities maintained	38808
by the office of inspector general in the United States department	38809
of health and human services pursuant to the "Social Security	38810
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;	38811

(3) The registry of MR/DD employees established under section	38812
5123.52 of the Revised Code;	38813

(4) The internet-based sex offender and child-victim offender	38814
database established under division (A)(11) of section 2950.13 of	38815
the Revised Code;	38816

(5) The internet-based database of inmates established under	38817
section 5120.66 of the Revised Code;	38818

(6) The state nurse aide registry established under section	38819
3721.32 of the Revised Code;	38820

(7) Any other database, if any, specified in rules authorized	38821
by this section.	38822

(F)(1) As a condition ~~of employing~~for hiring any applicant	38823
ininto a position that involves providing home and	38824
community-based services, the chief administrator of a waiver	38825
agency shall require the applicant to request that the	38826
superintendent of the bureau of criminal identification and	38827
investigation conduct a criminal records check of the applicant.	38828
If rules authorized by this section so require, the chief	38829
administrator of a waiver agency shall require an employee to	38830
request that the superintendent conduct a criminal records check	38831
of the employee at times specified in the rules as a condition of	38832
~~continuing to employ~~for retaining the employee in a position that	38833
involves providing home and community-based services. However, a	38834
criminal records check is not required for an applicant or	38835
employee if the waiver agency is prohibited by division (C)(1) of	38836
this section from ~~employing~~hiring the applicant or ~~continuing to~~	38837
~~employ~~retaining the employee in a position that involves	38838
providing home and community-based services. If an applicant or	38839
employee for whom a criminal records check request is required by	38840
this section does not present proof of having been a resident of	38841
this state for the five-year period immediately prior to the date	38842
the criminal records check is requested or provide evidence that	38843
within that five-year period the superintendent has requested	38844
information about the applicant or employee from the federal	38845
bureau of investigation in a criminal records check, the chief	38846
administrator shall require the applicant or employee to request	38847
that the superintendent obtain information from the federal bureau	38848
of investigation as part of the criminal records check. Even if an	38849
applicant or employee for whom a criminal records check request is	38850
required by this section presents proof of having been a resident	38851
of this state for the five-year period, the chief administrator	38852
may require the applicant or employee to request that the	38853
superintendent include information from the federal bureau of	38854
investigation in the criminal records check.	38855

(2) The chief administrator shall provide the following to	38856
each applicant and employee for whom a criminal records check is	38857
required by this section:	38858

(a) Information about accessing, completing, and forwarding	38859
to the superintendent of the bureau of criminal identification and	38860
investigation the form prescribed pursuant to division (C)(1) of	38861
section 109.572 of the Revised Code and the standard impression	38862
sheet prescribed pursuant to division (C)(2) of that section;	38863

(b) Written notification that the applicant or employee is to	38864
instruct the superintendent to submit the completed report of the	38865
criminal records check directly to the chief administrator.	38866

(3) A waiver agency shall pay to the bureau of criminal	38867
identification and investigation the fee prescribed pursuant to	38868
division (C)(3) of section 109.572 of the Revised Code for any	38869
criminal records check required by this section. However, a waiver	38870
agency may require an applicant to pay to the bureau the fee for a	38871
criminal records check of the applicant. If the waiver agency pays	38872
the fee for an applicant, it may charge the applicant a fee not	38873
exceeding the amount the waiver agency pays to the bureau under	38874
this section if the waiver agency notifies the applicant at the	38875
time of initial application for ~~employment~~hiring into the	38876
position in question of the amount of the fee and that, unless the	38877
fee is paid, the applicant will not be considered for ~~employment~~	38878
the hiring.	38879

(G)(1) A waiver agency may ~~employ~~ conditionally hire an	38880
applicant for whom a criminal records check is required by this	38881
section prior to obtaining the results of the criminal records	38882
check if both of the following apply:	38883

(a) The waiver agency is not prohibited by division (C)(1) of	38884
this section from ~~employing~~hiring the applicant in a position	38885
that involves providing home and community-based services.	38886

(b) The chief administrator of the waiver agency requires the	38887
applicant to request a criminal records check regarding the	38888
applicant in accordance with division (F)(1) of this section not	38889
later than five business days after the waiver agency	38890
conditionally hires the applicant ~~begins conditional employment~~.	38891

(2) A waiver agency that ~~employs~~conditionally hires an	38892
applicant ~~conditionally~~ under division (G)(1) of this section	38893
shall ~~terminate the applicant's employment~~remove the	38894
conditionally hired applicant from any job duties that require a	38895
criminal records check if the results of the criminal records	38896
check, other than the results of any request for information from	38897
the federal bureau of investigation, are not obtained within the	38898
period ending sixty days after the date the request for the	38899
criminal records check is made. ~~Regardless~~	38900

Regardless of when the results of the criminal records check	38901
are obtained, if the results indicate that the conditionally hired	38902
applicant has been convicted of or has pleaded guilty to a	38903
disqualifying offense, the waiver agency shall terminate the	38904
conditionally hired applicant's employment unless circumstances	38905
specified in rules authorized by this section exist that permit	38906
the waiver agency to ~~employ~~hire the applicant and the waiver	38907
agency chooses to ~~employ~~hire the applicant.	38908

(H) The report of any criminal records check conducted	38909
pursuant to a request made under this section is not a public	38910
record for the purposes of section 149.43 of the Revised Code and	38911
shall not be made available to any person other than the	38912
following:	38913

(1) The applicant or employee who is the subject of the	38914
criminal records check or the representative of the applicant or	38915
employee;	38916

(2) The chief administrator of the waiver agency that	38917
requires the applicant or employee to request the criminal records	38918
check or the administrator's representative;	38919

(3) The medicaid director and the staff of the department who	38920
are involved in the administration of the medicaid program;	38921

(4) The director of aging or the director's designee if the	38922
waiver agency also is a community-based long-term care provider or	38923
community-based long-term care subcontractor;	38924

(5) An individual receiving or deciding whether to receive	38925
home and community-based services from the subject of the criminal	38926
records check;	38927

(6) A court, hearing officer, or other necessary individual	38928
involved in a case dealing with any of the following:	38929

(a) A denial of ~~employment~~hiring of the applicant or of	38930
retention of the employee;	38931

(b) Employment or unemployment benefits of the applicant or	38932
employee;	38933

(c) A civil or criminal action regarding the medicaid	38934
program.	38935

(I) The medicaid director shall adopt rules under section	38936
5164.02 of the Revised Code to implement this section.	38937

(1) The rules may do the following:

38938

(a) Require employees to undergo database reviews and	38939
criminal records checks under this section;	38940

(b) If the rules require employees to undergo database	38941
reviews and criminal records checks under this section, exempt one	38942
or more classes of employees from the requirements;	38943

(c) For the purpose of division (E)(7) of this section,	38944
specify other databases that are to be checked as part of a	38945
database review conducted under this section.	38946

(2) The rules shall specify all of the following:

38947

(a) The procedures for conducting a database review under	38948
this section;	38949

(b) If the rules require employees to undergo database	38950
reviews and criminal records checks under this section, the times	38951
at which the database reviews and criminal records checks are to	38952
be conducted;	38953

(c) If the rules specify other databases to be checked as	38954
part of a database review, the circumstances under which a waiver	38955
agency is prohibited from ~~employing~~hiring an applicant or	38956
~~continuing to employ~~retaining an employee who is found by the	38957
database review to be included in one or more of those databases;	38958

(d) The circumstances under which a waiver agency may ~~employ~~	38959
hire an applicant or retain an employee who is found by a criminal	38960
records check required by this section to have been convicted of	38961
or have pleaded guilty to a disqualifying offense.	38962

(J) The amendments made by H.B. 487 of the 129th general	38963
assembly to this section do not preclude the department of	38964
medicaid from taking action against a person for failure to comply	38965
with former division (H) of this section as that division existed	38966
on the day preceding January 1, 2013.	38967

Sec. 5513.01. (A) ~~All~~The director of transportation shall	38968
make all purchases of machinery, materials, supplies, or other	38969
articles ~~that the director of transportation makes shall be~~ in the	38970
manner provided in this section. In all cases except those in	38971
which the director provides written authorization for purchases by	38972
district deputy directors of transportation, the director shall	38973
make all such purchases ~~shall be made~~ at the central office of the	38974
department of transportation in Columbus. Before making any	38975
purchase at that office, the director, as provided in this	38976
section, shall give notice to bidders of the director's intention	38977
to purchase. Where the expenditure does not exceed the amount	38978
applicable to the purchase of supplies specified in division (B)	38979
of section 125.05 of the Revised Code, as adjusted pursuant to	38980
division (D) of that section, the director shall give such notice	38981
as the director considers proper, or the director may make the	38982
purchase without notice. Where the expenditure exceeds the amount	38983
applicable to the purchase of supplies specified in division (B)	38984
of section 125.05 of the Revised Code, as adjusted pursuant to	38985
division (D) of that section, the director shall give notice by	38986
posting for not less than ten days a written, typed, or printed	38987
invitation to bidders on a bulletin board~~, which~~. The director	38988
shall ~~be located~~locate the notice in a place in the offices	38989
assigned to the department and open to the public during business	38990
hours. ~~Producers~~	38991

Producers or distributors of any product may notify the	38992
director, in writing, of the class of articles for the furnishing	38993
of which they desire to bid and their post-office addresses~~, in~~	38994
~~which case~~. In that circumstance, the director shall mail copies	38995
of all invitations to bidders relating to the purchase of such	38996
articles ~~shall be mailed~~ to such persons ~~by the director~~ by	38997
regular first class mail at least ten days prior to the time fixed	38998
for taking bids. The director also may mail copies of all	38999
invitations to bidders to news agencies or other agencies or	39000
organizations distributing information of this character. Requests	39001
for invitations ~~shall~~are not be valid ~~nor~~and do not require	39002
action by the director unless renewed by the director, either	39003
annually or after such shorter period as the director may	39004
prescribe by a general rule. ~~The~~	39005

The director shall include in an invitation to bidders ~~shall~~	39006
~~contain~~ a brief statement of the general character of the article	39007
that it is intended to purchase, the approximate quantity desired,	39008
and a statement of the time and place where bids will be received,	39009
and may relate to and describe as many different articles as the	39010
director thinks proper, it being the intent and purpose of this	39011
section to authorize the inclusion in a single invitation of as	39012
many different articles as the director desires to invite bids	39013
upon at any given time. ~~Invitations~~The director shall give	39014
invitations issued during each calendar year ~~shall be given~~	39015
consecutive numbers, and ensure that the number assigned to each	39016
invitation ~~shall appear~~appears on all copies thereof. In all	39017
cases where notice is required by this section, the director shall	39018
require sealed bids ~~shall be taken~~, on forms prescribed and	39019
furnished by the director~~, and~~. The director shall not permit the	39020
modification of bids after they have been opened ~~shall not be~~	39021
~~permitted~~.	39022

(B) The director may permit the Ohio turnpike and	39023
infrastructure commission, any political subdivision, and any	39024
state university or college to participate in contracts into which	39025
the director has entered for the purchase of machinery, materials,	39026
supplies, or other articles. The turnpike and infrastructure	39027
commission and any political subdivision or state university or	39028
college desiring to participate in such purchase contracts shall	39029
file with the director a certified copy of the bylaws or rules of	39030
the turnpike and infrastructure commission or the ordinance or	39031
resolution of the legislative authority, board of trustees, or	39032
other governing board requesting authorization to participate in	39033
such contracts and agreeing to be bound by such terms and	39034
conditions as the director prescribes. Purchases made by the	39035
turnpike and infrastructure commission, political subdivisions, or	39036
state universities or colleges under this division are exempt from	39037
any competitive bidding required by law for the purchase of	39038
machinery, materials, supplies, or other articles.	39039

39040

(1) "Political subdivision" means any county, township,	39041
municipal corporation, conservancy district, township park	39042
district, park district created under Chapter 1545. of the Revised	39043
Code, port authority, regional transit authority, regional airport	39044
authority, regional water and sewer district, county transit	39045
board, or school district as defined in section 5513.04 of the	39046
Revised Code, regional planning commission formed under section	39047
713.21 of the Revised Code, regional council of government formed	39048
under section 167.01 of the Revised Code, or other association of	39049
local governments established pursuant to an agreement under	39050
sections 307.14 to 307.19 of the Revised Code.	39051

(2) "State university or college" has the same meaning as in	39052
division (A)(1) of section 3345.32 of the Revised Code.	39053

(3) "Ohio turnpike and infrastructure commission" means the	39054
commission created by section 5537.02 of the Revised Code.	39055

Sec. 5703.052. (A) There is hereby created in the state	39056
treasury the tax refund fund, from which refunds shall be paid for	39057
taxes illegally or erroneously assessed or collected, or for any	39058
other reason overpaid, that are levied by Chapter 4301., 4305.,	39059
5726., 5728., 5729., 5731., 5733., 5735., 5736., 5739., 5741.,	39060
5743., 5747., 5748., 5749., 5751., or 5753. and sections 3737.71,	39061
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38,	39062
5727.81, and 5727.811 of the Revised Code. Refunds for fees or	39063
wireless 9-1-1 charges illegally or erroneously assessed or	39064
collected, or for any other reason overpaid, that are levied by	39065
sections 128.42 or 3734.90 to 3734.9014 of the Revised Code also	39066
shall be paid from the fund. Refunds for amounts illegally or	39067
erroneously assessed or collected by the tax commissioner, or for	39068
any other reason overpaid, that are due under former section	39069
1509.50 of the Revised Code as that section existed before its	39070
repeal by H.B.... of the 130th general assembly shall be paid from	39071
the fund. However, refunds for taxes levied under section 5739.101	39072
of the Revised Code shall not be paid from the tax refund fund,	39073
but shall be paid as provided in section 5739.104 of the Revised	39074
Code.	39075

(B)(1) Upon certification by the tax commissioner to the	39076
treasurer of state of a tax refund, a wireless 9-1-1 charge	39077
refund, or another amount refunded, or by the superintendent of	39078
insurance of a domestic or foreign insurance tax refund, the	39079
treasurer of state shall place the amount certified to the credit	39080
of the fund. The certified amount transferred shall be derived	39081
from the receipts of the same tax, fee, wireless 9-1-1 charge, or	39082
other amount from which the refund arose.	39083

(2) When a refund is for a tax, fee, wireless 9-1-1 charge,	39084
or other amount that is not levied by the state or that was	39085
illegally or erroneously distributed to a taxing jurisdiction, the	39086
tax commissioner shall recover the amount of that refund from the	39087
next distribution of that tax, fee, wireless 9-1-1 charge, or	39088
other amount that otherwise would be made to the taxing	39089
jurisdiction. If the amount to be recovered would exceed	39090
twenty-five per cent of the next distribution of that tax, fee,	39091
wireless 9-1-1 charge, or other amount, the commissioner may	39092
spread the recovery over more than one future distribution, taking	39093
into account the amount to be recovered and the amount of the	39094
anticipated future distributions. In no event may the commissioner	39095
spread the recovery over a period to exceed twenty-four months.	39096

Sec. 5703.056. (A) As used in any section of the Revised	39097
Code that requires the tax commissioner to use certified mail or	39098
personal service or that requires or permits a payment to be made	39099
or a document to be submitted to the tax commissioner or the board	39100
of tax appeals by mail or personal service, and as used in any	39101
section of Chapter 3734., 3769., 4303., or 4305. or Title LVII of	39102
the Revised Code that requires or permits a payment to be made or	39103
a document to be submitted to the treasurer of state by mail:	39104

(1) "Certified mail," "express mail," "United States mail,"	39105
"United States postal service," and similar terms include any	39106
delivery service authorized pursuant to division (B) of this	39107
section.	39108

(2) "Postmark date," "date of postmark," and similar terms	39109
include the date recorded and marked in the manner described in	39110
division (B)(3) of this section.	39111

(B) The tax commissioner may authorize the use of a delivery	39112
service for the delivery of any payment or document described in	39113
division (A) of this section if the commissioner finds that the	39114
delivery service:	39115

(1) Is available to the general public;

39116

(2) Is at least as timely and reliable on a regular basis as	39117
the United States postal service;	39118

(3) Records electronically to a database kept in the regular	39119
course of its business, and marks on the cover in which the	39120
payment or document is enclosed, the date on which the payment or	39121
document was given to the delivery service for delivery;	39122

(4) Records electronically to a database kept in the regular	39123
course of its business the date on which the payment or document	39124
was given by the delivery service to the person who signed the	39125
receipt of delivery and the name of the person who signed the	39126
receipt; and	39127

(5) Meets any other criteria that the tax commissioner may by	39128
rule prescribe.	39129

(C) In any section of the Revised Code referring to the date	39130
any payment or document is received by the tax commissioner by	39131
mail, personal service, or electronically or by a person receiving	39132
a document or payment from the tax commissioner by mail, the	39133
payment or document shall be considered to be received on one of	39134
the following dates, as applicable, except as provided in section	39135
5703.053 or 5703.37 of the Revised Code:	39136

(1) For a document or payment sent by certified mail, express	39137
mail, United States mail, foreign mail, or a delivery service	39138
authorized for use under division (B) of this section, the date of	39139
the postmark placed by the postal or delivery service on the	39140
sender's receipt or, if the sender was not issued a postmarked	39141
sender's receipt, the date of the postmark placed by the postal or	39142
delivery service on the package containing the payment or	39143
document.	39144

(2) For personal service to the tax commissioner, the date	39145
the payment or document is received in any of the tax	39146
commissioner's offices during business hours.	39147

(3) For a document filed or sent electronically or a payment	39148
made electronically, the date on the timestamp assigned by the	39149
first electronic system receiving that payment or document.	39150

(D) As used in divisions (A) and (C) of this section	39151
"electronically" includes by facsimile, if applicable.	39152

Sec. 5703.059. (A) The tax commissioner may adopt rules	39153
requiring returns, including any accompanying schedule or	39154
statement, for any ~~of the following taxes~~tax or fee administered	39155
by the commissioner to be filed electronically using the Ohio	39156
business gateway as defined in section 718.051 of the Revised	39157
Code, filed telephonically using the system known as the Ohio	39158
telefile system, or filed by any other electronic means prescribed	39159
by the commissioner:	39160

~~(1) Employer income tax withholding under Chapter 5747. of~~	39161
~~the Revised Code;~~	39162

~~(2) Motor fuel tax under Chapter 5735. of the Revised Code;~~

39163

~~(3) Cigarette and tobacco product tax under Chapter 5743. of~~	39164
~~the Revised Code;~~	39165

~~(4) Severance tax under Chapter 5749. of the Revised Code;~~

39166

~~(5) Use tax under Chapter 5741. of the Revised Code;~~

39167

~~(6) Commercial activity tax under Chapter 5751. of the~~	39168
~~Revised Code;~~	39169

~~(7) Financial institutions tax under Chapter 5726. of the~~	39170
~~Revised Code;~~	39171

~~(8) Motor fuel receipts tax under Chapter 5736. of the~~	39172
~~Revised Code;~~	39173

~~(9) Horse-racing taxes under Chapter 3769. of the Revised~~	39174
~~Code~~.	39175

(B) The ~~tax~~ commissioner may adopt rules requiring any	39176
payment of tax shown on such a return to be due to be made	39177
electronically in a manner approved by the commissioner.	39178

(C) A rule adopted under this section does not apply to	39179
returns or reports filed or payments made before ~~six months after~~	39180
the effective date of the rule. The commissioner shall publicize	39181
any new electronic filing requirement on the department's web	39182
site. The commissioner shall educate the public of the requirement	39183
through seminars, workshops, conferences, or other outreach	39184
activities.	39185

(D) Any person required to file returns and make payments	39186
electronically under rules adopted under this section may apply to	39187
the commissioner, on a form prescribed by the commissioner, to be	39188
excused from that requirement. For good cause shown, the	39189
commissioner may excuse the applicant from the requirement and	39190
permit the applicant to file the returns or reports or make the	39191
payments required under this section by nonelectronic means.	39192

Sec. 5703.21. (A) Except as provided in divisions (B) and	39193
(C) of this section, no agent of the department of taxation,	39194
except in the agent's report to the department or when called on	39195
to testify in any court or proceeding, shall divulge any	39196
information acquired by the agent as to the transactions,	39197
property, or business of any person while acting or claiming to	39198
act under orders of the department. Whoever violates this	39199
provision shall thereafter be disqualified from acting as an	39200
officer or employee or in any other capacity under appointment or	39201
employment of the department.	39202

(B)(1) For purposes of an audit pursuant to section 117.15 of	39203
the Revised Code, or an audit of the department pursuant to	39204
Chapter 117. of the Revised Code, or an audit, pursuant to that	39205
chapter, the objective of which is to express an opinion on a	39206
financial report or statement prepared or issued pursuant to	39207
division (A)(7) or (9) of section 126.21 of the Revised Code, the	39208
officers and employees of the auditor of state charged with	39209
conducting the audit shall have access to and the right to examine	39210
any state tax returns and state tax return information in the	39211
possession of the department to the extent that the access and	39212
examination are necessary for purposes of the audit. Any	39213
information acquired as the result of that access and examination	39214
shall not be divulged for any purpose other than as required for	39215
the audit or unless the officers and employees are required to	39216
testify in a court or proceeding under compulsion of legal	39217
process. Whoever violates this provision shall thereafter be	39218
disqualified from acting as an officer or employee or in any other	39219
capacity under appointment or employment of the auditor of state.	39220

(2) For purposes of an internal audit pursuant to section	39221
126.45 of the Revised Code, the officers and employees of the	39222
office of internal audit in the office of budget and management	39223
charged with directing the internal audit shall have access to and	39224
the right to examine any state tax returns and state tax return	39225
information in the possession of the department to the extent that	39226
the access and examination are necessary for purposes of the	39227
internal audit. Any information acquired as the result of that	39228
access and examination shall not be divulged for any purpose other	39229
than as required for the internal audit or unless the officers and	39230
employees are required to testify in a court or proceeding under	39231
compulsion of legal process. Whoever violates this provision shall	39232
thereafter be disqualified from acting as an officer or employee	39233
or in any other capacity under appointment or employment of the	39234
office of internal audit.	39235

(3) As provided by section 6103(d)(2) of the Internal Revenue	39236
Code, any federal tax returns or federal tax information that the	39237
department has acquired from the internal revenue service, through	39238
federal and state statutory authority, may be disclosed to the	39239
auditor of state or the office of internal audit solely for	39240
purposes of an audit of the department.	39241

(4) For purposes of Chapter 3739. of the Revised Code, an	39242
agent of the department of taxation may share information with the	39243
division of state fire marshal that the agent finds during the	39244
course of an investigation.	39245

(C) Division (A) of this section does not prohibit any of the	39246
following:	39247

(1) Divulging information contained in applications,	39248
complaints, and related documents filed with the department under	39249
section 5715.27 of the Revised Code or in applications filed with	39250
the department under section 5715.39 of the Revised Code;	39251

(2) Providing information to the office of child support	39252
within the department of job and family services pursuant to	39253
section 3125.43 of the Revised Code;	39254

(3) Disclosing to the motor vehicle repair board any	39255
information in the possession of the department that is necessary	39256
for the board to verify the existence of an applicant's valid	39257
vendor's license and current state tax identification number under	39258
section 4775.07 of the Revised Code;	39259

(4) Providing information to the administrator of workers'	39260
compensation pursuant to sections 4123.271 and 4123.591 of the	39261
Revised Code;	39262

(5) Providing to the attorney general information the	39263
department obtains under division (J) of section 1346.01 of the	39264
Revised Code;	39265

(6) Permitting properly authorized officers, employees, or	39266
agents of a municipal corporation from inspecting reports or	39267
information pursuant to rules adopted under section 5745.16 of the	39268
Revised Code;	39269

(7) Providing information regarding the name, account number,	39270
or business address of a holder of a vendor's license issued	39271
pursuant to section 5739.17 of the Revised Code, a holder of a	39272
direct payment permit issued pursuant to section 5739.031 of the	39273
Revised Code, or a seller having a use tax account maintained	39274
pursuant to section 5741.17 of the Revised Code, or information	39275
regarding the active or inactive status of a vendor's license,	39276
direct payment permit, or seller's use tax account;	39277

(8) Releasing invoices or invoice information furnished under	39278
section 4301.433 of the Revised Code pursuant to that section;	39279

(9) Providing to a county auditor notices or documents	39280
concerning or affecting the taxable value of property in the	39281
county auditor's county. Unless authorized by law to disclose	39282
documents so provided, the county auditor shall not disclose such	39283
documents;	39284

(10) Providing to a county auditor sales or use tax return or	39285
audit information under section 333.06 of the Revised Code;	39286

(11) Subject to section 4301.441 of the Revised Code,	39287
disclosing to the appropriate state agency information in the	39288
possession of the department of taxation that is necessary to	39289
verify a permit holder's gallonage or noncompliance with taxes	39290
levied under Chapter 4301. or 4305. of the Revised Code;	39291

(12) Disclosing to the department of natural resources	39292
information in the possession of the department of taxation that	39293
is necessary for the department of taxation to verify the	39294
taxpayer's compliance with section 5749.02 of the Revised Code or	39295
to allow the department of natural resources to enforce Chapter	39296
1509. of the Revised Code;	39297

(13) Disclosing to the department of job and family services,	39298
industrial commission, and bureau of workers' compensation	39299
information in the possession of the department of taxation solely	39300
for the purpose of identifying employers that misclassify	39301
employees as independent contractors or that fail to properly	39302
report and pay employer tax liabilities. The department of	39303
taxation shall disclose only such information that is necessary to	39304
verify employer compliance with law administered by those	39305
agencies.	39306

(14) Disclosing to the Ohio casino control commission	39307
information in the possession of the department of taxation that	39308
is necessary to verify a casino operator's compliance with section	39309
5747.063 or 5753.02 of the Revised Code and sections related	39310
thereto;	39311

(15) Disclosing to the state lottery commission information	39312
in the possession of the department of taxation that is necessary	39313
to verify a lottery sales agent's compliance with section 5747.064	39314
of the Revised Code.	39315

(16) Disclosing to the development services agency	39316
information in the possession of the department of taxation that	39317
is necessary to ensure compliance with the laws of this state	39318
governing taxation and to verify information reported to the	39319
development services agency for the purpose of evaluating	39320
potential tax credits, grants, or loans. Such information shall	39321
not include information received from the internal revenue service	39322
the disclosure of which is prohibited by section 6103 of the	39323
Internal Revenue Code. No officer, employee, or agent of the	39324
development services agency shall disclose any information	39325
provided to the development services agency by the department of	39326
taxation under division (C)(16) of this section except when	39327
disclosure of the information is necessary for, and made solely	39328
for the purpose of facilitating, the evaluation of potential tax	39329
credits, grants, or loans.	39330

Sec. 5713.012. (A) For purposes of this section:

39331

(1) "Mass appraisal project" means any sexennial reappraisal,	39332
triennial update, or other revaluation of all real property or the	39333
valuation of newly constructed real property in accordance with	39334
section 5713.01 of the Revised Code.	39335

(2) "Qualified project manager" means a person who plans,	39336
manages, coordinates, and controls the execution of a mass	39337
appraisal project under the direction of the county auditor and	39338
who has all of the following qualifications:	39339

(a) Has passed a comprehensive final examination that	39340
corresponds to a course, approved by the superintendent of real	39341
estate and professional licensing, that consists of at least	39342
thirty hours of instruction, quizzes, and learning aids. The	39343
superintendent shall not approve a course under this division that	39344
does not address the following topics in both the instruction and	39345
the examination:	39346

(i) Concepts and principles of mass appraisal as they relate	39347
to the assessment of real property for the purposes of ad valorem	39348
taxation;	39349

(ii) Methods of data collection and data management relative	39350
to parcels of real property, including modern alternative data	39351
collection methods and currently utilized computer-assisted mass	39352
appraisal systems;	39353

(iii) Assessment sales-ratio study including various measures	39354
of central tendency, the various measures of dispersion of data	39355
about the mean, median, and dollar-weighted mean, and the	39356
advantages and disadvantages of various analysis techniques;	39357

(iv) Traditional approaches of property valuation, including	39358
the cost approach, the sales comparison approach, and the income	39359
approach, as they are implemented in a mass appraisal project;	39360

(v) Methods and systems for model building and model	39361
calibration as related to mass appraisal of real property;	39362

(vi) Methods of production management and project analysis	39363
such as Gantt charts, program evaluation and review technique	39364
(PERT) charts, frequency distribution charts, line graphs, bar	39365
charts, and scatter diagrams, as they are utilized in the mass	39366
appraisal area.	39367

(b) Has completed at least seven hours of continuing	39368
education courses in mass appraisal during the two-year period	39369
immediately succeeding the year in which the person passed the	39370
examination required in division (A)(2)(a) of this section, and	39371
during each two-year period thereafter.	39372

(B)(1) The county auditor, in acting as the assessor of all	39373
real property in the auditor's county for taxation purposes in	39374
accordance with section 5713.01 of the Revised Code, shall involve	39375
at least one qualified project manager in each mass ~~assessment~~	39376
appraisal project that originates more than two years after the	39377
effective date of the enactment of this section by H.B. 487 of the	39378
129th general assembly, September 10, 2012.	39379

(2) The tax commissioner, beginning two years after the	39380
effective date of the enactment of this section by H.B. 487 of the	39381
129th general assembly, September 10, 2012, shall not approve any	39382
contract entered into by the auditor under division (E) of section	39383
5713.01 of the Revised Code, with a person to do all or any part	39384
of the work necessary to the performance of the auditor's duties	39385
as assessor unless that person designates an officer or employee	39386
of that person, with the appropriate credentials, to act as a	39387
qualified project manager.	39388

(3) The tax commissioner, beginning two years after the	39389
effective date of the enactment of this section by H.B. 487 of the	39390
129th general assembly, September 10, 2012, shall not include any	39391
person that has not designated an officer or employee, with the	39392
appropriate credentials, to act as a qualified project manager on	39393
a list generated by the commissioner for either of the following	39394
purposes:	39395

(a) To assist county auditors in selecting a person to do all	39396
or any part of the work necessary to the performance of the	39397
auditor's duties as assessor of all real property under section	39398
5713.01 of the Revised Code;	39399

(b) To assist the commissioner in the consideration of	39400
whether to approve or disapprove the auditor's application	39401
requesting authority to employ an appraisal firm or individual	39402
appraiser.	39403

(C) The superintendent of real estate and professional	39404
licensing shall adopt reasonable rules in accordance with Chapter	39405
119. of the Revised Code necessary for the implementation of this	39406
section, including rules establishing all of the following:	39407

(1) The form and manner by which persons may apply to the	39408
superintendent to offer a thirty-hour course or continuing	39409
education course as described in division (A)(2) of this section;	39410

(2) Standards to be used by the superintendent in approving a	39411
thirty-hour course or continuing education course described in	39412
division (A)(2) of this section;	39413

(3) Standards to be used in determining whether a person has	39414
successfully completed the examination and continuing education	39415
requirements described in division (A)(2) of this section;	39416

(4) The method and deadlines for transmitting to the tax	39417
commissioner all information necessary for the commissioner to	39418
determine a person's eligibility for inclusion on the	39419
commissioner's list of qualified project managers.	39420

Sec. 5727.47. (A) Notice of each assessment certified	39421
pursuant to section 5727.23 or 5727.38 of the Revised Code shall	39422
be mailed to the public utility, and its mailing shall be	39423
prima-facie evidence of its receipt by the public utility to which	39424
it is addressed. With the notice, the tax commissioner shall	39425
provide instructions on how to petition for reassessment and	39426
request a hearing on the petition. If a public utility objects to	39427
any assessment certified to it pursuant to such sections, it may	39428
file with the commissioner, either personally or by certified	39429
mail, within sixty days after the mailing of the notice of	39430
assessment a written petition for reassessment signed by the	39431
utility's authorized agent having knowledge of the facts. IfThe	39432
date the commissioner receives the petition ~~is filed by certified~~	39433
~~mail, the date of the United States postmark placed on the~~	39434
~~sender's receipt by the postal employee to whom the petition is~~	39435
~~presented shall be treated as~~shall be considered the date of	39436
filing. The petition shall indicate the utility's objections, but	39437
additional objections may be raised in writing if received by the	39438
commissioner prior to the date shown on the final determination.	39439

In the case of a petition seeking a reduction in taxable	39440
value filed with respect to an assessment issued under section	39441
5727.23 of the Revised Code, the petitioner shall state in the	39442
petition the total amount of reduction in taxable value sought by	39443
the petitioner. If the petitioner objects to the percentage of	39444
true value at which taxable property is assessed by the	39445
commissioner, the petitioner shall state in the petition the total	39446
amount of reduction in taxable value sought both with and without	39447
regard to the objection pertaining to the percentage of true value	39448
at which its taxable property is assessed. If a petitioner objects	39449
to the commissioner's apportionment of the taxable value of the	39450
petitioner's taxable property, the petitioner shall distinctly	39451
state in the petition that the petitioner objects to the	39452
commissioner's apportionment, and, within forty-five days after	39453
filing the petition for reassessment, shall submit the	39454
petitioner's proposed apportionment of the taxable value of its	39455
taxable property among taxing districts. If a petitioner that	39456
objects to the commissioner's apportionment fails to state its	39457
objections to that apportionment in its petition for reassessment	39458
or fails to submit its proposed apportionment within forty-five	39459
days after filing the petition for reassessment, the commissioner	39460
shall dismiss the petitioner's objection to the commissioner's	39461
apportionment, and the taxable value of the petitioner's taxable	39462
property, subject to any adjustment to taxable value pursuant to	39463
the petition or appeal, shall be apportioned in the manner used by	39464
the commissioner in the preliminary or amended preliminary	39465
assessment issued under section 5727.23 of the Revised Code.	39466

If an additional objection seeking a reduction in taxable	39467
value in excess of the reduction stated in the original petition	39468
is properly and timely raised with respect to an assessment issued	39469
under section 5727.23 of the Revised Code, the petitioner shall	39470
state the total amount of the reduction in taxable value sought in	39471
the additional objection both with and without regard to any	39472
reduction in taxable value pertaining to the percentage of true	39473
value at which taxable property is assessed. If a petitioner fails	39474
to state the reduction in taxable value sought in the original	39475
petition or in additional objections properly raised after the	39476
petition is filed, the commissioner shall notify the petitioner of	39477
the failure by certified mail. If the petitioner fails to notify	39478
the commissioner in writing of the reduction in taxable value	39479
sought in the petition or in an additional objection within thirty	39480
days after receiving the commissioner's notice, the commissioner	39481
shall dismiss the petition or the additional objection in which	39482
that reduction is sought.	39483

(B)(1) Subject to divisions (B)(2) and (3) of this section, a	39484
public utility filing a petition for reassessment regarding an	39485
assessment issued under section 5727.23 or 5727.38 of the Revised	39486
Code shall pay the tax with respect to the assessment objected to	39487
as required by law. The acceptance of any tax payment by the	39488
treasurer of state or any county treasurer shall not prejudice any	39489
claim for taxes on final determination by the commissioner or	39490
final decision by the board of tax appeals or any court.	39491

(2) If a public utility properly and timely files a petition	39492
for reassessment regarding an assessment issued under section	39493
5727.23 of the Revised Code, the petitioner shall pay the tax as	39494
prescribed by divisions (B)(2)(a), (b), and (c) of this section:	39495

(a) If the petitioner does not object to the commissioner's	39496
apportionment of the taxable value of the petitioner's taxable	39497
property, the petitioner is not required to pay the part of the	39498
tax otherwise due on the taxable value that the petitioner seeks	39499
to have reduced, subject to division (B)(2)(c) of this section.	39500

(b) If the petitioner objects to the commissioner's	39501
apportionment of the taxable value of the petitioner's taxable	39502
property, the petitioner is not required to pay the tax otherwise	39503
due on the part of the taxable value apportioned to any taxing	39504
district that the petitioner objects to, subject to division	39505
(B)(2)(c) of this section. If, pursuant to division (A) of this	39506
section, the petitioner has, in a proper and timely manner,	39507
apportioned taxable value to a taxing district to which the	39508
commissioner did not apportion the petitioner's taxable value, the	39509
petitioner shall pay the tax due on the taxable value that the	39510
petitioner has apportioned to the taxing district, subject to	39511
division (B)(2)(c) of this section.	39512

(c) If a petitioner objects to the percentage of true value	39513
at which taxable property is assessed by the commissioner, the	39514
petitioner shall pay the tax due on the basis of the percentage of	39515
true value at which the public utility's taxable property is	39516
assessed by the commissioner. In any case, the petitioner's	39517
payment of tax shall not be less than the amount of tax due based	39518
on the taxable value reflected on the last appeal notice issued by	39519
the commissioner under division (C) of this section. Until the	39520
county auditor receives notification under division (E) of this	39521
section and proceeds under section 5727.471 of the Revised Code to	39522
issue any refund that is found to be due, the county auditor shall	39523
not issue a refund for any increase in the reduction in taxable	39524
value that is sought by a petitioner later than forty-five days	39525
after the petitioner files the original petition as required under	39526
division (A) of this section.	39527

(3) Any part of the tax that, under division (B)(2)(a) or (b)	39528
of this section, is not paid shall be collected upon receipt of	39529
the notification as provided in section 5727.471 of the Revised	39530
Code with interest thereon computed in the same manner as interest	39531
is computed under division (E) of section 5715.19 of the Revised	39532
Code, subject to any correction of the assessment by the	39533
commissioner under division (E) of this section or the final	39534
judgment of the board of tax appeals or a court to which the	39535
board's final judgment is appealed. The penalty imposed under	39536
section 323.121 of the Revised Code shall apply only to the unpaid	39537
portion of the tax if the petitioner's tax payment is less than	39538
the amount of tax due based on the taxable value reflected on the	39539
last appeal notice issued by the commissioner under division (C)	39540
of this section.	39541

(C) Upon receipt of a properly filed petition for	39542
reassessment, the tax commissioner shall notify the treasurer of	39543
state or the auditor of each county to which the assessment	39544
objected to has been certified. In the case of a petition with	39545
respect to an assessment issued under section 5727.23 of the	39546
Revised Code, the commissioner shall issue an appeal notice within	39547
thirty days after receiving the amount of the taxable value	39548
reduction and apportionment changes sought by the petitioner in	39549
the original petition or in any additional objections properly and	39550
timely raised by the petitioner. The appeal notice shall indicate	39551
the amount of the reduction in taxable value sought in the	39552
petition or in the additional objections and the extent to which	39553
the reduction in taxable value and any change in apportionment	39554
requested by the petitioner would affect the commissioner's	39555
apportionment of the taxable value among taxing districts in the	39556
county as shown in the assessment. If a petitioner is seeking a	39557
reduction in taxable value on the basis of a lower percentage of	39558
true value than the percentage at which the commissioner assessed	39559
the petitioner's taxable property, the appeal notice shall	39560
indicate the reduction in taxable value sought by the petitioner	39561
without regard to the reduction sought on the basis of the lower	39562
percentage and shall indicate that the petitioner is required to	39563
pay tax on the reduced taxable value determined without regard to	39564
the reduction sought on the basis of a lower percentage of true	39565
value, as provided under division (B)(2)(c) of this section. The	39566
appeal notice shall include a statement that the reduced taxable	39567
value and the apportionment indicated in the notice are not final	39568
and are subject to adjustment by the commissioner or by the board	39569
of tax appeals or a court on appeal. If the commissioner finds an	39570
error in the appeal notice, the commissioner may amend the notice,	39571
but the notice is only for informational and tax payment purposes;	39572
the notice is not subject to appeal by any person. The	39573
commissioner also shall mail a copy of the appeal notice to the	39574
petitioner. Upon the request of a taxing authority, the county	39575
auditor may disclose to the taxing authority the extent to which a	39576
reduction in taxable value sought by a petitioner would affect the	39577
apportionment of taxable value to the taxing district or districts	39578
under the taxing authority's jurisdiction, but such a disclosure	39579
does not constitute a notice required by law to be given for the	39580
purpose of section 5717.02 of the Revised Code.	39581

(D) If the petitioner requests a hearing on the petition, the	39582
tax commissioner shall assign a time and place for the hearing on	39583
the petition and notify the petitioner of such time and place, but	39584
the commissioner may continue the hearing from time to time as	39585
necessary.	39586

(E) The tax commissioner may make corrections to the	39587
assessment as the commissioner finds proper. The commissioner	39588
shall serve a copy of the commissioner's final determination on	39589
the petitioner in the manner provided in section 5703.37 of the	39590
Revised Code. The commissioner's decision in the matter shall be	39591
final, subject to appeal under section 5717.02 of the Revised	39592
Code. The commissioner also shall transmit a copy of the final	39593
determination to the treasurer of state or applicable county	39594
auditor. In the absence of any further appeal, or when a decision	39595
of the board of tax appeals or of any court to which the decision	39596
has been appealed becomes final, the commissioner shall notify the	39597
public utility and, as appropriate, the treasurer of state who	39598
shall proceed under section 5727.42 of the Revised Code, or the	39599
applicable county auditor who shall proceed under section 5727.471	39600
of the Revised Code.	39601

The notification made under this division is not subject to	39602
further appeal.	39603

(F) On appeal, no adjustment shall be made in the tax	39604
commissioner's assessment issued under section 5727.23 of the	39605
Revised Code that reduces the taxable value of a petitioner's	39606
taxable property by an amount that exceeds the reduction sought by	39607
the petitioner in its petition for reassessment or in any	39608
additional objections properly and timely raised after the	39609
petition is filed with the commissioner.	39610

Sec. 5727.91. (A) The treasurer of state shall refund the	39611
amount of tax paid under section 5727.81 or 5727.811 of the	39612
Revised Code that was paid illegally or erroneously, or paid on an	39613
illegal or erroneous assessment. A natural gas distribution	39614
company, an electric distribution company, or a self-assessing	39615
purchaser shall file an application for a refund with the tax	39616
commissioner on a form prescribed by the commissioner, within four	39617
years of the illegal or erroneous payment of the tax.	39618

On the filing of the application, the commissioner shall	39619
determine the amount of refund to which the applicant is entitled.	39620
If the amount is not less than that claimed, the commissioner	39621
shall certify that amount to the director of budget and management	39622
and the treasurer of state for payment from the tax refund fund	39623
under section 5703.052 of the Revised Code. If the amount is less	39624
than that claimed, the commissioner shall proceed in accordance	39625
with section 5703.70 of the Revised Code.	39626

~~If the application for refund is for taxes paid on an illegal~~	39627
~~or erroneous assessment, the~~The commissioner shall include in the	39628
certified amount interest calculated at the rate per annum	39629
prescribed by section 5703.47 of the Revised Code from the date of	39630
overpayment to the date of the commissioner's certification.	39631

(B) If a natural gas distribution company or an electric	39632
distribution company entitled to a refund of taxes under this	39633
section, or section 5703.70 of the Revised Code, is indebted to	39634
the state for any tax or fee administered by the tax commissioner	39635
that is paid to the state, or any charge, penalty, or interest	39636
arising from such a tax or fee, the amount refundable may be	39637
applied in satisfaction of the debt. If the amount refundable is	39638
less than the amount of the debt, it may be applied in partial	39639
satisfaction of the debt. If the amount refundable is greater than	39640
the amount of the debt, the amount remaining after satisfaction of	39641
the debt shall be refunded. If the natural gas distribution	39642
company or electric distribution company has more than one such	39643
debt, any debt subject to section 5739.33 or division (G) of	39644
section 5747.07 of the Revised Code shall be satisfied first. This	39645
section applies only to debts that have become final.	39646

(C)(1) Any electric distribution company that can	39647
substantiate to the tax commissioner that the tax imposed by	39648
section 5727.81 of the Revised Code was paid on electricity	39649
distributed via wires and consumed at a location outside of this	39650
state may claim a refund in the manner and within the time period	39651
prescribed in division (A) of this section.	39652

(2) Any natural gas distribution company that can	39653
substantiate to the tax commissioner that the tax imposed by	39654
section 5727.811 of the Revised Code was paid on natural gas	39655
distributed via its facilities and consumed at a location outside	39656
of this state may claim a refund in the manner and within the time	39657
period prescribed in division (A) of this section.	39658

(3) If the commissioner certifies a refund based on an	39659
application filed under division (C)(1) or (2) of this section,	39660
the commissioner shall include in the certified amount interest	39661
calculated at the rate per annum prescribed by section 5703.47 of	39662
the Revised Code from the date of overpayment to the date of the	39663
commissioner's certification.	39664

(D) Before a refund is issued under this section or section	39665
5703.70 of the Revised Code, a natural gas company or an electric	39666
distribution company shall certify, as prescribed by the tax	39667
commissioner, that it either did not include the tax imposed by	39668
section 5727.81 of the Revised Code in the case of an electric	39669
distribution company, or the tax imposed by section 5727.811 of	39670
the Revised Code in the case of a natural gas distribution	39671
company, in its distribution charge to its customer upon which a	39672
refund of the tax is claimed, or it has refunded or credited to	39673
the customer the excess distribution charge related to the tax	39674
that was erroneously included in the customer's distribution	39675
charge.	39676

Sec. 5735.01. As used in this chapter:

39677

(A) "Motor vehicles" includes all vehicles, vessels,	39678
watercraft, engines, machines, or mechanical contrivances which	39679
are powered by internal combustion engines or motors.	39680

(B) "Motor fuel" means gasoline, diesel fuel, K-1 kerosene,	39681
or any other liquid motor fuel, including, but not limited to,	39682
liquid petroleum gas or liquid natural gas, but excluding	39683
substances prepackaged and sold in containers of five gallons or	39684
less.	39685

(C) "K-1 ~~Kerosene~~kerosene" means fuel that conforms to the	39686
chemical and physical standards for kerosene no. 1-K as set forth	39687
in the ~~american~~American society for testing and materials (ASTM)	39688
designated D-3699 "standard for specification for kerosene," as	39689
that standard may be modified from time to time. For purposes of	39690
inspection and testing, laboratory analysis shall be conducted	39691
using methods recognized by the ASTM designation D-3699.	39692

(D) "Diesel fuel" means any liquid fuel capable of use in	39693
discrete form or as a blend component in the operation of engines	39694
of the diesel type, including transmix when mixed with diesel	39695
fuel.	39696

(E) "Gasoline" means any of the following:

39697

(1) All products, commonly or commercially known or sold as	39698
gasoline;	39699

(2) Any blend stocks or additives, including alcohol, that	39700
are sold for blending with gasoline, other than products typically	39701
sold in containers of five gallons or less;	39702

(3) Transmix when mixed with gasoline, unless certified, as	39703
required by the tax commissioner, for withdrawal from terminals	39704
for reprocessing at refineries;	39705

(4) Alcohol that is offered for sale or sold for use as, or	39706
commonly and commercially used as, a fuel for internal combustion	39707
engines.	39708

Gasoline does not include diesel fuel, commercial or	39709
industrial napthas or solvents manufactured, imported, received,	39710
stored, distributed, sold, or used exclusively for purposes other	39711
than as a motor fuel for a motor vehicle or vessel. The blending	39712
of any of the products listed in the preceding sentence,	39713
regardless of name or characteristics, is conclusively presumed to	39714
have been done to produce gasoline, unless the product obtained by	39715
the blending is entirely incapable for use as fuel to operate a	39716
motor vehicle. An additive, blend stock, or alcohol is presumed to	39717
be sold for blending unless a certification is obtained as	39718
required by the tax commissioner.	39719

(F) "Public highways" means lands and lots over which the	39720
public, either as user or owner, generally has a right to pass,	39721
even though the same are closed temporarily by the authorities for	39722
the purpose of construction, reconstruction, maintenance, or	39723
repair.	39724

(G) "Waters within the boundaries of this state" means all	39725
streams, lakes, ponds, marshes, water courses, and all other	39726
bodies of surface water, natural or artificial, which are situated	39727
wholly or partially within this state or within its jurisdiction,	39728
except private impounded bodies of water.	39729

(H) "Person" includes individuals, partnerships, firms,	39730
associations, corporations, receivers, trustees in bankruptcy,	39731
estates, joint-stock companies, joint ventures, the state and its	39732
political subdivisions, and any combination of persons of any	39733
form.	39734

(I)(1) "Motor fuel dealer" means any person who satisfies any	39735
of the following:	39736

(a) The person imports from another state or foreign country	39737
or acquires motor fuel by any means into a terminal in this state;	39738

(b) The person imports motor fuel from another state or	39739
foreign country in bulk lot vehicles for subsequent sale and	39740
distribution in this state from bulk lot vehicles;	39741

39742

(d) The person acquires motor fuel from a motor fuel dealer	39743
for subsequent sale and distribution by that person in this state	39744
from bulk lot vehicles;	39745

(e) The person possesses an unrevoked permissive motor fuel	39746
dealer's license.	39747

(2) Any person who obtains dyed diesel fuel for use other	39748
than the operation of motor vehicles upon the public highways or	39749
upon waters within the boundaries of this state, but later uses	39750
that motor fuel for the operation of motor vehicles upon the	39751
public highways or upon waters within the boundaries of this	39752
state, is deemed a motor fuel dealer as regards any unpaid motor	39753
fuel taxes levied on the motor fuel so used.	39754

(J) As used in sections 5735.05, 5735.25, 5735.29, and	39755
5735.30 of the Revised Code only:	39756

(1) With respect to gasoline, "received" or "receipt" shall	39757
be construed as follows:	39758

(a) Gasoline produced at a refinery in this state or	39759
delivered to a terminal in this state is deemed received when it	39760
is disbursed through a loading rack at that refinery or terminal;	39761

(b) Except as provided in division (J)(1)(a) of this section,	39762
gasoline imported into this state or purchased or otherwise	39763
acquired in this state by any person is deemed received within	39764
this state by that person when the gasoline is withdrawn from the	39765
container in which it was transported;	39766

(c) Gasoline delivered or disbursed by any means from a	39767
terminal directly to another terminal is not deemed received.	39768

(2) With respect to motor fuel other than gasoline,	39769
"received" or "receipt" means distributed or sold for use or used	39770
to generate power for the operation of motor vehicles upon the	39771
public highways or upon waters within the boundaries of this	39772
state. All diesel fuel that is not dyed diesel fuel, regardless of	39773
its use, shall be considered as used to generate power for the	39774
operation of motor vehicles upon the public highways or upon	39775
waters within the boundaries of this state when the fuel is sold	39776
or distributed to a person other than a licensed motor fuel dealer	39777
or to a person licensed under section 5735.026 of the Revised	39778
Code.	39779

(K) Motor fuel used for the operation of licensed motor	39780
vehicles employed in the maintenance, construction, or repair of	39781
public highways is deemed to be used for the operation of motor	39782
vehicles upon the public highways.	39783

(L) "Licensed motor fuel dealer" means any dealer possessing	39784
an unrevoked motor fuel dealer's license issued by the tax	39785
commissioner as provided in section 5735.02 of the Revised Code.	39786

(M) "Licensed retail dealer" means any retail dealer	39787
possessing an unrevoked retail dealer's license issued by the tax	39788
commissioner as provided in section 5735.022 of the Revised Code.	39789

(N) "Cents per gallon rate" means the amount computed by the	39790
tax commissioner under section 5735.011 of the Revised Code that	39791
is used to determine that portion of the tax levied by section	39792
5735.05 of the Revised Code that is computed in the manner	39793
prescribed by division (B)(2) of section 5735.06 of the Revised	39794
Code and that is applicable for the period that begins on the	39795
first day of July following the date on which the commissioner	39796
makes the computation.	39797

(O) "Retail dealer" means any person that sells or	39798
distributes motor fuel at a retail service station located in this	39799
state.	39800

(P) "Retail service station" means a location from which	39801
motor fuel is sold to the general public and is dispensed or	39802
pumped directly into motor vehicle fuel tanks for consumption.	39803

(Q) "Transit bus" means a motor vehicle that is operated for	39804
public transit or paratransit service on a regular and continuing	39805
basis within the state by or for a county, a municipal	39806
corporation, a county transit board pursuant to sections 306.01 to	39807
306.13 of the Revised Code, a regional transit authority pursuant	39808
to sections 306.30 to 306.54 of the Revised Code, or a regional	39809
transit commission pursuant to sections 306.80 to 306.90 of the	39810
Revised Code. Public transit or paratransit service may include	39811
fixed route, demand-responsive, or subscription bus service	39812
transportation, but does not include shared-ride taxi service,	39813
carpools, vanpools, jitney service, school bus transportation, or	39814
charter or sightseeing services.	39815

(R) "Export" means motor fuel delivered outside this state.	39816
Motor fuel delivered outside this state by or for the seller	39817
constitutes an export by the seller. Motor fuel delivered outside	39818
this state by or for the purchaser constitutes an export by the	39819
purchaser.	39820

(S) "Import" means motor fuel delivered into this state from	39821
outside this state. Motor fuel delivered into this state from	39822
outside this state by or for the seller constitutes an import by	39823
the seller. Motor fuel delivered into this state from outside this	39824
state by or for the purchaser constitutes an import by the	39825
purchaser.	39826

(T) "Terminal" means a motor fuel storage or distribution	39827
facility that is supplied by pipeline or marine vessel.	39828

(U) "Consumer" means a buyer of motor fuel for purposes other	39829
than resale in any form.	39830

(V) "Bulk lot vehicle" means railroad tank cars, transport	39831
tank trucks and tank wagons with a capacity of at least 1,400	39832
gallons.	39833

(W) "Licensed permissive motor fuel dealer" means any person	39834
possessing an unrevoked permissive motor fuel dealer's license	39835
issued by the tax commissioner under section 5735.021 of the	39836
Revised Code.	39837

(X) "Licensed terminal operator" means any person possessing	39838
an unrevoked terminal operator's license issued by the tax	39839
commissioner under section 5735.026 of the Revised Code.	39840

(Y) "Licensed exporter" means any person possessing an	39841
unrevoked exporter's license issued by the tax commissioner under	39842
section 5735.026 of the Revised Code.	39843

(Z) "Dyed diesel fuel" means any diesel fuel dyed pursuant to	39844
regulations issued by the internal revenue service or a rule	39845
promulgated by the tax commissioner.	39846

(AA) "Gross gallons" means U.S. gallons without temperature	39847
or barometric adjustments.	39848

(BB) "Net gallons" means U.S. gallons with a temperature	39849
adjustment to sixty degrees fahrenheit.	39850

(CC) "Transporter" means either of the following:

39851

(1) A railroad company, street, suburban, or interurban	39852
railroad company, a pipeline company, or water transportation	39853
company that transports motor fuel, either in interstate or	39854
intrastate commerce, to points in this state;	39855

(2) A person that transports motor fuel by any manner to a	39856
point in this state.	39857

(DD) "Exporter" means either of the following:

39858

(1) A person that is licensed to collect and remit motor fuel	39859
taxes in a specified state of destination;	39860

(2) A person that is statutorily prohibited from obtaining a	39861
license to collect and remit motor fuel taxes in a specified state	39862
of destination, and is licensed to sell or distribute tax-paid	39863
motor fuel in the specified state of destination.	39864

(EE) "Report" means a report or return required to be filed	39865
under this chapter and may be used interchangeably with, and for	39866
all purposes has the same meaning as, "return."	39867

Sec. 5735.026. (A) The tax commissioner, for the purposes of	39868
administering this chapter, shall issue ~~two classes of export~~	39869
~~licenses: "exporter type A" licenses and "exporter type B"~~	39870
~~licenses. To qualify for an exporter type A license, a person must~~	39871
~~demonstrate to the tax commissioner's satisfaction that the person~~	39872
~~is licensed to collect and remit motor fuel taxes in the specified~~	39873
~~state of destination. To qualify for~~ an exporter ~~type B~~ license,	39874
to a person ~~must demonstrate~~that receives motor fuel in this	39875
state and exports that fuel out of this state and that	39876
demonstrates to the tax commissioner's satisfaction that the	39877
person is ~~statutorily prohibited from obtaining a license to~~	39878
~~collect and remit motor fuel taxes in the specified state of~~	39879
~~destination, and that the person is licensed to sell or distribute~~	39880
~~tax-paid motor fuel in the specified state of destination~~an	39881
exporter.	39882

(B) To obtain an ~~exporter's~~exporter license ~~of either class~~,	39883
a person shall file, under oath, an application with the	39884
commissioner in such form as the commissioner prescribes. An	39885
application for a license shall be accompanied by a bond of the	39886
character and in the amount described in section 5735.03 of the	39887
Revised Code. The application shall set forth the following	39888
information:	39889

(1) The name under which the exporter will transact business	39890
within the state;	39891

(2) The location, including street number address, of the	39892
exporter's principal office or place of business;	39893

(3) The name and address of the owner, or the names and	39894
addresses of the partners if such exporter is a partnership, or	39895
the names and addresses of the principal officers if the exporter	39896
is a corporation or an association;	39897

(4) A certified copy of the certificate or license issued by	39898
the Secretary of State showing that the corporation is authorized	39899
to transact business in this state if the exporter is a	39900
corporation organized under the laws of another state, territory,	39901
or country;	39902

(5) For an exporter ~~type A license~~described in division	39903
(DD)(1) of section 5735.01 of the Revised Code, a copy of the	39904
applicant's license or certificate to collect and remit motor fuel	39905
taxes or sell or distribute motor fuel in the specified	39906
destination state or states for which the license or certificate	39907
is to be issued;	39908

(6) Any other information the commissioner may require.

39909

(C)(1) After a hearing as provided in division (C)(2) of this	39910
section, the ~~tax~~ commissioner may refuse to issue a license to	39911
transact business as an exporter of motor fuel in the following	39912
circumstances:	39913

(a) The applicant has previously had a license issued under	39914
this chapter canceled for cause by the ~~tax~~ commissioner;	39915

(b) The ~~tax~~ commissioner believes that an application is not	39916
filed in good faith;	39917

(c) The applicant has previously violated any provision of	39918
this chapter;	39919

(d) The application is filed as a subterfuge by the applicant	39920
for the real person in interest who has previously had a license	39921
issued under this chapter canceled for cause by the ~~tax~~	39922
commissioner or who has violated any provision of this chapter.	39923

(2) The ~~tax~~ commissioner shall conduct a hearing before	39924
refusing to issue a license to transact business as an exporter in	39925
any of the circumstances described in division (C)(1) of this	39926
section. The applicant shall be given five days' notice, in	39927
writing, of the hearing. The applicant may appear in person or be	39928
represented by counsel, and may present testimony at the hearing.	39929

(D) When an application in proper form has been accepted for	39930
filing, the commissioner shall issue to such exporter a license to	39931
transact business as an exporter of motor fuel in this state,	39932
subject to cancellation of such license as provided by law.	39933

(E) No person shall make a false or fraudulent statement on	39934
the application required by this section.	39935

Sec. 5735.03. Except as provided in division (C)(2) of	39936
section 5735.02 of the Revised Code, every motor fuel dealer shall	39937
file with the tax commissioner a surety bond of not less than five	39938
thousand dollars, but may be required by the tax commissioner to	39939
submit a surety bond equal to three months' average tax	39940
liability,. Each exporter shall file with the commissioner a	39941
surety bond in an amount equal to the greater of five thousand	39942
dollars or the average number of gallons exported from this state	39943
as reported on three months' of exporter returns filed under	39944
section 5735.064 of the Revised Code, multiplied by the combined	39945
rate of the taxes levied under this chapter.	39946

A surety bond required under this section shall be filed on a	39947
form approved by and with a surety satisfactory to the	39948
commissioner, upon which the motor fuel dealer or exporter shall	39949
be the principal obligor and the state shall be the obligee,	39950
conditioned upon the prompt filing of true reports and the payment	39951
by the motor fuel dealer, or the exporter as may be required, to	39952
the treasurer of state of all motor fuel excise taxes levied by	39953
the state, provided that after notice is received from the state	39954
by the surety of the delinquency of any taxes, if the surety pays	39955
the taxes within thirty days after the receipt of the notice, no	39956
penalties or interest shall be charged against the surety. If the	39957
surety does not pay the taxes within thirty days, but does pay	39958
within ninety days from the date of the receipt of notice from the	39959
state by the surety, no penalty shall be assessed against the	39960
surety but the surety shall pay interest at the rate of six per	39961
cent per annum on the unpaid taxes from the date the taxes are due	39962
and payable. If the surety does not pay within ninety days, then	39963
the surety shall be liable for interest and penalties, and the ~~tax~~	39964
commissioner may cancel all bonds issued by the surety.	39965

The commissioner may increase or reduce the amount of the	39966
bond required to be filed by any licensed motor fuel dealer or	39967
licensed exporter. If the commissioner finds that it is necessary	39968
to increase the bond ~~to assure payment of the tax~~, the bond may	39969
be increased to an amount equal to three months/average liability	39970
or fifty thousand dollars, whichever is greater.	39971

If liability upon the bond thus filed by the motor fuel	39972
dealer or exporter with the commissioner is discharged or reduced,	39973
whether by judgment rendered, payment made, or otherwise, or if,	39974
in the opinion of the commissioner any surety on the bond	39975
theretofore given has become unsatisfactory or unacceptable, the	39976
commissioner may require the motor fuel dealer or exporter to file	39977
a new bond with satisfactory sureties in the same amount, and if a	39978
new bond is not filed the commissioner shall forthwith cancel the	39979
license of the motor fuel dealer or exporter. If a new bond is	39980
furnished by the motor fuel dealer or exporter, the commissioner	39981
shall cancel and surrender the bond of the motor fuel dealer or	39982
exporter for which the new bond is substituted.	39983

A surety on a bond furnished by a motor fuel dealer or	39984
exporter shall be released from all liability to the state	39985
accruing on the bond after the expiration of sixty days from the	39986
date upon which the surety lodges with the commissioner a written	39987
request to be released. The request shall not operate to release	39988
the surety from any liability already accrued, or which accrues	39989
before the expiration of the sixty-day period. The commissioner	39990
shall promptly on receipt of notice of the request notify the	39991
motor fuel dealer or exporter who furnished the bond and, unless	39992
the motor fuel dealer or exporter, on or before the expiration of	39993
the sixty-day period, files with the commissioner a new bond with	39994
a surety satisfactory to the commissioner in the amount and form	39995
provided in this section, the commissioner shall forthwith cancel	39996
the license of the motor fuel dealer or exporter. If the new bond	39997
is furnished by ~~said~~the motor fuel dealer or exporter, the	39998
commissioner shall cancel and surrender the bond of the motor fuel	39999
dealer or exporter for which the new bond is substituted.	40000

The commissioner, in lieu of any surety bond required by this	40001
section, may accept a deposit by a motor fuel dealer or exporter	40002
of cash. Any cash thus accepted shall be deposited with the	40003
treasurer of state to be held by the treasurer of state, in the	40004
same manner as other cash required to be deposited with the	40005
treasurer of state under the laws of the state, for the account of	40006
such motor fuel dealer or exporter and subject to any lawful	40007
claim of the state for any excise tax upon motor fuel, and	40008
penalties and interest thereon levied by the laws of this state.	40009
The state shall have a lien upon cash thus deposited for the	40010
amount of any motor fuel excise taxes and penalty and interest due	40011
to the state from the motor fuel dealer or exporter in whose	40012
behalf they were deposited. The amount of cash to be thus accepted	40013
shall in all respects be determined in the same manner as provided	40014
in this section for the amount of surety bonds. Any cash deposited	40015
shall be subject to levy upon execution to satisfy any judgment	40016
secured in any action by the state to recover any motor fuel	40017
excise taxes, and penalties and interest found to be due to the	40018
state from such motor fuel dealer or exporter. The cash shall be	40019
released by the treasurer of state upon certificate of the	40020
commissioner that the license of the motor fuel dealer or exporter	40021
in whose behalf they have been deposited has been canceled or that	40022
other security has been accepted in lieu thereof, and that the	40023
state asserts no claim thereto.	40024

Sec. 5735.06. (A) On or before the ~~last~~twenty-third day of	40025
each month, each motor fuel dealer shall file with the tax	40026
commissioner a report for the preceding calendar month, on forms	40027
prescribed by or in a form acceptable to the tax commissioner. The	40028
report shall include the following information:	40029

(1) An itemized statement of the number of gallons of all	40030
motor fuel received during the preceding calendar month by such	40031
motor fuel dealer, which has been produced, refined, prepared,	40032
distilled, manufactured, blended, or compounded by such motor fuel	40033
dealer in the state;	40034

(2) An itemized statement of the number of gallons of all	40035
motor fuel received by such motor fuel dealer in the state from	40036
any source during the preceding calendar month, other than motor	40037
fuel included in division (A)(1) of this section, together with a	40038
statement showing the date of receipt of such motor fuel; the name	40039
of the person from whom purchased or received; the date of receipt	40040
of each shipment of motor fuel; the point of origin and the point	40041
of destination of each shipment; the quantity of each of said	40042
purchases or shipments; the name of the carrier; the number of	40043
gallons contained in each car if shipped by rail; the point of	40044
origin, destination, and shipper if shipped by pipe line; or the	40045
name and owner of the boat, barge, or vessel if shipped by water;	40046

(3) An itemized statement of the number of gallons of motor	40047
fuel which such motor fuel dealer has during the preceding	40048
calendar month:	40049

(a) For motor fuel other than gasoline sold for use other	40050
than for operating motor vehicles on the public highways or on	40051
waters within the boundaries of this state;	40052

(b) Exported from this state to any other state or foreign	40053
country as provided in division (A)(4) of section 5735.05 of the	40054
Revised Code;	40055

(c) Sold to the United States government or any of its	40056
agencies;	40057

(d) Sold for delivery to motor fuel dealers;

40058

(e) Sold exclusively for use in the operation of aircraft;.

40059

(4) Such other information incidental to the enforcement of	40060
the motor fuel laws of the state as the commissioner requires.	40061

(B) The report shall show the tax due, computed as follows:

40062

(1) The following deductions shall be made from the total	40063
number of gallons of motor fuel received by the motor fuel dealer	40064
within the state during the preceding calendar month:	40065

(a) The total number of gallons of motor fuel received by the	40066
motor fuel dealer within the state and sold or otherwise disposed	40067
of during the preceding calendar month as set forth in section	40068
5735.05 of the Revised Code;	40069

(b) The total number of gallons received during the preceding	40070
calendar month and sold or otherwise disposed of to another	40071
licensed motor fuel dealer pursuant to section 5735.05 of the	40072
Revised Code;	40073

(c) To cover the costs of the motor fuel dealer in compiling	40074
the report, and evaporation, shrinkage, or other unaccounted-for	40075
losses:	40076

(i) If the report is timely filed and the tax is timely paid,	40077
three per cent of the total number of gallons of motor fuel	40078
received by the motor fuel dealer within the state during the	40079
preceding calendar month less the total number of gallons deducted	40080
under divisions (B)(1)(a) and (b) of this section, less one per	40081
cent of the total number of gallons of motor fuel that were sold	40082
to a retail dealer during the preceding calendar month;	40083

(ii) If the report required by division (A) of this section	40084
is not timely filed and the tax is not timely paid, no deduction	40085
shall be allowed;	40086

(iii) If the report is incomplete, no deduction shall be	40087
allowed for any fuel on which the tax is not timely reported and	40088
paid;.	40089

(2) The number of gallons remaining after the deductions have	40090
been made shall be multiplied separately by each of the following	40091
amounts:	40092

(a) The cents per gallon rate;

40093

(b) Two cents.

40094

The sum of the products obtained in divisions (B)(2)(a) and	40095
(b) of this section shall be the amount of motor fuel tax for the	40096
preceding calendar month.	40097

(C) The report shall be filed together with payment of the	40098
tax shown on the report to be due, unless the motor fuel dealer is	40099
required by section 5735.062 of the Revised Code to pay the tax by	40100
electronic funds transfer, in which case the dealer shall file the	40101
report pursuant to this section and pay the tax pursuant to	40102
section 5735.062 of the Revised Code. The commissioner may extend	40103
the time for filing reports and may remit all or part of penalties	40104
which may become due under sections 5735.01 to 5735.99 of the	40105
Revised Code. For purposes of this section and sections 5735.062	40106
and 5735.12 of the Revised Code, a report required to be filed	40107
under this section is considered filed when it is received by the	40108
tax commissioner, and remittance of the tax due is considered to	40109
be made when the remittance is received by the tax commissioner or	40110
when credited to an account designated by the treasurer of state	40111
and the tax commissioner for the receipt of tax remittances. The	40112
tax commissioner shall immediately forward to the treasurer of	40113
state all amounts received under this section.	40114

(D) The tax commissioner may require a motor fuel dealer to	40115
file a report for a period other than one month. Such a report,	40116
together with payment of the tax, shall be filed not later than	40117
thirty days after the last day of the prescribed reporting period.	40118

(E) No person required by this section to file a tax report	40119
shall file a false or fraudulent tax report or supporting	40120
schedule.	40121

Sec. 5735.062. (A) If the ~~total amount of~~ tax ~~required to be~~	40122
~~paid under section 5735.06 of the Revised Code for any calendar~~	40123
~~year indicated in the following schedule exceeds the amounts~~	40124
~~prescribed for that year in the schedule~~commissioner so requires,	40125
the dealer shall remit each monthly tax payment ~~in the second~~	40126
~~ensuing and each succeeding year by electronic funds transfer~~	40127
electronically as prescribed by division (B) of this section.	40128

~~Year 1992~~         ~~1993 and thereafter Total tax payment $1,200,000~~         ~~$600,000~~	40129

~~If a dealer's total tax payment for each of two consecutive~~	40130
~~years beginning with 1993 is six hundred thousand dollars or less,~~	40131
~~the dealer is relieved of the requirement to remit taxes by~~	40132
~~electronic funds transfer for the year that next follows the~~	40133
~~second of the consecutive years in which the total tax payment is~~	40134
~~six hundred thousand dollars or less, and is relieved of that~~	40135
~~requirement for each succeeding year unless the total tax payment~~	40136
~~in a subsequent year exceeds six hundred thousand dollars.~~	40137

The ~~tax~~ commissioner shall notify each dealer required to	40138
remit taxes ~~by electronic funds transfer~~electronically of the	40139
dealer's obligation to do so~~, shall maintain an updated list of~~	40140
~~those dealers, and shall timely certify the list and any additions~~	40141
~~thereto or deletions therefrom to the treasurer of state~~. Failure	40142
by the ~~tax~~ commissioner to notify a dealer subject to this section	40143
to remit taxes ~~by electronic funds transfer~~electronically does	40144
not relieve the dealer of its obligation to remit taxes by	40145
~~electronic funds transfer~~electronically.	40146

(B) Dealers required by division (A) of this section to remit	40147
payments ~~by electronic funds transfer~~electronically shall remit	40148
such payments to the treasurer of state in the manner prescribed	40149
by rules adopted by the treasurer under section 113.061 of the	40150
Revised Code ~~and~~or through the department of taxation's web site.	40151
Required payments shall be remitted on or before the dates	40152
specified under section 5735.06 of the Revised Code. The payment	40153
of taxes ~~by electronic funds transfer~~electronically does not	40154
affect a dealer's obligation to file the monthly ~~report~~return as	40155
required under section 5735.06 of the Revised Code.	40156

A dealer required by this section to remit taxes by	40157
~~electronic funds transfer~~electronically may apply to the	40158
~~treasurer of state in the manner prescribed by the treasurer~~	40159
commissioner to be excused from that requirement. The ~~treasurer of~~	40160
~~state~~commissioner may excuse the dealer from the electronic	40161
remittance ~~by electronic funds transfer~~requirement for good cause	40162
shown for the period of time requested by the dealer or for a	40163
portion of that period. ~~The treasurer shall notify the tax~~	40164
~~commissioner and the dealer of the treasurer's decision as soon as~~	40165
~~is practicable.~~	40166

(C) If a dealer required by this section to remit taxes by	40167
~~electronic funds transfer remits those taxes by some means other~~	40168
~~than by electronic funds transfer as prescribed by this section~~	40169
~~and the rules adopted by the treasurer of state, and the treasurer~~	40170
~~determines that such failure was not due to reasonable cause or~~	40171
~~was due to willful neglect, the treasurer shall notify the tax~~	40172
~~commissioner of the failure to remit by electronic funds transfer~~	40173
~~and shall provide the commissioner with any information used in~~	40174
~~making that determination. The tax~~electronically fails to do so,	40175
the commissioner may ~~collect an additional charge by assessment in~~	40176
~~the manner prescribed by section 5735.12 of the Revised Code. The~~	40177
~~additional charge shall equal five per cent of the amount of the~~	40178
~~taxes required to be paid by electronic funds transfer, but shall~~	40179
~~not exceed five thousand dollars. Any additional charge assessed~~	40180
~~under this section is in addition to any other penalty or charge~~	40181
~~imposed under this chapter, and shall be considered as revenue~~	40182
~~arising from taxes imposed under this chapter. The tax~~	40183
~~commissioner may remit all or a portion of such a charge and may~~	40184
~~adopt rules governing such remission.~~	40185

~~No additional charge shall be assessed under this division~~	40186
~~against a dealer that has been notified of its obligation to remit~~	40187
~~taxes under this section and that remits its first two tax~~	40188
~~payments after such notification by some means other than~~	40189
~~electronic funds transfer. The additional charge may be assessed~~	40190
~~upon the remittance of any subsequent tax payment that the dealer~~	40191
~~remits by some means other than electronic funds transfer~~impose a	40192
penalty on the dealer not to exceed one of the following:	40193

(1) For the first return period the dealer fails to remit	40194
taxes electronically, the greater of twenty-five dollars or five	40195
per cent of the amount of the payment required to be remitted;	40196

(2) For the second or any subsequent return period the dealer	40197
fails to remit taxes electronically, the greater of fifty dollars	40198
or ten per cent of the amount of the payment required to be	40199
remitted.	40200

The penalty imposed under division (C) of this section is in	40201
addition to any other penalty imposed under this chapter and shall	40202
be considered as revenue arising from the taxes imposed under this	40203
chapter. A penalty may be collected by assessment in the manner	40204
prescribed by section 5735.12 of the Revised Code. The	40205
commissioner may abate all or a portion of a penalty.	40206

(D) The commissioner may adopt rules necessary to administer	40207
this section.	40208

Sec. 5735.07. Each month the tax commissioner shall make a	40209
list of all motor fuel dealers that have filed a report pursuant	40210
to section 5735.06 of the Revised Code. The list shall contain the	40211
names and addresses of all dealers ~~and~~, the number of gallons of	40212
motor fuel upon which those dealers were required to pay the tax	40213
as reported on the return or as determined by investigation of the	40214
commissioner, and each dealer's federal identification number or	40215
other motor fuel tax account number. The list shall be open to	40216
public inspection in the office of the commissioner or posted on	40217
the department of taxation's web site.	40218

Sec. 5735.09. (A) Every ~~railroad company, every street,~~	40219
~~suburban, or interurban railroad company, every pipe line company,~~	40220
~~and every water transportation company, which transports motor~~	40221
~~fuel, either in interstate or in intrastate commerce, to points~~	40222
~~within this state, and every person who transports motor fuel by~~	40223
~~any manner to a point in this state,~~transporter shall ~~report all~~	40224
~~deliveries of motor fuel made to points within this state to~~	40225
register with the tax commissioner on ~~forms~~a form prescribed by	40226
the ~~tax~~ commissioner.	40227

Each transporter shall report all deliveries of motor fuel	40228
made to points in this state to the commissioner on forms	40229
prescribed by the commissioner. Such reports shall cover monthly	40230
periods, shall be submitted within thirty days after the close of	40231
the month covered by the report, shall show the name and address	40232
of the person to whom the deliveries of motor fuel were actually	40233
made, the name and address of the person that assumes ownership of	40234
the motor fuel, the point of origin, the point of delivery, the	40235
date of delivery, and the number and initials of each car if	40236
shipped by rail, the quantity of each shipment and delivery in	40237
gallons, the date delivered, the name of the person to whom	40238
delivered, the point of shipment, the point of delivery, the name	40239
of the boat or barge if delivered by water, and if delivered by	40240
other means, the manner in which such delivery is made.	40241

(B) No person required by this section to file a report shall	40242
file a false or fraudulent report or supporting schedule.	40243

Sec. 5735.12. (A) Any ~~motor fuel dealer~~person required by	40244
this chapter to file reports ~~and~~or pay the tax levied by this	40245
chapter who fails to ~~file the report~~do so within the time	40246
prescribed, may be liable for an additional charge not exceeding	40247
the greater of ten per cent of the ~~motor fuel dealer's~~person's	40248
tax liability for that month or fifty dollars. The tax	40249
commissioner may remit all or a portion of the additional charge	40250
and may adopt rules relating to the remission of all or a portion	40251
of the charge.	40252

If any person required by this chapter to file reports ~~and~~or	40253
pay the taxes, interest, or additional charge levied by this	40254
chapter fails to file the report, files an incomplete or incorrect	40255
report, or fails to remit the full amount of the tax, interest, or	40256
additional charge due for the period covered by the report, the	40257
commissioner may make an assessment against the person based upon	40258
any information in the commissioner's possession.	40259

No assessment shall be made against any motor fuel dealer for	40260
taxes imposed by this chapter more than four years after the date	40261
on which the report on which the assessment was based was due or	40262
was filed, whichever is later. This section does not bar an	40263
assessment against any motor fuel dealer who fails to file a	40264
report required by section 5735.06 of the Revised Code, or who	40265
files a fraudulent motor fuel tax report.	40266

A penalty of up to fifteen per cent may be added to the	40267
amount of every assessment made under this section. The	40268
commissioner may adopt rules providing for the imposition and	40269
remission of penalties added to assessments made under this	40270
section.	40271

The commissioner shall give the party assessed written notice	40272
of the assessment in the manner provided in section 5703.37 of the	40273
Revised Code. With the notice, the commissioner shall provide	40274
instructions on how to petition for reassessment and request a	40275
hearing on the petition.	40276

(B) Unless the party assessed files with the tax commissioner	40277
within sixty days after service of the notice of assessment,	40278
either personally or by certified mail, a written petition for	40279
reassessment in writing, signed by the party assessed or that	40280
party's authorized agent having knowledge of the facts, the	40281
assessment becomes final and the amount of the assessment is due	40282
and payable from the party assessed to the treasurer of state. The	40283
petition shall indicate the objections of the party assessed, but	40284
additional objections may be raised in writing if received by the	40285
commissioner prior to the date shown on the final determination.	40286
If the petition has been properly filed, the commissioner shall	40287
proceed under section 5703.60 of the Revised Code.	40288

(C) After an assessment becomes final, if any portion of the	40289
assessment remains unpaid, including accrued interest, a certified	40290
copy of the tax commissioner's entry making the assessment final	40291
may be filed in the office of the clerk of the court of common	40292
pleas in the county in which the party assessed resides or in	40293
which the business of the party assessed is conducted. If the	40294
party assessed maintains no place of business in this state and is	40295
not a resident of this state, the certified copy of the entry may	40296
be filed in the office of the clerk of the court of common pleas	40297
of Franklin county.	40298

Immediately upon the filing of the entry, the clerk shall	40299
enter a judgment for the state against the party assessed in the	40300
amount shown on the entry. The judgment may be filed by the clerk	40301
in a loose-leaf book entitled "special judgments for state motor	40302
fuel tax," and shall have the same effect as other judgments.	40303
Execution shall issue upon the judgment upon the request of the	40304
tax commissioner, and all laws applicable to sales on execution	40305
shall apply to sales made under the judgment.	40306

If the assessment is not paid in its entirety within sixty	40307
days after the day the assessment was issued, the portion of the	40308
assessment consisting of tax due shall bear interest at the rate	40309
per annum prescribed by section 5703.47 of the Revised Code from	40310
the day the commissioner issues the assessment until it is paid or	40311
until it is certified to the attorney general for collection under	40312
section 131.02 of the Revised Code, whichever comes first. If the	40313
unpaid portion of the assessment is certified to the attorney	40314
general for collection, the entire unpaid portion of the	40315
assessment shall bear interest at the rate per annum prescribed by	40316
section 5703.47 of the Revised Code from the date of certification	40317
until the date it is paid in its entirety. Interest shall be paid	40318
in the same manner as the tax and may be collected by the issuance	40319
of an assessment under this section.	40320

(D) All money collected by the tax commissioner under this	40321
section shall be paid to the treasurer of state, and when paid	40322
shall be considered as revenue arising from the tax imposed by	40323
this chapter.	40324

(E) If the tax commissioner determines that the commissioner	40325
has erroneously refunded motor fuel tax to any person, the	40326
commissioner may make an assessment against the person for	40327
recovery of the erroneously refunded tax.	40328

Sec. 5735.141. Any retail dealer of motor fuel shall receive	40329
a refund for Ohio motor fuel taxes paid on fuel lost by a retail	40330
dealer through shrinkage and evaporation. This refund shall be one	40331
per cent of the Ohio motor fuel taxes paid on fuel purchased	40332
during any semiannual period ending the thirtieth day of June or	40333
the thirty-first day of December.	40334

In order to receive a refund, the retail dealer shall file	40335
with the tax commissioner, within one hundred twenty days after	40336
the thirtieth day of June and the thirty-first day of December of	40337
each year, an application for a refund stating the quantity of	40338
motor fuel that was purchased for resale by the applicant during	40339
the preceding semiannual period ending the thirtieth day of June	40340
or the thirty-first day of December and upon which the motor fuel	40341
tax has been paid. No person shall file a claim for the tax on	40342
fewer than one hundred gallons of motor fuel. The form and	40343
contents of the application shall be prescribed by the	40344
commissioner, and the application shall be signed in accordance	40345
with section 5703.25 of the Revised Code. On the filing of the	40346
application, the commissioner shall determine the amount of refund	40347
to which the applicant is entitled. If the amount is not less than	40348
that claimed, the commissioner shall certify the amount to the	40349
director of budget and management and treasurer of state for	40350
payment from the tax refund fund created by section 5703.052 of	40351
the Revised Code. If the amount is less than that claimed, the	40352
commissioner shall proceed in accordance with section 5703.70 of	40353
the Revised Code.	40354

No refund shall be authorized or ordered under this section	40355
for any single claim for the tax on fewer than one hundred gallons	40356
of motor fuel.	40357

The refund authorized by this section or section 5703.70 of	40358
the Revised Code shall be reduced by the cents per gallon amount	40359
of any qualified fuel credit received under section 5735.145 of	40360
the Revised Code, as determined by the commissioner, for each	40361
gallon of qualified fuel included in the total gallonage of motor	40362
fuel upon which the refund is computed.	40363

The right to receive any refund under this section or section	40364
5703.70 of the Revised Code is not assignable. The payment of the	40365
refund shall not be made to any person other than the retail	40366
dealer originally entitled thereto, except that the refund may be	40367
paid to the executor, administrator, receiver, trustee in	40368
bankruptcy, or assignee in insolvency proceedings of such	40369
retailer.	40370

A motor fuel dealer shall be deemed to be a retail dealer	40371
when acting in a retail capacity.	40372

For the purpose of administering this section, the	40373
commissioner may provide a retail dealer with information related	40374
to a wholesale dealer, including the wholesale dealer's federal	40375
identification number or other motor fuel tax account number.	40376

Sec. 5735.23. (A) Out of receipts from the tax levied by	40377
section 5735.05 of the Revised Code, the treasurer of state shall	40378
place to the credit of the tax refund fund established by section	40379
5703.052 of the Revised Code amounts equal to the refunds	40380
certified by the tax commissioner pursuant to sections 5735.13,	40381
5735.14, 5735.141, and 5735.142~~, and 5735.16~~ of the Revised Code.	40382
The treasurer of state shall then transfer the amount required by	40383
section 5735.051 of the Revised Code to the waterways safety fund,	40384
the amount required by section 4907.472 of the Revised Code to the	40385
grade crossing protection fund, and the amount required by section	40386
5735.053 of the Revised Code to the motor fuel tax administration	40387
fund.	40388

(B) Except as provided in division (D) of this section, each	40389
month the balance of the receipts from the tax levied by section	40390
5735.05 of the Revised Code shall be credited, after receipt by	40391
the treasurer of state of certification from the commissioners of	40392
the sinking fund, as required by section 5528.35 of the Revised	40393
Code, that there are sufficient moneys to the credit of the	40394
highway obligations bond retirement fund to meet in full all	40395
payments of interest, principal, and charges for the retirement of	40396
highway obligations issued pursuant to Section 2i of Article VIII,	40397
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	40398
Code due and payable during the current calendar year, as follows:	40399

(1) To the state and local government highway distribution	40400
fund, which is hereby created in the state treasury, an amount	40401
that is the same percentage of the balance to be credited as that	40402
portion of the tax per gallon determined under division (B)(2)(a)	40403
of section 5735.06 of the Revised Code is of the total tax per	40404
gallon determined under divisions (B)(2)(a) and (b) of that	40405
section.	40406

(2) After making the distribution to the state and local	40407
government highway distribution fund, the remainder shall be	40408
credited as follows:	40409

(a) Thirty per cent to the gasoline excise tax fund for	40410
distribution pursuant to division (A)(1) of section 5735.27 of the	40411
Revised Code;	40412

(b) Twenty-five per cent to the gasoline excise tax fund for	40413
distribution pursuant to division (A)(3) of section 5735.27 of the	40414
Revised Code;	40415

(c) Except as provided in division (D) of this section,	40416
forty-five per cent to the highway operating fund for distribution	40417
pursuant to division (B)(1) of section 5735.27 of the Revised	40418
Code.	40419

(C) From the balance in the state and local government	40420
highway distribution fund on the last day of each month there	40421
shall be paid the following amounts:	40422

(1) To the local transportation improvement program fund	40423
created by section 164.14 of the Revised Code, an amount equal to	40424
a fraction of the balance in the state and local government	40425
highway distribution fund, the numerator of which fraction is one	40426
and the denominator of which fraction is that portion of the tax	40427
per gallon determined under division (B)(2)(a) of section 5735.06	40428
of the Revised Code;	40429

(2) An amount equal to five cents multiplied by the number of	40430
gallons of motor fuel sold at stations operated by the Ohio	40431
turnpike and infrastructure commission, such gallonage to be	40432
certified by the commission to the treasurer of state not later	40433
than the last day of the month following. The funds paid to the	40434
commission pursuant to this section shall be expended for the	40435
construction, reconstruction, maintenance, and repair of turnpike	40436
projects, except that the funds may not be expended for the	40437
construction of new interchanges. The funds also may be expended	40438
for the construction, reconstruction, maintenance, and repair of	40439
those portions of connecting public roads that serve existing	40440
interchanges and are determined by the commission and the director	40441
of transportation to be necessary for the safe merging of traffic	40442
between the turnpike and those public roads.	40443

The remainder of the balance shall be distributed as follows	40444
on the fifteenth day of the following month:	40445

(a) Ten and seven-tenths per cent shall be paid to municipal	40446
corporations for distribution pursuant to division (A)(1) of	40447
section 5735.27 of the Revised Code and may be used for any	40448
purpose for which payments received under that division may be	40449
used. Through July 15, 2005, the sum of two hundred forty-eight	40450
thousand six hundred twenty-five dollars shall be monthly	40451
subtracted from the amount so computed and credited to the highway	40452
operating fund. Beginning August 15, 2005, the sum of seven	40453
hundred forty-five thousand eight hundred seventy-five dollars	40454
shall be monthly subtracted from the amount so computed and	40455
credited to the highway operating fund.	40456

(b) Five per cent shall be paid to townships for distribution	40457
pursuant to division (A)(5) of section 5735.27 of the Revised Code	40458
and may be used for any purpose for which payments received under	40459
that division may be used. Through July 15, 2005, the sum of	40460
eighty-seven thousand seven hundred fifty dollars shall be monthly	40461
subtracted from the amount so computed and credited to the highway	40462
operating fund. Beginning August 15, 2005, the sum of two hundred	40463
sixty-three thousand two hundred fifty dollars shall be monthly	40464
subtracted from the amount so computed and credited to the highway	40465
operating fund.	40466

(c) Nine and three-tenths per cent shall be paid to counties	40467
for distribution pursuant to division (A)(3) of section 5735.27 of	40468
the Revised Code and may be used for any purpose for which	40469
payments received under that division may be used. Through July	40470
15, 2005, the sum of two hundred forty-eight thousand six hundred	40471
twenty-five dollars shall be monthly subtracted from the amount so	40472
computed and credited to the highway operating fund. Beginning	40473
August 15, 2005, the sum of seven hundred forty-five thousand	40474
eight hundred seventy-five dollars shall be monthly subtracted	40475
from the amount so computed and credited to the highway operating	40476
fund.	40477

(d) Except as provided in division (D) of this section, the	40478
balance shall be transferred to the highway operating fund and	40479
used for the purposes set forth in division (B)(1) of section	40480
5735.27 of the Revised Code.	40481

(D) Monthly from September to February of each fiscal year,	40482
an amount equal to one-sixth of the amount certified in July of	40483
that year by the treasurer of state pursuant to division (Q) of	40484
section 151.01 of the Revised Code shall, from amounts required to	40485
be credited or transferred to the highway operating fund pursuant	40486
to division (B)(2)(c) or (C)(2)(d) of this section, be credited or	40487
transferred to the highway capital improvement bond service fund	40488
created in section 151.06 of the Revised Code. If, in any of those	40489
months, the amount available to be credited or transferred to the	40490
bond service fund is less than one-sixth of the amount so	40491
certified, the shortfall shall be added to the amount due the next	40492
succeeding month. Any amount still due at the end of the six-month	40493
period shall be credited or transferred as the money becomes	40494
available, until such time as the office of budget and management	40495
receives certification from the treasurer of state or the	40496
treasurer of state's designee that sufficient money has been	40497
credited or transferred to the bond service fund to meet in full	40498
all payments of debt service and financing costs due during the	40499
fiscal year from that fund.	40500

Sec. 5736.06. (A) No person subject to the tax imposed by	40501
section 5736.02 of the Revised Code shall distribute, import, or	40502
cause the importation of motor fuel for consumption in this state	40503
without holding a supplier's license issued by the tax	40504
commissioner to engage in such activities.	40505

(B)(1) A person subject to the tax imposed by section 5736.02	40506
of the Revised Code shall, on or before March 1, 2014, or within	40507
thirty days of first becoming subject to the tax imposed by this	40508
chapter, whichever is earlier, apply to the tax commissioner for a	40509
supplier's license on the form prescribed by the commissioner.	40510

(2) Each person issued a supplier's license under division	40511
(B)(1) of this section shall apply to renew the license on or	40512
before the first day of March of each year.	40513

(3) With each license application submitted under division	40514
(B)(1) or (2) of this section, the applicant shall pay an	40515
application fee equal to one of the following amounts:	40516

(a) If the applicant solely imports or causes the importation	40517
of motor fuel for sale, exchange, or transfer by the person in	40518
this state, three hundred dollars;	40519

(b) If the applicant engages in activities in addition to	40520
those described in division (B)(3)(a) of this section, one	40521
thousand dollars.	40522

If an applicant timely submits an application under division	40523
(B)(1) of this section on or after the first day of September of	40524
any year, the fee that would apply to the applicant under division	40525
(B)(3)(a) or (b) of this section shall be reduced by one-half.	40526

(4) The failure to apply to the commissioner for a supplier's	40527
license does not relieve a person from the requirement to file	40528
returns and pay the tax imposed by this chapter.	40529

(C) The tax commissioner may refuse to issue a license to any	40530
applicant under this section in the following circumstances:	40531

(1) The applicant has previously had any license canceled for	40532
cause by the commissioner.	40533

(2) The commissioner believes that the application is not	40534
filed in good faith or is filed as a subterfuge in an attempt to	40535
procure a license for another person.	40536

(3) The applicant has violated any provision of this chapter.

40537

(D) If the tax commissioner refuses to issue a license to an	40538
applicant under this section, the applicant is entitled to a	40539
refund of the application fee in accordance with section 5736.08	40540
of the Revised Code. All application fees collected under this	40541
section shall be deposited into the ~~motor fuel receipts~~petroleum	40542
activity tax administration fund created in section 5736.13 of the	40543
Revised Code.	40544

(E) No person shall make a false or fraudulent statement on	40545
an application required by this section.	40546

Sec. 5736.09. (A) The tax commissioner may make an	40547
assessment, based on any information in the commissioner's	40548
possession, against any person that fails to file a return or pay	40549
any tax as required by this chapter. The commissioner shall give	40550
the person assessed written notice of the assessment as provided	40551
in section 5703.37 of the Revised Code. With the notice, the	40552
commissioner shall provide instructions on the manner in which to	40553
petition for reassessment and request a hearing with respect to	40554
the petition.	40555

(B) Unless the person assessed, within sixty days after	40556
service of the notice of assessment, files with the commissioner,	40557
either personally or by certified mail, a written petition signed	40558
by the person or the person's authorized agent having knowledge of	40559
the facts, the assessment becomes final, and the amount of the	40560
assessment is due and payable from the person assessed to the	40561
treasurer of state. The petition shall indicate the objections of	40562
the person assessed, but additional objections may be raised in	40563
writing if received by the commissioner prior to the date shown on	40564
the final determination.	40565

If a petition for reassessment has been properly filed, the	40566
commissioner shall proceed under section 5703.60 of the Revised	40567
Code.	40568

(C)(1) After an assessment becomes final, if any portion of	40569
the assessment, including accrued interest, remains unpaid, a	40570
certified copy of the commissioner's entry making the assessment	40571
final may be filed in the office of the clerk of the court of	40572
common pleas in the county in which the person resides or has its	40573
principal place of business in this state, or in the office of the	40574
clerk of court of common pleas of Franklin county.	40575

(2) Immediately upon the filing of the entry, the clerk shall	40576
enter judgment for the state against the person assessed in the	40577
amount shown on the entry. The judgment may be filed by the clerk	40578
in a loose-leaf book entitled, "special judgments for the ~~motor~~	40579
~~fuel receipts~~petroleum activity tax" and shall have the same	40580
effect as other judgments. Execution shall issue upon the judgment	40581
at the request of the commissioner, and all laws applicable to	40582
sales on execution shall apply to sales made under the judgment.	40583

(3) If the assessment is not paid in its entirety within	40584
sixty days after the day the assessment was issued, the portion of	40585
the assessment consisting of tax due shall bear interest at the	40586
rate per annum prescribed by section 5703.47 of the Revised Code	40587
from the day the commissioner issues the assessment until it is	40588
paid or until it is certified to the attorney general for	40589
collection under section 131.02 of the Revised Code, whichever	40590
comes first. If the unpaid portion of the assessment is certified	40591
to the attorney general for collection, the entire unpaid portion	40592
of the assessment shall bear interest at the rate per annum	40593
prescribed by section 5703.47 of the Revised Code from the date of	40594
certification until the date it is paid in its entirety. Interest	40595
shall be paid in the same manner as the tax and may be collected	40596
by the issuance of an assessment under this section.	40597

(D) If the commissioner believes that collection of the tax	40598
will be jeopardized unless proceedings to collect or secure	40599
collection of the tax are instituted without delay, the	40600
commissioner may issue a jeopardy assessment against the person	40601
liable for the tax. Immediately upon the issuance of the jeopardy	40602
assessment, the commissioner shall file an entry with the clerk of	40603
the court of common pleas in the manner prescribed by division (C)	40604
of this section. Notice of the jeopardy assessment shall be served	40605
on the person assessed or the person's authorized agent in the	40606
manner provided in section 5703.37 of the Revised Code within five	40607
days of the filing of the entry with the clerk. The total amount	40608
assessed is immediately due and payable, unless the person	40609
assessed files a petition for reassessment in accordance with	40610
division (B) of this section and provides security in a form	40611
satisfactory to the commissioner and in an amount sufficient to	40612
satisfy the unpaid balance of the assessment. Full or partial	40613
payment of the assessment does not prejudice the commissioner's	40614
consideration of the petition for reassessment.	40615

(E) The commissioner shall immediately forward to the	40616
treasurer of state all amounts the commissioner receives under	40617
this section, and such amounts shall be considered as revenue	40618
arising from the tax imposed under this chapter.	40619

(F) Except as otherwise provided in this division, no	40620
assessment shall be made or issued against a taxpayer for the tax	40621
imposed under this chapter more than four years after the due date	40622
for the filing of the return for the tax period for which the tax	40623
was reported, or more than four years after the return for the tax	40624
period was filed, whichever is later. The time limit may be	40625
extended if both the taxpayer and the commissioner consent in	40626
writing to the extension or enter into an agreement waiving or	40627
extending the time limit. Any such extension shall extend the	40628
four-year time limit in division (A) of section 5736.08 of the	40629
Revised Code for the same period of time. Nothing in this division	40630
bars an assessment against a taxpayer that fails to file a return	40631
required by this chapter or that files a fraudulent return.	40632

(G) If the commissioner possesses information that indicates	40633
that the amount of tax a taxpayer is required to pay under this	40634
chapter exceeds the amount the taxpayer paid, the commissioner may	40635
audit a sample of the taxpayer's gross receipts over a	40636
representative period of time to ascertain the amount of tax due,	40637
and may issue an assessment based on the audit. The commissioner	40638
shall make a good faith effort to reach agreement with the	40639
taxpayer in selecting a representative sample. The commissioner	40640
may apply a sampling method only if the commissioner has	40641
prescribed the method by rule.	40642

(H) If the whereabouts of a person subject to this chapter is	40643
not known to the commissioner, the commissioner shall follow the	40644
procedures under section 5703.37 of the Revised Code.	40645

Sec. 5736.13. (A) For the purpose of receiving, accounting	40646
for, and distributing revenue received from the tax imposed by	40647
section 5736.02 of the Revised Code, the following funds are	40648
hereby created in the state treasury:	40649

(1) The ~~motor fuel receipts~~petroleum activity tax fund;

40650

(2) The ~~motor fuel receipts~~petroleum activity tax	40651
administration fund. All amounts credited to the ~~motor fuel~~	40652
~~receipts~~petroleum activity tax administration fund shall be used	40653
solely for the purpose of paying the expenses of the department of	40654
taxation incident to the administration of the tax imposed by	40655
section 5736.02 of the Revised Code.	40656

(3) The ~~motor fuel receipts~~petroleum activity tax public	40657
highways fund.	40658

(B) All money collected from the tax imposed by section	40659
5736.02 of the Revised Code shall be deposited into the ~~motor fuel~~	40660
~~receipts~~petroleum activity tax fund.	40661

(C) From the ~~motor fuel receipts~~petroleum activity tax fund,	40662
the director of budget and management shall place to the credit of	40663
the tax refund fund established by section 5703.052 of the Revised	40664
Code amounts equal to the refunds certified by the tax	40665
commissioner pursuant to section 5736.08 of the Revised Code.	40666

(D) Not later than the last day of March, June, September,	40667
and December of each year, the director of budget and management	40668
shall provide for the transfer of the balance of the ~~motor fuel~~	40669
~~receipts~~petroleum activity tax fund as of the last day of the	40670
preceding month, excluding any amounts required to be transferred	40671
as provided in division (C) of this section, as follows:	40672

(1) To the ~~motor fuel receipts~~petroleum activity tax	40673
administration fund, one per cent;	40674

(2) To the ~~motor fuel receipts~~petroleum activity tax public	40675
highways fund, an amount that bears the same ratio to the balance	40676
in the ~~motor fuel receipts~~petroleum activity tax fund, after	40677
subtracting the amount transferred under division (D)(1) of this	40678
section, that (a) the gross receipts attributed to motor fuel used	40679
for propelling vehicles on public highways and waterways as	40680
indicated by returns filed by the last day of the preceding month,	40681
bears to (b) all gross receipts as indicated by those returns;	40682

(3) To the general revenue fund, the amount remaining after	40683
the transfers required by divisions (D)(1) and (2) of this	40684
section.	40685

Sec. 5736.50. (A) A taxpayer granted a credit by the tax	40686
credit authority under section 122.17 or division (B)(2) or (3) of	40687
section 122.171 of the Revised Code may claim a refundable credit	40688
against the tax imposed under this chapter. For the purpose of	40689
making tax payments under this chapter, taxes equal to the amount	40690
of the refundable credit shall be considered to be paid on the	40691
first day of the tax period.	40692

(B) A taxpayer granted a credit by the tax credit authority	40693
under division (B)(1) of section 122.171 of the Revised Code may	40694
claim a nonrefundable tax credit against the tax imposed under	40695
this chapter.	40696

(C) Credits authorized in division (A) or (B) of this section	40697
shall not be claimed for any tax period beginning after the date	40698
on which a relocation of employment positions occurs in violation	40699
of an agreement entered into under section 122.17 or 122.171 of	40700
the Revised Code.	40701

(D) A taxpayer may claim any unused portion of the credit	40702
authorized under division (B) of section 5751.50 of the Revised	40703
Code against the tax imposed under this chapter. No credit shall	40704
be allowed under this division if the credit was available against	40705
the tax imposed under section 5751.02 of the Revised Code except	40706
to the extent the credit was not applied against that tax.	40707

Sec. 5743.01. As used in this chapter:

40708

(A) "Person" includes individuals, firms, partnerships,	40709
associations, joint-stock companies, corporations, combinations of	40710
individuals of any form, and the state and any of its political	40711
subdivisions.	40712

(B) "Wholesale dealer" includes only those persons:

40713

(1) Who bring in or cause to be brought into this state	40714
unstamped cigarettes purchased directly from the manufacturer,	40715
producer, or importer of cigarettes for sale in this state but	40716
does not include persons who bring in or cause to be brought into	40717
this state cigarettes with respect to which no evidence of tax	40718
payment is required thereon as provided in section 5743.04 of the	40719
Revised Code; or	40720

(2) Who are engaged in the business of selling cigarettes or	40721
tobacco products to others for the purpose of resale.	40722

"Wholesale dealer" does not include any cigarette	40723
manufacturer, export warehouse proprietor, or importer with a	40724
valid permit under 26 U.S.C. 5713 if that person sells cigarettes	40725
in this state only to wholesale dealers holding valid and current	40726
licenses under section 5743.15 of the Revised Code or to an export	40727
warehouse proprietor or another manufacturer.	40728

40729

(1) In reference to dealers in cigarettes, every person other	40730
than a wholesale dealer engaged in the business of selling	40731
cigarettes in this state, regardless of whether the person is	40732
located in this state or elsewhere, and regardless of quantity,	40733
amount, or number of sales;	40734

(2) In reference to dealers in tobacco products, any person	40735
in this state engaged in the business of selling tobacco products	40736
to ultimate consumers in this state, regardless of quantity,	40737
amount, or number of sales.	40738

(D) "Sale" includes exchange, barter, gift, offer for sale,	40739
and distribution, and includes transactions in interstate or	40740
foreign commerce.	40741

(E) "Cigarettes" includes any roll for smoking made wholly or	40742
in part of tobacco, irrespective of size or shape, and whether or	40743
not such tobacco is flavored, adulterated, or mixed with any other	40744
ingredient, the wrapper or cover of which is made of paper,	40745
reconstituted cigarette tobacco, homogenized cigarette tobacco,	40746
cigarette tobacco sheet, or any similar materials other than cigar	40747
tobacco.	40748

(F) "Package" means the individual package, box, or other	40749
container in or from which retail sales of cigarettes are normally	40750
made or intended to be made.	40751

(G) ~~"Stamp" includes an impression made by a metering device~~	40752
~~as provided for in section 5743.04 of the Revised Code~~"Electronic	40753
cigarette" means any device that includes a mechanical heating	40754
element, battery, or electronic circuit and that can be used to	40755
deliver a vapor of nicotine or any other substance, the use of	40756
which device, or the inhalation of which vapor, simulates smoking.	40757
"Electronic cigarette" includes any such device whether	40758
manufactured, distributed, marketed, or sold as an e-cigarette,	40759
e-cigar, e-pipe, or under any other product name or descriptor,	40760
and includes any cartridge or component of such a device or a	40761
related product.	40762

(H) "Storage" includes any keeping or retention of cigarettes	40763
or tobacco products for use or consumption in this state.	40764

(I) "Use" includes the exercise of any right or power	40765
incidental to the ownership of cigarettes or tobacco products.	40766

(J) "Tobacco product" or "other tobacco product" means ~~any~~:

40767

(1) Any product made from tobacco, other than cigarettes,	40768
that is made for smoking or chewing, or both~~, and snuff~~;	40769

(2) Snuff;

40770

(3) Any product that contains nicotine in a cartridge or	40771
other component and that is marketed or intended to be used with	40772
an electronic cigarette.	40773

(K) "Wholesale price" means the invoice price, including all	40774
federal excise taxes, at which the manufacturer of the tobacco	40775
product sells the tobacco product to unaffiliated distributors,	40776
excluding any discounts based on the method of payment of the	40777
invoice or on time of payment of the invoice. If the taxpayer buys	40778
from other than a manufacturer, "wholesale price" means the	40779
invoice price, including all federal excise taxes and excluding	40780
any discounts based on the method of payment of the invoice or on	40781
time of payment of the invoice.	40782

(L) "Distributor" means:

40783

(1) Any manufacturer who sells, barters, exchanges, or	40784
distributes tobacco products to a retail dealer in the state,	40785
except when selling to a retail dealer that has filed with the	40786
manufacturer a signed statement agreeing to pay and be liable for	40787
the tax imposed by section 5743.51 of the Revised Code;	40788

(2) Any wholesale dealer located in the state who receives	40789
tobacco products from a manufacturer, or who receives tobacco	40790
products on which the tax imposed by this chapter has not been	40791
paid;	40792

(3) Any wholesale dealer located outside the state who sells,	40793
barters, exchanges, or distributes tobacco products to a wholesale	40794
or retail dealer in the state; or	40795

(4) Any retail dealer who receives tobacco products on which	40796
the tax has not or will not be paid by another distributor,	40797
including a retail dealer that has filed a signed statement with a	40798
manufacturer in which the retail dealer agrees to pay and be	40799
liable for the tax that would otherwise be imposed on the	40800
manufacturer by section 5743.51 of the Revised Code.	40801

(M) "Taxpayer" means any person liable for the tax imposed by	40802
section 5743.51, 5743.62, or 5743.63 of the Revised Code.	40803

(N) "Seller" means any person located outside this state	40804
engaged in the business of selling tobacco products to consumers	40805
for storage, use, or other consumption in this state.	40806

(O) "Manufacturer" means any person who manufactures and	40807
sells cigarettes or tobacco products.	40808

(P) "Importer" means any person that is authorized, under a	40809
valid permit issued under Section 5713 of the Internal Revenue	40810
Code, to import finished cigarettes into the United States, either	40811
directly or indirectly.	40812

~~(Q) "Little cigar" means any roll for smoking, other than~~	40813
~~cigarettes, made wholly or in part of tobacco that uses an~~	40814
~~integrated cellulose acetate filter or other filter and is wrapped~~	40815
~~in any substance containing tobacco, other than natural leaf~~	40816
~~tobacco.~~	40817

Sec. 5743.02. To provide revenues for the general revenue	40818
fund, an excise tax on sales of cigarettes is hereby levied at the	40819
~~rate of sixty-two and one-half~~following rates:	40820

(A) From July 1, 2014, through June 30, 2015, seventy-seven	40821
and one-half mills on each cigarette;	40822

(B) On and after July 1, 2015, ninety-two and one-half mills	40823
on each cigarette.	40824

Only one sale of the same article shall be used in computing	40825
the amount of tax due.	40826

The treasurer of state shall place to the credit of the tax	40827
refund fund created by section 5703.052 of the Revised Code, out	40828
of receipts from the tax levied by this section, amounts equal to	40829
the refunds certified by the tax commissioner pursuant to section	40830
5743.05 of the Revised Code. The balance of taxes collected under	40831
such section, after the credits to the tax refund fund, shall be	40832
paid into the general revenue fund.	40833

Sec. 5743.021. (A) As used in this section, "qualifying	40834
regional arts and cultural district" means a regional arts and	40835
cultural district created under section 3381.04 of the Revised	40836
Code in a county having a population of one million two hundred	40837
thousand or more according to the 2000 federal decennial census.	40838

(B) For one or more of the purposes for which a tax may be	40839
levied under section 3381.16 of the Revised Code and for the	40840
purposes of paying the expenses of administering the tax and the	40841
expenses charged by a board of elections to hold an election on a	40842
question submitted under this section, the board of county	40843
commissioners of a county that has within its territorial	40844
boundaries a qualifying regional arts and cultural district may	40845
levy a tax on the sale of cigarettes sold for resale at retail in	40846
the county composing the district. The rate of the tax, when added	40847
to the rate of any other tax concurrently levied by the board	40848
under this section, shall not exceed fifteen mills per cigarette,	40849
and shall be computed on each cigarette sold. Only one sale of the	40850
same article shall be used in computing the amount of tax due. The	40851
tax may be levied for any number of years not exceeding ten years.	40852

The tax shall be levied pursuant to a resolution of the board	40853
of county commissioners approved by a majority of the electors in	40854
the county voting on the question of levying the tax. The	40855
resolution shall specify the rate of the tax, the number of years	40856
the tax will be levied, and the purposes for which the tax is	40857
levied. The election may be held on the date of a general,	40858
primary, or special election held not sooner than ninety days	40859
after the date the board certifies its resolution to the board of	40860
elections. If approved by the electors, the tax shall take effect	40861
on the first day of the month specified in the resolution but not	40862
sooner than the first day of the month that is at least sixty days	40863
after the certification of the election results by the board of	40864
elections. A copy of the resolution levying the tax shall be	40865
certified to the tax commissioner at least sixty days prior to the	40866
date on which the tax is to become effective.	40867

(C) The form of the ballot in an election held under this	40868
section shall be as follows, or in any other form acceptable to	40869
the secretary of state:	40870

"For the purpose of .......... (insert the purpose or	40871
purposes of the tax), shall an excise tax be levied throughout	40872
.......... County for the benefit of the ........... (name of the	40873
qualifying regional arts and cultural district) on the sale of	40874
cigarettes at wholesale at the rate of .... mills per cigarette	40875
for ..... years?	40876

40877

		For the tax			40878
		Against the tax	"		40879

(D) ~~The treasurer of state shall credit all moneys~~All money	40880
arising from taxes levied on behalf of each district under this	40881
section and section 5743.321 of the Revised Code shall be credited	40882
as follows:	40883

(1) To the tax refund fund created by section 5703.052 of the	40884
Revised Code, amounts equal to the refunds from each tax levied	40885
under this section certified by the tax commissioner pursuant to	40886
section 5743.05 of the Revised Code;	40887

(2) Following the crediting of amounts pursuant to division	40888
(D)(1) of this section:	40889

(a) To the permissive tax distribution fund created under	40890
section 4301.423 of the Revised Code, an amount equal to	40891
ninety-eight per cent of the remainder collected;	40892

(b) To the local excise tax administrative fund, which is	40893
hereby created in the state treasury, an amount equal to two per	40894
cent of such remainder, for use by the tax commissioner in	40895
defraying costs incurred in administering the tax.	40896

~~On or before the second working day of each month, the~~	40897
~~treasurer of state shall certify to the tax commissioner the~~	40898
~~amount of taxes levied on behalf of each district under sections~~	40899
~~5743.021 and 5743.321 of the Revised Code and paid to the~~	40900
~~treasurer of state during the preceding month.~~	40901

On or before the tenth day of each month, the tax	40902
commissioner shall distribute the amount credited to the	40903
permissive tax distribution fund during the preceding month by	40904
providing for payment of the appropriate amount to the county	40905
treasurer of the county in which the tax is levied.	40906

Sec. 5743.024. (A) For the purposes of section 307.696 of	40907
the Revised Code, to pay the expenses of administering the tax,	40908
and to pay any or all of the charge the board of elections makes	40909
against the county to hold the election on the question of levying	40910
the tax, or for such purposes and to provide revenues to the	40911
county for permanent improvements, the board of county	40912
commissioners may levy a tax on sales of cigarettes sold for	40913
resale at retail in the county. The tax shall not exceed two and	40914
twenty-five hundredths of a mill per cigarette, and shall be	40915
computed on each cigarette sold. The tax may be levied for any	40916
number of years not exceeding twenty. Only one sale of the same	40917
article shall be used in computing the amount of tax due.	40918

The tax shall be levied pursuant to a resolution of the	40919
county commissioners approved by a majority of the electors in the	40920
county voting on the question of levying the tax. The resolution	40921
shall specify the rate of the tax, the number of years the tax	40922
will be levied, and the purposes for which the tax is levied. Such	40923
election may be held on the date of a general or special election	40924
held not sooner than ninety days after the date the board	40925
certifies its resolution to the board of elections. If approved by	40926
the electors, the tax shall take effect on the first day of the	40927
month specified in the resolution but not sooner than the first	40928
day of the month that is at least sixty days after the	40929
certification of the election results by the board of elections. A	40930
copy of the resolution levying the tax shall be certified to the	40931
tax commissioner at least sixty days prior to the date on which	40932
the tax is to become effective.	40933

A resolution under this section may be joined on the ballot	40934
as a single question with a resolution adopted under section	40935
307.697 or 4301.421 of the Revised Code to levy a tax for the same	40936
purposes and for the purpose of paying the expenses of	40937
administering the tax. The form of the ballot in an election held	40938
pursuant to this section shall be as prescribed in section 307.697	40939
of the Revised Code.	40940

(B) ~~The treasurer of state shall credit all moneys~~All money	40941
arising from each county's taxes levied under this section and	40942
section 5743.323 of the Revised Code shall be credited as follows:	40943

(1) To the tax refund fund created by section 5703.052 of the	40944
Revised Code, amounts equal to the refunds from each tax levied	40945
under this section certified by the tax commissioner pursuant to	40946
section 5743.05 of the Revised Code;	40947

(2) Following the crediting of amounts pursuant to division	40948
(B)(1) of this section:	40949

(a) To the permissive tax distribution fund created by	40950
division (B)(1) of section 4301.423 of the Revised Code, an amount	40951
equal to ninety-eight per cent of the remainder collected;	40952

(b) To the local excise tax administrative fund, which is	40953
hereby created in the state treasury, an amount equal to two per	40954
cent of such remainder, for use by the tax commissioner in	40955
defraying costs incurred in administering the tax.	40956

~~On or before the second working day of each month, the~~	40957
~~treasurer of state shall certify to the tax commissioner the~~	40958
~~amount of each county's taxes levied under sections 5743.024 and~~	40959
~~5743.323 of the Revised Code and paid to the treasurer of state~~	40960
~~during the preceding month.~~	40961

On or before the tenth day of each month, the tax	40962
commissioner shall distribute the amount credited to the	40963
permissive tax distribution fund during the preceding month by	40964
providing for payment of the appropriate amount to the county	40965
treasurer of each county levying the tax.	40966

(C) The board of county commissioners of a county in which a	40967
tax is imposed under this section on the effective date of the	40968
amendment of this section by H.B. 59 of the 130th general	40969
assembly, September 29, 2013, may levy a tax for the purpose of	40970
section 307.673 of the Revised Code regardless of whether or not	40971
the cooperative agreement authorized under that section has been	40972
entered into prior to the day the resolution adopted under	40973
division (C)(1) or (2) of this section is adopted, for the purpose	40974
of reimbursing a county for costs incurred in the construction of	40975
a sports facility pursuant to an agreement entered into by the	40976
county under section 307.696 of the Revised Code, or for the	40977
purpose of paying the costs of capital repairs of and improvements	40978
to a sports facility. The tax shall be levied and approved in one	40979
of the manners prescribed by division (C)(1) or (2) of this	40980
section.	40981

(1) The tax may be levied pursuant to a resolution adopted by	40982
a majority of the members of the board of county commissioners not	40983
later than forty-five days after July 19, 1995. A board of county	40984
commissioners approving a tax under division (C)(1) of this	40985
section may approve a tax under division (D)(1) of section 307.697	40986
or division (B)(1) of section 4301.421 of the Revised Code at the	40987
same time. Subject to the resolution being submitted to a	40988
referendum under sections 305.31 to 305.41 of the Revised Code,	40989
the resolution shall take effect immediately, but the tax levied	40990
pursuant to the resolution shall not be levied prior to the day	40991
following the last day that any tax previously levied pursuant to	40992
this division may be levied.	40993

(2) The tax may be levied pursuant to a resolution adopted by	40994
a majority of the members of the board of county commissioners not	40995
later than September 1, 2015, and approved by a majority of the	40996
electors of the county voting on the question of levying the tax.	40997
The board of county commissioners shall certify a copy of the	40998
resolution to the board of elections immediately upon adopting a	40999
resolution under division (C)(2) of this section. The election may	41000
be held on the date of a general or special election held not	41001
sooner than ninety days after the date the board certifies its	41002
resolution to the board of elections. The form of the ballot shall	41003
be as prescribed by division (C) of section 307.697 of the Revised	41004
Code, except that the phrase "paying not more than one-half of the	41005
costs of providing a sports facility together with related	41006
redevelopment and economic development projects" shall be replaced	41007
by the phrase "paying the costs of constructing, renovating,	41008
improving, or repairing a sports facility and reimbursing a county	41009
for costs incurred by the county in the construction of a sports	41010
facility," and the phrase ", beginning .......... (here insert the	41011
earliest date the tax would take effect)" shall be appended after	41012
"years." A board of county commissioners submitting the question	41013
of a tax under division (C)(2) of this section may submit the	41014
question of a tax under division (D)(2) of section 307.697 or	41015
division (B)(2) of section 4301.421 of the Revised Code as a	41016
single question, and the form of the ballot shall include each of	41017
the proposed taxes.	41018

If approved by a majority of electors voting on the question,	41019
the tax shall take effect on the day specified on the ballot,	41020
which shall not be earlier than the day following the last day	41021
that any tax previously levied pursuant to this division may be	41022
levied.	41023

The rate of a tax levied pursuant to division (C)(1) or (2)	41024
of this section shall not exceed the rate specified in division	41025
(A) of this section. A tax levied pursuant to division (C)(1) or	41026
(2) of this section may be levied for any number of years not	41027
exceeding twenty.	41028

A board of county commissioners adopting a resolution under	41029
this division shall certify a copy of the resolution to the tax	41030
commissioner immediately upon adoption of the resolution.	41031

(D) No tax shall be levied under division (A) of this section	41032
on or after September 23, 2008. This division does not apply to a	41033
tax levied under division (C) of this section, and does not	41034
prevent the collection of any tax levied under this section before	41035
September 23, 2008, so long as that tax remains effective.	41036

Sec. 5743.025. In addition to the return required by section	41037
5743.03 of the Revised Code, each retail dealer in a county in	41038
which a tax is levied under section 5743.021, 5743.024, or	41039
5743.026 of the Revised Code shall, within thirty days after the	41040
date on which the tax takes effect, make and file a return, on	41041
forms prescribed by the tax commissioner, showing the total number	41042
of cigarettes which such retail dealer had on hand as of the	41043
beginning of business on the date on which the tax takes effect,	41044
and such other information as the commissioner deems necessary for	41045
the administration of section 5743.021, 5743.024, or 5743.026 of	41046
the Revised Code. Each retail dealer shall deliver the return	41047
together with a remittance of the additional amount of tax due on	41048
the cigarettes shown on such return to the ~~treasurer of state. The~~	41049
~~treasurer of state shall stamp or otherwise mark on the return the~~	41050
~~date it was received and shall also show thereon by stamp or~~	41051
~~otherwise the tax payment remitted with the return. Thereafter,~~	41052
~~the treasurer of state shall immediately transmit all returns~~	41053
~~filed under this section to the tax~~ commissioner. Any retail	41054
dealer who fails to file a return under this section shall, for	41055
each day the retail dealer so fails, forfeit and pay into the	41056
state treasury the sum of one dollar as revenue arising from the	41057
tax imposed by section 5743.021, 5743.024, or 5743.026 of the	41058
Revised Code, and such sum may be collected by assessment in the	41059
manner provided in section 5743.081 of the Revised Code. For	41060
thirty days after the effective date of a tax imposed by section	41061
5743.021, 5743.024, or 5743.026 of the Revised Code, a retail	41062
dealer may possess for sale or sell in the county in which the tax	41063
is levied cigarettes not bearing the stamp ~~or impression~~ required	41064
by section 5743.03 of the Revised Code to evidence payment of the	41065
county tax but on which the tax has or will be paid.	41066

Sec. 5743.03. (A) Except as provided in section 5743.04 of	41067
the Revised Code, the taxes imposed under sections 5743.02,	41068
5743.021, 5743.024, and 5743.026 of the Revised Code shall be paid	41069
by the purchase of tax stamps. A tax stamp shall be affixed to	41070
each package of an aggregate denomination not less than the amount	41071
of the tax upon the contents thereof. The tax stamp, so affixed,	41072
shall be prima-facie evidence of payment of the tax.	41073

Except as is provided in the rules prescribed by the tax	41074
commissioner under authority of sections 5743.01 to 5743.20 of the	41075
Revised Code, and unless tax stamps have been previously affixed,	41076
they shall be so affixed by each wholesale dealer, and canceled by	41077
writing or stamping across the face thereof the number assigned to	41078
such wholesale dealer by the tax commissioner for that purpose,	41079
prior to the delivery of any cigarettes to any person in this	41080
state, or in the case of a tax levied pursuant to section	41081
5743.021, 5743.024, or 5743.026 of the Revised Code, prior to the	41082
delivery of cigarettes to any person in the county in which the	41083
tax is levied.	41084

(B) Except as provided in the rules prescribed by the	41085
commissioner under authority of sections 5743.01 to 5743.20 of the	41086
Revised Code, each retail dealer, within twenty-four hours after	41087
the receipt of any cigarettes at the retail dealer's place of	41088
business, shall inspect the cigarettes to ensure that tax stamps	41089
are affixed. The inspection shall be completed before the	41090
cigarettes are delivered to any person in this state, or, in the	41091
case of a tax levied pursuant to section 5743.021, 5743.024, or	41092
5743.026 of the Revised Code, before the cigarettes are delivered	41093
to any person in the county in which the tax is levied.	41094

(C) Whenever any cigarettes are found in the place of	41095
business of any retail dealer without proper tax stamps affixed	41096
thereto and canceled, it is presumed that such cigarettes are kept	41097
therein in violation of sections 5743.01 to 5743.20 of the Revised	41098
Code.	41099

(D) Each wholesale dealer who purchases cigarettes without	41100
proper tax stamps affixed thereto shall, on or before the	41101
thirty-first day of the month following the close of each	41102
semiannual period, which period shall end on the thirtieth day of	41103
June and the thirty-first day of December of each year, make and	41104
file a return of the preceding semiannual period, on such form as	41105
is prescribed by the tax commissioner, showing the dealer's entire	41106
purchases and sales of cigarettes and stamps ~~or impressions~~ for	41107
such semiannual period and accurate inventories as of the	41108
beginning and end of each semiannual period of cigarettes, stamped	41109
or unstamped; cigarette tax stamps affixed or unaffixed ~~and unused~~	41110
~~meter impressions~~; and such other information as the commissioner	41111
finds necessary to the proper administration of sections 5743.01	41112
to 5743.20 of the Revised Code. The commissioner may extend the	41113
time for making and filing returns and may remit all or any part	41114
of amounts of penalties that may become due under sections 5743.01	41115
to 5743.20 of the Revised Code. The wholesale dealer shall deliver	41116
the return together with a remittance of the tax deficiency	41117
reported thereon to the ~~treasurer of state. The treasurer of state~~	41118
~~shall stamp or otherwise mark on the return the date it was~~	41119
~~received and shall also show thereon by stamp or otherwise a~~	41120
~~payment or nonpayment of the deficiency shown by the return.~~	41121
~~Thereafter, the treasurer of state shall immediately transmit all~~	41122
~~returns filed under this section to the~~ commissioner.	41123

(E) Any wholesale dealer who fails to file a return under	41124
this section and the rules of the commissioner, other than a	41125
report required pursuant to division (F) of this section, may be	41126
required, for each day the dealer so fails, to forfeit and pay	41127
into the state treasury the sum of one dollar as revenue arising	41128
from the tax imposed by sections 5743.01 to 5743.20 of the Revised	41129
Code and such sum may be collected by assessment in the manner	41130
provided in section 5743.081 of the Revised Code. If the	41131
commissioner finds it necessary in order to insure the payment of	41132
the tax imposed by sections 5743.01 to 5743.20 of the Revised	41133
Code, the commissioner may require returns and payments to be made	41134
other than semiannually. The returns shall be signed by the	41135
wholesale dealer or an authorized agent thereof.	41136

(F) Each person required to file a tax return under section	41137
5743.03, 5743.52, or 5743.62 of the Revised Code shall report to	41138
the commissioner the quantity of all cigarettes and roll-your-own	41139
cigarette tobacco sold in Ohio for each brand not covered by the	41140
tobacco master settlement agreement for which the person is liable	41141
for the taxes levied under section 5743.02, 5743.51, or 5743.62 of	41142
the Revised Code.	41143

As used in this division, "tobacco master settlement	41144
agreement" has the same meaning as in section 183.01 of the	41145
Revised Code.	41146

(G) The report required by division (F) of this section shall	41147
be made on a form prescribed by the commissioner and shall be	41148
filed not later than the last day of each month for the previous	41149
month, except that if the commissioner determines that the	41150
quantity reported by a person does not warrant monthly reporting,	41151
the commissioner may authorize reporting at less frequent	41152
intervals. The commissioner may assess a penalty of not more than	41153
two hundred fifty dollars for each month or portion thereof that a	41154
person fails to timely file a required report, and such sum may be	41155
collected by assessment in the manner provided in section 5743.081	41156
of the Revised Code. All money collected under this division shall	41157
be considered as revenue arising from the taxes imposed by	41158
sections 5743.01 to 5743.20 of the Revised Code.	41159

(H) The ~~treasurer of state~~commissioner or an agent of the	41160
~~treasurer~~commissioner may sell tax stamps only to a licensed	41161
wholesale dealer, except as otherwise authorized by the	41162
commissioner. The ~~treasurer~~commissioner or an agent of the	41163
~~treasurer~~commissioner may charge the costs associated with the	41164
shipment of tax stamps to the licensed wholesale dealer. Amounts	41165
collected from such charges shall be credited to the ~~treasurer of~~	41166
~~state's administrative~~cigarette tax enforcement fund created	41167
under section ~~113.20~~5743.15 of the Revised Code.	41168

Sec. 5743.04. The tax commissioner shall design and procure	41169
the stamps provided for in section 5743.03 of the Revised Code and	41170
shall enforce and administer sections 5743.01 to 5743.44 of the	41171
Revised Code. With respect to packages containing any number of	41172
cigarettes other than twenty, if the commissioner finds that it is	41173
practicable to collect the taxes levied under sections 5743.02,	41174
5743.021, 5743.024, and 5743.026 of the Revised Code by any method	41175
other than that provided in this section and section 5743.03 of	41176
the Revised Code, the commissioner may by rule prescribe such	41177
other method for payment of the taxes upon such packages of	41178
cigarettes as will adequately protect the revenue; provided, that	41179
in any case where the commissioner prescribes that the taxes upon	41180
such packages of cigarettes shall be paid on the basis of returns	41181
filed by a wholesale or retail dealer, said returns, together with	41182
a remittance of all taxes due as shown thereon, shall be filed	41183
with the ~~treasurer of state~~commissioner not later than the tenth	41184
day of the month following the month in which such cigarettes are	41185
sold in this state. The commissioner may promulgate rules in	41186
accordance with sections 119.01 to 119.13 of the Revised Code as	41187
the commissioner deems necessary to carry out sections 5743.01 to	41188
5743.44 of the Revised Code and may adopt different detailed rules	41189
applicable to diverse methods and conditions of sale of	41190
cigarettes, prescribing, in each class of cases, upon whom, as	41191
between the wholesale dealer and the retail dealer, the primary	41192
duty of affixing stamps shall rest, and the manner in which stamps	41193
shall be affixed. A copy of such rules shall be furnished to every	41194
licensed dealer as provided in sections 119.01 to 119.13 of the	41195
Revised Code. Any such rule so furnished which excuses a wholesale	41196
dealer from affixing stamps under the circumstances of the	41197
particular case shall be a defense in the prosecution of such	41198
dealer for violation of section 5743.03 of the Revised Code.	41199

~~The commissioner, after determining that it is practicable to~~	41200
~~evidence payment of the taxes levied under sections 5743.02,~~	41201
~~5743.021, 5743.024, and 5743.026 of the Revised Code by impression~~	41202
~~made by a metering device, shall by resolution provide that such~~	41203
~~metering device may be used in lieu of the stamps otherwise~~	41204
~~provided for in section 5743.03 of the Revised Code. The~~	41205
~~commissioner may authorize any wholesale or retail dealer to use~~	41206
~~the metering device approved by the commissioner. Such device~~	41207
~~before being used shall be sealed by the treasurer of state, and~~	41208
~~shall be used only in accordance with the rules prescribed by the~~	41209
~~commissioner.~~	41210

~~Wholesale and retail dealers authorized to use said device~~	41211
~~shall prepay the tax represented by meter impressions and shall~~	41212
~~deliver the metering device to the treasurer of state or county~~	41213
~~treasurer in the county in which the place of business of any~~	41214
~~wholesaler or retailer is located if such treasurer is designated~~	41215
~~by the treasurer of state, who shall seal the meter in accordance~~	41216
~~with the prepayments so made.~~	41217

Sec. 5743.05. All stamps provided for by section 5743.03 of	41218
the Revised Code, when procured by the tax commissioner, ~~shall~~may	41219
be ~~immediately~~ delivered to ~~the treasurer~~an agent of ~~state~~the	41220
commissioner, who shall execute a receipt therefor showing the	41221
number and aggregate face value of each denomination received by	41222
the ~~treasurer of state~~agent and any other information that the	41223
commissioner requires to enforce the collection and distribution	41224
of all taxes imposed under section 5743.021, 5743.024, or 5743.026	41225
of the Revised Code, and deliver the receipt to the commissioner.	41226
~~The treasurer~~An agent of ~~state~~the commissioner who receives	41227
stamps under this section shall sell the stamps and, on the fifth	41228
day of each month, make a report showing all sales made during the	41229
preceding month, with the names of purchasers, the number of each	41230
denomination, the aggregate face value purchased by each, and any	41231
other information as the commissioner requires to enforce the	41232
collection and distribution of all taxes imposed under section	41233
5743.021, 5743.024, or 5743.026 of the Revised Code, and deliver	41234
it to the commissioner. ~~The treasurer~~Such an agent of ~~state~~the	41235
commissioner shall be accountable for all stamps received and	41236
unsold. The stamps shall be sold and accounted for at their face	41237
value, except the commissioner shall, by rule ~~certified to the~~	41238
~~treasurer of state~~, authorize the sale of stamps ~~and meter~~	41239
~~impressions~~ to wholesale ~~or retail~~ dealers in this state, or to	41240
wholesale dealers outside this state, at a discount of not less	41241
than one and eight-tenths per cent or more than ten per cent of	41242
their face value, as a commission for affixing and canceling the	41243
stamps ~~or meter impressions~~.	41244

The commissioner, by rule ~~certified to the treasurer of~~	41245
~~state~~, shall authorize the delivery of stamps ~~and meter~~	41246
~~impressions~~ to wholesale dealers in this state and to wholesale	41247
dealers outside this state on credit. If such a dealer has not	41248
been in good credit standing with this state for five consecutive	41249
years preceding the purchase, the ~~tax~~ commissioner shall require	41250
the dealer to file with the commissioner a bond to the state in	41251
the amount and in the form prescribed by the commissioner, with	41252
surety to the satisfaction of the commissioner, conditioned on	41253
payment to the treasurer of state or the commissioner within	41254
thirty days for stamps ~~or meter impressions~~ delivered within that	41255
time. If such a dealer has been in good credit standing with this	41256
state for five consecutive years preceding the purchase, the ~~tax~~	41257
commissioner shall not require that the dealer file such a bond	41258
but shall require payment for the stamps ~~and meter impressions~~	41259
within thirty days after purchase of the stamps ~~and meter~~	41260
~~impressions~~. Stamps ~~and meter impressions~~ sold to a dealer not	41261
required to file a bond shall be sold at face value. The maximum	41262
amount that may be sold on credit to a dealer not required to file	41263
a bond shall equal one hundred ten per cent of the dealer's	41264
average monthly purchases over the preceding calendar year. The	41265
maximum amount shall be adjusted to reflect any changes in the tax	41266
rate and may be adjusted, upon application to the ~~tax~~ commissioner	41267
by the dealer, to reflect changes in the business operations of	41268
the dealer. The maximum amount shall be applicable to the period	41269
of July through April. Payment by a dealer not required to file a	41270
bond shall be remitted by electronic funds transfer as prescribed	41271
by section 5743.051 of the Revised Code. If a dealer not required	41272
to file a bond fails to make the payment in full within the	41273
thirty-day period, neither the ~~treasurer~~commissioner nor an	41274
agent of ~~state shall not~~the commissioner may thereafter sell	41275
stamps ~~or meter impressions~~ to that dealer until the dealer pays	41276
the outstanding amount, including penalty and interest on that	41277
amount as prescribed in this chapter, and the commissioner	41278
thereafter may require the dealer to file a bond until the dealer	41279
is restored to good standing. The commissioner shall limit	41280
delivery of stamps ~~and meter impressions~~ on credit to the period	41281
running from the first day of July of the fiscal year until the	41282
first day of the following May. Any discount allowed as a	41283
commission for affixing and canceling stamps ~~or meter impressions~~	41284
shall be allowed with respect to sales of stamps ~~and meter~~	41285
~~impressions~~ on credit.	41286

The ~~treasurer of state~~commissioner shall redeem and pay for	41287
any destroyed, unused, or spoiled tax stamps ~~and any unused meter~~	41288
~~impressions~~ at their net value, and shall refund to wholesale	41289
dealers the net amount of state and county taxes paid erroneously	41290
or paid on cigarettes that have been sold in interstate or foreign	41291
commerce or that have become unsalable, and the net amount of	41292
county taxes that were paid on cigarettes that have been sold at	41293
retail or for retail sale outside a taxing county.	41294

An application for a refund of tax shall be filed with the	41295
~~tax~~ commissioner, on the form prescribed by the commissioner for	41296
that purpose, within three years from the date the tax stamps are	41297
destroyed or spoiled, from the date of the erroneous payment, or	41298
from the date that cigarettes on which taxes have been paid have	41299
been sold in interstate or foreign commerce or have become	41300
unsalable.	41301

On the filing of the application, the commissioner shall	41302
determine the amount of refund to which the applicant is entitled,	41303
payable from receipts of the state tax, and, if applicable,	41304
payable from receipts of a county tax. If the amount is less than	41305
that claimed, the commissioner shall certify the amount to the	41306
director of budget and management and treasurer of state for	41307
payment from the tax refund fund created by section 5703.052 of	41308
the Revised Code. If the amount is less than that claimed, the	41309
commissioner shall proceed in accordance with section 5703.70 of	41310
the Revised Code.	41311

If a refund is granted for payment of an illegal or erroneous	41312
assessment issued by the department, the refund shall include	41313
interest on the amount of the refund from the date of the	41314
overpayment. The interest shall be computed at the rate per annum	41315
prescribed by section 5703.47 of the Revised Code.	41316

Sec. 5743.051. This section applies to any wholesale or	41317
retail cigarette dealer required by section 5743.05 of the Revised	41318
Code to remit payment for tax stamps ~~and meter impressions~~ by	41319
electronic funds transfer. The tax commissioner shall notify each	41320
dealer of the dealer's obligation to do so and shall maintain an	41321
updated list of those dealers. Failure by the tax commissioner to	41322
notify a dealer subject to this section to remit taxes by	41323
electronic funds transfer does not relieve the dealer of its	41324
obligation to remit taxes by electronic funds transfer.	41325

A dealer required to remit payments by electronic funds	41326
transfer shall remit such payments to the treasurer of state in	41327
the manner prescribed by rules adopted by the treasurer of state	41328
under section 113.061 of the Revised Code and within the time	41329
prescribed for such a dealer by section 5743.05 of the Revised	41330
Code.	41331

A dealer required to remit taxes by electronic funds transfer	41332
may apply to the tax commissioner in the manner prescribed by the	41333
tax commissioner to be excused from that requirement. The tax	41334
commissioner may excuse the dealer from remittance by electronic	41335
funds transfer for good cause shown for the period of time	41336
requested by the dealer or for a portion of that period.	41337

If a dealer required to remit taxes by electronic funds	41338
transfer remits those taxes by some other means, the treasurer of	41339
state shall notify the tax commissioner of the failure to remit by	41340
electronic funds transfer. If the tax commissioner determines that	41341
such failure was not due to reasonable cause or was due to willful	41342
neglect, the tax commissioner may collect an additional charge by	41343
assessment in the manner prescribed by section 5743.081 of the	41344
Revised Code. The additional charge shall equal five per cent of	41345
the amount of the taxes required to be paid by electronic funds	41346
transfer but shall not exceed five thousand dollars. Any	41347
additional charge assessed under this section is in addition to	41348
any other penalty or charge imposed under this chapter and shall	41349
be considered as revenue arising from taxes imposed under this	41350
chapter. The tax commissioner may abate all or a portion of such a	41351
charge and may adopt rules governing such remissions.	41352

No additional charge shall be assessed under this section	41353
against a dealer that has been notified of its obligation to remit	41354
taxes under this section and that remits its first two tax	41355
payments after such notification by some means other than	41356
electronic funds transfer. The additional charge may be assessed	41357
upon the remittance of any subsequent tax payment that the dealer	41358
remits by some means other than electronic funds transfer.	41359

Sec. 5743.112. (A) No person shall prepare for shipment,	41360
ship, transport, deliver, prepare for distribution, or distribute	41361
cigarettes, or otherwise engage or participate in the wholesale or	41362
retail business of trafficking in cigarettes, with the intent to	41363
avoid payment of the tax imposed by this chapter, when the total	41364
number of cigarettes in the aggregate exceeds one thousand two	41365
hundred during any twelve-month period.	41366

(B) Any vending machine containing cigarettes which do not	41367
have affixed the stamps ~~or impressions~~ provided for by sections	41368
5743.03 and 5743.04 of the Revised Code shall be seized and	41369
forfeited to the state in accordance with Chapter 2981. of the	41370
Revised Code. Forfeiture shall not affect the rights of a holder	41371
of a valid lien.	41372

(C) A vehicle that is seized as contraband under Chapter	41373
2981. of the Revised Code because of its use in violation of this	41374
chapter is subject to the procedures set forth in that chapter.	41375

Sec. 5743.32. To provide revenue for the general revenue	41376
fund of the state, an excise tax is hereby levied on the use,	41377
consumption, or storage for consumption of cigarettes by consumers	41378
in this state at the ~~rate of sixty-two and one-half~~following	41379
rates:	41380

(A) From July 1, 2014, through June 30, 2015, seventy-seven	41381
and one-half mills on each cigarette;	41382

(B) On and after July 1, 2015, ninety-two and one-half mills	41383
on each cigarette. ~~The~~	41384

The tax shall not apply if the tax levied by section 5743.02	41385
of the Revised Code has been paid.	41386

The money received into the state treasury from the excise	41387
tax levied by this section shall be credited to the general	41388
revenue fund.	41389

Sec. 5743.51. (A) To provide revenue for the general revenue	41390
fund of the state, an excise tax on tobacco products is hereby	41391
levied at one of the following rates:	41392

(1) For ~~tobacco products other than little cigars, seventeen~~	41393
invoices dated from July 1, 2014, through June 30, 2015, forty-one	41394
per cent of the wholesale price of the tobacco product received by	41395
a distributor or sold by a manufacturer to a retail dealer located	41396
in this state.	41397

(2) For invoices dated ~~October 1, 2013, or later,~~	41398
~~thirty-seven~~on or after July 1, 2015, forty-nine per cent of the	41399
wholesale price of ~~little cigars~~the tobacco product received by	41400
a distributor or sold by a manufacturer to a retail dealer located	41401
in this state.	41402

Each distributor who brings tobacco products, or causes	41403
tobacco products to be brought, into this state for distribution	41404
within this state, or any out-of-state distributor who sells	41405
tobacco products to wholesale or retail dealers located in this	41406
state for resale by those wholesale or retail dealers is liable	41407
for the tax imposed by this section. Only one sale of the same	41408
article shall be used in computing the amount of the tax due.	41409

(B) Except as otherwise provided in this division, the tax	41410
levied under this section on tobacco products described in	41411
division (J)(3) of section 5743.01 of the Revised Code applies to	41412
the entire wholesale price of any such product regardless of	41413
whether the product includes components not containing nicotine.	41414
If the wholesale price of such a product can be readily identified	41415
on an invoice or bill to show the portion of the wholesale price	41416
relating to nicotine-containing products and the portion relating	41417
to products not containing nicotine, the tax applies only to the	41418
cartridges or other components containing nicotine.	41419

(C) The treasurer of state shall place to the credit of the	41420
tax refund fund created by section 5703.052 of the Revised Code,	41421
out of the receipts from the tax levied by this section, amounts	41422
equal to the refunds certified by the tax commissioner pursuant to	41423
section 5743.53 of the Revised Code. The balance of the taxes	41424
collected under this section shall be paid into the general	41425
revenue fund.	41426

~~(C)~~(D) The commissioner may adopt rules as are necessary to	41427
assist in the enforcement and administration of sections 5743.51	41428
to 5743.66 of the Revised Code, including rules providing for the	41429
remission of penalties imposed.	41430

~~(D)~~(E) A manufacturer is not liable for payment of the tax	41431
imposed by this section for sales of tobacco products to a retail	41432
dealer that has filed a signed statement with the manufacturer in	41433
which the retail dealer agrees to pay and be liable for the tax,	41434
as long as the manufacturer has provided a copy of the statement	41435
to the tax commissioner.	41436

Sec. 5743.52. (A) Each distributor of tobacco products	41437
subject to the tax levied by section 5743.51 of the Revised Code,	41438
on or before the ~~last~~twenty-third day of each month, shall file	41439
with the ~~treasurer of state~~tax commissioner a return for the	41440
preceding month showing any information the ~~tax~~ commissioner finds	41441
necessary for the proper administration of sections 5743.51 to	41442
5743.66 of the Revised Code, together with remittance of the tax	41443
due. ~~The treasurer of state shall stamp or otherwise mark on the~~	41444
~~return the date it was received and shall also show thereon by~~	41445
~~stamp or otherwise the amount of payment received with the return.~~	41446
~~Thereafter, the treasurer of state shall immediately transmit all~~	41447
~~returns filed under this section to the tax commissioner.~~ The	41448
return and payment of the tax required by this section shall be	41449
filed in such a manner that it is received by the ~~treasurer of~~	41450
~~state~~commissioner on or before the ~~last~~twenty-third day of the	41451
month following the reporting period. If the return is filed and	41452
the amount of tax shown on the return to be due is paid on or	41453
before the date the return is required to be filed, the	41454
distributor is entitled to a discount equal to two and five-tenths	41455
per cent of the amount shown on the return to be due.	41456

(B) Any person who fails to timely file the return and make	41457
payment of taxes as required under this section, section 5743.62,	41458
or section 5743.63 of the Revised Code may be required to pay an	41459
additional charge not exceeding the greater of fifty dollars or	41460
ten per cent of the tax due. Any additional charge imposed under	41461
this section may be collected by assessment as provided in section	41462
5743.56 of the Revised Code.	41463

(C) If any tax due is not paid timely in accordance with	41464
sections 5743.52, 5743.62, or 5743.63 of the Revised Code, the	41465
person liable for the tax shall pay interest, calculated at the	41466
rate per annum as prescribed by section 5703.47 of the Revised	41467
Code, from the date the tax payment was due to the date of payment	41468
or to the date an assessment is issued under section 5743.56 of	41469
the Revised Code, whichever occurs first. The commissioner may	41470
collect such interest by assessment pursuant to section 5743.56 of	41471
the Revised Code.	41472

(D) The commissioner may authorize the filing of returns and	41473
the payment of the tax required by this section, section 5743.62,	41474
or section 5743.63 of the Revised Code for periods longer than a	41475
calendar month.	41476

(E) The commissioner may order any taxpayer to file with the	41477
commissioner security to the satisfaction of the commissioner	41478
conditioned upon filing the return and paying the taxes required	41479
under this section, section 5743.62, or section 5743.63 of the	41480
Revised Code if the commissioner believes that the collection of	41481
the tax may be in jeopardy.	41482

Sec. 5743.62. (A) To provide revenue for the general revenue	41483
fund of the state, an excise tax is hereby levied on the seller of	41484
tobacco products in this state at one of the following rates:	41485

(1) ~~For tobacco products other than little cigars, seventeen~~	41486
From July 1, 2014, through June 30, 2015, forty-one per cent of	41487
the wholesale price of the tobacco product whenever the tobacco	41488
product is delivered to a consumer in this state for the storage,	41489
use, or other consumption of such tobacco products.	41490

(2) ~~For little cigars, thirty-seven~~On and after July 1,	41491
2015, forty-nine per cent of the wholesale price of the ~~little~~	41492
~~cigars~~tobacco product whenever the ~~little cigars are~~tobacco	41493
product is delivered to a consumer in this state for the storage,	41494
use, or other consumption of the ~~little cigars~~tobacco product.	41495

The tax imposed by this section applies only to sellers	41496
having nexus in this state, as defined in section 5741.01 of the	41497
Revised Code.	41498

(B) Except as otherwise provided in this division, the tax	41499
levied under this section on tobacco products described in	41500
division (J)(3) of section 5743.01 of the Revised Code applies to	41501
the entire wholesale price of any such product regardless of	41502
whether the product includes components not containing nicotine.	41503
If the wholesale price of such a product can be readily identified	41504
on an invoice or bill to show the portion of the wholesale price	41505
relating to nicotine-containing products and the portion relating	41506
to products not containing nicotine, the tax applies only to the	41507
cartridges or other components containing nicotine.	41508

(C) A seller of tobacco products who has nexus in this state	41509
as defined in section 5741.01 of the Revised Code shall register	41510
with the tax commissioner and supply any information concerning	41511
the seller's contacts with this state as may be required by the	41512
tax commissioner. A seller who does not have nexus in this state	41513
may voluntarily register with the tax commissioner. A seller who	41514
voluntarily registers with the tax commissioner is entitled to the	41515
same benefits and is subject to the same duties and requirements	41516
as a seller required to be registered with the tax commissioner	41517
under this division.	41518

~~(C)~~(D) Each seller of tobacco products subject to the tax	41519
levied by this section, on or before the last day of each month,	41520
shall file with the tax commissioner a return for the preceding	41521
month showing any information the tax commissioner finds necessary	41522
for the proper administration of sections 5743.51 to 5743.66 of	41523
the Revised Code, together with remittance of the tax due, payable	41524
to the treasurer of state. The return and payment of the tax	41525
required by this section shall be filed in such a manner that it	41526
is received by the tax commissioner on or before the last day of	41527
the month following the reporting period. If the return is filed	41528
and the amount of the tax shown on the return to be due is paid on	41529
or before the date the return is required to be filed, the seller	41530
is entitled to a discount equal to two and five-tenths per cent of	41531
the amount shown on the return to be due.	41532

~~(D)~~(E) The tax commissioner shall immediately forward to the	41533
treasurer of state all money received from the tax levied by this	41534
section, and the treasurer shall credit the amount to the general	41535
revenue fund.	41536

~~(E)~~(F) Each seller of tobacco products subject to the tax	41537
levied by this section shall mark on the invoices of tobacco	41538
products sold that the tax levied by that section has been paid	41539
and shall indicate the seller's account number as assigned by the	41540
tax commissioner.	41541

Sec. 5743.63. (A) To provide revenue for the general revenue	41542
fund of the state, an excise tax is hereby levied on the storage,	41543
use, or other consumption of tobacco products at one of the	41544
following rates:	41545

(1) ~~For tobacco products other than little cigars, seventeen~~	41546
From July 1, 2014, through June 30, 2015, forty-one per cent of	41547
the wholesale price of the tobacco product.	41548

(2) ~~For little cigars, thirty-seven~~On and after July 1,	41549
2015, forty-nine per cent of the wholesale price of the ~~little~~	41550
~~cigars~~tobacco product.	41551

The tax levied under division (A) of this section is imposed	41552
only if the tax has not been paid by the seller as provided in	41553
section 5743.62 of the Revised Code, or by the distributor as	41554
provided in section 5743.51 of the Revised Code.	41555

(B) Except as otherwise provided in this division, the tax	41556
levied under this section on tobacco products described in	41557
division (J)(3) of section 5743.01 of the Revised Code applies to	41558
the entire wholesale price of any such product regardless of	41559
whether the product includes components not containing nicotine.	41560
If the wholesale price of such a product can be readily identified	41561
on an invoice or bill to show the portion of the wholesale price	41562
relating to nicotine-containing products and the portion relating	41563
to products not containing nicotine, the tax applies only to the	41564
cartridges or other components containing nicotine.	41565

(C) Each person subject to the tax levied by this section, on	41566
or before the last day of each month, shall file with the tax	41567
commissioner a return for the preceding month showing any	41568
information the tax commissioner finds necessary for the proper	41569
administration of sections 5743.51 to 5743.66 of the Revised Code,	41570
together with remittance of the tax due, payable to the treasurer	41571
of state. The return and payment of the tax required by this	41572
section shall be filed in such a manner that it is received by the	41573
tax commissioner on or before the last day of the month following	41574
the reporting period.	41575

~~(C)~~(D) The tax commissioner shall immediately forward to the	41576
treasurer of state all money received from the tax levied by this	41577
section, and the treasurer shall credit the amount to the general	41578
revenue fund.	41579

Sec. 5743.65. No person required by division ~~(B)~~(D) of	41580
section 5743.62 or division ~~(B)~~(C) of section 5743.63 of the	41581
Revised Code to file a return with the ~~treasurer of state~~tax	41582
commissioner shall fail to make the return or fail to pay the	41583
applicable taxes levied under section 5743.62 or 5743.63 of the	41584
Revised Code or fail to pay any lawful assessment issued by the	41585
tax commissioner.	41586

Sec. 5747.02. (A) For the purpose of providing revenue for	41587
the support of schools and local government functions, to provide	41588
relief to property taxpayers, to provide revenue for the general	41589
revenue fund, and to meet the expenses of administering the tax	41590
levied by this chapter, there is hereby levied on every	41591
individual, trust, and estate residing in or earning or receiving	41592
income in this state, on every individual, trust, and estate	41593
earning or receiving lottery winnings, prizes, or awards pursuant	41594
to Chapter 3770. of the Revised Code, on every individual, trust,	41595
and estate earning or receiving winnings on casino gaming, and on	41596
every individual, trust, and estate otherwise having nexus with or	41597
in this state under the Constitution of the United States, an	41598
annual tax measured in the case of individuals by Ohio adjusted	41599
gross income less an exemption for the taxpayer, the taxpayer's	41600
spouse, and each dependent as provided in section 5747.025 of the	41601
Revised Code; measured in the case of trusts by modified Ohio	41602
taxable income under division (D) of this section; and measured in	41603
the case of estates by Ohio taxable income. The tax imposed by	41604
this section on the balance thus obtained is hereby levied as	41605
follows:	41606

(1) For taxable years beginning in 2004:

41607

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		41608
OR		41609
MODIFIED OHIO		41610
TAXABLE INCOME (TRUSTS)		41611
OR		41612
OHIO TAXABLE INCOME (ESTATES)	TAX	41613

$5,000 or less	.743%	41614
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	41615
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	41616
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	41617
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	41618
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	41619
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	41620
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	41621
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	41622

(2) For taxable years beginning in 2005:

41623

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		41624
OR		41625
MODIFIED OHIO		41626
TAXABLE INCOME (TRUSTS)		41627
OR		41628
OHIO TAXABLE INCOME (ESTATES)	TAX	41629

$5,000 or less	.712%	41630
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	41631
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	41632
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	41633
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	41634
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	41635
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	41636
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	41637
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	41638

(3) For taxable years beginning in 2006:

41639

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		41640
OR		41641
MODIFIED OHIO		41642
TAXABLE INCOME (TRUSTS)		41643
OR		41644
OHIO TAXABLE INCOME (ESTATES)	TAX	41645

$5,000 or less	.681%	41646
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	41647
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	41648
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	41649
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	41650
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	41651
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	41652
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	41653
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	41654

(4) For taxable years beginning in 2007:

41655

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		41656
OR		41657
MODIFIED OHIO		41658
TAXABLE INCOME (TRUSTS)		41659
OR		41660
OHIO TAXABLE INCOME (ESTATES)	TAX	41661

$5,000 or less	.649%	41662
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	41663
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	41664
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	41665
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	41666
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	41667
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	41668
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	41669
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	41670

(5) For taxable years beginning in 2008, 2009, or 2010:

41671

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		41672
OR		41673
MODIFIED OHIO		41674
TAXABLE INCOME (TRUSTS)		41675
OR		41676
OHIO TAXABLE INCOME (ESTATES)	TAX	41677

$5,000 or less	.618%	41678
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	41679
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	41680
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	41681
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	41682
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	41683
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	41684
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	41685
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	41686

(6) For taxable years beginning in 2011 or 2012:

41687

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		41688
OR		41689
MODIFIED OHIO		41690
TAXABLE INCOME (TRUSTS)		41691
OR		41692
OHIO TAXABLE INCOME (ESTATES)	TAX	41693

$5,000 or less	.587%	41694
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	41695
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	41696
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	41697
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	41698
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	41699
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	41700
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	41701
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	41702

(7) For taxable years beginning in 2013:

41703

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		41704
OR		41705
MODIFIED OHIO		41706
TAXABLE INCOME (TRUSTS)		41707
OR		41708
OHIO TAXABLE INCOME (ESTATES)	TAX	41709

$5,000 or less	.537%	41710
More than $5,000 but not more than $10,000	$26.86 plus 1.074% of the amount in excess of $5,000	41711
More than $10,000 but not more than $15,000	$80.57 plus 2.148% of the amount in excess of $10,000	41712
More than $15,000 but not more than $20,000	$187.99 plus 2.686% of the amount in excess of $15,000	41713
More than $20,000 but not more than $40,000	$322.26 plus 3.222% of the amount in excess of $20,000	41714
More than $40,000 but not more than $80,000	$966.61 plus 3.760% of the amount in excess of $40,000	41715
More than $80,000 but not more than $100,000	$2,470.50 plus 4.296% of the amount in excess of $80,000	41716
More than $100,000 but not more than $200,000	$3,329.68 plus 4.988% of the amount in excess of $100,000	41717
More than $200,000	$8,317.35 plus 5.421% of the amount in excess of $200,000	41718

(8) For taxable years beginning in 2014:

41719

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		41720
OR		41721
MODIFIED OHIO		41722
TAXABLE INCOME (TRUSTS)		41723
OR		41724
OHIO TAXABLE INCOME (ESTATES)	TAX	41725

$5,000 or less	~~.534~~ .515%	41726
More than $5,000 but not more than $10,000	$~~26.71~~ 25.75 plus ~~1.068~~ 1.031% of the amount in excess of $5,000	41727
More than $10,000 but not more than $15,000	$~~80.13~~ 77.30 plus ~~2.137~~ 2.062% of the amount in excess of $10,000	41728
More than $15,000 but not more than $20,000	$~~186.96~~ 180.40 plus ~~2.671~~ 2.578% of the amount in excess of $15,000	41729
More than $20,000 but not more than $40,000	$~~320.50~~ 309.30 plus ~~3.204~~ 3.092% of the amount in excess of $20,000	41730
More than $40,000 but not more than $80,000	$~~961.32~~ 927.70 plus ~~3.739~~ 3.608% of the amount in excess of $40,000	41731
More than $80,000 but not more than $100,000	$~~2,457.00~~ 2,370.90 plus ~~4.272~~ 4.122% of the amount in excess of $80,000	41732
More than $100,000 but not more than $200,000	$~~3,311.49~~ 3,195.30 plus ~~4.960~~ 4.786% of the amount in excess of $100,000	41733
More than $200,000	$~~8,271.90~~ 7,981.30 plus ~~5.392~~ 5.203% of the amount in excess of $200,000	41734

(9) For taxable years beginning in 2015 ~~or thereafter~~:

41735

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		41736
OR		41737
MODIFIED OHIO		41738
TAXABLE INCOME (TRUSTS)		41739
OR		41740
OHIO TAXABLE INCOME (ESTATES)	TAX	41741

$5,000 or less	~~.528~~ .491%	41742
More than $5,000 but not more than $10,000	$~~26.41~~ 24.55 plus ~~1.057~~ .983% of the amount in excess of $5,000	41743
More than $10,000 but not more than $15,000	$~~79.24~~ 73.70 plus ~~2.113~~ 1.965% of the amount in excess of $10,000	41744
More than $15,000 but not more than $20,000	$~~184.90~~ 171.95 plus ~~2.642~~ 2.457% of the amount in excess of $15,000	41745
More than $20,000 but not more than $40,000	$~~316.98~~ 294.80 plus ~~3.169~~ 2.947% of the amount in excess of $20,000	41746
More than $40,000 but not more than $80,000	$~~950.76~~ 884.20 plus ~~3.698~~ 3.439% of the amount in excess of $40,000	41747
More than $80,000 but not more than $100,000	$~~2,430.00~~ 2,259.80 plus ~~4.226~~ 3.930% of the amount in excess of $80,000	41748
More than $100,000 but not more than $200,000	$~~3,275.10~~ 3,045.80 plus ~~4.906~~ 4.563% of the amount in excess of $100,000	41749
More than $200,000	$~~8,181.00~~ 7,608.80 plus ~~5.333~~ 4.960% of the amount in excess of $200,000	41750

(10) For taxable years beginning in 2016 or thereafter:

41751

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		41752
OR		41753
MODIFIED OHIO		41754
TAXABLE INCOME (TRUSTS)		41755
OR		41756
OHIO TAXABLE INCOME (ESTATES)	TAX	41757

$5,000 or less	.483%	41758
More than $5,000 but not more than $10,000	$24.15 plus .967% of the amount in excess of $5,000	41759
More than $10,000 but not more than $15,000	$72.50 plus 1.933% of the amount in excess of $10,000	41760
More than $15,000 but not more than $20,000	$169.15 plus 2.417% of the amount in excess of $15,000	41761
More than $20,000 but not more than $40,000	$290.00 plus 2.900% of the amount in excess of $20,000	41762
More than $40,000 but not more than $80,000	$870.00 plus 3.384% of the amount in excess of $40,000	41763
More than $80,000 but not more than $100,000	$2,223.60 plus 3.867% of the amount in excess of $80,000	41764
More than $100,000 but not more than $200,000	$2,997.00 plus 4.489% of the amount in excess of $100,000	41765
More than $200,000	$7,486.00 plus 4.880% of the amount in excess of $200,000	41766

Except as otherwise provided in this division, in August of	41767
each year, the tax commissioner shall make a new adjustment to the	41768
income amounts prescribed in this division by multiplying the	41769
percentage increase in the gross domestic product deflator	41770
computed that year under section 5747.025 of the Revised Code by	41771
each of the income amounts resulting from the adjustment under	41772
this division in the preceding year, adding the resulting product	41773
to the corresponding income amount resulting from the adjustment	41774
in the preceding year, and rounding the resulting sum to the	41775
nearest multiple of fifty dollars. The tax commissioner also shall	41776
recompute each of the tax dollar amounts to the extent necessary	41777
to reflect the new adjustment of the income amounts. The rates of	41778
taxation shall not be adjusted.	41779

The adjusted amounts apply to taxable years beginning in the	41780
calendar year in which the adjustments are made and to taxable	41781
years beginning in each ensuing calendar year until a calendar	41782
year in which a new adjustment is made pursuant to this division.	41783
The tax commissioner shall not make a new adjustment in any year	41784
in which the amount resulting from the adjustment would be less	41785
than the amount resulting from the adjustment in the preceding	41786
year. The commissioner shall not make a new adjustment for taxable	41787
years beginning in 2013, 2014, or 2015.	41788

(B) If the director of budget and management makes a	41789
certification to the tax commissioner under division (B) of	41790
section 131.44 of the Revised Code, the amount of tax as	41791
determined under division (A) of this section shall be reduced by	41792
the percentage prescribed in that certification for taxable years	41793
beginning in the calendar year in which that certification is	41794
made.	41795

(C) The levy of this tax on income does not prevent a	41796
municipal corporation, a joint economic development zone created	41797
under section 715.691, or a joint economic development district	41798
created under section 715.70 or 715.71 or sections 715.72 to	41799
715.81 of the Revised Code from levying a tax on income.	41800

(D) This division applies only to taxable years of a trust	41801
beginning in 2002 or thereafter.	41802

(1) The tax imposed by this section on a trust shall be	41803
computed by multiplying the Ohio modified taxable income of the	41804
trust by the rates prescribed by division (A) of this section.	41805

(2) A resident trust may claim a credit against the tax	41806
computed under division (D) of this section equal to the lesser of	41807
(1) the tax paid to another state or the District of Columbia on	41808
the resident trust's modified nonbusiness income, other than the	41809
portion of the resident trust's nonbusiness income that is	41810
qualifying investment income as defined in section 5747.012 of the	41811
Revised Code, or (2) the effective tax rate, based on modified	41812
Ohio taxable income, multiplied by the resident trust's modified	41813
nonbusiness income other than the portion of the resident trust's	41814
nonbusiness income that is qualifying investment income. The	41815
credit applies before any other applicable credits.	41816

(3) The credits enumerated in divisions (A)(1) to (13) of	41817
section 5747.98 of the Revised Code do not apply to a trust	41818
subject to division (D) of this section. Any credits enumerated in	41819
other divisions of section 5747.98 of the Revised Code apply to a	41820
trust subject to division (D) of this section. To the extent that	41821
the trust distributes income for the taxable year for which a	41822
credit is available to the trust, the credit shall be shared by	41823
the trust and its beneficiaries. The tax commissioner and the	41824
trust shall be guided by applicable regulations of the United	41825
States treasury regarding the sharing of credits.	41826

(E) For the purposes of this section, "trust" means any trust	41827
described in Subchapter J of Chapter 1 of the Internal Revenue	41828
Code, excluding trusts that are not irrevocable as defined in	41829
division (I)(3)(b) of section 5747.01 of the Revised Code and that	41830
have no modified Ohio taxable income for the taxable year,	41831
charitable remainder trusts, qualified funeral trusts and preneed	41832
funeral contract trusts established pursuant to sections 4717.31	41833
to 4717.38 of the Revised Code that are not qualified funeral	41834
trusts, endowment and perpetual care trusts, qualified settlement	41835
trusts and funds, designated settlement trusts and funds, and	41836
trusts exempted from taxation under section 501(a) of the Internal	41837
Revenue Code.	41838

Sec. 5747.025. (A) ~~Except as otherwise provided in this~~	41839
~~division~~For taxable years beginning in 2014 or 2015, the personal	41840
exemption for the taxpayer ~~and~~, the taxpayer's spouse, and each	41841
dependent shall be ~~seven hundred fifty dollars each for the~~	41842
~~taxable year beginning in 1996, eight hundred fifty dollars each~~	41843
~~for the taxable year beginning in 1997, nine hundred fifty dollars~~	41844
~~each for the taxable year beginning in 1998, and one thousand~~	41845
~~fifty dollars each for the taxable year beginning in 1999 and~~	41846
~~taxable years beginning after 1999. The~~one of the following	41847
amounts:	41848

(1) Two thousand seven hundred dollars if the taxpayer's Ohio	41849
adjusted gross income for the taxable year as shown on an	41850
individual or joint annual return is less than or equal to forty	41851
thousand dollars;	41852

(2) Two thousand two hundred dollars if the taxpayer's Ohio	41853
adjusted gross income for the taxable year as shown on an	41854
individual or joint annual return is greater than forty thousand	41855
dollars but less than or equal to eighty thousand dollars;	41856

(3) One thousand seven hundred dollars if the taxpayer's Ohio	41857
adjusted gross income for the taxable year as shown on an	41858
individual or joint annual return is greater than eighty thousand	41859
dollars.	41860

(B) For taxable years beginning in 2016 and thereafter, the	41861
personal exemption ~~amount~~amounts prescribed in ~~this~~ division ~~for~~	41862
~~taxable years beginning after 1999~~(A) of this section shall be	41863
adjusted each year in the manner prescribed in division (C) of	41864
this section. In the case of an individual with respect to whom an	41865
exemption under section 5747.02 of the Revised Code is allowable	41866
to another taxpayer for a taxable year beginning in the calendar	41867
year in which the individual's taxable year begins, the exemption	41868
amount applicable to such individual for such individual's taxable	41869
year shall be zero.	41870

~~(B) The personal exemption for each dependent shall be eight~~	41871
~~hundred fifty dollars for the taxable year beginning in 1996, and~~	41872
~~one thousand fifty dollars for the taxable year beginning in 1997~~	41873
~~and taxable years beginning after 1997. The personal exemption~~	41874
~~amount prescribed in this division for taxable years beginning~~	41875
~~after 1999 shall be adjusted each year in the manner prescribed in~~	41876
~~division (C) of this section.~~	41877

(C) Except as otherwise provided in this division, in August	41878
of each year, the tax commissioner shall determine the percentage	41879
increase in the gross domestic product deflator determined by the	41880
bureau of economic analysis of the United States department of	41881
commerce from the first day of January of the preceding calendar	41882
year to the last day of December of the preceding year, and make a	41883
new adjustment to the personal exemption amount for taxable years	41884
beginning in the current calendar year by multiplying that amount	41885
by the percentage increase in the gross domestic product deflator	41886
for that period; adding the resulting product to the personal	41887
exemption amount for taxable years beginning in the preceding	41888
calendar year; and rounding the resulting sum upward to the	41889
nearest multiple of fifty dollars. The adjusted amount applies to	41890
taxable years beginning in the calendar year in which the	41891
adjustment is made and to taxable years beginning in each ensuing	41892
calendar year until a calendar year in which a new adjustment is	41893
made pursuant to this division. The commissioner shall not make a	41894
new adjustment in any calendar year in which the amount resulting	41895
from the adjustment would be less than the amount resulting from	41896
the adjustment in the preceding calendar year. ~~The commissioner~~	41897
~~shall not make a new adjustment for taxable years beginning in~~	41898
~~2013, 2014, or 2015.~~	41899

Sec. 5747.08. An annual return with respect to the tax	41900
imposed by section 5747.02 of the Revised Code and each tax	41901
imposed under Chapter 5748. of the Revised Code shall be made by	41902
every taxpayer for any taxable year for which the taxpayer is	41903
liable for the tax imposed by that section or under that chapter,	41904
unless the total credits allowed under divisions (E), (F), and (G)	41905
of section 5747.05 of the Revised Code for the year are equal to	41906
or exceed the tax imposed by section 5747.02 of the Revised Code,	41907
in which case no return shall be required unless the taxpayer is	41908
liable for a tax imposed pursuant to Chapter 5748. of the Revised	41909
Code.	41910

(A) If an individual is deceased, any return or notice	41911
required of that individual under this chapter shall be made and	41912
filed by that decedent's executor, administrator, or other person	41913
charged with the property of that decedent.	41914

(B) If an individual is unable to make a return or notice	41915
required by this chapter, the return or notice required of that	41916
individual shall be made and filed by the individual's duly	41917
authorized agent, guardian, conservator, fiduciary, or other	41918
person charged with the care of the person or property of that	41919
individual.	41920

(C) Returns or notices required of an estate or a trust shall	41921
be made and filed by the fiduciary of the estate or trust.	41922

(D)(1)(a) Except as otherwise provided in division (D)(1)(b)	41923
of this section, any pass-through entity may file a single return	41924
on behalf of one or more of the entity's investors other than an	41925
investor that is a person subject to the tax imposed under section	41926
5733.06 of the Revised Code. The single return shall set forth the	41927
name, address, and social security number or other identifying	41928
number of each of those pass-through entity investors and shall	41929
indicate the distributive share of each of those pass-through	41930
entity investor's income taxable in this state in accordance with	41931
sections 5747.20 to 5747.231 of the Revised Code. Such	41932
pass-through entity investors for whom the pass-through entity	41933
elects to file a single return are not entitled to the exemption	41934
or credit provided for by sections 5747.02 and 5747.022 of the	41935
Revised Code; shall calculate the tax before business credits at	41936
the highest rate of tax set forth in section 5747.02 of the	41937
Revised Code for the taxable year for which the return is filed;	41938
and are entitled to only their distributive share of the business	41939
credits as defined in division (D)(2) of this section. A single	41940
check drawn by the pass-through entity shall accompany the return	41941
in full payment of the tax due, as shown on the single return, for	41942
such investors, other than investors who are persons subject to	41943
the tax imposed under section 5733.06 of the Revised Code.	41944

(b)(i) A pass-through entity shall not include in such a	41945
single return any investor that is a trust to the extent that any	41946
direct or indirect current, future, or contingent beneficiary of	41947
the trust is a person subject to the tax imposed under section	41948
5733.06 of the Revised Code.	41949

(ii) A pass-through entity shall not include in such a single	41950
return any investor that is itself a pass-through entity to the	41951
extent that any direct or indirect investor in the second	41952
pass-through entity is a person subject to the tax imposed under	41953
section 5733.06 of the Revised Code.	41954

(c) Nothing in division (D) of this section precludes the tax	41955
commissioner from requiring such investors to file the return and	41956
make the payment of taxes and related interest, penalty, and	41957
interest penalty required by this section or section 5747.02,	41958
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)	41959
of this section precludes such an investor from filing the annual	41960
return under this section, utilizing the refundable credit equal	41961
to the investor's proportionate share of the tax paid by the	41962
pass-through entity on behalf of the investor under division (J)	41963
of this section, and making the payment of taxes imposed under	41964
section 5747.02 of the Revised Code. Nothing in division (D) of	41965
this section shall be construed to provide to such an investor or	41966
pass-through entity any additional deduction or credit, other than	41967
the credit provided by division (J) of this section, solely on	41968
account of the entity's filing a return in accordance with this	41969
section. Such a pass-through entity also shall make the filing and	41970
payment of estimated taxes on behalf of the pass-through entity	41971
investors other than an investor that is a person subject to the	41972
tax imposed under section 5733.06 of the Revised Code.	41973

(2) For the purposes of this section, "business credits"	41974
means the credits listed in section 5747.98 of the Revised Code	41975
excluding the following credits:	41976

(a) The retirement credit under division (B) of section	41977
5747.055 of the Revised Code;	41978

(b) The senior citizen credit under division (C) of section	41979
5747.05 of the Revised Code;	41980

(c) The lump sum distribution credit under division (D) of	41981
section 5747.05 of the Revised Code;	41982

(d) The dependent care credit under section 5747.054 of the	41983
Revised Code;	41984

(e) The lump sum retirement income credit under division (C)	41985
of section 5747.055 of the Revised Code;	41986

(f) The lump sum retirement income credit under division (D)	41987
of section 5747.055 of the Revised Code;	41988

(g) The lump sum retirement income credit under division (E)	41989
of section 5747.055 of the Revised Code;	41990

(h) The credit for displaced workers who pay for job training	41991
under section 5747.27 of the Revised Code;	41992

(i) The twenty-dollar personal exemption credit under section	41993
5747.022 of the Revised Code;	41994

(j) The joint filing credit under division (G) of section	41995
5747.05 of the Revised Code;	41996

(k) The nonresident credit under division (A) of section	41997
5747.05 of the Revised Code;	41998

(l) The credit for a resident's out-of-state income under	41999
division (B) of section 5747.05 of the Revised Code;	42000

(m) The low-income credit under section 5747.056 of the	42001
Revised Code;	42002

(n) The earned income tax credit under section 5747.71 of the	42003
Revised Code.	42004

(3) The election provided for under division (D) of this	42005
section applies only to the taxable year for which the election is	42006
made by the pass-through entity. Unless the tax commissioner	42007
provides otherwise, this election, once made, is binding and	42008
irrevocable for the taxable year for which the election is made.	42009
Nothing in this division shall be construed to provide for any	42010
deduction or credit that would not be allowable if a nonresident	42011
pass-through entity investor were to file an annual return.	42012

(4) If a pass-through entity makes the election provided for	42013
under division (D) of this section, the pass-through entity shall	42014
be liable for any additional taxes, interest, interest penalty, or	42015
penalties imposed by this chapter if the tax commissioner finds	42016
that the single return does not reflect the correct tax due by the	42017
pass-through entity investors covered by that return. Nothing in	42018
this division shall be construed to limit or alter the liability,	42019
if any, imposed on pass-through entity investors for unpaid or	42020
underpaid taxes, interest, interest penalty, or penalties as a	42021
result of the pass-through entity's making the election provided	42022
for under division (D) of this section. For the purposes of	42023
division (D) of this section, "correct tax due" means the tax that	42024
would have been paid by the pass-through entity had the single	42025
return been filed in a manner reflecting the commissioner's	42026
findings. Nothing in division (D) of this section shall be	42027
construed to make or hold a pass-through entity liable for tax	42028
attributable to a pass-through entity investor's income from a	42029
source other than the pass-through entity electing to file the	42030
single return.	42031

(E) If a husband and wife file a joint federal income tax	42032
return for a taxable year, they shall file a joint return under	42033
this section for that taxable year, and their liabilities are	42034
joint and several, but, if the federal income tax liability of	42035
either spouse is determined on a separate federal income tax	42036
return, they shall file separate returns under this section.	42037

If either spouse is not required to file a federal income tax	42038
return and either or both are required to file a return pursuant	42039
to this chapter, they may elect to file separate or joint returns,	42040
and, pursuant to that election, their liabilities are separate or	42041
joint and several. If a husband and wife file separate returns	42042
pursuant to this chapter, each must claim the taxpayer's own	42043
exemption, but not both, as authorized under section 5747.02 of	42044
the Revised Code on the taxpayer's own return.	42045

(F) Each return or notice required to be filed under this	42046
section shall contain the signature of the taxpayer or the	42047
taxpayer's duly authorized agent and of the person who prepared	42048
the return for the taxpayer, and shall include the taxpayer's	42049
social security number. Each return shall be verified by a	42050
declaration under the penalties of perjury. The tax commissioner	42051
shall prescribe the form that the signature and declaration shall	42052
take.	42053

(G) Each return or notice required to be filed under this	42054
section shall be made and filed as required by section 5747.04 of	42055
the Revised Code, on or before the fifteenth day of April of each	42056
year, on forms that the tax commissioner shall prescribe, together	42057
with remittance made payable to the treasurer of state in the	42058
combined amount of the state and all school district income taxes	42059
shown to be due on the form.	42060

Upon good cause shown, the commissioner may extend the period	42061
for filing any notice or return required to be filed under this	42062
section and may adopt rules relating to extensions. If the	42063
extension results in an extension of time for the payment of any	42064
state or school district income tax liability with respect to	42065
which the return is filed, the taxpayer shall pay at the time the	42066
tax liability is paid an amount of interest computed at the rate	42067
per annum prescribed by section 5703.47 of the Revised Code on	42068
that liability from the time that payment is due without extension	42069
to the time of actual payment. Except as provided in section	42070
5747.132 of the Revised Code, in addition to all other interest	42071
charges and penalties, all taxes imposed under this chapter or	42072
Chapter 5748. of the Revised Code and remaining unpaid after they	42073
become due, except combined amounts due of one dollar or less,	42074
bear interest at the rate per annum prescribed by section 5703.47	42075
of the Revised Code until paid or until the day an assessment is	42076
issued under section 5747.13 of the Revised Code, whichever occurs	42077
first.	42078

If the commissioner considers it necessary in order to ensure	42079
the payment of the tax imposed by section 5747.02 of the Revised	42080
Code or any tax imposed under Chapter 5748. of the Revised Code,	42081
the commissioner may require returns and payments to be made	42082
otherwise than as provided in this section.	42083

To the extent that any provision in this division conflicts	42084
with any provision in section 5747.026 of the Revised Code, the	42085
provision in that section prevails.	42086

(H) ~~If any report, claim, statement, or other document~~	42087
~~required to be filed, or any payment required to be made, within a~~	42088
~~prescribed period or on or before a prescribed date under this~~	42089
~~chapter is delivered after that period or that date by United~~	42090
~~States mail to the agency, officer, or office with which the~~	42091
~~report, claim, statement, or other document is required to be~~	42092
~~filed, or to which the payment is required to be made, the date of~~	42093
~~the postmark stamped on the cover in which the report, claim,~~	42094
~~statement, or other document, or payment is mailed shall be deemed~~	42095
~~to be the date of delivery or the date of payment.~~	42096

~~If a payment is required to be made by electronic funds~~	42097
~~transfer pursuant to section 5747.072 of the Revised Code, the~~	42098
~~payment is considered to be made when the payment is received by~~	42099
~~the treasurer of state or credited to an account designated by the~~	42100
~~treasurer of state for the receipt of tax payments.~~	42101

~~"The date of the postmark" means, in the event there is more~~	42102
~~than one date on the cover, the earliest date imprinted on the~~	42103
~~cover by the United States postal service.~~	42104

~~(I)~~ The amounts withheld by an employer pursuant to section	42105
5747.06 of the Revised Code, a casino operator pursuant to section	42106
5747.063 of the Revised Code, or a lottery sales agent pursuant to	42107
section 5747.064 of the Revised Code shall be allowed to the	42108
recipient of the compensation casino winnings, or lottery prize	42109
award as credits against payment of the appropriate taxes imposed	42110
on the recipient by section 5747.02 and under Chapter 5748. of the	42111
Revised Code.	42112

~~(J)~~(I) If a pass-through entity elects to file a single	42113
return under division (D) of this section and if any investor is	42114
required to file the annual return and make the payment of taxes	42115
required by this chapter on account of the investor's other income	42116
that is not included in a single return filed by a pass-through	42117
entity or any other investor elects to file the annual return, the	42118
investor is entitled to a refundable credit equal to the	42119
investor's proportionate share of the tax paid by the pass-through	42120
entity on behalf of the investor. The investor shall claim the	42121
credit for the investor's taxable year in which or with which ends	42122
the taxable year of the pass-through entity. Nothing in this	42123
chapter shall be construed to allow any credit provided in this	42124
chapter to be claimed more than once. For the purpose of computing	42125
any interest, penalty, or interest penalty, the investor shall be	42126
deemed to have paid the refundable credit provided by this	42127
division on the day that the pass-through entity paid the	42128
estimated tax or the tax giving rise to the credit.	42129

~~(K)~~(J) The tax commissioner shall ensure that each return	42130
required to be filed under this section includes a box that the	42131
taxpayer may check to authorize a paid tax preparer who prepared	42132
the return to communicate with the department of taxation about	42133
matters pertaining to the return. The return or instructions	42134
accompanying the return shall indicate that by checking the box	42135
the taxpayer authorizes the department of taxation to contact the	42136
preparer concerning questions that arise during the processing of	42137
the return and authorizes the preparer only to provide the	42138
department with information that is missing from the return, to	42139
contact the department for information about the processing of the	42140
return or the status of the taxpayer's refund or payments, and to	42141
respond to notices about mathematical errors, offsets, or return	42142
preparation that the taxpayer has received from the department and	42143
has shown to the preparer.	42144

~~(L)~~(K) The tax commissioner shall permit individual taxpayers	42145
to instruct the department of taxation to cause any refund of	42146
overpaid taxes to be deposited directly into a checking account,	42147
savings account, or an individual retirement account or individual	42148
retirement annuity, or preexisting college savings plan or program	42149
account offered by the Ohio tuition trust authority under Chapter	42150
3334. of the Revised Code, as designated by the taxpayer, when the	42151
taxpayer files the annual return required by this section	42152
electronically.	42153

~~(M)~~(L) The tax commissioner may adopt rules to administer	42154
this section.	42155

Sec. 5747.71. ~~For taxable years beginning on or after~~	42156
~~January 1, 2013, there~~There is hereby allowed a nonrefundable	42157
credit against the tax imposed by section 5747.02 of the Revised	42158
Code for a taxpayer who is an "eligible individual" as defined in	42159
section 32 of the Internal Revenue Code. The credit shall equal	42160
five per cent of the credit allowed on the taxpayer's federal	42161
income tax return pursuant to section 32 of the Internal Revenue	42162
Code for ~~the~~ taxable ~~year~~years beginning in 2013, and fifteen per	42163
cent of the federal credit allowed for taxable years beginning in	42164
or after 2014. If the Ohio adjusted gross income of the taxpayer,	42165
or the taxpayer and the taxpayer's spouse if the taxpayer and the	42166
taxpayer's spouse file a joint return under section 5747.08 of the	42167
Revised Code, less applicable exemptions under section 5747.025 of	42168
the Revised Code, exceeds twenty thousand dollars, the credit	42169
authorized by this section shall not exceed fifty per cent of the	42170
amount of tax otherwise due under section 5747.02 of the Revised	42171
Code after deducting any other nonrefundable credits that precede	42172
the credit allowed under this section in the order prescribed by	42173
section 5747.98 of the Revised Code except for the joint filing	42174
credit authorized under division (G) of section 5747.05 of the	42175
Revised Code. In all other cases, the credit authorized by this	42176
section shall not exceed the amount of tax otherwise due under	42177
section 5747.02 of the Revised Code after deducting any other	42178
nonrefundable credits that precede the credit allowed under this	42179
section in the order prescribed by section 5747.98 of the Revised	42180
Code.	42181

The credit shall be claimed in the order prescribed by	42182
section 5747.98 of the Revised Code.	42183

Sec. 5747.98. (A) To provide a uniform procedure for	42184
calculating the amount of tax due under section 5747.02 of the	42185
Revised Code, a taxpayer shall claim any credits to which the	42186
taxpayer is entitled in the following order:	42187

(1) The retirement income credit under division (B) of	42188
section 5747.055 of the Revised Code;	42189

(2) The senior citizen credit under division (C) of section	42190
5747.05 of the Revised Code;	42191

(3) The lump sum distribution credit under division (D) of	42192
section 5747.05 of the Revised Code;	42193

(4) The dependent care credit under section 5747.054 of the	42194
Revised Code;	42195

(5) The lump sum retirement income credit under division (C)	42196
of section 5747.055 of the Revised Code;	42197

(6) The lump sum retirement income credit under division (D)	42198
of section 5747.055 of the Revised Code;	42199

(7) The lump sum retirement income credit under division (E)	42200
of section 5747.055 of the Revised Code;	42201

(8) The low-income credit under section 5747.056 of the	42202
Revised Code;	42203

(9) The credit for displaced workers who pay for job training	42204
under section 5747.27 of the Revised Code;	42205

(10) The campaign contribution credit under section 5747.29	42206
of the Revised Code;	42207

(11) The twenty-dollar personal exemption credit under	42208
section 5747.022 of the Revised Code;	42209

(12) The joint filing credit under division (G) of section	42210
5747.05 of the Revised Code;	42211

(13) The nonresident credit under division (A) of section	42212
5747.05 of the Revised Code;	42213

(14) The credit for a resident's out-of-state income under	42214
division (B) of section 5747.05 of the Revised Code;	42215

(15) The earned income credit under section 5747.71 of the	42216
Revised Code;	42217

(16) The credit for employers that reimburse employee child	42218
care expenses under section 5747.36 of the Revised Code;	42219

(17) The credit for adoption of a minor child under section	42220
5747.37 of the Revised Code;	42221

(18) The credit for purchases of lights and reflectors under	42222
section 5747.38 of the Revised Code;	42223

(19) The nonrefundable job retention credit under division	42224
(B) of section 5747.058 of the Revised Code;	42225

(20) The credit for selling alternative fuel under section	42226
5747.77 of the Revised Code;	42227

(21) The second credit for purchases of new manufacturing	42228
machinery and equipment and the credit for using Ohio coal under	42229
section 5747.31 of the Revised Code;	42230

(22) The job training credit under section 5747.39 of the	42231
Revised Code;	42232

(23) The enterprise zone credit under section 5709.66 of the	42233
Revised Code;	42234

(24) The credit for the eligible costs associated with a	42235
voluntary action under section 5747.32 of the Revised Code;	42236

(25) The credit for employers that establish on-site child	42237
day-care centers under section 5747.35 of the Revised Code;	42238

(26) The ethanol plant investment credit under section	42239
5747.75 of the Revised Code;	42240

(27) The credit for purchases of qualifying grape production	42241
property under section 5747.28 of the Revised Code;	42242

(28) The small business investment credit under section	42243
5747.81 of the Revised Code;	42244

(29) The enterprise zone credits under section 5709.65 of the	42245
Revised Code;	42246

(30) The research and development credit under section	42247
5747.331 of the Revised Code;	42248

(31) The credit for rehabilitating a historic building under	42249
section 5747.76 of the Revised Code;	42250

(32) The refundable credit for rehabilitating a historic	42251
building under section 5747.76 of the Revised Code;	42252

(33) The refundable jobs creation credit or job retention	42253
credit under division (A) of section 5747.058 of the Revised Code;	42254

(34) The refundable credit for taxes paid by a qualifying	42255
entity granted under section 5747.059 of the Revised Code;	42256

(35) The refundable credits for taxes paid by a qualifying	42257
pass-through entity granted under division ~~(J)~~(I) of section	42258
5747.08 of the Revised Code;	42259

(36) The refundable credit under section 5747.80 of the	42260
Revised Code for losses on loans made to the Ohio venture capital	42261
program under sections 150.01 to 150.10 of the Revised Code;	42262

(37) The refundable motion picture production credit under	42263
section 5747.66 of the Revised Code.;	42264

(38) The refundable credit for financial institution taxes	42265
paid by a pass-through entity granted under section 5747.65 of the	42266
Revised Code.	42267

(B) For any credit, except the refundable credits enumerated	42268
in this section and the credit granted under division (I) of	42269
section 5747.08 of the Revised Code, the amount of the credit for	42270
a taxable year shall not exceed the tax due after allowing for any	42271
other credit that precedes it in the order required under this	42272
section. Any excess amount of a particular credit may be carried	42273
forward if authorized under the section creating that credit.	42274
Nothing in this chapter shall be construed to allow a taxpayer to	42275
claim, directly or indirectly, a credit more than once for a	42276
taxable year.	42277

Sec. 5749.01. As used in this chapter:

42278

(A) "Ton" shall mean two thousand pounds as measured at the	42279
point and time of severance, after the removal of any impurities,	42280
under such rules and regulations as the tax commissioner may	42281
prescribe.	42282

(B) "Taxpayer" means any person required to pay ~~the~~any tax	42283
levied by Chapter 5749. of the Revised Code.	42284

(C) "Natural resource" means all forms of coal, salt,	42285
limestone, dolomite, sand, gravel, ~~natural~~ gas, and oil.	42286

(D) "~~Owner~~Horizontal well" has the same meaning as in	42287
section 1509.01 of the Revised Code.	42288

(E) "Person" means any individual, firm, partnership,	42289
association, joint stock company, corporation, or estate, or	42290
combination thereof.	42291

(F) "Return" means any report or statement required to be	42292
filed pursuant to Chapter 5749. of the Revised Code used to	42293
determine the tax due.	42294

(G) "Severance" means the extraction or other removal of a	42295
natural resource from the soil or water of this state.	42296

(H) "Severed" means the point at which the natural resource	42297
has been separated from the soil or water in this state.	42298

(I) "Severer" means ~~any~~one of the following:

42299

(1) For the purposes of a tax levied under division (A) of	42300
section 5749.02 of the Revised Code, the person who actually	42301
removes the natural resources from the soil or water in this	42302
state.	42303

(2) For the purposes of the tax levied under division (B) of	42304
section 5749.02 of the Revised Code, the person that has the right	42305
to sell the oil or gas severed through use of a horizontal well.	42306

(J) "Oil" means crude petroleum oil and all other	42307
hydrocarbons, regardless of gravity, that are produced in liquid	42308
form by ordinary production methods, including condensate.	42309

(K) "Gas" means all hydrocarbons that are in the gaseous	42310
phase at standard temperature and pressure.	42311

(L) "Condensate" means liquid hydrocarbons that were	42312
originally in the gaseous phase in the reservoir.	42313

(M) "Natural gas liquids" means gas with a British thermal	42314
unit measurement greater than one thousand fifty at the time the	42315
gas is severed.	42316

(N) "British thermal unit" means the measure of heat energy	42317
required to raise the temperature of one pound of water by one	42318
degree fahrenheit at a specified temperature.	42319

(O) "Gross receipts" means one of the following:

42320

(1) The total amount received by a severer, without deduction	42321
for the cost of goods sold or other expenses incurred, from the	42322
first sale of oil or gas severed through use of a horizontal well	42323
from the soil or water of this state made at arm's length,	42324
regardless of where title passes, including the fair market value	42325
of any property and any services received, and any debt	42326
transferred or forgiven as consideration. For the purposes of	42327
division (O)(1) of this section, "amount received" includes	42328
amounts accrued under the accrual method of accounting.	42329

(2) For oil and gas severed through use of a horizontal well	42330
from the soil or water of this state, the first sale of which is	42331
not at arm's length, the product of the average annual spot price	42332
certified by the tax commissioner under division (E) of section	42333
5749.02 of the Revised Code for the preceding year multiplied by	42334
the quantity of such oil and gas, including natural gas liquids,	42335
so sold.	42336

(P) "First sale" means the first point after the production	42337
of oil or gas from a severer's horizontal well at which the	42338
severer transfers ownership of the oil or gas.	42339

(Q) "Average annual spot price" means the following spot	42340
prices reported for the preceding twelve months or by the United	42341
States energy information administration or, if that source is not	42342
available, by another publicly available source determined by the	42343
tax commissioner:	42344

(1) For oil, the average of each day's closing spot price of	42345
crude oil.	42346

(2) For gas that is not natural gas liquids, the average of	42347
each day's closing spot price of natural gas.	42348

(3) For natural gas liquids, the average of each day's	42349
closing spot price of natural gas plant liquids composite.	42350

(R) "First day of production" means the day on which oil or	42351
gas is first severed through the use of a horizontal well. "First	42352
day of production" does not include days on which gas is flared	42353
from a horizontal well solely for testing and oil is not produced	42354
when the gas is flared.	42355

(S) "Former section 1509.50 of the Revised Code" means	42356
section 1509.50 of the Revised Code as it existed before its	42357
repeal by H.B. .... of the 130th general assembly.	42358

Sec. 5749.02. (A) For the purpose of providing revenue to	42359
administer the state's coal mining and reclamation regulatory	42360
program, to administer the state's oil and gas regulatory program,	42361
to meet the environmental and resource management needs of this	42362
state, and to reclaim land affected by mining, an excise tax is	42363
hereby levied on the privilege of engaging in the severance of	42364
natural resources from the soil or water of this state. The tax	42365
shall be imposed upon the severer at the rates prescribed by	42366
divisions (A)(1) to (9) of this section:	42367

(1) Ten cents per ton of coal;

42368

(2) Four cents per ton of salt;

42369

(3) Two cents per ton of limestone or dolomite;

42370

(4) Two cents per ton of sand and gravel;

42371

(5) ~~Ten~~Twenty cents per barrel of oil severed from a well	42372
that is not a horizontal well;	42373

(6) ~~Two and one-half~~Three cents per thousand cubic feet of	42374
~~natural~~ gas severed from a well that is not a horizontal well;	42375

(7) One cent per ton of clay, sandstone or conglomerate,	42376
shale, gypsum, or quartzite;	42377

(8) Except as otherwise provided in this division or in rules	42378
adopted by the reclamation forfeiture fund advisory board under	42379
section 1513.182 of the Revised Code, an additional fourteen cents	42380
per ton of coal produced from an area under a coal mining and	42381
reclamation permit issued under Chapter 1513. of the Revised Code	42382
for which the performance security is provided under division	42383
(C)(2) of section 1513.08 of the Revised Code. Beginning July 1,	42384
2007, if at the end of a fiscal biennium the balance of the	42385
reclamation forfeiture fund created in section 1513.18 of the	42386
Revised Code is equal to or greater than ten million dollars, the	42387
rate levied shall be twelve cents per ton. Beginning July 1, 2007,	42388
if at the end of a fiscal biennium the balance of the fund is at	42389
least five million dollars, but less than ten million dollars, the	42390
rate levied shall be fourteen cents per ton. Beginning July 1,	42391
2007, if at the end of a fiscal biennium the balance of the fund	42392
is less than five million dollars, the rate levied shall be	42393
sixteen cents per ton. Beginning July 1, 2009, not later than	42394
thirty days after the close of a fiscal biennium, the chief of the	42395
division of mineral resources management shall certify to the tax	42396
commissioner the amount of the balance of the reclamation	42397
forfeiture fund as of the close of the fiscal biennium. Any	42398
necessary adjustment of the rate levied shall take effect on the	42399
first day of the following January and shall remain in effect	42400
during the calendar biennium that begins on that date.	42401

(9) An additional one and two-tenths cents per ton of coal	42402
mined by surface mining methods.	42403

(B) For the purpose of funding the needs of local governments	42404
in this state and the general revenue fund, there is hereby levied	42405
a tax on the privilege of engaging in the severance of oil and gas	42406
from the soil or water of this state using a horizontal well. The	42407
tax shall be imposed on the gross receipts of a severer from oil	42408
and gas severed from a horizontal well on or after July 1, 2014.	42409
The tax shall be levied at the rate of two and three-fourths per	42410
cent of the severer's gross receipts from that oil and gas.	42411

(C) After the director of budget and management transfers	42412
money from the severance tax receipts fund as required in division	42413
(H) of section 5749.06 of the Revised Code, money remaining in the	42414
severance tax receipts fund~~, except for money in the fund from the~~	42415
~~amounts due under section 1509.50 of the Revised Code,~~ shall be	42416
credited as follows:	42417

(1) Of the moneys in the fund from the tax levied in division	42418
(A)(1) of this section, four and seventy-six-hundredths per cent	42419
shall be credited to the geological mapping fund created in	42420
section 1505.09 of the Revised Code, eighty and	42421
ninety-five-hundredths per cent shall be credited to the coal	42422
mining administration and reclamation reserve fund created in	42423
section 1513.181 of the Revised Code, and fourteen and	42424
twenty-nine-hundredths per cent shall be credited to the	42425
unreclaimed lands fund created in section 1513.30 of the Revised	42426
Code.	42427

(2) The money in the fund from the tax levied in division	42428
(A)(2) of this section shall be credited to the geological mapping	42429
fund.	42430

(3) Of the moneys in the fund from the tax levied in	42431
divisions (A)(3) and (4) of this section, seven and five-tenths	42432
per cent shall be credited to the geological mapping fund,	42433
forty-two and five-tenths per cent shall be credited to the	42434
unreclaimed lands fund, and the remainder shall be credited to the	42435
surface mining fund created in section 1514.06 of the Revised	42436
Code.	42437

(4) Of the moneys in the fund from the tax levied in	42438
divisions (A)(5) and (6) of this section, ninety per cent shall be	42439
credited to the oil and gas well fund created in section 1509.02	42440
of the Revised Code and ten per cent shall be credited to the	42441
geological mapping fund. All of the moneys in the fund from the	42442
tax levied in division (A)(7) of this section shall be credited to	42443
the surface mining fund.	42444

(5) All of the moneys in the fund from the tax levied in	42445
division (A)(8) of this section shall be credited to the	42446
reclamation forfeiture fund.	42447

(6) All of the moneys in the fund from the tax levied in	42448
division (A)(9) of this section shall be credited to the	42449
unreclaimed lands fund.	42450

(7)(a)(i) On the first day of July of each year, or as soon	42451
as practicable thereafter, the director of budget and management	42452
shall certify to the tax commissioner a schedule listing amounts	42453
from the severance tax receipts fund from the tax levied under	42454
division (B) of this section that the director will credit to the	42455
oil and gas well fund and geological mapping fund in each month of	42456
the fiscal year. In determining the amount to be transferred each	42457
month, the director shall account for amounts appropriated for oil	42458
and gas regulation, geological mapping, and plugging idle and	42459
orphaned wells compared to the available balance of the oil and	42460
gas well fund and the geological mapping fund and anticipated	42461
revenue to those funds in that fiscal year from sources other than	42462
the tax levied in division (B) of this section.	42463

(ii) Not later than the twenty-fifth day of each month, the	42464
director of budget and management shall transfer from the	42465
severance tax receipts fund to the oil and gas well fund and the	42466
geological mapping fund the amount the director certified to be	42467
transferred to that fund for that month according to the certified	42468
schedule in division (C)(7)(a)(i) of this section.	42469

(b) After making each of the June, September, December, and	42470
March transfers from the severance tax receipts fund to the oil	42471
and gas well fund and the geological mapping fund in accordance	42472
with division (C)(7)(a)(ii) of this section, but before the	42473
ensuing first day of July, October, January, and April,	42474
respectively, the director of budget and management shall credit,	42475
transfer, or distribute any money remaining in the severance tax	42476
receipts fund from the tax levied under division (B) of this	42477
section as follows:	42478

(i) Ten per cent to the county severance tax fund, which is	42479
hereby created in the state treasury. On or before the last day of	42480
March, June, September, and December of each year, the director	42481
shall distribute money in the fund to the severance tax fund of	42482
each county in the most recent proportions certified to the	42483
director by the chief of the division of oil and gas resources	42484
management under division (C)(1) of section 1509.11 of the Revised	42485
Code. Interest earned on money in the fund shall be credited to	42486
the fund.	42487

(ii) Five per cent to the severance tax infrastructure fund	42488
created in section 190.03 of the Revised Code.	42489

(iii) Five per cent to the severance tax endowment fund	42490
created in section 190.04 of the Revised Code.	42491

(iv) Eighty per cent to the general revenue fund.

42492

~~(C)~~(D) When, at the close of any fiscal year, the chief finds	42493
that the balance of the reclamation forfeiture fund, plus	42494
estimated transfers to it from the coal mining administration and	42495
reclamation reserve fund under section 1513.181 of the Revised	42496
Code, plus the estimated revenues from the tax levied by division	42497
(A)(8) of this section for the remainder of the calendar year that	42498
includes the close of the fiscal year, are sufficient to complete	42499
the reclamation of all lands for which the performance security	42500
has been provided under division (C)(2) of section 1513.08 of the	42501
Revised Code, the purposes for which the tax under division (A)(8)	42502
of this section is levied shall be deemed accomplished at the end	42503
of that calendar year. The chief, within thirty days after the	42504
close of the fiscal year, shall certify those findings to the tax	42505
commissioner, and the tax levied under division (A)(8) of this	42506
section shall cease to be imposed for the subsequent calendar year	42507
after the last day of that calendar year on coal produced under a	42508
coal mining and reclamation permit issued under Chapter 1513. of	42509
the Revised Code if the permittee has made tax payments under	42510
division (A)(8) of this section during each of the preceding five	42511
full calendar years. Not later than thirty days after the close of	42512
a fiscal year, the chief shall certify to the tax commissioner the	42513
identity of any permittees who accordingly no longer are required	42514
to pay the tax levied under division (A)(8) of this section for	42515
the subsequent calendar year.	42516

(E) On or before the last day of January of each year, the	42517
tax commissioner shall certify and post to the department of	42518
taxation's web site the average annual spot prices for oil, gas	42519
that is not natural gas liquids, and natural gas liquids.	42520

Sec. 5749.03. ~~The following shall be exempt from the tax~~	42521
~~imposed by section 5749.02 of the Revised Code and the amount due~~	42522
~~under section 1509.50 of the Revised Code:~~	42523

(A) The severance of natural resources from land or water in	42524
this state owned legally or beneficially by the severer~~, which~~	42525
~~natural resources will be~~if used on the land or water from which	42526
they are ~~taken~~severed by the severer as part of the improvement	42527
of or use in the severer's homestead and which have a yearly	42528
cumulative market value of not greater than one thousand dollars	42529
is exempt from the tax imposed by division (A) of section 5749.02	42530
of the Revised Code. When severed natural resources so used exceed	42531
a cumulative market value of one thousand dollars during any year,	42532
the further severance of natural resources shall be subject to the	42533
tax imposed by ~~section 5749.02 of the Revised Code~~that division.	42534

(B) The severance of gas from a well that is not a horizontal	42535
well is exempt from the tax imposed by division (A)(6) of section	42536
5749.02 of the Revised Code if the total production of gas from	42537
the well does not exceed one of the following:	42538

(1) Nine hundred ten thousand cubic feet in a quarter for a	42539
severer filing quarterly returns under section 5749.06 of the	42540
Revised Code;	42541

(2) Three million six hundred forty thousand cubic feet in a	42542
year for a severer required by the tax commissioner to file	42543
returns annually under section 5749.06 of the Revised Code.	42544

The exemption authorized under division (B) of this section	42545
shall not be applied for any quarter or other return period in	42546
which the well produces greater than either of those amounts of	42547
gas, as applicable.	42548

Sec. 5749.031. For the purpose of calculating the tax levied	42549
under division (B) of section 5749.02 of the Revised Code, a	42550
severer may deduct up to eight million dollars of the severer's	42551
gross receipts for oil and gas severed from a horizontal well	42552
whose first day of production is on or after July 1, 2014. The	42553
severer shall deduct the amount authorized by this section	42554
according to the following schedule:	42555

(A) Up to one million dollars for each quarter beginning in	42556
the first quarter that includes the horizontal well's first day of	42557
production and for each of the following three quarters.	42558

(B) Up to seven hundred fifty thousand dollars for the fourth	42559
quarter that begins after the quarter that includes the first day	42560
of production and for each of the following three quarters.	42561

(C) Up to two hundred fifty thousand dollars for the eighth	42562
quarter that begins after the quarter that includes the first day	42563
of production and for each of the following three quarters.	42564

Sec. 5749.04. No severer shall sever or sell a natural	42565
resource in this state without first having obtained a ~~license or~~	42566
permit therefor from the department of natural resources.	42567

~~Unless the severer has obtained a license or permit from~~	42568
~~another department of this state, the license or permit shall be~~	42569
~~issued by the tax commissioner upon receipt of a completed~~	42570
~~application on a form which he shall prescribe. The license or~~	42571
~~permit shall become effective on the date the application is~~	42572
~~accepted by the commissioner, who shall notify the applicant in~~	42573
~~writing of the acceptance, and shall remain in effect until such~~	42574
~~time as the commissioner revokes the license or permit.~~ The tax	42575
commissioner may request that the department of natural resources	42576
revoke the ~~license or~~ permit if hethe department finds that the	42577
~~applicant~~severer has failed to ~~fully and truthfully complete the~~	42578
~~application or has failed to pay the tax required by~~comply with	42579
Chapter 5749. of the Revised Code.	42580

~~The fee charged for the license or permit shall be fifty~~	42581
~~dollars. The remittance for such fee shall accompany the~~	42582
~~application and shall be made payable to the treasurer of state~~	42583
~~for deposit in the general revenue fund~~Before severing a natural	42584
resource, each severer shall file an application with the	42585
commissioner on a form prescribed by the commissioner to establish	42586
a severance tax account. The application may require the severer	42587
to disclose any information the commissioner considers necessary	42588
to establish that account.	42589

Sec. 5749.06. (A)(1) Each severer liable for the tax imposed	42590
by section 5749.02 of the Revised Code ~~and each severer or owner~~	42591
~~liable for the amounts due under section 1509.50 of the Revised~~	42592
~~Code~~ shall make and file returns with the tax commissioner in the	42593
prescribed form and as of the prescribed times, computing and	42594
reflecting therein the tax as required by this chapter ~~and amounts~~	42595
~~due under section 1509.50 of the Revised Code~~.	42596

(2) The returns shall be filed for every calendar quarterly	42597
period, ~~which periods shall end on the thirty-first day of March,~~	42598
~~the thirtieth day of June, the thirtieth day of September, and the~~	42599
~~thirty-first day of December of each year,~~ as required by this	42600
section, unless a different return period is prescribed for a	42601
taxpayer by the commissioner.	42602

(B)(1) A separate return shall be filed for each calendar	42603
quarterly period, or other period, or any part thereof, during	42604
which the severer holds a ~~license~~permit as provided by section	42605
5749.04 of the Revised Code, or is required to hold the ~~license,~~	42606
~~or during which an owner is required to file a return~~permit. The	42607
return shall be filed ~~within forty-five days after the last~~on or	42608
before the fifteenth day of ~~each such calendar~~the second month,	42609
~~or other period, or any part thereof, for which the return is~~	42610
~~required~~following the end of each return period. The tax due is	42611
payable along with the return. All such returns shall contain such	42612
information as the commissioner may require to fairly administer	42613
the tax.	42614

(2) All returns shall be signed by the severer ~~or owner, as~~	42615
~~applicable~~, shall contain the full and complete information	42616
requested, and shall be made under penalty of perjury.	42617

(C) If the commissioner believes that quarterly payments of	42618
tax would result in a delay that might jeopardize the collection	42619
of such tax payments, the commissioner may order that such	42620
payments be made weekly, or more frequently if necessary, such	42621
payments to be made not later than seven days following the close	42622
of the period for which the jeopardy payment is required. Such an	42623
order shall be delivered to the taxpayer personally or by	42624
certified mail and shall remain in effect until the commissioner	42625
notifies the taxpayer to the contrary.	42626

(D) Upon good cause the commissioner may extend for thirty	42627
days the period for filing any notice or return required to be	42628
filed under this section, and may remit all or a part of penalties	42629
that may become due under this chapter.	42630

(E) Any tax ~~and any amount due under section 1509.50 of the~~	42631
~~Revised Code~~ not paid by the day the tax ~~or amount~~ is due shall	42632
bear interest computed at the rate per annum prescribed by section	42633
5703.47 of the Revised Code ~~on that amount due~~ from the day that	42634
the ~~amount~~tax was originally required to be paid to the day of	42635
actual payment or to the day an assessment was issued under	42636
section 5749.07 or 5749.10 of the Revised Code, whichever occurs	42637
first.	42638

(F) A severer ~~or owner, as applicable,~~ that fails to file a	42639
complete return or pay the full amount due under this chapter	42640
within the time prescribed, including any extensions of time	42641
granted by the commissioner, shall be subject to a penalty not to	42642
exceed the greater of fifty dollars or ten per cent of the amount	42643
due for the period.	42644

(G)(1) A severer ~~or owner, as applicable,~~ shall remit	42645
payments electronically and, if required by the commissioner, file	42646
each return electronically. The commissioner may require that the	42647
severer ~~or owner~~ use the Ohio business gateway, as defined in	42648
section 718.051 of the Revised Code, or another electronic means	42649
to file returns and remit payments electronically.	42650

(2) A severer ~~or owner~~ that is required to remit payments	42651
electronically under this section may apply to the commissioner,	42652
in the manner prescribed by the commissioner, to be excused from	42653
that requirement. The commissioner may excuse a severer ~~or owner~~	42654
from the requirements of division (G) of this section for good	42655
cause.	42656

(3) If a severer ~~or owner~~ that is required to remit payments	42657
or file returns electronically under this section fails to do so,	42658
the commissioner may impose a penalty on the severer ~~or owner~~ not	42659
to exceed the following:	42660

(a) For the first or second payment or return the severer or	42661
~~owner~~ fails to remit or file electronically, the greater of five	42662
per cent of the amount of the payment that was required to be	42663
remitted or twenty-five dollars;	42664

(b) For every payment or return after the second that the	42665
severer ~~or owner~~ fails to remit or file electronically, the	42666
greater of ten per cent of the amount of the payment that was	42667
required to be remitted or fifty dollars.	42668

(H)(1) All amounts that the commissioner receives under this	42669
section shall be deemed to be revenue from taxes imposed under	42670
this chapter or from the amount due under former section 1509.50	42671
of the Revised Code, as applicable, and shall be deposited in the	42672
severance tax receipts fund, which is hereby created in the state	42673
treasury.	42674

(2) The director of budget and management shall transfer, as	42675
necessary, from the severance tax receipts fund to the tax refund	42676
fund amounts equal to the refunds certified by the commissioner	42677
under section 5749.08 of the Revised Code. Any amount transferred	42678
under division (H)(2) of this section shall be derived from	42679
receipts of the same tax or other amount from which the refund	42680
arose.	42681

(3) After the director of budget and management makes any	42682
transfer required by division (H)(2) of this section, but not	42683
later than the fifteenth day of ~~the~~each month ~~following the end~~	42684
~~of each calendar quarter~~, the commissioner shall certify to the	42685
director the total amount remaining in the severance tax receipts	42686
fund organized according to the amount attributable to each	42687
natural resource and according to the amount attributable to a	42688
each tax imposed by this chapter ~~and the amounts due under section~~	42689
~~1509.50 of the Revised Code~~and provide for payment to the funds	42690
specified in division (C) of section 5749.02 of the Revised Code.	42691

(I) Penalties imposed under this section are in addition to	42692
any other penalty imposed under this chapter and shall be	42693
considered as revenue arising from the tax levied under this	42694
chapter or the amount due under former section 1509.50 of the	42695
Revised Code, as applicable. The commissioner may collect any	42696
penalty or interest imposed under this section in the same manner	42697
as provided for the making of an assessment in section 5749.07 of	42698
the Revised Code. The commissioner may abate all or a portion of	42699
such interest or penalties and may adopt rules governing such	42700
abatements.	42701

(J) For the purposes of this section:

42702

(1) "Tax imposed by section 5749.02 of the Revised Code" and	42703
"tax" include amounts due under former section 1509.50 of the	42704
Revised Code.	42705

(2) "Severer" includes an owner, as defined by section	42706
1509.01 of the Revised Code, with regard to amounts due from an	42707
owner under former section 1509.50 of the Revised Code.	42708

Sec. 5749.07. (A) If any severer required by this chapter to	42709
make and file returns and pay the tax ~~levied~~imposed by section	42710
5749.02 of the Revised Code~~, or any severer or owner liable for~~	42711
~~the amounts due under section 1509.50 of the Revised Code,~~ fails	42712
to make such return or pay such tax ~~or amounts~~, the tax	42713
commissioner may make an assessment against the severer ~~or owner~~	42714
based upon any information in the commissioner's possession.	42715

No assessment shall be made or issued against any severer for	42716
any tax imposed by section 5749.02 of the Revised Code ~~or against~~	42717
~~any severer or owner for any amount due under section 1509.50 of~~	42718
~~the Revised Code~~ more than four years after the return was due or	42719
was filed, whichever is later. This section does not bar an	42720
assessment against a severer ~~or owner~~ who fails to file a return	42721
as required by this chapter, or who files a fraudulent return.	42722

The commissioner shall give the party assessed written notice	42723
of such assessment in the manner provided in section 5703.37 of	42724
the Revised Code. With the notice, the commissioner shall provide	42725
instructions on how to petition for reassessment and request a	42726
hearing on the petition.	42727

(B) Unless the party assessed files with the commissioner	42728
within sixty days after service of the notice of assessment,	42729
either personally or by certified mail, a written petition for	42730
reassessment signed by the party assessed or that party's	42731
authorized agent having knowledge of the facts, the assessment	42732
becomes final and the amount of the assessment is due and payable	42733
from the party assessed to the treasurer of state. The petition	42734
shall indicate the objections of the party assessed, but	42735
additional objections may be raised in writing if received by the	42736
commissioner prior to the date shown on the final determination.	42737
If the petition has been properly filed, the commissioner shall	42738
proceed under section 5703.60 of the Revised Code.	42739

(C) After an assessment becomes final, if any portion of the	42740
assessment remains unpaid, including accrued interest, a certified	42741
copy of the commissioner's entry making the assessment final may	42742
be filed in the office of the clerk of the court of common pleas	42743
in the county in which the party assessed resides or in which the	42744
party's business is conducted. If the party assessed maintains no	42745
place of business in this state and is not a resident of this	42746
state, the certified copy of the entry may be filed in the office	42747
of the clerk of the court of common pleas of Franklin county.	42748

Immediately upon the filing of such entry, the clerk shall	42749
enter a judgment for the state against the party assessed in the	42750
amount shown on the entry. The judgment may be filed by the clerk	42751
in a loose-leaf book entitled "special judgments for state	42752
severance tax," and shall have the same effect as other judgments.	42753
Execution shall issue upon the judgment upon the request of the	42754
commissioner, and all laws applicable to sales on execution shall	42755
apply to sales made under the judgment.	42756

If the assessment is not paid in its entirety within sixty	42757
days after the day the assessment is issued, the portion of the	42758
assessment consisting of tax due ~~or amounts due under section~~	42759
~~1509.50 of the Revised Code~~ shall bear interest at the rate per	42760
annum prescribed by section 5703.47 of the Revised Code from the	42761
day the commissioner issues the assessment until it is paid or	42762
until it is certified to the attorney general for collection under	42763
section 131.02 of the Revised Code, whichever comes first. If the	42764
unpaid portion of the assessment is certified to the attorney	42765
general for collection, the entire unpaid portion of the	42766
assessment shall bear interest at the rate per annum prescribed by	42767
section 5703.47 of the Revised Code from the date of certification	42768
until the date it is paid in its entirety. Interest shall be paid	42769
in the same manner as the tax and may be collected by the issuance	42770
of an assessment under this section.	42771

(D) All money collected by the commissioner under this	42772
section shall be paid to the treasurer of state, and when paid	42773
shall be considered as revenue arising from the tax imposed by	42774
section 5749.02 of the Revised Code and the amount due under	42775
former section 1509.50 of the Revised Code, as applicable.	42776

(E) For the purposes of this section:

42777

(1) "Tax imposed by section 5749.02 of the Revised Code" and	42778
"tax" include amounts due under former section 1509.50 of the	42779
Revised Code.	42780

(2) "Severer" includes an owner, as defined by section	42781
1509.01 of the Revised Code, with regard to amounts due from an	42782
owner under former section 1509.50 of the Revised Code.	42783

Sec. 5749.08. The tax commissioner shall refund ~~to taxpayers~~	42784
the amount of taxes levied by section 5749.02 of the Revised Code	42785
and amounts due under former section 1509.50 of the Revised Code	42786
that were paid illegally or erroneously or paid on an illegal or	42787
erroneous assessment. Applications for refund shall be filed with	42788
the commissioner, on the form prescribed by the commissioner,	42789
within four years from the date of the illegal or erroneous	42790
payment. On the filing of the application, the commissioner shall	42791
determine the amount of refund to which the applicant is entitled,	42792
plus interest computed in accordance with section 5703.47 of the	42793
Revised Code from the date of the payment of an erroneous or	42794
illegal assessment until the date the refund is paid. If the	42795
amount is not less than that claimed, the commissioner shall	42796
certify the amount to the director of budget and management and	42797
treasurer of state for payment from the tax refund fund created by	42798
section 5703.052 of the Revised Code. If the amount is less than	42799
that claimed, the commissioner shall proceed in accordance with	42800
section 5703.70 of the Revised Code.	42801

Sec. 5749.10. If the tax commissioner finds that a ~~taxpayer,~~	42802
person liable for tax under this chapter or for any amount due	42803
under former section 1509.50 of the Revised Code is about to	42804
depart from the state, or remove the ~~taxpayer's~~person's property	42805
therefrom, or conceal ~~the taxpayer's person~~themselves or their	42806
property, or do any other act tending to prejudice or to render	42807
wholly or partly ineffectual proceedings to collect such tax or	42808
other amount due unless such proceedings are brought without	42809
delay, or if the commissioner believes that the collection of the	42810
tax or amount due from any taxpayer will be jeopardized by delay,	42811
the commissioner shall give notice of such findings to ~~such~~	42812
~~taxpayer~~the person, together with the demand for an immediate	42813
return and immediate payment of such tax or other amount due, with	42814
penalty as provided in section 5749.15 of the Revised Code,	42815
whereupon such tax or other amount due shall become immediately	42816
due and payable. In such cases the commissioner may immediately	42817
file an entry with the clerk of the court of common pleas in the	42818
same manner and with the same effect as provided in section	42819
5749.07 of the Revised Code, provided that if ~~such taxpayer~~the	42820
person, within five days from notice of the assessment, furnishes	42821
evidence satisfactory to the commissioner, under ~~the regulations~~	42822
~~prescribed~~rules adopted by the commissioner, that the taxpayer is	42823
not in default in making returns or paying any tax prescribed by	42824
this chapter or amount due under former section 1509.50 of the	42825
Revised Code, or that the ~~taxpayer~~person will duly return and	42826
pay, or post bond satisfactory to the commissioner conditioned	42827
upon payment of the tax or other amount finally determined to be	42828
due, then such tax or other amount due shall not be payable prior	42829
to the time and manner otherwise fixed for payment under section	42830
5749.07 of the Revised Code, and the person assessed shall be	42831
restored the rights granted under such section. Upon satisfaction	42832
of the assessment the commissioner shall order the bond cancelled,	42833
securities released, and judgment vacated.	42834

Any assessment issued under this section shall bear interest	42835
as prescribed under section 5749.07 of the Revised Code.	42836

Sec. 5749.12. Any nonresident of this state who accepts the	42837
privilege extended by the laws of this state to nonresidents	42838
severing natural resources in this state, and any resident of this	42839
state who subsequently becomes a nonresident or conceals the	42840
resident's whereabouts, makes the secretary of state of Ohio the	42841
person's agent for the service of process or notice in any	42842
assessment, action, or proceedings instituted in this state	42843
against such person under this chapter ~~or for purposes of amounts~~	42844
~~due under section 1509.50 of the Revised Code~~.	42845

Such process or notice shall be served as provided under	42846
section 5703.37 of the Revised Code.	42847

Sec. 5749.13. The tax commissioner may prescribe	42848
requirements as to the keeping of records and other pertinent	42849
documents and the filing of copies of federal income tax returns	42850
and determinations. The commissioner may require any person, by	42851
rule or by notice served on that person, to keep such records as	42852
the commissioner considers necessary to show whether that person	42853
is liable, and the extent of liability, for the tax imposed under	42854
this chapter and the amount due under former section 1509.50 of	42855
the Revised Code. Such records and other documents shall be open	42856
during business hours to the inspection of the commissioner, and	42857
shall be preserved for a period of four years after the date the	42858
return was required to be filed or actually was filed, whichever	42859
is later, unless the commissioner, in writing, consents to their	42860
destruction within that period, or by order requires that they be	42861
kept longer.	42862

Sec. 5749.14. The tax commissioner shall enforce and	42863
administer this chapter ~~and applicable provisions of section~~	42864
~~1509.50 of the Revised Code~~. In addition to any other powers	42865
conferred upon the commissioner by law, the commissioner may:	42866

(A) Prescribe all forms required to be filed pursuant to this	42867
chapter;	42868

(B) ~~Promulgate~~Adopt such rules as the commissioner finds	42869
necessary to carry out this chapter ~~and applicable provisions of~~	42870
~~section 1509.50 of the Revised Code~~;	42871

(C) Appoint and employ such personnel as may be necessary to	42872
carry out the duties imposed upon the commissioner by this	42873
chapter.	42874

Sec. 5749.15. Any person who fails to file a return or pay	42875
the tax as required under this chapter or other amount due under	42876
former section 1509.50 of the Revised Code who is assessed such	42877
taxes or other amount due pursuant to section 5749.07 or 5749.10	42878
of the Revised Code may be liable for a penalty of up to	42879
twenty-five per cent of the amount assessed. The tax commissioner	42880
may adopt rules relating to the imposition and remission of	42881
penalties imposed under this section.	42882

Sec. 5749.17. ~~Except for purposes of enforcing Chapter 1509.~~	42883
~~of the Revised Code, any~~Any information provided to the	42884
department of natural resources by the department of taxation in	42885
accordance with division (C)(12) of section 5703.21 of the Revised	42886
Code shall not be disclosed publicly by the department of natural	42887
resources. However the department of natural resources may provide	42888
such information to the attorney general for purposes of	42889
enforcement of Chapter 1509. of the Revised Code.	42890

Sec. 5751.03. (A) Except as provided in division (B) of this	42891
section, the tax levied under this section for each tax period	42892
shall be the product of ~~two and six-tenths~~three mills per dollar	42893
times the remainder of the taxpayer's taxable gross receipts for	42894
the tax period after subtracting the exclusion amount provided for	42895
in division (C) of this section.	42896

(B) Notwithstanding division (C) of this section, the tax on	42897
the first one million dollars in taxable gross receipts each	42898
calendar year shall be calculated as follows:	42899

(1) For taxpayers with annual taxable gross receipts of one	42900
million dollars or less for the calendar year, one hundred fifty	42901
dollars;	42902

(2) For taxpayers with annual taxable gross receipts greater	42903
than one million dollars, but less than or equal to two million	42904
dollars for the calendar year, eight hundred dollars;	42905

(3) For taxpayers with annual taxable gross receipts greater	42906
than two million dollars, but less than or equal to four million	42907
dollars for the calendar year, two thousand one hundred dollars;	42908

(4) For taxpayers with annual taxable gross receipts greater	42909
than four million dollars for the calendar year, two thousand six	42910
hundred dollars.	42911

The tax imposed under division (B)(1) of this section shall	42912
be paid not later than the tenth day of May of each year along	42913
with the annual tax return. The tax imposed under divisions	42914
(B)(2), (3), and (4) of this section shall be paid not later than	42915
the tenth day of May of each year along with the first quarter tax	42916
return.	42917

(C)(1) Each taxpayer may exclude the first one million	42918
dollars of taxable gross receipts for a calendar year. Calendar	42919
quarter taxpayers shall apply the full exclusion amount to the	42920
first calendar quarter return the taxpayer files that calendar	42921
year and may carry forward and apply any unused exclusion amount	42922
to subsequent calendar quarters within that same calendar year.	42923

(2) A taxpayer switching from a calendar year tax period to a	42924
calendar quarter tax period may, for the first quarter of the	42925
change, apply the full one-million-dollar exclusion amount to the	42926
first calendar quarter return the taxpayer files that calendar	42927
year. Such taxpayers may carry forward and apply any unused	42928
exclusion amount to subsequent calendar quarters within that same	42929
calendar year. The tax rate shall be based on the rate imposed	42930
that calendar quarter when the taxpayer switches from a calendar	42931
year to a calendar quarter tax period.	42932

(3) A taxpayer shall not exclude more than one million	42933
dollars pursuant to division (C) of this section in a calendar	42934
year.	42935

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	42936
the Revised Code:	42937

(1) "School district," "joint vocational school district,"	42938
"local taxing unit," "recognized valuation," "fixed-rate levy,"	42939
and "fixed-sum levy" have the same meanings as used in section	42940
5727.84 of the Revised Code.	42941

(2) "State education aid" for a school district means the	42942
following:	42943

(a) For fiscal years prior to fiscal year 2010, the sum of	42944
state aid amounts computed for the district under the following	42945
provisions, as they existed for the applicable fiscal year:	42946
division (A) of section 3317.022 of the Revised Code, including	42947
the amounts calculated under former section 3317.029 and section	42948
3317.0217 of the Revised Code; divisions (C)(1), (C)(4), (D), (E),	42949
and (F) of section 3317.022; divisions (B), (C), and (D) of	42950
section 3317.023; divisions (L) and (N) of section 3317.024;	42951
section 3317.0216; and any unit payments for gifted student	42952
services paid under section 3317.05 and former sections 3317.052	42953
and 3317.053 of the Revised Code; except that, for fiscal years	42954
2008 and 2009, the amount computed for the district under Section	42955
269.20.80 of H.B. 119 of the 127th general assembly and as that	42956
section subsequently may be amended shall be substituted for the	42957
amount computed under division (D) of section 3317.022 of the	42958
Revised Code, and the amount computed under Section 269.30.80 of	42959
H.B. 119 of the 127th general assembly and as that section	42960
subsequently may be amended shall be included.	42961

(b) For fiscal years 2010 and 2011, the sum of the amounts	42962
computed under former sections 3306.052, 3306.12, 3306.13,	42963
3306.19, 3306.191, and 3306.192 of the Revised Code;	42964

(c) For fiscal years 2012 and 2013, the sum of the amounts	42965
paid under Sections 267.30.50, 267.30.53, and 267.30.56 of H.B.	42966
153 of the 129th general assembly;	42967

(d) For fiscal year 2014 and each fiscal year thereafter, the	42968
sum of state amounts computed for the district under section	42969
3317.022 of the Revised Code; except that, for fiscal years 2014	42970
and 2015, the amount computed for the district under the section	42971
of this act entitled "TRANSITIONAL AID FOR CITY, LOCAL, AND	42972
EXEMPTED VILLAGE SCHOOL DISTRICTS" shall be included.	42973

(3) "State education aid" for a joint vocational school	42974
district means the following:	42975

(a) For fiscal years prior to fiscal year 2010, the sum of	42976
the state aid computed for the district under division (N) of	42977
section 3317.024 and former section 3317.16 of the Revised Code,	42978
except that, for fiscal years 2008 and 2009, the amount computed	42979
under Section 269.30.80 of H.B. 119 of the 127th general assembly	42980
and as that section subsequently may be amended shall be included.	42981

(b) For fiscal years 2010 and 2011, the amount paid in	42982
accordance with Section 265.30.50 of H.B. 1 of the 128th general	42983
assembly.	42984

(c) For fiscal years 2012 and 2013, the amount paid in	42985
accordance with Section 267.30.60 of H.B. 153 of the 129th general	42986
assembly.	42987

(d) For fiscal year 2014 and each fiscal year thereafter, the	42988
amount computed for the district under section 3317.16 of the	42989
Revised Code; except that, for fiscal years 2014 and 2015, the	42990
amount computed for the district under the section of this act	42991
entitled "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS"	42992
shall be included.	42993

(4) "State education aid offset" means the amount determined	42994
for each school district or joint vocational school district under	42995
division (A)(1) of section 5751.21 of the Revised Code.	42996

(5) "Machinery and equipment property tax value loss" means	42997
the amount determined under division (C)(1) of this section.	42998

(6) "Inventory property tax value loss" means the amount	42999
determined under division (C)(2) of this section.	43000

(7) "Furniture and fixtures property tax value loss" means	43001
the amount determined under division (C)(3) of this section.	43002

(8) "Machinery and equipment fixed-rate levy loss" means the	43003
amount determined under division (D)(1) of this section.	43004

(9) "Inventory fixed-rate levy loss" means the amount	43005
determined under division (D)(2) of this section.	43006

(10) "Furniture and fixtures fixed-rate levy loss" means the	43007
amount determined under division (D)(3) of this section.	43008

(11) "Total fixed-rate levy loss" means the sum of the	43009
machinery and equipment fixed-rate levy loss, the inventory	43010
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	43011
loss, and the telephone company fixed-rate levy loss.	43012

(12) "Fixed-sum levy loss" means the amount determined under	43013
division (E) of this section.	43014

(13) "Machinery and equipment" means personal property	43015
subject to the assessment rate specified in division (F) of	43016
section 5711.22 of the Revised Code.	43017

(14) "Inventory" means personal property subject to the	43018
assessment rate specified in division (E) of section 5711.22 of	43019
the Revised Code.	43020

(15) "Furniture and fixtures" means personal property subject	43021
to the assessment rate specified in division (G) of section	43022
5711.22 of the Revised Code.	43023

(16) "Qualifying levies" are levies in effect for tax year	43024
2004 or applicable to tax year 2005 or approved at an election	43025
conducted before September 1, 2005. For the purpose of determining	43026
the rate of a qualifying levy authorized by section 5705.212 or	43027
5705.213 of the Revised Code, the rate shall be the rate that	43028
would be in effect for tax year 2010.	43029

(17) "Telephone property" means tangible personal property of	43030
a telephone, telegraph, or interexchange telecommunications	43031
company subject to an assessment rate specified in section	43032
5727.111 of the Revised Code in tax year 2004.	43033

(18) "Telephone property tax value loss" means the amount	43034
determined under division (C)(4) of this section.	43035

(19) "Telephone property fixed-rate levy loss" means the	43036
amount determined under division (D)(4) of this section.	43037

(20) "Taxes charged and payable" means taxes charged and	43038
payable after the reduction required by section 319.301 of the	43039
Revised Code but before the reductions required by sections	43040
319.302 and 323.152 of the Revised Code.	43041

(21) "Median estate tax collections" means, in the case of a	43042
municipal corporation to which revenue from the taxes levied in	43043
Chapter 5731. of the Revised Code was distributed in each of	43044
calendar years 2006, 2007, 2008, and 2009, the median of those	43045
distributions. In the case of a municipal corporation to which no	43046
distributions were made in one or more of those years, "median	43047
estate tax collections" means zero.	43048

(22) "Total resources," in the case of a school district,	43049
means the sum of the amounts in divisions (A)(22)(a) to (h) of	43050
this section less any reduction required under division (A)(32) or	43051
(33) of this section.	43052

(a) The state education aid for fiscal year 2010;

43053

(b) The sum of the payments received by the school district	43054
in fiscal year 2010 for current expense levy losses pursuant to	43055
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of	43056
section 5751.21 of the Revised Code, excluding the portion of such	43057
payments attributable to levies for joint vocational school	43058
district purposes;	43059

(c) The sum of fixed-sum levy loss payments received by the	43060
school district in fiscal year 2010 pursuant to division (E)(1) of	43061
section 5727.85 and division (E)(1) of section 5751.21 of the	43062
Revised Code for fixed-sum levies charged and payable for a	43063
purpose other than paying debt charges;	43064

(d) Fifty per cent of the school district's taxes charged and	43065
payable against all property on the tax list of real and public	43066
utility property for current expense purposes for tax year 2008,	43067
including taxes charged and payable from emergency levies charged	43068
and payable under section 5709.194 of the Revised Code and	43069
excluding taxes levied for joint vocational school district	43070
purposes;	43071

(e) Fifty per cent of the school district's taxes charged and	43072
payable against all property on the tax list of real and public	43073
utility property for current expenses for tax year 2009, including	43074
taxes charged and payable from emergency levies and excluding	43075
taxes levied for joint vocational school district purposes;	43076

(f) The school district's taxes charged and payable against	43077
all property on the general tax list of personal property for	43078
current expenses for tax year 2009, including taxes charged and	43079
payable from emergency levies;	43080

(g) The amount certified for fiscal year 2010 under division	43081
(A)(2) of section 3317.08 of the Revised Code;	43082

(h) Distributions received during calendar year 2009 from	43083
taxes levied under section 718.09 of the Revised Code.	43084

(23) "Total resources," in the case of a joint vocational	43085
school district, means the sum of amounts in divisions (A)(23)(a)	43086
to (g) of this section less any reduction required under division	43087
(A)(32) of this section.	43088

(a) The state education aid for fiscal year 2010;

43089

(b) The sum of the payments received by the joint vocational	43090
school district in fiscal year 2010 for current expense levy	43091
losses pursuant to division (C)(2) of section 5727.85 and	43092
divisions (C)(8) and (9) of section 5751.21 of the Revised Code;	43093

(c) Fifty per cent of the joint vocational school district's	43094
taxes charged and payable against all property on the tax list of	43095
real and public utility property for current expense purposes for	43096
tax year 2008;	43097

(d) Fifty per cent of the joint vocational school district's	43098
taxes charged and payable against all property on the tax list of	43099
real and public utility property for current expenses for tax year	43100
2009;	43101

(e) Fifty per cent of a city, local, or exempted village	43102
school district's taxes charged and payable against all property	43103
on the tax list of real and public utility property for current	43104
expenses of the joint vocational school district for tax year	43105
2008;	43106

(f) Fifty per cent of a city, local, or exempted village	43107
school district's taxes charged and payable against all property	43108
on the tax list of real and public utility property for current	43109
expenses of the joint vocational school district for tax year	43110
2009;	43111

(g) The joint vocational school district's taxes charged and	43112
payable against all property on the general tax list of personal	43113
property for current expenses for tax year 2009.	43114

(24) "Total resources," in the case of county mental health	43115
and disability related functions, means the sum of the amounts in	43116
divisions (A)(24)(a) and (b) of this section less any reduction	43117
required under division (A)(32) of this section.	43118

(a) The sum of the payments received by the county for mental	43119
health and developmental disability related functions in calendar	43120
year 2010 under division (A)(1) of section 5727.86 and divisions	43121
(A)(1) and (2) of section 5751.22 of the Revised Code as they	43122
existed at that time;	43123

(b) With respect to taxes levied by the county for mental	43124
health and developmental disability related purposes, the taxes	43125
charged and payable for such purposes against all property on the	43126
tax list of real and public utility property for tax year 2009.	43127

(25) "Total resources," in the case of county senior services	43128
related functions, means the sum of the amounts in divisions	43129
(A)(25)(a) and (b) of this section less any reduction required	43130
under division (A)(32) of this section.	43131

(a) The sum of the payments received by the county for senior	43132
services related functions in calendar year 2010 under division	43133
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	43134
5751.22 of the Revised Code as they existed at that time;	43135

(b) With respect to taxes levied by the county for senior	43136
services related purposes, the taxes charged and payable for such	43137
purposes against all property on the tax list of real and public	43138
utility property for tax year 2009.	43139

(26) "Total resources," in the case of county children's	43140
services related functions, means the sum of the amounts in	43141
divisions (A)(26)(a) and (b) of this section less any reduction	43142
required under division (A)(32) of this section.	43143

(a) The sum of the payments received by the county for	43144
children's services related functions in calendar year 2010 under	43145
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of	43146
section 5751.22 of the Revised Code as they existed at that time;	43147

(b) With respect to taxes levied by the county for children's	43148
services related purposes, the taxes charged and payable for such	43149
purposes against all property on the tax list of real and public	43150
utility property for tax year 2009.	43151

(27) "Total resources," in the case of county public health	43152
related functions, means the sum of the amounts in divisions	43153
(A)(27)(a) and (b) of this section less any reduction required	43154
under division (A)(32) of this section.	43155

(a) The sum of the payments received by the county for public	43156
health related functions in calendar year 2010 under division	43157
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section	43158
5751.22 of the Revised Code as they existed at that time;	43159

(b) With respect to taxes levied by the county for public	43160
health related purposes, the taxes charged and payable for such	43161
purposes against all property on the tax list of real and public	43162
utility property for tax year 2009.	43163

(28) "Total resources," in the case of all county functions	43164
not included in divisions (A)(24) to (27) of this section, means	43165
the sum of the amounts in divisions (A)(28)(a) to (d) of this	43166
section less any reduction required under division (A)(32) or (33)	43167
of this section.	43168

(a) The sum of the payments received by the county for all	43169
other purposes in calendar year 2010 under division (A)(1) of	43170
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of	43171
the Revised Code as they existed at that time;	43172

(b) The county's percentage share of county undivided local	43173
government fund allocations as certified to the tax commissioner	43174
for calendar year 2010 by the county auditor under division (J) of	43175
section 5747.51 of the Revised Code or division (F) of section	43176
5747.53 of the Revised Code multiplied by the total amount	43177
actually distributed in calendar year 2010 from the county	43178
undivided local government fund;	43179

(c) With respect to taxes levied by the county for all other	43180
purposes, the taxes charged and payable for such purposes against	43181
all property on the tax list of real and public utility property	43182
for tax year 2009, excluding taxes charged and payable for the	43183
purpose of paying debt charges;	43184

(d) The sum of the amounts distributed to the county in	43185
calendar year 2010 for the taxes levied pursuant to sections	43186
5739.021 and 5741.021 of the Revised Code.	43187

(29) "Total resources," in the case of a municipal	43188
corporation, means the sum of the amounts in divisions (A)(29)(a)	43189
to (g) of this section less any reduction required under division	43190
(A)(32) or (33) of this section.	43191

(a) The sum of the payments received by the municipal	43192
corporation in calendar year 2010 for current expense levy losses	43193
under division (A)(1) of section 5727.86 and divisions (A)(1) and	43194
(2) of section 5751.22 of the Revised Code as they existed at that	43195
time;	43196

(b) The municipal corporation's percentage share of county	43197
undivided local government fund allocations as certified to the	43198
tax commissioner for calendar year 2010 by the county auditor	43199
under division (J) of section 5747.51 of the Revised Code or	43200
division (F) of section 5747.53 of the Revised Code multiplied by	43201
the total amount actually distributed in calendar year 2010 from	43202
the county undivided local government fund;	43203

(c) The sum of the amounts distributed to the municipal	43204
corporation in calendar year 2010 pursuant to section 5747.50 of	43205
the Revised Code;	43206

(d) With respect to taxes levied by the municipal	43207
corporation, the taxes charged and payable against all property on	43208
the tax list of real and public utility property for current	43209
expenses, defined in division (A)(35) of this section, for tax	43210
year 2009;	43211

(e) The amount of admissions tax collected by the municipal	43212
corporation in calendar year 2008, or if such information has not	43213
yet been reported to the tax commissioner, in the most recent year	43214
before 2008 for which the municipal corporation has reported data	43215
to the commissioner;	43216

(f) The amount of income taxes collected by the municipal	43217
corporation in calendar year 2008, or if such information has not	43218
yet been reported to the tax commissioner, in the most recent year	43219
before 2008 for which the municipal corporation has reported data	43220
to the commissioner;	43221

(g) The municipal corporation's median estate tax	43222
collections.	43223

(30) "Total resources," in the case of a township, means the	43224
sum of the amounts in divisions (A)(30)(a) to (c) of this section	43225
less any reduction required under division (A)(32) or (33) of this	43226
section.	43227

(a) The sum of the payments received by the township in	43228
calendar year 2010 pursuant to division (A)(1) of section 5727.86	43229
of the Revised Code and divisions (A)(1) and (2) of section	43230
5751.22 of the Revised Code as they existed at that time,	43231
excluding payments received for debt purposes;	43232

(b) The township's percentage share of county undivided local	43233
government fund allocations as certified to the tax commissioner	43234
for calendar year 2010 by the county auditor under division (J) of	43235
section 5747.51 of the Revised Code or division (F) of section	43236
5747.53 of the Revised Code multiplied by the total amount	43237
actually distributed in calendar year 2010 from the county	43238
undivided local government fund;	43239

(c) With respect to taxes levied by the township, the taxes	43240
charged and payable against all property on the tax list of real	43241
and public utility property for tax year 2009 excluding taxes	43242
charged and payable for the purpose of paying debt charges.	43243

(31) "Total resources," in the case of a local taxing unit	43244
that is not a county, municipal corporation, or township, means	43245
the sum of the amounts in divisions (A)(31)(a) to (e) of this	43246
section less any reduction required under division (A)(32) of this	43247
section.	43248

(a) The sum of the payments received by the local taxing unit	43249
in calendar year 2010 pursuant to division (A)(1) of section	43250
5727.86 of the Revised Code and divisions (A)(1) and (2) of	43251
section 5751.22 of the Revised Code as they existed at that time;	43252

(b) The local taxing unit's percentage share of county	43253
undivided local government fund allocations as certified to the	43254
tax commissioner for calendar year 2010 by the county auditor	43255
under division (J) of section 5747.51 of the Revised Code or	43256
division (F) of section 5747.53 of the Revised Code multiplied by	43257
the total amount actually distributed in calendar year 2010 from	43258
the county undivided local government fund;	43259

(c) With respect to taxes levied by the local taxing unit,	43260
the taxes charged and payable against all property on the tax list	43261
of real and public utility property for tax year 2009 excluding	43262
taxes charged and payable for the purpose of paying debt charges;	43263

(d) The amount received from the tax commissioner during	43264
calendar year 2010 for sales or use taxes authorized under	43265
sections 5739.023 and 5741.022 of the Revised Code;	43266

(e) For institutions of higher education receiving tax	43267
revenue from a local levy, as identified in section 3358.02 of the	43268
Revised Code, the final state share of instruction allocation for	43269
fiscal year 2010 as calculated by the board of regents and	43270
reported to the state controlling board.	43271

(32) If a fixed-rate levy that is a qualifying levy is not	43272
charged and payable in any year after tax year 2010, "total	43273
resources" used to compute payments to be made under division	43274
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	43275
5751.22 of the Revised Code in the tax years following the last	43276
year the levy is charged and payable shall be reduced to the	43277
extent that the payments are attributable to the fixed-rate levy	43278
loss of that levy as would be computed under division (C)(2) of	43279
section 5727.85, division (A)(1) of section 5727.85, divisions	43280
(C)(8) and (9) of section 5751.21, or division (A)(1) of section	43281
5751.22 of the Revised Code.	43282

(33) In the case of a county, municipal corporation, school	43283
district, or township with fixed-rate levy losses attributable to	43284
a tax levied under section 5705.23 of the Revised Code, "total	43285
resources" used to compute payments to be made under division	43286
(C)(3) of section 5727.85, division (A)(1)(d) of section 5727.86,	43287
division (C)(12) of section 5751.21, or division (A)(1)(c) of	43288
section 5751.22 of the Revised Code shall be reduced by the	43289
amounts described in divisions (A)(34)(a) to (c) of this section	43290
to the extent that those amounts were included in calculating the	43291
"total resources" of the school district or local taxing unit	43292
under division (A)(22), (28), (29), or (30) of this section.	43293

(34) "Total library resources," in the case of a county,	43294
municipal corporation, school district, or township public library	43295
that receives the proceeds of a tax levied under section 5705.23	43296
of the Revised Code, means the sum of the amounts in divisions	43297
(A)(34)(a) to (c) of this section less any reduction required	43298
under division (A)(32) of this section.	43299

(a) The sum of the payments received by the county, municipal	43300
corporation, school district, or township public library in	43301
calendar year 2010 pursuant to sections 5727.86 and 5751.22 of the	43302
Revised Code, as they existed at that time, for fixed-rate levy	43303
losses attributable to a tax levied under section 5705.23 of the	43304
Revised Code for the benefit of the public library;	43305

(b) The public library's percentage share of county undivided	43306
local government fund allocations as certified to the tax	43307
commissioner for calendar year 2010 by the county auditor under	43308
division (J) of section 5747.51 of the Revised Code or division	43309
(F) of section 5747.53 of the Revised Code multiplied by the total	43310
amount actually distributed in calendar year 2010 from the county	43311
undivided local government fund;	43312

(c) With respect to a tax levied pursuant to section 5705.23	43313
of the Revised Code for the benefit of the public library, the	43314
amount of such tax that is charged and payable against all	43315
property on the tax list of real and public utility property for	43316
tax year 2009 excluding any tax that is charged and payable for	43317
the purpose of paying debt charges.	43318

(35) "Municipal current expense property tax levies" means	43319
all property tax levies of a municipality, except those with the	43320
following levy names: airport resurfacing; bond or any levy name	43321
including the word "bond"; capital improvement or any levy name	43322
including the word "capital"; debt or any levy name including the	43323
word "debt"; equipment or any levy name including the word	43324
"equipment," unless the levy is for combined operating and	43325
equipment; employee termination fund; fire pension or any levy	43326
containing the word "pension," including police pensions;	43327
fireman's fund or any practically similar name; sinking fund; road	43328
improvements or any levy containing the word "road"; fire truck or	43329
apparatus; flood or any levy containing the word "flood";	43330
conservancy district; county health; note retirement; sewage, or	43331
any levy containing the words "sewage" or "sewer"; park	43332
improvement; parkland acquisition; storm drain; street or any levy	43333
name containing the word "street"; lighting, or any levy name	43334
containing the word "lighting"; and water.	43335

(36) "Current expense TPP allocation" means, in the case of a	43336
school district or joint vocational school district, the sum of	43337
the payments received by the school district in fiscal year 2011	43338
pursuant to divisions (C)(10) and (11) of section 5751.21 of the	43339
Revised Code to the extent paid for current expense levies. In the	43340
case of a municipal corporation, "current expense TPP allocation"	43341
means the sum of the payments received by the municipal	43342
corporation in calendar year 2010 pursuant to divisions (A)(1) and	43343
(2) of section 5751.22 of the Revised Code to the extent paid for	43344
municipal current expense property tax levies as defined in	43345
division (A)(35) of this section, excluding any such payments	43346
received for current expense levy losses attributable to a tax	43347
levied under section 5705.23 of the Revised Code. If a fixed-rate	43348
levy that is a qualifying levy is not charged and payable in any	43349
year after tax year 2010, "current expense TPP allocation" used to	43350
compute payments to be made under division (C)(12) of section	43351
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the	43352
Revised Code in the tax years following the last year the levy is	43353
charged and payable shall be reduced to the extent that the	43354
payments are attributable to the fixed-rate levy loss of that levy	43355
as would be computed under divisions (C)(10) and (11) of section	43356
5751.21 or division (A)(1) of section 5751.22 of the Revised Code.	43357

(37) "TPP allocation" means the sum of payments received by a	43358
local taxing unit in calendar year 2010 pursuant to divisions	43359
(A)(1) and (2) of section 5751.22 of the Revised Code, excluding	43360
any such payments received for fixed-rate levy losses attributable	43361
to a tax levied under section 5705.23 of the Revised Code. If a	43362
fixed-rate levy that is a qualifying levy is not charged and	43363
payable in any year after tax year 2010, "TPP allocation" used to	43364
compute payments to be made under division (A)(1)(b) or (c) of	43365
section 5751.22 of the Revised Code in the tax years following the	43366
last year the levy is charged and payable shall be reduced to the	43367
extent that the payments are attributable to the fixed-rate levy	43368
loss of that levy as would be computed under division (A)(1) of	43369
that section.	43370

(38) "Total TPP allocation" means, in the case of a school	43371
district or joint vocational school district, the sum of the	43372
amounts received in fiscal year 2011 pursuant to divisions (C)(10)	43373
and (11) and (D) of section 5751.21 of the Revised Code. In the	43374
case of a local taxing unit, "total TPP allocation" means the sum	43375
of payments received by the unit in calendar year 2010 pursuant to	43376
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised	43377
Code. If a fixed-rate levy that is a qualifying levy is not	43378
charged and payable in any year after tax year 2010, "total TPP	43379
allocation" used to compute payments to be made under division	43380
(C)(12) of section 5751.21 or division (A)(1)(b) or (c) of section	43381
5751.22 of the Revised Code in the tax years following the last	43382
year the levy is charged and payable shall be reduced to the	43383
extent that the payments are attributable to the fixed-rate levy	43384
loss of that levy as would be computed under divisions (C)(10) and	43385
(11) of section 5751.21 or division (A)(1) of section 5751.22 of	43386
the Revised Code.	43387

(39) "Non-current expense TPP allocation" means the	43388
difference of total TPP allocation minus the sum of current	43389
expense TPP allocation and the portion of total TPP allocation	43390
constituting reimbursement for debt levies, pursuant to division	43391
(D) of section 5751.21 of the Revised Code in the case of a school	43392
district or joint vocational school district and pursuant to	43393
division (A)(3) of section 5751.22 of the Revised Code in the case	43394
of a municipal corporation.	43395

(40) "TPP allocation for library purposes" means the sum of	43396
payments received by a county, municipal corporation, school	43397
district, or township public library in calendar year 2010	43398
pursuant to section 5751.22 of the Revised Code for fixed-rate	43399
levy losses attributable to a tax levied under section 5705.23 of	43400
the Revised Code. If a fixed-rate levy authorized under section	43401
5705.23 of the Revised Code that is a qualifying levy is not	43402
charged and payable in any year after tax year 2010, "TPP	43403
allocation for library purposes" used to compute payments to be	43404
made under division (A)(1)(d) of section 5751.22 of the Revised	43405
Code in the tax years following the last year the levy is charged	43406
and payable shall be reduced to the extent that the payments are	43407
attributable to the fixed-rate levy loss of that levy as would be	43408
computed under division (A)(1) of section 5751.22 of the Revised	43409
Code.	43410

(41) "Threshold per cent" means, in the case of a school	43411
district or joint vocational school district, two per cent for	43412
fiscal year 2012 and four per cent for fiscal years 2013 and	43413
thereafter. In the case of a local taxing unit or public library	43414
that receives the proceeds of a tax levied under section 5705.23	43415
of the Revised Code, "threshold per cent" means two per cent for	43416
tax year 2011, four per cent for tax year 2012, and six per cent	43417
for tax years 2013 and thereafter.	43418

(B)(1) The commercial activities tax receipts fund is hereby	43419
created in the state treasury and shall consist of money arising	43420
from the tax imposed under this chapter. Eighty-five	43421
one-hundredths of one per cent of the money credited to that fund	43422
shall be credited to the revenue enhancement fund and shall be	43423
used to defray the costs incurred by the department of taxation in	43424
administering the tax imposed by this chapter and in implementing	43425
tax reform measures. The remainder of the money in the commercial	43426
activities tax receipts fund shall first be credited to the	43427
commercial activity tax motor fuel receipts fund, pursuant to	43428
division (B)(2) of this section, and the remainder shall be	43429
credited in the following percentages each fiscal year to the	43430
general revenue fund, to the school district tangible property tax	43431
replacement fund, which is hereby created in the state treasury	43432
for the purpose of making the payments described in section	43433
5751.21 of the Revised Code, and to the local government tangible	43434
property tax replacement fund, which is hereby created in the	43435
state treasury for the purpose of making the payments described in	43436
section 5751.22 of the Revised Code, in the following percentages:	43437

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	43438
2006	67.7%	22.6%	9.7%	43439
2007	0%	70.0%	30.0%	43440
2008	0%	70.0%	30.0%	43441
2009	0%	70.0%	30.0%	43442
2010	0%	70.0%	30.0%	43443
2011	0%	70.0%	30.0%	43444
2012	25.0%	52.5%	22.5%	43445
2013 and thereafter	50.0%	35.0%	15.0%	43446

(2) Not later than the twentieth day of February, May,	43447
August, and November of each year, the commissioner shall provide	43448
for payment from the commercial activities tax receipts fund to	43449
the commercial activity tax motor fuel receipts fund an amount	43450
that bears the same ratio to the balance in the commercial	43451
activities tax receipts fund that (a) the taxable gross receipts	43452
attributed to motor fuel used for propelling vehicles on public	43453
highways as indicated by returns filed by the tenth day of that	43454
month for a liability that is due and payable on or after July 1,	43455
2013, for a tax period ending before July 1, 2014, bears to (b)	43456
all taxable gross receipts as indicated by those returns for such	43457
liabilities.	43458

(C) Not later than September 15, 2005, the tax commissioner	43459
shall determine for each school district, joint vocational school	43460
district, and local taxing unit its machinery and equipment,	43461
inventory property, furniture and fixtures property, and telephone	43462
property tax value losses, which are the applicable amounts	43463
described in divisions (C)(1), (2), (3), and (4) of this section,	43464
except as provided in division (C)(5) of this section:	43465

(1) Machinery and equipment property tax value loss is the	43466
taxable value of machinery and equipment property as reported by	43467
taxpayers for tax year 2004 multiplied by:	43468

(a) For tax year 2006, thirty-three and eight-tenths per	43469
cent;	43470

(b) For tax year 2007, sixty-one and three-tenths per cent;

43471

43472

(d) For tax year 2009 and thereafter, one hundred per cent.

43473

(2) Inventory property tax value loss is the taxable value of	43474
inventory property as reported by taxpayers for tax year 2004	43475
multiplied by:	43476

(a) For tax year 2006, a fraction, the numerator of which is	43477
five and three-fourths and the denominator of which is	43478
twenty-three;	43479

(b) For tax year 2007, a fraction, the numerator of which is	43480
nine and one-half and the denominator of which is twenty-three;	43481

(c) For tax year 2008, a fraction, the numerator of which is	43482
thirteen and one-fourth and the denominator of which is	43483
twenty-three;	43484

(d) For tax year 2009 and thereafter a fraction, the	43485
numerator of which is seventeen and the denominator of which is	43486
twenty-three.	43487

(3) Furniture and fixtures property tax value loss is the	43488
taxable value of furniture and fixture property as reported by	43489
taxpayers for tax year 2004 multiplied by:	43490

(a) For tax year 2006, twenty-five per cent;

43491

(b) For tax year 2007, fifty per cent;

43492

43493

(d) For tax year 2009 and thereafter, one hundred per cent.

43494

The taxable value of property reported by taxpayers used in	43495
divisions (C)(1), (2), and (3) of this section shall be such	43496
values as determined to be final by the tax commissioner as of	43497
August 31, 2005. Such determinations shall be final except for any	43498
correction of a clerical error that was made prior to August 31,	43499
2005, by the tax commissioner.	43500

(4) Telephone property tax value loss is the taxable value of	43501
telephone property as taxpayers would have reported that property	43502
for tax year 2004 if the assessment rate for all telephone	43503
property for that year were twenty-five per cent, multiplied by:	43504

(a) For tax year 2006, zero per cent;

43505

(b) For tax year 2007, zero per cent;

43506

43507

(d) For tax year 2009, sixty per cent;

43508

(e) For tax year 2010, eighty per cent;

43509

(f) For tax year 2011 and thereafter, one hundred per cent.

43510

(5) Division (C)(5) of this section applies to any school	43511
district, joint vocational school district, or local taxing unit	43512
in a county in which is located a facility currently or formerly	43513
devoted to the enrichment or commercialization of uranium or	43514
uranium products, and for which the total taxable value of	43515
property listed on the general tax list of personal property for	43516
any tax year from tax year 2001 to tax year 2004 was fifty per	43517
cent or less of the taxable value of such property listed on the	43518
general tax list of personal property for the next preceding tax	43519
year.	43520

In computing the fixed-rate levy losses under divisions	43521
(D)(1), (2), and (3) of this section for any school district,	43522
joint vocational school district, or local taxing unit to which	43523
division (C)(5) of this section applies, the taxable value of such	43524
property as listed on the general tax list of personal property	43525
for tax year 2000 shall be substituted for the taxable value of	43526
such property as reported by taxpayers for tax year 2004, in the	43527
taxing district containing the uranium facility, if the taxable	43528
value listed for tax year 2000 is greater than the taxable value	43529
reported by taxpayers for tax year 2004. For the purpose of making	43530
the computations under divisions (D)(1), (2), and (3) of this	43531
section, the tax year 2000 valuation is to be allocated to	43532
machinery and equipment, inventory, and furniture and fixtures	43533
property in the same proportions as the tax year 2004 values. For	43534
the purpose of the calculations in division (A) of section 5751.21	43535
of the Revised Code, the tax year 2004 taxable values shall be	43536
used.	43537

To facilitate the calculations required under division (C) of	43538
this section, the county auditor, upon request from the tax	43539
commissioner, shall provide by August 1, 2005, the values of	43540
machinery and equipment, inventory, and furniture and fixtures for	43541
all single-county personal property taxpayers for tax year 2004.	43542

(D) Not later than September 15, 2005, the tax commissioner	43543
shall determine for each tax year from 2006 through 2009 for each	43544
school district, joint vocational school district, and local	43545
taxing unit its machinery and equipment, inventory, and furniture	43546
and fixtures fixed-rate levy losses, and for each tax year from	43547
2006 through 2011 its telephone property fixed-rate levy loss.	43548
Except as provided in division (F) of this section, such losses	43549
are the applicable amounts described in divisions (D)(1), (2),	43550
(3), and (4) of this section:	43551

(1) The machinery and equipment fixed-rate levy loss is the	43552
machinery and equipment property tax value loss multiplied by the	43553
sum of the tax rates of fixed-rate qualifying levies.	43554

(2) The inventory fixed-rate loss is the inventory property	43555
tax value loss multiplied by the sum of the tax rates of	43556
fixed-rate qualifying levies.	43557

(3) The furniture and fixtures fixed-rate levy loss is the	43558
furniture and fixture property tax value loss multiplied by the	43559
sum of the tax rates of fixed-rate qualifying levies.	43560

(4) The telephone property fixed-rate levy loss is the	43561
telephone property tax value loss multiplied by the sum of the tax	43562
rates of fixed-rate qualifying levies.	43563

(E) Not later than September 15, 2005, the tax commissioner	43564
shall determine for each school district, joint vocational school	43565
district, and local taxing unit its fixed-sum levy loss. The	43566
fixed-sum levy loss is the amount obtained by subtracting the	43567
amount described in division (E)(2) of this section from the	43568
amount described in division (E)(1) of this section:	43569

(1) The sum of the machinery and equipment property tax value	43570
loss, the inventory property tax value loss, and the furniture and	43571
fixtures property tax value loss, and, for 2008 through 2010, the	43572
telephone property tax value loss of the district or unit	43573
multiplied by the sum of the fixed-sum tax rates of qualifying	43574
levies. For 2006 through 2010, this computation shall include all	43575
qualifying levies remaining in effect for the current tax year and	43576
any school district levies charged and payable under section	43577
5705.194 or 5705.213 of the Revised Code that are qualifying	43578
levies not remaining in effect for the current year. For 2011	43579
through 2017 in the case of school district levies charged and	43580
payable under section 5705.194 or 5705.213 of the Revised Code and	43581
for all years after 2010 in the case of other fixed-sum levies,	43582
this computation shall include only qualifying levies remaining in	43583
effect for the current year. For purposes of this computation, a	43584
qualifying school district levy charged and payable under section	43585
5705.194 or 5705.213 of the Revised Code remains in effect in a	43586
year after 2010 only if, for that year, the board of education	43587
levies a school district levy charged and payable under section	43588
5705.194, 5705.199, 5705.213, or 5705.219 of the Revised Code for	43589
an annual sum at least equal to the annual sum levied by the board	43590
in tax year 2004 less the amount of the payment certified under	43591
this division for 2006.	43592

(2) The total taxable value in tax year 2004 less the sum of	43593
the machinery and equipment, inventory, furniture and fixtures,	43594
and telephone property tax value losses in each school district,	43595
joint vocational school district, and local taxing unit multiplied	43596
by one-half of one mill per dollar.	43597

(3) For the calculations in divisions (E)(1) and (2) of this	43598
section, the tax value losses are those that would be calculated	43599
for tax year 2009 under divisions (C)(1), (2), and (3) of this	43600
section and for tax year 2011 under division (C)(4) of this	43601
section.	43602

(4) To facilitate the calculation under divisions (D) and (E)	43603
of this section, not later than September 1, 2005, any school	43604
district, joint vocational school district, or local taxing unit	43605
that has a qualifying levy that was approved at an election	43606
conducted during 2005 before September 1, 2005, shall certify to	43607
the tax commissioner a copy of the county auditor's certificate of	43608
estimated property tax millage for such levy as required under	43609
division (B) of section 5705.03 of the Revised Code, which is the	43610
rate that shall be used in the calculations under such divisions.	43611

If the amount determined under division (E) of this section	43612
for any school district, joint vocational school district, or	43613
local taxing unit is greater than zero, that amount shall equal	43614
the reimbursement to be paid pursuant to division (E) of section	43615
5751.21 or division (A)(3) of section 5751.22 of the Revised Code,	43616
and the one-half of one mill that is subtracted under division	43617
(E)(2) of this section shall be apportioned among all contributing	43618
fixed-sum levies in the proportion that each levy bears to the sum	43619
of all fixed-sum levies within each school district, joint	43620
vocational school district, or local taxing unit.	43621

(F) If a school district levies a tax under section 5705.219	43622
of the Revised Code, the fixed-rate levy loss for qualifying	43623
levies, to the extent repealed under that section, shall equal the	43624
sum of the following amounts in lieu of the amounts computed for	43625
such levies under division (D) of this section:	43626

(1) The sum of the rates of qualifying levies to the extent	43627
so repealed multiplied by the sum of the machinery and equipment,	43628
inventory, and furniture and fixtures tax value losses for 2009 as	43629
determined under that division;	43630

(2) The sum of the rates of qualifying levies to the extent	43631
so repealed multiplied by the telephone property tax value loss	43632
for 2011 as determined under that division.	43633

The fixed-rate levy losses for qualifying levies to the	43634
extent not repealed under section 5705.219 of the Revised Code	43635
shall be as determined under division (D) of this section. The	43636
revised fixed-rate levy losses determined under this division and	43637
division (D) of this section first apply in the year following the	43638
first year the district levies the tax under section 5705.219 of	43639
the Revised Code.	43640

(G) Not later than October 1, 2005, the tax commissioner	43641
shall certify to the department of education for every school	43642
district and joint vocational school district the machinery and	43643
equipment, inventory, furniture and fixtures, and telephone	43644
property tax value losses determined under division (C) of this	43645
section, the machinery and equipment, inventory, furniture and	43646
fixtures, and telephone fixed-rate levy losses determined under	43647
division (D) of this section, and the fixed-sum levy losses	43648
calculated under division (E) of this section. The calculations	43649
under divisions (D) and (E) of this section shall separately	43650
display the levy loss for each levy eligible for reimbursement.	43651

(H) Not later than October 1, 2005, the tax commissioner	43652
shall certify the amount of the fixed-sum levy losses to the	43653
county auditor of each county in which a school district, joint	43654
vocational school district, or local taxing unit with a fixed-sum	43655
levy loss reimbursement has territory.	43656

(I) Not later than the twenty-eighth day of February each	43657
year beginning in 2011 and ending in 2014, the tax commissioner	43658
shall certify to the department of education for each school	43659
district first levying a tax under section 5705.219 of the Revised	43660
Code in the preceding year the revised fixed-rate levy losses	43661
determined under divisions (D) and (F) of this section.	43662

(J)(1) There is hereby created in the state treasury the	43663
commercial activity tax motor fuel receipts fund.	43664

(2)(a) On or before June 15, 2014, the director of the Ohio	43665
public works commission shall certify to the director of budget	43666
and management the amount of debt service paid from the general	43667
revenue fund in fiscal years 2013 and 2014 on bonds issued to	43668
finance or assist in the financing of the cost of local	43669
subdivision public infrastructure capital improvement projects, as	43670
provided for in Sections 2k, 2m, and 2p of Article VIII, Ohio	43671
Constitution, that are attributable to costs for construction,	43672
reconstruction, maintenance, or repair of public highways and	43673
bridges and other statutory highway purposes. That certification	43674
shall allocate the total amount of debt service paid from the	43675
general revenue fund and attributable to those costs in each of	43676
fiscal years 2013 and 2014 according to the applicable section of	43677
the Ohio Constitution under which the bonds were originally	43678
issued.	43679

(b) On or before June 30, 2014, the director of budget and	43680
management shall determine an amount up to but not exceeding the	43681
amount certified under division (J)(2)(a) of this section and	43682
shall reserve that amount from the cash balance in the commercial	43683
activity tax motor fuel receipts fund for transfer to the general	43684
revenue fund at times and in amounts to be determined by the	43685
director. The director shall transfer the cash balance in the	43686
commercial activity tax motor fuel receipts fund in excess of the	43687
amount so reserved to the highway operating fund on or before June	43688
30, 2014.	43689

(3)(a) On or before the fifteenth day of June of each fiscal	43690
year beginning with fiscal year 2015, the director of the Ohio	43691
public works commission shall certify to the director of budget	43692
and management the amount of debt service paid from the general	43693
revenue fund in the current fiscal year on bonds issued to finance	43694
or assist in the financing of the cost of local subdivision public	43695
infrastructure capital improvement projects, as provided for in	43696
Sections 2k, 2m, and 2p of Article VIII, Ohio Constitution, that	43697
are attributable to costs for construction, reconstruction,	43698
maintenance, or repair of public highways and bridges and other	43699
statutory highway purposes. That certification shall allocate the	43700
total amount of debt service paid from the general revenue fund	43701
and attributable to those costs in the current fiscal year	43702
according to the applicable section of the Ohio Constitution under	43703
which the bonds were originally issued.	43704

(b) On or before the thirtieth day of June of each fiscal	43705
year beginning with fiscal year 2015, the director of budget and	43706
management shall determine an amount up to but not exceeding the	43707
amount certified under division (J)(3)(a) of this section and	43708
shall reserve that amount from the cash balance in the ~~motor fuel~~	43709
~~receipts~~petroleum activity tax public highways fund or the	43710
commercial activity tax motor fuel receipts fund for transfer to	43711
the general revenue fund at times and in amounts to be determined	43712
by the director. The director shall transfer the cash balance in	43713
the ~~motor fuel receipts~~petroleum activity tax public highways	43714
fund or the commercial activity tax motor fuel receipts fund in	43715
excess of the amount so reserved to the highway operating fund on	43716
or before the thirtieth day of June of the current fiscal year.	43717

Sec. 5902.02. The duties of the director of veterans	43718
services shall include the following:	43719

(A) Furnishing the veterans service commissions of all	43720
counties of the state copies of the state laws, rules, and	43721
legislation relating to the operation of the commissions and their	43722
offices;	43723

(B) Upon application, assisting the general public in	43724
obtaining records of vital statistics pertaining to veterans or	43725
their dependents;	43726

(C) Adopting rules pursuant to Chapter 119. of the Revised	43727
Code pertaining to minimum qualifications for hiring, certifying,	43728
and accrediting county veterans service officers, pertaining to	43729
their required duties, and pertaining to revocation of the	43730
certification of county veterans service officers;	43731

(D) Adopting rules pursuant to Chapter 119. of the Revised	43732
Code for the education, training, certification, and duties of	43733
veterans service commissioners and for the revocation of the	43734
certification of a veterans service commissioner;	43735

(E) Developing and monitoring programs and agreements	43736
enhancing employment and training for veterans in single or	43737
multiple county areas;	43738

(F) Developing and monitoring programs and agreements to	43739
enable county veterans service commissions to address	43740
homelessness, indigency, and other veteran-related issues	43741
individually or jointly;	43742

(G) Developing and monitoring programs and agreements to	43743
enable state agencies, individually or jointly, that provide	43744
services to veterans, including the veterans' homes operated under	43745
Chapter 5907. of the Revised Code and the director of job and	43746
family services, to address homelessness, indigency, employment,	43747
and other veteran-related issues;	43748

(H) Establishing and providing statistical reporting formats	43749
and procedures for county veterans service commissions;	43750

(I) Publishing electronically a listing of county veterans	43751
service offices and county veterans service commissioners. The	43752
listing shall include the expiration dates of commission members'	43753
terms of office and the organizations they represent; the names,	43754
addresses, and telephone numbers of county veterans service	43755
offices; and the addresses and telephone numbers of the Ohio	43756
offices and headquarters of state and national veterans service	43757
organizations.	43758

(J) Establishing a veterans advisory committee to advise and	43759
assist the department of veterans services in its duties. Members	43760
shall include a member of the national guard association of the	43761
United States who is a resident of this state, a member of the	43762
military officers association of America who is a resident of this	43763
state, a state representative of congressionally chartered	43764
veterans organizations referred to in section 5901.02 of the	43765
Revised Code, a representative of any other congressionally	43766
chartered state veterans organization that has at least one	43767
veterans service commissioner in the state, three representatives	43768
of the Ohio state association of county veterans service	43769
commissioners, who shall have a combined vote of one, three	43770
representatives of the state association of county veterans	43771
service officers, who shall have a combined vote of one, one	43772
representative of the county commissioners association of Ohio,	43773
who shall be a county commissioner not from the same county as any	43774
of the other county representatives, a representative of the	43775
advisory committee on women veterans, a representative of a labor	43776
organization, and a representative of the office of the attorney	43777
general. The department of veterans services shall submit to the	43778
advisory committee proposed rules for the committee's operation.	43779
The committee may review and revise these proposed rules prior to	43780
submitting them to the joint committee on agency rule review.	43781

(K) Adopting, with the advice and assistance of the veterans	43782
advisory committee, policy and procedural guidelines that the	43783
veterans service commissions shall adhere to in the development	43784
and implementation of rules, policies, procedures, and guidelines	43785
for the administration of Chapter 5901. of the Revised Code. The	43786
department of veterans services shall adopt no guidelines or rules	43787
regulating the purposes, scope, duration, or amounts of financial	43788
assistance provided to applicants pursuant to sections 5901.01 to	43789
5901.15 of the Revised Code. The director of veterans services may	43790
obtain opinions from the office of the attorney general regarding	43791
rules, policies, procedures, and guidelines of the veterans	43792
service commissions and may enforce compliance with Chapter 5901.	43793
of the Revised Code.	43794

(L) Receiving copies of form DD214 filed in accordance with	43795
the director's guidelines adopted under division (L) of this	43796
section from members of veterans service commissions appointed	43797
under section 5901.02 and from county veterans service officers	43798
employed under section 5901.07 of the Revised Code;	43799

(M) Developing and maintaining and improving a resource, such	43800
as a telephone answering point or a web site, by means of which	43801
veterans and their dependents, through a single portal, can access	43802
multiple sources of information and interaction with regard to the	43803
rights of, and the benefits available to, veterans and their	43804
dependents. The director of veterans services may enter into	43805
agreements with state and federal agencies, with agencies of	43806
political subdivisions, with state and local instrumentalities,	43807
and with private entities as necessary to make the resource as	43808
complete as is possible.	43809

(N) Planning, organizing, advertising, and conducting	43810
outreach efforts, such as conferences and fairs, at which veterans	43811
and their dependents may meet, learn about the organization and	43812
operation of the department of veterans services and of veterans	43813
service commissions, and obtain information about the rights of,	43814
and the benefits and services available to, veterans and their	43815
dependents;	43816

(O) Advertising, in print, on radio and television, and	43817
otherwise, the rights of, and the benefits and services available	43818
to, veterans and their dependents;	43819

(P) Developing and advocating improved benefits and services	43820
for, and improved delivery of benefits and services to, veterans	43821
and their dependents;	43822

(Q) Searching for, identifying, and reviewing statutory and	43823
administrative policies that relate to veterans and their	43824
dependents and reporting to the general assembly statutory and	43825
administrative policies that should be consolidated in whole or in	43826
part within the organization of the department of veterans	43827
services to unify funding, delivery, and accounting of statutory	43828
and administrative policy expressions that relate particularly to	43829
veterans and their dependents;	43830

(R) Encouraging veterans service commissions to innovate and	43831
otherwise to improve efficiency in delivering benefits and	43832
services to veterans and their dependents and to report successful	43833
innovations and efficiencies to the director of veterans services;	43834

(S) Publishing and encouraging adoption of successful	43835
innovations and efficiencies veterans service commissions have	43836
achieved in delivering benefits and services to veterans and their	43837
dependents;	43838

(T) Establishing advisory committees, in addition to the	43839
veterans advisory committee established under division (K) of this	43840
section, on veterans issues;	43841

(U) Developing and maintaining a relationship with the United	43842
States department of veterans affairs, seeking optimal federal	43843
benefits and services for Ohio veterans and their dependents, and	43844
encouraging veterans service commissions to maximize the federal	43845
benefits and services to which veterans and their dependents are	43846
entitled;	43847

(V) Developing and maintaining relationships with the several	43848
veterans organizations, encouraging the organizations in their	43849
efforts at assisting veterans and their dependents, and advocating	43850
for adequate state subsidization of the organizations;	43851

(W) Requiring the several veterans organizations that receive	43852
funding from the state annually, not later than the thirtieth day	43853
of July, to report to the director of veterans services and	43854
prescribing the form and content of the report;	43855

(X) Reviewing the reports submitted to the director under	43856
division (W) of this section within thirty days of receipt and	43857
informing the veterans organization of any deficiencies that exist	43858
in the organization's report and that funding will not be released	43859
until the deficiencies have been corrected and a satisfactory	43860
report submitted;	43861

(Y) Advising the director of budget and management when a	43862
report submitted to the director under division (W) of this	43863
section has been reviewed and determined to be satisfactory;	43864

(Z) Furnishing copies of all reports that the director of	43865
veterans services has determined have been submitted	43866
satisfactorily under division (W) of this section to the	43867
chairperson of the finance committees of the general assembly;	43868

(AA) Investigating complaints against county veterans	43869
services commissioners and county veterans service officers if the	43870
director reasonably believes the investigation to be appropriate	43871
and necessary;	43872

(BB) Developing and maintaining a web site that is accessible	43873
by veterans and their dependents and provides a link to the web	43874
site of each state agency that issues a license, certificate, or	43875
other authorization permitting an individual to engage in an	43876
occupation or occupational activity;	43877

(CC) Encouraging state agencies to conduct outreach efforts	43878
through which veterans and their dependents can learn about	43879
available job and education benefits;	43880

(DD) Informing state agencies about changes in statutes and	43881
rules that affect veterans and their dependents;	43882

(EE) Assisting licensing agencies in adopting rules under	43883
section 5903.03 of the Revised Code;	43884

(FF) Taking any other actions required by this chapter.

43885

Sec. 5903.01. As used in this chapter:

43886

"Armed forces" means the armed forces of the United States,	43887
including the army, navy, air force, marine corps, coast guard, or	43888
any reserve components of those forces; the national guard of any	43889
state; the commissioned corps of the United States public health	43890
service; the merchant marine service during wartime; such other	43891
service as may be designated by congress; or the Ohio organized	43892
militia when engaged in full-time national guard duty for a period	43893
of more than thirty days.	43894

"License" means a license, certificate, permit, or other	43895
authorization issued or conferred by a licensing agency under	43896
which a licensee may engage in a profession, occupation, or	43897
occupational activity.	43898

"Licensee" means a person to whom all of the following apply:

43899

(A) The person has been issued a license by a licensing	43900
agency.	43901

(B) The person has been a member of the armed forces.

43902

(C) The person has served on active duty, whether inside or	43903
outside the United States, for a period in excess of thirty-one	43904
days.	43905

"Licensing agency" means any state department, division,	43906
board, commission, agency, or other state governmental unit	43907
authorized by the Revised Code to issue a license.	43908

"Member" means any person who is serving in the armed forces.

43909

"Merchant marine" includes the United States army transport	43910
service and the United States naval transport service.	43911

"Veteran" means any person who has completed service in the	43912
armed forces, including the national guard of any state, or a	43913
reserve component of the armed forces, who has been discharged	43914
under honorable conditions from the armed forces or who has been	43915
transferred to the reserve with evidence of satisfactory service.	43916

Sec. 5903.03. (A) As used in this section:

43917

~~(1) "License" and "licensing agency" have the meanings~~	43918
~~defined in section 5903.12 of the Revised Code.~~	43919

~~(2) "Military~~, "military program of training" means a	43920
training program of the armed forces ~~of the United States or a~~	43921
~~reserve component of the armed forces of the United States,~~	43922
~~including the Ohio national guard or the national guard of any~~	43923
~~other state~~.	43924

(B) Notwithstanding any provision of the Revised Code to the	43925
contrary, a licensing agency shall consider an applicant for a	43926
license:	43927

(1) To have met the educational requirement for that license	43928
if the applicant has completed a military program of training and	43929
has been awarded a military primary specialty at a level that is	43930
substantially equivalent to or exceeds the educational requirement	43931
for that license; and	43932

(2) To have met the experience requirement for that license	43933
if the applicant has served in that military primary specialty	43934
under honorable conditions for a period of time that is	43935
substantially equivalent to or exceeds the experience requirement	43936
for that license.	43937

(C) Each licensing agency, not later than June 30, 2014,	43938
shall adopt rules under Chapter 119. of the Revised Code regarding	43939
which military programs of training, military primary specialties,	43940
and lengths of service are substantially equivalent to or exceed	43941
the educational and experience requirements for each license that	43942
agency issues.	43943

Sec. 5903.04. Each licensing agency shall adopt rules under	43944
Chapter 119. of the Revised Code to establish and implement all of	43945
the following:	43946

(A) A process to obtain from each applicant documentation and	43947
additional information necessary to determine if the applicant is	43948
a member or veteran, or the spouse or surviving spouse of a member	43949
or veteran;	43950

(B) A process to record, track, and monitor applications that	43951
have been received from a member, veteran, or the spouse or	43952
surviving spouse of a member or veteran; and	43953

(C) A process to prioritize and expedite certification or	43954
licensing for each applicant who is a member, veteran, or the	43955
spouse or a surviving spouse of a member or veteran.	43956

In establishing these processes, the licensing agency shall	43957
include any special accommodations that may be appropriate for	43958
applicants facing imminent deployment.	43959

Sec. 5903.05. A licensing agency shall apply for approval to	43960
the state approving agency at the Ohio department of veterans	43961
services as required under 38 U.S.C. 3672(a) to enable an eligible	43962
person or veteran to receive education benefits through the United	43963
States department of veterans affairs.	43964

Sec. 5903.10. (A) A holder of an expired license or	43965
certificate from this state or any political subdivision or agency	43966
of the state to practice a trade or profession shall be granted a	43967
renewal of the license or certificate by the issuing board or	43968
authority at the usual cost without penalty and without	43969
re-examination if not otherwise disqualified because of mental or	43970
physical disability and if either of the following applies:	43971

(1) The license or certificate was not renewed because of the	43972
holder's service in the armed forces ~~of the United States or a~~	43973
~~reserve component of the armed forces of the United States,~~	43974
~~including the Ohio national guard or the national guard of any~~	43975
~~other state~~.	43976

(2) The license or certificate was not renewed because the	43977
holder's spouse served in the armed forces of the United States or	43978
a reserve component of the armed forces ~~of the United States,~~	43979
~~including the Ohio national guard or the national guard of any~~	43980
~~other state,~~ and the service resulted in the holder's absence from	43981
this state.	43982

(B) A renewal shall not be granted under division (A) of this	43983
section unless the holder or the holder's spouse, whichever is	43984
applicable, has presented satisfactory evidence of the service	43985
member's discharge under honorable conditions or release under	43986
honorable conditions from active duty or national guard duty	43987
within six months after the discharge or release.	43988

Sec. 5903.11. (A) Any federally funded employment and	43989
training program administered by any state agency including, but	43990
not limited to, the "Workforce Investment Act of 1998," 112 Stat.	43991
936, codified in scattered sections of 29 U.S.C., as amended,	43992
shall include a veteran priority system to provide maximum	43993
employment and training opportunities to veterans and eligible	43994
persons within each targeted group as established by federal law	43995
and state and federal policy in the service area. Disabled	43996
veterans, veterans of the Vietnam era, other veterans, and	43997
eligible persons shall receive preference over nonveterans within	43998
each targeted group in the provision of employment and training	43999
services available through these programs as required by this	44000
section.	44001

(B) Each state agency shall refer qualified applicants to job	44002
openings and training opportunities in programs described in	44003
division (A) of this section in the following order of priority:	44004

(1) Special disabled veterans;

44005

(2) Veterans of the Vietnam era;

44006

(3) Disabled veterans;

44007

(4) All other veterans;

44008

(5) Other eligible persons;

44009

(6) Nonveterans.

44010

(C) Each state agency providing employment and training	44011
services to veterans and eligible persons under programs described	44012
in division (A) of this section shall submit an annual written	44013
report to the speaker of the house of representatives and the	44014
president of the senate on the services that it provides to	44015
veterans and eligible persons. Each such agency shall report	44016
separately on all entitlement programs, employment or training	44017
programs, and any other programs that it provides to each class of	44018
persons described in divisions (B)(1) to (6) of this section. Each	44019
such agency shall also report on action taken to ensure compliance	44020
with statutory requirements. Compliance and reporting procedures	44021
shall be in accordance with the reporting procedures then in	44022
effect for all employment and training programs described in	44023
division (A) of this section, with the addition of veterans as a	44024
separate reporting module.	44025

(D) All state agencies that administer federally funded	44026
employment and training programs described in division (A) of this	44027
section for veterans and eligible persons shall do all of the	44028
following:	44029

(1) Ensure that veterans are treated with courtesy and	44030
respect at all state governmental facilities;	44031

(2) Give priority in referral to jobs to qualified veterans	44032
and other eligible persons;	44033

(3) Give priority in referral to and enrollment in training	44034
programs to qualified veterans and other eligible persons;	44035

(4) Give preferential treatment to special disabled veterans	44036
in the provision of all needed state services;	44037

(5) Provide information and effective referral assistance to	44038
veterans and other eligible persons regarding needed benefits and	44039
services that may be obtained through other agencies.	44040

(E) As used in this section:

44041

(1) "Special disabled veteran" means a veteran who is	44042
entitled to, or who but for the receipt of military pay would be	44043
entitled to, compensation under any law administered by the	44044
department of veterans affairs for a disability rated at thirty	44045
per cent or more or a person who was discharged or released from	44046
active duty because of a service-connected disability.	44047

(2) "Veteran of the Vietnam era" means an eligible veteran	44048
who served on active duty for a period of more than one hundred	44049
eighty days, any part of which occurred from August 5, 1964,	44050
through May 7, 1975, and was discharged or released therefrom with	44051
other than a dishonorable discharge or a person who was discharged	44052
or released from active duty for a service-connected disability if	44053
any part of the active duty was performed from August 5, 1964,	44054
through May 7, 1975.	44055

(3) "Disabled veteran" means a veteran who is entitled to, or	44056
who but for the receipt of military retirement pay would be	44057
entitled to compensation, under any law administered by the	44058
department of veterans affairs and who is not a special disabled	44059
veteran.	44060

(4) "Eligible veteran" means a person who served on active	44061
duty for more than one hundred eighty days and was discharged or	44062
released from active duty with other than a dishonorable discharge	44063
or a person who was discharged or released from active duty	44064
because of a service-connected disability.	44065

(5) "Other eligible person" means one of the following:

44066

(a) The spouse of any person who died of a service-connected	44067
disability;	44068

(b) The spouse of any member of the armed forces serving on	44069
active duty who at the time of the spouse's application for	44070
assistance under any program described in division (A) of this	44071
section is listed pursuant to the "Act of September 6, 1966," 80	44072
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant	44073
thereto, as having been in one or more of the following categories	44074
for a total of ninety or more days:	44075

(i) Missing in action;

44076

(ii) Captured in line of duty by a hostile force;

44077

(iii) Forcibly detained or interned in line of duty by a	44078
foreign government or power.	44079

(c) The spouse of any person who has a total disability	44080
permanent in nature resulting from a service-connected disability	44081
or the spouse of a veteran who died while such a disability was in	44082
existence.	44083

(6) "Veteran" means ~~either of the following:~~

44084

~~(a) Any person~~a veteran as defined in section 5903.01 of the	44085
Revised Code who was a member of the armed forces of the United	44086
States for a period of one hundred eighty days or more or; a	44087
person who was discharged or released from active duty because of	44088
a service-connected disability;	44089

~~(b) A~~or a person who served as a member of the United States	44090
merchant marine and to whom either of the following applies:	44091

~~(i)~~(a) The person has an honorable report of separation from	44092
active duty military service, form DD214 or DD215.; or	44093

~~(ii)~~(b) The person served in the United States merchant	44094
marine between December 7, 1941, and December 31, 1946, and died	44095
on active duty while serving in a war zone during that period of	44096
service.	44097

(7) ~~"Armed forces of the United States" means the army, air~~	44098
~~force, navy, marine corps, coast guard, and any other military~~	44099
~~service branch that is designated by congress as a part of the~~	44100
~~armed forces of the United States.~~	44101

~~(8)~~ "Employment program" means a program which provides	44102
referral of individuals to employer job openings in the federal,	44103
state, or private sector.	44104

~~(9)~~(8) "Training program" means any program that upgrades the	44105
employability of qualified applicants.	44106

~~(10)~~(9) "Entitlement program" means any program that enlists	44107
specific criteria in determining eligibility, including but not	44108
limited to the existence in special segments of the general	44109
population of specific financial needs.	44110

~~(11)~~(10) "Targeted group" means a group of persons designated	44111
by federal law or regulations or by state law to receive special	44112
assistance under an employment and training program described in	44113
division (A) of this section.	44114

~~(12) "United States merchant marine" includes the United~~	44115
~~States army transport service and the United States naval~~	44116
~~transport service.~~	44117

Sec. 5903.12. (A) As used in this section:

44118

~~(1)~~ "Continuing education" means continuing education	44119
required of a licensee by law and includes, but is not limited to,	44120
the continuing education required of licensees under sections	44121
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,	44122
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141,	44123
4736.11, 4741.16, 4741.19, 4751.07, 4755.63, 4757.33, 4759.06,	44124
4761.06, and 4763.07 of the Revised Code.	44125

~~(2) "License" means a license, certificate, permit, or other~~	44126
~~authorization issued or conferred by a licensing agency under~~	44127
~~which a licensee may engage in a profession, occupation, or~~	44128
~~occupational activity.~~	44129

~~(3) "Licensee" means a person to whom all of the following~~	44130
~~apply:~~	44131

~~(a) The person has been issued a license by a licensing~~	44132
~~agency.~~	44133

~~(b) The person has been a member of the armed forces of the~~	44134
~~United States, the Ohio national guard, the Ohio military reserve,~~	44135
~~the Ohio naval militia, the national guard of any other state, or~~	44136
~~a reserve component of the armed forces of the United States~~.	44137

~~(c) The person has served on active duty, whether inside or~~	44138
~~outside the United States, for a period in excess of thirty-one~~	44139
~~days.~~	44140

~~(4) "Licensing agency" means any state department, division,~~	44141
~~board, commission, agency, or other state governmental unit~~	44142
~~authorized by the Revised Code to issue a license.~~	44143

~~(5)~~ "Reporting period" means the period of time during which	44144
a licensee must complete the number of hours of continuing	44145
education required of the licensee by law.	44146

(B) A licensee may submit an application to a licensing	44147
agency, stating that the licensee requires an extension of the	44148
current reporting period because the licensee has served on active	44149
duty ~~as described in division (A)(3)(c) of this section~~ during the	44150
current or a prior reporting period. The licensee shall submit	44151
proper documentation certifying the active duty service and the	44152
length of that active duty service. Upon receiving the application	44153
and proper documentation, the licensing agency shall extend the	44154
current reporting period by an amount of time equal to the total	44155
number of months that the licensee spent on active duty during the	44156
current reporting period. For purposes of this division, any	44157
portion of a month served on active duty shall be considered one	44158
full month.	44159

Sec. 5903.121. A "licensing agency~~," as defined in section~~	44160
~~5903.12 of the Revised Code,~~ shall consider relevant education,	44161
training, or service completed by a licensee as a member of the	44162
armed forces ~~of the United States or reserve components thereof,~~	44163
~~the Ohio national guard, the Ohio military reserve, the Ohio naval~~	44164
~~militia, or the national guard of any other state~~ in determining	44165
whether a licensee has fulfilled required continuing education.	44166

Sec. 5907.01. (A) As used in this chapter:

44167

(1) "Armed forces of the United States" ~~has the same meaning~~	44168
~~as in section 5903.11 of the Revised Code~~means the army, air	44169
force, navy, marine corps, coast guard, and any other military	44170
service branch that is designated by congress as a part of the	44171
armed forces of the United States.	44172

(2) "Domiciliary" means a separate area within the Ohio	44173
veterans' home providing domiciliary care.	44174

(3) "Domiciliary care" means providing shelter, food, and	44175
necessary medical care on an ambulatory self-care basis to	44176
eligible veterans who do not need the nursing services provided in	44177
nursing homes.	44178

(4) "Nursing home" has the same meaning as in section 3721.01	44179
of the Revised Code.	44180

(5) "Veteran" has the same meaning as in section 5901.01 of	44181
the Revised Code.	44182

(B) There are hereby established the Ohio veterans' homes	44183
within the department of veterans services. The department shall	44184
maintain and operate state veterans' homes as administered under	44185
the state veterans' home programs defined in Title 38 of the	44186
United States Code.	44187

Sec. 5907.04. ~~Subject~~As used in this section, "armed forces	44188
of the United States" means the army, air force, navy, marine	44189
corps, coast guard, and any other military service branch that is	44190
designated by congress as a part of the armed forces of the United	44191
States.	44192

Subject to the following paragraph, all veterans, who served	44193
during a period of conflict as determined by the United States	44194
department of veterans affairs or any person who is awarded either	44195
the armed forces expeditionary medal established by presidential	44196
executive order 10977 dated December 4, 1961, or the Vietnam	44197
service medal established by presidential executive order 11231	44198
dated July 8, 1965, who have been honorably discharged or	44199
separated under honorable conditions therefrom, or any discharged	44200
members of the Polish and Czechoslovakian armed forces who served	44201
in armed conflict with an enemy of the United States in World War	44202
II who have been citizens of the United States for at least ten	44203
years, provided that the above-mentioned persons have been	44204
citizens of this state for one year or more at the date of making	44205
application for admission, are disabled by disease, wounds, or	44206
otherwise, and are by reason of such disability incapable of	44207
earning their living, and all members of the Ohio national guard	44208
or naval militia who have lost an arm or leg, or their sight, or	44209
become permanently disabled from any cause, while in the line and	44210
discharge of duty, and are not able to support themselves, may be	44211
admitted to a veterans' home under such rules as the director of	44212
veterans services adopts.	44213

A veteran who served in the armed forces of the United States	44214
~~as defined in division (E)(7) of section 5903.11 of the Revised~~	44215
~~Code~~ is eligible for admission to a veterans' home under the	44216
preceding paragraph only if the person has the characteristics	44217
defined in division (B)(1) of section 5901.01 of the Revised Code.	44218

Veterans' homes may reserve a bed during the temporary	44219
absence of a resident or patient from the home, including a	44220
nursing home within it, under conditions prescribed by the	44221
director, to include hospitalization for an acute condition,	44222
visits with relatives and friends, and participation in	44223
therapeutic programs outside the home. A home shall not reserve a	44224
bed for more than thirty days, except that absences for more than	44225
thirty days due to hospitalization may be authorized.	44226

Sec. 6109.10. (A)(1) As used in this section, "lead free"	44227
means:	44228

~~(1) When used with respect to solders or flux, solders or~~	44229
~~flux containing~~(a) Containing not more than two-tenths of one per	44230
cent lead when used with respect to solders or flux;	44231

(2) ~~When used with respect to pipes or pipe fittings, pipes~~	44232
~~or pipe fittings containing~~(b) Containing not more than ~~eight~~a	44233
weighted average of twenty-five-hundredths per cent lead when used	44234
with respect to wetted surfaces of pipes, pipe fittings, or	44235
plumbing fittings or fixtures.	44236

~~(B) Any pipe, pipe fitting, solder, or flux that is used in~~	44237
~~the installation or repair of a public water system or of any~~	44238
~~plumbing in a residential or nonresidential facility providing~~	44239
~~water for human consumption which is connected to a public water~~	44240
~~system shall be lead free. This division does not apply to leaded~~	44241
~~joints necessary for the repair of cast iron pipes.~~(2) For	44242
purposes of this section, the weighted average lead content of a	44243
pipe, pipe fitting, or plumbing fitting or fixture shall be	44244
calculated by using the following formula: for each wetted	44245
component, the percentage of lead in the component shall be	44246
multiplied by the ratio of the wetted surface area of that	44247
component to the total wetted surface area of the entire product	44248
to determine the weighted percentage of lead of the component. The	44249
weighted percentage of lead of each wetted component shall be	44250
added together, and the sum of the weighted percentages shall	44251
constitute the weighted average lead content of the product. The	44252
lead content of the material used to produce wetted components	44253
shall be used to determine whether the wetted surfaces are lead	44254
free pursuant to division (A)(1)(b) of this section. For purposes	44255
of the lead contents of materials that are provided as a range,	44256
the maximum content of the range shall be used.	44257

(B) Except as provided in division (D) of this section, no	44258
person shall do any of the following:	44259

(1) Use any pipe, pipe fitting, plumbing fitting or fixture,	44260
solder, or flux that is not lead free in the installation or	44261
repair of a public water system or of any plumbing in a	44262
residential or nonresidential facility providing water for human	44263
consumption;	44264

(2) Introduce into commerce any pipe, pipe fitting, or	44265
plumbing fitting or fixture that is not lead free;	44266

(3) Sell solder or flux that is not lead free while engaged	44267
in the business of selling plumbing supplies;	44268

(4) Introduce into commerce any solder or flux that is not	44269
lead free unless the solder or flux has a prominent label stating	44270
that it is illegal to use the solder or flux in the installation	44271
or repair of any plumbing providing water for human consumption.	44272

(C) ~~Each~~The owner or operator of a public water system shall	44273
identify and provide notice to persons that may be affected by	44274
lead contamination of their drinking water if the contamination	44275
results from the lead content in the construction materials of the	44276
public water distribution system, the corrosivity of the water	44277
supply is sufficient to cause the leaching of lead, or both. The	44278
notice shall be in such form and manner as may be reasonably	44279
required by the director of environmental protection, but shall	44280
provide a clear and readily understandable explanation of all of	44281
the following:	44282

(1) Potential sources of lead in the drinking water;

44283

(2) Potential adverse health effects;

44284

(3) Reasonably available methods of mitigating known or	44285
potential lead content in drinking water;	44286

(4) Any steps the public water system is taking to mitigate	44287
lead content in drinking water;	44288

(5) The necessity, if any, of seeking alternative water	44289
supplies.	44290

The notice shall be provided notwithstanding the absence of a	44291
violation of any drinking water standard.	44292

(D)(1) Division (B)(1) of this section does not apply to the	44293
use of leaded joints that are necessary for the repair of cast	44294
iron pipes.	44295

(2) Division (B)(2) of this section does not apply to a pipe	44296
that is used in manufacturing or industrial processing.	44297

(3) Division (B)(3) of this section does not apply to the	44298
selling of plumbing supplies by manufacturers of those supplies.	44299

(4) Division (B) of this section does not apply to either of	44300
the following:	44301

(a) Pipes, pipe fittings, or plumbing fittings or fixtures,	44302
including backflow preventers, that are used exclusively for	44303
nonpotable services such as manufacturing, industrial processing,	44304
irrigation, outdoor watering, or any other uses where the water is	44305
not anticipated to be used for human consumption;	44306

(b) Toilets, bidets, urinals, fill valves, flushometer	44307
valves, tub fillers, shower valves, service saddles, or water	44308
distribution main gate valves that are two inches in diameter or	44309
larger.	44310

Sec. 6111.03. The director of environmental protection may	44311
do any of the following:	44312

(A) Develop plans and programs for the prevention, control,	44313
and abatement of new or existing pollution of the waters of the	44314
state;	44315

(B) Advise, consult, and cooperate with other agencies of the	44316
state, the federal government, other states, and interstate	44317
agencies and with affected groups, political subdivisions, and	44318
industries in furtherance of the purposes of this chapter. Before	44319
adopting, amending, or rescinding a standard or rule pursuant to	44320
division (G) of this section or section 6111.041 or 6111.042 of	44321
the Revised Code, the director shall do all of the following:	44322

(1) Mail notice to each statewide organization that the	44323
director determines represents persons who would be affected by	44324
the proposed standard or rule, amendment thereto, or rescission	44325
thereof at least thirty-five days before any public hearing	44326
thereon;	44327

(2) Mail a copy of each proposed standard or rule, amendment	44328
thereto, or rescission thereof to any person who requests a copy,	44329
within five days after receipt of the request therefor;	44330

(3) Consult with appropriate state and local government	44331
agencies or their representatives, including statewide	44332
organizations of local government officials, industrial	44333
representatives, and other interested persons.	44334

Although the director is expected to discharge these duties	44335
diligently, failure to mail any such notice or copy or to so	44336
consult with any person shall not invalidate any proceeding or	44337
action of the director.	44338

(C) Administer grants from the federal government and from	44339
other sources, public or private, for carrying out any of its	44340
functions, all such moneys to be deposited in the state treasury	44341
and kept by the treasurer of state in a separate fund subject to	44342
the lawful orders of the director;	44343

(D) Administer state grants for the construction of sewage	44344
and waste collection and treatment works;	44345

(E) Encourage, participate in, or conduct studies,	44346
investigations, research, and demonstrations relating to water	44347
pollution, and the causes, prevention, control, and abatement	44348
thereof, that are advisable and necessary for the discharge of the	44349
director's duties under this chapter;	44350

(F) Collect and disseminate information relating to water	44351
pollution and prevention, control, and abatement thereof;	44352

(G) Adopt, amend, and rescind rules in accordance with	44353
Chapter 119. of the Revised Code governing the procedure for	44354
hearings, the filing of reports, the issuance of permits, the	44355
issuance of industrial water pollution control certificates, and	44356
all other matters relating to procedure;	44357

(H) Issue, modify, or revoke orders to prevent, control, or	44358
abate water pollution by such means as the following:	44359

(1) Prohibiting or abating discharges of sewage, industrial	44360
waste, or other wastes into the waters of the state;	44361

(2) Requiring the construction of new disposal systems or any	44362
parts thereof, or the modification, extension, or alteration of	44363
existing disposal systems or any parts thereof;	44364

(3) Prohibiting additional connections to or extensions of a	44365
sewerage system when the connections or extensions would result in	44366
an increase in the polluting properties of the effluent from the	44367
system when discharged into any waters of the state;	44368

(4) Requiring compliance with any standard or rule adopted	44369
under sections 6111.01 to 6111.05 of the Revised Code or term or	44370
condition of a permit.	44371

In the making of those orders, wherever compliance with a	44372
rule adopted under section 6111.042 of the Revised Code is not	44373
involved, consistent with the Federal Water Pollution Control Act,	44374
the director shall give consideration to, and base the	44375
determination on, evidence relating to the technical feasibility	44376
and economic reasonableness of complying with those orders and to	44377
evidence relating to conditions calculated to result from	44378
compliance with those orders, and their relation to benefits to	44379
the people of the state to be derived from such compliance in	44380
accomplishing the purposes of this chapter.	44381

(I) Review plans, specifications, or other data relative to	44382
disposal systems or any part thereof in connection with the	44383
issuance of orders, permits, and industrial water pollution	44384
control certificates under this chapter;	44385

(J)(1) Issue, revoke, modify, or deny sludge management	44386
permits and permits for the discharge of sewage, industrial waste,	44387
or other wastes into the waters of the state, and for the	44388
installation or modification of disposal systems or any parts	44389
thereof in compliance with all requirements of the Federal Water	44390
Pollution Control Act and mandatory regulations adopted	44391
thereunder, including regulations adopted under section 405 of the	44392
Federal Water Pollution Control Act, and set terms and conditions	44393
of permits, including schedules of compliance, where necessary.	44394
Any person who discharges, transports, or handles storm water from	44395
an animal feeding facility, as defined in section 903.01 of the	44396
Revised Code, or pollutants from a concentrated animal feeding	44397
operation, as both terms are defined in that section, is not	44398
required to obtain a permit under division (J)(1) of this section	44399
for the installation or modification of a disposal system	44400
involving pollutants or storm water or any parts of such a system	44401
on and after the date on which the director of agriculture has	44402
finalized the program required under division (A)(1) of section	44403
903.02 of the Revised Code. In addition, any person who	44404
discharges, transports, or handles storm water from an animal	44405
feeding facility, as defined in section 903.01 of the Revised	44406
Code, or pollutants from a concentrated animal feeding operation,	44407
as both terms are defined in that section, is not required to	44408
obtain a permit under division (J)(1) of this section for the	44409
discharge of storm water from an animal feeding facility or	44410
pollutants from a concentrated animal feeding operation on and	44411
after the date on which the United States environmental protection	44412
agency approves the NPDES program submitted by the director of	44413
agriculture under section 903.08 of the Revised Code.	44414

Any permit terms and conditions set by the director shall be	44415
designed to achieve and maintain full compliance with the national	44416
effluent limitations, national standards of performance for new	44417
sources, and national toxic and pretreatment effluent standards	44418
set under that act, and any other mandatory requirements of that	44419
act that are imposed by regulation of the administrator of the	44420
United States environmental protection agency. If an applicant for	44421
a sludge management permit also applies for a related permit for	44422
the discharge of sewage, industrial waste, or other wastes into	44423
the waters of the state, the director may combine the two permits	44424
and issue one permit to the applicant.	44425

A sludge management permit is not required for an entity that	44426
treats or transports sewage sludge or for a sanitary landfill when	44427
all of the following apply:	44428

(a) The entity or sanitary landfill does not generate the	44429
sewage sludge.	44430

(b) Prior to receipt at the sanitary landfill, the entity has	44431
ensured that the sewage sludge meets the requirements established	44432
in rules adopted by the director under section 3734.02 of the	44433
Revised Code concerning disposal of municipal solid waste in a	44434
sanitary landfill.	44435

(c) Disposal of the sewage sludge occurs at a sanitary	44436
landfill that complies with rules adopted by the director under	44437
section 3734.02 of the Revised Code.	44438

As used in division (J)(1) of this section, "sanitary	44439
landfill" means a sanitary landfill facility, as defined in rules	44440
adopted under section 3734.02 of the Revised Code, that is	44441
licensed as a solid waste facility under section 3734.05 of the	44442
Revised Code.	44443

(2) An application for a permit or renewal thereof shall be	44444
denied if any of the following applies:	44445

(a) The secretary of the army determines in writing that	44446
anchorage or navigation would be substantially impaired thereby;	44447

(b) The director determines that the proposed discharge or	44448
source would conflict with an areawide waste treatment management	44449
plan adopted in accordance with section 208 of the Federal Water	44450
Pollution Control Act;	44451

(c) The administrator of the United States environmental	44452
protection agency objects in writing to the issuance or renewal of	44453
the permit in accordance with section 402 (d) of the Federal Water	44454
Pollution Control Act;	44455

(d) The application is for the discharge of any radiological,	44456
chemical, or biological warfare agent or high-level radioactive	44457
waste into the waters of the United States.	44458

(3) To achieve and maintain applicable standards of quality	44459
for the waters of the state adopted pursuant to section 6111.041	44460
of the Revised Code, the director shall impose, where necessary	44461
and appropriate, as conditions of each permit, water quality	44462
related effluent limitations in accordance with sections 301, 302,	44463
306, 307, and 405 of the Federal Water Pollution Control Act and,	44464
to the extent consistent with that act, shall give consideration	44465
to, and base the determination on, evidence relating to the	44466
technical feasibility and economic reasonableness of removing the	44467
polluting properties from those wastes and to evidence relating to	44468
conditions calculated to result from that action and their	44469
relation to benefits to the people of the state and to	44470
accomplishment of the purposes of this chapter.	44471

(4) Where a discharge having a thermal component from a	44472
source that is constructed or modified on or after October 18,	44473
1972, meets national or state effluent limitations or more	44474
stringent permit conditions designed to achieve and maintain	44475
compliance with applicable standards of quality for the waters of	44476
the state, which limitations or conditions will ensure protection	44477
and propagation of a balanced, indigenous population of shellfish,	44478
fish, and wildlife in or on the body of water into which the	44479
discharge is made, taking into account the interaction of the	44480
thermal component with sewage, industrial waste, or other wastes,	44481
the director shall not impose any more stringent limitation on the	44482
thermal component of the discharge, as a condition of a permit or	44483
renewal thereof for the discharge, during a ten-year period	44484
beginning on the date of completion of the construction or	44485
modification of the source, or during the period of depreciation	44486
or amortization of the source for the purpose of section 167 or	44487
169 of the Internal Revenue Code of 1954, whichever period ends	44488
first.	44489

(5) The director shall specify in permits for the discharge	44490
of sewage, industrial waste, and other wastes, the net volume, net	44491
weight, duration, frequency, and, where necessary, concentration	44492
of the sewage, industrial waste, and other wastes that may be	44493
discharged into the waters of the state. The director shall	44494
specify in those permits and in sludge management permits that the	44495
permit is conditioned upon payment of applicable fees as required	44496
by section 3745.11 of the Revised Code and upon the right of the	44497
director's authorized representatives to enter upon the premises	44498
of the person to whom the permit has been issued for the purpose	44499
of determining compliance with this chapter, rules adopted	44500
thereunder, or the terms and conditions of a permit, order, or	44501
other determination. The director shall issue or deny an	44502
application for a sludge management permit or a permit for a new	44503
discharge, for the installation or modification of a disposal	44504
system, or for the renewal of a permit, within one hundred eighty	44505
days of the date on which a complete application with all plans,	44506
specifications, construction schedules, and other pertinent	44507
information required by the director is received.	44508

(6) The director may condition permits upon the installation	44509
of discharge or water quality monitoring equipment or devices and	44510
the filing of periodic reports on the amounts and contents of	44511
discharges and the quality of receiving waters that the director	44512
prescribes. The director shall condition each permit for a	44513
government-owned disposal system or any other "treatment works" as	44514
defined in the Federal Water Pollution Control Act upon the	44515
reporting of new introductions of industrial waste or other wastes	44516
and substantial changes in volume or character thereof being	44517
introduced into those systems or works from "industrial users" as	44518
defined in section 502 of that act, as necessary to comply with	44519
section 402(b)(8) of that act; upon the identification of the	44520
character and volume of pollutants subject to pretreatment	44521
standards being introduced into the system or works; and upon the	44522
existence of a program to ensure compliance with pretreatment	44523
standards by "industrial users" of the system or works. In	44524
requiring monitoring devices and reports, the director, to the	44525
extent consistent with the Federal Water Pollution Control Act,	44526
shall give consideration to technical feasibility and economic	44527
reasonableness and shall allow reasonable time for compliance.	44528

(7) A permit may be issued for a period not to exceed five	44529
years and may be renewed upon application for renewal. In renewing	44530
a permit, the director shall consider the compliance history of	44531
the permit holder and may deny the renewal if the director	44532
determines that the permit holder has not complied with the terms	44533
and conditions of the existing permit. A permit may be modified,	44534
suspended, or revoked for cause, including, but not limited to,	44535
violation of any condition of the permit, obtaining a permit by	44536
misrepresentation or failure to disclose fully all relevant facts	44537
of the permitted discharge or of the sludge use, storage,	44538
treatment, or disposal practice, or changes in any condition that	44539
requires either a temporary or permanent reduction or elimination	44540
of the permitted activity. No application shall be denied or	44541
permit revoked or modified without a written order stating the	44542
findings upon which the denial, revocation, or modification is	44543
based. A copy of the order shall be sent to the applicant or	44544
permit holder by certified mail.	44545

(K) Institute or cause to be instituted in any court of	44546
competent jurisdiction proceedings to compel compliance with this	44547
chapter or with the orders of the director issued under this	44548
chapter, or to ensure compliance with sections 204(b), 307, 308,	44549
and 405 of the Federal Water Pollution Control Act;	44550

(L) Issue, deny, revoke, or modify industrial water pollution	44551
control certificates;	44552

(M) Certify to the government of the United States or any	44553
agency thereof that an industrial water pollution control facility	44554
is in conformity with the state program or requirements for the	44555
control of water pollution whenever the certification may be	44556
required for a taxpayer under the Internal Revenue Code of the	44557
United States, as amended;	44558

(N) Issue, modify, and revoke orders requiring any	44559
"industrial user" of any publicly owned "treatment works" as	44560
defined in sections 212(2) and 502(18) of the Federal Water	44561
Pollution Control Act to comply with pretreatment standards;	44562
establish and maintain records; make reports; install, use, and	44563
maintain monitoring equipment or methods, including, where	44564
appropriate, biological monitoring methods; sample discharges in	44565
accordance with methods, at locations, at intervals, and in a	44566
manner that the director determines; and provide other information	44567
that is necessary to ascertain whether or not there is compliance	44568
with toxic and pretreatment effluent standards. In issuing,	44569
modifying, and revoking those orders, the director, to the extent	44570
consistent with the Federal Water Pollution Control Act, shall	44571
give consideration to technical feasibility and economic	44572
reasonableness and shall allow reasonable time for compliance.	44573

(O) Exercise all incidental powers necessary to carry out the	44574
purposes of this chapter;	44575

(P) Certify or deny certification to any applicant for a	44576
federal license or permit to conduct any activity that may result	44577
in any discharge into the waters of the state that the discharge	44578
will comply with the Federal Water Pollution Control Act;	44579

(Q) Administer and enforce the publicly owned treatment works	44580
pretreatment program in accordance with the Federal Water	44581
Pollution Control Act. In the administration of that program, the	44582
director may do any of the following:	44583

(1) Apply and enforce pretreatment standards;

44584

(2) Approve and deny requests for approval of publicly owned	44585
treatment works pretreatment programs, oversee those programs, and	44586
implement, in whole or in part, those programs under any of the	44587
following conditions:	44588

(a) The director has denied a request for approval of the	44589
publicly owned treatment works pretreatment program;	44590

(b) The director has revoked the publicly owned treatment	44591
works pretreatment program;	44592

(c) There is no pretreatment program currently being	44593
implemented by the publicly owned treatment works;	44594

(d) The publicly owned treatment works has requested the	44595
director to implement, in whole or in part, the pretreatment	44596
program.	44597

(3) Require that a publicly owned treatment works	44598
pretreatment program be incorporated in a permit issued to a	44599
publicly owned treatment works as required by the Federal Water	44600
Pollution Control Act, require compliance by publicly owned	44601
treatment works with those programs, and require compliance by	44602
industrial users with pretreatment standards;	44603

(4) Approve and deny requests for authority to modify	44604
categorical pretreatment standards to reflect removal of	44605
pollutants achieved by publicly owned treatment works;	44606

(5) Deny and recommend approval of requests for fundamentally	44607
different factors variances submitted by industrial users;	44608

(6) Make determinations on categorization of industrial	44609
users;	44610

(7) Adopt, amend, or rescind rules and issue, modify, or	44611
revoke orders necessary for the administration and enforcement of	44612
the publicly owned treatment works pretreatment program.	44613

Any approval of a publicly owned treatment works pretreatment	44614
program may contain any terms and conditions, including schedules	44615
of compliance, that are necessary to achieve compliance with this	44616
chapter.	44617

(R) Except as otherwise provided in this division, adopt	44618
rules in accordance with Chapter 119. of the Revised Code	44619
establishing procedures, methods, and equipment and other	44620
requirements for equipment to prevent and contain discharges of	44621
oil and hazardous substances into the waters of the state. The	44622
rules shall be consistent with and equivalent in scope, content,	44623
and coverage to section 311(j)(1)(c) of the Federal Water	44624
Pollution Control Act and regulations adopted under it. The	44625
director shall not adopt rules under this division relating to	44626
discharges of oil from oil production facilities and oil drilling	44627
and workover facilities as those terms are defined in that act and	44628
regulations adopted under it.	44629

(S)(1) Administer and enforce a program for the regulation of	44630
sludge management in this state. In administering the program, the	44631
director, in addition to exercising the authority provided in any	44632
other applicable sections of this chapter, may do any of the	44633
following:	44634

(a) Develop plans and programs for the disposal and	44635
utilization of sludge and sludge materials;	44636

(b) Encourage, participate in, or conduct studies,	44637
investigations, research, and demonstrations relating to the	44638
disposal and use of sludge and sludge materials and the impact of	44639
sludge and sludge materials on land located in the state and on	44640
the air and waters of the state;	44641

(c) Collect and disseminate information relating to the	44642
disposal and use of sludge and sludge materials and the impact of	44643
sludge and sludge materials on land located in the state and on	44644
the air and waters of the state;	44645

(d) Issue, modify, or revoke orders to prevent, control, or	44646
abate the use and disposal of sludge and sludge materials or the	44647
effects of the use of sludge and sludge materials on land located	44648
in the state and on the air and waters of the state;	44649

(e) Adopt and enforce, modify, or rescind rules necessary for	44650
the implementation of division (S) of this section. The rules	44651
reasonably shall protect public health and the environment,	44652
encourage the beneficial reuse of sludge and sludge materials, and	44653
minimize the creation of nuisance odors.	44654

The director may specify in sludge management permits the net	44655
volume, net weight, quality, and pollutant concentration of the	44656
sludge or sludge materials that may be used, stored, treated, or	44657
disposed of, and the manner and frequency of the use, storage,	44658
treatment, or disposal, to protect public health and the	44659
environment from adverse effects relating to those activities. The	44660
director shall impose other terms and conditions to protect public	44661
health and the environment, minimize the creation of nuisance	44662
odors, and achieve compliance with this chapter and rules adopted	44663
under it and, in doing so, shall consider whether the terms and	44664
conditions are consistent with the goal of encouraging the	44665
beneficial reuse of sludge and sludge materials.	44666

The director may condition permits on the implementation of	44667
treatment, storage, disposal, distribution, or application	44668
management methods and the filing of periodic reports on the	44669
amounts, composition, and quality of sludge and sludge materials	44670
that are disposed of, used, treated, or stored.	44671

An approval of a treatment works sludge disposal program may	44672
contain any terms and conditions, including schedules of	44673
compliance, necessary to achieve compliance with this chapter and	44674
rules adopted under it.	44675

(2) As a part of the program established under division	44676
(S)(1) of this section, the director has exclusive authority to	44677
regulate sewage sludge management in this state. For purposes of	44678
division (S)(2) of this section, that program shall be consistent	44679
with section 405 of the Federal Water Pollution Control Act and	44680
regulations adopted under it and with this section, except that	44681
the director may adopt rules under division (S) of this section	44682
that establish requirements that are more stringent than section	44683
405 of the Federal Water Pollution Control Act and regulations	44684
adopted under it with regard to monitoring sewage sludge and	44685
sewage sludge materials and establishing acceptable sewage sludge	44686
management practices and pollutant levels in sewage sludge and	44687
sewage sludge materials.	44688

This chapter authorizes the state to participate in any	44689
national sludge management program and the national pollutant	44690
discharge elimination system, to administer and enforce the	44691
publicly owned treatment works pretreatment program, and to issue	44692
permits for the discharge of dredged or fill materials, in	44693
accordance with the Federal Water Pollution Control Act. This	44694
chapter shall be administered, consistent with the laws of this	44695
state and federal law, in the same manner that the Federal Water	44696
Pollution Control Act is required to be administered.	44697

This section does not apply to ~~animal waste~~residual farm	44698
products and manure disposal systems and related management and	44699
conservation practices subject to rules adopted pursuant to	44700
division ~~(E)(4)~~(C)(1) of section ~~1511.02~~939.02 of the Revised	44701
Code. For purposes of this exclusion, "residual farm products" and	44702
"manure" have the same meanings as in section 939.01 of the	44703
Revised Code. However, until the date on which the United States	44704
environmental protection agency approves the NPDES program	44705
submitted by the director of agriculture under section 903.08 of	44706
the Revised Code, this exclusion does not apply to animal waste	44707
treatment works having a controlled direct discharge to the waters	44708
of the state or any concentrated animal feeding operation, as	44709
defined in 40 C.F.R. 122.23(b)(2). On and after the date on which	44710
the United States environmental protection agency approves the	44711
NPDES program submitted by the director of agriculture under	44712
section 903.08 of the Revised Code, this section does not apply to	44713
storm water from an animal feeding facility, as defined in section	44714
903.01 of the Revised Code, or to pollutants discharged from a	44715
concentrated animal feeding operation, as both terms are defined	44716
in that section. Neither of these exclusions applies to the	44717
discharge of animal waste into a publicly owned treatment works.	44718

Sec. 6111.04. (A) Both of the following apply except as	44719
otherwise provided in division (A) or (F) of this section:	44720

(1) No person shall cause pollution or place or cause to be	44721
placed any sewage, sludge, sludge materials, industrial waste, or	44722
other wastes in a location where they cause pollution of any	44723
waters of the state.	44724

(2) Such an action prohibited under division (A)(1) of this	44725
section is hereby declared to be a public nuisance.	44726

Divisions (A)(1) and (2) of this section do not apply if the	44727
person causing pollution or placing or causing to be placed wastes	44728
in a location in which they cause pollution of any waters of the	44729
state holds a valid, unexpired permit, or renewal of a permit,	44730
governing the causing or placement as provided in sections 6111.01	44731
to 6111.08 of the Revised Code or if the person's application for	44732
renewal of such a permit is pending.	44733

(B) If the director of environmental protection administers a	44734
sludge management program pursuant to division (S) of section	44735
6111.03 of the Revised Code, both of the following apply except as	44736
otherwise provided in division (B) or (F) of this section:	44737

(1) No person, in the course of sludge management, shall	44738
place on land located in the state or release into the air of the	44739
state any sludge or sludge materials.	44740

(2) An action prohibited under division (B)(1) of this	44741
section is hereby declared to be a public nuisance.	44742

Divisions (B)(1) and (2) of this section do not apply if the	44743
person placing or releasing the sludge or sludge materials holds a	44744
valid, unexpired permit, or renewal of a permit, governing the	44745
placement or release as provided in sections 6111.01 to 6111.08 of	44746
the Revised Code or if the person's application for renewal of	44747
such a permit is pending.	44748

(C) No person to whom a permit has been issued shall place or	44749
discharge, or cause to be placed or discharged, in any waters of	44750
the state any sewage, sludge, sludge materials, industrial waste,	44751
or other wastes in excess of the permissive discharges specified	44752
under an existing permit without first receiving a permit from the	44753
director to do so.	44754

(D) No person to whom a sludge management permit has been	44755
issued shall place on the land or release into the air of the	44756
state any sludge or sludge materials in excess of the permissive	44757
amounts specified under the existing sludge management permit	44758
without first receiving a modification of the existing sludge	44759
management permit or a new sludge management permit to do so from	44760
the director.	44761

(E) The director may require the submission of plans,	44762
specifications, and other information that the director considers	44763
relevant in connection with the issuance of permits.	44764

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

44765

(1) Waters used in washing sand, gravel, other aggregates, or	44766
mineral products when the washing and the ultimate disposal of the	44767
water used in the washing, including any sewage, industrial waste,	44768
or other wastes contained in the waters, are entirely confined to	44769
the land under the control of the person engaged in the recovery	44770
and processing of the sand, gravel, other aggregates, or mineral	44771
products and do not result in the pollution of waters of the	44772
state;	44773

(2) Water, gas, or other material injected into a well to	44774
facilitate, or that is incidental to, the production of oil, gas,	44775
artificial brine, or water derived in association with oil or gas	44776
production and disposed of in a well, in compliance with a permit	44777
issued under Chapter 1509. of the Revised Code, or sewage,	44778
industrial waste, or other wastes injected into a well in	44779
compliance with an injection well operating permit. Division	44780
(F)(2) of this section does not authorize, without a permit, any	44781
discharge that is prohibited by, or for which a permit is required	44782
by, regulation of the United States environmental protection	44783
agency.	44784

(3) Application of any materials to land for agricultural	44785
purposes or runoff of the materials from that application or	44786
pollution by ~~animal waste~~residual farm products, manure, or soil	44787
sediment, including attached substances, resulting from farming,	44788
silvicultural, or earthmoving activities regulated by Chapter	44789
307., 939., or 1511. of the Revised Code. Division (F)(3) of this	44790
section does not authorize, without a permit, any discharge that	44791
is prohibited by, or for which a permit is required by, the	44792
Federal Water Pollution Control Act or regulations adopted under	44793
it. As used in division (F)(3) of this section, "residual farm	44794
products" and "manure" have the same meanings as in section 939.01	44795
of the Revised Code.	44796

(4) The excrement of domestic and farm animals defecated on	44797
land or runoff therefrom into any waters of the state. Division	44798
(F)(4) of this section does not authorize, without a permit, any	44799
discharge that is prohibited by, or for which a permit is required	44800
by, the Federal Water Pollution Control Act or regulations adopted	44801
under it.	44802

(5) On and after the date on which the United States	44803
environmental protection agency approves the NPDES program	44804
submitted by the director of agriculture under section 903.08 of	44805
the Revised Code, any discharge that is within the scope of the	44806
approved NPDES program submitted by the director of agriculture;	44807

(6) The discharge of sewage, industrial waste, or other	44808
wastes into a sewerage system tributary to a treatment works.	44809
Division (F)(6) of this section does not authorize any discharge	44810
into a publicly owned treatment works in violation of a	44811
pretreatment program applicable to the publicly owned treatment	44812
works.	44813

(7) A household sewage treatment system or a small flow	44814
on-site sewage treatment system, as applicable, as defined in	44815
section 3718.01 of the Revised Code that is installed in	44816
compliance with Chapter 3718. of the Revised Code and rules	44817
adopted under it. Division (F)(7) of this section does not	44818
authorize, without a permit, any discharge that is prohibited by,	44819
or for which a permit is required by, regulation of the United	44820
States environmental protection agency.	44821

(8) Exceptional quality sludge generated outside of this	44822
state and contained in bags or other containers not greater than	44823
one hundred pounds in capacity. As used in division (F)(8) of this	44824
section, "exceptional quality sludge" has the same meaning as in	44825
division (Y) of section 3745.11 of the Revised Code.	44826

(G) The holder of a permit issued under section 402 (a) of	44827
the Federal Water Pollution Control Act need not obtain a permit	44828
for a discharge authorized by the permit until its expiration	44829
date. Except as otherwise provided in this division, the director	44830
of environmental protection shall administer and enforce those	44831
permits within this state and may modify their terms and	44832
conditions in accordance with division (J) of section 6111.03 of	44833
the Revised Code. On and after the date on which the United States	44834
environmental protection agency approves the NPDES program	44835
submitted by the director of agriculture under section 903.08 of	44836
the Revised Code, the director of agriculture shall administer and	44837
enforce those permits within this state that are issued for any	44838
discharge that is within the scope of the approved NPDES program	44839
submitted by the director of agriculture.	44840

Sec. 6111.44. (A) Except as otherwise provided in division	44841
(B) of this section, in section 6111.14 of the Revised Code, or in	44842
rules adopted under division (G) of section 6111.03 of the Revised	44843
Code, no municipal corporation, county, public institution,	44844
corporation, or officer or employee thereof or other person shall	44845
provide or install sewerage or treatment works for sewage, sludge,	44846
or sludge materials disposal or treatment or make a change in any	44847
sewerage or treatment works until the plans therefor have been	44848
submitted to and approved by the director of environmental	44849
protection. Sections 6111.44 to 6111.46 of the Revised Code apply	44850
to sewerage and treatment works of a municipal corporation or part	44851
thereof, an unincorporated community, a county sewer district, or	44852
other land outside of a municipal corporation or any publicly or	44853
privately owned building or group of buildings or place, used for	44854
the assemblage, entertainment, recreation, education, correction,	44855
hospitalization, housing, or employment of persons.	44856

In granting an approval, the director may stipulate	44857
modifications, conditions, and rules that the public health and	44858
prevention of pollution may require. Any action taken by the	44859
director shall be a matter of public record and shall be entered	44860
in the director's journal. Each period of thirty days that a	44861
violation of this section continues, after a conviction for the	44862
violation, constitutes a separate offense.	44863

(B) Sections 6111.45 and 6111.46 of the Revised Code and	44864
division (A) of this section do not apply to any of the following:	44865

(1) Sewerage or treatment works for sewage installed or to be	44866
installed for the use of a private residence or dwelling;	44867

(2) Sewerage systems, treatment works, or disposal systems	44868
for storm water from an animal feeding facility or manure, as	44869
"animal feeding facility" and "manure" are defined in section	44870
903.01 of the Revised Code;	44871

(3) ~~Animal waste~~Residual farm products and manure treatment	44872
or disposal works and related management and conservation	44873
practices that are subject to rules adopted under division	44874
~~(E)(2)~~(C)(1) of section ~~1511.02~~939.02 of the Revised Code;. As	44875
used in division (B)(3) of this section, "residual farm products"	44876
and "manure" have the same meanings as in section 939.01 of the	44877
Revised Code.	44878

(4) Sewerage or treatment works for the on-lot disposal or	44879
treatment of sewage from a small flow on-site sewage treatment	44880
system, as defined in section 3718.01 of the Revised Code, if the	44881
board of health of a city or general health district has notified	44882
the director of health and the director of environmental	44883
protection under section 3718.021 of the Revised Code that the	44884
board has chosen to regulate the system, provided that the board	44885
remains in compliance with the rules adopted under division	44886
(A)(13) of section 3718.02 of the Revised Code.	44887

The exclusions established in divisions (B)(2) and (3) of	44888
this section do not apply to the construction or installation of	44889
disposal systems, as defined in section 6111.01 of the Revised	44890
Code, that are located at an animal feeding facility and that	44891
store, treat, or discharge wastewaters that do not include storm	44892
water or manure or that discharge to a publicly owned treatment	44893
works.	44894

Sec. 6111.99. (A) Whoever knowingly violates section	44895
6111.04, 6111.042, 6111.05, or division (A) or (C) of section	44896
6111.07 of the Revised Code is guilty of a felony and shall be	44897
fined not more than twenty-five thousand dollars or imprisoned not	44898
more than ~~one year~~four years, or both. Each day of violation is a	44899
separate offense.	44900

(B) Whoever recklessly violates section 6111.04, 6111.042,	44901
6111.045 or, 6111.047, 6111.05, 6111.45, or division (A) or (C) of	44902
section 6111.07 of the Revised Code is guilty of a misdemeanor and	44903
shall be fined not more than ten thousand dollars or imprisoned	44904
not more than two years, or both. Each day of violation is a	44905
separate offense.	44906

(C) Whoever violates section ~~6111.45 or~~ 6111.46 of the	44907
Revised Code shall be fined not more than five hundred dollars.	44908

(D) ~~Whoever violates division (C) of section 6111.07 of the~~	44909
~~Revised Code shall be fined not more than twenty-five thousand~~	44910
~~dollars.~~	44911

~~(E)~~ Whoever violates section 6111.42 of the Revised Code	44912
shall be fined not more than one hundred dollars for a first	44913
offense; for each subsequent offense, the person shall be fined	44914
not more than one hundred fifty dollars.	44915

~~(F)~~(E) Whoever violates section 6111.44 of the Revised Code	44916
shall be fined not more than ~~one hundred~~ten thousand dollars.	44917
Each day of violation is a separate offense.	44918

(F) If a person is convicted of or pleads guilty to a	44919
violation of any section of this chapter, in addition to the	44920
financial sanctions authorized by this chapter or section 2929.18	44921
or 2929.28 or any other section of the Revised Code, the court	44922
imposing the sentence on the person may order the person to	44923
reimburse the state agency or a political subdivision for any	44924
response costs that it incurred in responding to the violation,	44925
including the cost of rectifying the violation and conditions	44926
caused by the violation.	44927

Section 101.02. That existing sections 7.10, 7.16, 9.482,	44928
109.572, 109.5721, 111.15, 119.03, 119.12, 121.08, 122.121,	44929
122.136, 122.17, 122.171, 122.21, 122.25, 122.37, 122.64, 122.86,	44930
122.861, 122.89, 122.94, 122.941, 123.01, 124.32, 125.13, 125.182,	44931
126.21, 126.25, 131.02, 133.06, 149.311, 149.38, 150.10, 153.56,	44932
164.26, 166.13, 166.18, 166.21, 173.27, 173.38, 184.02, 191.01,	44933
340.02, 340.021, 718.15, 718.151, 901.22, 903.01, 903.03, 903.07,	44934
903.082, 903.09, 903.10, 903.11, 903.12, 903.13, 903.16, 903.17,	44935
903.25, 921.06, 941.14, 953.22, 1321.535, 1321.55, 1322.03,	44936
1322.031, 1322.04, 1322.041, 1322.051, 1322.06, 1501.01, 1501.011,	44937
1509.01, 1509.02, 1509.04, 1509.05, 1509.06, 1509.061, 1509.071,	44938
1509.08, 1509.11, 1509.222, 1509.223, 1509.23, 1509.27, 1509.33,	44939
1509.34, 1509.99, 1511.01, 1511.02, 1511.021, 1511.022, 1511.05,	44940
1511.07, 1511.99, 1515.01, 1515.02, 1515.08, 1533.081, 1533.10,	44941
1533.11, 1533.12, 1551.34, 1561.31, 1711.50, 1711.53, 2151.417,	44942
2151.421, 2152.19, 2305.25, 2305.252, 2701.09, 2915.01, 2915.03,	44943
2915.06, 2915.061, 2945.402, 3123.89, 3301.0714, 3301.0715,	44944
3302.03, 3302.10, 3313.372, 3313.603, 3313.6013, 3313.6016,	44945
3313.90, 3313.91, 3314.08, 3317.02, 3317.0217, 3317.03, 3319.22,	44946
3319.26, 3321.03, 3321.04, 3321.07, 3321.08, 3321.09, 3324.07,	44947
3326.36, 3328.24, 3331.04, 3333.041, 3333.048, 3333.35, 3333.43,	44948
3333.86, 3345.06, 3358.06, 3365.04, 3365.041, 3365.05, 3365.06,	44949
3365.08, 3365.11, 3701.132, 3701.34, 3701.74, 3701.83, 3701.881,	44950
3702.511, 3702.52, 3702.526, 3702.71, 3702.74, 3702.75, 3702.91,	44951
3702.95, 3704.05, 3730.09, 3731.02, 3734.02, 3734.029, 3734.905,	44952
3737.02, 3745.70, 3750.13, 3750.14, 3770.01, 3770.02, 3770.05,	44953
3772.01, 3772.02, 3772.03, 3772.032, 3772.033, 3772.04, 3772.06,	44954
3772.07, 3772.10, 3772.12, 3772.121, 3772.15, 3772.17, 3772.21,	44955
3772.23, 3772.31, 3772.99, 4121.129, 4123.01, 4123.26, 4123.27,	44956
4123.29, 4123.291, 4123.292, 4123.32, 4123.322, 4123.34, 4123.35,	44957
4123.353, 4123.36, 4123.37, 4123.40, 4123.41, 4123.411, 4123.47,	44958
4123.511, 4123.512, 4123.54, 4123.66, 4123.82, 4123.83, 4125.05,	44959
4141.01, 4141.09, 4141.11, 4141.131, 4141.20, 4141.25, 4141.26,	44960
4141.28, 4141.29, 4141.35, 4511.191, 4729.03, 4729.12, 4729.13,	44961
4729.15, 4729.54, 4729.80, 4729.83, 4729.86, 4731.36, 4737.045,	44962
4740.06, 4743.04, 4758.01, 4758.02, 4758.06, 4758.16, 4758.20,	44963
4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 4758.29, 4758.30,	44964
4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 4758.60, 4758.71,	44965
4781.121, 4781.29, 4905.01, 4905.81, 4905.95, 4921.13, 4921.19,	44966
4923.01, 4923.02, 4923.04, 4928.66, 5104.03, 5123.01, 5123.011,	44967
5123.012, 5123.081, 5123.16, 5123.162, 5123.169, 5123.19,	44968
5123.191, 5123.21, 5123.61, 5123.75, 5123.76, 5123.89, 5124.01,	44969
5124.106, 5124.21, 5124.60, 5124.61, 5124.62, 5124.67, 5126.01,	44970
5126.0219, 5126.041, 5126.046, 5126.051, 5126.08, 5126.21,	44971
5126.25, 5126.42, 5126.43, 5126.45, 5139.05, 5139.34, 5139.36,	44972
5139.41, 5164.34, 5164.342, 5513.01, 5703.052, 5703.056, 5703.059,	44973
5703.21, 5713.012, 5727.47, 5727.91, 5735.01, 5735.026, 5735.03,	44974
5735.06, 5735.062, 5735.07, 5735.09, 5735.12, 5735.141, 5735.23,	44975
5736.06, 5736.09, 5736.13, 5743.01, 5743.02, 5743.021, 5743.024,	44976
5743.025, 5743.03, 5743.04, 5743.05, 5743.051, 5743.112, 5743.32,	44977
5743.51, 5743.52, 5743.62, 5743.63, 5743.65, 5747.02, 5747.025,	44978
5747.08, 5747.71, 5747.98, 5749.01, 5749.02, 5749.03, 5749.04,	44979
5749.06, 5749.07, 5749.08, 5749.10, 5749.12, 5749.13, 5749.14,	44980
5749.15, 5749.17, 5751.03, 5751.20, 5902.02, 5903.03, 5903.10,	44981
5903.11, 5903.12, 5903.121, 5907.01, 5907.04, 6109.10, 6111.03,	44982
6111.04, 6111.44, and 6111.99 of the Revised Code are hereby	44983
repealed.	44984

Section 105.01. That sections 183.35, 903.04, 1509.50,	44985
1511.071, 3125.191, 3313.6015, 3345.062, 3345.19, 3365.01,	44986
3365.02, 3365.021, 3365.022, 3365.03, 3365.07, 3365.09, 3365.10,	44987
3365.12, 3365.15, 3702.93, 3750.081, 4123.419, 5124.63, 5124.64,	44988
5726.08, 5733.30, 5735.16, 5743.06, and 5745.10 of the Revised	44989
Code are hereby repealed.	44990

Section 503.10. APPROPRIATIONS RELATED TO GRANT	44991
RECONCILIATION AND CLOSE-OUT	44992

If, pursuant to the reconciliation and close-out process for	44993
a grant received by a state agency, an amount is identified as	44994
both unspent and requiring remittance to the grantor, the director	44995
of the agency may request the Director of Budget and Management to	44996
authorize additional expenditures to return the unspent cash to	44997
the grantor. Upon approval of the Director of Budget and	44998
Management, the additional amounts are hereby appropriated.	44999

Section 503.20. (A) As used in this section, "participating	45000
private party" means any person or private entity that is allowed	45001
to request a criminal records check pursuant to division (A)(2) or	45002
(3) of section 109.572 of the Revised Code.	45003

(B) In addition to the authority granted by section 109.5721	45004
of the Revised Code, the Superintendent of the Bureau of Criminal	45005
Identification and Investigation may operate the retained	45006
applicant fingerprint database established by that section and	45007
take any other actions the Superintendent determines is necessary	45008
in response to requests made by a participating private party	45009
pursuant to division (A)(2) or (3) of section 109.572 of the	45010
Revised Code.	45011

(C) In connection with a request made pursuant to division	45012
(A)(2) or (3) of section 109.572 of the Revised Code, a	45013
participating private party may take any action permitted to be	45014
taken by a participating public office and shall take any action	45015
required to be taken by a participating public office pursuant to	45016
section 109.5721 of the Revised Code.	45017

(D) The Director of Budget and Management may authorize	45018
expenditures from appropriation item 651680 Health Care Grants –	45019
Federal, to pay for costs associated with the administration of	45020
the Medicaid program, including the development of the retained	45021
applicant fingerprint database, in response to requests made in	45022
accordance with section 109.5721 and division (A)(2) or (3) of	45023
section 109.572 of the Revised Code.	45024

Section 503.30. CLEAN OHIO CONSERVATION GRANT REPAYMENTS

45025

Any grant repayment received by the Public Works Commission	45026
and deposited into the Clean Ohio Conservation Fund (Fund 7056)	45027
pursuant to section 164.261 of the Revised Code is hereby	45028
appropriated in appropriation item C15060, Clean Ohio	45029
Conservation.	45030

Section 509.10. REESTABLISHING ENCUMBRANCES THAT USE OUTDATED	45031
EXPENSE ACCOUNT CODES	45032

On or after January 1, 2015, should the Director of Budget	45033
and Management elect to update expense account codes pursuant to	45034
the authority granted in division (A)(2) of section 126.21 of the	45035
Revised Code, the Director may cancel any existing operating or	45036
capital encumbrances from prior fiscal years that reference	45037
outdated expense account codes and, if needed, reestablish them	45038
against the same appropriation items referencing updated expense	45039
account codes. The reestablished encumbrance amounts are hereby	45040
appropriated. Any business commenced but not completed under the	45041
prior encumbrances by January 1, 2015, shall be completed under	45042
the new encumbrances in the same manner and with the same effect	45043
as if it was completed with regard to the old encumbrances.	45044

Section 509.20. The Department of Natural Resources is hereby	45045
authorized, pursuant to and consistent with the requirements of	45046
Chapter 127. of the Revised Code, to use moneys appropriated to it	45047
from the Ohio Parks and Natural Resources Fund (Fund 7031) and the	45048
Parks and Recreation Improvement Fund (Fund 7035) for capital	45049
projects, including, but not limited to, improvements or	45050
renovations on land or property owned by the department but used	45051
and operated, under a lease or other agreement, by an entity other	45052
than the department. No moneys shall be released under the	45053
authority of this section until the Director of Natural Resources	45054
has certified in writing to the Director of the Office of Budget	45055
and Management that the project will enhance the use and enjoyment	45056
of Ohio's state parks and natural resources.	45057

Section 512.10. On July 1, 2014, or as soon as possible	45058
thereafter, the Director of Budget and Management shall transfer	45059
the cash balance in the Education Endowment Fund (Fund P087) to	45060
the Education Facilities Trust Fund (Fund N087). Upon completion	45061
of the transfer, Fund P087 is abolished.	45062

Section 512.20. On July 1, 2014, or as soon as possible	45063
thereafter, the Director of Budget and Management shall transfer	45064
the cash balance in the Healthcare Services Fund (Fund 3W50),	45065
Healthy Ohioans Initiatives Fund (Fund 5BL0), Alcohol Testing	45066
Program Fund (Fund 5C00), TANF Family Planning Fund (Fund 5C10),	45067
Poison Control Fund (Fund 5CB0), Sewage Treatment System	45068
Innovation Fund (Fund 5CJ0), and the Health Emergency Fund (Fund	45069
5EC0) to the General Revenue Fund. Upon the completion of these	45070
transfers, Fund 3W50, Fund 5BL0, Fund 5C00, Fund 5C10, Fund 5CB0,	45071
Fund 5CJ0, and Fund 5EC0 are abolished.	45072

Section 512.30. ABOLISHMENT OF INACTIVE FUNDS USED BY THE	45073
DEPARTMENT OF JOB AND FAMILY SERVICES	45074

Within ninety days of the effective date of this section, or	45075
as soon as possible thereafter, the Director of Budget and	45076
Management shall transfer all cash in the following funds to the	45077
Administration and Operating Fund (Fund 5DM0) used by the	45078
Department of Job and Family Services:	45079

The State and Local Training Fund (Fund 3160),

45080

The Job Training Program Fund (Fund 3650),

45081

The Income Maintenance Reimbursement Fund (Fund 3A10),

45082

The ABD Managed Care – Federal Fund (Fund 3AZ0),

45083

The Children's Hospitals – Federal Fund (Fund 3BB0),

45084

The Ford Foundation Reimbursement Fund (Fund 3G90),

45085

The TANF – Employment & Training Fund (Fund 3S90),

45086

The HIPPY Program Fund (Fund 3W80),

45087

The Adoption Connection Fund (Fund 3W90),

45088

The Interagency Programs Fund (Fund 4G10),

45089

The Welfare Overpayment Intercept Fund (Fund 4K70),

45090

The Wellness Block Grant Fund (Fund 4N70),

45091

The Banking Fees Fund (Fund 4R30),

45092

The BCII Service Fees Fund (Fund 4R40),

45093

The Child Support Activities Fund (Fund 4V20),

45094

The BES Automation Administration Fund (Fund 5A50),

45095

The Public Assistance Reconciliation Fund (Fund 5AX0),

45096

The Child Support Operating Fund (Fund 5BE0),

45097

The ABD Managed Care – State Fund (Fund 5BZ0),

45098

The Private Child Care Agencies Training Fund (Fund 5E40),

45099

The EBT Contracted Services Fund (Fund 5E50),

45100

The State Option Food Stamp Program Fund (Fund 5E60),

45101

The BES Building Consolidation Fund (Fund 5F20),

45102

The BES Building Enhancement Fund (Fund 5F30),

45103

The Commission on Fatherhood Fund (Fund 5G30),

45104

The Child & Adult Protective Services Fund (Fund 5GV0),

45105

The Child Support Supplement Fund (Fund 5K60),

45106

The OhioWorks Supplement Fund (Fund 5L40),

45107

The County Technologies Fund (Fund 5N10),

45108

The TANF Child Welfare Fund (Fund 5P40),

45109

The Medicaid Admin Reimbursement Fund (Fund 5P60),

45110

The Child Support Special Payment Fund (Fund 5T20),

45111

The Federal Fiscal Relief Fund (Fund 5Y90),

45112

The Health Care Grants Fund (Fund 5Z50),

45113

The TANF QC Reinvestment Fund (Fund 5Z90),

45114

The Third Party Recoveries Fund (Fund 6000),

45115

The Training Activities Fund (Fund 6130), and

45116

The Ford Foundation Fund (Fund 6A70).

45117

Upon completion of the transfers, all the aforementioned funds	45118
listed in this section (except Fund 5DM0) are hereby abolished.	45119

Within ninety days after the effective date of this section,	45120
or as soon as possible thereafter, the Director of Budget and	45121
Management shall transfer all cash in the OhioCare Fund (Fund	45122
4X30), the Human Services Stabilization Fund (Fund 4Z70), and the	45123
Managed Care Assessment Fund (Fund 5BG0) to the General Revenue	45124
Fund. Upon completion of the transfers, Fund 4X30, Fund 4Z70, and	45125
Fund 5BG0 are hereby abolished.	45126

Section 512.40. On July 1, 2014, or as soon as possible	45127
thereafter, the Director of Budget and Management shall transfer	45128
the cash balance in the Nursing Facility Technical Assistance Fund	45129
(Fund 5L10), to the Residents Protection Fund (Fund 4E30). Upon	45130
completion of the transfer, Fund 5L10 is abolished.	45131

Section 515.10. For purposes of the transfer by this act of	45132
the Agricultural Pollution Abatement Program established prior to	45133
the effective date of the amendment of the statutes governing the	45134
program by this act under Chapter 1511. of the Revised Code from	45135
the Department of Natural Resources to the Department of	45136
Agriculture, all of the following apply:	45137

(A) The Director of Natural Resources shall enter into a	45138
memorandum of understanding with the Director of Agriculture	45139
regarding the transfer of the Program.	45140

(B) On the date on which the two Directors sign a memorandum	45141
of understanding under division (A) of this section, the Director	45142
of Natural Resources shall provide the Director of Agriculture	45143
with both of the following:	45144

(1) Copies of all operation and management plans, or	45145
applicable portions of such plans, developed or approved by the	45146
Chief of the Division of Soil and Water Resources under Chapter	45147
1511. of the Revised Code or the supervisors of a soil and water	45148
conservation district under Chapter 1515. of the Revised Code for	45149
the abatement of the degradation of the waters of the state by	45150
manure, including attached substances, that were developed or	45151
approved prior to the effective date of the amendment of the	45152
statutes governing the Program by this act;	45153

(2) Copies of all operation and management plans, or	45154
applicable portions of such plans, and accompanying information	45155
that were submitted for approval by the Chief or the supervisors	45156
of a soil and water conservation district under Chapter 1511. or	45157
1515. of the Revised Code, as applicable, prior to the effective	45158
date of the amendment of the statutes governing the Program by	45159
this act for the abatement of the degradation of the waters of the	45160
state by manure, including attached substances.	45161

(C) Any business commenced but not completed by the Chief of	45162
the Division of Soil and Water Resources relating to the Program	45163
on the effective date of the amendment of the statutes governing	45164
the Program by this act shall be completed by the Director of	45165
Agriculture. Any validation, cure, right, privilege, remedy,	45166
obligation, or liability is not lost or impaired solely by reason	45167
of the transfer required by this act and shall be administered by	45168
the Director of Agriculture in accordance with this act.	45169

(D) All of the orders and determinations of the Chief of the	45170
Division of Soil and Water Resources relating to the Agricultural	45171
Pollution Abatement Program continue in effect as orders and	45172
determinations of the Director of Agriculture until modified or	45173
rescinded by the Director.	45174

(E) Whenever the Division of Soil and Water Resources or the	45175
Chief of the Division of Soil and Water Resources, in relation to	45176
the Program, is referred to in any law, contract, or other	45177
document, the reference shall be deemed to refer to the Department	45178
of Agriculture or to the Director of Agriculture, whichever is	45179
appropriate in context.	45180

(F) Any action or proceeding pending on the effective date of	45181
the amendment of the statutes governing the Program by this act is	45182
not affected by the transfer of the functions of that Program by	45183
this act and shall be prosecuted or defended in the name of the	45184
Department of Agriculture. In all such actions and proceedings,	45185
the Department of Agriculture, upon application to the court,	45186
shall be substituted as a party.	45187

(G) As used in this section:

45188

(1) "Soil and water conservation district" has the same	45189
meaning as in section 1515.01 of the Revised Code.	45190

(2) "Waters of the state" and "operation and management plan"	45191
have the same meanings as in section 1511.01 of the Revised Code.	45192

(3) "Manure" and "nutrient management plan" have the same	45193
meanings as in section 939.01 of the Revised Code.	45194

Section 610.10. That Section 1 of Sub. H.B. 34 of the 130th	45195
General Assembly, as amended by Am. Sub. H.B. 59 of the 130th	45196
General Assembly, be amended to read as follows:	45197

Sec. 1. All items in this section are hereby appropriated out	45198
of any moneys in the state treasury to the credit of the	45199
designated fund. For all appropriations made in this act, those in	45200
the first column are for fiscal year 2014, and those in the second	45201
column are for fiscal year 2015.	45202

FND

AI TITLE

Appropriations

45203

BWC BUREAU OF WORKERS' COMPENSATION	45204

Workers' Compensation Fund Group	45205

7023	855401	William Green Lease Payments to OBA	$	16,026,100	$	0	45206
7023	855407	Claims, Risk and Medical Management	$	118,338,586	$	118,338,586	45207
7023	855408	Fraud Prevention	$	12,114,226	$	12,114,226	45208
7023	855409	Administrative Services	$	105,857,276	$	105,357,276	45209
7023	855410	Attorney General Payments	$	4,621,850	$	4,621,850	45210
8220	855606	Coal Workers' Fund	$	147,666	$	147,666	45211
8230	855608	Marine Industry	$	75,527	$	75,527	45212
8250	855605	Disabled Workers Relief Fund	$	319,718	$	319,718	45213
8260	855609	Safety and Hygiene Operating	$	21,661,132	$	21,661,132	45214
8260	855610	Safety Grants	$	15,000,000	$	15,000,000	45215
8290	855604	Long Term Care Loan Program	$	100,000	$	100,000	45216
TOTAL WCF Workers' Compensation							45217
Fund Group			$	294,262,081	$	277,735,981	45218

Federal Special Revenue Fund Group	45219

3490	855601	OSHA Enforcement	$	1,731,000	$	1,731,000	45220
3FW0	855614	BLS SOII Grant	$	116,919	$	116,919	45221
TOTAL FED Federal Special Revenue Fund Group			$	1,847,919	$	1,847,919	45222
TOTAL ALL BUDGET FUND GROUPS			$	296,110,000	$	279,583,900	45223

WILLIAM GREEN LEASE PAYMENTS

45224

Of the foregoing appropriation item 855401, William Green	45225
Lease Payments, up to $16,026,100 shall be used to make lease	45226
payments to the Treasurer of State at the times they are required	45227
to be made during the period from July 1, 2013 to June 30, 2015,	45228
pursuant to leases and agreements made under section 154.24 of the	45229
Revised Code. If it is determined that additional appropriations	45230
are necessary for such purpose, such amounts are hereby	45231
appropriated.	45232

WORKERS' COMPENSATION FRAUD UNIT

45233

Of the foregoing appropriation item 855410, Attorney General	45234
Payments, $828,200 in each fiscal year shall be used to fund the	45235
expenses of the Workers' Compensation Fraud Unit within the	45236
Attorney General's Office. These payments shall be processed at	45237
the beginning of each quarter of each fiscal year and deposited	45238
into the Workers' Compensation Section Fund (Fund 1950) used by	45239
the Attorney General.	45240

SAFETY AND HYGIENE

45241

Notwithstanding section 4121.37 of the Revised Code, the	45242
Treasurer of State shall transfer $21,661,132 cash in fiscal year	45243
2014 and $21,661,132 cash in fiscal year 2015 from the State	45244
Insurance Fund to the Safety and Hygiene Fund (Fund 8260).	45245

OSHA ON-SITE CONSULTATION PROGRAM

45246

The Bureau of Workers' Compensation may designate a portion	45247
of appropriation item 855609, Safety and Hygiene Operating, to be	45248
used to match federal funding for the federal Occupational Safety	45249
and Health Administration's (OSHA) on-site consultation program.	45250

VOCATIONAL REHABILITATION

45251

The Bureau of Workers' Compensation and the Opportunities for	45252
Ohioans with Disabilities Agency shall enter into an interagency	45253
agreement for the provision of vocational rehabilitation services	45254
and staff to mutually eligible clients. The bureau may provide not	45255
more than $605,407 in fiscal year 2014 and not more than $605,407	45256
in fiscal year 2015 from the State Insurance Fund to fund	45257
vocational rehabilitation services and staff in accordance with	45258
the interagency agreement.	45259

~~FUND BALANCE~~

45260

~~Any unencumbered cash balance in excess of $45,000,000 in the~~	45261
~~Workers' Compensation Fund (Fund 7023) on the thirtieth day of~~	45262
~~June of each fiscal year shall be used to reduce the~~	45263
~~administrative cost rate charged to employers to cover~~	45264
~~appropriations for Bureau of Workers' Compensation operations.~~	45265

Section 610.11. That Section 1 of Sub. H.B. 34 of the 130th	45266
General Assembly, as amended by Am. Sub. H.B. 59 of the 130th	45267
General Assembly, is hereby repealed.	45268

Section 610.20. That Sections 207.10, 209.30, 211.10, 221.10,	45269
241.10, 257.10, 259.10, 263.10, 263.230, 263.240, 263.250,	45270
263.270, 263.325, 275.10, 282.10, 282.30, 285.10, 285.20, 301.10,	45271
327.10, 327.83, 333.10, 333.80, 340.10, 359.10, 363.10, 363.120,	45272
363.190, 363.200, 365.10, 371.10, 395.10, 403.10, 512.80, and	45273
751.10 of Am. Sub. H.B. 59 of the 130th General Assembly be	45274
amended to read as follows:	45275

Sec. 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

45276

General Revenue Fund	45277

GRF	100403	Public Employees Health Care Program	$	309,600	$	309,600	45278
GRF	100414	MARCS Lease Rental Payments	$	5,133,700	$	5,135,800	45279
GRF	100415	OAKS Lease Rental Payments	$	22,998,500	$	22,982,500	45280
GRF	100416	STARS Lease Rental Payments	$	4,976,500	$	4,973,200	45281
GRF	100447	Administrative Building Lease Rental Payments	$	~~85,847,800~~ 83,847,800	$	91,059,600	45282
GRF	100448	Office Building Operating Payments	$	20,000,000	$	20,000,000	45283
GRF	100449	DAS - Building Operating Payments	$	7,551,571	$	7,551,571	45284
GRF	100452	Lean Ohio	$	1,059,624	$	1,059,624	45285
GRF	100456	State IT Services	$	1,739,038	$	1,739,038	45286
GRF	100457	Equal Opportunity Services	$	1,910,516	$	1,910,516	45287
GRF	100459	Ohio Business Gateway	$	4,049,094	$	4,049,094	45288
GRF	130321	State Agency Support Services	$	2,477,008	$	2,477,008	45289
TOTAL GRF General Revenue Fund			$	~~158,052,951~~ 156,052,951	$	163,247,551	45290

General Services Fund Group	45291

1120	100616	DAS Administration	$	6,127,659	$	6,147,659	45292
1150	100632	Central Service Agency	$	911,580	$	927,699	45293
1170	100644	General Services Division - Operating	$	12,993,870	$	12,993,870	45294
1220	100637	Fleet Management	$	4,200,000	$	4,200,000	45295
1250	100622	Human Resources Division - Operating	$	17,749,839	$	17,749,839	45296
1250	100657	Benefits Communication	$	712,316	$	712,316	45297
1280	100620	Office of Collective Bargaining	$	3,329,507	$	3,329,507	45298
1300	100606	Risk Management Reserve	$	6,635,784	$	6,635,784	45299
1320	100631	DAS Building Management	$	19,343,170	$	19,343,170	45300
1330	100607	IT Services Delivery	$	57,521,975	$	57,521,975	45301
1880	100649	Equal Opportunity Division - Operating	$	863,013	$	863,013	45302
2100	100612	State Printing	$	20,459,526	$	20,459,526	45303
2290	100630	IT Governance	$	16,446,474	$	16,446,474	45304
2290	100640	Leveraged Enterprise Purchases	$	7,065,639	$	7,065,639	45305
4270	100602	Investment Recovery	$	1,618,062	$	1,638,515	45306
4N60	100617	Major IT Purchases	$	56,888,635	$	56,888,635	45307
4P30	100603	DAS Information Services	$	6,400,070	$	6,400,070	45308
5C20	100605	MARCS Administration	$	14,292,596	$	14,512,028	45309
5C30	100608	Minor Construction Project Management	$	1,004,375	$	1,004,375	45310
5EB0	100635	OAKS Support Organization	$	25,813,077	$	19,813,077	45311
5EB0	100656	OAKS Updates and Developments	$	9,886,923	$	2,636,923	45312
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	45313
5KZ0	100659	Building Improvement	$	500,000	$	500,000	45314
5L70	100610	Professional Development	$	2,100,000	$	2,100,000	45315
5LA0	100660	Building Operation	$	26,600,767	$	26,814,648	45316
5LJ0	100661	IT Development	$	13,200,000	$	13,200,000	45317
5V60	100619	Employee Educational Development	$	800,000	$	800,000	45318
TOTAL GSF General Services Fund							45319
Group			$	333,614,857	$	320,854,742	45320

Federal Special Revenue Fund Group	45321

3AJ0	100654	ARRA Broadband Mapping Grant	$	1,723,009	$	1,723,009	45322
TOTAL FED Federal Special Revenue							45323
Fund Group			$	1,723,009	$	1,723,009	45324

State Special Revenue Fund Group	45325

5JQ0	100658	Professionals Licensing System	$	3,028,366	$	990,000	45326
5MV0	100662	Theater Equipment Maintenance	$	80,891	$	80,891	45327
5NM0	100663	911 Program	$	290,000	$	290,000	45328
TOTAL SSR State Special Revenue							45329
Fund Group			$	3,399,257	$	1,360,891	45330
TOTAL ALL BUDGET FUND GROUPS			$	~~496,790,074~~ 494,790,074	$	487,186,193	45331

Sec. 209.30. LONG-TERM CARE OMBUDSMAN

45333

The foregoing appropriation item 490410, Long-Term Care	45334
Ombudsman, shall be used to fund ombudsman program activities as	45335
authorized in sections 173.14 to 173.27 and section 173.99 of the	45336
Revised Code.	45337

The State Ombudsman may explore the design of a payment	45338
method for the Ombudsman Program that includes a	45339
pay-for-performance incentive component that is earned by	45340
designated regional long-term care ombudsman programs.	45341

MYCARE OHIO

45342

The foregoing appropriation items 490410, Long-Term Care	45343
Ombudsman, 490618, Federal Aging Grants, 490612, Federal	45344
Independence Services, 490609, Regional Long-Term Care Ombudsman	45345
Program, and 490620, Ombudsman Support, may be used by the Office	45346
of the State Long-Term Care Ombudsman to provide ombudsman program	45347
activities as described in sections 173.14 to 173.27 and section	45348
173.99 of the Revised Code to consumers participating in MyCare	45349
Ohio.	45350

SENIOR COMMUNITY SERVICES

45351

The foregoing appropriation item 490411, Senior Community	45352
Services, shall be used for services designated by the Department	45353
of Aging, including, but not limited to, home-delivered and	45354
congregate meals, transportation services, personal care services,	45355
respite services, adult day services, home repair, care	45356
coordination, prevention and disease self-management, and decision	45357
support systems. Service priority shall be given to low income,	45358
frail, and cognitively impaired persons 60 years of age and over.	45359
The department shall promote cost sharing by service recipients	45360
for those services funded with senior community services funds,	45361
including, when possible, sliding-fee scale payment systems based	45362
on the income of service recipients.	45363

ALZHEIMER'S RESPITE

45364

The foregoing appropriation item 490414, Alzheimer's Respite,	45365
shall be used to fund only Alzheimer's disease services under	45366
section 173.04 of the Revised Code.	45367

NATIONAL SENIOR SERVICE CORPS

45368

The foregoing appropriation item 490506, National Senior	45369
Service Corps, shall be used by the Department of Aging to fund	45370
grants for three Corporation for National and Community	45371
Service/Senior Corps programs: the Foster Grandparents Program,	45372
the Senior Companion Program, and the Retired Senior Volunteer	45373
Program. A recipient of these grant funds shall use the funds to	45374
support priorities established by the Department and the Ohio	45375
State Office of the Corporation for National and Community	45376
Service. The expenditure of these funds by any grant recipient	45377
shall be in accordance with Senior Corps policies and procedures,	45378
as stated in the Domestic Volunteer Service Act of 1973, as	45379
amended. Neither the Department nor any area agencies on aging	45380
that are involved in the distribution of these funds to	45381
lower-tiered grant recipients may use any portion of these funds	45382
to cover administrative costs.	45383

SENIOR COMMUNITY OUTREACH AND EDUCATION

45384

The foregoing appropriation item 490606, Senior Community	45385
Outreach and Education, may be used to provide training to workers	45386
in the field of aging pursuant to division (G) of section 173.02	45387
of the Revised Code.	45388

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	45389
AND FEDERAL AGING GRANTS	45390

At the request of the Director of Aging, the Director of	45391
Budget and Management may transfer appropriation between	45392
appropriation items 490612, Federal Independence Services, and	45393
490618, Federal Aging Grants. The amounts transferred shall not	45394
exceed 30 per cent of the appropriation from which the transfer is	45395
made. Any transfers shall be reported by the Department of Aging	45396
to the Controlling Board at the next scheduled meeting of the	45397
board.	45398

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

45399

The foregoing appropriation item 490609, Regional Long-Term	45400
Care Ombudsman Program, shall be used to pay the costs of	45401
operating the regional long-term care ombudsman programs	45402
designated by the State Long-Term Care Ombudsman.	45403

TRANSFER OF RESIDENT PROTECTION FUNDS

45404

In each fiscal year, the Director of Budget and Management	45405
may transfer up to $1,250,000 cash from the Resident Protection	45406
Fund (Fund 4E30), which is used by the Department of Medicaid, to	45407
the Ombudsman Support Fund (Fund 5BA0), which is used by the	45408
Department of Aging.	45409

The Director of Aging and the Office of the State Long-Term	45410
Care Ombudsman may use moneys in the Ombudsman Support Fund (Fund	45411
5BA0) to implement a nursing home quality initiative as specified	45412
in section 173.60 of the Revised Code.	45413

LONG-TERM CARE CONSUMERS GUIDE

45414

The foregoing appropriation item 490613, Long-Term Care	45415
Consumers Guide, shall be used to conduct annual consumer	45416
satisfaction surveys and to pay for other administrative expenses	45417
related to the publication of the Ohio Long-Term Care Consumer	45418
Guide.	45419

CASH TRANSFER FROM THE GENERAL OPERATIONS FUND TO THE BOARD	45420
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS FUND	45421

On July 1, 2013, or as soon as possible thereafter, the	45422
Director of Health shall certify to the Director of Budget and	45423
Management the cash balance relating to the Board of Examiners of	45424
Nursing Home Administrators in the General Operations Fund (Fund	45425
4700), used by the Department of Health. Upon receiving this	45426
certification, the Director of Budget and Management may transfer	45427
this cash from the General Operations Fund (Fund 4700) to the	45428
Board of Executives of Long-Term Services and Supports Fund (Fund	45429
5MT0), used by the Department of Aging. If this transfer occurs,	45430
the Director of Budget and Management shall cancel any existing	45431
encumbrances pertaining to the Board of Examiners of Nursing Home	45432
Administrators against appropriation item 440647, Fee Supported	45433
Programs, and re-establish them against appropriation item 490627,	45434
Board of Executives of LTSS. The re-established encumbrance	45435
amounts are hereby appropriated.	45436

Sec. 211.10. AGR DEPARTMENT OF AGRICULTURE

45437

General Revenue Fund	45438

GRF	700401	Animal Disease Control	$	3,936,687	$	3,936,687	45439
GRF	700403	Dairy Division	$	1,088,115	$	1,088,115	45440
GRF	700404	Ohio Proud	$	50,000	$	50,000	45441
GRF	700406	Consumer Analytical Lab	$	1,287,556	$	1,287,556	45442
GRF	700407	Food Safety	$	848,792	$	848,792	45443
GRF	700409	Farmland Preservation	$	72,750	$	72,750	45444
GRF	700412	Weights and Measures	$	600,000	$	600,000	45445
GRF	700415	Poultry Inspection	$	592,978	$	592,978	45446
GRF	700418	Livestock Regulation Program	$	1,108,071	$	~~1,108,071~~ 1,259,484	45447
GRF	700424	Livestock Testing and Inspections	$	102,770	$	102,770	45448
GRF	700426	Dangerous and Restricted Animals	$	800,000	$	800,000	45449
GRF	700427	High Volume Breeder Kennel Control	$	400,000	$	200,000	45450
GRF	700499	Meat Inspection Program - State Share	$	4,175,097	$	4,175,097	45451
GRF	700501	County Agricultural Societies	$	391,415	$	391,415	45452
TOTAL GRF General Revenue Fund			$	15,454,231	$	~~15,254,231~~ 15,405,644	45453

General Services Fund Group	45454

5DA0	700644	Laboratory Administration Support	$	1,115,000	$	1,115,000	45455
5GH0	700655	Central Support Indirect Cost	$	4,368,013	$	4,404,073	45456
TOTAL GSF General Services Fund Group			$	5,483,013	$	5,519,073	45457

Federal Special Revenue Fund Group	45458

3260	700618	Meat Inspection Program - Federal Share	$	4,450,000	$	4,450,000	45459
3360	700617	Ohio Farm Loan Revolving Fund	$	150,000	$	150,000	45460
3820	700601	Cooperative Contracts	$	4,500,000	$	4,500,000	45461
3AB0	700641	Agricultural Easement	$	1,000,000	$	1,000,000	45462
3J40	700607	Indirect Cost	$	1,100,000	$	1,100,000	45463
3R20	700614	Federal Plant Industry	$	1,606,000	$	1,606,000	45464
TOTAL FED Federal Special Revenue							45465
Fund Group			$	12,806,000	$	12,806,000	45466

State Special Revenue Fund Group	45467

4900	700651	License Plates - Sustainable Agriculture	$	10,000	$	10,000	45468
4940	700612	Agricultural Commodity Marketing Program	$	218,000	$	213,000	45469
4960	700626	Ohio Grape Industries	$	970,000	$	970,000	45470
4970	700627	Commodity Handlers Regulatory Program	$	482,672	$	482,672	45471
4C90	700605	Commercial Feed and Seed	$	1,760,000	$	1,760,000	45472
4D20	700609	Auction Education	$	35,000	$	35,000	45473
4E40	700606	Utility Radiological Safety	$	130,000	$	130,000	45474
4P70	700610	Food Safety Inspection	$	1,017,328	$	1,017,328	45475
4R00	700636	Ohio Proud Marketing	$	45,500	$	45,500	45476
4R20	700637	Dairy Industry Inspection	$	1,738,247	$	1,738,247	45477
4T60	700611	Poultry and Meat Inspection	$	120,000	$	120,000	45478
5780	700620	Ride Inspection Fees	$	1,175,142	$	1,175,142	45479
5880	700633	Brand Registration	$	5,000	$	5,000	45480
5B80	700629	Auctioneers	$	340,000	$	340,000	45481
5CP0	700652	License Plate Scholarships	$	10,000	$	10,000	45482
5FC0	700648	Plant Pest Program	$	1,190,000	$	1,190,000	45483
5H20	700608	Metrology Lab and Scale Certification	$	552,000	$	552,000	45484
5L80	700604	Livestock Management Program	$	145,000	$	145,000	45485
5MA0	700657	Dangerous and Restricted Animals	$	195,000	$	195,000	45486
6520	700634	Animal and Consumer Analytical Laboratory	$	4,966,383	$	4,966,383	45487
6690	700635	Pesticide, Fertilizer, and Lime Inspection Program	$	3,418,041	$	3,418,041	45488
TOTAL SSR State Special Revenue							45489
Fund Group			$	18,523,313	$	18,518,313	45490

Clean Ohio Conservation Fund Group	45491

7057	700632		Clean Ohio Agricultural Easement		$	310,000		$	310,000		45492
TOTAL CLF Clean Ohio Conservation Fund Group					$	310,000		$	310,000		45493

TOTAL ALL BUDGET FUND GROUPS

52,576,557

~~52,407,617~~ 52,559,030

45494

DANGEROUS AND RESTRICTED WILD ANIMALS

45495

The foregoing GRF appropriation item 700426, Dangerous and	45496
Restricted Animals, shall be used to administer the Dangerous and	45497
Restricted Wild Animal Permitting Program.	45498

COUNTY AGRICULTURAL SOCIETIES

45499

The foregoing appropriation item 700501, County Agricultural	45500
Societies, shall be used to reimburse county and independent	45501
agricultural societies for expenses related to Junior Fair	45502
activities.	45503

CLEAN OHIO AGRICULTURAL EASEMENT

45504

The foregoing appropriation item 700632, Clean Ohio	45505
Agricultural Easement, shall be used by the Department of	45506
Agriculture in administering Ohio Agricultural Easement Fund (Fund	45507
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to	45508
5301.70 of the Revised Code.	45509

Sec. 221.10. AGO ATTORNEY GENERAL

45510

General Revenue Fund	45511

GRF	055321	Operating Expenses	$	42,514,169	$	43,114,169	45512
GRF	055405	Law-Related Education	$	100,000	$	100,000	45513
GRF	055407	Tobacco Settlement Enforcement	$	1,500,000	$	~~1,500,000~~ 0	45514
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	45515
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	45516
GRF	055501	Rape Crisis Centers	$	1,000,000	$	1,000,000	45517
TOTAL GRF General Revenue Fund			$	46,703,589	$	~~47,303,589~~ 45,803,589	45518

General Services Fund Group	45519

1060	055612	~~General Reimbursement~~ Attorney General Operating	$	54,806,192	$	55,820,716	45520
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	45521
4180	055615	Charitable Foundations	$	8,286,000	$	8,286,000	45522
4200	055603	Attorney General Antitrust	$	1,839,074	$	1,839,074	45523
4210	055617	Police Officers' Training Academy Fee	$	500,000	$	500,000	45524
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	45525
5900	055633	Peace Officer Private Security Fund	$	79,438	$	95,325	45526
5A90	055618	Telemarketing Fraud Enforcement	$	45,000	$	10,000	45527
5L50	055619	Law Enforcement Assistance Program	$	375,255	$	187,627	45528
5LR0	055655	Peace Officer Training - Casino	$	4,629,409	$	4,629,409	45529
5MP0	055657	Peace Officer Training Commission	$	25,000	$	25,000	45530
6310	055637	Consumer Protection Enforcement	$	6,700,000	$	6,834,000	45531
TOTAL GSF General Services Fund							45532
Group			$	86,700,872	$	87,642,655	45533

Federal Special Revenue Fund Group	45534

3060	055620	Medicaid Fraud Control	$	4,537,408	$	4,628,156	45535
3810	055611	Civil Rights Legal Service	$	75,000	$	35,574	45536
3830	055634	Crime Victims Assistance	$	15,000,000	$	15,000,000	45537
3E50	055638	Attorney General Pass-Through Funds	$	599,999	$	599,999	45538
3FV0	055656	Crime Victim Compensation	$	7,000,000	$	7,000,000	45539
3R60	055613	Attorney General Federal Funds	$	999,999	$	999,999	45540
TOTAL FED Federal Special Revenue							45541
Fund Group			$	28,212,406	$	28,263,728	45542

State Special Revenue Fund Group	45543

4020	055616	Victims of Crime	$	16,456,769	$	16,456,769	45544
4190	055623	Claims Section	$	55,920,716	$	56,937,131	45545
4L60	055606	DARE Programs	$	3,578,901	$	3,486,209	45546
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	45547
6590	055641	Solid and Hazardous Waste Background Investigations	$	310,730	$	310,730	45548
TOTAL SSR State Special Revenue							45549
Fund Group			$	76,867,116	$	77,790,839	45550

Holding Account Redistribution Fund Group	45551

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	45552
R005	055632	Antitrust Settlements	$	1,000	$	1,000	45553
R018	055630	Consumer Frauds	$	750,000	$	750,000	45554
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	45555
R054	055650	Collection Payment Redistribution	$	4,500,000	$	4,500,000	45556
TOTAL 090 Holding Account							45557
Redistribution Fund Group			$	6,276,025	$	6,276,025	45558

Tobacco Master Settlement Agreement Fund Group	45559

U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	500,000	$	~~500,000~~ 2,000,000	45560
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	500,000	$	~~500,000~~ 2,000,000	45561
TOTAL ALL BUDGET FUND GROUPS			$	245,260,008	$	247,776,836	45562

OHIO BCI FORENSIC RESEARCH AND PROFESSIONAL TRAINING CENTER

45563

Of the foregoing appropriation item 055321, Operating	45564
Expenses, $600,000 in fiscal year 2015 shall be used to create the	45565
Ohio BCI Forensic Research and Professional Training Center at	45566
Bowling Green State University. The purpose of the Center shall be	45567
to foster forensic science research techniques (BCI Eminent	45568
Scholar) and to create professional training opportunities to	45569
students (BCI Scholars) in the forensic science fields.	45570

COUNTY SHERIFFS' PAY SUPPLEMENT

45571

The foregoing appropriation item 055411, County Sheriffs' Pay	45572
Supplement, shall be used for the purpose of supplementing the	45573
annual compensation of county sheriffs as required by section	45574
325.06 of the Revised Code.	45575

At the request of the Attorney General, the Director of	45576
Budget and Management may transfer appropriation from	45577
appropriation item 055321, Operating Expenses, to appropriation	45578
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	45579
transferred shall be used to supplement the annual compensation of	45580
county sheriffs as required by section 325.06 of the Revised Code.	45581

COUNTY PROSECUTORS' PAY SUPPLEMENT

45582

The foregoing appropriation item 055415, County Prosecutors'	45583
Pay Supplement, shall be used for the purpose of supplementing the	45584
annual compensation of certain county prosecutors as required by	45585
section 325.111 of the Revised Code.	45586

At the request of the Attorney General, the Director of	45587
Budget and Management may transfer appropriation from	45588
appropriation item 055321, Operating Expenses, to appropriation	45589
item 055415, County Prosecutors' Pay Supplement. Any appropriation	45590
so transferred shall be used to supplement the annual compensation	45591
of county prosecutors as required by section 325.111 of the	45592
Revised Code.	45593

CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL	45594
REIMBURSEMENT FUND	45595

Notwithstanding any other provision of law to the contrary,	45596
on July 1, 2013, or as soon as possible thereafter, the Director	45597
of Budget and Management shall transfer $80,000 cash from the	45598
General Revenue Fund to the General Reimbursement Fund (Fund	45599
1060).	45600

WORKERS' COMPENSATION SECTION

45601

The Workers' Compensation Fund (Fund 1950) is entitled to	45602
receive payments from the Bureau of Workers' Compensation and the	45603
Ohio Industrial Commission at the beginning of each quarter of	45604
each fiscal year to fund legal services to be provided to the	45605
Bureau of Workers' Compensation and the Ohio Industrial Commission	45606
during the ensuing quarter. The advance payment shall be subject	45607
to adjustment.	45608

In addition, the Bureau of Workers' Compensation shall	45609
transfer payments at the beginning of each quarter for the support	45610
of the Workers' Compensation Fraud Unit.	45611

All amounts shall be mutually agreed upon by the Attorney	45612
General, the Bureau of Workers' Compensation, and the Ohio	45613
Industrial Commission.	45614

ATTORNEY GENERAL PASS-THROUGH FUNDS

45615

The foregoing appropriation item 055638, Attorney General	45616
Pass-Through Funds, shall be used to receive federal grant funds	45617
provided to the Attorney General by other state agencies,	45618
including, but not limited to, the Department of Youth Services	45619
and the Department of Public Safety.	45620

GENERAL HOLDING ACCOUNT

45621

The foregoing appropriation item 055631, General Holding	45622
Account, shall be used to distribute moneys under the terms of	45623
relevant court orders or other settlements received in a variety	45624
of cases involving the Office of the Attorney General. If it is	45625
determined that additional amounts are necessary for this purpose,	45626
the amounts are hereby appropriated.	45627

ANTITRUST SETTLEMENTS

45628

The foregoing appropriation item 055632, Antitrust	45629
Settlements, shall be used to distribute moneys under the terms of	45630
relevant court orders or other out of court settlements in	45631
antitrust cases or antitrust matters involving the Office of the	45632
Attorney General. If it is determined that additional amounts are	45633
necessary for this purpose, the amounts are hereby appropriated.	45634

CONSUMER FRAUDS

45635

The foregoing appropriation item 055630, Consumer Frauds,	45636
shall be used for distribution of moneys from court-ordered	45637
judgments against sellers in actions brought by the Office of	45638
Attorney General under sections 1334.08 and 4549.48 and division	45639
(B) of section 1345.07 of the Revised Code. These moneys shall be	45640
used to provide restitution to consumers victimized by the fraud	45641
that generated the court-ordered judgments. If it is determined	45642
that additional amounts are necessary for this purpose, the	45643
amounts are hereby appropriated.	45644

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

45645

The foregoing appropriation item 055601, Organized Crime	45646
Commission Distributions, shall be used by the Organized Crime	45647
Investigations Commission, as provided by section 177.011 of the	45648
Revised Code, to reimburse political subdivisions for the expenses	45649
the political subdivisions incur when their law enforcement	45650
officers participate in an organized crime task force. If it is	45651
determined that additional amounts are necessary for this purpose,	45652
the amounts are hereby appropriated.	45653

COLLECTION PAYMENT REDISTRIBUTION

45654

The foregoing appropriation item 055650, Collection Payment	45655
Redistribution, shall be used for the purpose of allocating the	45656
revenue where debtors mistakenly paid the client agencies instead	45657
of the Attorney General's Collections Enforcement Section. If it	45658
is determined that additional amounts are necessary for this	45659
purpose, the amounts are hereby appropriated.	45660

OHIO LAW ENFORCEMENT TRAINING FUND RECOMMENDATIONS

45661

By September 1, 2013, the Attorney General, in consultation	45662
with state and local law enforcement agencies, shall submit to the	45663
President and Minority Leader of the Senate and the Speaker and	45664
Minority Leader of the House of Representatives a report	45665
recommending how to best use moneys collected from the gross	45666
casino revenue tax, pursuant to Section 6(C)(3)(f) of Article XV,	45667
Ohio Constitution, and how to best distribute such money for the	45668
purposes of enhancing public safety and providing additional	45669
training opportunities to the law enforcement community. The	45670
report shall expressly include a recommendation for sharing a	45671
portion of such moneys with local law enforcement agencies	45672
beginning in fiscal year 2015.	45673

CASH TRANSFERS FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS	45674
FUND	45675

Notwithstanding section 512.20 of Am. Sub. H.B. 487 of the	45676
129th General Assembly, on July 1, 2014, or as soon as possible	45677
thereafter, the Director of Budget and Management may transfer up	45678
to $8,000,000 cash from the Pre-Securitization Tobacco Payments	45679
Fund (Fund 5LS0) to the Tobacco Oversight Administration and	45680
Enforcement Fund (Fund U087).	45681

Sec. 241.10. COM DEPARTMENT OF COMMERCE

45682

General Services Fund Group	45683

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	45684
1630	800637	Information Technology	$	6,011,977	$	6,011,977	45685
5430	800602	Unclaimed Funds-Operating	$	7,737,546	$	7,737,546	45686
5430	800625	Unclaimed Funds-Claims	$	64,000,000	$	64,000,000	45687
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	45688
TOTAL GSF General Services Fund							45689
Group			$	84,249,523	$	84,249,523	45690

Federal Special Revenue Fund Group	45691

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	45692
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	45693
TOTAL FED Federal Special Revenue							45694
Fund Group			$	2,685,729	$	2,685,729	45695

State Special Revenue Fund Group	45696

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	45697
4H90	800608	Cemeteries	$	266,688	$	266,688	45698
4X20	800619	Financial Institutions	$	1,854,298	$	1,854,298	45699
5440	800612	Banks	$	6,836,589	$	6,836,589	45700
5450	800613	Savings Institutions	$	2,259,536	$	2,259,536	45701
5460	800610	Fire Marshal	$	17,336,990	$	15,976,408	45702
5460	800639	Fire Department Grants	$	2,198,802	$	~~2,198,802~~ 5,198,802	45703
5470	800603	Real Estate Education/Research	$	69,655	$	69,655	45704
5480	800611	Real Estate Recovery	$	50,000	$	50,000	45705
5490	800614	Real Estate	$	3,310,412	$	3,310,412	45706
5500	800617	Securities	$	4,238,814	$	4,238,814	45707
5520	800604	Credit Union	$	3,297,888	$	3,297,888	45708
5530	800607	Consumer Finance	$	3,481,692	$	3,481,692	45709
5560	800615	Industrial Compliance	$	26,612,520	$	27,104,205	45710
5FW0	800616	Financial Literacy Education	$	200,000	$	200,000	45711
5GK0	800609	Securities Investor Education/Enforcement	$	432,150	$	432,150	45712
5HV0	800641	Cigarette Enforcement	$	118,800	$	118,800	45713
5LP0	800646	Liquor Regulatory Operating Expenses	$	7,988,921	$	7,844,537	45714
5PA0	800647	Bustr Revolving Loan Program	$	0	$	3,000,000	45715
5X60	800623	Video Service	$	337,224	$	337,224	45716
6530	800629	UST Registration/Permit Fee	$	~~3,831,888~~ 2,331,888	$	~~3,612,588~~ 2,112,588	45717
6A40	800630	Real Estate Appraiser-Operating	$	672,973	$	672,973	45718
TOTAL SSR State Special Revenue							45719
Fund Group			$	~~85,430,840~~ 83,930,840	$	~~84,198,259~~ 88,698,259	45720

Liquor Control Fund Group	45721

5LC0	800644	Liquor JobsOhio Extraordinary Allowance	$	557,974	$	372,661	45722
5LN0	800645	Liquor Operating Services	$	13,949,342	$	9,316,535	45723
TOTAL LCF Liquor Control							45724
Fund Group			$	14,507,316	$	9,689,196	45725
TOTAL ALL BUDGET FUND GROUPS			$	~~186,873,408~~ 185,373,408	$	~~180,822,707~~ 185,322,707	45726

ADMINISTRATIVE ASSESSMENTS

45727

Notwithstanding any other provision of law to the contrary,	45728
the Division of Administration Fund (Fund 1630) is entitled to	45729
receive assessments from all operating funds of the Department in	45730
accordance with procedures prescribed by the Director of Commerce	45731
and approved by the Director of Budget and Management.	45732

UNCLAIMED FUNDS PAYMENTS

45733

The foregoing appropriation item 800625, Unclaimed	45734
Funds-Claims, shall be used to pay claims under section 169.08 of	45735
the Revised Code. If it is determined that additional amounts are	45736
necessary, the amounts are appropriated.	45737

FIRE DEPARTMENT GRANTS

45738

Of the foregoing appropriation item 800639, Fire Department	45739
Grants, up to $2,198,802 in ~~each~~ fiscal year 2014 and $5,198,802	45740
in fiscal year 2015 shall be used to make annual grants to the	45741
following eligible recipients: volunteer fire departments, fire	45742
departments that serve one or more small municipalities or small	45743
townships, joint fire districts comprised of fire departments that	45744
primarily serve small municipalities or small townships, local	45745
units of government responsible for such fire departments, and	45746
local units of government responsible for the provision of fire	45747
protection services for small municipalities or small townships.	45748
For the purposes of these grants, a private fire company, as that	45749
phrase is defined in section 9.60 of the Revised Code, that is	45750
providing fire protection services under a contract to a political	45751
subdivision of the state, is an additional eligible recipient for	45752
a training grant.	45753

Eligible recipients that consist of small municipalities or	45754
small townships that all intend to contract with the same fire	45755
department or private fire company for fire protection services	45756
may jointly apply and be considered for a grant. If a joint	45757
applicant is awarded a grant, the State Fire Marshal shall, if	45758
feasible, proportionately award the grant and any equipment	45759
purchased with grant funds to each of the joint applicants based	45760
upon each applicant's contribution to and demonstrated need for	45761
fire protection services.	45762

If the grant awarded to joint applicants is an equipment	45763
grant and the equipment to be purchased cannot be readily	45764
distributed or possessed by multiple recipients, each of the joint	45765
applicants shall be awarded by the State Fire Marshal an ownership	45766
interest in the equipment so purchased in proportion to each	45767
applicant's contribution to and demonstrated need for fire	45768
protection services. The joint applicants shall then mutually	45769
agree on how the equipment is to be maintained, operated, stored,	45770
or disposed of. If, for any reason, the joint applicants cannot	45771
agree as to how jointly owned equipment is to be maintained,	45772
operated, stored, or disposed of or any of the joint applicants no	45773
longer maintain a contract with the same fire protection service	45774
provider as the other applicants, then the joint applicants shall,	45775
with the assistance of the State Fire Marshal, mutually agree as	45776
to how the jointly owned equipment is to be maintained, operated,	45777
stored, disposed of, or owned. If the joint applicants cannot	45778
agree how the grant equipment is to be maintained, operated,	45779
stored, disposed of, or owned, the State Fire Marshal may, in its	45780
discretion, require all of the equipment acquired by the joint	45781
applicants with grant funds to be returned to the State Fire	45782
Marshal. The State Fire Marshal may then award the returned	45783
equipment to any eligible recipients. For this paragraph only, an	45784
"equipment grant" also includes a MARCS Grant.	45785

Except as otherwise provided in this section, the grants	45786
shall be used by recipients to purchase firefighting or rescue	45787
equipment or gear or similar items, to provide full or partial	45788
reimbursement for the documented costs of firefighter training,	45789
or, at the discretion of the State Fire Marshal, to cover fire	45790
department costs for providing fire protection services in that	45791
grant recipient's jurisdiction.	45792

Of the foregoing appropriation item 800639, Fire Department	45793
Grants, up to $500,000 per fiscal year may be used to pay for the	45794
State Fire Marshal's costs of providing firefighter I	45795
certification classes or other firefighter classes approved by the	45796
Department of Public Safety in accordance with section 4765.55 of	45797
the Revised Code at no cost to selected students attending the	45798
Ohio Fire Academy or other class providers approved by the State	45799
Fire Marshal. The State Fire Marshal may establish the	45800
qualifications and selection processes for students to attend such	45801
classes by written policy, and such students shall be considered	45802
eligible recipients of fire department grants for the purposes of	45803
this portion of the grant program.	45804

For purposes of this section, a MARCS Grant is a grant for	45805
systems, equipment, or services that are a part of, integrated	45806
into, or otherwise interoperable with the Multi-Agency Radio	45807
Communication System (MARCS) operated by the state.	45808

Of the foregoing appropriation item 800639, Fire Department	45809
Grants, up to $3,000,000 in fiscal year 2015 may be used for MARCS	45810
Grants. MARCS Grants may be used for the payment of user access	45811
fees by the eligible recipient to access MARCS.	45812

MARCS Grant awards may be up to $50,000 in fiscal year 2015	45813
per eligible recipient. Each eligible recipient may only apply, as	45814
a separate entity or as a part of a joint application, for one	45815
MARCS Grant per fiscal year. Eligible recipients that are or were	45816
awarded fire department grants that are not MARCS Grants may also	45817
apply for and receive MARCS Grants in accordance with criteria for	45818
the awarding of grant funds established by the State Fire Marshal.	45819

Grant awards for firefighting or rescue equipment or gear or	45820
for fire department costs of providing fire protection services	45821
shall be up to $15,000 per fiscal year, or up to $25,000 per	45822
fiscal year if an eligible entity serves a jurisdiction in which	45823
the Governor declared a natural disaster during the preceding or	45824
current fiscal year in which the grant was awarded. In addition to	45825
any grant funds awarded for rescue equipment or gear, or for fire	45826
department costs associated with the provision of fire protection	45827
services, an eligible entity may receive a grant for up to $15,000	45828
per fiscal year for full or partial reimbursement of the	45829
documented costs of firefighter training. For each fiscal year,	45830
the State Fire Marshal shall determine the total amounts to be	45831
allocated for each eligible purpose.	45832

The grant program shall be administered by the State Fire	45833
Marshal in accordance with rules the State Fire Marshal adopts as	45834
part of the state fire code adopted pursuant to section 3737.82 of	45835
the Revised Code that are necessary for the administration and	45836
operation of the grant program. The rules may further define the	45837
entities eligible to receive grants and establish criteria for the	45838
awarding and expenditure of grant funds, including methods the	45839
State Fire Marshal may use to verify the proper use of grant funds	45840
or to obtain reimbursement for or the return of equipment for	45841
improperly used grant funds. To the extent consistent with this	45842
section and until such time as the rules are updated, the existing	45843
rules in the state fire code adopted pursuant to section 3737.82	45844
of the Revised Code for fire department grants under this section	45845
apply to MARCS Grants. Any amounts in appropriation item 800639,	45846
Fire Department Grants, in excess of the amount allocated for	45847
these grants may be used for the administration of the grant	45848
program.	45849

CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND

45850

The Director of Budget and Management, upon the request of	45851
the Director of Commerce, may transfer up to $500,000 in cash from	45852
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in	45853
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to	45854
the Division of Real Estate Operating Fund (Fund 5490) during the	45855
biennium ending June 30, 2015.	45856

Sec. 257.10. DEV DEVELOPMENT SERVICES AGENCY

45857

General Revenue Fund	45858

GRF	195402	Coal Research Operating	$	261,205	$	261,405	45859
GRF	195405	Minority Business Development	$	1,693,691	$	1,693,691	45860
GRF	195407	Travel and Tourism	$	1,300,000	$	0	45861
GRF	195415	Business Development Services	$	2,413,387	$	2,413,387	45862
GRF	195426	Redevelopment Assistance	$	1,968,365	$	468,365	45863
GRF	195497	CDBG Operating Match	$	1,015,000	$	1,015,000	45864
GRF	195501	Appalachian Local Development Districts	$	440,000	$	440,000	45865
GRF	195532	Technology Programs and Grants	$	13,547,341	$	13,547,341	45866
GRF	195533	Business Assistance	$	4,205,774	$	4,205,774	45867
GRF	195535	Appalachia Assistance	$	3,846,482	$	3,846,482	45868
GRF	195537	Ohio-Israel Agricultural Initiative	$	150,000	$	150,000	45869
GRF	195901	Coal Research & Development General Obligation Debt Service	$	2,858,900	$	4,327,200	45870
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	~~66,511,600~~ 61,911,600	$	~~83,783,000~~ 78,483,000	45871
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	~~15,498,400~~ 13,198,400	$	19,124,500	45872
TOTAL GRF General Revenue Fund			$	~~115,710,145~~ 108,810,145	$	~~135,276,145~~ 129,976,145	45873

General Services Fund Group	45874

1350	195684	Development Services Operations	$	10,800,000	$	10,800,000	45875
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	45876
5KN0	195640	Local Government Innovation	$	20,730,986	$	21,900,000	45877
5MB0	195623	Business Incentive Grants	$	15,000,000	$	0	45878
5MK0	195600	Vacant Facilities Grant	$	1,000,000	$	1,000,000	45879
5W50	195690	Travel and Tourism Cooperative Projects	$	150,000	$	150,000	45880
6850	195636	Development Services Reimbursable Expenditures	$	700,000	$	700,000	45881
TOTAL GSF General Services Fund							45882
Group			$	50,880,986	$	37,050,000	45883

Federal Special Revenue Fund Group	45884

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	45885
3080	195603	Housing Assistance Programs	$	10,000,000	$	10,000,000	45886
3080	195609	Small Business Administration Grants	$	5,271,381	$	5,271,381	45887
3080	195618	Energy Grants	$	9,307,779	$	4,109,193	45888
3080	195670	Home Weatherization Program	$	17,000,000	$	17,000,000	45889
3080	195671	Brownfield Redevelopment	$	5,000,000	$	5,000,000	45890
3080	195672	Manufacturing Extension Partnership	$	5,359,305	$	5,359,305	45891
3080	195675	Procurement Technical Assistance	$	600,000	$	600,000	45892
3080	195681	SBDC Disability Consulting	$	1,300,000	$	1,300,000	45893
3350	195610	Energy Programs	$	200,000	$	200,000	45894
3AE0	195643	Workforce Development Initiatives	$	1,800,000	$	1,800,000	45895
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	38,152	$	0	45896
3FJ0	195626	Small Business Capital Access and Collateral Enhancement Program	$	32,046,846	$	5,655,326	45897
3FJ0	195661	Technology Targeted Investment Program	$	12,750,410	$	2,250,072	45898
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	45899
3K90	195611	Home Energy Assistance Block Grant	$	172,000,000	$	172,000,000	45900
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	45901
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	45902
3V10	195601	HOME Program	$	30,000,000	$	30,000,000	45903
TOTAL FED Federal Special Revenue							45904
Fund Group			$	417,389,090	$	375,260,494	45905

State Special Revenue Fund Group	45906

4500	195624	Minority Business Bonding Program Administration	$	74,868	$	74,905	45907
4510	195649	Business Assistance Programs	$	6,300,800	$	6,700,800	45908
4F20	195639	State Special Projects	$	102,145	$	102,104	45909
4F20	195699	Utility Community Assistance	$	500,000	$	500,000	45910
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	45911
5HR0	195526	Incumbent Workforce Training Vouchers	$	30,000,000	$	30,000,000	45912
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	45913
5JR0	195635	Redevelopment Program Support	$	100,000	$	100,000	45914
5KP0	195645	Historic Rehab Operating	$	650,000	$	650,000	45915
5LU0	195673	Racetrack Facility Community Economic Redevelopment Fund	$	12,000,000	$	0	45916
5M40	195659	Low Income Energy Assistance (USF)	$	350,000,000	$	350,000,000	45917
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	8,000,000	45918
5MH0	195644	SiteOhio Administration	$	100,000	$	100,000	45919
5MJ0	195683	TourismOhio Administration	$	8,000,000	$	8,000,000	45920
5W60	195691	International Trade Cooperative Projects	$	18,000	$	18,000	45921
6170	195654	Volume Cap Administration	$	32,562	$	32,562	45922
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	45923
TOTAL SSR State Special Revenue							45924
Fund Group			$	474,628,375	$	463,028,371	45925

Facilities Establishment Fund Group	45926

5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	45927
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	45928
7010	195665	Research and Development	$	22,000,000	$	22,000,000	45929
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	45930
TOTAL 037 Facilities							45931
Establishment Fund Group			$	90,000,000	$	90,000,000	45932

Clean Ohio Revitalization Fund	45933

7003	195663		Clean Ohio Program		$	950,000		$	950,000		45934
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		45935

Third Frontier Research & Development Fund Group	45936

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	45937
7011	195687	Third Frontier Research & Development Projects	$	90,850,250	$	90,850,250	45938
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	45939
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	45940
TOTAL 011 Third Frontier Research & Development Fund Group			$	132,000,000	$	132,000,000	45941

Job Ready Site Development Fund Group	45942

7012	195688		Job Ready Site Development		$	800,000		$	800,000		45943
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		45944

Tobacco Master Settlement Agreement Fund Group	45945

M087	195435	Biomedical Research and Technology Transfer	$	1,896,595	$	1,906,025	45946
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,896,595	$	1,906,025	45947
TOTAL ALL BUDGET FUND GROUPS			$	~~1,284,255,191~~ 1,277,355,191	$	~~1,236,271,035~~ 1,230,971,035	45948

Sec. 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

45950

General Revenue Fund	45951

GRF	320412	Protective Services	$	1,918,196	$	1,918,196	45952
GRF	320415	Lease-Rental Payments	$	~~15,843,300~~ 14,743,300	$	16,076,700	45953
GRF	322420	Screening and Early Intervention	$	300,000	$	300,000	45954
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	45955
GRF	322501	County Boards Subsidies	$	44,449,280	$	44,449,280	45956
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	45957
GRF	322507	County Board Case Management	$	2,500,000	$	2,500,000	45958
GRF	322508	Employment First Pilot Program	$	3,000,000	$	3,000,000	45959
GRF	653321	Medicaid Program Support - State	$	6,186,694	$	6,186,694	45960
GRF	653407	Medicaid Services	$	430,056,111	$	437,574,237	45961
TOTAL GRF General Revenue Fund			$	~~524,186,339~~ 523,086,339	$	531,937,865	45962

General Services Fund Group	45963

1520	653609		DC and Residential Operating Services		$	3,414,317		$	3,414,317		45964
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		45965

Federal Special Revenue Fund Group	45966

3A50	320613	DD Council	$	3,297,656	$	3,324,187	45967
3250	322612	Community Social Service Programs	$	10,604,896	$	10,604,896	45968
3A40	653604	DC & ICF/IID Program Support	$	8,013,611	$	8,013,611	45969
3A40	653605	DC and Residential Services and Support	$	159,548,565		159,548,565	45970
3A40	653653	ICF/IID	$	354,712,840	$	353,895,717	45971
3G60	653639	Medicaid Waiver Services	$	932,073,249	$	1,025,921,683	45972
3G60	653640	Medicaid Waiver Program Support	$	36,934,303	$	36,170,872	45973
3M70	653650	CAFS Medicaid	$	3,000,000	$	3,000,000	45974
TOTAL FED Federal Special Revenue Fund Group			$	1,508,185,120	$	1,600,479,531	45975

State Special Revenue Fund Group	45976

5GE0	320606	Operating and Services	$	7,407,297	$	7,407,297	45977
2210	322620	Supplement Service Trust	$	150,000	$	150,000	45978
5DJ0	322625	Targeted Case Management Match	$	33,750,000	$	37,260,000	45979
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	45980
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	45981
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	45982
4890	653632	DC Direct Care Services	$	16,497,169	$	16,497,169	45983
5CT0	653607	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	45984
5DJ0	653626	Targeted Case Management Services	$	91,740,000	$	100,910,000	45985
5EV0	653627	Medicaid Program Support	$	685,000	$	685,000	45986
5GE0	653606	ICF/IID and Waiver Match	$	40,353,139	$	39,106,638	45987
5S20	653622	Medicaid Admin and Oversight	$	17,341,201	$	19,032,154	45988
5Z10	653624	County Board Waiver Match	$	284,740,000	$	336,480,000	45989
TOTAL SSR State Special Revenue Fund Group			$	494,618,806	$	559,483,258	45990
TOTAL ALL BUDGET FUND GROUPS			$	~~2,530,404,582~~ 2,529,304,582	$	2,695,314,971	45991

Sec. 263.10. EDU DEPARTMENT OF EDUCATION

45993

General Revenue Fund	45994

GRF	200321	Operating Expenses	$	13,142,780	$	13,142,780	45995
GRF	200408	Early Childhood Education	$	33,318,341	$	45,318,341	45996
GRF	200420	Information Technology Development and Support	$	4,241,296	$	4,241,296	45997
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	45998
GRF	200422	School Management Assistance	$	3,000,000	$	3,000,000	45999
GRF	200424	Policy Analysis	$	328,558	$	328,558	46000
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	46001
GRF	200426	Ohio Educational Computer Network	$	29,625,569	$	19,625,569	46002
GRF	200427	Academic Standards	$	3,800,000	$	3,800,000	46003
GRF	200437	Student Assessment	$	55,895,000	$	75,895,000	46004
GRF	200439	Accountability/Report Cards	$	3,500,000	$	3,750,000	46005
GRF	200442	Child Care Licensing	$	827,140	$	827,140	46006
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	46007
GRF	200447	GED Testing	$	879,551	$	879,551	46008
GRF	200448	Educator Preparation	$	1,136,737	$	1,564,237	46009
GRF	200455	Community Schools and Choice Programs	$	2,438,685	$	2,491,395	46010
GRF	200464	General Technology Operations	$	192,097	$	192,097	46011
GRF	200465	Technology Integration and Professional Development	$	1,778,879	$	1,778,879	46012
GRF	200502	Pupil Transportation	$	505,013,527	$	521,013,527	46013
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	46014
GRF	200511	Auxiliary Services	$	130,499,457	$	138,214,374	46015
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	58,951,750	$	62,436,882	46016
GRF	200540	Special Education Enhancements	$	156,871,292	$	157,871,292	46017
GRF	200545	Career-Technical Education Enhancements	$	9,372,999	$	9,372,999	46018
GRF	200550	Foundation Funding	$	5,808,098,389	$	6,151,463,768	46019
GRF	200566	Literacy Improvement	$	150,000	$	150,000	46020
GRF	200901	Property Tax Allocation - Education	$	~~1,138,800,000~~ 1,126,800,000	$	~~1,156,402,000~~ 1,146,402,000	46021
TOTAL GRF General Revenue Fund			$	~~7,985,459,657~~ 7,973,459,657	$	~~8,397,357,295~~ 8,387,357,295	46022

General Services Fund Group	46023

1380	200606	Information Technology Development and Support	$	6,850,090	$	6,850,090	46024
4520	200638	Fees and Refunds	$	500,000	$	500,000	46025
4L20	200681	Teacher Certification and Licensure	$	8,313,762	$	13,658,274	46026
5960	200656	Ohio Career Information System	$	529,761	$	529,761	46027
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	46028
5JC0	200629	Career Advising and Mentoring	$	0	$	10,000,000	46029
5JC0	200654	Adult Career Opportunity Pilot Program	$	0	$	2,500,000	46030
5KX0	200691	Ohio School Sponsorship Program	$	487,419	$	487,419	46031
5KY0	200693	Community Schools Temporary Sponsorship	$	83,000	$	83,000	46032
TOTAL GSF General Services							46033
Fund Group			$	41,764,032	$	~~47,108,544~~ 59,608,544	46034

Federal Special Revenue Fund Group	46035

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	46036
3670	200607	School Food Services	$	8,200,664	$	8,700,149	46037
3700	200624	Education of Exceptional Children	$	1,530,000	$	1,530,000	46038
3AF0	200603	Schools Medicaid Administrative Claims	$	750,000	$	750,000	46039
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	46040
3BK0	200628	Longitudinal Data Systems	$	1,250,000	$	0	46041
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	46042
3CG0	200646	Teacher Incentive	$	15,125,588	$	15,183,285	46043
3D20	200667	Math Science Partnerships	$	6,000,000	$	6,000,000	46044
3EC0	200653	Teacher Incentive - Federal Stimulus	$	1,300,000	$	0	46045
3EH0	200620	Migrant Education	$	2,900,000	$	2,900,000	46046
3EJ0	200622	Homeless Children Education	$	2,600,000	$	2,600,000	46047
3EK0	200637	Advanced Placement	$	450,000	$	450,000	46048
3EN0	200655	State Data Systems - Federal Stimulus	$	1,250,000	$	0	46049
3FD0	200665	Race to the Top	$	136,000,000	$	58,074,046	46050
3FN0	200672	Early Learning Challenge - Race to the Top	$	7,040,000	$	7,040,000	46051
3GE0	200674	Summer Food Service Program	$	13,596,000	$	14,003,800	46052
3GF0	200675	Miscellaneous Nutrition Grants	$	700,000	$	700,000	46053
3GG0	200676	Fresh Fruit and Vegetable Program	$	4,738,000	$	4,880,140	46054
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	46055
3L60	200617	Federal School Lunch	$	350,608,075	$	361,126,273	46056
3L70	200618	Federal School Breakfast	$	108,480,590	$	112,819,813	46057
3L80	200619	Child/Adult Food Programs	$	106,992,650	$	110,202,428	46058
3L90	200621	Career-Technical Education Basic Grant	$	44,663,900	$	44,663,900	46059
3M00	200623	ESEA Title 1A	$	560,000,000	$	560,000,000	46060
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	46061
3T40	200613	Public Charter Schools	$	500,000	$	0	46062
3Y20	200688	21st Century Community Learning Centers	$	48,201,810	$	50,611,900	46063
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	46064
3Y70	200689	English Language Acquisition	$	9,700,000	$	9,700,000	46065
3Y80	200639	Rural and Low Income Technical Assistance	$	3,300,000	$	3,300,000	46066
3Z20	200690	State Assessments	$	11,800,000	$	11,800,000	46067
3Z30	200645	Consolidated Federal Grant Administration	$	7,949,280	$	7,949,280	46068
TOTAL FED Federal Special							46069
Revenue Fund Group			$	2,038,044,998	$	1,977,403,455	46070

State Special Revenue Fund Group	46071

4540	200610	GED Testing	$	1,050,000	$	250,000	46072
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	46073
4R70	200695	Indirect Operational Support	$	6,600,000	$	6,600,000	46074
4V70	200633	Interagency Program Support	$	717,725	$	717,725	46075
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	46076
5BJ0	200626	Half-Mill Maintenance Equalization	$	19,000,000	$	20,000,000	46077
5MM0	200677	Child Nutrition Refunds	$	500,000	$	500,000	46078
5T30	200668	Gates Foundation Grants	$	200,000	$	153,000	46079
5U20	200685	National Education Statistics	$	300,000	$	300,000	46080
6200	200615	Educational Improvement Grants	$	300,000	$	300,000	46081
TOTAL SSR State Special Revenue							46082
Fund Group			$	53,996,635	$	54,149,635	46083

Lottery Profits Education Fund Group	46084

7017	200612	Foundation Funding	$	775,500,000	$	853,000,000	46085
7017	200648	Straight A Fund	$	100,000,000	$	150,000,000	46086
7017	200666	EdChoice Expansion	$	8,500,000	$	17,000,000	46087
7017	200684	Community School Facilities	$	7,500,000	$	7,500,000	46088
TOTAL LPE Lottery Profits							46089
Education Fund Group			$	891,500,000	$	1,027,500,000	46090

Revenue Distribution Fund Group	46091

7047	200909	School District Property Tax Replacement-Business	$	482,000,000	$	482,000,000	46092
7053	200900	School District Property Tax Replacement-Utility	$	28,000,000	$	28,000,000	46093
TOTAL RDF Revenue Distribution							46094
Fund Group			$	510,000,000	$	510,000,000	46095
TOTAL ALL BUDGET FUND GROUPS			$	~~11,520,765,322~~ 11,508,765,322	$	~~12,013,518,929~~ 12,016,018,929	46096

Sec. 263.230. FOUNDATION FUNDING

46098

Of the foregoing appropriation item 200550, Foundation	46099
Funding, up to $675,000 in fiscal year 2014 shall be used to	46100
support the work of the College of Education and Human Ecology at	46101
the Ohio State University in reviewing and assessing the alignment	46102
of courses offered through the distance learning clearinghouse	46103
established in sections 3333.81 to 3333.88 of the Revised Code	46104
with the academic content standards adopted under division (A) of	46105
section 3301.079 of the Revised Code.	46106

Of the foregoing appropriation item 200550, Foundation	46107
Funding, up to $40,000,000 in each fiscal year shall be used to	46108
provide additional state aid to school districts, joint vocational	46109
school districts, community schools, and STEM schools for special	46110
education students under division (C)(3) of section 3314.08,	46111
section 3317.0214, division (B) of section 3317.16, and section	46112
3326.34 of the Revised Code, except that the Controlling Board may	46113
increase these amounts if presented with such a request from the	46114
Department of Education at the final meeting of the fiscal year.	46115

Of the foregoing appropriation item 200550, Foundation	46116
Funding, up to $2,000,000 in each fiscal year shall be reserved	46117
for Youth Services tuition payments under section 3317.024 of the	46118
Revised Code.	46119

Of the foregoing appropriation item 200550, Foundation	46120
Funding, up to $3,800,000 in each fiscal year shall be used to	46121
fund gifted education at educational service centers. The	46122
Department shall distribute the funding through the unit-based	46123
funding methodology in place under division (L) of section	46124
3317.024, division (E) of section 3317.05, and divisions (A), (B),	46125
and (C) of section 3317.053 of the Revised Code as they existed	46126
prior to fiscal year 2010.	46127

Of the foregoing appropriation item 200550, Foundation	46128
Funding, up to $43,500,000 in fiscal year 2014 and up to	46129
$40,000,000 in fiscal year 2015 shall be reserved to fund the	46130
state reimbursement of educational service centers under the	46131
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	46132
entitled "EDUCATIONAL SERVICE CENTERS FUNDING"; and up to	46133
$3,500,000 in each fiscal year shall be distributed to educational	46134
service centers for School Improvement Initiatives and, in	46135
consultation with the Governor's Director of 21st Century	46136
Education, for the provision of technical assistance as required	46137
by the Elementary and Secondary Education Act Flexibility waivers	46138
approved for Ohio by the United States Department of Education.	46139
Educational service centers shall be required to support districts	46140
in the development and implementation of their continuous	46141
improvement plans as required in section 3302.04 of the Revised	46142
Code and to provide technical assistance and support in accordance	46143
with Title I of the "No Child Left Behind Act of 2001," 115 Stat.	46144
1425, 20 U.S.C. 6317, as administered pursuant to the Elementary	46145
and Secondary Education Act Flexibility waivers approved for Ohio	46146
by the United States Department of Education.	46147

Of the foregoing appropriation item 200550, Foundation	46148
Funding, up to $20,000,000 in each fiscal year shall be reserved	46149
for payments under sections 3317.026, 3317.027, and 3317.028 of	46150
the Revised Code. If this amount is not sufficient, the Department	46151
of Education shall prorate the payment amounts so that the	46152
aggregate amount allocated in this paragraph is not exceeded.	46153

Of the foregoing appropriation item 200550, Foundation	46154
Funding, up to $2,000,000 in each fiscal year shall be used to pay	46155
career-technical planning districts for the amounts reimbursed to	46156
students, as prescribed in this paragraph. Each career-technical	46157
planning district shall reimburse individuals taking the online	46158
General Educational Development (GED) test for the first time for	46159
application/test fees in excess of $40. Each career-technical	46160
planning district shall designate a site or sites where	46161
individuals may register and take the exam. For each individual	46162
that registers for the exam, the career-technical planning	46163
district shall make available and offer career counseling	46164
services, including information on adult education programs that	46165
are available. Any remaining funds in each fiscal year shall be	46166
reimbursed to the Department of Youth Services and the Department	46167
of Rehabilitation and Correction for individuals in these	46168
facilities who have taken the GED for the first time. The amounts	46169
reimbursed shall not exceed the per-individual amounts reimbursed	46170
to other individuals under this section for each section of the	46171
GED.	46172

Of the foregoing appropriation item 200550, Foundation	46173
Funding, up to $410,000 in each fiscal year shall be used to pay	46174
career-technical planning districts $500 for each student that	46175
receives a journeyman certification, as recognized by the United	46176
States Department of Labor, and to pay a career-technical planning	46177
district $125 per full-time equivalent student who successfully	46178
completes the portion of an apprenticeship program offered by a	46179
private entity as specified in the agreement under section 3313.91	46180
of the Revised Code. The district shall apply to the Department	46181
for the apprenticeship program funding.	46182

Of the foregoing appropriation item 200550, Foundation	46183
Funding, up to $18,713,327 in each fiscal year shall be used to	46184
support school choice programs.	46185

Of the portion of the funds distributed to the Cleveland	46186
Municipal School District under this section, up to $11,901,887 in	46187
each fiscal year shall be used to operate the school choice	46188
program in the Cleveland Municipal School District under sections	46189
3313.974 to 3313.979 of the Revised Code. Notwithstanding	46190
divisions (B) and (C) of section 3313.978 and division (C) of	46191
section 3313.979 of the Revised Code, up to $1,000,000 in each	46192
fiscal year of this amount shall be used by the Cleveland	46193
Municipal School District to provide tutorial assistance as	46194
provided in division (H) of section 3313.974 of the Revised Code.	46195
The Cleveland Municipal School District shall report the use of	46196
these funds in the district's three-year continuous improvement	46197
plan as described in section 3302.04 of the Revised Code in a	46198
manner approved by the Department of Education.	46199

Of the foregoing appropriation item 200550, Foundation	46200
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay	46201
college-preparatory boarding schools the per pupil boarding amount	46202
pursuant to section 3328.34 of the Revised Code.	46203

Of the foregoing appropriation item 200550, Foundation	46204
Funding, up to $500,000 in each fiscal year shall be used to	46205
support Jobs for Ohio's Graduates.	46206

Of the foregoing appropriation item 200550, Foundation	46207
Funding, up to $250,000 in fiscal year 2015 may be used for	46208
payment of the Post-Secondary Enrollment Options Program for	46209
students instructed at home pursuant to section 3321.04 of the	46210
Revised Code.	46211

Of the foregoing appropriation item 200550, Foundation	46212
Funding, up to $5,000,000 in fiscal year 2014 shall be used to	46213
reimburse school districts for the full amount deducted in that	46214
year under section 3310.55 of the Revised Code for Jon Peterson	46215
Scholarships awarded under sections 3310.51 to 3310.64 of the	46216
Revised Code to students who did not attend a public school in	46217
their resident district in the previous school year. If this	46218
amount is not sufficient, the Department of Education shall	46219
prorate the payment amounts so that the aggregate amount	46220
appropriated in this paragraph is not exceeded.	46221

Of the foregoing appropriation item 200550, Foundation	46222
Funding, an amount shall be available in each fiscal year to be	46223
paid to joint vocational school districts in accordance with	46224
division (A) of section 3317.16 of the Revised Code and the	46225
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	46226
entitled "TEMPORARY TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL	46227
DISTRICTS."	46228

Of the foregoing appropriation item 200550, Foundation	46229
Funding, up to $700,000 in each fiscal year shall be used by the	46230
Department of Education for a program to pay for educational	46231
services for youth who have been assigned by a juvenile court or	46232
other authorized agency to any of the facilities described in	46233
division (A) of the section of ~~this act~~Am. Sub. H.B. 59 of the	46234
130th General Assembly entitled "PRIVATE TREATMENT FACILITY	46235
PROJECT."	46236

Of the foregoing appropriation item 200550, Foundation	46237
Funding, up to $675,000 in fiscal year 2015 shall be used to	46238
provide grants on a competitive basis to public and chartered	46239
nonpublic schools for their participation in the electronic	46240
textbook pilot project. These funds shall be administered as	46241
provided under the section of ~~this act~~Am. Sub. H.B. 59 of the	46242
130th General Assembly entitled ELECTRONIC TEXTBOOK PILOT PROJECT.	46243

Of the foregoing appropriation item 200550, Foundation	46244
Funding, up to $500,000 in fiscal year 2014 and up to $3,000,000	46245
in fiscal year 2015 shall be used for the New Leaders for Ohio	46246
Schools Pilot Project in accordance with Section 733.40 of ~~this~~	46247
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly.	46248

The remainder of appropriation item 200550, Foundation	46249
Funding, shall be used to distribute the amounts calculated for	46250
formula aid under section 3317.022 of the Revised Code and the	46251
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	46252
entitled "TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED	46253
VILLAGE SCHOOL DISTRICTS." and the amounts calculated under	46254
section 3317.162 of the Revised Code.	46255

Appropriation items 200502, Pupil Transportation, 200540,	46256
Special Education Enhancements, and 200550, Foundation Funding,	46257
other than specific set-asides, are collectively used in each	46258
fiscal year to pay state formula aid obligations for school	46259
districts, community schools, STEM schools, college preparatory	46260
boarding schools, and joint vocational school districts under ~~this~~	46261
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly. The first	46262
priority of these appropriation items, with the exception of	46263
specific set-asides, is to fund state formula aid obligations. It	46264
may be necessary to reallocate funds among these appropriation	46265
items or use excess funds from other general revenue fund	46266
appropriation items in the Department of Education's budget in	46267
each fiscal year, in order to meet state formula aid obligations.	46268
If it is determined that it is necessary to transfer funds among	46269
these appropriation items or to transfer funds from other General	46270
Revenue Fund appropriations in the Department of Education's	46271
budget to meet state formula aid obligations, the Department of	46272
Education shall seek approval from the Controlling Board to	46273
transfer funds as needed.	46274

The Superintendent of Public Instruction shall make payments,	46275
transfers, and deductions, as authorized by Title XXXIII of the	46276
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and	46277
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in	46278
amounts substantially equal to those made in the prior year, or	46279
otherwise, at the discretion of the Superintendent, until at least	46280
the effective date of the amendments and enactments made to Title	46281
XXXIII by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly.	46282
If a new school district, community school, or STEM school opens	46283
prior to the effective date of ~~this act~~Am. Sub. H.B. 59 of the	46284
130th General Assembly, the Department of Education shall pay to	46285
the district or school an amount of $5,000 per pupil, based upon	46286
the estimated number of students that the district or school is	46287
expected to serve. Any funds paid to districts or schools under	46288
this section shall be credited toward the annual funds calculated	46289
for the district or school after the changes made to Title XXXIII	46290
in ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly are	46291
effective. Upon the effective date of changes made to Title XXXIII	46292
in ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, funds	46293
shall be calculated as an annual amount.	46294

Sec. 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND	46295
EXEMPTED VILLAGE SCHOOL DISTRICTS	46296

The Department of Education shall distribute funds within	46297
appropriation item 200550, Foundation Funding, for temporary	46298
transitional aid in each fiscal year to each qualifying city,	46299
local, and exempted village school district.	46300

(A) For fiscal years 2014 and 2015, the Department shall pay	46301
temporary transitional aid to each city, local, or exempted	46302
village school district that experiences any decrease in its state	46303
foundation funding for the current fiscal year from its	46304
transitional aid guarantee base. The amount of the temporary	46305
transitional aid payment shall equal the difference between its	46306
foundation funding for the current fiscal year and its	46307
transitional aid guarantee base. If the computation made under	46308
this division results in a negative number, the district's funding	46309
under this division shall be zero.	46310

(1) As used in this section, foundation funding for each	46311
city, local, and exempted village school district for a given	46312
fiscal year equals the sum of the amount calculated for the	46313
district under section 3317.022 of the Revised Code, as re-enacted	46314
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, and	46315
the amounts calculated for the district under divisions (G)(1) and	46316
(2) of section 3317.0212 of the Revised Code, as amended by ~~this~~	46317
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly, for that	46318
fiscal year.	46319

(2) The transitional aid guarantee base for each city, local,	46320
and exempted village school district equals the sum of the amounts	46321
computed for the district for fiscal year 2013, under Sections	46322
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the	46323
129th General Assembly. The Department of Education shall adjust,	46324
as necessary, the transitional aid guarantee base of any local	46325
school district that participates in the establishment of a joint	46326
vocational school district that begins receiving payments under	46327
section 3317.16 of the Revised Code, as re-enacted by ~~this act~~Am.	46328
Sub. H.B. 59 of the 130th General Assembly, for fiscal year 2014	46329
or fiscal year 2015, but does not receive payments under Section	46330
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, for	46331
fiscal year 2013. The Department shall adjust any such local	46332
school district's guarantee base according to the amounts received	46333
by the district in fiscal year 2013 for career-technical education	46334
students who attend the newly established joint vocational school	46335
district in fiscal year 2014 or fiscal year 2015.	46336

(B)(1) Notwithstanding section 3317.022 of the Revised Code,	46337
as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	46338
Assembly, in fiscal year 2014, no city, local, or exempted village	46339
school district shall be allocated foundation funding that is	46340
greater than 1.0625 times the district's transitional aid	46341
guarantee base.	46342

(2) Notwithstanding section 3317.022 of the Revised Code, as	46343
re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	46344
Assembly, in fiscal year 2015, no city, local, or exempted village	46345
school district shall be allocated foundation funding that is	46346
greater than 1.105 times the district's fiscal year 2014 base,	46347
which is the amount computed for foundation funding for the	46348
district for fiscal year 2014 plus any amount calculated for	46349
temporary transitional aid for fiscal year 2014 under division (A)	46350
of this section and after any reductions made for fiscal year 2014	46351
under division (B)(1) of this section. The Department shall	46352
adjust, as necessary, the fiscal year 2014 base of any local	46353
school district that participates in the establishment of a joint	46354
vocational school district that begins receiving payments under	46355
section 3317.16 of the Revised Code for fiscal year 2015, but does	46356
not receive such payments for fiscal year 2014. The Department	46357
shall adjust any such local school district's fiscal year 2014	46358
base according to the amounts received by the district in fiscal	46359
year 2014 for career-technical education students who attend the	46360
newly established joint vocational school district in fiscal year	46361
2015.	46362

(3) The Department shall reduce a district's payments under	46363
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022	46364
of the Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of	46365
the 130th General Assembly, and divisions (G)(1) and (2) of	46366
section 3317.0212 of the Revised Code, as amended by ~~this act~~Am.	46367
Sub. H.B. 59 of the 130th General Assembly, proportionately as	46368
necessary in order to comply with this division. If those amounts	46369
are insufficient, the Department shall proportionately reduce a	46370
district's payments under divisions (A)(3), (8), and (9) of	46371
section 3317.022 of the Revised Code, as re-enacted by ~~this act~~	46372
Am. Sub. H.B. 59 of the 130th General Assembly.	46373

Sec. 263.250. TEMPORARY TRANSITIONAL AID FOR JOINT	46374
VOCATIONAL SCHOOL DISTRICTS	46375

The Department of Education shall distribute funds within	46376
appropriation item 200550, Foundation Funding, for temporary	46377
transitional aid in each fiscal year to each qualifying joint	46378
vocational school district.	46379

(A) For fiscal years 2014 and 2015, the Department shall pay	46380
temporary transitional aid to each joint vocational school	46381
district that experiences any decrease in its state core	46382
foundation funding under division (A) of section 3317.16 of the	46383
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	46384
130th General Assembly, for the current fiscal year from its	46385
transitional aid guarantee base. The amount of the temporary	46386
transitional aid payment shall equal the difference between the	46387
district's funding under division (A) of section 3317.16 of the	46388
Revised Code for the current fiscal year and its transitional aid	46389
guarantee base. If the computation made under this division	46390
results in a negative number, the district's funding under this	46391
division shall be zero.	46392

The transitional aid guarantee base for each joint vocational	46393
school district equals the amount computed for the district for	46394
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of	46395
the 129th General Assembly. The Department of Education shall	46396
establish, as necessary, the transitional aid guarantee base of	46397
any joint vocational school district that begins receiving	46398
payments under section 3317.16 of the Revised Code, as re-enacted	46399
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, for	46400
fiscal year 2014 or fiscal year 2015, but does not receive	46401
payments under Section 267.30.60 of Am. Sub. H.B. 153 of the 129th	46402
General Assembly, for fiscal year 2013. The Department shall	46403
establish any such joint vocational school district's guarantee	46404
base as an amount equal to the absolute value of the sum of the	46405
associated adjustments of any local school districts' guarantee	46406
bases under Section 263.240 of ~~this act~~Am. Sub. H.B. 59 of the	46407
130th General Assembly.	46408

(B)(1) Notwithstanding division (A) of section 3317.16 of the	46409
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	46410
130th General Assembly, in fiscal year 2014, no joint vocational	46411
school district shall be allocated state core foundation funding,	46412
as computed under division (A) of section 3317.16 of the Revised	46413
Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th	46414
General Assembly, that is greater than 1.0625 times the district's	46415
transitional aid guarantee base.	46416

(2) Notwithstanding division (A) of section 3317.16 of the	46417
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	46418
130th General Assembly, in fiscal year 2015, no joint vocational	46419
school district shall be allocated state core foundation funding,	46420
under division (A) of section 3317.16 of the Revised Code, as	46421
re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	46422
Assembly, that is greater than 1.105 times the district's fiscal	46423
year 2014 base, which is the amount computed for state core	46424
foundation funding for the district for fiscal year 2014 under	46425
division (A) of section 3317.16 of the Revised Code, as re-enacted	46426
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, plus	46427
any amount calculated for temporary transitional aid for fiscal	46428
year 2014 under division (A) of this section and after any	46429
reductions made for fiscal year 2014 under division (B)(1) of this	46430
section. The Department shall establish, as necessary, the fiscal	46431
year 2014 base of any joint vocational school district that begins	46432
receiving payments under section 3317.16 of the Revised Code for	46433
fiscal year 2015, but does not receive such payments for fiscal	46434
year 2014. The Department shall establish any such joint	46435
vocational school district's fiscal year 2014 base as an amount	46436
equal to the absolute value of the sum of the associated	46437
adjustments of any local school district's fiscal year 2014 base	46438
under division (B)(2) of Section 263.240 of Am. Sub. H.B. 59 of	46439
the 130th General Assembly.	46440

(3) The Department shall reduce a district's payments under	46441
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised	46442
Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th	46443
General Assembly, proportionately as necessary in order to comply	46444
with this division. If those amounts are insufficient, the	46445
Department shall proportionately reduce a district's payments	46446
under divisions (A)(2), (5), and (6) of section 3317.16 of the	46447
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	46448
130th General Assembly.	46449

Sec. 263.270. TEACHER CERTIFICATION AND LICENSURE

46450

The foregoing appropriation item 200681, Teacher	46451
Certification and Licensure, shall be used by the Department of	46452
Education in each year of the biennium to administer and support	46453
teacher certification and licensure activities.	46454

SCHOOL DISTRICT SOLVENCY ASSISTANCE

46455

(A) Of the foregoing appropriation item 200687, School	46456
District Solvency Assistance, $20,000,000 in each fiscal year	46457
shall be allocated to the School District Shared Resource Account	46458
and $5,000,000 in each fiscal year shall be allocated to the	46459
Catastrophic Expenditures Account. These funds shall be used to	46460
provide assistance and grants to school districts to enable them	46461
to remain solvent under section 3316.20 of the Revised Code.	46462
Assistance and grants shall be subject to approval by the	46463
Controlling Board. Except as provided under division (C) of this	46464
section, any required reimbursements from school districts for	46465
solvency assistance shall be made to the appropriate account in	46466
the School District Solvency Assistance Fund (Fund 5H30).	46467

(B) Notwithstanding any provision of law to the contrary,	46468
upon the request of the Superintendent of Public Instruction, the	46469
Director of Budget and Management may make transfers to the School	46470
District Solvency Assistance Fund (Fund 5H30) from any fund used	46471
by the Department of Education or the General Revenue Fund to	46472
maintain sufficient cash balances in Fund 5H30 in fiscal years	46473
2014 and 2015. Any cash transferred is hereby appropriated. The	46474
transferred cash may be used by the Department of Education to	46475
provide assistance and grants to school districts to enable them	46476
to remain solvent and to pay unforeseeable expenses of a temporary	46477
or emergency nature that the school district is unable to pay from	46478
existing resources. The Director of Budget and Management shall	46479
notify the members of the Controlling Board of any such transfers.	46480

(C) If the cash balance of the School District Solvency	46481
Assistance Fund (Fund 5H30) is insufficient to pay solvency	46482
assistance in fiscal years 2014 and 2015, at the request of the	46483
Superintendent of Public Instruction, and with the approval of the	46484
Controlling Board, the Director of Budget and Management may	46485
transfer cash from the Lottery Profits Education Reserve Fund	46486
(Fund 7018) to Fund 5H30 to provide assistance and grants to	46487
school districts to enable them to remain solvent and to pay	46488
unforeseeable expenses of a temporary nature that they are unable	46489
to pay from existing resources under section 3316.20 of the	46490
Revised Code. Such transfers are hereby appropriated to	46491
appropriation item 200670, School District Solvency Assistance –	46492
Lottery. Any required reimbursements from school districts for	46493
solvency assistance granted from appropriation item 200670, School	46494
District Solvency Assistance – Lottery, shall be made to Fund	46495
7018.	46496

CAREER ADVISING AND MENTORING PROGRAM

46497

The foregoing appropriation item 200629, Career Advising and	46498
Mentoring, shall be used by the State Superintendent of Public	46499
Instruction to create the Career Advising and Mentoring Grant	46500
Program. The Superintendent shall develop guidelines for the	46501
grants. The program shall award competitive matching grants to	46502
provide funding for local networks of volunteers and organizations	46503
to sponsor career advising and mentoring for students in eligible	46504
school districts. Each grant award shall match up to three times	46505
the funds allocated to the project by the local network. Eligible	46506
school districts are those with a high percentage of students in	46507
poverty, a high number of students not graduating on time, and	46508
other criteria as determined by the State Superintendent. Eligible	46509
school districts shall partner with members of the business	46510
community, civic organizations, or the faith-based community to	46511
provide sustainable career advising and mentoring services.	46512

ADULT CAREER OPPORTUNITY PILOT PROGRAM

46513

The foregoing appropriation item 200654, Adult Career	46514
Opportunity Pilot Program, shall be used by the Superintendent of	46515
Public Instruction to award and administer planning grants for the	46516
Adult Career Opportunity Pilot Program established in section	46517
3313.902 of the Revised Code. The Superintendent may award grants	46518
of up to $500,000 to not more than five eligible institutions. The	46519
grants shall be used by selected eligible institutions to build	46520
capacity to implement the program beginning in the 2015-2016	46521
academic year.	46522

The Superintendent of Public Instruction and the Chancellor,	46523
or their designees, shall develop an application process to award	46524
these grants to eligible institutions geographically dispersed	46525
across the state. Any remaining appropriation after providing	46526
grants to eligible institutions may be used to provide technical	46527
assistance to eligible institutions receiving the grant.	46528

The Superintendent, in consultation with the Chancellor, the	46529
Governor's Office of Workforce Transformation, the Ohio	46530
Association of Community Colleges, Ohio Technical Centers, Adult	46531
Basic and Literacy Education programs, and other interested	46532
parties as deemed necessary, or their designees, shall develop	46533
recommendations for the method of funding and other associated	46534
requirements for the Adult Career Opportunity Pilot Program. The	46535
Superintendent shall provide a report of the recommendations to	46536
the Governor, the President of the Senate, and the Speaker of the	46537
House of Representatives by December 31, 2014.	46538

As used in this section, "eligible institution" has the same	46539
meaning as in section 3313.902 of the Revised Code.	46540

Sec. 263.325. (A) The Straight A Program is hereby created	46541
for fiscal years 2014 and 2015 to provide grants to city, local,	46542
exempted village, and joint vocational school districts,	46543
educational service centers, community schools established under	46544
Chapter 3314., STEM schools established under Chapter 3326.,	46545
college-preparatory boarding schools established under Chapter	46546
3328. of the Revised Code, individual school buildings, education	46547
consortia (which may represent a partnership among school	46548
districts, school buildings, community schools, or STEM schools),	46549
institutions of higher education, and private entities partnering	46550
with one or more of the educational entities identified in this	46551
division for projects that aim to achieve significant advancement	46552
in one or more of the following goals:	46553

(1) Student achievement;

46554

(2) Spending reduction in the five-year fiscal forecast	46555
required under section 5705.391 of the Revised Code;	46556

(3) Utilization of a greater share of resources in the	46557
classroom.	46558

(B)(1) Grants shall be awarded by a nine-member governing	46559
board consisting of the Superintendent of Public Instruction, or	46560
the Superintendent's designee, four members appointed by the	46561
Governor, two members appointed by the Speaker of the House of	46562
Representatives, and two members appointed by the President of the	46563
Senate. The Department of Education shall provide administrative	46564
support to the board. No member shall be compensated for the	46565
member's service on the board.	46566

(2) The board shall select grant advisors with fiscal	46567
expertise and education expertise. These advisors shall evaluate	46568
proposals from grant applicants and advise the staff administering	46569
the program. No advisor shall be compensated for this service.	46570

(3) The board shall issue an annual report to the Governor,	46571
the Speaker of the House of Representatives, the President of the	46572
Senate, and the chairpersons of the House and Senate committees	46573
that primarily deal with education regarding the types of grants	46574
awarded, the grant recipients, and the effectiveness of the grant	46575
program.	46576

(4) The board shall create a grant application and publish on	46577
the Department's web site the application and timeline for the	46578
submission, review, notification, and awarding of grant proposals.	46579

(5) With the approval of the board, the Department shall	46580
establish a system for evaluating and scoring the grant	46581
applications received under this section.	46582

(C) Each grant applicant shall submit a proposal that	46583
includes all of the following:	46584

(1) A description of the project for which the applicant is	46585
seeking a grant, including a description of how the project will	46586
have substantial value and lasting impact;	46587

(2) An explanation of how the project will be	46588
self-sustaining. If the project will result in increased ongoing	46589
spending, the applicant shall show how the spending will be offset	46590
by verifiable, credible, permanent spending reductions.	46591

(3) A description of quantifiable results of the project that	46592
can be benchmarked.	46593

If an education consortia described in division (A) of this	46594
section applies for a grant, the lead applicant shall be the	46595
school district, school building, community school, or STEM school	46596
that is a member of the consortia and shall so indicate on the	46597
grant application.	46598

(D)(1) Within seventy-five days after receiving a grant	46599
application, the board shall issue a decision on the application	46600
of "yes," "no," "hold," or "edit." In making its decision, the	46601
board shall consider whether the project has the capability of	46602
being replicated in other school districts and schools or creates	46603
something that can be used in other districts and schools. A grant	46604
awarded under this section to a school district, educational	46605
service center, community school, STEM school, college-preparatory	46606
boarding school, individual school building, institution of higher	46607
education, or private entity partnering with one or more of the	46608
educational entities identified in division (A) of this section	46609
shall not exceed $5,000,000 in each fiscal year. A grant awarded	46610
to an education consortia shall not exceed $15,000,000 in each	46611
fiscal year. The Superintendent of Public Instruction may make	46612
recommendations to the Controlling Board that these maximum	46613
amounts be exceeded. Upon Controlling Board approval, grants may	46614
be awarded in excess of these amounts.	46615

(2) If the board issues a "hold" or "edit" decision for an	46616
application, it shall, upon returning the application to the	46617
applicant, specify the process for reconsideration of the	46618
application. An applicant may work with the grant advisors and	46619
staff to modify or improve a grant application.	46620

(E) Upon deciding to award a grant to an applicant, the board	46621
shall enter into a grant agreement with the applicant that	46622
includes all of the following:	46623

(1) The content of the applicant's proposal as outlined under	46624
division (C) of this section;	46625

(2) The project's deliverables and a timetable for their	46626
completion;	46627

(3) Conditions for receiving grant funding;

46628

(4) Conditions for receiving funding in future years if the	46629
contract is a multi-year contract;	46630

(5) A provision specifying that funding will be returned to	46631
the board if the applicant fails to implement the agreement, as	46632
determined by the Auditor of State.	46633

(6) A provision specifying that the agreement may be amended	46634
by mutual agreement between the board and the applicant.	46635

(F) An advisory committee for the Straight A Program is	46636
hereby established. The committee shall consist of not more than	46637
eleven members appointed by the Governor that represent all areas	46638
of the state and different interests. The committee shall annually	46639
review the Straight A Program and provide strategic advice to the	46640
governing board and the Director of the Governor's Office of 21st	46641
Century Education.	46642

(G) Each grant awarded under this section shall be subject to	46643
approval by the Controlling Board prior to execution of the grant	46644
agreement.	46645

(H) Notwithstanding Section 503.50 of Am. Sub. H.B. 59 of the	46646
130th General Assembly, encumbrances made for grants awarded under	46647
this section may be used for expenses incurred outside of the	46648
fiscal year in which the grant is awarded and remain open for	46649
twelve months after the close of the fiscal year.	46650

Sec. 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY

46651

General Revenue Fund	46652

GRF	715502		Auto Emissions e-Check Program		$	10,923,093		$	10,923,093		46653
TOTAL GRF General Revenue Fund					$	10,923,093		$	10,923,093		46654

General Services Fund Group	46655

1990	715602	Laboratory Services	$	252,153	$	326,029	46656
2190	715604	Central Support Indirect	$	10,255,680	$	10,255,680	46657
4A10	715640	Operating Expenses	$	2,600,000	$	2,602,000	46658
4D50	715618	Recycled State Materials	$	50,000	$	50,000	46659
TOTAL GSF General Services							46660
Fund Group			$	13,157,833	$	13,233,709	46661

Federal Special Revenue Fund Group	46662

3530	715612	Public Water Supply	$	2,562,578	$	2,474,605	46663
3540	715614	Hazardous Waste Management - Federal	$	4,088,383	$	4,088,383	46664
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	46665
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	46666
3BU0	715684	Water Quality Protection	$	16,205,000	$	15,280,000	46667
3CS0	715688	Federal NRD Settlements	$	200,000	$	200,000	46668
3F20	715630	Revolving Loan Fund - Operating	$	832,543	$	1,114,543	46669
3F30	715632	Federally Supported Cleanup and Response	$	3,012,021	$	3,012,991	46670
3FH0	715693	Diesel Emission Reduction Grants	$	10,000,000	$	~~10,000,000~~ 2,500,000	46671
3T30	715669	Drinking Water State Revolving Fund	$	2,609,198	$	2,824,076	46672
3V70	715606	Agencywide Grants	$	600,000	$	600,000	46673
TOTAL FED Federal Special Revenue							46674
Fund Group			$	46,531,800	$	~~46,016,675~~ 38,516,675	46675

State Special Revenue Fund Group	46676

4J00	715638	Underground Injection Control	$	389,126	$	402,697	46677
4K20	715648	Clean Air - Non Title V	$	3,165,400	$	3,237,450	46678
4K30	715649	Solid Waste	$	15,685,342	$	16,330,873	46679
4K40	715650	Surface Water Protection	$	6,993,800	$	7,688,800	46680
4K40	715686	Environmental Laboratory Services	$	2,096,007	$	2,096,007	46681
4K50	715651	Drinking Water Protection	$	6,316,772	$	6,476,011	46682
4P50	715654	Cozart Landfill	$	100,000	$	100,000	46683
4R50	715656	Scrap Tire Management	$	1,059,378	$	1,070,532	46684
4R90	715658	Voluntary Action Program	$	916,690	$	945,195	46685
4T30	715659	Clean Air - Title V Permit Program	$	14,528,885	$	15,080,366	46686
4U70	715660	Construction and Demolition Debris	$	335,000	$	335,000	46687
5000	715608	Immediate Removal Special Account	$	660,033	$	660,293	46688
5030	715621	Hazardous Waste Facility Management	$	7,615,403	$	8,224,041	46689
5050	715623	Hazardous Waste Cleanup	$	14,528,609	$	14,933,345	46690
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	46691
5320	715646	Recycling and Litter Control	$	4,514,500	$	4,535,500	46692
5410	715670	Site Specific Cleanup	$	1,548,101	$	1,548,101	46693
5420	715671	Risk Management Reporting	$	208,936	$	214,826	46694
5860	715637	Scrap Tire Market Development	$	1,497,645	$	1,497,645	46695
5BC0	715617	Clean Ohio	$	611,455	$	611,455	46696
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	46697
5BC0	715624	Surface Water	$	9,614,974	$	9,614,974	46698
5BC0	715672	Air Pollution Control	$	5,684,758	$	5,684,758	46699
5BC0	715673	Drinking and Ground Water	$	4,863,521	$	4,863,521	46700
5BC0	715676	Assistance and Prevention	$	695,069	$	695,069	46701
5BC0	715677	Laboratory	$	1,358,586	$	1,558,586	46702
5BC0	715678	Corrective Actions	$	705,423	$	705,423	46703
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	46704
5BC0	715692	Administration	$	10,582,627	$	10,582,627	46705
5BC0	715694	Environmental Resource Coordination	$	170,000	$	170,000	46706
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	46707
5CD0	715682	Clean Diesel School Buses	$	475,000	$	475,000	46708
5H40	715664	Groundwater Support	$	128,212	$	223,212	46709
5Y30	715685	Surface Water Improvement	$	1,800,000	$	1,800,000	46710
6440	715631	Emergency Response Radiological Safety	$	284,266	$	290,674	46711
6600	715629	Infectious Waste Management	$	88,764	$	88,764	46712
6760	715642	Water Pollution Control Loan Administration	$	3,921,605	$	3,921,605	46713
6780	715635	Air Toxic Release	$	133,636	$	133,636	46714
6790	715636	Emergency Planning	$	2,623,252	$	2,623,252	46715
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,125,000	46716
6990	715644	Water Pollution Control Administration	$	345,000	$	345,000	46717
6A10	715645	Environmental Education	$	1,350,000	$	1,350,000	46718
TOTAL SSR State Special Revenue Fund Group			$	131,755,659	$	135,299,122	46719

Clean Ohio Conservation Fund Group	46720

5S10	715607	Clean Ohio - Operating	$	284,124	$	284,124	46721
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,124	$	284,124	46722
TOTAL ALL BUDGET FUND GROUPS			$	202,652,509	$	~~205,756,723~~ 198,256,723	46723

AREAWIDE PLANNING AGENCIES

46724

The Director of Environmental Protection Agency may award	46725
grants from appropriation item 715687, Areawide Planning Agencies,	46726
to areawide planning agencies engaged in areawide water quality	46727
management and planning activities in accordance with Section 208	46728
of the "Federal Clean Water Act," 33 U.S.C. 1288.	46729

CASH TRANSFERS

46730

On July 1, 2013, or as soon as possible thereafter, the	46731
Director of Budget and Management may transfer up to $11,400,000	46732
cash from the Hazardous Waste Management Fund (Fund 5030) to the	46733
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and	46734
corrective action programs that were transferred to the Division	46735
of Environmental Response and Revitalization.	46736

On July 1, 2013, or as soon as possible thereafter, the	46737
Director of Environmental Protection shall certify to the Director	46738
of Budget and Management the cash balance in the Dredge and Fill	46739
Fund (Fund 5N20). The Director of Budget and Management shall	46740
transfer the certified amount from Fund 5N20 to the Surface Water	46741
Protection Fund (Fund 4K40). Any existing encumbrances against	46742
appropriation item 715613, Dredge and Fill, shall be canceled and	46743
reestablished against appropriation item 715650, Surface Water	46744
Protection. The reestablished encumbrance amounts are hereby	46745
appropriated and Fund 5N20 is abolished.	46746

Sec. 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION

46747

General Revenue Fund	46748

GRF	230401	Lease Rental Payments - Cultural Facilities	$	33,106,400	$	29,854,500	46749
GRF	230458	State Construction Management Services	$	2,495,751	$	2,245,751	46750
GRF	230908	Common Schools General Obligation Debt Service	$	~~351,806,100~~ 332,506,100	$	~~377,364,700~~ 358,364,700	46751
TOTAL GRF General Revenue Fund			$	~~387,408,251~~ 368,108,251	$	~~409,464,951~~ 390,464,951	46752

General Services Fund Group	46753

1310	230639		State Construction Management Operations		$	9,463,342		$	9,463,342		46754
TOTAL GSF General Services Fund Group					$	9,463,342		$	9,463,342		46755

State Special Revenue Fund Group	46756

4T80	230603	Community Project Administration	$	200,000	$	200,000	46757
5E30	230644	Operating Expenses	$	8,550,000	$	8,550,000	46758
TOTAL SSR State Special Revenue							46759
Fund Group			$	8,750,000	$	8,750,000	46760
TOTAL ALL BUDGET FUND GROUPS			$	~~405,621,593~~ 386,321,593	$	~~427,678,293~~ 408,678,293	46761

Sec. 282.30. COMMUNITY PROJECT ADMINISTRATION

46763

The foregoing appropriation item 230603, Community Project	46764
Administration, shall be used by the Ohio Facilities Construction	46765
Commission in administering Cultural and Sports Facilities	46766
Building Fund (Fund 7030) projects pursuant to section 123.201 of	46767
the Revised Code.	46768

TRANSFERS TO CULTURAL FACILITIES ADMINISTRATION FUND

46769

By the tenth day following each calendar quarter in each	46770
fiscal year, or as soon as possible thereafter, the Director of	46771
Budget and Management shall determine the amount of cash, if any,	46772
to be transferred from the Cultural and Sports Facilities Building	46773
Fund (Fund 7030) to the Cultural Facilities Administration Fund	46774
(Fund 4T80).	46775

As soon as possible after each bond issuance made on behalf	46776
of the Facilities Construction Commission, the Director of Budget	46777
and Management shall determine the amount of cash, if any, from	46778
the bond proceeds to be transferred, after all issuance costs have	46779
been paid, from Fund 7030 to Fund 4T80.	46780

Sec. 285.10. DOH DEPARTMENT OF HEALTH

46781

General Revenue Fund	46782

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	46783
GRF	440413	Local Health Departments	$	823,061	$	823,061	46784
GRF	440416	Mothers and Children Safety Net Services	$	4,428,015	$	4,428,015	46785
GRF	440418	Immunizations	$	8,825,829	$	8,825,829	46786
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	46787
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	46788
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	46789
GRF	440451	Public Health Laboratory	$	3,655,449	$	3,655,449	46790
GRF	440452	Child and Family Health Services Match	$	630,444	$	630,444	46791
GRF	440453	Health Care Quality Assurance	$	4,874,361	$	4,874,361	46792
GRF	440454	Environmental Health	$	1,194,634	$	1,194,634	46793
GRF	440459	Help Me Grow	$	33,673,987	$	33,673,987	46794
GRF	440465	Federally Qualified Health Centers	$	2,686,688	$	~~2,686,688~~ 1,186,688	46795
GRF	440467	Access to Dental Care	$	540,484	$	540,484	46796
GRF	440468	Chronic Disease and Injury Prevention	$	2,447,251	$	2,447,251	46797
GRF	440472	Alcohol Testing	$	1,100,000	$	1,100,000	46798
GRF	440473	Tobacco Prevention and Cessation	$	1,050,000	$	1,050,000	46799
GRF	440474	Infant Vitality	$	3,116,688	$	3,116,688	46800
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	46801
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	46802
GRF	440516	Enhanced Primary Care Capacity	$	0	$	1,500,000	46803
GRF	654453	Medicaid - Health Care Quality Assurance	$	3,300,000	$	3,300,000	46804
TOTAL GRF General Revenue Fund			$	88,607,614	$	88,607,614	46805

State Highway Safety Fund Group	46806

4T40	440603	Child Highway Safety	$	233,894	$	233,894	46807
TOTAL HSF State Highway Safety							46808
Fund Group			$	233,894	$	233,894	46809

General Services Fund Group	46810

1420	440646	Agency Health Services	$	820,998	$	820,998	46811
2110	440613	Central Support Indirect Costs	$	30,615,591	$	~~31,052,469~~ 30,052,469	46812
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	46813
6980	440634	Nurse Aide Training	$	99,265	$	99,265	46814
TOTAL GSF General Services							46815
Fund Group			$	36,535,854	$	~~36,972,732~~ 35,972,732	46816

Federal Special Revenue Fund Group	46817

3200	440601	Maternal Child Health Block Grant	$	23,889,057	$	23,889,057	46818
3870	440602	Preventive Health Block Grant	$	6,000,000	$	6,000,000	46819
3890	440604	Women, Infants, and Children	$	250,000,000	$	250,000,000	46820
3910	440606	Medicare Survey and Certification	$	19,449,282	$	19,961,405	46821
3920	440618	Federal Public Health Programs	$	134,546,304	$	135,140,586	46822
3GD0	654601	Medicaid Program Support	$	21,126,014	$	22,392,094	46823
TOTAL FED Federal Special Revenue							46824
Fund Group			$	455,010,657	$	457,383,142	46825

State Special Revenue Fund Group	46826

4700	440647	Fee Supported Programs	$	25,305,250	$	25,613,586	46827
4710	440619	Certificate of Need	$	878,433	$	878,433	46828
4770	440627	Medically Handicapped Children Audit	$	3,692,703	$	3,692,703	46829
4D60	440608	Genetics Services	$	3,311,039	$	3,311,039	46830
4F90	440610	Sickle Cell Disease Control	$	1,032,824	$	1,032,824	46831
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	46832
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	46833
4L30	440609	HIV Care and Miscellaneous Expenses	$	8,333,164	$	8,333,164	46834
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	46835
4V60	440641	Save Our Sight	$	2,255,789	$	2,255,789	46836
5B50	440616	Quality, Monitoring, and Inspection	$	878,997	$	878,997	46837
5CN0	440645	Choose Life	$	75,000	$	75,000	46838
5D60	440620	Second Chance Trust	$	1,151,902	$	1,151,902	46839
5ED0	440651	Smoke Free Indoor Air	$	250,000	$	250,000	46840
5G40	440639	Adoption Services	$	20,000	$	20,000	46841
5PE0	440659	Breast and Cervical Cancer Services	$	0	$	100,000	46842
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	46843
6100	440626	Radiation Emergency Response	$	1,049,954	$	1,086,098	46844
6660	440607	Medically Handicapped Children - County Assessments	$	19,739,617	$	19,739,617	46845
TOTAL SSR State Special Revenue							46846
Fund Group			$	68,601,542	$	~~68,946,022~~ 69,046,022	46847

Holding Account Redistribution Fund Group	46848

R014	440631	Vital Statistics	$	44,986	$	44,986	46849
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	46850
TOTAL 090 Holding Account							46851
Redistribution Fund Group			$	64,986	$	64,986	46852

Tobacco Master Settlement Agreement Fund Group	46853

5BX0	440656	Tobacco Use Prevention	$	1,450,000	$	~~1,450,000~~ 6,350,000	46854
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,450,000	$	~~1,450,000~~ 6,350,000	46855
TOTAL ALL BUDGET FUND GROUPS			$	650,504,547	$	~~653,658,390~~ 657,658,390	46856

Sec. 285.20. MOTHERS AND CHILDREN SAFETY NET SERVICES

46858

Of the foregoing appropriation item 440416, Mothers and	46859
Children Safety Net Services, $200,000 in each fiscal year shall	46860
be used to assist families with hearing impaired children under	46861
twenty-one years of age in purchasing hearing aids. The Director	46862
of Health shall adopt rules governing the distribution of these	46863
funds, including rules that do both of the following: (1)	46864
establish eligibility criteria to include families with incomes at	46865
or below four hundred per cent of the federal poverty guidelines	46866
as defined in section 5101.46 of the Revised Code, and (2) develop	46867
a sliding scale of disbursements under this section based on	46868
family income. The Director may adopt other rules as necessary to	46869
implement this section. Rules adopted under this section shall be	46870
adopted in accordance with Chapter 119. of the Revised Code.	46871

The Department shall disburse all of the funds appropriated	46872
under this section.	46873

HIV/AIDS PREVENTION/TREATMENT

46874

The foregoing appropriation item 440444, AIDS Prevention and	46875
Treatment, shall be used to assist persons with HIV/AIDS in	46876
acquiring HIV-related medications and to administer educational	46877
prevention initiatives.	46878

PUBLIC HEALTH LABORATORY

46879

A portion of the foregoing appropriation item 440451, Public	46880
Health Laboratory, shall be used for coordination and management	46881
of prevention program operations and the purchase of drugs for	46882
sexually transmitted diseases.	46883

HELP ME GROW

46884

The foregoing appropriation item 440459, Help Me Grow, shall	46885
be used by the Department of Health to implement the Help Me Grow	46886
Program. Funds shall be distributed to counties through	46887
agreements, contracts, grants, or subsidies in accordance with	46888
section 3701.61 of the Revised Code. Appropriation item 440459,	46889
Help Me Grow, may be used in conjunction with other early	46890
childhood funds and services to promote the optimal development of	46891
young children and family-centered programs and services that	46892
acknowledge and support the social, emotional, cognitive,	46893
intellectual, and physical development of children and the vital	46894
role of families in ensuring the well-being and success of	46895
children. The Department of Health shall enter into interagency	46896
agreements with the Department of Education, Department of	46897
Developmental Disabilities, Department of Job and Family Services,	46898
and Department of Mental Health and Addiction Services to ensure	46899
that all early childhood programs and initiatives are coordinated	46900
and school linked.	46901

The foregoing appropriation item 440459, Help Me Grow, may	46902
also be used for the Developmental Autism and Screening Program.	46903

INFANT VITALITY

46904

The foregoing appropriation item 440474, Infant Vitality,	46905
shall be used to fund the following projects, which are hereby	46906
created:	46907

(A) The Infant Safe Sleep Campaign to educate parents and	46908
caregivers with a uniform message regarding safe sleep	46909
environments;	46910

(B) The Progesterone Prematurity Prevention Project to enable	46911
prenatal care providers to identify, screen, treat, and track	46912
outcomes for women eligible for progesterone supplementation; and	46913

(C) The Prenatal Smoking Cessation Project to enable prenatal	46914
care providers who work with women of reproductive age, including	46915
pregnant women, to have the tools, training, and technical	46916
assistance needed to treat smokers effectively.	46917

TARGETED HEALTH CARE SERVICES OVER 21

46918

The foregoing appropriation item 440507, Targeted Health Care	46919
Services Over 21, shall be used to administer the Cystic Fibrosis	46920
Program and to implement the Hemophilia Insurance Premium Payment	46921
Program.	46922

The foregoing appropriation item 440507, Targeted Health Care	46923
Services Over 21, shall also be used to provide essential	46924
medications and to pay the copayments for drugs approved by the	46925
Department of Health and covered by Medicare Part D that are	46926
dispensed to Bureau for Children with Medical Handicaps (BCMH)	46927
participants for the Cystic Fibrosis Program.	46928

The Department shall expend all of these funds.

46929

CASH TRANSFERS TO THE MEDICAID FUND

46930

On July 1, 2013, or as soon as possible thereafter, the	46931
Director of Health shall certify to the Director of Budget and	46932
Management the cash balance relating to Medicaid restructuring in	46933
the following funds, all used by the Department of Health: the	46934
General Operations Fund (Fund 4700); the General Operations Fund	46935
(Fund 1420); the General Operations Fund (Fund 3920); and the	46936
Medicaid/Medicare Fund (Fund 3910). Upon receiving this	46937
certification, the Director of Budget and Management may transfer	46938
the amount certified to the Medicaid Fund (Fund 3GD0), used by the	46939
Department of Health. If this transfer occurs, the Director of	46940
Budget and Management shall cancel any existing encumbrances	46941
pertaining to Medicaid in appropriation items 440647, Fee	46942
Supported Programs, 440646, Agency Health Services, 440618,	46943
Federal Public Health Programs, and 440606, Medicare Survey and	46944
Certification, and reestablish them against appropriation item	46945
654601, Medicaid Program Support. The reestablished encumbrance	46946
amounts are hereby appropriated.	46947

GENETICS SERVICES

46948

The foregoing appropriation item 440608, Genetics Services	46949
(Fund 4D60), shall be used by the Department of Health to	46950
administer programs authorized by sections 3701.501 and 3701.502	46951
of the Revised Code. None of these funds shall be used to counsel	46952
or refer for abortion, except in the case of a medical emergency.	46953

MEDICALLY HANDICAPPED CHILDREN AUDIT

46954

The Medically Handicapped Children Audit Fund (Fund 4770)	46955
shall receive revenue from audits of hospitals and recoveries from	46956
third-party payers. Moneys may be expended for payment of audit	46957
settlements and for costs directly related to obtaining recoveries	46958
from third-party payers and for encouraging Medically Handicapped	46959
Children's Program recipients to apply for third-party benefits.	46960
Moneys also may be expended for payments for diagnostic and	46961
treatment services on behalf of medically handicapped children, as	46962
defined in division (A) of section 3701.022 of the Revised Code,	46963
and Ohio residents who are twenty-one or more years of age and who	46964
are suffering from cystic fibrosis or hemophilia. Moneys may also	46965
be expended for administrative expenses incurred in operating the	46966
Medically Handicapped Children's Program.	46967

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

46968

The foregoing appropriation item 440607, Medically	46969
Handicapped Children - County Assessments (Fund 6660), shall be	46970
used to make payments under division (E) of section 3701.023 of	46971
the Revised Code.	46972

CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO	46973
THE TOBACCO USE PREVENTION FUND	46974

On July 1, 2013, or as soon as possible thereafter, the	46975
Director of Budget and Management shall transfer $2,439,230 cash	46976
from the Public Health Priorities Trust Fund (Fund L087) to the	46977
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating	46978
needs of the Department of Health's tobacco enforcement and	46979
cessation efforts.	46980

CASH TRANSFER FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS	46981
FUND TO THE TOBACCO USE PREVENTION FUND	46982

Notwithstanding Section 512.20 of Am. Sub. H.B. 487 of the	46983
129th General Assembly, on July 1, 2014, or as soon as possible	46984
thereafter, the Director of Budget and Management may transfer	46985
cash determined to be in excess of the tobacco enforcement needs	46986
of the Attorney General from the Pre-Securitization Tobacco	46987
Payments Fund (Fund 5LS0) to the Tobacco Use Prevention Fund (Fund	46988
5BX0).	46989

Sec. 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

46990

General Revenue Fund	46991

GRF	600321	Program Support	$	31,320,964	$	31,109,751	46992
GRF	600410	TANF State/Maintenance of Effort	$	152,386,934	$	152,386,934	46993
GRF	600413	Child Care State/Maintenance of Effort	$	84,732,730	$	84,732,730	46994
GRF	600416	Information Technology Projects	$	54,223,871	$	54,184,700	46995
GRF	600420	Child Support Programs	$	6,498,667	$	6,591,048	46996
GRF	600421	Family Assistance Programs	$	3,161,930	$	3,161,930	46997
GRF	600423	Families and Children Programs	$	6,384,514	$	6,542,517	46998
GRF	600502	Child Support - Local	$	23,814,103	$	23,814,103	46999
GRF	600511	Disability Financial Assistance	$	22,000,000	$	22,000,000	47000
GRF	600521	Family Assistance - Local	$	41,132,751	$	41,132,751	47001
GRF	600523	Family and Children Services	$	54,255,323	$	54,255,323	47002
GRF	600528	Adoption Services					47003
		State	$	28,623,389	$	28,623,389	47004
		Federal	$	38,202,557	$	38,202,557	47005
		Adoption Services Total	$	66,825,946	$	66,825,946	47006
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	47007
GRF	600534	Adult Protective Services	$	500,000	$	500,000	47008
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	47009
GRF	600540	Food Banks	$	6,000,000	$	6,000,000	47010
GRF	600541	Kinship Permanency Incentive Program	$	3,500,000	$	3,500,000	47011
GRF	655522	Medicaid Program Support - Local	$	38,267,970	$	38,267,970	47012
GRF	655523	Medicaid Program Support - Local Transportation	$	30,680,495	$	30,680,495	47013
TOTAL GRF General Revenue Fund							47014
		State	$	724,580,115	$	724,580,115	47015
		Federal	$	38,202,557	$	38,202,557	47016
		GRF Total	$	762,782,672	$	762,782,672	47017

General Services Fund Group	47018

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	47019
5DM0	600633	Administration & Operating	$	19,660,339	$	19,660,339	47020
5HC0	600695	Unemployment Compensation Interest	$	60,000,000	$	60,000,000	47021
5HL0	600602	State and County Shared Services	$	3,020,000	$	3,020,000	47022
TOTAL GSF General Services							47023
Fund Group			$	124,780,339	$	116,773,328	47024

Federal Special Revenue Fund Group	47025

3270	600606	Child Welfare	$	29,769,866	$	29,769,866	47026
3310	600615	Veterans Programs	$	8,000,000	$	8,000,000	47027
3310	600624	Employment Services Programs	$	26,000,000	$	26,000,000	47028
3310	600686	Workforce Programs	$	6,260,000	$	6,260,000	47029
3840	600610	Food Assistance Programs	$	209,333,246	$	180,381,394	47030
3850	600614	Refugee Services	$	12,564,952	$	12,564,952	47031
3950	600616	Federal Discretionary Grants	$	2,259,264	$	2,259,264	47032
3960	600620	Social Services Block Grant	$	47,000,000	$	47,000,000	47033
3970	600626	Child Support - Federal	$	235,000,000	$	235,000,000	47034
3980	600627	Adoption Program - Federal	$	174,178,779	$	174,178,779	47035
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	47036
3D30	600648	Children's Trust Fund Federal	$	3,477,699	$	3,477,699	47037
3F01	655624	Medicaid Program Support	$	110,680,495	$	110,680,495	47038
3H70	600617	Child Care Federal	$	241,987,805	$	222,212,089	47039
3N00	600628	Foster Care Program - Federal	$	311,968,616	$	311,968,616	47040
3S50	600622	Child Support Projects	$	534,050	$	534,050	47041
3V00	600688	Workforce Investment Act Programs	$	136,000,000	$	136,000,000	47042
3V40	600678	Federal Unemployment Programs	$	182,814,212	$	182,814,212	47043
3V40	600679	UC Review Commission - Federal	$	6,185,788	$	6,185,788	47044
3V60	600689	TANF Block Grant	$	777,957,809	$	790,304,845	47045
TOTAL FED Federal Special Revenue							47046
Fund Group			$	2,526,972,581	$	2,490,592,049	47047

State Special Revenue Fund Group	47048

1980	600647	Children's Trust Fund	$	5,873,848	$	5,873,848	47049
4A90	600607	Unemployment Compensation Administration Fund	$	9,006,000	$	~~9,006,000~~ 12,506,000	47050
4E70	600604	Family and Children Services Collections	$	400,000	$	400,000	47051
4F10	600609	Family and Children Activities	$	683,549	$	683,549	47052
5DB0	600637	Military Injury Relief Subsidies	$	2,000,000	$	2,000,000	47053
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	47054
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	47055
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	2,000,000	47056
5NG0	600660	Victims of Human Trafficking	$	100,000	$	100,000	47057
5U60	600663	Family and Children Support	$	4,000,000	$	4,000,000	47058
TOTAL SSR State Special Revenue							47059
Fund Group			$	25,063,397	$	~~25,063,397~~ 28,563,397	47060

Agency Fund Group	47061

1920	600646	Child Support Intercept - Federal	$	129,250,000	$	129,250,000	47062
5830	600642	Child Support Intercept - State	$	14,000,000	$	14,000,000	47063
5B60	600601	Food Assistance Intercept	$	1,000,000	$	1,000,000	47064
TOTAL AGY Agency Fund Group			$	144,250,000	$	144,250,000	47065

Holding Account Redistribution Fund Group	47066

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	47067
R013	600644	Forgery Collections	$	10,000	$	10,000	47068
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	47069
TOTAL ALL BUDGET FUND GROUPS			$	3,586,058,989	$	~~3,541,671,446~~ 3,545,171,446	47070

Sec. 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	47072
SERVICES	47073

General Revenue Fund	47074

GRF	333321	Central Administration	$	13,495,337	$	13,486,290	47075
GRF	333402	Resident Trainees	$	450,000	$	450,000	47076
GRF	333415	Lease-Rental Payments	$	~~15,843,300~~ 14,743,300	$	16,076,700	47077
GRF	333416	Research Program Evaluation	$	321,998	$	321,998	47078
GRF	334412	Hospital Services	$	190,514,437	$	190,514,437	47079
GRF	334506	Court Costs	$	784,210	$	784,210	47080
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	47081
GRF	335406	Prevention and Wellness	$	868,659	$	868,659	47082
GRF	335421	Continuum of Care Services	$	77,733,742	$	77,633,742	47083
GRF	335422	Criminal Justice Services	$	4,917,898	$	4,917,898	47084
GRF	335504	Community Innovations	$	6,500,000	$	1,500,000	47085
GRF	335506	Residential State Supplement	$	7,502,875	$	7,502,875	47086
GRF	335507	Community Behavioral Health	$	47,500,000	$	47,500,000	47087
GRF	652507	Medicaid Support	$	1,727,553	$	1,736,600	47088
TOTAL GRF General Revenue Fund			$	~~369,546,009~~ 368,446,009	$	364,679,409	47089

General Services Fund Group	47090

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	47091
5T90	333641	Problem Gambling Services - Administration	$	60,000	$	60,000	47092
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	~~28,190,000~~ 30,190,000	47093
1500	334620	Special Education	$	150,000	$	150,000	47094
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	47095
5T90	335641	Problem Gambling Services	$	275,000	$	275,000	47096
1510	336601	Office of Support Services	$	115,000,000	$	~~115,000,000~~ 90,000,000	47097
TOTAL GSF General Services Fund Group			$	145,268,190	$	~~145,268,190~~ 122,268,190	47098

Federal Special Revenue Fund Group	47099

3240	333605	Medicaid/Medicare - Refunds	$	154,500	$	154,500	47100
3A60	333608	Federal Miscellaneous - Administration	$	140,000	$	140,000	47101
3A70	333612	Social Services Block Grant - Administration	$	50,000	$	50,000	47102
3A80	333613	Federal Grants - Administration	$	4,717,000	$	4,717,000	47103
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	47104
3G40	333618	Substance Abuse Block Grant- Administration	$	3,307,789	$	3,307,789	47105
3H80	333606	Demonstration Grants - Administration	$	3,237,574	$	~~3,237,574~~ 6,000,000	47106
3N80	333639	Administrative Reimbursement	$	300,000	$	300,000	47107
3240	334605	Medicaid/Medicare - Hospitals	$	28,200,000	$	28,200,000	47108
3A60	334608	Federal Miscellaneous - Hospitals	$	200,000	$	200,000	47109
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	47110
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	47111
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	47112
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	~~2,500,000~~ 4,500,000	47113
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	47114
3FR0	335638	Race to the Top - Early Learning Challenge Grant	$	1,164,000	$	1,164,000	47115
3G40	335618	Substance Abuse Block Grant	$	62,542,003	$	62,557,967	47116
3H80	335606	Demonstration Grants	$	5,428,006	$	~~5,428,006~~ 11,000,000	47117
3B10	652635	Community Medicaid Legacy Costs	$	5,000,000	$	0 5,000,000	47118
3B10	652636	Community Medicaid Legacy Support	$	7,000,000	$	7,000,000	47119
3J80	652609	Medicaid Legacy Costs Support	$	3,000,000	$	0 3,000,000	47120
TOTAL FED Federal Special Revenue Fund Group			$	152,659,342	$	~~144,675,306~~ 163,009,726	47121

State Special Revenue Fund Group	47122

2320	333621	Family and Children First Administration	$	400,000	$	400,000	47123
4750	333623	Statewide Treatment and Prevention - Administration	$	5,490,667	$	5,490,667	47124
4850	333632	Mental Health Operating - Refunds	$	134,233	$	134,233	47125
5JL0	333629	Problem Gambling and Casino Addictions - Administration	$	1,361,592	$	1,361,592	47126
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	47127
6890	333640	Education and Conferences	$	150,000	$	150,000	47128
4850	334632	Mental Health Operating - Hospitals	$	2,477,500	$	2,477,500	47129
4750	335623	Statewide Treatment and Prevention	$	10,059,333	$	10,059,333	47130
5AU0	335615	Behavioral Health Care	$	6,690,000	$	6,690,000	47131
5JL0	335629	Problem Gambling and Casino Addictions	$	4,084,772		4,084,772	47132
6320	335616	Community Capital Replacement	$	350,000	$	350,000	47133
TOTAL SSR State Special Revenue Fund Group			$	31,298,097	$	31,298,097	47134
TOTAL ALL BUDGET FUND GROUPS			$	~~698,771,638~~ 697,671,638	$	~~685,921,002~~ 681,255,422	47135

Sec. 327.83. COMMUNITY BEHAVIORAL HEALTH

47137

~~Of the foregoing appropriation item 335507, Community~~	47138
~~Behavioral Health, $30,000,000 in each fiscal year shall be~~	47139
~~allocated to community alcohol, drug addiction, and mental health~~	47140
~~services boards to provide mental health services.~~	47141

~~Of the foregoing appropriation item 335507, Community~~	47142
~~Behavioral Health, $17,500,000 in each fiscal year shall be~~	47143
~~allocated to community alcohol, drug addiction, and mental health~~	47144
~~services boards to be used for addiction services including~~	47145
~~medication, treatment programs, and counseling.~~	47146

The foregoing appropriation item 335507, Community Behavioral	47147
Health, shall be used to address gaps identified by the Department	47148
of Mental Health and Addiction Services in the continuum of care	47149
for persons with mental illness or addiction disorders, including	47150
access to crisis services.	47151

Of the foregoing appropriation item 335507, Community	47152
Behavioral Health, up to $6.5 million in fiscal year 2015 shall be	47153
used to expand evidence-based prevention resources statewide.	47154

Of the foregoing appropriation item 335507, Community	47155
Behavioral Health, $7.5 million in fiscal year 2015 shall be used	47156
to fund expansion and improvement of the Residential State	47157
Supplement Program.	47158

Of the foregoing appropriation item 335507, Community	47159
Behavioral Health, up to $2.0 million in fiscal year 2015 shall be	47160
used to support the Department of Mental Health and Addiction	47161
Services' partnership with the Ohio State University Wexner	47162
Medical Center in the implementation of an electronic medical	47163
records system, which shall be operated through a shared services	47164
arrangement.	47165

The remainder of the foregoing appropriation item 335507,	47166
Community Behavioral Health, an amount up to $31.5 million, in	47167
fiscal year 2015 shall be invested in addiction and mental health	47168
recovery supports, with an emphasis on crisis and housing. These	47169
investments shall address gaps in the continuum of care and shall	47170
be identified and implemented in consultation with boards of	47171
mental health and recovery services.	47172

Sec. 333.10. DNR DEPARTMENT OF NATURAL RESOURCES

47173

General Revenue Fund	47174

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	47175
GRF	725413	Lease Rental Payments	$	21,622,900	$	23,943,400	47176
GRF	725456	Canal Lands	$	135,000	$	135,000	47177
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	47178
GRF	725505	Healthy Lake Erie Fund	$	650,000	$	500,000	47179
GRF	725507	Coal and Mine Safety Program	$	2,500,000	$	2,500,000	47180
GRF	725903	Natural Resources General Obligation Debt Service	$	24,325,400	$	~~25,443,000~~ 23,743,000	47181
GRF	727321	Division of Forestry	$	4,392,002	$	4,392,001	47182
GRF	729321	Office of Information Technology	$	177,405	$	177,405	47183
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	47184
GRF	736321	Division of Engineering	$	2,279,115	$	2,324,736	47185
GRF	737321	Division of Soil and Water Resources	$	4,782,704	$	~~4,782,652~~ 4,631,239	47186
GRF	738321	Division of Real Estate and Land Management	$	715,963	$	670,342	47187
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	47188
TOTAL GRF General Revenue Fund			$	97,480,489	$	~~100,768,536~~ 98,917,123	47189

General Services Fund Group	47190

1550	725601	Departmental Projects	$	2,109,968	$	1,839,204	47191
1570	725651	Central Support Indirect	$	4,609,154	$	4,671,566	47192
2040	725687	Information Services	$	5,179,097	$	5,288,168	47193
2050	725696	Human Resource Direct Service	$	2,474,345	$	2,526,662	47194
2070	725690	Real Estate Services	$	50,000	$	50,000	47195
2230	725665	Law Enforcement Administration	$	2,126,432	$	2,126,432	47196
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	47197
4300	725671	Canal Lands	$	883,879	$	883,879	47198
4S90	725622	NatureWorks Personnel	$	404,657	$	412,570	47199
4X80	725662	Water Resources Council	$	138,005	$	138,005	47200
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	47201
5160	725620	Water Management	$	2,559,292	$	2,559,292	47202
6350	725664	Fountain Square Facilities Management	$	3,329,935	$	3,346,259	47203
6970	725670	Submerged Lands	$	852,982	$	869,145	47204
TOTAL GSF General Services							47205
Fund Group			$	25,457,857	$	25,451,293	47206

Federal Special Revenue Fund Group	47207

3320	725669	Federal Mine Safety Grant	$	265,000	$	265,000	47208
3B30	725640	Federal Forest Pass-Thru	$	500,000	$	500,000	47209
3B40	725641	Federal Flood Pass-Thru	$	500,000	$	500,000	47210
3B50	725645	Federal Abandoned Mine Lands	$	11,851,759	$	11,851,759	47211
3B60	725653	Federal Land and Water Conservation Grants	$	950,000	$	950,000	47212
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	47213
3P10	725632	Geological Survey - Federal	$	933,448	$	557,146	47214
3P20	725642	Oil and Gas - Federal	$	234,509	$	234,509	47215
3P30	725650	Coastal Management - Federal	$	2,790,633	$	2,790,633	47216
3P40	725660	Federal - Soil and Water Resources	$	969,190	$	1,006,874	47217
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	4,342,280	$	4,342,280	47218
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	47219
TOTAL FED Federal Special Revenue							47220
Fund Group			$	28,386,819	$	28,048,201	47221

State Special Revenue Fund Group	47222

4J20	725628	Injection Well Review	$	128,466	$	128,466	47223
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	47224
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	47225
5090	725602	State Forest	$	6,873,330	$	6,880,158	47226
5110	725646	Ohio Geological Mapping	$	1,220,690	$	1,993,519	47227
5120	725605	State Parks Operations	$	29,654,880	$	29,671,044	47228
5140	725606	Lake Erie Shoreline	$	1,559,583	$	1,559,583	47229
5180	725643	Oil and Gas ~~Permit Fees~~ Regulation and Safety	$	12,812,311	$	13,140,201	47230
5180	725677	Oil and Gas Well Plugging	$	1,500,000	$	~~1,500,000~~ 2,500,000	47231
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	47232
5220	725656	Natural Areas and Preserves	$	546,639	$	546,639	47233
5260	725610	Strip Mining Administration Fee	$	1,800,000	$	1,800,000	47234
5270	725637	Surface Mining Administration	$	1,941,532	$	1,941,532	47235
5290	725639	Unreclaimed Land Fund	$	1,804,180	$	1,804,180	47236
5310	725648	Reclamation Forfeiture	$	500,000	$	500,000	47237
5B30	725674	Mining Regulation	$	28,135	$	28,135	47238
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	47239
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	47240
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	47241
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	47242
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	47243
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	47244
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	47245
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	47246
5MF0	725635	Ohio Geology License Plate	$	7,500	$	7,500	47247
5MW0	725604	Natural Resources Special Purposes	$	10,163,812	$	6,165,162	47248
6150	725661	Dam Safety	$	943,517	$	943,517	47249
TOTAL SSR State Special Revenue							47250
Fund Group			$	80,129,565	$	~~77,254,626~~ 78,254,626	47251

Clean Ohio Conservation Fund Group	47252

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		47253
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		47254

Wildlife Fund Group	47255

5P20	725634	Wildlife Boater Angler Administration	$	3,000,000	$	3,000,000	47256
7015	740401	Division of Wildlife Conservation	$	56,466,564	$	57,075,976	47257
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	47258
8160	725649	Wetlands Habitat	$	966,885	$	966,885	47259
8170	725655	Wildlife Conservation Checkoff Fund	$	2,000,000	$	2,000,000	47260
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	47261
8190	725685	Ohio River Management	$	203,584	$	203,584	47262
81B0	725688	Wildlife Habitat Fund	$	1,200,000	$	1,200,000	47263
TOTAL WLF Wildlife Fund Group			$	65,457,482	$	66,066,894	47264

Waterways Safety Fund Group	47265

7086	725414	Waterways Improvement	$	5,693,671	$	5,693,671	47266
7086	725418	Buoy Placement	$	52,182	$	52,182	47267
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	47268
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	47269
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	47270
7086	739401	Division of Watercraft	$	19,467,370	$	19,297,370	47271
TOTAL WSF Waterways Safety Fund							47272
Group			$	26,276,019	$	26,106,019	47273

Accrued Leave Liability Fund Group	47274

4M80	725675	FOP Contract	$	20,219	$	20,219	47275
TOTAL ALF Accrued Leave							47276
Liability Fund Group			$	20,219	$	20,219	47277

Holding Account Redistribution Fund Group	47278

R017	725659	Performance Cash Bond Refunds	$	496,263	$	496,263	47279
R043	725624	Forestry	$	2,100,000	$	2,100,000	47280
TOTAL 090 Holding Account							47281
Redistribution Fund Group			$	2,596,263	$	2,596,263	47282
TOTAL ALL BUDGET FUND GROUPS			$	326,105,488	$	~~326,612,826~~ 325,761,413	47283

Sec. 333.80. SOIL AND WATER DISTRICTS

47285

In addition to state payments to soil and water conservation	47286
districts authorized by section 1515.10 of the Revised Code, the	47287
Department of Natural Resources may use appropriation item 725683,	47288
Soil and Water Districts, to pay any soil and water conservation	47289
district an annual amount not to exceed $40,000, upon receipt of a	47290
request and justification from the district and approval by the	47291
Ohio Soil and Water Conservation Commission. The county auditor	47292
shall credit the payments to the special fund established under	47293
section 1515.10 of the Revised Code for the local soil and water	47294
conservation district. Moneys received by each district shall be	47295
expended for the purposes of the district.	47296

OIL AND GAS WELL PLUGGING

47297

The foregoing appropriation item 725677, Oil and Gas Well	47298
Plugging, shall be used exclusively for the purposes of plugging	47299
wells and to properly restore the land surface of idle and orphan	47300
oil and gas wells pursuant to section 1509.071 of the Revised	47301
Code. No funds from the appropriation item shall be used for	47302
salaries, maintenance, equipment, or other administrative	47303
purposes, except for those costs directly attributed to the	47304
plugging of an idle or orphan well. This appropriation item shall	47305
not be used to transfer cash to any other fund or appropriation	47306
item.	47307

TRANSFER OF FUNDS FOR OIL AND GAS DIVISION AND GEOLOGICAL	47308
MAPPING OPERATIONS	47309

During fiscal years 2014 and 2015, the Director of Budget and	47310
Management may, in consultation with the Director of Natural	47311
Resources, transfer such cash as necessary from the General	47312
Revenue Fund to the Oil and Gas Well Fund (Fund 5180) and the	47313
Geological Mapping Fund (Fund 5110). The transfer to Fund 5180	47314
shall be used for handling the increased regulatory work related	47315
to the expansion of the oil and gas program that will occur before	47316
receipts from this activity are deposited into Fund 5180. The	47317
transfer to Fund 5110 shall be used for handling the increased	47318
field and laboratory research efforts related to the expansion of	47319
the oil and gas program that will occur before receipts from this	47320
activity are deposited into Fund 5110. Once funds from severance	47321
taxes, application and permitting fees, and other sources have	47322
accrued to Fund 5180 and Fund 5110 in such amounts as are	47323
considered sufficient to sustain expanded operations, the Director	47324
of Budget and Management, in consultation with the Director of	47325
Natural Resources, shall establish a schedule for repaying the	47326
transferred funds from Fund 5180 and Fund 5110 to the General	47327
Revenue Fund.	47328

NATURAL RESOURCES SPECIAL PURPOSES

47329

Of the foregoing appropriation item 725604, Natural Resources	47330
Special Purposes, up to $2,100,000 in fiscal year 2014 shall be	47331
used for the construction or acquisition of a treatment train	47332
process at an Ohio inland lake, and up to $1,800,000 in fiscal	47333
year 2014 shall be used for the purchase of two sweeper dredges	47334
for use at Ohio inland lakes, and $263,812 in fiscal year 2014 and	47335
$165,162 in fiscal year 2015 shall be used for the operation of	47336
the dredges purchased under this section.	47337

Sec. 340.10. OOD OPPORTUNITIES FOR OHIOANS WITH DISABILITIES	47338
AGENCY	47339

General Revenue Fund	47340

GRF	415402	Independent Living Council	$	252,000	$	252,000	47341
GRF	415406	Assistive Technology	$	26,618	$	26,618	47342
GRF	415431	~~Office for People with~~ Brain Injury	$	126,567	$	126,567	47343
GRF	415506	Services for ~~People~~ Individuals with Disabilities	$	15,277,885	$	15,277,885	47344
GRF	415508	Services for the Deaf	$	28,000	$	28,000	47345
TOTAL GRF General Revenue Fund			$	15,711,070	$	15,711,070	47346

General Services Fund Group	47347

4670	415609	Business Enterprise Operating Expenses	$	962,538	$	965,481	47348
TOTAL GSF General Services							47349
Fund Group			$	962,538	$	965,481	47350

Federal Special Revenue Fund Group	47351

3170	415620	Disability Determination	$	83,332,186	$	84,641,911	47352
3790	415616	Federal - Vocational Rehabilitation	$	117,431,895	$	113,610,728	47353
3L10	415601	Social Security Personal Care Assistance	$	2,748,451	$	2,752,396	47354
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	47355
3L10	415608	Social Security ~~Special Programs/Assistance~~ Vocational Rehabilitation	$	445,258	$	498,269	47356
3L40	415612	Federal Independent Living Centers or Services	$	638,431	$	638,431	47357
3L40	415615	Federal - Supported Employment	$	916,727	$	916,727	47358
3L40	415617	~~Independent Living/~~Vocational Rehabilitation Programs	$	1,548,658	$	1,348,658	47359
TOTAL FED Federal Special							47360
Revenue Fund Group			$	207,833,606	$	205,179,120	47361

State Special Revenue Fund Group	47362

4680	415618	Third Party Funding	$	11,000,000	$	11,000,000	47363
4L10	415619	Services for Rehabilitation	$	3,502,168	$	3,502,168	47364
4W50	415606	Program Management ~~Expenses~~	$	12,369,751	$	12,594,758	47365
TOTAL SSR State Special							47366
Revenue Fund Group			$	26,871,919	$	27,096,926	47367
TOTAL ALL BUDGET FUND GROUPS			$	251,379,133	$	248,952,597	47368

INDEPENDENT LIVING COUNCIL

47369

The foregoing appropriation item 415402, Independent Living	47370
Council, shall be used to fund the operations of the State	47371
Independent Living Council and to support state independent living	47372
centers and independent living services under Title VII of the	47373
Independent Living Services and Centers for Independent Living of	47374
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	47375
U.S.C. 796d.	47376

Of the foregoing appropriation item 415402, Independent	47377
Living Council, $67,662 in each fiscal year shall be used as state	47378
matching funds for vocational rehabilitation innovation and	47379
expansion activities.	47380

ASSISTIVE TECHNOLOGY

47381

The total amount of the foregoing appropriation item 415406,	47382
Assistive Technology, shall be provided to Assistive Technology of	47383
Ohio to provide grants and assistive technology services for	47384
people with disabilities in the State of Ohio.	47385

~~OFFICE FOR PEOPLE WITH~~ BRAIN INJURY

47386

The foregoing appropriation item 415431, ~~Office for People~~	47387
~~with~~ Brain Injury, shall be provided to The Ohio State University	47388
College of Medicine to support the Brain Injury Program	47389
established under section 3304.23 of the Revised Code.	47390

VOCATIONAL REHABILITATION SERVICES

47391

The foregoing appropriation item 415506, Services for ~~People~~	47392
Individuals with Disabilities, shall be used as state matching	47393
funds to provide vocational rehabilitation services to eligible	47394
consumers.	47395

SERVICES FOR THE DEAF

47396

The foregoing appropriation item 415508, Services for the	47397
Deaf, shall be used to provide grants to community centers for the	47398
deaf.	47399

~~INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS~~

47400

~~The foregoing appropriation item 415617, Independent~~	47401
~~Living/Vocational Rehabilitation Programs, shall be used to~~	47402
~~support vocational rehabilitation programs.~~	47403

SOCIAL SECURITY REIMBURSEMENT FUNDS

47404

Reimbursement funds received from the Social Security	47405
Administration, United States Department of Health and Human	47406
Services, for the costs of providing services and training to	47407
return disability recipients to gainful employment shall be	47408
expended ~~from the Social Security Reimbursement Fund (Fund 3L10)~~,	47409
to the extent funds are available, as follows:	47410

(A) Appropriation item 415601, Social Security Personal Care	47411
Assistance, to provide personal care services in accordance with	47412
section 3304.41 of the Revised Code;	47413

(B) Appropriation item 415605, Social Security Community	47414
Centers for the Deaf, to provide grants to community centers for	47415
the deaf in Ohio for services to individuals with hearing	47416
impairments; and	47417

(C) Appropriation item 415608, Social Security ~~Special~~	47418
~~Programs/Assistance~~Vocational Rehabilitation, to provide	47419
vocational rehabilitation services to individuals with severe	47420
disabilities who are Social Security beneficiaries, to enable them	47421
to achieve competitive employment. ~~This appropriation item shall~~	47422
~~also be used to pay a portion of indirect costs of the Personal~~	47423
~~Care Assistance Program and the Independent Living Programs as~~	47424
~~mandated by federal OMB Circular A-87.~~	47425

PROGRAM MANAGEMENT ~~EXPENSES~~

47426

The foregoing appropriation item 415606, Program Management	47427
~~Expenses~~, shall be used to support the administrative functions of	47428
the commission related to the provision of vocational	47429
rehabilitation, disability determination services, and ancillary	47430
programs.	47431

Sec. 359.10. PWC PUBLIC WORKS COMMISSION

47432

General Revenue Fund	47433

GRF	150904	Conservation General Obligation Debt Service	$	~~33,376,600~~ 26,676,600	$	34,447,700	47434
GRF	150907	State Capital Improvements General Obligation Debt Service	$	~~227,810,300~~ 210,710,300	$	~~228,948,900~~ 226,948,900	47435
TOTAL GRF General Revenue Fund			$	~~261,186,900~~ 237,386,900	$	~~263,396,600~~ 261,396,600	47436

Clean Ohio Conservation Fund Group	47437

7056	150403		Clean Ohio Operating Expenses		$	288,980		$	288,980		47438
TOTAL 056 Clean Ohio Conservation Fund Group					$	288,980		$	288,980		47439

TOTAL ALL BUDGET FUND GROUPS

~~261,475,880~~ 237,675,880

~~263,685,580~~ 261,685,580

47440

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

47441

The foregoing appropriation item 150904, Conservation General	47442
Obligation Debt Service, shall be used to pay all debt service and	47443
related financing costs during the period from July 1, 2013,	47444
through June 30, 2015, at the times they are required to be made	47445
for obligations issued under sections 151.01 and 151.09 of the	47446
Revised Code.	47447

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

47448

The foregoing appropriation item 150907, State Capital	47449
Improvements General Obligation Debt Service, shall be used to pay	47450
all debt service and related financing costs during the period	47451
from July 1, 2013, through June 30, 2015, at the times they are	47452
required to be made for obligations issued under sections 151.01	47453
and 151.08 of the Revised Code.	47454

CLEAN OHIO OPERATING EXPENSES

47455

The foregoing appropriation item 150403, Clean Ohio Operating	47456
Expenses, shall be used by the Ohio Public Works Commission in	47457
administering Clean Ohio Conservation Fund (Fund 7056) projects	47458
pursuant to sections 164.20 to 164.27 of the Revised Code.	47459

Sec. 363.10. BOR BOARD OF REGENTS

47460

General Revenue Fund	47461

GRF	235321	Operating Expenses	$	2,850,357	$	2,850,357	47462
GRF	235401	Lease Rental Payments	$	5,805,300	$	0	47463
GRF	235402	Sea Grants	$	285,000	$	285,000	47464
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	47465
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	47466
GRF	235409	HEI Information System	$	1,505,683	$	1,505,683	47467
GRF	235414	State Grants and Scholarship Administration	$	830,180	$	830,180	47468
GRF	235417	eStudent Services	$	2,532,688	$	2,532,688	47469
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	47470
GRF	235433	Economic Growth Challenge	$	521,153	$	521,153	47471
GRF	235434	College Readiness and Access	$	1,200,000	$	1,200,000	47472
GRF	235438	Choose Ohio First Scholarship	$	16,665,114	$	16,665,114	47473
GRF	235443	Adult Basic and Literacy Education - State	$	7,427,416	$	7,427,416	47474
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,817,547	$	15,817,547	47475
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	47476
GRF	235480	General Technology Operations	$	500,000	$	500,000	47477
GRF	235483	Technology Integration and Professional Development	$	3,378,598	$	2,703,598	47478
GRF	235501	State Share of Instruction	$	1,789,699,580	$	~~1,818,225,497~~ 1,821,325,497	47479
GRF	235502	Student Support Services	$	632,974	$	632,974	47480
GRF	235504	War Orphans Scholarships	$	5,500,000	$	5,500,000	47481
GRF	235507	OhioLINK	$	6,211,012	$	6,211,012	47482
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	47483
GRF	235510	Ohio Supercomputer Center	$	3,747,418	$	3,747,418	47484
GRF	235511	Cooperative Extension Service	$	23,086,658	$	23,056,658	47485
GRF	235514	Central State Supplement	$	11,063,468	$	11,063,468	47486
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	47487
GRF	235516	Wright State Lake Campus Agricultural Program	$	200,000	$	0	47488
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	47489
GRF	235520	Shawnee State Supplement	$	2,326,097	$	2,326,097	47490
GRF	235523	Youth STEM Commercialization and Entrepreneurship Program	$	2,000,000	$	3,000,000	47491
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	47492
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	47493
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	47494
GRF	235535	Ohio Agricultural Research and Development Center	$	34,126,100	$	34,629,970	47495
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	47496
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	47497
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	47498
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	47499
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	47500
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	47501
GRF	235552	Capital Component	$	13,628,639	$	10,280,387	47502
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	47503
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	47504
GRF	235558	Long-term Care Research	$	325,300	$	325,300	47505
GRF	235563	Ohio College Opportunity Grant	$	90,284,264	$	90,284,264	47506
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	47507
GRF	235599	National Guard Scholarship Program	$	16,711,514	$	17,384,511	47508
GRF	235909	Higher Education General Obligation Debt Service	$	~~221,168,700~~ 215,368,700	$	~~248,822,000~~ 245,822,000	47509
TOTAL GRF General Revenue Fund			$	~~2,331,062,630~~ 2,325,262,630	$	~~2,379,360,162~~ 2,379,460,162	47510

General Services Fund Group	47511

2200	235614	Program Approval and Reauthorization	$	903,595	$	903,595	47512
4560	235603	Sales and Services	$	199,250	$	199,250	47513
5JC0	235649	Co-op Internship Program	$	8,000,000	$	8,000,000	47514
5JC0	235668	Defense/Aerospace Workforce Development Initiative	$	4,000,000	$	4,000,000	47515
5JC0	235685	Manufacturing Workforce Development Initiative	$	2,000,000	$	0	47516
TOTAL GSF General Services							47517
Fund Group			$	15,102,845	$	13,102,845	47518

Federal Special Revenue Fund Group	47519

3120	235612	Carl D. Perkins Grant/Plan Administration	$	1,350,000	$	1,350,000	47520
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	47521
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	47522
3120	235672	H-1B Tech Skills Training	$	1,100,000	$	1,100,000	47523
3BW0	235630	Indirect Cost Recovery - Federal	$	50,000	$	50,000	47524
3H20	235608	Human Services Project	$	1,000,000	$	1,000,000	47525
TOTAL FED Federal Special Revenue							47526
Fund Group			$	21,535,671	$	21,535,671	47527

State Special Revenue Fund Group	47528

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	47529
4X10	235674	Telecommunity and Distance Learning	$	49,150	$	49,150	47530
5D40	235675	Conferences/Special Purposes	$	1,884,095	$	1,884,095	47531
5FR0	235643	Making Opportunity Affordable	$	230,000	$	230,000	47532
5P30	235663	Variable Savings Plan	$	8,066,920	$	8,104,370	47533
6450	235664	Guaranteed Savings Plan	$	1,290,718	$	1,303,129	47534
6820	235606	Nursing Loan Program	$	891,320	$	891,320	47535
TOTAL SSR State Special Revenue							47536
Fund Group			$	12,441,303	$	12,491,164	47537

Third Frontier Research & Development Fund Group	47538

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	47539
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	47540
TOTAL ALL BUDGET FUND GROUPS			$	~~2,388,142,449~~ 2,382,342,449	$	~~2,434,489,842~~ 2,434,589,842	47541

Sec. 363.120. POST-SECONDARY ADULT CAREER-TECHNICAL EDUCATION

47543

The foregoing appropriation item 235444, Post-Secondary Adult	47544
Career-Technical Education, shall be used by the Chancellor of the	47545
Board of Regents, in consultation with the Superintendent of	47546
Public Instruction and the Governor's Office of Workforce	47547
Transformation, to support post-secondary adult career-technical	47548
education. The Chancellor of the Board of Regents, the	47549
Superintendent of Public Instruction, and the Governor's Office of	47550
Workforce Transformation, or their designees, shall hold a series	47551
of consultations with the Ohio Technical Centers during fiscal	47552
year 2014 to develop an appropriate funding formula to distribute	47553
these funds based on student outcomes, beginning in fiscal year	47554
2015.	47555

Not later than June 30, 2014, the Chancellor of the Board of	47556
Regents shall establish a One-Year Option credit articulation	47557
system in which graduates of Ohio Technical Centers who complete a	47558
900-hour program of study and obtain an industry-recognized	47559
credential approved by the Chancellor shall receive 30 college	47560
technical credit hours toward a technical degree upon enrollment	47561
in an institution of higher education.	47562

By June 30, 2014, the Chancellor also shall submit a report	47563
to the General Assembly, in accordance with section 101.68 of the	47564
Revised Code, that recommends a process to award proportional	47565
credit toward a technical degree for students who complete a	47566
program of study between 600 and 899 hours and obtain an	47567
industry-recognized credential approved by the Chancellor.	47568

As used in this section, "institution of higher education"	47569
has the same meaning as in section 3345.12 of the Revised Code.	47570

FY 2015 OHIO TECHNICAL CENTERS FUNDING

47571

(A)(1) As soon as possible in each fiscal year, in accordance	47572
with instructions of the Chancellor of the Board of Regents, each	47573
Ohio Technical Center shall report its actual data, consistent	47574
with the definitions in the Higher Education Information (HEI)	47575
system's files, to the Chancellor.	47576

(a) In defining the number of full-time equivalent students	47577
for state subsidy purposes, the Chancellor of the Board of Regents	47578
shall exclude all students who are not residents of Ohio.	47579

(b) A full-time equivalent student shall be defined as a	47580
student who completes 450 hours. Those students that complete some	47581
portion of the 450 hours shall be counted as a partial full-time	47582
equivalent for funding purposes, while students that complete more	47583
than 450 hours shall be counted as proportionally greater than one	47584
full-time equivalent.	47585

(c) In calculating each Ohio Technical Center's full-time	47586
equivalent students, the Chancellor of the Board of Regents shall	47587
use a three-year average.	47588

(2) Twenty-five per cent of the fiscal year 2015 allocation	47589
for Ohio Technical Centers shall be distributed based on the	47590
proportion of each Center's full-time equivalent students to the	47591
total full-time equivalent students who complete a post-secondary	47592
workforce training program approved by the Chancellor with a grade	47593
of C or better or a grade of pass if the program is evaluated on a	47594
pass/fail basis.	47595

(3) Twenty per cent of the fiscal year 2015 allocation for	47596
Ohio Technical Centers shall be distributed based on the	47597
proportion of each Center's full-time equivalent students to the	47598
total full-time equivalent students who complete 50 per cent of a	47599
program of study as a measure of student retention.	47600

(4) Fifty per cent of the fiscal year 2015 allocation for	47601
Ohio Technical Centers shall be distributed based on the	47602
proportion of each Center's full-time equivalent students to the	47603
total full-time equivalent students who have found employment,	47604
entered military service, or enrolled in additional post-secondary	47605
education and training in accordance with the placement	47606
definitions of the Carl D. Perkins Career and Technical Education	47607
Act of 2006 (Perkins). The calculation for eligible full-time	47608
equivalent students shall be based on the per cent of Perkins	47609
placements for students who have completed at least 50 per cent of	47610
a program of study.	47611

(5) Five per cent of the fiscal year 2015 allocation for Ohio	47612
Technical Centers shall be distributed based on the proportion of	47613
each Center's full-time equivalent students to the total full-time	47614
equivalent students who have earned a credential from an	47615
industry-recognized third party.	47616

(B) Of the foregoing appropriation item 235444,	47617
Post-Secondary Adult Career-Technical Education, $400,000 in	47618
fiscal year 2015 shall be distributed by the Chancellor of the	47619
Board of Regents to the Ohio Central School System, $48,000 in	47620
fiscal year 2015 shall be utilized for accreditation assistance	47621
for Ohio Technical Centers, and $975,000 in fiscal year 2015 shall	47622
be distributed by the Chancellor to Ohio Technical Centers that	47623
provide business consultation with matching local dollars. Centers	47624
meeting this requirement shall receive an amount not to exceed	47625
$25,000 per center.	47626

(C) The remainder of the foregoing appropriation item 235444,	47627
Post-Secondary Adult Career-Technical Education, in FY 2015 shall	47628
be distributed in accordance with division (A) of this section.	47629

(D) PHASE-IN OF PERFORMANCE FUNDING FOR OHIO TECHNICAL	47630
CENTERS	47631

(1) In fiscal year 2015, no Ohio Technical Center shall	47632
receive performance funding calculated under division (A) of this	47633
section, excluding funding for third party credentials calculated	47634
under division (A)(5) of this section, that is less than 96 per	47635
cent of the average allocation the Center received in the three	47636
prior fiscal years.	47637

(2) In order to ensure that no Center receives less than 96	47638
per cent of the prior three-year average allocation in accordance	47639
with division (D)(1) of this section, funds shall be made	47640
available to support the phase-in allocation by proportionally	47641
reducing formula earnings from each Center not receiving phase-in	47642
funding.	47643

Sec. 363.190. STATE SHARE OF INSTRUCTION FORMULAS

47644

The Chancellor of the Board of Regents shall establish	47645
procedures to allocate the foregoing appropriation item 235501,	47646
State Share of Instruction, based on the formulas detailed in this	47647
section that utilize the enrollment, course completion, degree	47648
attainment, and student achievement factors reported annually by	47649
each state institution of higher education participating in the	47650
Higher Education Information (HEI) system.	47651

(A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COURSE	47652
COMPLETIONS	47653

(1) As soon as possible during each fiscal year of the	47654
biennium ending June 30, 2015, in accordance with instructions of	47655
the Board of Regents, each state institution of higher education	47656
shall report its actual data, consistent with the definitions in	47657
the Higher Education Information (HEI) system's enrollment files,	47658
to the Chancellor of the Board of Regents.	47659

(2) In defining the number of full-time equivalent students	47660
for state subsidy instructional cost purposes, the Chancellor of	47661
the Board of Regents shall exclude all undergraduate students who	47662
are not residents of Ohio, except those charged in-state fees in	47663
accordance with reciprocity agreements made under section 3333.17	47664
of the Revised Code or employer contracts entered into under	47665
section 3333.32 of the Revised Code.	47666

(3) In calculating the core subsidy entitlements for	47667
university branch and main campuses, the Chancellor of the Board	47668
of Regents shall use the following count of FTE students:	47669

(a) The subsidy eligible enrollments by model shall equal	47670
only those FTE students who successfully complete the course as	47671
defined and reported through the Higher Education Information	47672
(HEI) system course enrollment file;	47673

(b) Those undergraduate FTE students with successful course	47674
completions, identified in division (A)(3)(a) of this section,	47675
that had an expected family contribution less than 2190 or were	47676
determined to have been in need of remedial education shall be	47677
defined as at-risk students and shall have their eligible	47678
completions weighted by the following:	47679

(i) Campus-specific course completion indexes, where the	47680
indexes are calculated based upon the number of at-risk students	47681
enrolled during the 2010-2012 academic years; and	47682

(ii) A statewide average at-risk course completion weight	47683
determined for each subsidy model. The statewide average at-risk	47684
course completion weight shall be determined by calculating the	47685
difference between the percentage of traditional students who	47686
complete a course and the percentage of at-risk students who	47687
complete the same course.	47688

(4) In calculating the core subsidy entitlements for Medical	47689
II models only, students repeating terms may be no more than five	47690
per cent of current year enrollment.	47691

(B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT

47692

For purposes of calculating state share of instruction	47693
allocations, the total instructional costs per full-time	47694
equivalent student shall be:	47695

Model	Fiscal Year 2014	Fiscal Year 2015	47696
ARTS AND HUMANITIES 1	$7,803	$7,940	47697
ARTS AND HUMANITIES 2	$10,828	$11,018	47698
ARTS AND HUMANITIES 3	$13,988	$14,234	47699
ARTS AND HUMANITIES 4	$20,242	$20,598	47700
ARTS AND HUMANITIES 5	$33,969	$34,567	47701
ARTS AND HUMANITIES 6	$38,280	$38,954	47702
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	$7,109	$7,235	47703
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	$8,106	$8,249	47704
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	$10,640	$10,827	47705
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	$12,647	$12,869	47706
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	$19,657	$20,003	47707
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	$22,006	$22,393	47708
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	$30,558	$31,096	47709
MEDICAL 1	$53,424	$54,365	47710
MEDICAL 2	$45,873	$46,681	47711
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	$7,190	$7,317	47712
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	$10,091	$10,268	47713
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	$11,928	$12,138	47714
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	$15,186	$15,454	47715
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	$20,043	$20,396	47716
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	$21,633	$22,013	47717
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	$26,471	$26,937	47718
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	$36,766	$37,413	47719
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	$52,170	$53,088	47720

Doctoral I and Doctoral II models shall be allocated in	47721
accordance with division (D)(3) of this section.	47722

(C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL,	47723
AND GRADUATE WEIGHTS	47724

For the purpose of implementing the recommendations of the	47725
2006 State Share of Instruction Consultation and the Higher	47726
Education Funding Study Council that priority be given to	47727
maintaining state support for science, technology, engineering,	47728
mathematics, medicine, and graduate programs, the costs in	47729
division (B) of this section shall be weighted by the amounts	47730
provided below:	47731

Model	Fiscal Year 2014	Fiscal Year 2015	47732
ARTS AND HUMANITIES 1	1.0000	1.0000	47733
ARTS AND HUMANITIES 2	1.0000	1.0000	47734
ARTS AND HUMANITIES 3	1.0000	1.0000	47735
ARTS AND HUMANITIES 4	1.0000	1.0000	47736
ARTS AND HUMANITIES 5	1.0425	1.0425	47737
ARTS AND HUMANITIES 6	1.0425	1.0425	47738
BUSINESS, EDUCATION & SOCIAL SCIENCES 1	1.0000	1.0000	47739
BUSINESS, EDUCATION & SOCIAL SCIENCES 2	1.0000	1.0000	47740
BUSINESS, EDUCATION & SOCIAL SCIENCES 3	1.0000	1.0000	47741
BUSINESS, EDUCATION & SOCIAL SCIENCES 4	1.0000	1.0000	47742
BUSINESS, EDUCATION & SOCIAL SCIENCES 5	1.0425	1.0425	47743
BUSINESS, EDUCATION & SOCIAL SCIENCES 6	1.0425	1.0425	47744
BUSINESS, EDUCATION & SOCIAL SCIENCES 7	1.0425	1.0425	47745
MEDICAL 1	1.6456	1.6456	47746
MEDICAL 2	1.7462	1.7462	47747
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1	1.0000	1.0000	47748
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2	1.0017	1.0017	47749
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3	1.6150	1.6150	47750
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4	1.6920	1.6920	47751
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5	1.4222	1.4222	47752
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6	1.8798	1.8798	47753
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7	1.4380	1.4380	47754
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8	1.5675	1.5675	47755
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9	1.1361	1.1361	47756

(D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA	47757
ENTITLEMENTS AND ADJUSTMENTS	47758

(1) Of the foregoing appropriation item 235501, State Share	47759
of Instruction, 25 per cent of the fiscal year 2014 appropriation	47760
for state-supported community colleges, state community colleges,	47761
and technical colleges shall be allocated to colleges in	47762
proportion to their share of college student success factors as	47763
adopted by the Chancellor of the Board of Regents in formal	47764
communication to the Controlling Board on August 30, 2010.	47765

(2) Of the foregoing appropriation item 235501, State Share	47766
of Instruction, 25 per cent of the fiscal year 2015 appropriation	47767
for state-supported community colleges, state community colleges,	47768
and technical colleges shall be allocated to colleges in	47769
proportion to their share of college student success factors as	47770
recommended in formal communication from community college	47771
presidents to the Chancellor of the Board of Regents dated	47772
December 2013.	47773

(3) Of the foregoing appropriation item 235501, State Share	47774
of Instruction, 25 per cent of the fiscal year 2014 appropriation	47775
and 50 per cent of the fiscal year 2015 appropriation for	47776
state-supported community colleges, state community colleges, and	47777
technical colleges shall be reserved for course completion FTEs as	47778
aggregated by the subsidy models defined in division (B) of this	47779
section.	47780

The course completion funding shall be allocated to colleges	47781
in proportion to each campuses' share of the total sector's course	47782
completions, weighted by the instructional cost of the subsidy	47783
models.	47784

To calculate the subsidy entitlements for course completions	47785
at community colleges, state community colleges, and technical	47786
colleges, the Chancellor of the Board of Regents shall use the	47787
following calculations:	47788

(a) In calculating each campus's count of FTE course	47789
completions, the Chancellor of the Board of Regents shall use ~~the~~	47790
a three-year average for course completions ~~for the three-year~~	47791
~~period ending in the prior year~~.	47792

(b) The subsidy eligible enrollments by model shall equal	47793
only those FTE students who successfully complete the course as	47794
defined and reported through the Higher Education Information	47795
(HEI) system course enrollment file.	47796

(c) For fiscal year 2015, students with successful course	47797
completions, identified in division (D)(3) of this section, that	47798
are or have been Pell eligible at any time while enrolled at a	47799
state institution of higher education, are Native American,	47800
African American, or Hispanic, or are 25 years of age or older	47801
when they first enroll at a state institution of higher education,	47802
shall be defined as access students and shall have their eligible	47803
course completions weighted by a statewide access weight. The	47804
weight given to any student that meets any access factor shall be	47805
15 per cent for all course completions.	47806

(d) The model costs as used in the calculation shall be	47807
augmented by the model weights for science, technology,	47808
engineering, mathematics, and medicine models as established in	47809
division (C) of this section.	47810

~~(3)~~(4) Of the foregoing appropriation item 235501, State	47811
Share of Instruction, 25 per cent of the fiscal year 2015	47812
appropriation for state-supported community colleges, state	47813
community colleges, and technical colleges shall be reserved for	47814
completion milestones as identified in formal communication from	47815
community college presidents to the Chancellor of the Board of	47816
Regents dated December 2013.	47817

Completion milestones shall include associate degrees,	47818
certificates over 30 credit hours approved by the Board of	47819
Regents, and students transferring to any four-year institution	47820
with at least 12 credit hours earned at that community college,	47821
state community college, or technical college.	47822

The completion milestone funding shall be allocated to	47823
colleges in proportion to each institution's share of the sector's	47824
total completion milestones, weighted by the instructional cost of	47825
the associate degree, certificate, or transfer models. Costs for	47826
certificates over 30 hours shall be weighted one-half of the	47827
associate degree model costs and transfers with at least 12 credit	47828
hours shall be weighted one-fourth of the average cost for all	47829
associate degree model costs.	47830

To calculate the subsidy entitlements for completions at	47831
community colleges, state community colleges, and technical	47832
colleges, the Chancellor of the Board of Regents shall use the	47833
following calculations:	47834

(a) In calculating each campus's count of completions, the	47835
Chancellor of the Board of Regents shall use a three-year average	47836
for completion metrics.	47837

(b) The subsidy eligible completions by model shall equal	47838
only those students who successfully complete an associate degree,	47839
certificate over 30 credit hours, or transfer to any four-year	47840
institution with at least 12 credit hours as defined and reported	47841
in the Higher Education Information (HEI) system.	47842

(c) Those students with successful completions for associate	47843
degrees, certificates over 30 credit hours, or transfer to any	47844
four-year institution with at least 12 credit hours, identified in	47845
division (D)(3) of this section, that are or have been Pell	47846
eligible at any time while enrolled at a state institution of	47847
higher education, are Native American, African American, or	47848
Hispanic, or are 25 years of age or older when they first enroll	47849
at a state institution of higher education, shall be defined as	47850
access students and shall have their eligible completions weighted	47851
by a statewide access weight. The weight shall be 25 per cent for	47852
students with one access factor, 66 per cent for students with two	47853
access factors, and 150 per cent for students with three access	47854
factors.	47855

(d) For those students who complete more than one completion	47856
metric, funding for each additional associate degree or	47857
certificate over 30 credit hours approved by the Board of Regents	47858
shall be funded at 50 per cent of the model costs as defined in	47859
division (D)(4) of this section.	47860

(5) Of the foregoing appropriation item 235501, State Share	47861
of Instruction, up to 11.78 per cent of the appropriation for	47862
universities, as established in division (A)(2) of the section of	47863
~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly entitled	47864
"STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 2014 and 2015," in	47865
each fiscal year shall be reserved for support of doctoral	47866
programs to implement the funding recommendations made by	47867
representatives of the universities. The amount so reserved shall	47868
be referred to as the doctoral set-aside.	47869

The doctoral set-aside shall be allocated to universities as	47870
follows:	47871

(a) ~~62.50~~Sixty-two and one-half per cent of the doctoral	47872
set-aside in fiscal year 2014 and 55 per cent of the doctoral	47873
set-aside in fiscal year 2015 shall be allocated to universities	47874
in proportion to their share of the statewide total of each state	47875
institution's three-year average Doctoral I equivalent FTEs as	47876
calculated on an institutional basis using historical FTEs for the	47877
period fiscal year 1994 through fiscal year 1998 with annualized	47878
FTEs for fiscal years 1994 through 1997 and all-term FTEs for	47879
fiscal year 1998 as adjusted to reflect the effects of doctoral	47880
review and subsequent changes in Doctoral I equivalent	47881
enrollments. For the purposes of this calculation, Doctoral I	47882
equivalent FTEs shall equal the sum of Doctoral I FTEs plus 1.5	47883
times the sum of Doctoral II FTEs.	47884

(b) 25Twenty-five per cent of the doctoral set-aside in	47885
fiscal year 2014 and 30 per cent of the doctoral set-aside in	47886
fiscal year 2015 shall be allocated to universities in proportion	47887
to each campus's share of the total statewide doctoral degrees,	47888
weighted by the cost of the doctoral discipline. In calculating	47889
each campus's doctoral degrees the Chancellor of the Board of	47890
Regents shall use the three-year average doctoral degrees awarded	47891
for the three-year period ending in the prior year.	47892

(c) ~~12.5~~Twelve and one-half per cent of the doctoral	47893
set-aside in fiscal year 2014 and 15 per cent of the doctoral	47894
set-aside in fiscal year 2015 shall be allocated to universities	47895
in proportion to their share of research grant activity, using a	47896
data collection method that is reviewed and approved by the	47897
presidents of Ohio's doctoral degree granting universities. In the	47898
event that the data collection method is not available, funding	47899
for this component shall be allocated to universities in	47900
proportion to their share of research grant activity published by	47901
the National Science Foundation. Grant awards from the Department	47902
of Health and Human Services shall be weighted at 50 per cent.	47903

~~(4)~~(6) Of the foregoing appropriation item 235501, State	47904
Share of Instruction, 6.41 per cent of the appropriation for	47905
universities, as established in division (A)(2) of the section of	47906
~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly entitled	47907
"STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," in	47908
each fiscal year shall be reserved for support of Medical II FTEs.	47909
The amount so reserved shall be referred to as the medical II	47910
set-aside.	47911

The medical II set-aside shall be allocated to universities	47912
in proportion to their share of the statewide total of each state	47913
institution's three-year average Medical II FTEs as calculated in	47914
division (A) of this section, weighted by model cost.	47915

~~(5)~~(7) Of the foregoing appropriation item 235501, State	47916
Share of Instruction, 1.48 per cent of the appropriation for	47917
universities, as established in division (A)(2) of the section of	47918
~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly entitled	47919
"STATE SHARE OF INSTRUCTION FOR FISCAL YEARS 2014 AND 2015," in	47920
each fiscal year shall be reserved for support of Medical I FTEs.	47921
The amount so reserved shall be referred to as the medical I	47922
set-aside.	47923

The medical I set-aside shall be allocated to universities in	47924
proportion to their share of the statewide total of each state	47925
institution's three-year average Medical I FTEs as calculated in	47926
division (A) of this section.	47927

~~(6)~~(8) Of the foregoing appropriation item 235501, State	47928
Share of Instruction, 50 per cent of the appropriation in each	47929
fiscal year for universities, net any earmarked funding for	47930
university regional campuses as detailed in division (B)(1) of the	47931
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General	47932
Assembly entitled "STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	47933
2014 AND 2015," shall be reserved for support of associate,	47934
baccalaureate, master's, and professional level degree attainment.	47935

The degree attainment funding shall be allocated to	47936
universities in proportion to each campus's share of the total	47937
statewide degrees granted, weighted by the cost of the degree	47938
programs. The degree cost calculations shall include the model	47939
cost weights for the science, technology, engineering,	47940
mathematics, and medicine models as established in division (C) of	47941
this section.	47942

For degrees including credits earned at multiple	47943
institutions, in fiscal year 2015, degree attainment funding shall	47944
be allocated to universities ~~and branch campuses~~ in proportion to	47945
each campus's share of the cost of earned credits for the degree.	47946
Each institution shall receive its prorated share of degree	47947
funding for credits earned at that institution. Cost of credits	47948
not earned at a university main or regional campus shall be	47949
credited to the degree-granting institution for each first degree	47950
earned at each level, but shall not be eligible for at-risk	47951
weights.	47952

In calculating the subsidy entitlements for degree attainment	47953
at university main and regional campuses, the Chancellor of the	47954
Board of Regents shall use the following count of degrees and	47955
degree costs:	47956

(a) The subsidy eligible undergraduate degrees shall be	47957
defined as follows:	47958

(i) The subsidy eligible degrees conferred to students	47959
identified as residents of the state of Ohio in any term of their	47960
studies, as reported through the Higher Education Information	47961
(HEI) system student enrollment file, shall be weighted by a	47962
factor of 1.	47963

(ii) The subsidy eligible degrees conferred to students	47964
identified as out-of-state residents during all terms of their	47965
studies, as reported through the Higher Education Information	47966
(HEI) system student enrollment file, who remain in the state of	47967
Ohio at least one year after graduation, as calculated based on	47968
the three-year average in-state residency rate for out-of-state	47969
students at each institution, shall be weighted by a factor of 50	47970
per cent. For fiscal year 2014, subsidy eligible degrees conferred	47971
to all out-of-state students shall be weighted by a factor of 25	47972
per cent.	47973

(b) In fiscal year 2014, for those associate degrees awarded	47974
by a state-supported university, the subsidy eligible degrees	47975
granted are defined as only those earned by students attending a	47976
university that received funding under GRF appropriation item	47977
235418, Access Challenge, in fiscal year 2009. In fiscal year	47978
2015, subsidy eligible associate degrees are defined as those	47979
earned by students attending any state-supported university main	47980
or regional campus.	47981

(c) In calculating each campus's count of degrees, the	47982
Chancellor of the Board of Regents shall use the three-year	47983
average associate, baccalaureate, master's, and professional	47984
degrees awarded for the three-year period ending in the prior	47985
year. In fiscal year 2014, university regional campuses are not	47986
eligible for degree completion funding. In fiscal year 2015, all	47987
university campuses are eligible for degree completion funding.	47988

(d) For fiscal year 2014, eligible associate degrees defined	47989
in division (D)(6)(b) of this section and all bachelor's degrees	47990
earned by a student that either had an expected family	47991
contribution less than 2190, was determined to have been in need	47992
of remedial education, is Native American, African American, or	47993
Hispanic, or is at least age 26 at the time of graduation, shall	47994
be defined as degrees earned by an at-risk student and shall be	47995
weighted by the following:	47996

(i) A campus-specific at-risk index, where the index is	47997
calculated based on the proportion of at-risk students enrolled	47998
during a four-year cohort beginning in fiscal year 2001, 2002,	47999
2003, or 2004; and	48000

(ii) A statewide average at-risk degree completion weight	48001
determined by calculating the difference between the percentage of	48002
non-at-risk students who earned a degree and the percentage of	48003
at-risk students who earned a degree in eight years or less.	48004

(e) For fiscal year 2015, eligible associate degrees defined	48005
in division (D)~~(6)(b)~~(8) of this section and all bachelor's	48006
degrees earned by a student ~~that either had an expected family~~	48007
~~contribution less than 2190, was determined to be inneed~~of	48008
~~remedial education,is Native American, African American, or~~	48009
~~Hispanic, or is at least 26 years of~~defined as at-risk based on	48010
academic preparedness, age ~~at the time of graduation~~, minority	48011
status, or financial status, shall be defined as degrees earned by	48012
an at-risk student and shall be weighted by the following:	48013

A student-specific degree completion weight, where the weight	48014
is calculated based on the at risk factors of the individual	48015
student, determined by calculating the difference between the	48016
percentage of students with each risk factor who earned a degree	48017
and the percentage of non-at-risk students who earned a degree.	48018

~~(7)~~(9) State share of instruction base formula earnings shall	48019
be determined as follows:	48020

(a) The instructional costs shall be determined by	48021
multiplying the amounts listed above in divisions (B) and (C) of	48022
this section by the average subsidy-eligible FTEs for the	48023
three-year period ending in the prior year for all models except	48024
Doctoral I and Doctoral II.	48025

(b) The Chancellor of the Board of Regents shall compute a	48026
uniform state share of instructional costs for each sector.	48027

(i) For the state-supported community colleges, state	48028
community colleges, and technical colleges, in fiscal year 2014	48029
the Chancellor of the Board of Regents shall compute the uniform	48030
state share of instructional costs for enrollment by dividing the	48031
sector level appropriation total as determined by the Chancellor	48032
in division (A)(1) of the section of ~~this act~~Am. Sub. H.B. 59 of	48033
the 130th General Assembly entitled "STATE SHARE OF INSTRUCTION	48034
FOR FISCAL YEARS 2014 AND 2015," and adjusted pursuant to	48035
divisions (B) and (C) of that section, less the student college	48036
success allocation as described in division (D)(1) of this section	48037
and less the course completion allocation as detailed in division	48038
(D)(2) of this section, by the sum of all eligible campuses'	48039
instructional costs as calculated in division (D)(7)(b) of this	48040
section.	48041

(ii) For the state-supported university regional campuses, in	48042
fiscal year 2014 the Chancellor of the Board of Regents shall	48043
compute the uniform state share of instructional costs by dividing	48044
the sector level appropriation, as determined by the Chancellor in	48045
division (A)(2) of the section of ~~this act~~Am. Sub. H.B. 59 of the	48046
130th General Assembly entitled "STATE SHARE OF INSTRUCTION FOR	48047
FISCAL YEARS 2014 AND 2015," and adjusted pursuant to division (B)	48048
of that section by the sum of all campuses' instructional costs as	48049
calculated in division (D)(7)(b) of this section.	48050

(iii) For the state-supported university main campuses, in	48051
fiscal year 2014 the Chancellor of the Board of Regents shall	48052
compute the uniform state share of instructional costs by dividing	48053
the sector level appropriation, as determined by the Chancellor in	48054
division (A)(3) of the section of ~~this act~~Am. Sub. H.B. 59 of the	48055
130th General Assembly entitled "STATE SHARE OF INSTRUCTION FOR	48056
FISCAL YEARS 2014 AND 2015," and adjusted pursuant to division (B)	48057
of that section, less the degree attainment funding as calculated	48058
in divisions (D)(3) to (6) of this section, less the doctoral	48059
set-aside, less the medical I set-aside, and less the medical II	48060
set-aside, by the sum of all campuses' instructional costs as	48061
calculated in division (D)(7)(b) of this section.	48062

(iv) For the state university regional and main campuses, in	48063
fiscal year 2015 the Chancellor of the Board of Regents shall	48064
compute the uniform state share of instructional costs by dividing	48065
the university appropriation, as determined by the Chancellor in	48066
division (A)(3) of the section of ~~this act~~Am. Sub. H.B. 59 of the	48067
130th General Assembly entitled "STATE SHARE OF INSTRUCTION FOR	48068
FISCAL YEARS 2014 AND 2015," and adjusted pursuant to division (B)	48069
of that section, less the degree attainment funding as calculated	48070
in divisions (D)(3) to (6) of this section, less the doctoral	48071
set-aside, less the medical I set-aside, and less the medical II	48072
set-aside, by the sum of all campuses' instructional costs as	48073
calculated in division (D)(7)(b) of this section.	48074

(c) The formula entitlement shall be determined by	48075
multiplying the uniform state share of instructional costs	48076
calculated in division (D)(7)(c) of this section by the	48077
instructional cost determined in division (D)(7)(b) of this	48078
section.	48079

~~(8)~~(10) In addition to the student success allocation,	48080
doctoral set-aside, medical I set-aside, medical II set-aside, and	48081
the degree attainment allocation determined in divisions (D)(1) to	48082
(6) of this section and the formula entitlement determined in	48083
division (D)(7) of this section, an allocation based on	48084
facility-based plant operations and maintenance (POM) subsidy	48085
shall be made. For each eligible university main campus, the	48086
amount of the POM allocation in each fiscal year shall be	48087
distributed based on what each campus received in the fiscal year	48088
2009 POM allocation.	48089

Any POM allocations required by this division shall be funded	48090
by proportionately reducing formula entitlement earnings,	48091
including the POM allocations, for all campuses in that sector.	48092

~~(9)~~(11) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING FOR	48093
COMMUNITY, STATE COMMUNITY, AND TECHNICAL COLLEGES	48094

In addition to and after the adjustments noted above, in	48095
fiscal year 2014, no community college, state community college,	48096
or technical college shall receive a state share of instruction	48097
allocation that is less than 97 per cent of the prior year's state	48098
share of instruction earnings. Funds shall be made available to	48099
support this allocation by proportionately reducing formula	48100
entitlement earnings from those campuses, within the community,	48101
state community, and technical college sector, that are not	48102
receiving stability funding.	48103

~~(10)~~(12) CAPITAL COMPONENT DEDUCTION

48104

After all other adjustments have been made, state share of	48105
instruction earnings shall be reduced for each campus by the	48106
amount, if any, by which debt service charged in Am. H.B. 748 of	48107
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General	48108
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B.	48109
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th	48110
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly,	48111
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B.	48112
562 of the 127th General Assembly for that campus exceeds that	48113
campus's capital component earnings. The sum of the amounts	48114
deducted shall be transferred to appropriation item 235552,	48115
Capital Component, in each fiscal year.	48116

(E) EXCEPTIONAL CIRCUMSTANCES

48117

Adjustments may be made to the state share of instruction	48118
payments and other subsidies distributed by the Chancellor of the	48119
Board of Regents to state colleges and universities for	48120
exceptional circumstances. No adjustments for exceptional	48121
circumstances may be made without the recommendation of the	48122
Chancellor and the approval of the Controlling Board.	48123

(F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	48124
INSTRUCTION	48125

The standard provisions of the state share of instruction	48126
calculation as described in the preceding sections of temporary	48127
law shall apply to any reductions made to appropriation item	48128
235501, State Share of Instruction, before the Chancellor of the	48129
Board of Regents has formally approved the final allocation of the	48130
state share of instruction funds for any fiscal year.	48131

Any reductions made to appropriation item 235501, State Share	48132
of Instruction, after the Chancellor of the Board of Regents has	48133
formally approved the final allocation of the state share of	48134
instruction funds for any fiscal year, shall be uniformly applied	48135
to each campus in proportion to its share of the final allocation.	48136

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

48137

The state share of instruction payments to the institutions	48138
shall be in substantially equal monthly amounts during the fiscal	48139
year, unless otherwise determined by the Director of Budget and	48140
Management pursuant to section 126.09 of the Revised Code.	48141
Payments during the first six months of the fiscal year shall be	48142
based upon the state share of instruction appropriation estimates	48143
made for the various institutions of higher education according to	48144
the Chancellor of the Board of Regents enrollment, completion, and	48145
performance estimates. Payments during the last six months of the	48146
fiscal year shall be distributed after approval of the Controlling	48147
Board upon the request of the Chancellor.	48148

~~(H) STUDIES TO DETERMINE IMPROVEMENTS TO THE FISCAL YEAR 2015~~	48149
~~STATE SHARE OF INSTRUCTION FORMULAS~~	48150

~~(1) STUDY ON IDENTIFYING "AT-RISK" STUDENTS FOR COMMUNITY~~	48151
~~COLLEGES~~	48152

~~Community college presidents, or their designees, in~~	48153
~~consultation with the Chancellor of the Board of Regents, shall~~	48154
~~study the most appropriate formula weights for students who come~~	48155
~~from "at-risk" populations and recommend how they may be used to~~	48156
~~determine allocations of appropriations to community colleges from~~	48157
~~appropriation item 235501, State Share of Instruction, in fiscal~~	48158
~~year 2015. The study shall identify the socio-economic,~~	48159
~~demographic, academic, personal, and other factors that identify a~~	48160
~~student as being "at-risk" of academic failure, and recommend how~~	48161
~~these factors may be used to determine allocations of the State~~	48162
~~Share of Instruction for community colleges in fiscal year 2015.~~	48163
~~The study shall be completed by December 31, 2013. Notwithstanding~~	48164
~~any provision of law to the contrary, community college~~	48165
~~presidents, or their designees, in consultation with the~~	48166
~~Chancellor of the Board of Regents, shall use the results of the~~	48167
~~study to recommend changes in the determination of the~~	48168
~~distribution of the community college allocations beginning in~~	48169
~~fiscal year 2015 and shall report any such formula change~~	48170
~~recommendations to the Governor, the General Assembly, and the~~	48171
~~Office of Budget and Management not later than February 15, 2014.~~	48172

~~(2) STUDY ON THE USE OF SUCCESS POINTS AND COMPLETION~~	48173
~~MEASURES FOR COMMUNITY COLLEGES~~	48174

~~Community college presidents, or their designees, in~~	48175
~~consultation with the Chancellor of the Board of Regents, shall~~	48176
~~study the most appropriate formula weights for the "success~~	48177
~~points" and completion performance measures used in the allocation~~	48178
~~of appropriations to community colleges from appropriation item~~	48179
~~235501, State Share of Instruction, in fiscal year 2015. The study~~	48180
~~shall research the most appropriate success points and completion~~	48181
~~measures that occur during the academic career of community~~	48182
~~college students and recommend revisions to the current State~~	48183
~~Share of Instruction model to fund achievement of the success~~	48184
~~points beginning in fiscal year 2015. In addition, community~~	48185
~~college presidents, or their designees, in consultation with the~~	48186
~~Chancellor of the Board of Regents, shall determine how the~~	48187
~~community college's fiscal year 2015 share of State Share of~~	48188
~~Instruction funding shall be distributed among its success points,~~	48189
~~completion measures and course completion funding, or other~~	48190
~~performance and access measures. The study shall be completed by~~	48191
~~December 31, 2013. Notwithstanding any provision of law to the~~	48192
~~contrary, community college presidents, or their designees, in~~	48193
~~consultation with the Chancellor of the Board of Regents, shall~~	48194
~~use the results of the study to recommend changes in the~~	48195
~~determination of the distribution of the community college~~	48196
~~allocations beginning in fiscal year 2015 and shall report any~~	48197
~~such formula change recommendations to the Governor, the General~~	48198
~~Assembly, and the Office of Budget and Management not later than~~	48199
~~February 15, 2014.~~	48200

Sec. 363.200. STATE SHARE OF INSTRUCTION FOR FISCAL YEARS	48201
2014 AND 2015	48202

(A) The foregoing appropriation item 235501, State Share of	48203
Instruction, shall be distributed according to the section of ~~this~~	48204
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly entitled "STATE	48205
SHARE OF INSTRUCTION FORMULAS."	48206

(1) Of the foregoing appropriation item 235501, State Share	48207
of Instruction, $411,257,477 in fiscal year 2014 and $419,101,428	48208
in fiscal year 2015 shall be distributed to state-supported	48209
community colleges, state community colleges, and technical	48210
colleges.	48211

(2) Of the foregoing appropriation item 235501, State Share	48212
of Instruction, $1,372,968,020 in fiscal year 2014 and	48213
$1,399,124,069 in fiscal year 2015 shall be distributed to	48214
state-supported university main and regional campuses.	48215

(B) Of the amounts earmarked in division (A)(2) of this	48216
section:	48217

(1) $116,181,104 in fiscal year 2014 shall be distributed to	48218
state university regional campuses.	48219

(2) $3,923,764 in each fiscal year shall be distributed to	48220
university main campuses based on each campus's share of the	48221
appropriation item 235418, Access Challenge, in fiscal year 2009.	48222

(C) Of the foregoing appropriation item 235501, State Share	48223
of Instruction, up to $5,474,083 in fiscal year 2014 shall be used	48224
by the Chancellor to provide supplemental subsidy payments to each	48225
university main and regional campus receiving a State Share of	48226
Instruction allocation, as determined according to the section of	48227
~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly entitled	48228
"STATE SHARE OF INSTRUCTION FORMULAS" and divisions (A) and (B) of	48229
this section, in fiscal year 2014 that is less than 96 per cent of	48230
that campus's State Share of Instruction allocation in fiscal year	48231
2013. Supplemental subsidy payment amounts shall not exceed the	48232
amount needed to ensure that no university main or regional campus	48233
receives a State Share of Instruction allocation in fiscal year	48234
2014 that is less than 96 per cent of that campus's fiscal year	48235
2013 allocation. If the Chancellor determines that the amounts	48236
earmarked for these supplemental subsidies are inadequate to	48237
provide payments to ensure that each eligible campus receives a	48238
State Share of Instruction allocation in fiscal year 2014 that is	48239
equal to 96 per cent of that campus's fiscal year 2013 allocation,	48240
the Chancellor shall proportionally reduce payment amounts. If the	48241
Chancellor determines that the amount earmarked for these	48242
supplemental subsidies is greater than what is needed to ensure	48243
that no main or regional campus receives a State Share of	48244
Instruction allocation in fiscal year 2014 that is less than 96	48245
per cent of the fiscal year 2013 allocation, the Chancellor shall	48246
proportionally allocate the remainder of the earmark between the	48247
amounts earmarked for fiscal year 2014 divisions (A)(1) and (A)(2)	48248
of this section.	48249

(D) Of the foregoing appropriation item 235501, State Share	48250
of Instruction, up to $3,100,000 in fiscal year 2015 shall be used	48251
by the Chancellor to provide supplemental subsidy payments to each	48252
state-supported community college, state community college, and	48253
technical college receiving a State Share of Instruction	48254
allocation, as determined according to the section of this act	48255
entitled "STATE SHARE OF INSTRUCTION FORMULAS" and division (A) of	48256
this section, in fiscal year 2015 that is less than 96 per cent of	48257
that campus's State Share of Instruction allocation in fiscal year	48258
2014. Supplemental subsidy payment amounts shall not exceed the	48259
amount needed to ensure that no state-supported community college,	48260
state community college, or technical college receives a State	48261
Share of Instruction allocation in fiscal year 2015 that is less	48262
than 96 per cent of that campus's fiscal year 2014 allocation. If	48263
the Chancellor determines that the amounts earmarked for these	48264
supplemental subsidies are inadequate to provide payments to	48265
ensure that each eligible campus receives a State Share of	48266
Instruction allocation in fiscal year 2015 that is equal to 96 per	48267
cent of that campus's fiscal year 2014 allocation, the Chancellor	48268
shall proportionally reduce payment amounts. If the Chancellor	48269
determines that the amount earmarked for these supplemental	48270
subsidies is greater than what is needed to ensure that no	48271
state-supported community college, state community college, or	48272
technical college receives a State Share of Instruction allocation	48273
in fiscal year 2015 that is less than 96 per cent of the fiscal	48274
year 2014 allocation, the Chancellor shall proportionally allocate	48275
the remainder of the earmark among each state-supported community	48276
college, state community college, and technical college.	48277

(E) The POM adjustment in division (D)(7) of the section of	48278
~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly entitled	48279
"STATE SHARE OF INSTRUCTION FORMULAS" and the Access Challenge	48280
earmark in division (B) of this section shall expire on June 30,	48281
2015.	48282

~~(E)~~(F) The state share of instruction payments to the	48283
institutions shall be in substantially equal monthly amounts	48284
during the fiscal year, unless otherwise determined by the	48285
Director of Budget and Management pursuant to section 126.09 of	48286
the Revised Code. Payments during the last six months of the	48287
fiscal year shall be distributed after approval of the Controlling	48288
Board upon the request of the Chancellor of the Board of Regents.	48289

Sec. 365.10. DRC DEPARTMENT OF REHABILITATION AND CORRECTION

48290

General Revenue Fund	48291

GRF	501321	Institutional Operations	$	~~883,768,015~~ 895,799,933	$	~~873,724,802~~ 900,215,085	48292
GRF	501403	Prisoner Compensation	$	6,000,000	$	6,000,000	48293
GRF	501405	Halfway House	$	~~45,049,356~~ 48,399,340	$	~~46,024,108~~ 51,197,937	48294
GRF	501406	Lease Rental Payments	$	~~104,099,500~~ 103,099,500	$	99,534,800	48295
GRF	501407	Community Nonresidential Programs	$	34,187,858	$	34,314,390	48296
GRF	501408	Community Misdemeanor Programs	$	12,856,800	$	12,856,800	48297
GRF	501501	Community Residential Programs - CBCF	$	~~63,345,972~~ 64,224,472	$	~~66,150,781~~ 69,453,455	48298
GRF	503321	Parole and Community Operations	$	~~64,480,938~~ 66,102,094	$	~~65,029,680~~ 71,676,403	48299
GRF	504321	Administrative Operations	$	20,659,664	$	20,907,476	48300
GRF	505321	Institution Medical Services	$	~~243,289,774~~ 239,397,895	$	~~254,139,452~~ 251,994,058	48301
GRF	506321	Institution Education Services	$	19,102,051	$	19,112,418	48302
TOTAL GRF General Revenue Fund			$	~~1,496,839,928~~ 1,509,829,607	$	~~1,497,794,707~~ 1,537,262,822	48303

General Services Fund Group	48304

1480	501602	Institutional Services	$	3,139,577	$	3,139,577	48305
2000	501607	Ohio Penal Industries	$	41,393,226	$	40,609,872	48306
4830	501605	Property Receipts	$	582,086	$	582,086	48307
4B00	501601	Sewer Treatment Services	$	2,023,671	$	2,067,214	48308
4D40	501603	Prisoner Programs	$	17,499,255	$	17,499,255	48309
4L40	501604	Transitional Control	$	1,113,120	$	1,113,120	48310
4S50	501608	Education Services	$	4,114,782	$	4,114,782	48311
5710	501606	Training Academy Receipts	$	125,000	$	125,000	48312
5930	501618	Laboratory Services	$	3,750,000	$	0	48313
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	48314
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	48315
5L60	501611	Information Technology Services	$	250,000	$	250,000	48316
TOTAL GSF General Services Fund Group			$	77,430,717	$	72,940,906	48317

Federal Special Revenue Fund Group	48318

3230	501619	Federal Grants	$	7,132,943	$	7,132,943	48319
TOTAL FED Federal Special Revenue							48320
Fund Group			$	7,132,943	$	7,132,943	48321

TOTAL ALL BUDGET FUND GROUPS

~~1,581,403,588~~ 1,594,393,267

~~1,577,868,556~~ 1,617,336,671

48322

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	48323
SENTENCING REFORMS	48324

For the purposes of implementing criminal sentencing reforms,	48325
and notwithstanding any other provision of law to the contrary,	48326
the Director of Budget and Management, at the request of the	48327
Director of Rehabilitation and Correction, may transfer up to	48328
$14,000,000 in appropriations, in each of fiscal years 2014 and	48329
2015, from appropriation item 501321, Institutional Operations, to	48330
any combination of appropriation items 501405, Halfway House;	48331
501407, Community Residential Programs; 501408, Community	48332
Misdemeanor Programs; and 501501, Community Residential Programs -	48333
CBCF.	48334

LEASE RENTAL PAYMENTS

48335

The foregoing appropriation item 501406, Lease Rental	48336
Payments, shall be used to meet all payments at the times they are	48337
required to be made during the period from July 1, 2013, through	48338
June 30, 2015, by the Department of Rehabilitation and Correction	48339
under the primary leases and agreements for those buildings made	48340
under Chapters 152. and 154. of the Revised Code. These	48341
appropriations are the source of funds pledged for bond service	48342
charges on related obligations issued under Chapters 152. and 154.	48343
of the Revised Code.	48344

OSU MEDICAL CHARGES

48345

Notwithstanding section 341.192 of the Revised Code, at the	48346
request of the Department of Rehabilitation and Correction, The	48347
Ohio State University Medical Center, including the Arthur G.	48348
James Cancer Hospital and Richard J. Solove Research Institute and	48349
the Richard M. Ross Heart Hospital, shall provide necessary care	48350
to persons who are confined in state adult correctional	48351
facilities. The provision of necessary care shall be billed to the	48352
Department at a rate not to exceed the authorized reimbursement	48353
rate for the same service established by the Department of	48354
Medicaid under the Medicaid Program.	48355

CORRECTIVE CASH TRANSFER

48356

At the request of the Director of Rehabilitation and	48357
Correction, the Director of Budget and Management may transfer an	48358
amount not to exceed $2,391 in cash that was mistakenly deposited	48359
in the Federal Grants Fund (Fund 3230) to the General Revenue	48360
Fund.	48361

Sec. 371.10. RDF REVENUE DISTRIBUTION FUNDS

48362

Special State Revenue Fund Group	48363

5JG0	110633		Gross Casino Revenue County Fund		$	158,005,325		$	168,977,942		48364
TOTAL SSR State Special Revenue Fund Group					$	158,005,325		$	168,977,942		48365

Volunteer Firefighters' Dependents Fund	48366

7085	800985	Volunteer Firemen's Dependents Fund	$	300,000	$	300,000	48367
TOTAL 085 Volunteer Firefighters'							48368
Dependents Fund			$	300,000	$	300,000	48369

Agency Fund Group	48370

4P80	001698	Cash Management Improvement Fund	$	3,100,000	$	3,100,000	48371
5JH0	110634	Gross Casino Revenue County Student Fund	$	105,336,883	$	112,651,961	48372
5JJ0	110636	Gross Casino Revenue Host City Fund	$	15,490,718	$	16,566,465	48373
6080	001699	Investment Earnings	$	30,000,000	$	30,000,000	48374
7062	110962	Resort Area Excise Tax	$	1,000,000	$	1,000,000	48375
7063	110963	Permissive Tax Distribution	$	2,066,331,400	$	2,151,135,100	48376
7067	110967	School District Income Tax	$	346,669,300	$	365,277,800	48377
7093	110640	Next Generation 9-1-1 Fund	$	1,890,000	$	2,690,000	48378
7094	110641	Wireless 9-1-1 Government Assistance Fund	$	11,110,000	$	23,310,000	48379
7099	762902	Permissive Tax Distribution - Auto Registration	$	184,000,000	$	184,000,000	48380
7001	110996	Horse-Racing Tax Municipality Fund	$	400,000	$	400,000	48381
TOTAL AGY Agency Fund Group			$	2,765,328,301	$	2,890,131,326	48382

Holding Account Redistribution	48383

R045	110617	International Fuel Tax Distribution	$	40,000,000	$	40,000,000	48384
TOTAL 090 Holding Account Redistribution Fund			$	40,000,000	$	40,000,000	48385
Revenue Distribution Fund Group							48386
7049	335900	Indigent Drivers Alcohol Treatment	$	2,250,000	$	2,250,000	48387
7050	762900	International Registration Plan Distribution	$	30,000,000	$	30,000,000	48388
7051	762901	Auto Registration Distribution	$	360,000,000	$	360,000,000	48389
7054	110954	Local Government Property Tax Replacement - Utility	$	5,649,000	$	5,649,000	48390
7060	110960	Gasoline Excise Tax Fund	$	395,000,000	$	395,000,000	48391
7065	110965	Public Library Fund	$	359,300,000	$	369,000,000	48392
7066	800966	Undivided Liquor Permits	$	14,100,000	$	14,100,000	48393
7068	110968	State and Local Government Highway Distribution	$	196,000,000	$	196,000,000	48394
7069	110969	Local Government Fund	$	363,600,000	$	376,400,000	48395
7081	110981	Local Government Property Tax Replacement-Business	$	146,500,000	$	107,900,000	48396
7082	110982	Horse Racing Tax	$	100,000	$	100,000	48397
7083	700900	Ohio Fairs Fund	$	1,400,000	$	1,400,000	48398
7098	110642	Local Severance Tax Distributions	$	0	$	10,400,000	48399
TOTAL RDF Revenue Distribution							48400
Fund Group			$	1,873,899,000	$	~~1,857,799,000~~ 1,868,199,000	48401
TOTAL ALL BUDGET FUND GROUPS			$	4,837,532,626	$	~~4,957,208,268~~ 4,967,608,268	48402

ADDITIONAL APPROPRIATIONS

48403

Appropriation items in this section shall be used for the	48404
purpose of administering and distributing the designated revenue	48405
distribution funds according to the Revised Code. If it is	48406
determined that additional appropriations are necessary for this	48407
purpose, such amounts are hereby appropriated.	48408

GENERAL REVENUE FUND TRANSFERS

48409

Notwithstanding any provision of law to the contrary, in	48410
fiscal year 2014 and fiscal year 2015, the Director of Budget and	48411
Management may transfer from the General Revenue Fund to the Local	48412
Government Tangible Property Tax Replacement Fund (Fund 7081) in	48413
the Revenue Distribution Fund Group, those amounts necessary to	48414
reimburse local taxing units under section 5751.22 of the Revised	48415
Code. Also, in fiscal year 2014 and fiscal year 2015, the Director	48416
of Budget and Management may make temporary transfers from the	48417
General Revenue Fund to ensure sufficient balances in the Local	48418
Government Tangible Property Tax Replacement Fund (Fund 7081) and	48419
to replenish the General Revenue Fund for such transfers.	48420

Sec. 395.10. TAX DEPARTMENT OF TAXATION

48421

General Revenue Fund	48422

GRF	110321	Operating Expenses	$	72,568,330	$	67,968,332	48423
GRF	110404	Tobacco Settlement Enforcement	$	178,200	$	178,200	48424
GRF	110901	Property Tax Allocation - Taxation	$	~~666,640,000~~ 658,640,000	$	~~678,255,600~~ 673,255,600	48425
TOTAL GRF General Revenue Fund			$	~~739,386,530~~ 731,386,530	$	~~746,402,132~~ 741,402,132	48426

General Services Fund Group	48427

2280	110628	Revenue Enhancement	$	15,500,000	$	~~17,500,000~~ 17,100,000	48428
4330	110602	Tape File Account	$	175,000	$	175,000	48429
5BP0	110639	Wireless 9-1-1 Administration	$	290,000	$	290,000	48430
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	48431
5MN0	110638	STARS Development and Implementation	$	5,000,000	$	3,000,000	48432
5N50	110605	Municipal Income Tax Administration	$	150,000	$	150,000	48433
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	48434
5V80	110623	Property Tax Administration	$	11,978,310	$	~~11,978,310~~ 11,178,310	48435
5W70	110627	Exempt Facility Administration	$	49,500	$	49,500	48436
TOTAL GSF General Services							48437
Fund Group			$	33,492,810	$	~~33,492,810~~ 32,292,810	48438

State Special Revenue Fund Group	48439

4350	110607	Local Tax Administration	$	20,000,000	$	~~20,700,000~~ 20,300,000	48440
4360	110608	Motor Vehicle Audit	$	1,459,609	$	1,459,609	48441
4370	110606	Income Tax Contribution	$	38,800	$	38,800	48442
4380	110609	School District Income Tax	$	5,802,044	$	~~5,802,044~~ 5,402,044	48443
4C60	110616	International Registration Plan	$	682,415	$	682,415	48444
4R60	110610	Tire Tax Administration	$	244,193	$	244,193	48445
5V70	110622	Motor Fuel Tax Administration	$	5,035,374	$	5,035,374	48446
6390	110614	Cigarette Tax Enforcement	$	1,750,000	$	1,750,000	48447
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	48448
6880	110615	Local Excise Tax Administration	$	775,015	$	775,015	48449
TOTAL SSR State Special Revenue							48450
Fund Group			$	36,287,450	$	~~36,987,450~~ 36,187,450	48451

Agency Fund Group	48452

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	48453
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	48454
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	48455

Holding Account Redistribution Fund Group	48456

R010	110611	Tax Distributions	$	50,000	$	50,000	48457
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	48458
TOTAL 090 Holding Account							48459
Redistribution Fund Group			$	100,000	$	100,000	48460
TOTAL ALL BUDGET FUND GROUPS			$	~~2,377,066,790~~ 2,369,066,790	$	~~2,384,782,392~~ 2,377,782,392	48461

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

48462

The foregoing appropriation item 110901, Property Tax	48463
Allocation - Taxation, is hereby appropriated to pay for the	48464
state's costs incurred due to the Homestead Exemption, the	48465
Manufactured Home Property Tax Rollback, and the Property Tax	48466
Rollback. The Tax Commissioner shall distribute these funds	48467
directly to the appropriate local taxing districts, except for	48468
school districts, notwithstanding the provisions in sections	48469
321.24 and 323.156 of the Revised Code, which provide for payment	48470
of the Homestead Exemption, the Manufactured Home Property Tax	48471
Rollback, and Property Tax Rollback by the Tax Commissioner to the	48472
appropriate county treasurer and the subsequent redistribution of	48473
these funds to the appropriate local taxing districts by the	48474
county auditor.	48475

Upon receipt of these amounts, each local taxing district	48476
shall distribute the amount among the proper funds as if it had	48477
been paid as real property taxes. Payments for the costs of	48478
administration shall continue to be paid to the county treasurer	48479
and county auditor as provided for in sections 319.54, 321.26, and	48480
323.156 of the Revised Code.	48481

Any sums, in addition to the amounts specifically	48482
appropriated in appropriation item 110901, Property Tax Allocation	48483
- Taxation, for the Homestead Exemption, the Manufactured Home	48484
Property Tax Rollback, and the Property Tax Rollback payments,	48485
which are determined to be necessary for these purposes, are	48486
hereby appropriated.	48487

MUNICIPAL INCOME TAX

48488

The foregoing appropriation item 110995, Municipal Income	48489
Tax, shall be used to make payments to municipal corporations	48490
under section 5745.05 of the Revised Code. If it is determined	48491
that additional appropriations are necessary to make such	48492
payments, such amounts are hereby appropriated.	48493

TAX REFUNDS

48494

The foregoing appropriation item 110635, Tax Refunds, shall	48495
be used to pay refunds under section 5703.052 of the Revised Code.	48496
If it is determined that additional appropriations are necessary	48497
for this purpose, such amounts are hereby appropriated.	48498

INTERNATIONAL REGISTRATION PLAN AUDIT

48499

The foregoing appropriation item 110616, International	48500
Registration Plan, shall be used under section 5703.12 of the	48501
Revised Code for audits of persons with vehicles registered under	48502
the International Registration Plan.	48503

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

48504

Of the foregoing appropriation item 110607, Local Tax	48505
Administration, the Tax Commissioner may disburse funds, if	48506
available, for the purposes of paying travel expenses incurred by	48507
members of Ohio's delegation to the Streamlined Sales Tax Project,	48508
as appointed under section 5740.02 of the Revised Code. Any travel	48509
expense reimbursement paid for by the Department of Taxation shall	48510
be done in accordance with applicable state laws and guidelines.	48511

TOBACCO SETTLEMENT ENFORCEMENT

48512

The foregoing appropriation item 110404, Tobacco Settlement	48513
Enforcement, shall be used by the Tax Commissioner to pay costs	48514
incurred in the enforcement of divisions (F) and (G) of section	48515
5743.03 of the Revised Code.	48516

STARS DEVELOPMENT AND IMPLEMENTATION FUND

48517

The foregoing appropriation item 110638, STARS Development	48518
and Implementation Fund, shall be used to pay costs incurred in	48519
the development and implementation of the department's State Tax	48520
Accounting and Revenue System. The Director of Budget and	48521
Management, under a plan submitted by the Tax Commissioner, or as	48522
otherwise determined by the Director of Budget and Management,	48523
shall set a schedule to transfer cash from the Tax Reform System	48524
Implementation Fund, Local Tax Administration Fund, School	48525
District Income Tax Fund, Discovery Project Fund, and the Motor	48526
Fuel Tax Administration Fund to the credit of the STARS	48527
Development and Implementation Fund (Fund 5MN0). The transfers of	48528
cash shall not exceed $8,000,000 in the biennium.	48529

Sec. 403.10. DVS DEPARTMENT OF VETERANS SERVICES

48530

General Revenue Fund	48531

GRF	900321	Veterans' Homes	$	27,369,946	$	~~27,369,946~~ 26,992,608	48532
GRF	900402	Hall of Fame	$	107,075	$	107,075	48533
GRF	900408	Department of Veterans Services	$	2,001,823	$	~~2,001,823~~ 2,379,161	48534
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	7,542,600	$	9,914,800	48535
TOTAL GRF General Revenue Fund			$	37,021,444	$	39,393,644	48536

General Services Fund Group	48537

4840	900603		Veterans' Homes Services		$	1,596,894		$	1,596,894		48538
TOTAL GSF General Services Fund Group					$	1,596,894		$	1,596,894		48539

Federal Special Revenue Fund Group	48540

3680	900614	Veterans Training	$	684,017	$	697,682	48541
3740	900606	Troops to Teachers	$	111,822	$	111,879	48542
3BX0	900609	Medicare Services	$	2,250,000	$	2,250,000	48543
3L20	900601	Veterans' Homes Operations - Federal	$	24,887,790	$	25,634,423	48544
TOTAL FED Federal Special Revenue							48545
Fund Group			$	27,933,629	$	28,693,984	48546

State Special Revenue Fund Group	48547

4E20	900602	Veterans' Homes Operating	$	10,614,652	$	10,837,435	48548
6040	900604	Veterans' Homes Improvement	$	403,663	$	459,359	48549
TOTAL SSR State Special Revenue							48550
Fund Group			$	11,018,315	$	11,296,794	48551

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	48552

7041	900615	Veteran Bonus Program - Administration	$	738,703	$	629,709	48553
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	14,500,000	$	9,400,000	48554
TOTAL 041 Persian Gulf,							48555
Afghanistan, and Iraq							48556
Compensation Fund Group			$	15,238,703	$	10,029,709	48557
TOTAL ALL BUDGET FUND GROUPS			$	92,808,985	$	91,011,025	48558

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	48559
OBLIGATION DEBT SERVICE	48560

The foregoing appropriation item 900901, Persian Gulf,	48561
Afghanistan and Iraq Compensation Debt Service, shall be used to	48562
pay all debt service and related financing costs during the period	48563
from July 1, 2013, through June 30, 2015, on obligations issued	48564
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	48565
purposes under sections 151.01 and 151.12 of the Revised Code.	48566

Sec. 512.80. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

48567

There is hereby established in the Highway Operating Fund	48568
(Fund 7002), used by the Department of Transportation, a Diesel	48569
Emissions Reduction Grant Program. The Director of Environmental	48570
Protection shall administer the program and shall solicit,	48571
evaluate, score, and select projects submitted by public and	48572
private entities that are eligible for the federal Congestion	48573
Mitigation and Air Quality (CMAQ) Program. The Director of	48574
Transportation shall process Federal Highway	48575
Administration-approved projects as recommended by the Director of	48576
Environmental Protection.	48577

In addition to the allowable expenditures set forth in	48578
section 122.861 of the Revised Code, Diesel Emissions Reduction	48579
Grant Program funds also may be used to fund projects involving	48580
the purchase or use of hybrid and alternative fuel vehicles that	48581
are allowed under guidance developed by the Federal Highway	48582
Administration for the CMAQ Program.	48583

Public entities eligible to receive funds under section	48584
122.861 of the Revised Code and CMAQ shall be reimbursed from	48585
moneys in the Highway Operating Fund (Fund 7002) designated for	48586
the Department of Transportation's Diesel Emissions Reduction	48587
Grant Program.	48588

Private entities eligible to receive funds under section	48589
122.861 of the Revised Code and CMAQ shall be reimbursed through	48590
transfers of cash from moneys in the Highway Operating Fund (Fund	48591
7002) designated for the Department of Transportation's Diesel	48592
Emissions Reduction Grant Program to the Diesel Emissions	48593
Reduction Fund (Fund 3FH0), used by the Environmental Protection	48594
Agency, or at the direction of the local public agency sponsor and	48595
upon approval of the Department of Transportation, through direct	48596
payments to the vendor in the prorated share of federal/state	48597
participation. Total expenditures between both the Environmental	48598
Protection Agency and the Department of Transportation shall not	48599
exceed the amounts appropriated in this act for appropriation item	48600
715693, Diesel Emissions Reduction Grants, $10,000,000 in FY 2014	48601
and $2,500,000 in FY 2015.	48602

On or before June 30, 2014, the Director of Environmental	48603
Protection may certify to the Director of Budget and Management	48604
the amount of any unencumbered balance of the foregoing	48605
appropriation item 715693, Diesel Emissions Reduction Grants, for	48606
fiscal year 2014 to be used for the same purpose in fiscal year	48607
2015. Once the certification permitted under this section has been	48608
submitted and approved by the Director of Budget and Management,	48609
the amount approved ~~is hereby~~may be appropriated for fiscal year	48610
2015.	48611

Any cash transfers or allocations under this section	48612
represent CMAQ program moneys within the Department of	48613
Transportation for use by the Diesel Emissions Reduction Grant	48614
Program by the Environmental Protection Agency. These allocations	48615
shall not reduce the amount of such moneys designated for	48616
metropolitan planning organizations.	48617

The Director of Environmental Protection, in consultation	48618
with the ~~directors of Development Services and~~Director of	48619
Transportation, shall develop guidance for the distribution of	48620
funds and for the administration of the Diesel Emissions Reduction	48621
Grant Program. The guidance shall include a method of	48622
prioritization for projects, acceptable technologies, and	48623
procedures for awarding grants.	48624

Sec. 751.10. RECOVERY REQUIRES A COMMUNITY PROGRAM

48625

The Department of Mental Health and Addiction Services, in	48626
consultation with the Department of Medicaid, shall administer the	48627
Recovery Requires a Community Program to identify individuals	48628
residing in nursing facilities who can be successfully moved into	48629
a community setting with the aid of community non-Medicaid	48630
services.	48631

The Director of Mental Health and Addiction Services and the	48632
Medicaid Director shall agree upon an amount representing the	48633
savings realized from decreased nursing facility utilization to be	48634
transferred within the biennium from the Department of Medicaid to	48635
the Department of Mental Health and Addiction Services to support	48636
non-Medicaid program costs for individuals moving into community	48637
settings.	48638

~~Of the foregoing appropriation item 651525, Medicaid/Health~~	48639
~~Care Services, the Medicaid Director shall transfer the amount~~	48640
~~agreed upon representing the savings from the General Revenue Fund~~	48641
~~to the Sale of Goods and Services Fund (Fund 1490). The transfer~~	48642
~~shall be made using an intrastate transfer voucher. The~~	48643
~~transferred cash is hereby appropriated to appropriation item~~	48644
~~335609, Community Operating/Planning.~~	48645

The Director of Mental Health and Addiction Services and the	48646
Medicaid Director shall certify the agreed upon amount to the	48647
Director of Budget and Management. Upon receipt of the	48648
certification, the Director of Budget and Management may increase	48649
appropriation item 335504, Community Innovations, up to the amount	48650
of the certification and decrease appropriation item 651525,	48651
Medicaid/Health Care Services, by an equal amount.	48652

Section 610.21. That existing Sections 207.10, 209.30,	48653
211.10, 221.10, 241.10, 257.10, 259.10, 263.10, 263.230, 263.240,	48654
263.250, 263.270, 263.325, 275.10, 282.10, 282.30, 285.10, 285.20,	48655
301.10, 327.10, 327.83, 333.10, 333.80, 340.10, 359.10, 363.10,	48656
363.120, 363.190, 363.200, 365.10, 371.10, 395.10, 403.10, 512.80,	48657
and 751.10 of Am. Sub. H.B. 59 of the 130th General Assembly are	48658
hereby repealed.	48659

Section 690.10. That Section 747.40 of Am. Sub. H.B. 59 of	48660
the 130th General Assembly is hereby repealed.	48661

Section 709.10. The Director of Agriculture shall adopt rules	48662
in accordance with Chapter 119. of the Revised Code that are	48663
identical to all of the following rules as those rules exist on	48664
the effective date of this section, except that references to the	48665
Division of Soil and Water Resources in the Department of Natural	48666
Resources shall be replaced with references to the Department of	48667
Agriculture, and references to the Chief of the Division of Soil	48668
and Water Resources shall be replaced with references to the	48669
Director of Agriculture:	48670

(A) Rule 1501:15-5-01 of the Ohio Administrative Code;

48671

(B) Rule 1501:15-5-02 of the Ohio Administrative Code;

48672

48673

(D) Rule 1501:15-5-05 of the Ohio Administrative Code;

48674

(E) Rule 1501:15-5-06 of the Ohio Administrative Code;

48675

(F) Rule 1501:15-5-07 of the Ohio Administrative Code;

48676

(G) Rule 1501:15-5-14 of the Ohio Administrative Code;

48677

(H) Rule 1501:15-5-15 of the Ohio Administrative Code;

48678

(I) Rule 1501:15-5-18 of the Ohio Administrative Code.

48679

Section 715.10. (A) In accordance with the amendment of	48680
section 1515.02 of the Revised Code by this act, the Governor	48681
shall appoint two additional members to the Ohio Soil and Water	48682
Conservation Commission established in that section, as amended by	48683
this act, not later than thirty days after the effective date of	48684
this section as follows:	48685

(1) One member shall be appointed for a term ending June 30,	48686
2015.	48687

(2) One member shall be appointed for a term ending June 30,	48688
2016.	48689

Thereafter, terms of office for the additional members shall	48690
be for four years, each term ending on the same day of the same	48691
month of the year as did the term that it succeeds. Those	48692
additional members may be reappointed in accordance with section	48693
1515.02 of the Revised Code, as amended by this act.	48694

(B) The Ohio Soil and Water Conservation Commission	48695
established in section 1515.02 of the Revised Code, as amended by	48696
this act, is a continuation of the Ohio Soil and Water	48697
Conservation Commission established in that section prior to its	48698
amendment by this act.	48699

Section 733.10. (A) There is hereby created the School Based	48700
Health Care Advisory Workgroup. The Workgroup shall consist of the	48701
following members:	48702

(1) The Superintendent of Public Instruction or the	48703
Superintendent's designee;	48704

(2) The Director of Developmental Disabilities or the	48705
Director's designee;	48706

(3) The Director of Health or the Director's designee;

48707

(4) The Director of Job and Family Services or the Director's	48708
designee;	48709

(5) The Director of Medicaid or the Director's designee;

48710

(6) The Director of Mental Health and Addiction Services or	48711
the Director's designee;	48712

(7) The Director of the Office of Health Transformation or	48713
the Director's designee, who shall serve as chairperson;	48714

(8) One representative from each of the following	48715
organizations, appointed by the organization's chief executive	48716
officer or the individual serving in an equivalent capacity for	48717
the organization:	48718

(a) The Association of Ohio Health Commissioners;

48719

(b) The Buckeye Association of School Administrators;

48720

48721

(d) The Greater Cincinnati Community Learning Institute;

48722

(e) The Ohio Association of Community Health Centers;

48723

(f) The Ohio Association of Health Plans;

48724

(g) The Ohio Association of School Nurses;

48725

(h) The Ohio Business Roundtable;

48726

(i) The Ohio Chamber of Commerce;

48727

(j) The Ohio Chapter of the American Academy of Pediatrics;

48728

(k) The Ohio Children's Hospital Association;

48729

(l) The Ohio Commission on Minority Health;

48730

(m) The Ohio Council of Behavioral Health and Family Services	48731
Providers;	48732

(n) The Ohio Dental Association;

48733

(o) The Ohio Optometric Association;

48734

(p) The Ohio Parent Teacher Association;

48735

(q) The Ohio State Medical Association;

48736

(r) The Public Children Services Association of Ohio;

48737

(s) Voices for Ohio's Children;

48738

(t) The Ohio Federation of Teachers.

48739

(9) Two members of the House of Representatives, one from the	48740
majority party and the other from the minority party, appointed by	48741
the Speaker of the House of Representatives;	48742

(10) Two members of the Senate, one from the majority party	48743
and the other from the minority party, appointed by the President	48744
of the Senate.	48745

(B) The Workgroup shall do all of the following:

48746

(1) Review evidence of the correlation between student health	48747
and academic achievement;	48748

(2) Identify existing best practices to improve academic	48749
achievement through better student health;	48750

(3) Based on existing best practices, recommend one or more	48751
models for communities that want to improve academic achievement	48752
through better student health;	48753

(4) Recommend financial strategies to sustain the models over	48754
time, with an emphasis on health coverage through commercial	48755
insurance and Medicaid, not other governmental subsidies;	48756

(5) Recommend health care service delivery strategies that	48757
are known to improve health outcomes, such as patient-centered	48758
medical homes;	48759

(6) Ensure that all recommendations adhere to state and	48760
federal law.	48761

(C)(1) Appointments to the Workgroup shall be made not later	48762
than fifteen days after the effective date of this section.	48763
Vacancies shall be filled in the same manner as the original	48764
appointments.	48765

(2) Members of the Workgroup shall serve without compensation	48766
or reimbursement for expenses incurred while serving on the	48767
Workgroup, except to the extent that serving on the Workgroup is	48768
considered to be among the member's employment duties.	48769

(D) The Workgroup shall prepare a report of its findings and	48770
recommendations and, not later than December 31, 2014, submit the	48771
report to the General Assembly. Upon submission of the report, the	48772
Workgroup shall cease to exist.	48773

Section 733.20. (A) Notwithstanding anything to the contrary	48774
in Chapter 3365. of the Revised Code, for the 2014-2015 school	48775
year, the program established under that chapter shall continue to	48776
operate as the Post-Secondary Enrollment Options Program, as it	48777
existed under that chapter prior to the effective date of this	48778
section. All rules for the Post-Secondary Enrollment Options	48779
Program in effect on the effective date of this section shall	48780
continue to govern that program for the 2014-2015 school year. The	48781
College Credit Plus Program, as codified in Chapter 3365. of the	48782
Revised Code, as it is revised by this act, shall begin operation	48783
for the 2015-2016 school year. Beginning on the effective date of	48784
this section, the Department of Education, State Board of	48785
Education, and Chancellor of the Ohio Board of Regents shall take	48786
the necessary steps to adopt rules, guidelines, and procedures and	48787
to create any necessary forms and documents so that the College	48788
Credit Plus Program is fully operational for the 2015-2016 school	48789
year in accordance with Chapter 3365. of the Revised Code, as it	48790
is revised by this act.	48791

(B) In accordance with division (A) of this section, all	48792
participants who enroll, or who have taken preliminary action to	48793
enroll, in an institution of higher education for the 2014-2015	48794
school year pursuant to Chapter 3365. of the Revised Code, as it	48795
existed prior to the effective date of this section, or rules	48796
adopted under that version of that chapter, shall participate in	48797
the Post-Secondary Enrollment Options Program, as it existed prior	48798
to the effective date of this section. Participants enrolled in an	48799
institution of higher education under the Post-Secondary	48800
Enrollment Options Program during the 2014-2015 school year shall	48801
continue to be subject to the provisions of Chapter 3365. of the	48802
Revised Code, as it existed prior to the effective date of this	48803
section.	48804

(C) For the 2014-2015 school year, all participants who	48805
enroll, or who have taken preliminary action to enroll, in a dual	48806
enrollment program as defined in section 3313.6013 of the Revised	48807
Code, as it existed prior to the effective date of this section,	48808
to participate during that school year in the dual enrollment	48809
program shall participate under the specified dual enrollment	48810
program in which the student enrolled and shall continue to be	48811
subject to the provisions of section 3313.6013 of the Revised	48812
Code, as it existed prior to the effective date of this section.	48813

(D) Any agreement entered into for the 2014-2015 school year	48814
regarding either the Post-Secondary Enrollment Options Program	48815
under Chapter 3365. of the Revised Code, as it existed prior to	48816
the effective date of this section, or any dual enrollment	48817
program, as defined in section 3313.6013 of the Revised Code as it	48818
existed prior to the effective date of this section, shall	48819
continue in force, pursuant to the terms of that agreement, for	48820
the 2014-2015 school year.	48821

(E) For the 2013-2014 and 2014-2015 school years, the	48822
Department of Education shall make all payments that the	48823
Department is obligated to pay pursuant to section 3365.07 of the	48824
Revised Code, as it existed prior to the effective date of this	48825
section, for participants who enroll in an institution of higher	48826
education under Chapter 3365. of the Revised Code, as it existed	48827
prior to the effective date of this section.	48828

(F) For the 2014-2015 school year only, whenever the term	48829
"College Credit Plus Program" is used, referred to, or designated	48830
in any provision of the Revised Code outside of Chapter 3365. of	48831
the Revised Code, the use, reference, or designation shall be	48832
construed to mean the "Post-Secondary Enrollment Options Program."	48833

Section 733.30. Not later than December 31, 2014, the	48834
Chancellor of the Ohio Board of Regents shall submit	48835
recommendations on future efforts to promote postsecondary	48836
globalization in the state to the Governor, the Speaker of the	48837
House of Representatives, and the President of the Senate.	48838

In developing the recommendations required by this section,	48839
the Chancellor shall study current international postsecondary	48840
student recruitment practices and enrollment in the state and the	48841
retention of international postsecondary students in the state	48842
upon graduation. The Chancellor also shall consult with	48843
institutions of higher education, state agencies, community	48844
organizations, and members of the business community.	48845

The Chancellor shall include recommendations regarding future	48846
efforts to promote the state's postsecondary globalization which	48847
consider implications of, and opportunities for, encouraging	48848
international students to remain in the state after graduation.	48849
The Chancellor shall place a particular emphasis on the economic	48850
impact and effects on workforce development and shall identify	48851
provisions of state and federal law that could potentially limit	48852
the implementation of the recommendations.	48853

Section 733.40. Not later than December 31, 2014, each state	48854
university, as defined in section 3345.011 of the Revised Code,	48855
and the Northeast Ohio Medical University shall report to the	48856
Chancellor of the Ohio Board of Regents on the institution's	48857
faculty workload policy and procedures. The report shall include	48858
both of the following:	48859

(A) An evaluation of the institution's current faculty	48860
workload policy and procedures;	48861

(B) The institution's recommendations to modify its faculty	48862
workload policy, by June 30, 2017, to increase the institution's	48863
aggregate faculty workload by ten per cent in the combined areas	48864
of instruction, advising, and research.	48865

Section 733.50. (A) The Chancellor of the Ohio Board of	48866
Regents, in consultation with the parties specified in division	48867
(B) of this section, shall develop recommendations for increasing	48868
the number of programs available to adults who have not obtained a	48869
high school diploma that offer credentials equivalent to a high	48870
school diploma and also provide career pathways, such as an	48871
associate degree, industry credential, or other type of career	48872
training.	48873

(B) In developing recommendations under division (A) of this	48874
section, the Chancellor shall consult with all of the following:	48875

(1) The Superintendent of Public Instruction;

48876

(2) Representatives of the Governor's Office of Workforce	48877
Transformation, the Department of Job and Family Services, and the	48878
Ohio Association of Community Colleges;	48879

(3) Representatives of career-technical planning districts	48880
that provide post-secondary workforce education;	48881

(4) Representatives of programs that provide adult basic and	48882
literacy education;	48883

(5) Representatives of any other interested parties at the	48884
Chancellor's discretion.	48885

(C) Not later than December 31, 2014, the Chancellor shall	48886
prepare a report of the recommendations developed under division	48887
(A) of this section and submit it to the Governor, the President	48888
of the Senate, and the Speaker of the House of Representatives.	48889

Section 747.10. LICENSING PERIOD FOR TERMINAL DISTRIBUTORS OF	48890
DANGEROUS DRUGS	48891

In the case of a terminal distributor of dangerous drugs	48892
holding a license issued or renewed pursuant to section 4729.54 of	48893
the Revised Code that is valid on the effective date of this	48894
section, the license remains in effect until April 1, 2015, unless	48895
earlier revoked or suspended. The license holder is subject to the	48896
renewal schedule established by division (I) of section 4729.54 of	48897
the Revised Code, as amended by this act.	48898

Section 751.10. OFFICE OF HUMAN SERVICES INNOVATION

48899

(A) There is hereby established in the Department of Job and	48900
Family Services the Office of Human Services Innovation. The	48901
Director of Job and Family Services shall establish the Office's	48902
organizational structure, may reassign the Department's staff and	48903
resources as necessary to support the Office's activities, and is	48904
responsible for the Office's operations. The Superintendent of	48905
Public Instruction, Chancellor of the Ohio Board of Regents,	48906
Director of the Governor's Office of Workforce Transformation, and	48907
Director of the Governor's Office of Health Transformation shall	48908
assist the Director of Job and Family Services with leadership and	48909
organizational support for the Office.	48910

(B) Not later than January 1, 2015, the Office shall submit	48911
to the Governor recommendations for all of the following:	48912

(1) Coordinating services across all public assistance	48913
programs to help individuals find employment, succeed at work, and	48914
stay out of poverty;	48915

(2) Revising incentives for public assistance programs to	48916
foster person-centered case management;	48917

(3) Standardizing and automating eligibility determination	48918
policies and processes for public assistance programs;	48919

(4) Other matters the Office considers appropriate.

48920

(C) In its development of the recommendations under division	48921
(B) of this section, the Office shall do both of the following:	48922

(1) Have as its goal the coordination and reform of state	48923
programs to assist Ohioans in preparing for life and the dignity	48924
of work and to promote individual responsibility and work	48925
opportunity;	48926

(2) Not later than three months after the effective date of	48927
this section, establish clear principles to guide the development	48928
of the recommendations, clearly identify problems to be addressed	48929
in the recommendations, and make an inventory of all existing	48930
state and other resources that the Office considers relevant to	48931
the development of the recommendations.	48932

(D) The Office shall convene and coordinate the directors and	48933
staff of the departments, agencies, boards, commissions, and	48934
institutions of the executive branch of the state as necessary to	48935
develop the recommendations to be submitted to the Governor under	48936
division (B) of this section. The departments, agencies, boards,	48937
commissions, and institutions shall comply with all requests and	48938
directives that the Office makes, subject to the supervision of	48939
the directors of the departments, agencies, offices, boards, and	48940
commissions. The Office also shall convene other individuals	48941
interested in the issues that the Office addresses in the	48942
development of the recommendations to obtain such individuals'	48943
input on, and support for, the recommendations.	48944

Section 751.20. WORKFORCE INTEGRATION TASK FORCE

48945

(A) A workforce integration task force for individuals who	48946
are deaf or blind is hereby established within the Opportunities	48947
for Ohioans with Disabilities Agency. The task force shall be	48948
co-chaired by the Executive Director of the Opportunities for	48949
Ohioans with Disabilities Agency and the Director of the	48950
Department of Job and Family Services. The co-chairs shall appoint	48951
the members of the task force.	48952

(B) The task force shall collect data on the following	48953
regarding individuals who are deaf or blind in Ohio:	48954

(1) The average income levels for those individuals who are	48955
employed compared to those who are not employed;	48956

(2) The number of those individuals;

48957

(3) Where those individuals are geographically located;

48958

(4) The number of those individuals who are employed and in	48959
what job categories they are employed;	48960

(5) Whether barriers to employment exist for those	48961
individuals.	48962

(C) The task force shall use the data collected and any other	48963
information necessary to make recommendations regarding how those	48964
individuals may be more fully integrated into the workforce to	48965
increase employability and income parity. The task force shall	48966
issue a report of its findings and recommendations to the Governor	48967
not later than January 1, 2015. Upon issuance of its report, the	48968
task force ceases to exist.	48969

Section 751.30. COMMUNITY MENTAL HEALTH AND DRUG ADDICTION	48970
SERVICES FOR RETURNING OFFENDERS	48971

(A) As used in this section:

48972

"Returning offender" means an individual who is released from	48973
confinement in a state correctional facility to live in the	48974
community on or after the effective date of this section.	48975

"State correctional facility" has the same meaning as in	48976
section 2967.01 of the Revised Code.	48977

(B) Subject to division (C) of this section, the boards of	48978
alcohol, drug addiction, and mental health services serving	48979
Cuyahoga, Franklin, Hamilton, Montgomery, and Summit counties	48980
shall prioritize the use of funds made available to the boards by	48981
the Department of Mental Health and Addiction Services under Am.	48982
Sub. H.B. 59 of the 130th General Assembly to temporarily assist	48983
returning offenders who have severe mental illnesses, severe	48984
substance use disorders, or both, and reside in the alcohol, drug	48985
addiction, and mental health service districts the boards serve,	48986
obtain Medicaid-covered community mental health services,	48987
Medicaid-covered community drug addiction services, or both. A	48988
board shall provide the temporary assistance to such a returning	48989
offender regardless of whether the returning offender resided in	48990
the district the board serves before being confined in a state	48991
correctional facility. Such a returning offender's priority for	48992
the temporary assistance shall end on the earlier of the	48993
following:	48994

(1) The date that the offender is enrolled in the Medicaid	48995
program or, if applicable, the date that the suspension of the	48996
offender's Medicaid eligibility ends pursuant to section 5163.45	48997
of the Revised Code;	48998

(2) Sixty days after the offender is released from	48999
confinement in a state correctional facility.	49000

(C) The assistance provided to returning offenders under this	49001
section shall not receive priority over community addiction	49002
services that are prioritized under section 340.15 of the Revised	49003
Code or the program for pregnant women with drug addictions	49004
developed under section 5119.17 of the Revised Code.	49005

Section 751.40. SUPPORT FOR START TALKING! INITIATIVE

49006

The Director of Mental Health and Addiction Services shall	49007
designate an employee who is certified as a prevention specialist	49008
by the Chemical Dependency Professionals Board to serve as	49009
coordinator for the Start Talking! Initiative and to assist with	49010
statewide efforts to prevent substance abuse among children.	49011

Section 757.10. (A) As used in this section, "net additional	49012
tax" means, in the case of a wholesale dealer, the net additional	49013
amount of tax resulting from the amendment by this act of section	49014
5743.02 of the Revised Code, less the discount allowed under	49015
section 5743.05 of the Revised Code as a commission for affixing	49016
and canceling stamps, that is due on all packages of Ohio stamped	49017
cigarettes and on all unaffixed Ohio cigarette tax stamps that the	49018
wholesale dealer has on hand as of the beginning of business on	49019
July 1, 2014, and on July 1, 2015, respectively and, in the case	49020
of a retail dealer, means the net additional amount of tax	49021
resulting from the amendment by this act of section 5743.02 of the	49022
Revised Code that is due on all packages of Ohio stamped	49023
cigarettes and on all unaffixed Ohio cigarette tax stamps that the	49024
retail dealer has on hand as of the beginning of business on July	49025
1, 2014, and on July 1, 2015, respectively.	49026

(B) In addition to the return required under section 5743.03	49027
of the Revised Code, each wholesale dealer and each retail dealer	49028
shall make and file a return on forms prescribed by the tax	49029
commissioner showing the net additional tax due and any other	49030
information that the commissioner considers necessary to apply	49031
sections 5743.01 to 5743.20 of the Revised Code in the	49032
administration of the net additional tax. On or before September	49033
30, 2014, and September 30, 2015, respectively, each wholesale	49034
dealer and each retail dealer shall deliver the return to the	49035
commissioner, together with remittance of the net additional tax	49036
shown on the return to be due.	49037

(C) Any wholesale or retail dealer who fails to file a return	49038
or remit net additional tax as required under this section shall	49039
forfeit and pay into the state treasury a late charge equal to	49040
fifty dollars or ten per cent of the net additional tax due,	49041
whichever is greater.	49042

(D) Unpaid or unreported net additional taxes and late	49043
charges may be collected by assessment in the manner prescribed	49044
under sections 5743.081 and 5743.082 of the Revised Code.	49045

(E) All amounts collected under this section shall be	49046
considered revenue arising from the tax imposed by section 5743.02	49047
of the Revised Code.	49048

Section 757.20. (A) As used in this section:

49049

(1) "Certificate owner" and "qualified rehabilitation	49050
expenditures" have the same meanings as in section 149.311 of the	49051
Revised Code.	49052

(2) "Taxpayer," "tax period," "excluded person," "combined	49053
taxpayer," and "consolidated elected taxpayer," have the same	49054
meanings as in section 5751.01 of the Revised Code.	49055

(3) "Pass-through entity" has the same meaning as in section	49056
5733.04 of the Revised Code.	49057

(B) A taxpayer that is the certificate owner of a	49058
rehabilitation tax credit certificate issued under section 149.311	49059
of the Revised Code may claim a credit against the tax levied by	49060
section 5751.02 of the Revised Code for tax periods ending on or	49061
before June 30, 2015, provided that the taxpayer is unable to	49062
claim the credit under section 5725.151, 5725.34, 5726.52,	49063
5729.17, 5733.47, or 5747.76 of the Revised Code.	49064

The credit shall equal the lesser of twenty-five per cent of	49065
the dollar amount of the qualified rehabilitation expenditures	49066
indicated on the certificate or five million dollars. The credit	49067
shall be claimed for the calendar year specified in the	49068
certificate and after the credits authorized in divisions (A)(1)	49069
to (4) of section 5751.98 of the Revised Code, but before the	49070
credits authorized in divisions (A)(5) to (7) of that section.	49071

If the credit allowed for any calendar year exceeds the tax	49072
otherwise due under section 5751.02 of the Revised Code, after	49073
allowing for any other credits preceding the credit in the order	49074
prescribed by this section, the excess shall be refunded to the	49075
taxpayer. However, if any amount of the credit is refunded, the	49076
sum of the amount refunded and the amount applied to reduce the	49077
tax otherwise due for that year shall not exceed three million	49078
dollars. The taxpayer may carry forward any balance of the credit	49079
in excess of the amount claimed for that year for not more than	49080
five calendar years after the calendar year specified in the	49081
certificate, and shall deduct any amount claimed in any such year	49082
from the amount claimed in an ensuing year.	49083

A person that is an excluded person may file a return under	49084
section 5751.051 of the Revised Code for the purpose of claiming	49085
the credit authorized in this section.	49086

If the certificate owner is a pass-through entity, the credit	49087
may not be allocated among the entity's owners in proportions or	49088
amounts as the owners mutually agree unless either the owners are	49089
part of the same combined or consolidated elected taxpayer as the	49090
pass-through entity or the director of development services issued	49091
the certificate in the name of the pass-through entity's owners in	49092
the agreed-upon proportions or amounts. If the credit is allocated	49093
among those owners, an owner may claim the credit authorized in	49094
this section only if that owner is a corporation or an association	49095
taxed as a corporation for federal income tax purposes and is not	49096
a corporation that has made an election under Subchapter S of	49097
Chapter 1 of Subtitle A of the Internal Revenue Code.	49098

The credit authorized in this section may be claimed only on	49099
the basis of a rehabilitation tax credit certificate obtained by a	49100
certificate holder after December 31, 2013, but before June 30,	49101
2015.	49102

A taxpayer claiming a credit under this section shall retain	49103
the rehabilitation tax credit certificate for four years following	49104
the end of the latest calendar year in which the credit was	49105
applied, and shall make the certificate available for inspection	49106
by the tax commissioner upon request.	49107

Section 759.10. State agencies that are required to apply for	49108
approval to the State Approving Agency at the Ohio Department of	49109
Veterans Services under section 5903.05 of the Revised Code shall	49110
do so initially not later than December 31, 2014.	49111

Section 759.20. A licensing agency that is required to adopt	49112
rules under section 5903.04 of the Revised Code shall adopt	49113
initial rules not later than December 31, 2014.	49114

Section 759.30. The Director of Veterans Services shall	49115
implement divisions (BB) to (EE) of section 5902.02 of the Revised	49116
Code not later than December 31, 2014.	49117

Section 803.10. The amendment by this act of section 122.86	49118
of the Revised Code applies to any qualifying investment made on	49119
or after July 1, 2011, including any qualifying investment made on	49120
or after July 1, 2013.	49121

Section 803.20. The Agricultural Pollution Abatement Fund	49122
that is created in section 939.11 of the Revised Code, as enacted	49123
by this act, is a continuation of the Agricultural Pollution	49124
Abatement Fund that was created in section 1511.071 of the Revised	49125
Code prior to its repeal by this act. Money credited to the Fund	49126
under section 1511.071 of the Revised Code, as repealed by this	49127
act, shall be used for the purposes specified in section 939.11 of	49128
the Revised Code, as enacted by this act.	49129

Section 803.30. Operation and management plans that were	49130
developed or approved under Chapter 1511. or 1515. of the Revised	49131
Code prior to the amendment of those chapters by this act continue	49132
in effect as nutrient management plans under Chapter 939. or 1515.	49133
of the Revised Code as enacted or amended by this act, as	49134
applicable.	49135

Section 803.40. The amendments made by section 101.01 of	49136
this act to sections 4123.01, 4123.26, 4123.29, 4123.292, 4123.54,	49137
and 4123.82 of the Revised Code apply to claims that arise on or	49138
after the effective date of those amendments.	49139

Section 803.50. This act applies to an appeal filed pursuant	49140
to section 4123.512 of the Revised Code, as amended by this act,	49141
on or after the effective date of this act.	49142

Section 803.60. The amendment by this act of sections	49143
5743.01, 5743.51, 5743.62, 5743.63, and 5743.65 of the Revised	49144
Code applies to invoices dated on or after July 1, 2014.	49145

Section 803.70. The amendment by this act of section 5747.02	49146
of the Revised Code applies to taxable years beginning on or after	49147
January 1, 2014.	49148

Section 803.80. The amendment by this act of section 5751.03	49149
of the Revised Code applies to tax periods beginning on or after	49150
July 1, 2014.	49151

Section 806.10. The items of law contained in this act, and	49152
their applications, are severable. If any item of law contained in	49153
this act, or if any application of any item of law contained in	49154
this act, is held invalid, the invalidity does not affect other	49155
items of law contained in this and their applications that can be	49156
given effect without the invalid item of law or application.	49157

Section 812.10. Except as otherwise provided in this act, the	49158
amendment, enactment, or repeal by this act of a section is	49159
subject to the referendum under Ohio Constitution, Article II,	49160
Section 1c and therefore takes effect on the ninety-first day	49161
after this act is filed with the Secretary of State or, if a later	49162
effective date is specified below, on that date.	49163

Sections 901.22, 903.01, 903.03, 903.04, 903.07, 903.082,	49164
903.09, 903.10, 903.11, 903.12, 903.13, 903.16, 903.17, 903.25,	49165
939.01, 939.02, 939.03, 1511.022 (939.04), 939.05, 939.06, 939.07,	49166
939.08, 939.09, 939.10, 939.11, 941.14, 953.22, 1511.01, 1511.02,	49167
1511.021, 1511.023, 1511.05, 1511.07, 1511.071, 1511.09, 1511.99,	49168
1515.01, 1515.02, 1515.08, 3734.02, 3734.029, 3745.70, 6111.03,	49169
6111.04, and 6111.44 of the Revised Code take effect on January 1,	49170
2015.	49171

Section 4125.05 of the Revised Code takes effect July 1,	49172
2015.	49173

Sections 515.10, 709.10, 715.10, 803.20, and 803.30 of this	49174
act take effect January 1, 2015.	49175

Section 812.20. The amendment, enactment, or repeal by this	49176
act of the sections listed below is exempt from the referendum	49177
under Ohio Constitution, Article II, Section 1d and section 1.471	49178
of the Revised Code and therefore takes effect immediately when	49179
this act becomes law or, if a later effective date is specified	49180
below, on that date.	49181

Section 5751.03 of the Revised Code.

49182

Sections 190.01, 190.02, 190.03, 190.04, 321.50, 1509.34,	49183
1509.50, 5703.052, 5743.02, 5743.32, 5749.01, 5749.02, 5749.03,	49184
5749.031, 5749.04, 5749.06, 5749.07, 5749.08, 5749.10, 5749.12,	49185
5749.13, 5749.14, 5749.15, and 5749.17 of the Revised Code take	49186
effect July 1, 2014.	49187

Sections 503.20, 512.10, 512.20, 512.30, 512.40, 751.40,	49188
803.80, 812.10, 812.20, and 812.30 of this act.	49189

Section 812.30. The sections that are listed in the left-hand	49190
column of the following table combine amendments by this act that	49191
are and that are not exempt from the referendum under Ohio	49192
Constitution, Article II, sections 1c and 1d and section 1.471 of	49193
the Revised Code.	49194

The middle column identifies the amendments to the listed	49195
sections that are subject to the referendum under Ohio	49196
Constitution, Article II, section 1c and therefore take effect on	49197
the ninety-first day after this act is filed with the Secretary of	49198
State or, if a later effective date is specified, on that date.	49199

The right-hand column identifies the amendments to the listed	49200
sections that are exempt from the referendum under Ohio	49201
Constitution, Article II, section 1d and section 1.471 of the	49202
Revised Code and therefore take effect immediately when this act	49203
becomes law or, if a later effective date is specified, on that	49204
date.	49205

Section of law	Amendments subject to referendum	Amendments exempt from referendum	49206
1509.02	The amendment striking "1509.061"	All amendments except as described in the left-hand column take effect July 1, 2014	49207
1509.11	The amendments to divisions (A)(1) and (2)	All amendments except as described in the left-hand column take effect July 1, 2014	49208
5743.01	All amendments except as described in the right-hand column	The amendment striking division (Q) takes effect July 1, 2014	49209
5743.51	All amendments except as described in the right-hand column	The amendment to division (A) takes effect July 1, 2014	49210
5743.62	All amendments except as described in the right-hand column	The amendment to division (A) takes effect July 1, 2014	49211
5743.63	All amendments except as described in the right-hand column	The amendment to division (A) takes effect July 1, 2014	49212

Section 815.10. The General Assembly, applying the principle	49213
stated in division (B) of section 1.52 of the Revised Code that	49214
amendments are to be harmonized if reasonably capable of	49215
simultaneous operation, finds that the following sections,	49216
presented in this act as composites of the sections as amended by	49217
the acts indicated, are the resulting versions of the sections in	49218
effect prior to the effective date of the sections as presented in	49219
this act:	49220

Section 3772.10 of the Revised Code as amended by both Am.	49221
Sub. H.B. 386 and Am. Sub. S.B. 337 of the 129th General Assembly.	49222

Section 4123.26 of the Revised Code as amended by both Am.	49223
Sub. H.B. 562 and Am. Sub. S.B. 334 of the 127th General Assembly.	49224

Section 4731.36 of the Revised Code as amended by both Sub.	49225
H.B. 251 and Sub. S.B. 141 of the 129th General Assembly.	49226

Section 815.20. Division (J) of section 5751.20 of the	49227
Revised Code is amended by this act and also by H.B. 59 of the	49228
130th General Assembly (effective July 1, 2014). The amendments of	49229
H.B. 59 are included in this act to confirm the intention to	49230
retain them, but are not intended to be effective until July 1,	49231
2014.	49232