Am. Sub. H. B. No. 483 As Reported by the Committee of Conference

As Reported by the Committee of Conference

130th General Assembly

Regular Session

2013-2014

Am. Sub. H. B. No. 483

Representative Amstutz

Cosponsors: Representatives Sprague, McGregor, Grossman, Hackett, McClain, Sears, Stebelton, Wachtmann Speaker Batchelder
Senators Bacon, Burke, Coley, Faber, Oelslager, Peterson

A BILL

To amend sections 7.10, 7.16, 9.37, 9.482, 9.90,

9.91, 103.41, 103.63, 109.572, 109.5721, 118.27,

121.084, 122.12, 122.121, 122.861, 124.05, 124.32,

125.13, 125.18, 125.182, 126.21, 126.25, 133.06,

133.07, 149.311, 149.38, 153.56, 156.03, 163.15,

163.53, 163.54, 163.55, 164.26, 173.38, 173.391,

173.392, 173.47, 175.04, 175.05, 175.06, 191.01,

306.04, 307.982, 340.01, 340.02, 340.021, 340.03,

340.08, 340.09, 340.15, 341.12, 757.03, 757.04,

757.05, 757.06, 757.07, 757.08, 935.03, 935.12,

955.01, 955.05, 955.06, 1321.535, 1321.55,

1322.03, 1322.031, 1322.04, 1322.041, 1322.051,

1322.06, 1322.063, 1345.06, 1711.50, 1711.53,

1724.10, 1901.08, 2101.026, 2151.417, 2151.421,

2152.19, 2305.09, 2710.06, 2743.191, 2907.28,

2915.08, 2925.61, 2945.402, 3123.89, 3301.03,

3303.41, 3307.01, 3313.372, 3313.617, 3314.08,

3317.01, 3317.02, 3317.0217, 3318.36, 3358.03,

3517.20, 3701.132, 3701.34, 3701.74, 3701.83,

3702.511, 3702.52, 3702.526, 3702.59, 3702.71,

3702.74, 3702.75, 3702.91, 3702.95, 3721.02,

3730.09, 3735.31, 3737.02, 3745.71, 3772.02,

4121.02, 4141.01, 4141.06, 4141.09, 4141.11,

4141.131, 4141.20, 4141.25, 4141.29, 4141.35,

4301.07, 4303.021, 4503.44, 4511.191, 4715.14,

4715.30, 4715.302, 4717.10, 4723.28, 4723.486,

4723.487, 4725.092, 4725.16, 4725.19, 4729.12,

4729.51, 4729.54, 4729.541, 4729.65, 4729.80,

4729.83, 4729.86, 4730.25, 4730.48, 4730.53,

4731.055, 4731.15, 4731.155, 4731.22, 4731.24,

4731.241, 4731.281, 4737.045, 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,

4758.55, 4758.561, 4758.59, 4758.60, 4758.61,

4758.71, 4781.04, 4901.05, 4905.911, 4906.20,

4906.201, 4923.02, 5104.03, 5104.34, 5104.341,

5104.38, 5119.21, 5119.22, 5119.25, 5123.01,

5123.011, 5123.012, 5123.16, 5123.162, 5123.19,

5123.191, 5123.21, 5123.61, 5123.75, 5123.76,

5123.89, 5124.01, 5124.101, 5124.106, 5124.15,

5124.151, 5124.17, 5124.19, 5124.21, 5124.28,

5124.38, 5124.60, 5124.61, 5124.62, 5124.67,

5126.01, 5126.02, 5126.022, 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, 5153.21, 5153.42, 5164.34,

5165.10, 5165.106, 5165.15, 5165.23, 5165.25,

5165.65, 5165.68, 5513.01, 5531.10, 5533.051,

5703.052, 5703.21, 5705.10, 5709.12, 5709.17,

5709.40, 5713.012, 5727.111, 5739.05, 5739.09,

5747.02, 5747.025, and 5747.71; to amend for the

purpose of codifying and changing the number of

Section 323.280 of Am. Sub. H.B. 59 of the 130th

General Assembly to section 5165.157 of the

Revised Code; to enact sections 5.077, 9.54,

9.911, 164.261, 173.381, 175.053, 193.01, 193.03,

193.05, 193.07, 193.09, 306.14, 307.678, 307.6910,

307.863, 340.033, 340.034, 340.20, 341.121,

2929.201, 3123.90, 3302.15, 3313.351, 3313.902,

3314.38, 3317.036, 3317.23, 3317.231, 3317.24,

3326.29, 3345.56, 3345.86, 3721.122, 4121.443,

4715.15, 4723.433, 4729.861, 4730.093, 4731.77,

4741.49, 4758.48, 4758.62, 4758.63, 4758.64,

5101.061, 5101.90, 5101.91, 5101.92, 5103.05,

5103.051, 5119.362, 5119.363, 5119.364, 5119.365,

5122.36, 5123.0420, 5139.12, 5139.45, and 5155.28;

to repeal sections 121.92, 3125.191, 3702.93,

4171.03, 4171.04, 5124.63, 5124.64, and 5126.037

of the Revised Code; to amend Sections 207.10,

209.30, 221.10, 241.10, 245.10, 257.10, 257.20,

259.10, 259.210, 263.10, 263.40, 263.230, 263.240,

263.250, 263.270, 263.320, 263.325, 275.10,

282.10, 282.30, 285.10, 285.20, 301.10, 301.33,

301.40, 301.143, 327.10, 327.83, 333.10, 333.80,

340.10, 349.10, 359.10, 363.10, 365.10, 395.10,

403.10, 512.70, 512.80, and 751.10 of Am. Sub.

H.B. 59 of the 130th General Assembly; to amend

Sections 207.100, 207.250, 207.340, 207.440,

221.10, 223.10, 223.30, 223.40, 239.10, 253.330,

269.10, 509.80, and 701.50 of Am. H.B. 497 of the

130th General Assembly; to amend Section 9 of Am.

Sub. S.B. 206 of the 130th General Assembly; and

to repeal Section 747.40 of Am. Sub. H.B. 59 of

the 130th General Assembly to make operating and

other appropriations and to provide authorization

and conditions for the operation of state

programs.

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

Section 101.01. That sections 7.10, 7.16, 9.37, 9.482, 9.90,	89
9.91, 103.41, 103.63, 109.572, 109.5721, 118.27, 121.084, 122.12,	90
122.121, 122.861, 124.05, 124.32, 125.13, 125.18, 125.182, 126.21,	91
126.25, 133.06, 133.07, 149.311, 149.38, 153.56, 156.03, 163.15,	92
163.53, 163.54, 163.55, 164.26, 173.38, 173.391, 173.392, 173.47,	93
175.04, 175.05, 175.06, 191.01, 306.04, 307.982, 340.01, 340.02,	94
340.021, 340.03, 340.08, 340.09, 340.15, 341.12, 757.03, 757.04,	95
757.05, 757.06, 757.07, 757.08, 935.03, 935.12, 955.01, 955.05,	96
955.06, 1321.535, 1321.55, 1322.03, 1322.031, 1322.04, 1322.041,	97
1322.051, 1322.06, 1322.063, 1345.06, 1711.50, 1711.53, 1724.10,	98
1901.08, 2101.026, 2151.417, 2151.421, 2152.19, 2305.09, 2710.06,	99
2743.191, 2907.28, 2915.08, 2925.61, 2945.402, 3123.89, 3301.03,	100
3303.41, 3307.01, 3313.372, 3313.617, 3314.08, 3317.01, 3317.02,	101
3317.0217, 3318.36, 3358.03, 3517.20, 3701.132, 3701.34, 3701.74,	102
3701.83, 3702.511, 3702.52, 3702.526, 3702.59, 3702.71, 3702.74,	103
3702.75, 3702.91, 3702.95, 3721.02, 3730.09, 3735.31, 3737.02,	104
3745.71, 3772.02, 4121.02, 4141.01, 4141.06, 4141.09, 4141.11,	105
4141.131, 4141.20, 4141.25, 4141.29, 4141.35, 4301.07, 4303.021,	106
4503.44, 4511.191, 4715.14, 4715.30, 4715.302, 4717.10, 4723.28,	107
4723.486, 4723.487, 4725.092, 4725.16, 4725.19, 4729.12, 4729.51,	108
4729.54, 4729.541, 4729.65, 4729.80, 4729.83, 4729.86, 4730.25,	109
4730.48, 4730.53, 4731.055, 4731.15, 4731.155, 4731.22, 4731.24,	110
4731.241, 4731.281, 4737.045, 4758.01, 4758.02, 4758.06, 4758.16,	111
4758.20, 4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 4758.29,	112
4758.30, 4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 4758.55,	113
4758.561, 4758.59, 4758.60, 4758.61, 4758.71, 4781.04, 4901.05,	114
4905.911, 4906.20, 4906.201, 4923.02, 5104.03, 5104.34, 5104.341,	115
5104.38, 5119.21, 5119.22, 5119.25, 5123.01, 5123.011, 5123.012,	116
5123.16, 5123.162, 5123.19, 5123.191, 5123.21, 5123.61, 5123.75,	117
5123.76, 5123.89, 5124.01, 5124.101, 5124.106, 5124.15, 5124.151,	118
5124.17, 5124.19, 5124.21, 5124.28, 5124.38, 5124.60, 5124.61,	119
5124.62, 5124.67, 5126.01, 5126.02, 5126.022, 5126.0219, 5126.041,	120
5126.046, 5126.051, 5126.08, 5126.21, 5126.25, 5126.42, 5126.43,	121
5126.45, 5139.05, 5139.34, 5139.36, 5139.41, 5153.21, 5153.42,	122
5164.34, 5165.10, 5165.106, 5165.15, 5165.23, 5165.25, 5165.65,	123
5165.68, 5513.01, 5531.10, 5533.051, 5703.052, 5703.21, 5705.10,	124
5709.12, 5709.17, 5709.40, 5713.012, 5727.111, 5739.05, 5739.09,	125
5747.02, 5747.025, and 5747.71 be amended; Section 323.280 of Am.	126
Sub. H.B. 59 of the 130th General Assembly be amended and codified	127
as section 5165.157 of the Revised Code; and sections 5.077, 9.54,	128
9.911, 164.261, 173.381, 175.053, 193.01, 193.03, 193.05, 193.07,	129
193.09, 306.14, 307.678, 307.6910, 307.863, 340.033, 340.034,	130
340.20, 341.121, 2929.201, 3123.90, 3302.15, 3313.351, 3313.902,	131
3314.38, 3317.036, 3317.23, 3317.231, 3317.24, 3326.29, 3345.56,	132
3345.86, 3721.122, 4121.443, 4715.15, 4723.433, 4729.861,	133
4730.093, 4731.77, 4741.49, 4758.48, 4758.62, 4758.63, 4758.64,	134
5101.061, 5101.90, 5101.91, 5101.92, 5103.05, 5103.051, 5119.362,	135
5119.363, 5119.364, 5119.365, 5122.36, 5123.0420, 5139.12,	136
5139.45, and 5155.28 of the Revised Code be enacted to read as	137
follows:	138

Sec. 5.077. The museum located on the grounds of the Ohio	139
state reformatory, operated by the Mansfield reformatory	140
preservation society, is the official state penal museum.	141

Sec. 7.10. For the publication of advertisements, notices,	142
and proclamations, except those relating to proposed amendments to	143
the Ohio Constitution, required to be published by a public	144
officer of the state, a benevolent or other public institution, a	145
trustee, assignee, executor, or administrator, or by or in any	146
court of record, except when the rate is otherwise fixed by law,	147
publishers of newspapers may charge and receive for such	148
advertisements, notices, and proclamations rates charged on annual	149
contracts by them for a like amount of space to other advertisers	150
who advertise in its general display advertising columns.	151

For the publication of advertisements, notices, or	152
proclamations required to be published by a public officer of a	153
county, municipal corporation, township, school, or other	154
political subdivision, publishers of newspapers shall establish a	155
government rate~~, which shall include free publication of~~	156
~~advertisements, notices, or proclamations on the newspaper's~~	157
~~internet web site, if the newspaper has one~~. The government rate	158
shall not exceed the lowest classified advertising rate and lowest	159
insert rate paid by other advertisers.	160

Legal advertising appearing in print, except that relating to	161
proposed amendments to the Ohio Constitution, shall be set up in a	162
compact form, without unnecessary spaces, blanks, or headlines,	163
and printed in not smaller than six-point type. The type used must	164
be of such proportions that the body of the capital letter M is no	165
wider than it is high and all other letters and characters are in	166
proportion.	167

Except as provided in section 2701.09 of the Revised Code,	168
all legal advertisements or, notices, and proclamations shall be	169
printed in a newspaper of general circulation and shall be posted	170
by the publisher of the newspaper on the newspaper's internet web	171
site, if the newspaper has one. A publisher of a newspaper shall	172
not charge for posting legal advertisements, notices, and	173
proclamations that are required by law to be published in a	174
newspaper of general circulation on the newspaper's internet web	175
site.	176

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

177

(1) "State agency" means any organized body, office, agency,	178
institution, or other entity established by the laws of the state	179
for the exercise of any function of state government, including	180
state institutions of higher education, as defined in section	181
3345.011 of the Revised Code.	182

(2) "Political subdivision" has the meaning defined in	183
section 2744.01 of the Revised Code.	184

(B) If a section of the Revised Code or an administrative	185
rule requires a state agency or a political subdivision to publish	186
a notice or advertisement two or more times in a newspaper of	187
general circulation and the section or administrative rule refers	188
to this section, the first publication of the notice or	189
advertisement shall be made in its entirety in a newspaper of	190
general circulation and may be made in a preprinted insert in the	191
newspaper, but the second publication otherwise required by that	192
section or administrative rule may be made in abbreviated form in	193
a newspaper of general circulation in the state or in the	194
political subdivision, as designated in that section or	195
administrative rule, and on the newspaper's internet web site, if	196
the newspaper has one. The state agency or political subdivision	197
may eliminate any further newspaper publications required by that	198
section or administrative rule, provided that the second,	199
abbreviated notice or advertisement meets all of the following	200
requirements:	201

(1) It is published in the newspaper of general circulation	202
in which the first publication of the notice or advertisement was	203
made ~~and is published on that newspaper's internet web site, if~~	204
~~the newspaper has one~~.	205

(2) It is ~~published~~posted by the publisher of the newspaper	206
on the ~~state~~official public notice web site established under	207
section 125.182 of the Revised Code. The publisher shall post the	208
required notice or advertisement on the web site at no additional	209
cost.	210

(3) It includes a title, followed by a summary paragraph or	211
statement that clearly describes the specific purpose of the	212
notice or advertisement, and includes a statement that the notice	213
or advertisement is posted in its entirety on the ~~state~~official	214
public notice web site. The notice or advertisement also may be	215
posted on the state agency's or political subdivision's internet	216
web site.	217

(4) It includes the internet ~~addresses~~address of the ~~state~~	218
official public notice web site~~, and of the newspaper's and state~~	219
~~agency's or political subdivision's internet web site if the~~	220
~~notice or advertisement is posted on those web sites,~~ and the	221
name, address, telephone number, and electronic mail address of	222
the state agency, political subdivision, or other party	223
responsible for publication of the notice or advertisement.	224

(C) A notice or advertisement published under this section on	225
an internet web site shall be published in its entirety in	226
accordance with the section of the Revised Code or the	227
administrative rule that requires the publication.	228

(D) If the ~~state~~official public notice web site established	229
under section 125.182 of the Revised Code is not operational, the	230
state agency or political subdivision shall not publish a notice	231
or advertisement under this section, but instead shall comply with	232
the publication requirements of the section of the Revised Code or	233
the administrative rule that refers to this section.	234

Sec. 9.37. (A) As used in this section, "public official"	235
means any elected or appointed officer, employee, or agent of the	236
state, any state institution of higher education, any political	237
subdivision, board, commission, bureau, or other public body	238
established by law. "State institution of higher education" means	239
any state university or college as defined in division (A)(1) of	240
section 3345.12 of the Revised Code, community college, state	241
community college, university branch, or technical college.	242

(B) Except as provided in divisions (F) and (G) of this	243
section, any public official may make by direct deposit of funds	244
by electronic transfer, if the payee provides a written	245
authorization designating a financial institution and an account	246
number to which the payment is to be credited, any payment such	247
public official is permitted or required by law in the performance	248
of official duties to make by issuing a check or warrant.	249

(C) Such public official may contract with a financial	250
institution for the services necessary to make direct deposits and	251
draw lump-sum checks or warrants payable to that institution in	252
the amount of the payments to be transferred.	253

(D) Before making any direct deposit as authorized under this	254
section, the public official shall ascertain that the account from	255
which the payment is to be made contains sufficient funds to cover	256
the amount of the payment.	257

(E) If the issuance of checks and warrants by a public	258
official requires authorization by a governing board, commission,	259
bureau, or other public body having jurisdiction over the public	260
official, the public official may only make direct deposits and	261
contracts under this section pursuant to a resolution of	262
authorization duly adopted by such governing board, commission,	263
bureau, or other public body.	264

(F) Pursuant to sections 307.55, 319.16, and 321.15 of the	265
Revised Code, a county auditor may issue, and a county treasurer	266
may redeem, electronic warrants authorizing direct deposit for	267
payment of county obligations in accordance with rules adopted by	268
the director of budget and management pursuant to Chapter 119. of	269
the Revised Code.	270

(G) The legislative authority of a municipal corporation, for	271
~~employees~~public officials of the municipal corporation, a county	272
auditor, for county ~~employees~~public officials, or a board of	273
township trustees, for township ~~employees~~public officials, may	274
adopt a direct deposit payroll policy under which all ~~employees~~	275
public officials of the municipal corporation, all county	276
~~employees~~public officials, or all township ~~employees~~public	277
officials, as the case may be, provide a written authorization	278
designating a financial institution and an account number to which	279
payment of the ~~employee's~~public official's compensation shall be	280
credited under the municipal corporation's, county's, or	281
township's direct deposit payroll policy. The direct deposit	282
payroll policy adopted by the legislative authority of a municipal	283
corporation, a county auditor, or a board of township trustees may	284
exempt from the direct deposit requirement those municipal,	285
county, or township ~~employees~~public officials who cannot provide	286
an account number, or for other reasons specified in the policy.	287
The written authorization is not a public record under section	288
149.43 of the Revised Code.	289

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

290

(1) "Political subdivision" has the meaning defined in	291
section 2744.01 of the Revised Code.	292

(2) "State agency" means any organized body, office, agency,	293
institution, or other entity established by the laws of the state	294
for the exercise of any function of state government. The term	295
includes a state institution of higher education as defined in	296
section 3345.011 of the Revised Code.	297

(B)(1) When legally authorized ~~by their respective~~	298
~~legislative authorities~~to do so, a political subdivision may	299
enter into an agreement with another political subdivision or a	300
state agency whereby athe contracting political subdivision or	301
state agency agrees to exercise any power, perform any function,	302
or render any service for ~~another~~the contracting recipient	303
political subdivision that the contracting recipient political	304
subdivision is otherwise legally authorized to exercise, perform,	305
or render.	306

In(2) When legally authorized to do so, a state agency may	307
enter into an agreement with a political subdivision whereby the	308
contracting political subdivision agrees to exercise any power,	309
perform any function, or render any service for the contracting	310
recipient state agency that the contracting recipient state agency	311
is otherwise legally authorized to exercise, perform, or render.	312

(C) In the absence in the agreement of provisions determining	313
by what officer, office, department, agency, or other authority	314
the powers and duties of a contracting political subdivision shall	315
be exercised or performed, the legislative authority of the	316
contracting political subdivision shall determine and assign the	317
powers and duties.	318

An agreement shall not suspend the possession by a	319
contracting recipient political subdivision or state agency of any	320
power or function that is exercised or performed on its behalf by	321
~~another~~the other contracting political subdivision or the	322
contracting state agency under the agreement.	323

A political subdivision shall not enter into an agreement to	324
levy any tax or to exercise, with regard to public moneys, any	325
investment powers, perform any investment function, or render any	326
investment service on behalf of a contracting subdivision. Nothing	327
in this paragraph prohibits a political subdivision from entering	328
into an agreement to collect, administer, or enforce any tax on	329
behalf of another political subdivision or to limit the authority	330
of political subdivisions to create and operate joint economic	331
development zones or joint economic development districts as	332
provided in sections 715.69 to 715.83 of the Revised Code.	333

~~(C)~~(D) No county elected officer may be required to exercise	334
any power, perform any function, or render any service under an	335
agreement entered into under this section without the written	336
consent of the county elected officer. No county may enter into an	337
agreement under this section for the exercise, performance, or	338
rendering of any statutory powers, functions, or services of any	339
county elected officer without the written consent of the county	340
elected officer.	341

~~(D)~~(E) No power shall be exercised, no function shall be	342
performed, and no service shall be rendered by a contracting	343
political subdivision or state agency pursuant to an agreement	344
entered into under this section within a political subdivision	345
that is not a party to the agreement, without first obtaining the	346
written consent of the political subdivision that is not a party	347
to the agreement and within which the power is to be exercised, a	348
function is to be performed, or a service is to be rendered.	349

~~(E)~~(F) Chapter 2744. of the Revised Code, insofar as it	350
applies to the operation of a political subdivision, applies to	351
the political subdivisions that are parties to an agreement and to	352
their employees when they are rendering a service outside the	353
boundaries of their employing political subdivision under the	354
agreement. Employees acting outside the boundaries of their	355
employing political subdivision while providing a service under an	356
agreement may participate in any pension or indemnity fund	357
established by the political subdivision to the same extent as	358
while they are acting within the boundaries of the political	359
subdivision, and are entitled to all the rights and benefits of	360
Chapter 4123. of the Revised Code to the same extent as while they	361
are performing a service within the boundaries of the political	362
subdivision.	363

Sec. 9.54. Whoever erects or replaces a sign containing the	364
international symbol of access shall use forms of the word	365
"accessible" rather than forms of the words "handicapped" or	366
"disabled" whenever words are included on the sign.	367

Sec. 9.90. (A) The board of trustees or other governing body	368
of a state institution of higher education, as defined in section	369
3345.011 of the Revised Code, board of education of a school	370
district, or governing board of an educational service center may,	371
in addition to all other powers provided in the Revised Code:	372

(1) Contract for, purchase, or otherwise procure from an	373
insurer or insurers licensed to do business by the state of Ohio	374
for or on behalf of such of its employees as it may determine,	375
life insurance, or sickness, accident, annuity, endowment, health,	376
medical, hospital, dental, or surgical coverage and benefits, or	377
any combination thereof, by means of insurance plans or other	378
types of coverage, family, group or otherwise, and may pay from	379
funds under its control and available for such purpose all or any	380
portion of the cost, premium, or charge for such insurance,	381
coverage, or benefits. However, the governing board, in addition	382
to or as an alternative to the authority otherwise granted by	383
division (A)(1) of this section, may elect to procure coverage for	384
health care services, for or on behalf of such of its employees as	385
it may determine, by means of policies, contracts, certificates,	386
or agreements issued by at least two health insuring corporations	387
holding a certificate of authority under Chapter 1751. of the	388
Revised Code and may pay from funds under the governing board's	389
control and available for such purpose all or any portion of the	390
cost of such coverage.	391

(2) Make payments to a custodial account for investment in	392
regulated investment company stock ~~for the purpose of providing~~	393
~~retirement benefits as described in section 403(b)(7) of the~~that	394
is treated as an annuity under Internal Revenue Code ~~of 1954, as~~	395
~~amended. Such stock shall be purchased only from persons~~	396
~~authorized to sell such stock in this state~~section 403(b).	397

Any income of an employee deferred under divisions (A)(1) and	398
(2) of this section in a deferred compensation program eligible	399
for favorable tax treatment under the Internal Revenue Code of	400
~~1954, as amended,~~ shall continue to be included as regular	401
compensation for the purpose of computing the contributions to and	402
benefits from the retirement system of such employee. Any sum so	403
deferred shall not be included in the computation of any federal	404
and state income taxes withheld on behalf of any such employee.	405

(B) All or any portion of the cost, premium, or charge	406
therefor may be paid in such other manner or combination of	407
manners as the board or governing body may determine, including	408
direct payment by the employee in cases under division (A)(1) of	409
this section, and, if authorized in writing by the employee in	410
cases under division (A)(1) or (2) of this section, by the board	411
or governing body with moneys made available by deduction from or	412
reduction in salary or wages or by the foregoing of a salary or	413
wage increase. Nothing in section 3917.01 or section 3917.06 of	414
the Revised Code shall prohibit the issuance or purchase of group	415
life insurance authorized by this section by reason of payment of	416
premiums therefor by the board or governing body from its funds,	417
and such group life insurance may be so issued and purchased if	418
otherwise consistent with the provisions of sections 3917.01 to	419
3917.07 of the Revised Code.	420

(C) The board of education of any school district may	421
exercise any of the powers granted to the governing boards of	422
public institutions of higher education under divisions (A) and	423
(B) of this section. All health care benefits provided to persons	424
employed by the public schools of this state shall be through	425
health care plans that contain best practices established by the	426
department of administrative services pursuant to section 9.901 of	427
the Revised Code.	428

Sec. 9.91. If ~~the governing board of a public institution of~~	429
~~higher education or~~ the board of education of a school district	430
procures a tax-sheltered annuity for an employee, pursuant to	431
section 9.90 of the Revised Code, that meets the requirements of	432
~~section 403(b) of the~~ Internal Revenue Code ~~of 1954, 26 U.S.C.A.~~	433
section 403(b), the employee has the right to designate the	434
licensed agent, broker, or company through whom the board shall	435
arrange for the placement or purchase of the tax-sheltered	436
annuity. In any case in which the employee has designated such an	437
agent, broker, or company, the board shall comply with the	438
designation, provided that the board may impose either or both of	439
the following as conditions to complying with any such	440
designations:	441

(A) The designee must execute a reasonable agreement	442
protecting the institution or district from any liability	443
attendant to procuring the annuity;	444

(B) The designee must be designated by a number of employees	445
equal to at least one per cent of the board's full-time employees	446
or at least five employees, whichever is greater, except that the	447
board may not require that the agent, broker, or company be	448
designated by more than fifty employees.	449

Sec. 9.911. (A) An annuity contract or custodial account	450
procured for an employee of a public institution of higher	451
education pursuant to section 9.90 of the Revised Code shall	452
comply with both of the following:	453

(1) The annuity contract or custodial account must meet the	454
requirements of Internal Revenue Code section 403(b).	455

(2) The institution, in its sole and absolute discretion,	456
shall arrange for the procurement of the annuity contract or	457
custodial account by doing one of the following:	458

(a) Selecting a minimum of four providers of annuity	459
contracts or custodial accounts through a selection process	460
determined by the institution in its sole and absolute discretion,	461
except that if fewer than four providers are available the	462
institution shall select the number of providers available.	463

(b) Subject to division (D) of this section, allowing each	464
eligible employee to designate a licensed agent, broker, or	465
company as a provider.	466

(B) Division (A)(2)(a) of this section does not require a	467
public institution of higher education to select a provider if	468
either of the following is the case:	469

(1) The provider is not willing to provide an annuity	470
contract or custodial account at that public institution.	471

(2) The provider is not willing to agree to the terms and	472
conditions of the agreement described in division (E) of this	473
section.	474

(C) Designation as a provider under section 9.90 of the	475
Revised Code prior to the effective date of this section does not	476
give a licensed agent, broker, or company a right to be selected	477
as a provider under this section, but subject to division (D) of	478
this section, such a licensed agent, broker, or company shall	479
remain a provider until another provider is selected under	480
division (A)(2) of this section.	481

(D) If an employee designates a provider under division	482
(A)(2)(b) of this section, the employing institution shall comply	483
with the designation but may require either or both of the	484
following:	485

(1) That the provider enter into an agreement with the	486
institution that does either or both of the following:	487

(a) Prohibits the provider from transferring funds to a third	488
party without the express consent of the institution or its	489
authorized representative;	490

(b) Includes such other terms and conditions as are	491
established by the institution in its sole discretion.	492

(2) That the provider be designated by a number of employees	493
equal to at least one per cent of the institution's eligible	494
employees or at least five employees, whichever is greater, except	495
that the institution may not require that the provider be	496
designated by more than fifty employees.	497

(E) An institution may require a provider selected under	498
division (A)(2)(a) of this section to enter into an agreement with	499
the institution that does either or both of the following:	500

(1) Prohibits the provider from transferring funds to a third	501
party without the express consent of the institution or its	502
authorized representative;	503

(2) Includes such other terms and conditions as are	504
established by the institution in its sole discretion.	505

Sec. 103.41. (A) As used in sections 103.41 to 103.415 of	506
the Revised Code:	507

(1) "JMOC" means the joint medicaid oversight committee	508
created under this section.	509

(2) "State and local government medicaid agency" means all of	510
the following:	511

(a) The department of medicaid;

512

(b) The office of health transformation;

513

(c) Each state agency and political subdivision with which	514
the department of medicaid contracts under section 5162.35 of the	515
Revised Code to have the state agency or political subdivision	516
administer one or more components of the medicaid program, or one	517
or more aspects of a component, under the department's	518
supervision;	519

(d) Each agency of a political subdivision that is	520
responsible for administering one or more components of the	521
medicaid program, or one or more aspects of a component, under the	522
supervision of the department or a state agency or political	523
subdivision described in division (A)(2)(c) of this section.	524

(B) There is hereby created the joint medicaid oversight	525
committee. JMOC shall consist of the following members:	526

(1) Five members of the senate appointed by the president of	527
the senate, three of whom are members of the majority party and	528
two of whom are members of the minority party;	529

(2) Five members of the house of representatives appointed by	530
the speaker of the house of representatives, three of whom are	531
members of the majority party and two of whom are members of the	532
minority party.	533

(C) The term of each JMOC member shall begin on the day of	534
appointment to JMOC and end on the last day that the member serves	535
in the house (in the case of a member appointed by the speaker) or	536
senate (in the case of a member appointed by the president) during	537
the general assembly for which the member is appointed to JMOC.	538
The president and speaker shall make the initial appointments not	539
later than fifteen days after ~~the effective date of this section~~	540
March 20, 2014. However, if this section takes effect before	541
January 1, 2014, the president and speaker shall make the initial	542
appointments during the period beginning January 1, 2014, and	543
ending January 15, 2014. The president and speaker shall make	544
subsequent appointments not later than fifteen days after the	545
commencement of the first regular session of each general	546
assembly. JMOC members may be reappointed. A vacancy on JMOC shall	547
be filled in the same manner as the original appointment.	548

(D) In odd-numbered years, the speaker shall designate one of	549
the majority members from the house as the JMOC chairperson and	550
the president shall designate one of the minority members from the	551
senate as the JMOC ranking minority member. In even-numbered	552
years, the president shall designate one of the majority members	553
from the senate as the JMOC chairperson and the speaker shall	554
designate one of the minority members from the house as the JMOC	555
ranking minority member.	556

(E) In appointing members from the minority, and in	557
designating ranking minority members, the president and speaker	558
shall consult with the minority leader of their respective houses.	559

(F) JMOC shall meet at the call of the JMOC chairperson. The	560
chairperson shall call JMOC to meet not less often than once each	561
calendar month, unless the chairperson and ranking minority member	562
agree that the chairperson should not call JMOC to meet for a	563
particular month.	564

(G) Notwithstanding section 101.26 of the Revised Code, the	565
members, when engaged in their duties as members of JMOC on days	566
when there is not a voting session of the member's house of the	567
general assembly, shall be paid at the per diem rate of one	568
hundred fifty dollars, and their necessary traveling expenses,	569
which shall be paid from the funds appropriated for the payment of	570
expenses of legislative committees.	571

(H) JMOC may employ professional, technical, and clerical	572
employees as are necessary for JMOC to be able successfully and	573
efficiently to perform its duties. All such employees are in the	574
unclassified service and serve at JMOC's pleasure. JMOC may	575
contract for the services of persons who are qualified by	576
education and experience to advise, consult with, or otherwise	577
assist JMOC in the performance of its duties.	578

~~(H)~~(I) The JMOC chairperson, when authorized by JMOC and the	579
president and speaker, may issue subpoenas and subpoenas duces	580
tecum in aid of JMOC's performance of its duties. A subpoena may	581
require a witness in any part of the state to appear before JMOC	582
at a time and place designated in the subpoena to testify. A	583
subpoena duces tecum may require witnesses or other persons in any	584
part of the state to produce books, papers, records, and other	585
tangible evidence before JMOC at a time and place designated in	586
the subpoena duces tecum. A subpoena or subpoena duces tecum shall	587
be issued, served, and returned, and has consequences, as	588
specified in sections 101.41 to 101.45 of the Revised Code.	589

~~(I)~~(J) The JMOC chairperson may administer oaths to witnesses	590
appearing before JMOC.	591

Sec. 103.63. There is established an Ohio constitutional	592
modernization commission consisting of thirty-two members. Twelve	593
members shall be appointed from the general assembly as follows:	594
three by the president of the senate, three by the minority leader	595
of the senate, three by the speaker of the house of	596
representatives, and three by the minority leader of the house of	597
representatives. ~~Not later than~~On or before the tenth day of	598
January ~~1, 2012, and~~ every ~~two years thereafter~~even-numbered	599
year, the twelve general assembly members shall meet, organize,	600
and elect two co-chairpersons, who shall be from different	601
political parties. Beginning in 2014, the twelve general assembly	602
members shall elect one co-chairperson from each house of the	603
general assembly. The members shall then, by majority vote,	604
appoint twenty commission members, not from the general assembly.	605
All appointments shall end on the first day of January of every	606
even-numbered year, or as soon thereafter as successors are	607
appointed, and the commission shall then be re-created in the	608
manner provided above. Members may be reappointed. Vacancies on	609
the commission shall be filled in the manner provided for original	610
appointments.	611

The members of the commission shall serve without	612
compensation, but each member shall be reimbursed for actual and	613
necessary expenses incurred while engaging in the performance of	614
the member's official duties. Membership on the commission does	615
not constitute holding another public office. The joint	616
legislative ethics committee is the appropriate ethics commission	617
as described in division (F) of section 102.01 of the Revised Code	618
for matters relating to the public members appointed to the Ohio	619
constitutional modernization commission.	620

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	621
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	622
a completed form prescribed pursuant to division (C)(1) of this	623
section, and a set of fingerprint impressions obtained in the	624
manner described in division (C)(2) of this section, the	625
superintendent of the bureau of criminal identification and	626
investigation shall conduct a criminal records check in the manner	627
described in division (B) of this section to determine whether any	628
information exists that indicates that the person who is the	629
subject of the request previously has been convicted of or pleaded	630
guilty to any of the following:	631

(a) A violation of section 2903.01, 2903.02, 2903.03,	632
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	633
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	634
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	635
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	636
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	637
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	638
2925.06, or 3716.11 of the Revised Code, felonious sexual	639
penetration in violation of former section 2907.12 of the Revised	640
Code, a violation of section 2905.04 of the Revised Code as it	641
existed prior to July 1, 1996, a violation of section 2919.23 of	642
the Revised Code that would have been a violation of section	643
2905.04 of the Revised Code as it existed prior to July 1, 1996,	644
had the violation been committed prior to that date, or a	645
violation of section 2925.11 of the Revised Code that is not a	646
minor drug possession offense;	647

(b) A violation of an existing or former law of this state,	648
any other state, or the United States that is substantially	649
equivalent to any of the offenses listed in division (A)(1)(a) of	650
this section;	651

(c) If the request is made pursuant to section 3319.39 of the	652
Revised Code for an applicant who is a teacher, any offense	653
specified in section 3319.31 of the Revised Code.	654

(2) On receipt of a request pursuant to section 3712.09 or	655
3721.121 of the Revised Code, a completed form prescribed pursuant	656
to division (C)(1) of this section, and a set of fingerprint	657
impressions obtained in the manner described in division (C)(2) of	658
this section, the superintendent of the bureau of criminal	659
identification and investigation shall conduct a criminal records	660
check with respect to any person who has applied for employment in	661
a position for which a criminal records check is required by those	662
sections. The superintendent shall conduct the criminal records	663
check in the manner described in division (B) of this section to	664
determine whether any information exists that indicates that the	665
person who is the subject of the request previously has been	666
convicted of or pleaded guilty to any of the following:	667

(a) A violation of section 2903.01, 2903.02, 2903.03,	668
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	669
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	670
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	671
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	672
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	673
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	674
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	675
2925.22, 2925.23, or 3716.11 of the Revised Code;	676

(b) An existing or former law of this state, any other state,	677
or the United States that is substantially equivalent to any of	678
the offenses listed in division (A)(2)(a) of this section.	679

(3) On receipt of a request pursuant to section 173.27,	680
173.38, 173.381, 3701.881, 5164.34, 5164.341, 5164.342, 5123.081,	681
or 5123.169 of the Revised Code, a completed form prescribed	682
pursuant to division (C)(1) of this section, and a set of	683
fingerprint impressions obtained in the manner described in	684
division (C)(2) of this section, the superintendent of the bureau	685
of criminal identification and investigation shall conduct a	686
criminal records check of the person for whom the request is made.	687
The superintendent shall conduct the criminal records check in the	688
manner described in division (B) of this section to determine	689
whether any information exists that indicates that the person who	690
is the subject of the request previously has been convicted of,	691
has pleaded guilty to, or (except in the case of a request	692
pursuant to section 5164.34, 5164.341, or 5164.342 of the Revised	693
Code) has been found eligible for intervention in lieu of	694
conviction for any of the following, regardless of the date of the	695
conviction, the date of entry of the guilty plea, or (except in	696
the case of a request pursuant to section 5164.34, 5164.341, or	697
5164.342 of the Revised Code) the date the person was found	698
eligible for intervention in lieu of conviction:	699

(a) A violation of section 959.13, 959.131, 2903.01, 2903.02,	700
2903.03, 2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15,	701
2903.16, 2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01,	702
2905.02, 2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02,	703
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	704
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	705
2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04,	706
2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12,	707
2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21,	708
2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	709
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51,	710
2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123,	711
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,	712
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,	713
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,	714
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,	715
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,	716
2925.141, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56,	717
2927.12, or 3716.11 of the Revised Code;	718

(b) Felonious sexual penetration in violation of former	719
section 2907.12 of the Revised Code;	720

(c) A violation of section 2905.04 of the Revised Code as it	721
existed prior to July 1, 1996;	722

(d) A violation of section 2923.01, 2923.02, or 2923.03 of	723
the Revised Code when the underlying offense that is the object of	724
the conspiracy, attempt, or complicity is one of the offenses	725
listed in divisions (A)(3)(a) to (c) of this section;	726

(e) A violation of an existing or former municipal ordinance	727
or law of this state, any other state, or the United States that	728
is substantially equivalent to any of the offenses listed in	729
divisions (A)(3)(a) to (d) of this section.	730

(4) On receipt of a request pursuant to section 2151.86 of	731
the Revised Code, a completed form prescribed pursuant to division	732
(C)(1) of this section, and a set of fingerprint impressions	733
obtained in the manner described in division (C)(2) of this	734
section, the superintendent of the bureau of criminal	735
identification and investigation shall conduct a criminal records	736
check in the manner described in division (B) of this section to	737
determine whether any information exists that indicates that the	738
person who is the subject of the request previously has been	739
convicted of or pleaded guilty to any of the following:	740

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	741
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	742
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	743
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	744
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	745
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	746
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	747
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	748
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	749
of the Revised Code, a violation of section 2905.04 of the Revised	750
Code as it existed prior to July 1, 1996, a violation of section	751
2919.23 of the Revised Code that would have been a violation of	752
section 2905.04 of the Revised Code as it existed prior to July 1,	753
1996, had the violation been committed prior to that date, a	754
violation of section 2925.11 of the Revised Code that is not a	755
minor drug possession offense, two or more OVI or OVUAC violations	756
committed within the three years immediately preceding the	757
submission of the application or petition that is the basis of the	758
request, or felonious sexual penetration in violation of former	759
section 2907.12 of the Revised Code;	760

(b) A violation of an existing or former law of this state,	761
any other state, or the United States that is substantially	762
equivalent to any of the offenses listed in division (A)(4)(a) of	763
this section.	764

(5) Upon receipt of a request pursuant to section 5104.012 or	765
5104.013 of the Revised Code, a completed form prescribed pursuant	766
to division (C)(1) of this section, and a set of fingerprint	767
impressions obtained in the manner described in division (C)(2) of	768
this section, the superintendent of the bureau of criminal	769
identification and investigation shall conduct a criminal records	770
check in the manner described in division (B) of this section to	771
determine whether any information exists that indicates that the	772
person who is the subject of the request has been convicted of or	773
pleaded guilty to any of the following:	774

(a) A violation of section 2903.01, 2903.02, 2903.03,	775
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	776
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	777
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	778
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	779
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	780
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	781
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	782
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	783
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	784
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	785
3716.11 of the Revised Code, felonious sexual penetration in	786
violation of former section 2907.12 of the Revised Code, a	787
violation of section 2905.04 of the Revised Code as it existed	788
prior to July 1, 1996, a violation of section 2919.23 of the	789
Revised Code that would have been a violation of section 2905.04	790
of the Revised Code as it existed prior to July 1, 1996, had the	791
violation been committed prior to that date, a violation of	792
section 2925.11 of the Revised Code that is not a minor drug	793
possession offense, a violation of section 2923.02 or 2923.03 of	794
the Revised Code that relates to a crime specified in this	795
division, or a second violation of section 4511.19 of the Revised	796
Code within five years of the date of application for licensure or	797
certification.	798

(b) A violation of an existing or former law of this state,	799
any other state, or the United States that is substantially	800
equivalent to any of the offenses or violations described in	801
division (A)(5)(a) of this section.	802

(6) Upon receipt of a request pursuant to section 5153.111 of	803
the Revised Code, a completed form prescribed pursuant to division	804
(C)(1) of this section, and a set of fingerprint impressions	805
obtained in the manner described in division (C)(2) of this	806
section, the superintendent of the bureau of criminal	807
identification and investigation shall conduct a criminal records	808
check in the manner described in division (B) of this section to	809
determine whether any information exists that indicates that the	810
person who is the subject of the request previously has been	811
convicted of or pleaded guilty to any of the following:	812

(a) A violation of section 2903.01, 2903.02, 2903.03,	813
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	814
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	815
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	816
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	817
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	818
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	819
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	820
felonious sexual penetration in violation of former section	821
2907.12 of the Revised Code, a violation of section 2905.04 of the	822
Revised Code as it existed prior to July 1, 1996, a violation of	823
section 2919.23 of the Revised Code that would have been a	824
violation of section 2905.04 of the Revised Code as it existed	825
prior to July 1, 1996, had the violation been committed prior to	826
that date, or a violation of section 2925.11 of the Revised Code	827
that is not a minor drug possession offense;	828

(b) A violation of an existing or former law of this state,	829
any other state, or the United States that is substantially	830
equivalent to any of the offenses listed in division (A)(6)(a) of	831
this section.	832

(7) On receipt of a request for a criminal records check from	833
an individual pursuant to section 4749.03 or 4749.06 of the	834
Revised Code, accompanied by a completed copy of the form	835
prescribed in division (C)(1) of this section and a set of	836
fingerprint impressions obtained in a manner described in division	837
(C)(2) of this section, the superintendent of the bureau of	838
criminal identification and investigation shall conduct a criminal	839
records check in the manner described in division (B) of this	840
section to determine whether any information exists indicating	841
that the person who is the subject of the request has been	842
convicted of or pleaded guilty to a felony in this state or in any	843
other state. If the individual indicates that a firearm will be	844
carried in the course of business, the superintendent shall	845
require information from the federal bureau of investigation as	846
described in division (B)(2) of this section. Subject to division	847
(F) of this section, the superintendent shall report the findings	848
of the criminal records check and any information the federal	849
bureau of investigation provides to the director of public safety.	850

(8) On receipt of a request pursuant to section 1321.37,	851
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	852
Code, a completed form prescribed pursuant to division (C)(1) of	853
this section, and a set of fingerprint impressions obtained in the	854
manner described in division (C)(2) of this section, the	855
superintendent of the bureau of criminal identification and	856
investigation shall conduct a criminal records check with respect	857
to any person who has applied for a license, permit, or	858
certification from the department of commerce or a division in the	859
department. The superintendent shall conduct the criminal records	860
check in the manner described in division (B) of this section to	861
determine whether any information exists that indicates that the	862
person who is the subject of the request previously has been	863
convicted of or pleaded guilty to any of the following: a	864
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	865
2925.03 of the Revised Code; any other criminal offense involving	866
theft, receiving stolen property, embezzlement, forgery, fraud,	867
passing bad checks, money laundering, or drug trafficking, or any	868
criminal offense involving money or securities, as set forth in	869
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	870
the Revised Code; or any existing or former law of this state, any	871
other state, or the United States that is substantially equivalent	872
to those offenses.	873

(9) On receipt of a request for a criminal records check from	874
the treasurer of state under section 113.041 of the Revised Code	875
or from an individual under section 4701.08, 4715.101, 4717.061,	876
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	877
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	878
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4755.70,	879
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	880
4762.06, 4776.021, 4779.091, or 4783.04 of the Revised Code,	881
accompanied by a completed form prescribed under division (C)(1)	882
of this section and a set of fingerprint impressions obtained in	883
the manner described in division (C)(2) of this section, the	884
superintendent of the bureau of criminal identification and	885
investigation shall conduct a criminal records check in the manner	886
described in division (B) of this section to determine whether any	887
information exists that indicates that the person who is the	888
subject of the request has been convicted of or pleaded guilty to	889
any criminal offense in this state or any other state. Subject to	890
division (F) of this section, the superintendent shall send the	891
results of a check requested under section 113.041 of the Revised	892
Code to the treasurer of state and shall send the results of a	893
check requested under any of the other listed sections to the	894
licensing board specified by the individual in the request.	895

(10) On receipt of a request pursuant to section 1121.23,	896
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	897
Code, a completed form prescribed pursuant to division (C)(1) of	898
this section, and a set of fingerprint impressions obtained in the	899
manner described in division (C)(2) of this section, the	900
superintendent of the bureau of criminal identification and	901
investigation shall conduct a criminal records check in the manner	902
described in division (B) of this section to determine whether any	903
information exists that indicates that the person who is the	904
subject of the request previously has been convicted of or pleaded	905
guilty to any criminal offense under any existing or former law of	906
this state, any other state, or the United States.	907

(11) On receipt of a request for a criminal records check	908
from an appointing or licensing authority under section 3772.07 of	909
the Revised Code, a completed form prescribed under division	910
(C)(1) of this section, and a set of fingerprint impressions	911
obtained in the manner prescribed in division (C)(2) of this	912
section, the superintendent of the bureau of criminal	913
identification and investigation shall conduct a criminal records	914
check in the manner described in division (B) of this section to	915
determine whether any information exists that indicates that the	916
person who is the subject of the request previously has been	917
convicted of or pleaded guilty or no contest to any offense under	918
any existing or former law of this state, any other state, or the	919
United States that is a disqualifying offense as defined in	920
section 3772.07 of the Revised Code or substantially equivalent to	921
such an offense.	922

(12) On receipt of a request pursuant to section 2151.33 or	923
2151.412 of the Revised Code, a completed form prescribed pursuant	924
to division (C)(1) of this section, and a set of fingerprint	925
impressions obtained in the manner described in division (C)(2) of	926
this section, the superintendent of the bureau of criminal	927
identification and investigation shall conduct a criminal records	928
check with respect to any person for whom a criminal records check	929
is required by that section. The superintendent shall conduct the	930
criminal records check in the manner described in division (B) of	931
this section to determine whether any information exists that	932
indicates that the person who is the subject of the request	933
previously has been convicted of or pleaded guilty to any of the	934
following:	935

(a) A violation of section 2903.01, 2903.02, 2903.03,	936
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	937
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	938
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	939
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	940
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	941
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	942
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	943
2925.22, 2925.23, or 3716.11 of the Revised Code;	944

(b) An existing or former law of this state, any other state,	945
or the United States that is substantially equivalent to any of	946
the offenses listed in division (A)(12)(a) of this section.	947

(B) Subject to division (F) of this section, the	948
superintendent shall conduct any criminal records check to be	949
conducted under this section as follows:	950

(1) The superintendent shall review or cause to be reviewed	951
any relevant information gathered and compiled by the bureau under	952
division (A) of section 109.57 of the Revised Code that relates to	953
the person who is the subject of the criminal records check,	954
including, if the criminal records check was requested under	955
section 113.041, 121.08, 173.27, 173.38, 173.381, 1121.23,	956
1155.03, 1163.05, 1315.141, 1321.37, 1321.53, 1321.531, 1322.03,	957
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	958
3701.881, 3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05,	959
5104.012, 5104.013, 5164.34, 5164.341, 5164.342, 5123.081,	960
5123.169, or 5153.111 of the Revised Code, any relevant	961
information contained in records that have been sealed under	962
section 2953.32 of the Revised Code;	963

(2) If the request received by the superintendent asks for	964
information from the federal bureau of investigation, the	965
superintendent shall request from the federal bureau of	966
investigation any information it has with respect to the person	967
who is the subject of the criminal records check, including	968
fingerprint-based checks of national crime information databases	969
as described in 42 U.S.C. 671 if the request is made pursuant to	970
section 2151.86, 5104.012, or 5104.013 of the Revised Code or if	971
any other Revised Code section requires fingerprint-based checks	972
of that nature, and shall review or cause to be reviewed any	973
information the superintendent receives from that bureau. If a	974
request under section 3319.39 of the Revised Code asks only for	975
information from the federal bureau of investigation, the	976
superintendent shall not conduct the review prescribed by division	977
(B)(1) of this section.	978

(3) The superintendent or the superintendent's designee may	979
request criminal history records from other states or the federal	980
government pursuant to the national crime prevention and privacy	981
compact set forth in section 109.571 of the Revised Code.	982

(4) The superintendent shall include in the results of the	983
criminal records check a list or description of the offenses	984
listed or described in division (A)(1), (2), (3), (4), (5), (6),	985
(7), (8), (9), (10), (11), or (12) of this section, whichever	986
division requires the superintendent to conduct the criminal	987
records check. The superintendent shall exclude from the results	988
any information the dissemination of which is prohibited by	989
federal law.	990

(5) The superintendent shall send the results of the criminal	991
records check to the person to whom it is to be sent not later	992
than the following number of days after the date the	993
superintendent receives the request for the criminal records	994
check, the completed form prescribed under division (C)(1) of this	995
section, and the set of fingerprint impressions obtained in the	996
manner described in division (C)(2) of this section:	997

(a) If the superintendent is required by division (A) of this	998
section (other than division (A)(3) of this section) to conduct	999
the criminal records check, thirty;	1000

(b) If the superintendent is required by division (A)(3) of	1001
this section to conduct the criminal records check, sixty.	1002

(C)(1) The superintendent shall prescribe a form to obtain	1003
the information necessary to conduct a criminal records check from	1004
any person for whom a criminal records check is to be conducted	1005
under this section. The form that the superintendent prescribes	1006
pursuant to this division may be in a tangible format, in an	1007
electronic format, or in both tangible and electronic formats.	1008

(2) The superintendent shall prescribe standard impression	1009
sheets to obtain the fingerprint impressions of any person for	1010
whom a criminal records check is to be conducted under this	1011
section. Any person for whom a records check is to be conducted	1012
under this section shall obtain the fingerprint impressions at a	1013
county sheriff's office, municipal police department, or any other	1014
entity with the ability to make fingerprint impressions on the	1015
standard impression sheets prescribed by the superintendent. The	1016
office, department, or entity may charge the person a reasonable	1017
fee for making the impressions. The standard impression sheets the	1018
superintendent prescribes pursuant to this division may be in a	1019
tangible format, in an electronic format, or in both tangible and	1020
electronic formats.	1021

(3) Subject to division (D) of this section, the	1022
superintendent shall prescribe and charge a reasonable fee for	1023
providing a criminal records check under this section. The person	1024
requesting the criminal records check shall pay the fee prescribed	1025
pursuant to this division. In the case of a request under section	1026
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33,	1027
2151.412, or 5164.34 of the Revised Code, the fee shall be paid in	1028
the manner specified in that section.	1029

(4) The superintendent of the bureau of criminal	1030
identification and investigation may prescribe methods of	1031
forwarding fingerprint impressions and information necessary to	1032
conduct a criminal records check, which methods shall include, but	1033
not be limited to, an electronic method.	1034

(D) The results of a criminal records check conducted under	1035
this section, other than a criminal records check specified in	1036
division (A)(7) of this section, are valid for the person who is	1037
the subject of the criminal records check for a period of one year	1038
from the date upon which the superintendent completes the criminal	1039
records check. If during that period the superintendent receives	1040
another request for a criminal records check to be conducted under	1041
this section for that person, the superintendent shall provide the	1042
results from the previous criminal records check of the person at	1043
a lower fee than the fee prescribed for the initial criminal	1044
records check.	1045

(E) When the superintendent receives a request for	1046
information from a registered private provider, the superintendent	1047
shall proceed as if the request was received from a school	1048
district board of education under section 3319.39 of the Revised	1049
Code. The superintendent shall apply division (A)(1)(c) of this	1050
section to any such request for an applicant who is a teacher.	1051

(F)(1) All information regarding the results of a criminal	1052
records check conducted under this section that the superintendent	1053
reports or sends under division (A)(7) or (9) of this section to	1054
the director of public safety, the treasurer of state, or the	1055
person, board, or entity that made the request for the criminal	1056
records check shall relate to the conviction of the subject	1057
person, or the subject person's plea of guilty to, a criminal	1058
offense.	1059

(2) Division (F)(1) of this section does not limit, restrict,	1060
or preclude the superintendent's release of information that	1061
relates to an adjudication of a child as a delinquent child, or	1062
that relates to a criminal conviction of a person under eighteen	1063
years of age if the person's case was transferred back to a	1064
juvenile court under division (B)(2) or (3) of section 2152.121 of	1065
the Revised Code and the juvenile court imposed a disposition or	1066
serious youthful offender disposition upon the person under either	1067
division, if either of the following applies with respect to the	1068
adjudication or conviction:	1069

(a) The adjudication or conviction was for a violation of	1070
section 2903.01 or 2903.02 of the Revised Code.	1071

(b) The adjudication or conviction was for a sexually	1072
oriented offense, as defined in section 2950.01 of the Revised	1073
Code, the juvenile court was required to classify the child a	1074
juvenile offender registrant for that offense under section	1075
2152.82, 2152.83, or 2152.86 of the Revised Code, and that	1076
classification has not been removed.	1077

(G) As used in this section:

1078

(1) "Criminal records check" means any criminal records check	1079
conducted by the superintendent of the bureau of criminal	1080
identification and investigation in accordance with division (B)	1081
of this section.	1082

(2) "Minor drug possession offense" has the same meaning as	1083
in section 2925.01 of the Revised Code.	1084

(3) "OVI or OVUAC violation" means a violation of section	1085
4511.19 of the Revised Code or a violation of an existing or	1086
former law of this state, any other state, or the United States	1087
that is substantially equivalent to section 4511.19 of the Revised	1088
Code.	1089

(4) "Registered private provider" means a nonpublic school or	1090
entity registered with the superintendent of public instruction	1091
under section 3310.41 of the Revised Code to participate in the	1092
autism scholarship program or section 3310.58 of the Revised Code	1093
to participate in the Jon Peterson special needs scholarship	1094
program.	1095

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

1096

(1) "Employment" includes volunteer service.

1097

(2) "Licensure" means the authorization, evidenced by a	1098
license, certificate, registration, permit, or other authority	1099
that is issued or conferred by a public office, to engage in a	1100
profession, occupation, or occupational activity, to be a foster	1101
caregiver, or to have control of and operate certain specific	1102
equipment, machinery, or premises over which a public office has	1103
jurisdiction.	1104

(3) "Participating public office" means a public office that	1105
requires a fingerprint background check as a condition of	1106
employment with, licensure by, or approval for adoption by the	1107
public office and that elects to receive notice under division (C)	1108
of this section in accordance with rules adopted by the attorney	1109
general.	1110

(4) "Public office" has the same meaning as in section 117.01	1111
of the Revised Code.	1112

(5) "Participating private party" means any person or private	1113
entity that is allowed to request a criminal records check	1114
pursuant to divisions (A)(2) or (3) of section 109.572 of the	1115
Revised Code.	1116

(B) Within six months after August 15, 2007, the	1117
superintendent of the bureau of criminal identification and	1118
investigation shall establish and maintain a database of	1119
fingerprints of individuals on whom the bureau has conducted	1120
criminal records checks for the purpose of determining eligibility	1121
for employment with, licensure by, or approval for adoption by a	1122
public office or participating private party. The superintendent	1123
shall maintain the database separate and apart from other records	1124
maintained by the bureau. The database shall be known as the	1125
retained applicant fingerprint database.	1126

(C) When the superintendent receives information that an	1127
individual whose name is in the retained applicant fingerprint	1128
database has been arrested for, convicted of, or pleaded guilty to	1129
any offense, the superintendent shall promptly notify any	1130
participating public office or participating private party that	1131
employs, licensed, or approved the individual of the arrest,	1132
conviction, or guilty plea. The public office or participating	1133
private party that receives the notification and its employees and	1134
officers shall use the information contained in the notification	1135
solely to determine the individual's eligibility for continued	1136
employment with the public office or participating private party,	1137
to retain licensure issued by the public office, or to be approved	1138
for adoption by the public office. The public office or	1139
participating private party and its employees and officers shall	1140
not disclose that information to any person for any other purpose.	1141

(D) If an individual has submitted fingerprint impressions	1142
for employment with, licensure by, or approval for adoption by a	1143
participating public office or participating private party and	1144
seeks employment with, licensure by, or approval for adoption by	1145
another participating public office or participating private	1146
party, the other public office or participating private party	1147
shall reprint the individual. If an individual has been reprinted,	1148
the superintendent shall update that individual's information	1149
accordingly.	1150

(E) The bureau of criminal identification and investigation	1151
and the participating public office or participating private party	1152
shall use information contained in the retained applicant	1153
fingerprint database and in the notice described in division (C)	1154
of this section for the purpose of employment with, licensure by,	1155
or approval for adoption by the participating public office or	1156
participating private party. This information is otherwise	1157
confidential and not a public record under section 149.43 of the	1158
Revised Code.	1159

(F) The attorney general shall adopt rules in accordance with	1160
Chapter 119. of the Revised Code governing the operation and	1161
maintenance of the database. The rules shall provide for, but not	1162
be limited to, both of the following:	1163

(1) The expungement or sealing of records of individuals who	1164
are deceased or who are no longer employed, granted licensure, or	1165
approved for adoption by the public office or participating	1166
private party that required submission of the individual's	1167
fingerprints;	1168

(2) The terms under which a public office or participating	1169
private party may elect to receive notification under division (C)	1170
of this section, including payment of any reasonable fee that may	1171
be charged for the purpose.	1172

(G) No public office or employee of a public office shall be	1173
considered negligent in a civil action solely because the public	1174
office did not elect to be a participating public office.	1175

(H)(1) No person shall knowingly use information contained in	1176
or received from the retained applicant fingerprint database for	1177
purposes not authorized by this section.	1178

(2) No person shall knowingly use information contained in or	1179
received from the retained applicant fingerprint database with the	1180
intent to harass or intimidate another person.	1181

(3) Whoever violates division (H)(1) or (H)(2) of this	1182
section is guilty of unlawful use of retained applicant	1183
fingerprint database records. A violation of division (H)(1) of	1184
this section is a misdemeanor of the fourth degree. A violation of	1185
division (H)(2) of this section is a misdemeanor of the first	1186
degree.	1187

Sec. 118.27. (A) A financial planning and supervision	1188
commission with respect to a municipal corporation, county, or	1189
township, and its functions under this chapter, shall continue in	1190
existence until such time as a determination is made pursuant to	1191
division (B) of this section ~~that~~of one of the following:	1192

(1) In the case of a village, the village has dissolved under	1193
section 118.31, 703.20, or 703.201 of the Revised Code.	1194

(2) In the case of a township, the township has dissolved	1195
under section 118.31 of the Revised Code.	1196

(3) In the case of a municipal corporation, county, or	1197
township, the municipal corporation, county, or township has done	1198
all of the following:	1199

~~(1)~~(a) Planned, and is in the process of good faith	1200
implementation of, an effective financial accounting and reporting	1201
system in accordance with section 118.10 of the Revised Code, and	1202
it is reasonably expected that such implementation will be	1203
completed within two years;	1204

~~(2)~~(b) Corrected and eliminated or has planned and is in the	1205
process of good faith implementation of correcting and eliminating	1206
all of the fiscal emergency conditions determined pursuant to	1207
section 118.04 of the Revised Code, and no new fiscal emergency	1208
conditions have occurred. The auditor of state shall monitor the	1209
progress of the municipal corporation, county, or township in its	1210
plan of good faith implementation of correcting and eliminating	1211
all the fiscal emergency conditions. This monitoring is to secure	1212
full implementation at the earliest time feasible but within two	1213
years from such termination. If after a two-year period, the	1214
municipal corporation, county, or township has failed to secure	1215
full implementation, the auditor of state may redeclare the	1216
municipal corporation, county, or township to be in a fiscal	1217
emergency.	1218

~~(3)~~(c) Met the objectives of the financial plan described in	1219
section 118.06 of the Revised Code;	1220

~~(4)~~(d) The municipal corporation, county, or township	1221
prepares a financial forecast for a five-year period in accordance	1222
with the standards issued by the auditor of state. An opinion must	1223
be rendered by the auditor of state that the financial forecast is	1224
considered to be nonadverse.	1225

(B) The determination that ~~all of such~~the conditions for the	1226
termination of the existence of the commission and its functions	1227
exist may be made either by the auditor of state or by the	1228
commission and shall be certified to the commission, the auditor	1229
of state, the governor, and the budget commission, whereupon such	1230
commission and its functions under this chapter shall terminate.	1231
Such determination shall be made by the auditor of state upon the	1232
filing with the auditor of state of a written request for such	1233
determination by the municipal corporation, county, or township,	1234
the governor, or the commission, or may be made by the auditor of	1235
state upon the auditor of state's own initiative.	1236

(C) The commission shall prepare and submit with such	1237
certification a final report of its activities, in such form as is	1238
appropriate for the purpose of providing a record of its	1239
activities and assisting other commissions created under this	1240
chapter in the conduct of their functions. All of the books and	1241
records of the commission shall be delivered to the auditor of	1242
state for retention and safekeeping.	1243

(D) Upon receipt of the certification provided for in	1244
division (B) of this section, the director shall follow the	1245
procedures set forth in section 126.29 of the Revised Code.	1246

(E) If, at the time of termination of the commission, an	1247
effective financial accounting and reporting system has not been	1248
fully implemented, the auditor of state shall monitor the progress	1249
of implementation and shall exercise authority under Chapter 117.	1250
and section 118.10 of the Revised Code to secure full	1251
implementation at the earliest time feasible but within two years	1252
from such termination.	1253

Sec. 121.084. (A) All moneys collected under sections	1254
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20,	1255
4169.03, ~~4171.04,~~ and 5104.051 of the Revised Code, and any other	1256
moneys collected by the division of industrial compliance shall be	1257
paid into the state treasury to the credit of the industrial	1258
compliance operating fund, which is hereby created. The department	1259
of commerce shall use the moneys in the fund for paying the	1260
operating expenses of the division and the administrative	1261
assessment described in division (B) of this section.	1262

(B) The director of commerce, with the approval of the	1263
director of budget and management, shall prescribe procedures for	1264
assessing the industrial compliance operating fund a proportionate	1265
share of the administrative costs of the department of commerce.	1266
The assessment shall be made in accordance with those procedures	1267
and be paid from the industrial compliance operating fund to the	1268
division of administration fund created in section 121.08 of the	1269
Revised Code.	1270

Sec. 122.12. As used in this section and in section 122.121	1271
of the Revised Code:	1272

(A) "Endorsing county" means a county that contains a site	1273
selected by a site selection organization for one or more games.	1274

(B) "Endorsing municipality" means a municipal corporation	1275
that contains a site selected by a site selection organization for	1276
one or more games.	1277

(C) "Game support contract" means a joinder undertaking,	1278
joinder agreement, or similar contract executed by an endorsing	1279
municipality or endorsing county and a site selection	1280
organization.	1281

(D)(1) "Game" means a national or international competition	1282
of football, auto racing, rugby, cricket, horse racing, mixed	1283
martial arts, boxing, or any sport that is governed by an	1284
international federation and included in at least one of the	1285
following:	1286

~~(1)~~(a) Olympic games;

1287

~~(2)~~(b) Pan American games;

1288

~~(3)~~(c) Commonwealth games.

1289

(2) "Game" includes the special olympics.

1290

(E) "Joinder agreement" means an agreement entered into by a	1291
local organizing committee, endorsing municipality, or endorsing	1292
county, or more than one endorsing municipality or county acting	1293
collectively and a site selection organization setting out	1294
representations and assurances by each endorsing municipality or	1295
endorsing county in connection with the selection of a site in	1296
this state for the location of a game.	1297

(F) "Joinder undertaking" means an agreement entered into by	1298
a local organizing committee, endorsing municipality, or endorsing	1299
county, or more than one endorsing municipality or county acting	1300
collectively and a site selection organization that each endorsing	1301
municipality or endorsing county will execute a joinder agreement	1302
in the event that the site selection organization selects a site	1303
in this state for a game.	1304

(G) "Local organizing committee" means a nonprofit	1305
corporation or its successor in interest that:	1306

(1) Has been authorized by an endorsing municipality,	1307
endorsing county, or more than one endorsing municipality or	1308
county acting collectively to pursue an application and bid on the	1309
applicant's behalf to a site selection organization for selection	1310
as the site of one or more games; or	1311

(2) With the authorization of an endorsing municipality,	1312
endorsing county, or more than one endorsing municipality or	1313
county acting collectively, has executed an agreement with a site	1314
selection organization regarding a bid to host one or more games.	1315

(H) "Site selection organization" means the national or	1316
international governing body of a sport that is recognized as such	1317
by the endorsing municipality, endorsing county, or local	1318
organizing committee.	1319

Sec. 122.121. (A) If a local organizing committee, endorsing	1320
municipality, or endorsing county enters into a joinder	1321
undertaking with a site selection organization, the local	1322
organizing committee, endorsing municipality, or endorsing county	1323
may apply to the director of development services, on a form and	1324
in the manner prescribed by the director, for a grant based on the	1325
projected incremental increase in the receipts from the tax	1326
imposed under section 5739.02 of the Revised Code within the	1327
market area designated under division (C) of this section, for the	1328
two-week period that ends at the end of the day after the date on	1329
which a game will be held, that is directly attributable, as	1330
determined by the director, to the preparation for and	1331
presentation of the game. The director shall determine the	1332
projected incremental increase in the tax imposed under section	1333
5739.02 of the Revised Code by using a formula approved by the	1334
destination marketing association international for event impact	1335
or another formula of similar purpose approved by the director.	1336
The local organizing committee, endorsing municipality, or	1337
endorsing county is eligible to receive a grant under this section	1338
only if the projected incremental increase in receipts from the	1339
tax imposed under section 5739.02 of the Revised Code, as	1340
determined by the director, exceeds two hundred fifty thousand	1341
dollars. The amount of the grant shall be not less than fifty per	1342
cent of the projected incremental increase in receipts, as	1343
determined by the director, but shall not exceed five hundred	1344
thousand dollars. The director shall not issue grants with a total	1345
value of more than one million dollars in any fiscal year, and	1346
shall not issue any grant before July 1, 2013.	1347

(B) If the director of development services approves an	1348
application for a local organizing committee, endorsing	1349
municipality, or endorsing county and that local organizing	1350
committee, endorsing municipality, or endorsing county enters into	1351
a joinder agreement with a site selection organization, the local	1352
organizing committee, endorsing municipality, or endorsing county	1353
shall file a copy of the joinder agreement with the director of	1354
~~development, who immediately shall notify the director of budget~~	1355
~~and management of the filing. Within thirty days after receiving~~	1356
~~the notice, the director of budget and management shall establish~~	1357
~~a schedule to disburse from the general revenue fund to such local~~	1358
~~organizing committee, endorsing municipality, or endorsing county~~	1359
~~payments that total the amount certified by the director of~~	1360
~~development under division (A) of this section, but in no event~~	1361
~~shall the total amount disbursed exceed five hundred thousand~~	1362
~~dollars, and no disbursement shall be made before July 1, 2013~~.	1363
The ~~payments~~grant shall be used exclusively by the local	1364
organizing committee, endorsing municipality, or endorsing county	1365
to fulfill a portion of its obligations to a site selection	1366
organization under game support contracts, which obligations may	1367
include the payment of costs relating to the preparations	1368
necessary for the conduct of the game, including acquiring,	1369
renovating, or constructing facilities; to pay the costs of	1370
conducting the game; and to assist the local organizing committee,	1371
endorsing municipality, or endorsing county in providing	1372
assurances required by a site selection organization sponsoring	1373
one or more games.	1374

(C) For the purposes of division (A) of this section, the	1375
director of development services, in consultation with the tax	1376
commissioner, shall designate the market area for a game. The	1377
market area shall consist of the combined statistical area, as	1378
defined by the United States office of management and budget, in	1379
which an endorsing municipality or endorsing county is located.	1380

(D) A local organizing committee, endorsing municipality, or	1381
endorsing county shall provide information required by the	1382
director of development services and tax commissioner to enable	1383
the director and commissioner to fulfill their duties under this	1384
section, including annual audited statements of any financial	1385
records required by a site selection organization and data	1386
obtained by the local organizing committee, endorsing	1387
municipality, or endorsing county relating to attendance at a game	1388
and to the economic impact of the game. A local organizing	1389
committee, an endorsing municipality, or an endorsing county shall	1390
provide an annual audited financial statement if so required by	1391
the director and commissioner, not later than the end of the	1392
fourth month after the date the period covered by the financial	1393
statement ends.	1394

(E) Within thirty days after the game, the local organizing	1395
committee, endorsing municipality, or endorsing county shall	1396
report to the director of development services about the economic	1397
impact of the game. The report shall be in the form and substance	1398
required by the director, including, but not limited to, a final	1399
income statement for the event showing total revenue and	1400
expenditures and revenue and expenditures in the market area for	1401
the game, and ticket sales for the game and any related activities	1402
for which admission was charged. The director ~~of development~~ shall	1403
determine, based on the reported information and the exercise of	1404
reasonable judgment, the incremental increase in receipts from the	1405
tax imposed under section 5739.02 of the Revised Code directly	1406
attributable to the game. If the actual incremental increase in	1407
such receipts is less than the projected incremental increase in	1408
receipts, the director may require the local organizing committee,	1409
endorsing municipality, or endorsing county to refund to the state	1410
all or a portion of the grant.	1411

(F) No disbursement may be made under this section if the	1412
director of development services determines that it would be used	1413
for the purpose of soliciting the relocation of a professional	1414
sports franchise located in this state.	1415

(G) This section may not be construed as creating or	1416
requiring a state guarantee of obligations imposed on an endorsing	1417
municipality or endorsing county under a game support contract or	1418
any other agreement relating to hosting one or more games in this	1419
state.	1420

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

1421

(1) "Certified engine configuration" means a new, rebuilt, or	1422
remanufactured engine configuration that satisfies divisions	1423
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this	1424
section:	1425

(a) It has been certified by the administrator of the United	1426
States environmental protection agency or the California air	1427
resources board.	1428

(b) It meets or is rebuilt or remanufactured to a more	1429
stringent set of engine emission standards than when originally	1430
manufactured, as determined pursuant to Subtitle G of Title VII of	1431
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838,	1432
et seq.	1433

(c) In the case of a certified engine configuration involving	1434
the replacement of an existing engine, an engine configuration	1435
that replaced an engine that was removed from the vehicle and	1436
returned to the supplier for remanufacturing to a more stringent	1437
set of engine emissions standards or for scrappage.	1438

(2) "Section 793" means section 793 of the Energy Policy Act	1439
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.	1440

(3) "Verified technology" means a pollution control	1441
technology, including a retrofit technology, advanced truckstop	1442
electrification system, or auxiliary power unit, that has been	1443
verified by the administrator of the United States environmental	1444
protection agency or the California air resources board.	1445

(B) For the purpose of reducing emissions from diesel	1446
engines, the director of environmental protection shall administer	1447
a diesel emissions reduction grant program and a ~~diesel emissions~~	1448
~~reduction revolving loan~~clean diesel school bus program. The	1449
programs shall provide for the implementation in this state of	1450
section 793 and shall otherwise be administered in compliance with	1451
the requirements of section 793, and any regulations issued	1452
pursuant to that section.	1453

The director shall apply to the administrator of the United	1454
States environmental protection agency for grant or loan funds	1455
available under section 793 to help fund the diesel emissions	1456
reduction grant program and the ~~diesel emissions reduction~~	1457
~~revolving loan~~clean diesel school bus program.	1458

~~(C) There is hereby created in the state treasury the diesel~~	1459
~~emissions reduction revolving loan fund consisting of money~~	1460
~~appropriated to it by the general assembly, any grants obtained~~	1461
~~from the federal government under section 793, and any other~~	1462
~~grants, gifts, or other contributions of money made to the credit~~	1463
~~of the fund. Money in the fund shall be used for the purpose of~~	1464
~~making loans for projects relating to certified engine~~	1465
~~configurations and verified technologies in a manner consistent~~	1466
~~with the requirements of section 793 and any regulations issued~~	1467
~~pursuant to that section. Interest earned from moneys in the fund~~	1468
~~shall be used to administer the diesel emissions reduction~~	1469
~~revolving loan program.~~	1470

Sec. 124.05. The state personnel board of review shall be	1471
composed of three members, not more than two of whom shall be	1472
affiliated with the same political party, to be appointed by the	1473
governor with the advice and consent of the senate. Terms of	1474
office shall be for six years, commencing on the ninth day of	1475
February and ending on the eighth day of February, except that	1476
upon expiration of the term ending February 11, 1975, the new term	1477
which succeeds it shall commence on February 12, 1975 and end on	1478
February 8, 1981; and upon expiration of the term ending February	1479
12, 1979, the new term which succeeds it shall commence on	1480
February 13, 1979 and end on February 8, 1985. Each member shall	1481
hold office from the date of ~~his~~ appointment until the end of the	1482
term for which hethe member was appointed.	1483

A vacancy in the office of a member of the board shall be	1484
filled pursuant to section 3.03 of the Revised Code. Any member	1485
appointed to fill a vacancy prior to the expiration of the term	1486
for which ~~his~~the member's predecessor was appointed shall hold	1487
office for the remainder of such term. Any member shall continue	1488
in office subsequent to the expiration date of ~~his~~the member's	1489
term until ~~his~~a successor takes office, or until a period of	1490
sixty days has elapsed, whichever occurs first.	1491

Each member of the board, before entering upon the duties of	1492
~~his~~ office, shall take and subscribe an oath of office and give	1493
bond as provided in section 121.11 of the Revised Code.	1494

Any member of the board may be removed from office for any of	1495
the causes and in the manner provided in section 3.04 of the	1496
Revised Code.	1497

No member of the board shall hold any other office of trust	1498
or profit under the government of the United States, the state, or	1499
any political subdivision thereof.	1500

Each member of the board shall devote whatever time is	1501
necessary to the duties of this office and shall hold no other	1502
office ~~or position~~ of ~~public~~ trust or profit. Each member of the	1503
board shall receive a salary fixed pursuant to section 124.14 of	1504
the Revised Code, payable in the same manner as the salaries of	1505
other state officers, and shall be reimbursed for ~~his~~ actual	1506
expenses incurred in the performance of ~~his~~ official duties.	1507

The governor, at the time of making the original appointment	1508
of the members of the board and at the time of making the	1509
appointment of any member for a full term thereafter, shall	1510
designate one of the members as ~~chairman~~chairperson. A quorum of	1511
the board is a majority of its members and no action of the board	1512
is valid without the concurrence of at least a majority of its	1513
members.	1514

As used in this section only, "office of trust or profit"	1515
means:	1516

(A) A federal or state elective office or an elected office	1517
of a political subdivision of the state;	1518

(B) A position on a board or commission of the state that is	1519
appointed by the governor;	1520

(C) An office set forth in section 121.03, 121.04, or 121.05	1521
of the Revised Code;	1522

(D) An office of the government of the United States that is	1523
appointed by the president of the United States.	1524

Sec. 124.32. (A) A person holding an office or position in	1525
the classified service may be transferred to a similar position in	1526
another office, department, or institution having the same pay and	1527
similar duties, but no transfer shall be made as follows:	1528

(1) From an office or position in one class to an office or	1529
position in another class;	1530

(2) To an office or position for original entrance to which	1531
there is required by sections 124.01 to 124.64 of the Revised	1532
Code, or the rules adopted pursuant to those sections, an	1533
examination involving essential tests or qualifications or	1534
carrying a salary different from or higher than those required for	1535
original entrance to an office or position held by the person	1536
proposed to be transferred.	1537

No person in the classified civil service of the state may be	1538
transferred without the consent of the director of administrative	1539
services.	1540

(B) Any person holding an office or position in the	1541
classified service who has been separated from the service without	1542
delinquency or misconduct on the person's part may be reinstated	1543
within one year from the date of that separation to a vacancy in	1544
the same office or in a similar position in the same department,	1545
except that a person in the classified service of the state only	1546
may be reinstated with the consent of the director of	1547
administrative services. But, if that separation is due to injury	1548
or physical or psychiatric disability, the person shall be	1549
reinstated in the same office held or in a similar position to	1550
that held at the time of separation, within ~~thirty~~sixty days	1551
after written application for reinstatement, if the person passes	1552
a physical or psychiatric examination made by a licensed	1553
physician, a physician assistant, a clinical nurse specialist, a	1554
certified nurse practitioner, or a certified nurse-midwife showing	1555
that the person has recovered from the injury or physical or	1556
psychiatric disability, if the application for reinstatement is	1557
filed within two years from the date of separation, and if the	1558
application is not filed after the date of service eligibility	1559
retirement. The physician, physician assistant, clinical nurse	1560
specialist, certified nurse practitioner, or certified	1561
nurse-midwife shall be designated by the appointing authority and	1562
shall complete any written documentation of the physical or	1563
psychiatric examination.	1564

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

1565

(1) "Emergency medical service organization" has the same	1566
meaning as in section 4765.01 of the Revised Code.	1567

(2) "Private fire company" has the same meaning as in section	1568
9.60 of the Revised Code.	1569

(B) Except as otherwise provided in section 5139.03 of the	1570
Revised Code, whenever a state agency determines that it has	1571
excess or surplus supplies, it shall notify the director of	1572
administrative services. Upon request by the director and on forms	1573
provided by the director, the state agency shall furnish to the	1574
director a list of all those excess and surplus supplies and an	1575
appraisal of their value.	1576

(C) The director of administrative services shall take	1577
immediate control of a state agency's excess and surplus supplies,	1578
except for the following excess and surplus supplies:	1579

(1) Excess or surplus supplies that have a value below the	1580
minimum value that the director establishes for excess and surplus	1581
supplies under division (F) of this section;	1582

(2) Excess or surplus supplies that the director has	1583
authorized an agency to donate to a public entity, including, but	1584
not limited to, public schools and surplus computers and computer	1585
equipment transferred to a public school under division (H) of	1586
this section;	1587

(3) Excess or surplus supplies that an agency trades in as	1588
full or partial payment when purchasing a replacement item;	1589

(4) Hazardous property.

1590

(D) The director shall inventory excess and surplus supplies	1591
in the director's control and may have the supplies repaired.	1592

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

1593

(1) Dispose of declared surplus or excess supplies in the	1594
director's control by sale, lease, donation, or transfer. If the	1595
director does so, the director shall dispose of those supplies in	1596
the following order of priority:	1597

(a) To state agencies;

1598

(b) To state-supported or state-assisted institutions of	1599
higher education;	1600

(c) To tax-supported agencies, municipal corporations, or	1601
other political subdivisions of this state, private fire	1602
companies, or private, nonprofit emergency medical service	1603
organizations;	1604

(d) To nonpublic elementary and secondary schools chartered	1605
by the state board of education under section 3301.16 of the	1606
Revised Code;	1607

(e) To the general public by auction, sealed bid, sale, or	1608
negotiation.	1609

(2) If the director has attempted to dispose of any declared	1610
surplus or excess motor vehicle that does not exceed four thousand	1611
five hundred dollars in value pursuant to divisions (E)(1)(a) to	1612
(c) of this section, donate the motor vehicle to a nonprofit	1613
organization exempt from federal income taxation pursuant to 26	1614
U.S.C. 501(a) and (c)(3) for the purpose of meeting the	1615
transportation needs of participants in the Ohio works first	1616
program established under Chapter 5107. of the Revised Code and	1617
participants in the prevention, retention, and contingency program	1618
established under Chapter 5108. of the Revised Code. The director	1619
may not donate a motor vehicle furnished to the state highway	1620
patrol to a nonprofit organization pursuant to this division.	1621

(F) The director may adopt rules governing the sale, lease,	1622
or transfer of surplus and excess supplies in the director's	1623
control by public auction, sealed bid, sale, or negotiation,	1624
except that no employee of the disposing agency shall be allowed	1625
to purchase, lease, or receive any such supplies. The director may	1626
dispose of declared surplus or excess supplies, including motor	1627
vehicles, in the director's control as the director determines	1628
proper if such supplies cannot be disposed of pursuant to division	1629
(E) of this section. The director shall by rule establish a	1630
minimum value for excess and surplus supplies and prescribe	1631
procedures for a state agency to follow in disposing of excess and	1632
surplus supplies in its control that have a value below the	1633
minimum value established by the director.	1634

(G) No state-supported or state-assisted institution of	1635
higher education, tax-supported agency, municipal corporation, or	1636
other political subdivision of this state, private fire company,	1637
or private, nonprofit emergency medical service organization shall	1638
sell, lease, or transfer excess or surplus supplies acquired under	1639
this section to private entities or the general public at a price	1640
greater than the price it originally paid for those supplies.	1641

(H) The director of administrative services may authorize any	1642
state agency to transfer surplus computers and computer equipment	1643
that are not needed by other state agencies directly to an	1644
accredited public school within the state. The computers and	1645
computer equipment may be repaired or refurbished prior to	1646
transfer. The state agency may charge a service fee to the public	1647
schools for the property not to exceed the direct cost of	1648
repairing or refurbishing it. The state agency shall deposit such	1649
funds into the account used for repair or refurbishment.	1650

Sec. 125.18. (A) There is hereby established the office of	1651
information technology within the department of administrative	1652
services. The office shall be under the supervision of a state	1653
chief information officer to be appointed by the director of	1654
administrative services and subject to removal at the pleasure of	1655
the director. The chief information officer is an assistant	1656
director of administrative services.	1657

(B) Under the direction of the director of administrative	1658
services, the state chief information officer shall lead, oversee,	1659
and direct state agency activities related to information	1660
technology development and use. In that regard, the state chief	1661
information officer shall do all of the following:	1662

(1) Coordinate and superintend statewide efforts to promote	1663
common use and development of technology by state agencies. The	1664
office of information technology shall establish policies and	1665
standards that govern and direct state agency participation in	1666
statewide programs and initiatives.	1667

(2) Establish policies and standards for the acquisition and	1668
use of common information technology by state agencies, including,	1669
but not limited to, hardware, software, technology services, and	1670
security, and the extension of the service life of information	1671
technology systems, with which state agencies shall comply;	1672

(3) Establish criteria and review processes to identify state	1673
agency information technology projects or purchases that require	1674
alignment or oversight. As appropriate, the department of	1675
administrative services shall provide the governor and the	1676
director of budget and management with notice and advice regarding	1677
the appropriate allocation of resources for those projects. The	1678
state chief information officer may require state agencies to	1679
provide, and may prescribe the form and manner by which they must	1680
provide, information to fulfill the state chief information	1681
officer's alignment and oversight role;	1682

(4) Establish policies and procedures for the security of	1683
personal information that is maintained and destroyed by state	1684
agencies;	1685

(5) Employ a chief information security officer who is	1686
responsible for the implementation of the policies and procedures	1687
described in division (B)(4) of this section and for coordinating	1688
the implementation of those policies and procedures in all of the	1689
state agencies;	1690

(6) Employ a chief privacy officer who is responsible for	1691
advising state agencies when establishing policies and procedures	1692
for the security of personal information and developing education	1693
and training programs regarding the state's security procedures;	1694

(7) Establish policies on the purchasing, use, and	1695
reimbursement for use of handheld computing and telecommunications	1696
devices by state agency employees;	1697

(8) Establish policies for the reduction of printing and the	1698
use of electronic records by state agencies;	1699

(9) Establish policies for the reduction of energy	1700
consumption by state agencies;	1701

(10) Compute the amount of revenue attributable to the	1702
amortization of all equipment purchases and capitalized systems	1703
from information technology service delivery and major information	1704
technology purchases operating appropriation items and major	1705
computer purchases capital appropriation items that is recovered	1706
as part of the information technology services rates the	1707
department of administrative services charges and deposits into	1708
the information technology fund created in section 125.15 of the	1709
Revised Code;	1710

(11) Regularly review and make recommendations regarding	1711
improving the infrastructure of the state's cybersecurity	1712
operations with existing resources and through partnerships	1713
between government, business, and institutions of higher	1714
education;	1715

(12) Assist, as needed, with general state efforts to grow	1716
the cybersecurity industry in this state.	1717

(C)(1) The chief information security officer shall assist	1718
each state agency with the development of an information	1719
technology security strategic plan and review that plan, and each	1720
state agency shall submit that plan to the state chief information	1721
officer. The chief information security officer may require that	1722
each state agency update its information technology security	1723
strategic plan annually as determined by the state chief	1724
information officer.	1725

(2) Prior to the implementation of any information technology	1726
data system, a state agency shall prepare or have prepared a	1727
privacy impact statement for that system.	1728

(D) When a state agency requests a purchase of information	1729
technology supplies or services under Chapter 125. of the Revised	1730
Code, the state chief information officer may review and reject	1731
the requested purchase for noncompliance with information	1732
technology direction, plans, policies, standards, or	1733
project-alignment criteria.	1734

(E) The office of information technology may operate	1735
technology services for state agencies in accordance with this	1736
chapter.	1737

(F) With the approval of the director of administrative	1738
services, the office of information technology may establish	1739
cooperative agreements with federal and local government agencies	1740
and state agencies that are not under the authority of the	1741
governor for the provision of technology services and the	1742
development of technology projects.	1743

(G) The office of information technology may operate a	1744
program to make information technology purchases. The director of	1745
administrative services may recover the cost of operating the	1746
program from all participating government entities by issuing	1747
intrastate transfer voucher billings for the procured technology	1748
or through any pass-through billing method agreed to by the	1749
director of administrative services, the director of budget and	1750
management, and the participating government entities that will	1751
receive the procured technology.	1752

If the director of administrative services chooses to recover	1753
the program costs through intrastate transfer voucher billings,	1754
the participating government entities shall process the intrastate	1755
transfer vouchers to pay for the cost. Amounts received under this	1756
section for the information technology purchase program shall be	1757
deposited to the credit of the information technology governance	1758
fund created in section 125.15 of the Revised Code.	1759

(H) Upon request from the director of administrative	1760
services, the director of budget and management may transfer cash	1761
from the information technology fund created in section 125.15 of	1762
the Revised Code to the major information technology purchases	1763
fund in an amount not to exceed the amount computed under division	1764
(B)(10) of this section. The major information technology	1765
purchases fund is hereby created in the state treasury.	1766

(I) As used in this section:

1767

(1) "Personal information" has the same meaning as in section	1768
149.45 of the Revised Code.	1769

(2) "State agency" means every organized body, office, or	1770
agency established by the laws of the state for the exercise of	1771
any function of state government, other than any state-supported	1772
institution of higher education, the office of the auditor of	1773
state, treasurer of state, secretary of state, or attorney	1774
general, the adjutant general's department, the bureau of workers'	1775
compensation, the industrial commission, the public employees	1776
retirement system, the Ohio police and fire pension fund, the	1777
state teachers retirement system, the school employees retirement	1778
system, the state highway patrol retirement system, the general	1779
assembly or any legislative agency, the capitol square review	1780
advisory board, or the courts or any judicial agency.	1781

Sec. 125.182. ~~The office of information technology, by itself~~	1782
~~or by contract with another entity,~~(A) An Ohio trade association	1783
that represents the majority of newspapers of general circulation	1784
as defined in section 7.12 of the Revised Code shall ~~establish,~~	1785
operate, and maintain ~~a state~~the official public notice web site.	1786
~~In establishing, maintaining, and operating the state public~~	1787
~~notice web site, the office of information technology~~	1788

Not later than one hundred eighty days after the effective	1789
date of this section, in all cases in which a notice or	1790
advertisement is required by a section of the Revised Code or an	1791
administrative rule to be published in a newspaper of general	1792
circulation, or in a daily law journal as required by section	1793
2701.09 of the Revised Code, the notice or advertisement also	1794
shall be posted on the official public notice web site by the	1795
publisher of the newspaper or journal.	1796

The operator of the official public notice web site shall:

1797

~~(A)~~(1) Use a domain name for the web site that will be easily	1798
recognizable and remembered by and understandable to users of the	1799
web site;	1800

~~(B)~~(2) Maintain the web site on the internet so that it is	1801
fully accessible to and searchable by members of the public at all	1802
times, other than during maintenance or acts of God outside the	1803
operator's control;	1804

~~(C)~~(3) Not charge a fee to a person ~~who~~that accesses,the	1805
web site to view notices or advertisements or to perform searches,	1806
~~or otherwise uses~~of the web site, provided that the operator may	1807
charge a fee for enhanced search and customized content delivery	1808
features;	1809

~~(D)~~(4) Not charge a fee to a state agency or political	1810
subdivision for publishing a notice or advertisement on the web	1811
site;	1812

~~(E)~~(5) Ensure that notices and advertisements displayed on	1813
the web site conform to the requirements that would apply to the	1814
notices and advertisements if they were being published in a	1815
newspaper, as directed in section 7.16 of the Revised Code or in	1816
the relevant provision of the statute or rule that requires the	1817
notice;	1818

~~(F)~~(6) Ensure that notices and advertisements continue to be	1819
displayed on the web site for not less than the length of time	1820
required by the relevant provision of the statute or rule that	1821
requires the notice or advertisement;	1822

~~(G) Devise and display on the web site a form that may be~~	1823
~~downloaded and used to request publication of a notice on the web~~	1824
~~site;~~	1825

~~(H) Enable responsible parties to submit notices and requests~~	1826
~~for their publication;~~	1827

~~(I)~~(7) Maintain an archive of notices and advertisements that	1828
no longer are displayed on the web site;	1829

~~(J)~~(8) Enable notices and advertisements, both those	1830
currently displayed and those archived, to be accessed by key	1831
word, by party name, by case number, by county, and by other	1832
useful identifiers;	1833

~~(K)~~(9) Maintain adequate systemic security and backup	1834
features, and develop and maintain a contingency plan for coping	1835
with and recovering from power outages, systemic failures, and	1836
other unforeseeable difficulties;	1837

~~(L) Maintain the web site in such a manner that it will not~~	1838
~~infringe legally protected interests, so that vulnerability of the~~	1839
~~web site to interruption because of litigation or the threat of~~	1840
~~litigation is reduced; and~~	1841

~~(M) Submit a status report to the secretary of state twice~~	1842
~~annually that demonstrates compliance with statutory requirements~~	1843
~~governing publication of notices.~~	1844

~~The office of information technology shall bear the expense~~	1845
~~of maintaining the state public notice web site domain name~~(10)	1846
Provide access to the web site to the publisher of any Ohio	1847
newspaper or daily law journal that qualifies under the Revised	1848
Code to publish notices and advertisements, for the posting of	1849
notices and advertisements at no cost, or for a reasonable,	1850
uniform fee for the service; and	1851

(11) Provide, if requested, a regularly scheduled feed or	1852
similar data transfer to the department of administrative services	1853
of notices and advertisements posted on the web site, provided	1854
that the operator of the web site shall not be required to provide	1855
the feed or transfer more often than once every business day.	1856

(B) An error in a notice or advertisement posted on the	1857
official public notice web site, or a temporary web site outage or	1858
service interruption preventing the posting or display of a notice	1859
or advertisement on that web site, does not constitute a defect in	1860
making legal publication of the notice or advertisement, and	1861
publication requirements shall be considered met if the notice or	1862
advertisement published in the newspaper or daily law journal is	1863
correct.	1864

(C) The official public notice web site shall not contain any	1865
political publications or political advertising described in	1866
division (A)(1)(a), (b), or (c) of section 3517.20 of the Revised	1867
Code.	1868

(D) The publisher of a newspaper of general circulation or of	1869
a daily law journal that maintains a web site shall include on its	1870
web site a link to the official public notice web site.	1871

Sec. 126.21. (A) The director of budget and management shall	1872
do all of the following:	1873

(1) Keep all necessary accounting records;

1874

(2) Prescribe and maintain the accounting system of the state	1875
and establish appropriate accounting procedures and charts of	1876
accounts;	1877

(3) Establish procedures for the use of written, electronic,	1878
optical, or other communications media for approving and reviewing	1879
payment vouchers;	1880

(4) Reconcile, in the case of any variation between the	1881
amount of any appropriation and the aggregate amount of items of	1882
the appropriation, with the advice and assistance of the state	1883
agency affected by it and the legislative service commission,	1884
totals so as to correspond in the aggregate with the total	1885
appropriation. In the case of a conflict between the item and the	1886
total of which it is a part, the item shall be considered the	1887
intended appropriation.	1888

(5) Evaluate on an ongoing basis and, if necessary, recommend	1889
improvements to the internal controls used in state agencies;	1890

(6) Authorize the establishment of petty cash accounts. The	1891
director may withdraw approval for any petty cash account and	1892
require the officer in charge to return to the state treasury any	1893
unexpended balance shown by the officer's accounts to be on hand.	1894
Any officer who is issued a warrant for petty cash shall render a	1895
detailed account of the expenditures of the petty cash and shall	1896
report when requested the balance of petty cash on hand at any	1897
time.	1898

(7) Process orders, invoices, vouchers, claims, and payrolls	1899
and prepare financial reports and statements;	1900

(8) Perform extensions, reviews, and compliance checks prior	1901
to or after approving a payment as the director considers	1902
necessary;	1903

(9) Issue the official comprehensive annual financial report	1904
of the state. The report shall cover all funds of the state	1905
reporting entity and shall include basic financial statements and	1906
required supplementary information prepared in accordance with	1907
generally accepted accounting principles and other information as	1908
the director provides. All state agencies, authorities,	1909
institutions, offices, retirement systems, and other component	1910
units of the state reporting entity as determined by the director	1911
shall furnish the director whatever financial statements and other	1912
information the director requests for the report, in the form, at	1913
the times, covering the periods, and with the attestation the	1914
director prescribes. The information for state institutions of	1915
higher education, as defined in section 3345.011 of the Revised	1916
Code, shall be submitted to the chancellor by the Ohio board of	1917
regents. The board shall establish a due date by which each such	1918
institution shall submit the information to the board, but no such	1919
date shall be later than one hundred twenty days after the end of	1920
the state fiscal year unless a later date is approved by the	1921
director.	1922

(B) In addition to the director's duties under division (A)	1923
of this section, the director may establish and administer one or	1924
more ~~state~~ payment card programs that permit ~~or require~~ state	1925
agencies and political subdivisions to use a payment card to	1926
purchase equipment, materials, supplies, or services in accordance	1927
with guidelines issued by the director. The chief administrative	1928
officer of a state agency or political subdivision that uses a	1929
payment card for such purposes shall ensure that purchases made	1930
with the card are made in accordance with the guidelines issued by	1931
the director ~~and do not exceed the unexpended, unencumbered,~~	1932
~~unobligated balance in the appropriation to be charged for the~~	1933
~~purchase~~. State agencies may participate in only those ~~state~~	1934
payment card programs that the director establishes pursuant to	1935
this section.	1936

(C) In addition to the director's duties under divisions (A)	1937
and (B) of this section, the director may enter into any contract	1938
or agreement necessary for and incidental to the performance of	1939
the director's duties or the duties of the office of budget and	1940
management.	1941

(D) In addition to the director's duties under divisions (A),	1942
(B), and (C) of this section, the director may operate a shared	1943
services center within the office of budget and management for the	1944
purpose of consolidating common business functions and	1945
transactional processes. The services offered by the shared	1946
services center may be provided to any state agency or political	1947
subdivision. In consultation with the director of administrative	1948
services, the director may appoint and fix the compensation of	1949
employees of the office ~~of budget and management~~ whose primary	1950
duties include the consolidation of ~~statewide financing~~common	1951
business functions and ~~common~~ transactional processes.	1952

(E) The director may transfer cash between funds other than	1953
the general revenue fund in order to correct an erroneous payment	1954
or deposit regardless of the fiscal year during which the	1955
erroneous payment or deposit occurred.	1956

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

1957

(1) "Political subdivision" has the same meaning as in	1958
section 2744.01 of the Revised Code.	1959

(2) "State agency" has the same meaning as in section 9.482	1960
of the Revised Code.	1961

Sec. 126.25. The ~~accounting and budgeting~~ services provided	1962
by the director of budget and management under section 126.21 of	1963
the Revised Code shall be supported by ~~user~~ charges. The director	1964
shall determine a rate that is sufficient to defray the expense of	1965
those services and the manner by which those charges shall be	1966
collected. All money collected from ~~user~~the charges shall be	1967
deposited in the state treasury to the credit of the accounting	1968
and budgeting fund, which is hereby created. Rebates or revenue	1969
shares received from any ~~state~~ payment card program established	1970
under division (B) of section 126.21 of the Revised Code and	1971
miscellaneous payments that reimburse expenses paid from the	1972
accounting and budgeting fund may be deposited into the accounting	1973
and budgeting fund and used to support ~~accounting and budgeting~~	1974
the services provided by the director.	1975

Sec. 133.06. (A) A school district shall not incur, without	1976
a vote of the electors, net indebtedness that exceeds an amount	1977
equal to one-tenth of one per cent of its tax valuation, except as	1978
provided in divisions (G) and (H) of this section and in division	1979
~~(C)~~(D) of section 3313.372 of the Revised Code, or as prescribed	1980
in section 3318.052 or 3318.44 of the Revised Code, or as provided	1981
in division (J) of this section.	1982

(B) Except as provided in divisions (E), (F), and (I) of this	1983
section, a school district shall not incur net indebtedness that	1984
exceeds an amount equal to nine per cent of its tax valuation.	1985

(C) A school district shall not submit to a vote of the	1986
electors the question of the issuance of securities in an amount	1987
that will make the district's net indebtedness after the issuance	1988
of the securities exceed an amount equal to four per cent of its	1989
tax valuation, unless the superintendent of public instruction,	1990
acting under policies adopted by the state board of education, and	1991
the tax commissioner, acting under written policies of the	1992
commissioner, consent to the submission. A request for the	1993
consents shall be made at least one hundred twenty days prior to	1994
the election at which the question is to be submitted.	1995

The superintendent of public instruction shall certify to the	1996
district the superintendent's and the tax commissioner's decisions	1997
within thirty days after receipt of the request for consents.	1998

If the electors do not approve the issuance of securities at	1999
the election for which the superintendent of public instruction	2000
and tax commissioner consented to the submission of the question,	2001
the school district may submit the same question to the electors	2002
on the date that the next special election may be held under	2003
section 3501.01 of the Revised Code without submitting a new	2004
request for consent. If the school district seeks to submit the	2005
same question at any other subsequent election, the district shall	2006
first submit a new request for consent in accordance with this	2007
division.	2008

(D) In calculating the net indebtedness of a school district,	2009
none of the following shall be considered:	2010

(1) Securities issued to acquire school buses and other	2011
equipment used in transporting pupils or issued pursuant to	2012
division (D) of section 133.10 of the Revised Code;	2013

(2) Securities issued under division (F) of this section,	2014
under section 133.301 of the Revised Code, and, to the extent in	2015
excess of the limitation stated in division (B) of this section,	2016
under division (E) of this section;	2017

(3) Indebtedness resulting from the dissolution of a joint	2018
vocational school district under section 3311.217 of the Revised	2019
Code, evidenced by outstanding securities of that joint vocational	2020
school district;	2021

(4) Loans, evidenced by any securities, received under	2022
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;	2023

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

2024

(6) Debt incurred pursuant to division (B)(5) of section	2025
3313.37 of the Revised Code to acquire computers and related	2026
hardware;	2027

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

2028

(E) A school district may become a special needs district as	2029
to certain securities as provided in division (E) of this section.	2030

(1) A board of education, by resolution, may declare its	2031
school district to be a special needs district by determining both	2032
of the following:	2033

(a) The student population is not being adequately serviced	2034
by the existing permanent improvements of the district.	2035

(b) The district cannot obtain sufficient funds by the	2036
issuance of securities within the limitation of division (B) of	2037
this section to provide additional or improved needed permanent	2038
improvements in time to meet the needs.	2039

(2) The board of education shall certify a copy of that	2040
resolution to the superintendent of public instruction with a	2041
statistical report showing all of the following:	2042

(a) The history of and a projection of the growth of the tax	2043
valuation;	2044

(b) The projected needs;

2045

(c) The estimated cost of permanent improvements proposed to	2046
meet such projected needs.	2047

(3) The superintendent of public instruction shall certify	2048
the district as an approved special needs district if the	2049
superintendent finds both of the following:	2050

(a) The district does not have available sufficient	2051
additional funds from state or federal sources to meet the	2052
projected needs.	2053

(b) The projection of the potential average growth of tax	2054
valuation during the next five years, according to the information	2055
certified to the superintendent and any other information the	2056
superintendent obtains, indicates a likelihood of potential	2057
average growth of tax valuation of the district during the next	2058
five years of an average of not less than one and one-half per	2059
cent per year. The findings and certification of the	2060
superintendent shall be conclusive.	2061

(4) An approved special needs district may incur net	2062
indebtedness by the issuance of securities in accordance with the	2063
provisions of this chapter in an amount that does not exceed an	2064
amount equal to the greater of the following:	2065

(a) Twelve per cent of the sum of its tax valuation plus an	2066
amount that is the product of multiplying that tax valuation by	2067
the percentage by which the tax valuation has increased over the	2068
tax valuation on the first day of the sixtieth month preceding the	2069
month in which its board determines to submit to the electors the	2070
question of issuing the proposed securities;	2071

(b) Twelve per cent of the sum of its tax valuation plus an	2072
amount that is the product of multiplying that tax valuation by	2073
the percentage, determined by the superintendent of public	2074
instruction, by which that tax valuation is projected to increase	2075
during the next ten years.	2076

(F) A school district may issue securities for emergency	2077
purposes, in a principal amount that does not exceed an amount	2078
equal to three per cent of its tax valuation, as provided in this	2079
division.	2080

(1) A board of education, by resolution, may declare an	2081
emergency if it determines both of the following:	2082

(a) School buildings or other necessary school facilities in	2083
the district have been wholly or partially destroyed, or condemned	2084
by a constituted public authority, or that such buildings or	2085
facilities are partially constructed, or so constructed or planned	2086
as to require additions and improvements to them before the	2087
buildings or facilities are usable for their intended purpose, or	2088
that corrections to permanent improvements are necessary to remove	2089
or prevent health or safety hazards.	2090

(b) Existing fiscal and net indebtedness limitations make	2091
adequate replacement, additions, or improvements impossible.	2092

(2) Upon the declaration of an emergency, the board of	2093
education may, by resolution, submit to the electors of the	2094
district pursuant to section 133.18 of the Revised Code the	2095
question of issuing securities for the purpose of paying the cost,	2096
in excess of any insurance or condemnation proceeds received by	2097
the district, of permanent improvements to respond to the	2098
emergency need.	2099

(3) The procedures for the election shall be as provided in	2100
section 133.18 of the Revised Code, except that:	2101

(a) The form of the ballot shall describe the emergency	2102
existing, refer to this division as the authority under which the	2103
emergency is declared, and state that the amount of the proposed	2104
securities exceeds the limitations prescribed by division (B) of	2105
this section;	2106

(b) The resolution required by division (B) of section 133.18	2107
of the Revised Code shall be certified to the county auditor and	2108
the board of elections at least one hundred days prior to the	2109
election;	2110

(c) The county auditor shall advise and, not later than	2111
ninety-five days before the election, confirm that advice by	2112
certification to, the board of education of the information	2113
required by division (C) of section 133.18 of the Revised Code;	2114

(d) The board of education shall then certify its resolution	2115
and the information required by division (D) of section 133.18 of	2116
the Revised Code to the board of elections not less than ninety	2117
days prior to the election.	2118

(4) Notwithstanding division (B) of section 133.21 of the	2119
Revised Code, the first principal payment of securities issued	2120
under this division may be set at any date not later than sixty	2121
months after the earliest possible principal payment otherwise	2122
provided for in that division.	2123

(G)(1) The board of education may contract with an architect,	2124
professional engineer, or other person experienced in the design	2125
and implementation of energy conservation measures for an analysis	2126
and recommendations pertaining to installations, modifications of	2127
installations, or remodeling that would significantly reduce	2128
energy consumption in buildings owned by the district. The report	2129
shall include estimates of all costs of such installations,	2130
modifications, or remodeling, including costs of design,	2131
engineering, installation, maintenance, repairs, and debt service,	2132
forgone residual value of materials or equipment replaced by the	2133
energy conservation measure, as defined by the Ohio school	2134
facilities commission, a baseline analysis of actual energy	2135
consumption data for the preceding three years with the utility	2136
baseline based on only the actual energy consumption data for the	2137
preceding twelve months, and estimates of the amounts by which	2138
energy consumption and resultant operational and maintenance	2139
costs, as defined by the commission, would be reduced.	2140

If the board finds after receiving the report that the amount	2141
of money the district would spend on such installations,	2142
modifications, or remodeling is not likely to exceed the amount of	2143
money it would save in energy and resultant operational and	2144
maintenance costs over the ensuing fifteen years, the board may	2145
submit to the commission a copy of its findings and a request for	2146
approval to incur indebtedness to finance the making or	2147
modification of installations or the remodeling of buildings for	2148
the purpose of significantly reducing energy consumption.	2149

The school facilities commission, in consultation with the	2150
auditor of state, may deny a request under this division by the	2151
board of education any school district is in a state of fiscal	2152
watch pursuant to division (A) of section 3316.03 of the Revised	2153
Code, if it determines that the expenditure of funds is not in the	2154
best interest of the school district.	2155

No district board of education of a school district that is	2156
in a state of fiscal emergency pursuant to division (B) of section	2157
3316.03 of the Revised Code shall submit a request without	2158
submitting evidence that the installations, modifications, or	2159
remodeling have been approved by the district's financial planning	2160
and supervision commission established under section 3316.05 of	2161
the Revised Code.	2162

No board of education of a school district that, for three or	2163
more consecutive years, has been declared to be in a state of	2164
academic emergency under section 3302.03 of the Revised Code, as	2165
that section existed prior to March 22, 2013, and has failed to	2166
meet adequate yearly progress, or has met any condition set forth	2167
in division (A)(2), (3), or (4) of section 3302.10 of the Revised	2168
Code shall submit a request without first receiving approval to	2169
incur indebtedness from the district's academic distress	2170
commission established under that section, for so long as such	2171
commission continues to be required for the district.	2172

(2) The school facilities commission shall approve the	2173
board's request provided that the following conditions are	2174
satisfied:	2175

(a) The commission determines that the board's findings are	2176
reasonable.	2177

(b) The request for approval is complete.

2178

(c) The installations, modifications, or remodeling are	2179
consistent with any project to construct or acquire classroom	2180
facilities, or to reconstruct or make additions to existing	2181
classroom facilities under sections 3318.01 to 3318.20 or sections	2182
3318.40 to 3318.45 of the Revised Code.	2183

Upon receipt of the commission's approval, the district may	2184
issue securities without a vote of the electors in a principal	2185
amount not to exceed nine-tenths of one per cent of its tax	2186
valuation for the purpose of making such installations,	2187
modifications, or remodeling, but the total net indebtedness of	2188
the district without a vote of the electors incurred under this	2189
and all other sections of the Revised Code, except section	2190
3318.052 of the Revised Code, shall not exceed one per cent of the	2191
district's tax valuation.	2192

(3) So long as any securities issued under this division	2193
remain outstanding, the board of education shall monitor the	2194
energy consumption and resultant operational and maintenance costs	2195
of buildings in which installations or modifications have been	2196
made or remodeling has been done pursuant to this division and	2197
shall maintain and annually update a report documenting the	2198
reductions in energy consumption and resultant operational and	2199
maintenance cost savings attributable to such installations,	2200
modifications, or remodeling. The report shall be certified by an	2201
architect or engineer independent of any person that provided	2202
goods or services to the board in connection with the energy	2203
conservation measures that are the subject of the report. The	2204
resultant operational and maintenance cost savings shall be	2205
certified by the school district treasurer. The report shall be	2206
submitted annually to the commission.	2207

(H) With the consent of the superintendent of public	2208
instruction, a school district may incur without a vote of the	2209
electors net indebtedness that exceeds the amounts stated in	2210
divisions (A) and (G) of this section for the purpose of paying	2211
costs of permanent improvements, if and to the extent that both of	2212
the following conditions are satisfied:	2213

(1) The fiscal officer of the school district estimates that	2214
receipts of the school district from payments made under or	2215
pursuant to agreements entered into pursuant to section 725.02,	2216
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	2217
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	2218
Code, or distributions under division (C) of section 5709.43 of	2219
the Revised Code, or any combination thereof, are, after	2220
accounting for any appropriate coverage requirements, sufficient	2221
in time and amount, and are committed by the proceedings, to pay	2222
the debt charges on the securities issued to evidence that	2223
indebtedness and payable from those receipts, and the taxing	2224
authority of the district confirms the fiscal officer's estimate,	2225
which confirmation is approved by the superintendent of public	2226
instruction;	2227

(2) The fiscal officer of the school district certifies, and	2228
the taxing authority of the district confirms, that the district,	2229
at the time of the certification and confirmation, reasonably	2230
expects to have sufficient revenue available for the purpose of	2231
operating such permanent improvements for their intended purpose	2232
upon acquisition or completion thereof, and the superintendent of	2233
public instruction approves the taxing authority's confirmation.	2234

The maximum maturity of securities issued under division (H)	2235
of this section shall be the lesser of twenty years or the maximum	2236
maturity calculated under section 133.20 of the Revised Code.	2237

(I) A school district may incur net indebtedness by the	2238
issuance of securities in accordance with the provisions of this	2239
chapter in excess of the limit specified in division (B) or (C) of	2240
this section when necessary to raise the school district portion	2241
of the basic project cost and any additional funds necessary to	2242
participate in a project under Chapter 3318. of the Revised Code,	2243
including the cost of items designated by the Ohio school	2244
facilities commission as required locally funded initiatives, the	2245
cost of other locally funded initiatives in an amount that does	2246
not exceed fifty per cent of the district's portion of the basic	2247
project cost, and the cost for site acquisition. The school	2248
facilities commission shall notify the superintendent of public	2249
instruction whenever a school district will exceed either limit	2250
pursuant to this division.	2251

(J) A school district whose portion of the basic project cost	2252
of its classroom facilities project under sections 3318.01 to	2253
3318.20 of the Revised Code is greater than or equal to one	2254
hundred million dollars may incur without a vote of the electors	2255
net indebtedness in an amount up to two per cent of its tax	2256
valuation through the issuance of general obligation securities in	2257
order to generate all or part of the amount of its portion of the	2258
basic project cost if the controlling board has approved the	2259
school facilities commission's conditional approval of the project	2260
under section 3318.04 of the Revised Code. The school district	2261
board and the Ohio school facilities commission shall include the	2262
dedication of the proceeds of such securities in the agreement	2263
entered into under section 3318.08 of the Revised Code. No state	2264
moneys shall be released for a project to which this section	2265
applies until the proceeds of any bonds issued under this section	2266
that are dedicated for the payment of the school district portion	2267
of the project are first deposited into the school district's	2268
project construction fund.	2269

Sec. 133.07. (A) A county shall not incur, without a vote of	2270
the electors, either of the following:	2271

(1) Net indebtedness for all purposes that exceeds an amount	2272
equal to one per cent of its tax valuation;	2273

(2) Net indebtedness for the purpose of paying the county's	2274
share of the cost of the construction, improvement, maintenance,	2275
or repair of state highways that exceeds an amount equal to	2276
one-half of one per cent of its tax valuation.	2277

(B) A county shall not incur total net indebtedness that	2278
exceeds an amount equal to one of the following limitations that	2279
applies to the county:	2280

(1) A county with a valuation not exceeding one hundred	2281
million dollars, three per cent of that tax valuation;	2282

(2) A county with a tax valuation exceeding one hundred	2283
million dollars but not exceeding three hundred million dollars,	2284
three million dollars plus one and one-half per cent of that tax	2285
valuation in excess of one hundred million dollars;	2286

(3) A county with a tax valuation exceeding three hundred	2287
million dollars, six million dollars plus two and one-half per	2288
cent of that tax valuation in excess of three hundred million	2289
dollars.	2290

(C) In calculating the net indebtedness of a county, none of	2291
the following securities shall be considered:	2292

(1) Securities described in section 307.201 of the Revised	2293
Code;	2294

(2) Self-supporting securities issued for any purposes,	2295
including, but not limited to, any of the following general	2296
purposes:	2297

(a) Water systems or facilities;

2298

(b) Sanitary sewerage systems or facilities, or surface and	2299
storm water drainage and sewerage systems or facilities, or a	2300
combination of those systems or facilities;	2301

(c) County or joint county scrap tire collection, storage,	2302
monocell, monofill, or recovery facilities, or any combination of	2303
those facilities;	2304

(d) Off-street parking lots, facilities, or buildings, or	2305
on-street parking facilities, or any combination of off-street and	2306
on-street parking facilities;	2307

(e) Facilities for the care or treatment of the sick or	2308
infirm, and for housing the persons providing that care or	2309
treatment and their families;	2310

(f) Recreational, sports, convention, auditorium, museum,	2311
trade show, and other public attraction facilities;	2312

(g) Facilities for natural resources exploration,	2313
development, recovery, use, and sale;	2314

(h) Correctional and detention facilities and related	2315
rehabilitation facilities.	2316

(3) Securities issued for the purpose of purchasing,	2317
constructing, improving, or extending water or sanitary or surface	2318
and storm water sewerage systems or facilities, or a combination	2319
of those systems or facilities, to the extent that an agreement	2320
entered into with another subdivision requires the other	2321
subdivision to pay to the county amounts equivalent to debt	2322
charges on the securities;	2323

(4) Voted general obligation securities issued for the	2324
purpose of permanent improvements for sanitary sewerage or water	2325
systems or facilities to the extent that the total principal	2326
amount of voted securities outstanding for the purpose does not	2327
exceed an amount equal to two per cent of the county's tax	2328
valuation;	2329

(5) Securities issued for permanent improvements to house	2330
agencies, departments, boards, or commissions of the county or of	2331
any municipal corporation located, in whole or in part, in the	2332
county, to the extent that the revenues, other than revenues from	2333
unvoted county property taxes, derived from leases or other	2334
agreements between the county and those agencies, departments,	2335
boards, commissions, or municipal corporations relating to the use	2336
of the permanent improvements are sufficient to cover the cost of	2337
all operating expenses of the permanent improvements paid by the	2338
county and debt charges on the securities;	2339

(6) Securities issued pursuant to section 133.08 of the	2340
Revised Code;	2341

(7) Securities issued for the purpose of acquiring or	2342
constructing roads, highways, bridges, or viaducts, for the	2343
purpose of acquiring or making other highway permanent	2344
improvements, or for the purpose of procuring and maintaining	2345
computer systems for the office of the clerk of any	2346
county-operated municipal court, for the office of the clerk of	2347
the court of common pleas, or for the office of the clerk of the	2348
probate, juvenile, or domestic relations division of the court of	2349
common pleas to the extent that the legislation authorizing the	2350
issuance of the securities includes a covenant to appropriate from	2351
moneys distributed to the county pursuant to division (B) of	2352
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or	2353
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a	2354
sufficient amount to cover debt charges on and financing costs	2355
relating to the securities as they become due;	2356

(8) Securities issued for the purpose of acquiring,	2357
constructing, improving, and equipping a county, multicounty, or	2358
multicounty-municipal jail, workhouse, juvenile detention	2359
facility, or correctional facility;	2360

(9) Securities issued for the acquisition, construction,	2361
equipping, or repair of any permanent improvement or any class or	2362
group of permanent improvements enumerated in a resolution adopted	2363
pursuant to division (D) of section 5739.026 of the Revised Code	2364
to the extent that the legislation authorizing the issuance of the	2365
securities includes a covenant to appropriate from moneys received	2366
from the taxes authorized under section 5739.023 and division	2367
(A)(5) of section 5739.026 of the Revised Code an amount	2368
sufficient to pay debt charges on the securities and those moneys	2369
shall be pledged for that purpose;	2370

(10) Securities issued for county or joint county solid waste	2371
or hazardous waste collection, transfer, or disposal facilities,	2372
or resource recovery and solid or hazardous waste recycling	2373
facilities, or any combination of those facilities;	2374

(11) Securities issued for the acquisition, construction, and	2375
equipping of a port authority educational and cultural facility	2376
under section 307.671 of the Revised Code;	2377

(12) Securities issued for the acquisition, construction,	2378
equipping, and improving of a municipal educational and cultural	2379
facility under division (B)(1) of section 307.672 of the Revised	2380
Code;	2381

(13) Securities issued for energy conservation measures under	2382
section 307.041 of the Revised Code;	2383

(14) Securities issued for the acquisition, construction,	2384
equipping, improving, or repair of a sports facility, including	2385
obligations issued to pay costs of a sports facility under section	2386
307.673 of the Revised Code;	2387

(15) Securities issued under section 755.17 of the Revised	2388
Code if the legislation authorizing issuance of the securities	2389
includes a covenant to appropriate from revenue received from a	2390
tax authorized under division (A)(5) of section 5739.026 and	2391
section 5741.023 of the Revised Code an amount sufficient to pay	2392
debt charges on the securities, and the board of county	2393
commissioners pledges that revenue for that purpose, pursuant to	2394
section 755.171 of the Revised Code;	2395

(16) Sales tax supported bonds issued pursuant to section	2396
133.081 of the Revised Code for the purpose of acquiring,	2397
constructing, improving, or equipping any permanent improvement to	2398
the extent that the legislation authorizing the issuance of the	2399
sales tax supported bonds pledges county sales taxes to the	2400
payment of debt charges on the sales tax supported bonds and	2401
contains a covenant to appropriate from county sales taxes a	2402
sufficient amount to cover debt charges or the financing costs	2403
related to the sales tax supported bonds as they become due;	2404

(17) Bonds or notes issued under section 133.60 of the	2405
Revised Code if the legislation authorizing issuance of the bonds	2406
or notes includes a covenant to appropriate from revenue received	2407
from a tax authorized under division (A)(9) of section 5739.026	2408
and section 5741.023 of the Revised Code an amount sufficient to	2409
pay the debt charges on the bonds or notes, and the board of	2410
county commissioners pledges that revenue for that purpose;	2411

(18) Securities issued under section 3707.55 of the Revised	2412
Code for the acquisition of real property by a general health	2413
district;	2414

(19) Securities issued under division (A)(3) of section	2415
3313.37 of the Revised Code for the acquisition of real and	2416
personal property by an educational service center;	2417

(20) Securities issued for the purpose of paying the costs of	2418
acquiring, constructing, reconstructing, renovating,	2419
rehabilitating, expanding, adding to, equipping, furnishing, or	2420
otherwise improving an arena, convention center, or a combination	2421
of an arena and convention center under section 307.695 of the	2422
Revised Code;	2423

(21) Securities issued for the purpose of paying project	2424
costs under section 307.678 of the Revised Code.	2425

(D) In calculating the net indebtedness of a county, no	2426
obligation incurred under division (F) of section 339.06 of the	2427
Revised Code shall be considered.	2428

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

2429

(1) "Historic building" means a building, including its	2430
structural components, that is located in this state and that is	2431
either individually listed on the national register of historic	2432
places under 16 U.S.C. 470a, located in a registered historic	2433
district, and certified by the state historic preservation officer	2434
as being of historic significance to the district, or is	2435
individually listed as an historic landmark designated by a local	2436
government certified under 16 U.S.C. 470a(c).	2437

(2) "Qualified rehabilitation expenditures" means	2438
expenditures paid or incurred during the rehabilitation period,	2439
and before and after that period as determined under 26 U.S.C. 47,	2440
by an owner or qualified lessee of an historic building to	2441
rehabilitate the building. "Qualified rehabilitation expenditures"	2442
includes architectural or engineering fees paid or incurred in	2443
connection with the rehabilitation, and expenses incurred in the	2444
preparation of nomination forms for listing on the national	2445
register of historic places. "Qualified rehabilitation	2446
expenditures" does not include any of the following:	2447

(a) The cost of acquiring, expanding, or enlarging an	2448
historic building;	2449

(b) Expenditures attributable to work done to facilities	2450
related to the building, such as parking lots, sidewalks, and	2451
landscaping;	2452

2453

(3) "Owner" of an historic building means a person holding	2454
the fee simple interest in the building. "Owner" does not include	2455
the state or a state agency, or any political subdivision as	2456
defined in section 9.23 of the Revised Code.	2457

(4) "Qualified lessee" means a person subject to a lease	2458
agreement for an historic building and eligible for the federal	2459
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee"	2460
does not include the state or a state agency or political	2461
subdivision as defined in section 9.23 of the Revised Code.	2462

(5) "Certificate owner" means the owner or qualified lessee	2463
of an historic building to which a rehabilitation tax credit	2464
certificate was issued under this section.	2465

(6) "Registered historic district" means an historic district	2466
listed in the national register of historic places under 16 U.S.C.	2467
470a, an historic district designated by a local government	2468
certified under 16 U.S.C. 470a(c), or a local historic district	2469
certified under 36 C.F.R. 67.8 and 67.9.	2470

(7) "Rehabilitation" means the process of repairing or	2471
altering an historic building or buildings, making possible an	2472
efficient use while preserving those portions and features of the	2473
building and its site and environment that are significant to its	2474
historic, architectural, and cultural values.	2475

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

2476

(a) If the rehabilitation initially was not planned to be	2477
completed in stages, a period chosen by the owner or qualified	2478
lessee not to exceed twenty-four months during which	2479
rehabilitation occurs;	2480

(b) If the rehabilitation initially was planned to be	2481
completed in stages, a period chosen by the owner or qualified	2482
lessee not to exceed sixty months during which rehabilitation	2483
occurs. Each stage shall be reviewed as a phase of a	2484
rehabilitation as determined under 26 C.F.R. 1.48-12 or a	2485
successor to that section.	2486

(9) "State historic preservation officer" or "officer" means	2487
the state historic preservation officer appointed by the governor	2488
under 16 U.S.C. 470a.	2489

(10) "Catalytic project" means the rehabilitation of an	2490
historic building, the rehabilitation of which will foster	2491
economic development within two thousand five hundred feet of the	2492
historic building.	2493

(B) The owner or qualified lessee of an historic building may	2494
apply to the director of development services for a rehabilitation	2495
tax credit certificate for qualified rehabilitation expenditures	2496
paid or incurred by such owner or qualified lessee after April 4,	2497
2007, for rehabilitation of an historic building. If the owner of	2498
an historic building enters a pass-through agreement with a	2499
qualified lessee for the purposes of the federal rehabilitation	2500
tax credit under 26 U.S.C. 47, the qualified rehabilitation	2501
expenditures paid or incurred by the owner after April 4, 2007,	2502
may be attributed to the qualified lessee.	2503

The form and manner of filing such applications shall be	2504
prescribed by rule of the director. Each application shall state	2505
the amount of qualified rehabilitation expenditures the applicant	2506
estimates will be paid or incurred. The director may require	2507
applicants to furnish documentation of such estimates.	2508

The director, after consultation with the tax commissioner	2509
and in accordance with Chapter 119. of the Revised Code, shall	2510
adopt rules that establish all of the following:	2511

(1) Forms and procedures by which applicants may apply for	2512
rehabilitation tax credit certificates;	2513

(2) Criteria for reviewing, evaluating, and approving	2514
applications for certificates within the limitations under	2515
division (D) of this section, criteria for assuring that the	2516
certificates issued encompass a mixture of high and low qualified	2517
rehabilitation expenditures, and criteria for issuing certificates	2518
under division (C)(3)(b) of this section;	2519

(3) Eligibility requirements for obtaining a certificate	2520
under this section;	2521

(4) The form of rehabilitation tax credit certificates;

2522

(5) Reporting requirements and monitoring procedures;

2523

(6) Procedures and criteria for conducting cost-benefit	2524
analyses of historic buildings that are the subjects of	2525
applications filed under this section. The purpose of a	2526
cost-benefit analysis shall be to determine whether rehabilitation	2527
of the historic building will result in a net revenue gain in	2528
state and local taxes once the building is used.	2529

(7) Any other rules necessary to implement and administer	2530
this section.	2531

(C) The director of development services shall review the	2532
applications with the assistance of the state historic	2533
preservation officer and determine whether all of the following	2534
criteria are met:	2535

(1) That the building that is the subject of the application	2536
is an historic building and the applicant is the owner or	2537
qualified lessee of the building;	2538

(2) That the rehabilitation will satisfy standards prescribed	2539
by the United States secretary of the interior under 16 U.S.C.	2540
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	2541
that section;	2542

(3) That receiving a rehabilitation tax credit certificate	2543
under this section is a major factor in:	2544

(a) The applicant's decision to rehabilitate the historic	2545
building; or	2546

(b) To increase the level of investment in such	2547
rehabilitation.	2548

An applicant shall demonstrate to the satisfaction of the	2549
state historic preservation officer and director of development	2550
services that the rehabilitation will satisfy the standards	2551
described in division (C)(2) of this section before the applicant	2552
begins the physical rehabilitation of the historic building.	2553

(D)(1) If the director of development services determines	2554
that an application meets the criteria in divisions (C)(1), (2),	2555
and (3) of this section, the director shall conduct a cost-benefit	2556
analysis for the historic building that is the subject of the	2557
application to determine whether rehabilitation of the historic	2558
building will result in a net revenue gain in state and local	2559
taxes once the building is used. The director shall consider the	2560
results of the cost-benefit analysis in determining whether to	2561
approve the application. The director shall also consider the	2562
potential economic impact and the regional distributive balance of	2563
the credits throughout the state. The director may approve an	2564
application only after completion of the cost-benefit analysis.	2565

(2) A rehabilitation tax credit certificate shall not be	2566
issued for an amount greater than the estimated amount furnished	2567
by the applicant on the application for such certificate and	2568
approved by the director. The director shall not approve more than	2569
a total of sixty million dollars of rehabilitation tax credits per	2570
fiscal year but the director may reallocate unused tax credits	2571
from a prior fiscal year for new applicants and such reallocated	2572
credits shall not apply toward the dollar limit of this division.	2573

(3) For rehabilitations with a rehabilitation period not	2574
exceeding twenty-four months as provided in division (A)~~(7)~~(8)(a)	2575
of this section, a rehabilitation tax credit certificate shall not	2576
be issued before the rehabilitation of the historic building is	2577
completed.	2578

(4) For rehabilitations with a rehabilitation period not	2579
exceeding sixty months as provided in division (A)~~(7)~~(8)(b) of	2580
this section, a rehabilitation tax credit certificate shall not be	2581
issued before a stage of rehabilitation is completed. After all	2582
stages of rehabilitation are completed, if the director cannot	2583
determine that the criteria in division (C) of this section are	2584
satisfied for all stages of rehabilitations, the director shall	2585
certify this finding to the tax commissioner, and any	2586
rehabilitation tax credits received by the applicant shall be	2587
repaid by the applicant and may be collected by assessment as	2588
unpaid tax by the commissioner.	2589

(5) The director of development services shall require the	2590
applicant to provide a third-party cost certification by a	2591
certified public accountant of the actual costs attributed to the	2592
rehabilitation of the historic building when qualified	2593
rehabilitation expenditures exceed two hundred thousand dollars.	2594

If an applicant whose application is approved for receipt of	2595
a rehabilitation tax credit certificate fails to provide to the	2596
director sufficient evidence of reviewable progress, including a	2597
viable financial plan, copies of final construction drawings, and	2598
evidence that the applicant has obtained all historic approvals	2599
within twelve months after the date the applicant received	2600
notification of approval, and if the applicant fails to provide	2601
evidence to the director that the applicant has secured and closed	2602
on financing for the rehabilitation within eighteen months after	2603
receiving notification of approval, the director may rescind the	2604
approval of the application. The director shall notify the	2605
applicant if the approval has been rescinded. Credits that would	2606
have been available to an applicant whose approval was rescinded	2607
shall be available for other qualified applicants. Nothing in this	2608
division prohibits an applicant whose approval has been rescinded	2609
from submitting a new application for a rehabilitation tax credit	2610
certificate.	2611

(6) The director of development services may approve the	2612
application of, and issue a rehabilitation tax credit certificate	2613
to, the owner of a catalytic project, provided the application	2614
otherwise meets the criteria described in divisions (C) and (D) of	2615
this section. The director may not issue more than one	2616
rehabilitation tax credit certificate under division (D)(6) of	2617
this section during each state fiscal biennium. The director shall	2618
consider the following criteria in determining whether to issue a	2619
certificate under division (D)(6) of this section:	2620

(a) Whether the historic building is a catalytic project;

2621

(b) The effect issuance of the certificate would have on the	2622
availability of credits for other applicants that qualify for a	2623
credit certificate within the credit dollar limit described in	2624
division (D)(2) of this section;	2625

(c) The number of jobs, if any, the catalytic project will	2626
create.	2627

(7)(a) The owner or qualified lessee of a historic building	2628
may apply for a rehabilitation tax credit certificate under both	2629
divisions (B) and (D)(6) of this section. In such a case, the	2630
director of development services shall consider each application	2631
at the time the application is submitted.	2632

(b) The director of development services shall not issue more	2633
than one certificate under this section with respect to the same	2634
qualified rehabilitation expenditures.	2635

(E) Issuance of a certificate represents a finding by the	2636
director of development services of the matters described in	2637
divisions (C)(1), (2), and (3) of this section only; issuance of a	2638
certificate does not represent a verification or certification by	2639
the director of the amount of qualified rehabilitation	2640
expenditures for which a tax credit may be claimed under section	2641
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the	2642
Revised Code. The amount of qualified rehabilitation expenditures	2643
for which a tax credit may be claimed is subject to inspection and	2644
examination by the tax commissioner or employees of the	2645
commissioner under section 5703.19 of the Revised Code and any	2646
other applicable law. Upon the issuance of a certificate, the	2647
director shall certify to the tax commissioner, in the form and	2648
manner requested by the tax commissioner, the name of the	2649
applicant, the amount of qualified rehabilitation expenditures	2650
shown on the certificate, and any other information required by	2651
the rules adopted under this section.	2652

(F)(1) On or before the first day of April each year, the	2653
director of development services and tax commissioner jointly	2654
shall submit to the president of the senate and the speaker of the	2655
house of representatives a report on the tax credit program	2656
established under this section and sections 5725.151, 5725.34,	2657
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The	2658
report shall present an overview of the program and shall include	2659
information on the number of rehabilitation tax credit	2660
certificates issued under this section during the preceding fiscal	2661
year, an update on the status of each historic building for which	2662
an application was approved under this section, the dollar amount	2663
of the tax credits granted under sections 5725.151, 5725.34,	2664
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and	2665
any other information the director and commissioner consider	2666
relevant to the topics addressed in the report.	2667

(2) On or before December 1, 2015, the director of	2668
development services and tax commissioner jointly shall submit to	2669
the president of the senate and the speaker of the house of	2670
representatives a comprehensive report that includes the	2671
information required by division (F)(1) of this section and a	2672
detailed analysis of the effectiveness of issuing tax credits for	2673
rehabilitating historic buildings. The report shall be prepared	2674
with the assistance of an economic research organization jointly	2675
chosen by the director and commissioner.	2676

(G) There is hereby created in the state treasury the	2677
historic rehabilitation tax credit operating fund. The director of	2678
development services is authorized to charge reasonable	2679
application and other fees in connection with the administration	2680
of tax credits authorized by this section and sections 5725.151,	2681
5725.34, 5726.52, 5729.17, ~~5733.44~~5733.47, and 5747.76 of the	2682
Revised Code. Any such fees collected shall be credited to the	2683
fund and used to pay reasonable costs incurred by the department	2684
of development services in administering this section and sections	2685
5725.151, 5725.34, 5726.52, 5729.17, ~~5733.44~~5733.47, and 5747.76	2686
of the Revised Code.	2687

The Ohio historic preservation office is authorized to charge	2688
reasonable fees in connection with its review and approval of	2689
applications under this section. Any such fees collected shall be	2690
credited to the fund and used to pay administrative costs incurred	2691
by the Ohio historic preservation office pursuant to this section.	2692

(H) Notwithstanding sections 5725.151, 5725.34, 5726.52,	2693
5729.17, 5733.47, and 5747.76 of the Revised Code, the certificate	2694
owner of a tax credit certificate issued under division (D)(6) of	2695
this section may claim a tax credit equal to twenty-five per cent	2696
of the dollar amount indicated on the certificate for a total	2697
credit of not more than twenty-five million dollars. The credit	2698
claimed by such a certificate owner for any calendar year, tax	2699
year, or taxable year under section 5725.151, 5725.34, 5726.52,	2700
5729.17, 5733.47, or 5747.76 of the Revised Code shall not exceed	2701
five million dollars. If the certificate owner is eligible for	2702
more than five million dollars in total credits, the certificate	2703
owner may carry forward the balance of the credit in excess of the	2704
amount claimed for that year for not more than five ensuing	2705
calendar years, tax years, or taxable years. If the credit claimed	2706
in any calendar year, tax year, or taxable year exceeds the tax	2707
otherwise due, the excess shall be refunded to the taxpayer.	2708

Sec. 149.38. (A) Except as otherwise provided in section	2709
307.847 of the Revised Code, there is hereby created in each	2710
county a county records commission, composed of a member of the	2711
board of county commissioners as chairperson, the prosecuting	2712
attorney, the auditor, the recorder, and the clerk of the court of	2713
common pleas. The commission shall appoint a secretary, who may or	2714
may not be a member of the commission and who shall serve at the	2715
pleasure of the commission. The commission may employ an archivist	2716
or records manager to serve under its direction. The commission	2717
shall meet at least once every six months and upon the call of the	2718
chairperson.	2719

(B)(1) The functions of the county records commission shall	2720
be to provide rules for retention and disposal of records of the	2721
county, and to review applications for one-time disposal of	2722
obsolete records and schedules of records retention and	2723
disposition submitted by county offices. The commission may	2724
dispose of records pursuant to the procedure outlined in this	2725
section. The commission, at any time, may review any schedule it	2726
has previously approved and, for good cause shown, may revise that	2727
schedule, subject to division (D) of this section.	2728

(2)(a) As used in division (B)(2) of this section, "paper	2729
case records" means written reports of child abuse or neglect,	2730
written records of investigations, or other written records	2731
required to be prepared under section 2151.421, 5101.13, 5153.166,	2732
or 5153.17 of the Revised Code.	2733

(b) A county public children services agency may submit to	2734
the county records commission applications for one-time disposal,	2735
or schedules of records retention and disposition, of paper case	2736
records that have been entered into permanently maintained and	2737
retrievable fields in the state automated child welfare	2738
information system established under section 5101.13 of the	2739
Revised Code or entered into other permanently maintained and	2740
retrievable electronic files. The county records commission may	2741
dispose of the paper case records pursuant to the procedure	2742
outlined in this section.	2743

(C)(1) When the county records commission has approved any	2744
county application for one-time disposal of obsolete records or	2745
any schedule of records retention and disposition, the commission	2746
shall send that application or schedule to the Ohio historical	2747
society for its review. The Ohio historical society shall review	2748
the application or schedule within a period of not more than sixty	2749
days after its receipt of it. During the sixty-day review period,	2750
the Ohio historical society may select for its custody from the	2751
application for one-time disposal of obsolete records any records	2752
it considers to be of continuing historical value, and shall	2753
denote upon any schedule of records retention and disposition any	2754
records for which the Ohio historical society will require a	2755
certificate of records disposal prior to their disposal.	2756

(2) Upon completion of its review, the Ohio historical	2757
society shall forward the application for one-time disposal of	2758
obsolete records or the schedule of records retention and	2759
disposition to the auditor of state for the auditor's approval or	2760
disapproval. The auditor of state shall approve or disapprove the	2761
application or schedule within a period of not more than sixty	2762
days after receipt of it.	2763

(3) Before public records are to be disposed of pursuant to	2764
an approved schedule of records retention and disposition, the	2765
county records commission shall inform the Ohio historical society	2766
of the disposal through the submission of a certificate of records	2767
disposal for only the records required by the schedule to be	2768
disposed of and shall give the society the opportunity for a	2769
period of fifteen business days to select for its custody those	2770
records, from the certificate submitted, that it considers to be	2771
of continuing historical value. Upon the expiration of the	2772
fifteen-business-day period, the county records commission also	2773
shall notify the public libraries, county historical society,	2774
state universities, and other public or quasi-public institutions,	2775
agencies, or corporations in the county that have provided the	2776
commission with their name and address for these notification	2777
purposes, that the commission has informed the Ohio historical	2778
society of the records disposal and that the notified entities,	2779
upon written agreement with the Ohio historical society pursuant	2780
to section 149.31 of the Revised Code, may select records of	2781
continuing historical value, including records that may be	2782
distributed to any of the notified entities under section 149.31	2783
of the Revised Code. Any notified entity that notifies the county	2784
records commission of its intent to review and select records of	2785
continuing historical value from certificates of records disposal	2786
is responsible for the cost of any notice given and for the	2787
transportation of those records.	2788

(D) The rules of the county records commission shall include	2789
a rule that requires any receipts, checks, vouchers, or other	2790
similar records pertaining to expenditures from the delinquent tax	2791
and assessment collection fund created in section 321.261 of the	2792
Revised Code, from the real estate assessment fund created in	2793
section 325.31 of the Revised Code, or from amounts allocated for	2794
the furtherance of justice to the county sheriff under section	2795
325.071 of the Revised Code or to the prosecuting attorney under	2796
section 325.12 of the Revised Code to be retained for at least	2797
four years.	2798

(E) No person shall knowingly violate the rule adopted under	2799
division (D) of this section. Whoever violates that rule is guilty	2800
of a misdemeanor of the first degree.	2801

Sec. 153.56. (A) Any person to whom any money is due for	2802
labor or work performed or materials furnished in a public	2803
improvement as provided in section 153.54 of the Revised Code, at	2804
any time after performing the labor or work or furnishing the	2805
materials, but not later than ninety days after the completion of	2806
the contract by the principal contractor or design-build firm and	2807
the acceptance of the public improvement for which the bond was	2808
provided by the duly authorized board or officer, shall furnish	2809
the sureties on the bond, a statement of the amount due to the	2810
person.	2811

(B) A suit shall not be brought against sureties on the bond	2812
until after sixty days after the furnishing of the statement	2813
described in division (A) of this section. If the indebtedness is	2814
not paid in full at the expiration of that sixty days, and if the	2815
person complies with division (C) of this section, the person may	2816
bring an action in the person's own name upon the bond, as	2817
provided in sections 2307.06 and 2307.07 of the Revised Code, that	2818
action to be commenced, notwithstanding section 2305.12 of the	2819
Revised Code, not later than one year from the date of acceptance	2820
of the public improvement for which the bond was provided.	2821

(C) To exercise rights under this section, a subcontractor or	2822
materials supplier supplying labor or materials that cost more	2823
than thirty thousand dollars, who is not in direct privity of	2824
contract with the principal contractor or design-build firm for	2825
the public improvement, shall serve a notice of furnishing upon	2826
the principal contractor or design-build firm in the form provided	2827
in section 1311.261 of the Revised Code.	2828

(D) A subcontractor or materials supplier who serves a notice	2829
of furnishing under division (C) of this section as required to	2830
exercise rights under this section has the right of recovery only	2831
as to amounts owed for labor and work performed and materials	2832
furnished during and after the twenty-one days immediately	2833
preceding service of the notice of furnishing.	2834

(E) For purposes of this section:

2835

(1) "Design-build firm" has the same meaning as in section	2836
153.65 of the Revised Code.	2837

(2) "Principal contractor" has the same meaning as in section	2838
1311.25 of the Revised Code, and may include a ~~"construction~~	2839
~~manager" and a~~ "construction manager at risk" as defined in	2840
section 9.33 of the Revised Code.	2841

Sec. 156.03. (A) If the executive director of the Ohio	2842
facilities construction commission wishes to enter into an	2843
installment payment contract pursuant to section 156.04 of the	2844
Revised Code or any other contract to implement one or more energy	2845
or water saving measures, the executive director may proceed under	2846
Chapter 153. of the Revised Code, or, alternatively, the executive	2847
director may request the controlling board to exempt the contract	2848
from Chapter 153. of the Revised Code.	2849

A surety bond furnished pursuant to section 153.54 of the	2850
Revised Code shall not secure obligations related to energy or	2851
water savings as referenced in division (D) of this section.	2852

If the controlling board by a majority vote approves an	2853
exemption, that chapter shall not apply to the contract and	2854
instead the executive director shall request proposals from at	2855
least three parties for the implementation of the energy or water	2856
saving measures. Prior to providing any interested party a copy of	2857
any such request, the executive director shall advertise, in a	2858
newspaper of general circulation in the county where the contract	2859
is to be performed, and may advertise by electronic means pursuant	2860
to rules adopted by the executive director, the executive	2861
director's intent to request proposals for the implementation of	2862
the energy or water saving measures. The notice shall invite	2863
interested parties to submit proposals for consideration and shall	2864
be published at least thirty days prior to the date for accepting	2865
proposals.	2866

(B) Upon receiving the proposals, the executive director	2867
shall analyze them and, after considering the cost estimates of	2868
each proposal and the availability of funds to pay for each with	2869
current appropriations or by financing the cost of each through an	2870
installment payment contract under section 156.04 of the Revised	2871
Code, may select one or more proposals or reject all proposals. In	2872
selecting proposals, the executive director shall select the one	2873
or more proposals most likely to result in the greatest energy,	2874
water, or wastewater savings, operating costs savings, and avoided	2875
capital costs created.	2876

(C) No contract shall be awarded to implement energy or water	2877
saving measures under this section, unless the executive director	2878
finds that both of the following circumstances exists:	2879

(1) Not less than one-fifteenth of the costs of the contract	2880
shall be paid within two years from the date of purchase;	2881

(2) In the case of a contract for a cogeneration system	2882
described in division (B)(8) of section 156.01 of the Revised	2883
Code, the remaining balance of the cost of the contract shall be	2884
paid within twenty years from the date of purchase, and, in the	2885
case of all other contracts, fifteen years.	2886

(D) If the executive director determines that a surety bond	2887
is necessary to secure energy or water savings guaranteed in the	2888
contract, the energy services company shall provide a surety bond	2889
that satisfies all of the following requirements:	2890

(1) The penal sum of the surety bond for the first guarantee	2891
year shall equal the amount of savings included in the annual	2892
guaranteed savings amount that is measured and calculated in	2893
accordance with the measurement and verification plan included in	2894
the contract, but may not include savings that are not measured or	2895
that are stipulated in the contract. The annual guaranteed savings	2896
amount shall include only the savings guaranteed in the contract	2897
for the one-year term that begins on the first day of the first	2898
savings guarantee year and may not include amounts from subsequent	2899
years.	2900

(2) The surety bond shall have a term of not more than one	2901
year unless renewed. At the option of the executive director, the	2902
surety bond may be renewed for one or two additional terms, each	2903
term not to exceed one year. The surety bond may not be renewed or	2904
extended so that it is in effect for more than three consecutive	2905
years.	2906

In the event of a renewal, the penal sum of the surety bond	2907
for each renewed year shall be revised so that the penal sum	2908
equals the annual guaranteed savings amount for such renewal year	2909
that is measured and calculated in accordance with the measurement	2910
and verification plan included in the contract, but may not	2911
include savings that are not measured or that are stipulated in	2912
the contract. Regardless of the number of renewals of the bond,	2913
the aggregate liability under each renewed bond may not exceed the	2914
penal sum stated in the renewal certificate for the applicable	2915
renewal year.	2916

(3) The surety bond for the first year shall be issued within	2917
thirty days of the commencement of the first savings guarantee	2918
year under the contract.	2919

In the event of renewal, the surety shall deliver to the	2920
executive director a renewal certificate reflecting the revised	2921
penal sum within thirty days of the executive director's request.	2922
The executive director shall deliver the request for renewal not	2923
less than thirty days prior to the expiration date of the surety	2924
bond then in existence.	2925

Sec. 163.15. (A) As soon as the agency pays to the party	2926
entitled thereto or deposits with the court the amount of the	2927
award and the costs assessed against the agency, it may take	2928
possession; provided, that this shall not be construed to limit	2929
the right of a public agency to enter and take possession, as	2930
provided in section 163.06 of the Revised Code. When the agency is	2931
entitled to possession the court shall enter an order to such	2932
effect upon the record and, if necessary, process shall be issued	2933
to place the agency in possession. Whenever a final journal entry	2934
in an appropriation proceeding, granting to this state a fee title	2935
or any lesser estate or interest in real property is filed and	2936
journalized by the clerk of courts, the clerk of courts shall	2937
forthwith transmit to the county auditor a certified copy of said	2938
final journal entry who shall transfer the property on the	2939
auditor's books and transmit said entry with proper endorsement to	2940
the county recorder for recording. The costs of filing such final	2941
journal entry with the county auditor and the county recorder	2942
shall be taxed as costs in the appropriation proceedings the same	2943
as other costs are taxed under section 163.16 of the Revised Code.	2944

(B)(1) Whenever the appropriation of real property requires	2945
the owner, a commercial tenant, or a residential tenant identified	2946
by the owner in a notice filed with the court to move or relocate,	2947
the agency shall make a payment to that person, upon proper	2948
application as approved by the agency, for all of the following:	2949

(a) Actual reasonable expenses in moving the person and the	2950
person's family, business, farm operation, or other personal	2951
property;	2952

(b) Actual direct losses of tangible personal property as a	2953
result of moving or discontinuing a business or farm operation,	2954
but not to exceed an amount equal to the reasonable expenses that	2955
would have been required to relocate such property, as determined	2956
by the agency;	2957

(c) Actual reasonable expenses in searching for a replacement	2958
business or farm, but not to exceed two thousand five hundred	2959
dollars;	2960

(d) Actual and reasonable expenses necessary to reestablish a	2961
farm, nonprofit organization, or small business at its new site,	2962
but not to exceed ~~ten~~twenty-five thousand dollars.	2963

(2) If the agency does not approve a payment for which the	2964
owner applied under division (B)(1) of this section, the trier of	2965
fact, upon presentation of proof, shall determine whether to award	2966
a payment for the expenses described in division (B)(1) of this	2967
section and the amount of any award. The owner shall have the	2968
burden of proof with respect to those expenses.	2969

(3)(a) In addition to any payments an owner of a business may	2970
receive under division (B)(1) of this section, an owner of a	2971
business who is required by an appropriation of real property to	2972
relocate the business may recover damages for the owner's actual	2973
economic loss resulting from the appropriation, as proven by the	2974
owner by a preponderance of the evidence. Compensation for actual	2975
economic loss under this division shall not include any attorney's	2976
fees and shall not duplicate any amount awarded as compensation	2977
under this chapter.	2978

(b) The amount of compensation awarded under division	2979
(B)(3)(a) of this section shall not exceed twelve months net	2980
profit of the business on an annualized basis. Except as otherwise	2981
provided in division (B)(3)(c) of this section, if the agency is	2982
appropriating property in time of war or other public exigency	2983
imperatively requiring its immediate seizure, for the purpose of	2984
making or repairing roads that shall be open to the public without	2985
charge, for the purpose of implementing rail service under Chapter	2986
4981. of the Revised Code, or under section 307.08, 504.19,	2987
6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the	2988
result of a public exigency, or the agency is a municipal	2989
corporation that is appropriating property as a result of a public	2990
exigency, the period for which the net profit of the business is	2991
calculated shall be twelve months minus the time period from the	2992
date the agency gives the notice required by section 163.04 of the	2993
Revised Code to the date the agency deposits the value of the	2994
property with the court pursuant to section 163.06 of the Revised	2995
Code or pays that amount to the owner, but in no event shall the	2996
compensation time period be less than fifteen days. If the period	2997
on which the loss is calculated is reduced to fifteen days and the	2998
relocation is unusually complex, the owner may request the agency	2999
to increase that period by up to fifteen additional days. If the	3000
agency fails to pay the compensation as provided under division	3001
(B)(3)(a) of this section or denies the request, the owner may	3002
seek an award of such compensation pursuant to this section.	3003

(c) In case of an act of God or other public exigency that	3004
requires an immediate taking of property to protect public health	3005
or safety or in case of a voluntary conveyance, the amount of	3006
compensation awarded under division (B)(3)(a) of this section	3007
shall not exceed fifteen days net profit of the business on an	3008
annualized basis. The owner may request the agency to increase	3009
that period by up to fifteen additional days. If the agency fails	3010
to pay the compensation as provided under division (B)(3)(a) of	3011
this section or denies the request, the owner may seek an award of	3012
such compensation pursuant to this section.	3013

Sec. 163.53. (A) Whenever the acquisition of real property	3014
for a program or project undertaken by a displacing agency will	3015
result in the displacement of any person, the head of the agency	3016
shall make a payment to any displaced person, upon proper	3017
application as approved by such agency head, for all of the	3018
following:	3019

(1) Actual reasonable expenses in moving the person, the	3020
person's family, business, farm operation, or other personal	3021
property;	3022

(2) Actual direct losses of tangible personal property as a	3023
result of moving or discontinuing a business or farm operation,	3024
but not to exceed an amount equal to the reasonable expenses that	3025
would have been required to relocate such property, as determined	3026
by the head of the displacing agency;	3027

(3) Actual reasonable expenses in searching for a replacement	3028
business or farm, but not to exceed two thousand five hundred	3029
dollars;	3030

(4) Actual and reasonable expenses necessary to reestablish a	3031
displaced farm, nonprofit organization, or small business at its	3032
new site, but not to exceed ~~ten~~twenty-five thousand dollars.	3033

(B) Any displaced person eligible for payments under division	3034
(A) of this section who is displaced from a dwelling and who	3035
elects to accept the payments authorized by this division in lieu	3036
of the payments authorized by division (A) of this section may	3037
receive an expense and dislocation allowance, determined according	3038
to a schedule established by the head of the displacing agency.	3039

(C) Any displaced person eligible for payments under division	3040
(A) of this section who is displaced from the person's place of	3041
business or from the person's farm operation may qualify for the	3042
payment authorized by this division in lieu of the payment	3043
authorized by division (A) of this section. The payment authorized	3044
by this division shall consist of a fixed payment in an amount to	3045
be determined according to criteria established by the head of the	3046
lead agency, except that such payment shall be not less than one	3047
thousand dollars nor more than ~~twenty~~forty thousand dollars. A	3048
person whose sole business at the displacement dwelling is the	3049
rental of such property to others does not qualify for a payment	3050
under this division.	3051

(D)(1) Except as provided in section 5501.51 of the Revised	3052
Code, if a program or project undertaken by a displacing agency	3053
results in the relocation of a utility facility, and the purpose	3054
of the program or project was not to relocate or reconstruct any	3055
utility facility; and if the owner of the utility facility which	3056
is being relocated under such program or project has entered into	3057
a franchise or similar agreement with the state or local	3058
government on whose property, easement, or right-of-way such	3059
facility is located with respect to the use of such property,	3060
easement, or right-of-way; and if the relocation of such facility	3061
results in such owner incurring an extraordinary cost in	3062
connection with such relocation; then the displacing agency may,	3063
in accordance with such rules as the head of the lead agency may	3064
adopt, provide to such owner a relocation payment which may not	3065
exceed the amount of such extraordinary cost, less any increase in	3066
the value of the new utility facility above the value of the old	3067
utility facility, and less any salvage value derived from the old	3068
utility facility.	3069

(2) As used in division (D) of this section:

3070

(a) "Extraordinary cost in connection with a relocation"	3071
means any cost incurred by the owner of a utility facility in	3072
connection with relocation of such facility that is determined by	3073
the head of the displacing agency, under such rules as the head of	3074
the lead agency shall adopt, to be a nonroutine relocation	3075
expense, to be a cost that owner ordinarily does not include in	3076
its annual budget as an expense of operation, and to meet such	3077
other requirements as the lead agency may prescribe in such rules.	3078

(b) "Utility facility" means any electric, gas, water, steam	3079
power, or materials transmission or distribution system; any	3080
transportation system; any communications system, including cable	3081
television; and any fixture, equipment, or other property	3082
associated with the operation, maintenance, or repair of any such	3083
system; which is located on property owned by a state or local	3084
government or over which a state or local government has an	3085
easement or right-of-way. A utility facility may be publicly,	3086
privately, or cooperatively owned.	3087

Sec. 163.54. (A) In addition to payments otherwise	3088
authorized by sections 163.51 to 163.62 of the Revised Code, the	3089
head of the displacing agency shall make an additional payment not	3090
to exceed ~~twenty-two~~thirty-one thousand ~~five hundred~~ dollars to	3091
any displaced person who is displaced from a dwelling actually	3092
owned and occupied by ~~him~~the displaced person for not less than	3093
~~one hundred eighty~~ninety days prior to the initiation of	3094
negotiations for the acquisition of the property. Such additional	3095
payment shall include the following elements:	3096

(1) The amount, if any, which when added to the acquisition	3097
cost of the dwelling acquired by the displacing agency, equals the	3098
reasonable cost of a comparable replacement dwelling.	3099

(2) The amount, if any, which will compensate the displaced	3100
person for any increased interest costs and other debt service	3101
costs which the person is required to pay for financing the	3102
acquisition of a comparable replacement dwelling. This amount	3103
shall be paid only if the dwelling acquired by the displacing	3104
agency was encumbered by a bona fide mortgage which was a valid	3105
lien on the dwelling for not less than ~~one hundred eighty~~ninety	3106
days prior to the initiation of negotiations for the acquisition	3107
of the dwelling.	3108

(3) Reasonable expenses incurred by the displaced person for	3109
evidence of title, recording fees, and other closing costs	3110
incident to the purchase of the replacement dwelling, but not	3111
including prepaid expenses.	3112

(4) A rental assistance payment for a displaced person who is	3113
eligible for a replacement housing payment under this section but	3114
who elects to rent a replacement dwelling. The amount of the	3115
rental assistance payment shall be based on a determination of	3116
market rent for the acquired dwelling compared to a comparable	3117
rental dwelling available on the market in the general area of the	3118
acquired dwelling. The difference, if any, shall be computed in	3119
accordance with division (A) of section 163.55 of the Revised	3120
Code, except the limit of seven thousand two hundred dollars shall	3121
not apply. Under no circumstances shall the rental assistance	3122
payment exceed the amount that the displaced person could have	3123
received under division (A)(1) of this section. A displaced person	3124
who is eligible to receive a replacement housing payment under	3125
this section is not eligible for a down payment assistance payment	3126
described in division (B) of section 163.55 of the Revised Code.	3127

(B) The additional payment authorized by this section shall	3128
be made only to a displaced person who purchases and occupies a	3129
replacement dwelling which is decent, safe, and sanitary not later	3130
than the end of the one-year period beginning on the date on which	3131
hethe displaced person receives from the displacing agency final	3132
payment of all costs of the acquired dwelling, or on the date on	3133
which the displacing agency's obligation under division (B)(3) of	3134
section 163.56 of the Revised Code is met, whichever is later,	3135
except that the displacing agency may extend the period for good	3136
cause. If the period is extended, the payment under this section	3137
shall be based on the costs of relocating the person to a	3138
comparable replacement dwelling within one year after the	3139
displaced person receives from the displacing agency final payment	3140
of all costs of the acquired dwelling.	3141

Sec. 163.55. (A) In addition to amounts otherwise authorized	3142
by sections 163.51 to 163.62 of the Revised Code, the head of a	3143
displacing agency shall make a payment to or for any displaced	3144
person displaced from any dwelling not eligible to receive a	3145
payment under section 163.54 of the Revised Code which dwelling	3146
was actually and lawfully occupied by such displaced person for	3147
not less than ninety days prior to the initiation of negotiations	3148
for acquisition of such dwelling, or in any case in which	3149
displacement is not a direct result of acquisition, not less than	3150
ninety days prior to such other event as the head of the lead	3151
agency shall prescribe. The payment shall consist of the amount	3152
necessary to enable the displaced person to lease or rent for a	3153
period not to exceed forty-two months, a comparable replacement	3154
dwelling, but not to exceed ~~five~~seven thousand two hundred ~~fifty~~	3155
dollars. At the discretion of the head of the displacing agency, a	3156
payment under this division may be made in periodic installments.	3157
Computation of a payment under this division to a low-income	3158
displaced person shall take into account the person's income.	3159

(B) Any person eligible for a payment under division (A) of	3160
this section may elect to apply the payment to a down payment on,	3161
and other incidental expenses pursuant to, the purchase of a	3162
decent, safe, and sanitary replacement dwelling. The person may,	3163
under criteria established by the head of the displacing agency,	3164
be eligible under this division for the maximum payment allowed	3165
under division (A) of this section~~, except that, in the case of a~~	3166
~~displaced home owner who has owned and occupied the displacement~~	3167
~~dwelling for at least ninety days but not more than one hundred~~	3168
~~eighty days immediately prior to the initiation of negotiations~~	3169
~~for the acquisition of such dwelling, the payment shall not exceed~~	3170
~~the payment the person would otherwise have received under section~~	3171
~~163.54 of the Revised Code had the person owned and occupied the~~	3172
~~displacement dwelling one hundred eighty days immediately prior to~~	3173
~~the initiation of the negotiations~~.	3174

Sec. 164.26. (A) The director of the Ohio public works	3175
commission shall establish policies related to the need for	3176
long-term ownership, or long-term control through a lease or the	3177
purchase of an easement, of real property that is the subject of	3178
an application for a grant under sections 164.20 to 164.27 of the	3179
Revised Code and establish requirements for documentation to be	3180
submitted by grant applicants that is necessary for the proper	3181
administration of this division. The policies shall provide for	3182
proper ~~penalties, including~~liquidated damages and grant	3183
repayment, for entities that fail to comply with the long-term	3184
ownership or control requirements established under this division.	3185

The director also shall adopt policies delineating what	3186
constitutes administrative costs for purposes of division (F) of	3187
section 164.27 of the Revised Code.	3188

(B) The Ohio public works commission shall administer	3189
sections 164.20 to 164.27 of the Revised Code and shall exercise	3190
any authority and use any procedures granted or established under	3191
sections 164.02 and 164.05 of the Revised Code that are necessary	3192
for that purpose.	3193

Sec. 164.261. All of the following apply to any repayment of	3194
a grant awarded under sections 164.20 to 164.27 of the Revised	3195
Code:	3196

(A) The Ohio public works commission shall deposit the grant	3197
repayment into the clean Ohio conservation fund created in section	3198
164.27 of the Revised Code.	3199

(B) The commission shall return the grant repayment to the	3200
natural resource assistance council that approved the grant	3201
application.	3202

(C) The grant repayment shall be used for the same purpose as	3203
the grant was originally approved for, as provided in section	3204
164.22 of the Revised Code.	3205

Sec. 173.38. (A) As used in this section:

3206

(1) "Applicant" means a person who is under final	3207
consideration for employment with a responsible party in a	3208
full-time, part-time, or temporary direct-care position or is	3209
referred to a responsible party by an employment service for such	3210
a position. "Applicant" does not include a person being considered	3211
for a direct-care position as a volunteer.	3212

(2) "Area agency on aging" has the same meaning as in section	3213
173.14 of the Revised Code.	3214

(3) "Chief administrator of a responsible party" includes a	3215
consumer when the consumer is a responsible party.	3216

(4) "Community-based long-term care services" means	3217
community-based long-term care services, as defined in section	3218
173.14 of the Revised Code, that are provided under a program the	3219
department of aging administers.	3220

~~(4)~~(5) "Consumer" means an individual who receives	3221
community-based long-term care services.	3222

~~(5)~~(6) "Criminal records check" has the same meaning as in	3223
section 109.572 of the Revised Code.	3224

~~(6)~~(7)(a) "Direct-care position" means an employment position	3225
in which an employee has either or both of the following:	3226

(i) In-person contact with one or more consumers;

3227

(ii) Access to one or more consumers' personal property or	3228
records.	3229

(b) "Direct-care position" does not include a person whose	3230
sole duties are transporting individuals under Chapter 306. of the	3231
Revised Code.	3232

~~(7)~~(8) "Disqualifying offense" means any of the offenses	3233
listed or described in divisions (A)(3)(a) to (e) of section	3234
109.572 of the Revised Code.	3235

~~(8)~~(9) "Employee" means a person employed by a responsible	3236
party in a full-time, part-time, or temporary direct-care position	3237
and a person who works in such a position due to being referred to	3238
a responsible party by an employment service. "Employee" does not	3239
include a person who works in a direct-care position as a	3240
volunteer.	3241

~~(9)~~(10) "PASSPORT administrative agency" has the same meaning	3242
as in section 173.42 of the Revised Code.	3243

~~(10)~~(11) "Provider" has the same meaning as in section 173.39	3244
of the Revised Code.	3245

~~(11)~~(12) "Responsible party" means the following:

3246

(a) An area agency on aging in the case of either of the	3247
following:	3248

(i) A person who is an applicant because the person is under	3249
final consideration for employment with the agency in a full-time,	3250
part-time, or temporary direct-care position or is referred to the	3251
agency by an employment service for such a position;	3252

(ii) A person who is an employee because the person is	3253
employed by the agency in a full-time, part-time, or temporary	3254
direct-care position or works in such a position due to being	3255
referred to the agency by an employment service.	3256

(b) A PASSPORT administrative agency in the case of either of	3257
the following:	3258

(i) A person who is an applicant because the person is under	3259
final consideration for employment with the agency in a full-time,	3260
part-time, or temporary direct-care position or is referred to the	3261
agency by an employment service for such a position;	3262

(ii) A person who is an employee because the person is	3263
employed by the agency in a full-time, part-time, or temporary	3264
direct-care position or works in such a position due to being	3265
referred to the agency by an employment service.	3266

3267

(i) A person who is an applicant because the person is under	3268
final consideration for employment with the provider in a	3269
full-time, part-time, or temporary direct-care position or is	3270
referred to the provider by an employment service for such a	3271
position;	3272

(ii) A person who is an employee because the person is	3273
employed by the provider in a full-time, part-time, or temporary	3274
direct-care position or works in such a position due to being	3275
referred to the provider by an employment service.	3276

(d) A subcontractor in the case of either of the following:

3277

(i) A person who is an applicant because the person is under	3278
final consideration for employment with the subcontractor in a	3279
full-time, part-time, or temporary direct-care position or is	3280
referred to the subcontractor by an employment service for such a	3281
position;	3282

(ii) A person who is an employee because the person is	3283
employed by the subcontractor in a full-time, part-time, or	3284
temporary direct-care position or works in such a position due to	3285
being referred to the subcontractor by an employment service.	3286

~~(12)~~(e) A consumer in the case of either of the following:

3287

(i) A person who is an applicant because the person is under	3288
final consideration for employment with the consumer in a	3289
full-time, part-time, or temporary direct-care position for which	3290
the consumer, as the employer of record, is to direct the person	3291
in the provision of community-based long-term care services the	3292
person is to provide the consumer or is referred to the consumer	3293
by an employment service for such a position;	3294

(ii) A person who is an employee because the person is	3295
employed by the consumer in a full-time, part-time, or temporary	3296
direct-care position for which the consumer, as the employer of	3297
record, directs the person in the provision of community-based	3298
long-term care services the person provides to the consumer or who	3299
works in such a position due to being referred to the consumer by	3300
an employment service.	3301

(13) "Subcontractor" has the meaning specified in rules	3302
adopted under this section.	3303

~~(13)~~(14) "Volunteer" means a person who serves in a	3304
direct-care position without receiving or expecting to receive any	3305
form of remuneration other than reimbursement for actual expenses.	3306

~~(14)~~(15) "Waiver agency" has the same meaning as in section	3307
5164.342 of the Revised Code.	3308

(B) This section does not apply to any individual who is	3309
subject to a database review or criminal records check under	3310
section 173.381 or 3701.881 of the Revised Code or to any	3311
individual who is subject to a criminal records check under	3312
section 3721.121 of the Revised Code. If a provider or	3313
subcontractor also is a waiver agency, the provider or	3314
subcontractor may provide for applicants and employees to undergo	3315
database reviews and criminal records checks in accordance with	3316
section 5164.342 of the Revised Code rather than this section.	3317

(C) No responsible party shall employ an applicant or	3318
continue to employ an employee in a direct-care position if any of	3319
the following apply:	3320

(1) A review of the databases listed in division (E) of this	3321
section reveals any of the following:	3322

(a) That the applicant or employee is included in one or more	3323
of the databases listed in divisions (E)(1) to (5) of this	3324
section;	3325

(b) That there is in the state nurse aide registry	3326
established under section 3721.32 of the Revised Code a statement	3327
detailing findings by the director of health that the applicant or	3328
employee neglected or abused a long-term care facility or	3329
residential care facility resident or misappropriated property of	3330
such a resident;	3331

(c) That the applicant or employee is included in one or more	3332
of the databases, if any, specified in rules adopted under this	3333
section and the rules prohibit the responsible party from	3334
employing an applicant or continuing to employ an employee	3335
included in such a database in a direct-care position.	3336

(2) After the applicant or employee is provided, pursuant to	3337
division (F)(2)(a) of this section, a copy of the form prescribed	3338
pursuant to division (C)(1) of section 109.572 of the Revised Code	3339
and the standard impression sheet prescribed pursuant to division	3340
(C)(2) of that section, the applicant or employee fails to	3341
complete the form or provide the applicant's or employee's	3342
fingerprint impressions on the standard impression sheet.	3343

(3) Unless the applicant or employee meets standards	3344
specified in rules adopted under this section, the applicant or	3345
employee is found by a criminal records check required by this	3346
section to have been convicted of, pleaded guilty to, or been	3347
found eligible for intervention in lieu of conviction for a	3348
disqualifying offense.	3349

(D) Except as provided by division (G) of this section, the	3350
chief administrator of a responsible party shall inform each	3351
applicant of both of the following at the time of the applicant's	3352
initial application for employment or referral to the responsible	3353
party by an employment service for a direct-care position:	3354

(1) That a review of the databases listed in division (E) of	3355
this section will be conducted to determine whether the	3356
responsible party is prohibited by division (C)(1) of this section	3357
from employing the applicant in the direct-care position;	3358

(2) That, unless the database review reveals that the	3359
applicant may not be employed in the direct-care position, a	3360
criminal records check of the applicant will be conducted and the	3361
applicant is required to provide a set of the applicant's	3362
fingerprint impressions as part of the criminal records check.	3363

(E) As a condition of employing any applicant in a	3364
direct-care position, the chief administrator of a responsible	3365
party shall conduct a database review of the applicant in	3366
accordance with rules adopted under this section. If rules adopted	3367
under this section so require, the chief administrator of a	3368
responsible party shall conduct a database review of an employee	3369
in accordance with the rules as a condition of continuing to	3370
employ the employee in a direct-care position. However, a chief	3371
administrator is not required to conduct a database review of an	3372
applicant or employee if division (G) of this section applies. A	3373
database review shall determine whether the applicant or employee	3374
is included in any of the following:	3375

(1) The excluded parties list system that is maintained by	3376
the United States general services administration pursuant to	3377
subpart 9.4 of the federal acquisition regulation and available at	3378
the federal web site known as the system for award management;	3379

(2) The list of excluded individuals and entities maintained	3380
by the office of inspector general in the United States department	3381
of health and human services pursuant to the "Social Security	3382
Act," sections 1128 and 1156, 42 U.S.C. 1320a-7 and 1320c-5;	3383

(3) The registry of MR/DD employees established under section	3384
5123.52 of the Revised Code;	3385

(4) The internet-based sex offender and child-victim offender	3386
database established under division (A)(11) of section 2950.13 of	3387
the Revised Code;	3388

(5) The internet-based database of inmates established under	3389
section 5120.66 of the Revised Code;	3390

(6) The state nurse aide registry established under section	3391
3721.32 of the Revised Code;	3392

(7) Any other database, if any, specified in rules adopted	3393
under this section.	3394

(F)(1) As a condition of employing any applicant in a	3395
direct-care position, the chief administrator of a responsible	3396
party shall request that the superintendent of the bureau of	3397
criminal identification and investigation conduct a criminal	3398
records check of the applicant. If rules adopted under this	3399
section so require, the chief administrator of a responsible party	3400
shall request that the superintendent conduct a criminal records	3401
check of an employee at times specified in the rules as a	3402
condition of continuing to employ the employee in a direct-care	3403
position. However, the chief administrator is not required to	3404
request the criminal records check of the applicant or employee if	3405
division (G) of this section applies or the responsible party is	3406
prohibited by division (C)(1) of this section from employing the	3407
applicant or continuing to employ the employee in a direct-care	3408
position. If an applicant or employee for whom a criminal records	3409
check request is required by this section does not present proof	3410
of having been a resident of this state for the five-year period	3411
immediately prior to the date the criminal records check is	3412
requested or provide evidence that within that five-year period	3413
the superintendent has requested information about the applicant	3414
or employee from the federal bureau of investigation in a criminal	3415
records check, the chief administrator shall request that the	3416
superintendent obtain information from the federal bureau of	3417
investigation as part of the criminal records check. Even if an	3418
applicant or employee for whom a criminal records check request is	3419
required by this section presents proof of having been a resident	3420
of this state for the five-year period, the chief administrator	3421
may request that the superintendent include information from the	3422
federal bureau of investigation in the criminal records check.	3423

(2) The chief administrator shall do all of the following:

3424

(a) Provide to each applicant and employee for whom a	3425
criminal records check request is required by this section a copy	3426
of the form prescribed pursuant to division (C)(1) of section	3427
109.572 of the Revised Code and a standard impression sheet	3428
prescribed pursuant to division (C)(2) of that section;	3429

(b) Obtain the completed form and standard impression sheet	3430
from the applicant or employee;	3431

(c) Forward the completed form and standard impression sheet	3432
to the superintendent.	3433

(3) A responsible party shall pay to the bureau of criminal	3434
identification and investigation the fee prescribed pursuant to	3435
division (C)(3) of section 109.572 of the Revised Code for each	3436
criminal records check the responsible party requests under this	3437
section. A responsible party may charge an applicant a fee not	3438
exceeding the amount the responsible party pays to the bureau	3439
under this section if both of the following apply:	3440

(a) The responsible party notifies the applicant at the time	3441
of initial application for employment of the amount of the fee and	3442
that, unless the fee is paid, the applicant will not be considered	3443
for employment.	3444

(b) The medicaid program does not pay the responsible party	3445
for the fee it pays to the bureau under this section.	3446

(G) Divisions (D) to (F) of this section do not apply with	3447
regard to an applicant or employee if the applicant or employee is	3448
referred to a responsible party by an employment service that	3449
supplies full-time, part-time, or temporary staff for direct-care	3450
positions and both of the following apply:	3451

(1) The chief administrator of the responsible party receives	3452
from the employment service confirmation that a review of the	3453
databases listed in division (E) of this section was conducted of	3454
the applicant or employee.	3455

(2) The chief administrator of the responsible party receives	3456
from the employment service, applicant, or employee a report of	3457
the results of a criminal records check of the applicant or	3458
employee that has been conducted by the superintendent within the	3459
one-year period immediately preceding the following:	3460

(a) In the case of an applicant, the date of the applicant's	3461
referral by the employment service to the responsible party;	3462

(b) In the case of an employee, the date by which the	3463
responsible party would otherwise have to request a criminal	3464
records check of the employee under division (F) of this section.	3465

(H)(1) A responsible party may employ conditionally an	3466
applicant for whom a criminal records check request is required by	3467
this section prior to obtaining the results of the criminal	3468
records check if the responsible party is not prohibited by	3469
division (C)(1) of this section from employing the applicant in a	3470
direct-care position and either of the following applies:	3471

(a) The chief administrator of the responsible party requests	3472
the criminal records check in accordance with division (F) of this	3473
section not later than five business days after the applicant	3474
begins conditional employment.	3475

(b) The applicant is referred to the responsible party by an	3476
employment service, the employment service or the applicant	3477
provides the chief administrator of the responsible party a letter	3478
that is on the letterhead of the employment service, the letter is	3479
dated and signed by a supervisor or another designated official of	3480
the employment service, and the letter states all of the	3481
following:	3482

(i) That the employment service has requested the	3483
superintendent to conduct a criminal records check regarding the	3484
applicant;	3485

(ii) That the requested criminal records check is to include	3486
a determination of whether the applicant has been convicted of,	3487
pleaded guilty to, or been found eligible for intervention in lieu	3488
of conviction for a disqualifying offense;	3489

(iii) That the employment service has not received the	3490
results of the criminal records check as of the date set forth on	3491
the letter;	3492

(iv) That the employment service promptly will send a copy of	3493
the results of the criminal records check to the chief	3494
administrator of the responsible party when the employment service	3495
receives the results.	3496

(2) If a responsible party employs an applicant conditionally	3497
pursuant to division (H)(1)(b) of this section, the employment	3498
service, on its receipt of the results of the criminal records	3499
check, promptly shall send a copy of the results to the chief	3500
administrator of the responsible party.	3501

(3) A responsible party that employs an applicant	3502
conditionally pursuant to division (H)(1)(a) or (b) of this	3503
section shall terminate the applicant's employment if the results	3504
of the criminal records check, other than the results of any	3505
request for information from the federal bureau of investigation,	3506
are not obtained within the period ending sixty days after the	3507
date the request for the criminal records check is made.	3508
Regardless of when the results of the criminal records check are	3509
obtained, if the results indicate that the applicant has been	3510
convicted of, pleaded guilty to, or been found eligible for	3511
intervention in lieu of conviction for a disqualifying offense,	3512
the responsible party shall terminate the applicant's employment	3513
unless the applicant meets standards specified in rules adopted	3514
under this section that permit the responsible party to employ the	3515
applicant and the responsible party chooses to employ the	3516
applicant. Termination of employment under this division shall be	3517
considered just cause for discharge for purposes of division	3518
(D)(2) of section 4141.29 of the Revised Code if the applicant	3519
makes any attempt to deceive the responsible party about the	3520
applicant's criminal record.	3521

(I) The report of any criminal records check conducted	3522
pursuant to a request made under this section is not a public	3523
record for the purposes of section 149.43 of the Revised Code and	3524
shall not be made available to any person other than the	3525
following:	3526

(1) The applicant or employee who is the subject of the	3527
criminal records check or the applicant's or employee's	3528
representative;	3529

(2) The chief administrator of the responsible party	3530
requesting the criminal records check or the administrator's	3531
representative;	3532

(3) The administrator of any other facility, agency, or	3533
program that provides community-based long-term care services that	3534
is owned or operated by the same entity that owns or operates the	3535
responsible party that requested the criminal records check;	3536

(4) The employment service that requested the criminal	3537
records check;	3538

(5) The director of aging or a person authorized by the	3539
director to monitor a responsible party's compliance with this	3540
section;	3541

(6) The medicaid director and the staff of the department of	3542
medicaid who are involved in the administration of the medicaid	3543
program if ~~either~~any of the following apply:	3544

(a) In the case of a criminal records check requested by a	3545
provider or subcontractor, the provider or subcontractor also is a	3546
waiver agency;	3547

(b) In the case of a criminal records check requested by an	3548
employment service, the employment service makes the request for	3549
an applicant or employee the employment service refers to a	3550
provider or subcontractor that also is a waiver agency;	3551

(c) The criminal records check is requested by a consumer who	3552
is acting as a responsible party.	3553

(7) A court, hearing officer, or other necessary individual	3554
involved in a case dealing with any of the following:	3555

(a) A denial of employment of the applicant or employee;

3556

(b) Employment or unemployment benefits of the applicant or	3557
employee;	3558

(c) A civil or criminal action regarding the medicaid program	3559
or a program the department of aging administers.	3560

(J) In a tort or other civil action for damages that is	3561
brought as the result of an injury, death, or loss to person or	3562
property caused by an applicant or employee who a responsible	3563
party employs in a direct-care position, all of the following	3564
shall apply:	3565

(1) If the responsible party employed the applicant or	3566
employee in good faith and reasonable reliance on the report of a	3567
criminal records check requested under this section, the	3568
responsible party shall not be found negligent solely because of	3569
its reliance on the report, even if the information in the report	3570
is determined later to have been incomplete or inaccurate.	3571

(2) If the responsible party employed the applicant in good	3572
faith on a conditional basis pursuant to division (H) of this	3573
section, the responsible party shall not be found negligent solely	3574
because it employed the applicant prior to receiving the report of	3575
a criminal records check requested under this section.	3576

(3) If the responsible party in good faith employed the	3577
applicant or employee because the applicant or employee meets	3578
standards specified in rules adopted under this section, the	3579
responsible party shall not be found negligent solely because the	3580
applicant or employee has been convicted of, pleaded guilty to, or	3581
been found eligible for intervention in lieu of conviction for a	3582
disqualifying offense.	3583

(K) The director of aging shall adopt rules in accordance	3584
with Chapter 119. of the Revised Code to implement this section.	3585

(1) The rules may do the following:

3586

(a) Require employees to undergo database reviews and	3587
criminal records checks under this section;	3588

(b) If the rules require employees to undergo database	3589
reviews and criminal records checks under this section, exempt one	3590
or more classes of employees from the requirements;	3591

(c) For the purpose of division (E)(7) of this section,	3592
specify other databases that are to be checked as part of a	3593
database review conducted under this section.	3594

(2) The rules shall specify all of the following:

3595

(a) The meaning of the term "subcontractor";

3596

(b) The procedures for conducting database reviews under this	3597
section;	3598

(c) If the rules require employees to undergo database	3599
reviews and criminal records checks under this section, the times	3600
at which the database reviews and criminal records checks are to	3601
be conducted;	3602

(d) If the rules specify other databases to be checked as	3603
part of the database reviews, the circumstances under which a	3604
responsible party is prohibited from employing an applicant or	3605
continuing to employ an employee who is found by a database review	3606
to be included in one or more of those databases;	3607

(e) Standards that an applicant or employee must meet for a	3608
responsible party to be permitted to employ the applicant or	3609
continue to employ the employee in a direct-care position if the	3610
applicant or employee is found by a criminal records check	3611
required by this section to have been convicted of, pleaded guilty	3612
to, or been found eligible for intervention in lieu of conviction	3613
for a disqualifying offense.	3614

Sec. 173.381. (A) As used in this section:

3615

(1) "Community-based long-term care services" means	3616
community-based long-term care services, as defined in section	3617
173.14 of the Revised Code, that are provided under a program the	3618
department of aging administers.	3619

(2) "Community-based long-term care services certificate"	3620
means a certificate issued under section 173.391 of the Revised	3621
Code.	3622

(3) "Community-based long-term care services contract or	3623
grant" means a contract or grant awarded under section 173.392 of	3624
the Revised Code.	3625

(4) "Criminal records check" has the same meaning as in	3626
section 109.572 of the Revised Code.	3627

(5) "Disqualifying offense" means any of the offenses listed	3628
or described in divisions (A)(3)(a) to (e) of section 109.572 of	3629
the Revised Code.	3630

(6) "Provider" has the same meaning as in section 173.39 of	3631
the Revised Code.	3632

(7) "Self-employed provider" means a provider who works for	3633
the provider's self and has no employees.	3634

(B) This section does not apply to any individual who is	3635
subject to a database review or criminal records check under	3636
section 3701.881 of the Revised Code.	3637

(C)(1) The department of aging or its designee shall take the	3638
following actions when the circumstances specified in division	3639
(C)(2) of this section apply:	3640

(a) Refuse to issue a community-based long-term care services	3641
certificate to a self-employed provider;	3642

(b) Revoke a self-employed provider's community-based	3643
long-term care services certificate;	3644

(c) Refuse to award a community-based long-term care services	3645
contract or grant to a self-employed provider;	3646

(d) Terminate a self-employed provider's community-based	3647
long-term care services contract or grant awarded on or after the	3648
effective date of this section.	3649

(2) The following are the circumstances that require the	3650
department of aging or its designee to take action under division	3651
(C)(1) of this section:	3652

(a) A review of the databases listed in division (E) of this	3653
section reveals any of the following:	3654

(i) That the self-employed provider is included in one or	3655
more of the databases listed in divisions (E)(1) to (5) of this	3656
section;	3657

(ii) That there is in the state nurse aide registry	3658
established under section 3721.32 of the Revised Code a statement	3659
detailing findings by the director of health that the	3660
self-employed provider neglected or abused a long-term care	3661
facility or residential care facility resident or misappropriated	3662
property of such a resident;	3663

(iii) That the self-employed provider is included in one or	3664
more of the databases, if any, specified in rules adopted under	3665
this section and the rules require the department or its designee	3666
to take action under division (C)(1) of this section if a	3667
self-employed provider is included in such a database.	3668

(b) After the self-employed provider is provided, pursuant to	3669
division (F)(2)(a) of this section, a copy of the form prescribed	3670
pursuant to division (C)(1) of section 109.572 of the Revised Code	3671
and the standard impression sheet prescribed pursuant to division	3672
(C)(2) of that section, the self-employed provider fails to	3673
complete the form or provide the self-employed provider's	3674
fingerprint impressions on the standard impression sheet.	3675

(c) Unless the self-employed provider meets standards	3676
specified in rules adopted under this section, the self-employed	3677
provider is found by a criminal records check required by this	3678
section to have been convicted of, pleaded guilty to, or been	3679
found eligible for intervention in lieu of conviction for a	3680
disqualifying offense.	3681

(D) The department of aging or its designee shall inform each	3682
self-employed provider of both of the following at the time of the	3683
self-employed provider's initial application for a community-based	3684
long-term care services certificate or initial bid for a	3685
community-based long-term care services contract or grant:	3686

(1) That a review of the databases listed in division (E) of	3687
this section will be conducted to determine whether the department	3688
or its designee is required by division (C) of this section to	3689
refuse to issue or award a community-based long-term care services	3690
certificate or community-based long-term care services contract or	3691
grant to the self-employed provider;	3692

(2) That, unless the database review reveals that the	3693
department or its designee is required to refuse to issue or award	3694
a community-based long-term care services certificate or	3695
community-based long-term care services contract or grant to the	3696
self-employed provider, a criminal records check of the	3697
self-employed provider will be conducted and the self-employed	3698
provider is required to provide a set of the self-employed	3699
provider's fingerprint impressions as part of the criminal records	3700
check.	3701

(E) As a condition of issuing or awarding a community-based	3702
long-term care services certificate or community-based long-term	3703
care services contract or grant to a self-employed provider, the	3704
department of aging or its designee shall conduct a database	3705
review of the self-employed provider in accordance with rules	3706
adopted under this section. If rules adopted under this section so	3707
require, the department or its designee shall conduct a database	3708
review of a self-employed provider in accordance with the rules as	3709
a condition of not revoking or terminating the self-employed	3710
provider's community-based long-term care services certificate or	3711
community-based long-term care services contract or grant. A	3712
database review shall determine whether the self-employed provider	3713
is included in any of the following:	3714

(1) The excluded parties list system that is maintained by	3715
the United States general services administration pursuant to	3716
subpart 9.4 of the federal acquisition regulation and available at	3717
the federal web site known as the system for award management;	3718

(2) The list of excluded individuals and entities maintained	3719
by the office of inspector general in the United States department	3720
of health and human services pursuant to the "Social Security	3721
Act," 42 U.S.C. 1320a-7 and 1320c-5;	3722

(3) The registry of MR/DD employees established under section	3723
5123.52 of the Revised Code;	3724

(4) The internet-based sex offender and child-victim offender	3725
database established under division (A)(11) of section 2950.13 of	3726
the Revised Code;	3727

(5) The internet-based database of inmates established under	3728
section 5120.66 of the Revised Code;	3729

(6) The state nurse aide registry established under section	3730
3721.32 of the Revised Code;	3731

(7) Any other database, if any, specified in rules adopted	3732
under this section.	3733

(F)(1) As a condition of issuing or awarding a	3734
community-based long-term care services certificate or	3735
community-based long-term care services contract or grant to a	3736
self-employed provider, the department of aging or its designee	3737
shall request that the superintendent of the bureau of criminal	3738
identification and investigation conduct a criminal records check	3739
of the self-employed provider. If rules adopted under this section	3740
so require, the department or its designee shall request that the	3741
superintendent conduct a criminal records check of a self-employed	3742
provider at times specified in the rules as a condition of not	3743
revoking or terminating the self-employed provider's	3744
community-based long-term care services certificate or	3745
community-based long-term care services contract or grant.	3746
However, the department or its designee is not required to request	3747
the criminal records check of the self-employed provider if the	3748
department or its designee, because of circumstances specified in	3749
division (C)(2)(a) of this section, is required to refuse to issue	3750
or award a community-based long-term care services certificate or	3751
community-based long-term care services contract or grant to the	3752
self-employed provider or to revoke or terminate the self-employed	3753
provider's certificate or contract or grant.	3754

If a self-employed provider for whom a criminal records check	3755
request is required by this section does not present proof of	3756
having been a resident of this state for the five-year period	3757
immediately prior to the date the criminal records check is	3758
requested or provide evidence that within that five-year period	3759
the superintendent has requested information about the	3760
self-employed provider from the federal bureau of investigation in	3761
a criminal records check, the department or its designee shall	3762
request that the superintendent obtain information from the	3763
federal bureau of investigation as part of the criminal records	3764
check. Even if a self-employed provider for whom a criminal	3765
records check request is required by this section presents proof	3766
of having been a resident of this state for the five-year period,	3767
the department or its designee may request that the superintendent	3768
include information from the federal bureau of investigation in	3769
the criminal records check.	3770

(2) The department or its designee shall do all of the	3771
following:	3772

(a) Provide to each self-employed provider for whom a	3773
criminal records check request is required by this section a copy	3774
of the form prescribed pursuant to division (C)(1) of section	3775
109.572 of the Revised Code and a standard impression sheet	3776
prescribed pursuant to division (C)(2) of that section;	3777

(b) Obtain the completed form and standard impression sheet	3778
from the self-employed provider;	3779

(c) Forward the completed form and standard impression sheet	3780
to the superintendent.	3781

(3) The department or its designee shall pay to the bureau of	3782
criminal identification and investigation the fee prescribed	3783
pursuant to division (C)(3) of section 109.572 of the Revised Code	3784
for each criminal records check of a self-employed provider the	3785
department or its designee requests under this section. The	3786
department or its designee may charge the self-employed provider a	3787
fee that does not exceed the amount the department or its designee	3788
pays to the bureau.	3789

(G) The report of any criminal records check of a	3790
self-employed provider conducted pursuant to a request made under	3791
this section is not a public record for the purposes of section	3792
149.43 of the Revised Code and shall not be made available to any	3793
person other than the following:	3794

(1) The self-employed provider or the self-employed	3795
provider's representative;	3796

(2) The department of aging, the department's designee, or a	3797
representative of the department or its designee;	3798

(3) The medicaid director and the staff of the department of	3799
medicaid who are involved in the administration of the medicaid	3800
program if the self-employed provider is to provide, or provides,	3801
community-based long-term care services under a component of the	3802
medicaid program that the department of aging administers;	3803

(4) A court, hearing officer, or other necessary individual	3804
involved in a case dealing with any of the following:	3805

(a) A refusal to issue or award a community-based long-term	3806
services certificate or community-based long-term care services	3807
contract or grant to the self-employed provider;	3808

(b) A revocation or termination of the self-employed	3809
provider's community-based long-term care services certificate or	3810
community-based long-term care services contract or grant;	3811

(c) A civil or criminal action regarding a program the	3812
department of aging administers.	3813

(H) In a tort or other civil action for damages that is	3814
brought as the result of an injury, death, or loss to person or	3815
property caused by a self-employed provider, both of the following	3816
shall apply:	3817

(1) If the department of aging or its designee, in good faith	3818
and reasonable reliance on the report of a criminal records check	3819
requested under this section, issued or awarded a community-based	3820
long-term care services certificate or community-based long-term	3821
care services contract or grant to the self-employed provider or	3822
did not revoke or terminate the self-employed provider's	3823
certificate or contract or grant, the department and its designee	3824
shall not be found negligent solely because of its reliance on the	3825
report, even if the information in the report is determined later	3826
to have been incomplete or inaccurate.	3827

(2) If the department or its designee in good faith issued or	3828
awarded a community-based long-term care services certificate or	3829
community-based long-term care services contract or grant to the	3830
self-employed provider or did not revoke or terminate the	3831
self-employed provider's certificate or contract or grant because	3832
the self-employed provider meets standards specified in rules	3833
adopted under this section, the department and its designee shall	3834
not be found negligent solely because the self-employed provider	3835
has been convicted of, pleaded guilty to, or been found eligible	3836
for intervention in lieu of conviction for a disqualifying	3837
offense.	3838

(I) The director of aging shall adopt rules in accordance	3839
with Chapter 119. of the Revised Code to implement this section.	3840

(1) The rules may do the following:

3841

(a) Require self-employed providers who have been issued or	3842
awarded community-based long-term care services certificates or	3843
community-based long-term care services contracts or grants to	3844
undergo database reviews and criminal records checks under this	3845
section;	3846

(b) If the rules require self-employed providers who have	3847
been issued or awarded community-based long-term care services	3848
certificates or community-based long-term care services contracts	3849
or grants to undergo database reviews and criminal records checks	3850
under this section, exempt one or more classes of such	3851
self-employed providers from the requirements;	3852

(c) For the purpose of division (E)(7) of this section,	3853
specify other databases that are to be checked as part of a	3854
database review conducted under this section.	3855

(2) The rules shall specify all of the following:

3856

(a) The procedures for conducting database reviews under this	3857
section;	3858

(b) If the rules require self-employed providers who have	3859
been issued or awarded community-based long-term care services	3860
certificates or community-based long-term care services contracts	3861
or grants to undergo database reviews and criminal records checks	3862
under this section, the times at which the database reviews and	3863
criminal records checks are to be conducted;	3864

(c) If the rules specify other databases to be checked as	3865
part of the database reviews, the circumstances under which the	3866
department of aging or its designee is required to refuse to issue	3867
or award a community-based long-term care services certificate or	3868
community-based long-term care services contract or grant to a	3869
self-employed provider or to revoke or terminate a self-employed	3870
provider's certificate or contract or grant when the self-employed	3871
provider is found by a database review to be included in one or	3872
more of those databases;	3873

(d) Standards that a self-employed provider must meet for the	3874
department or its designee to be permitted to issue or award a	3875
community-based long-term care services certificate or	3876
community-based long-term care services contract or grant to the	3877
self-employed provider or not to revoke or terminate the	3878
self-employed provider's certificate or contract or grant if the	3879
self-employed provider is found by a criminal records check	3880
required by this section to have been convicted of, pleaded guilty	3881
to, or been found eligible for intervention in lieu of conviction	3882
for a disqualifying offense.	3883

Sec. 173.391. (A) ~~The~~Subject to section 173.381 of the	3884
Revised Code, the department of aging or its designee shall do all	3885
of the following in accordance with Chapter 119. of the Revised	3886
Code:	3887

(1) Certify a provider to provide community-based long-term	3888
care services under a program the department administers if the	3889
provider satisfies the requirements for certification established	3890
by rules adopted under division (B) of this section and pays the	3891
fee, if any, established by rules adopted under division (G) of	3892
this section;	3893

(2) When required to do so by rules adopted under division	3894
(B) of this section, take one or more of the following	3895
disciplinary actions against a provider certified under division	3896
(A)(1) of this section:	3897

(a) Issue a written warning;

3898

(b) Require the submission of a plan of correction or	3899
evidence of compliance with requirements identified by the	3900
department;	3901

3902

(d) Remove clients;

3903

(e) Impose a fiscal sanction such as a civil monetary penalty	3904
or an order that unearned funds be repaid;	3905

(f) Suspend the certification;

3906

(g) Revoke the certification;

3907

(h) Impose another sanction.

3908

(3) Except as provided in division (E) of this section, hold	3909
hearings when there is a dispute between the department or its	3910
designee and a provider concerning actions the department or its	3911
designee takes regarding a decision not to certify the provider	3912
under division (A)(1) of this section or a disciplinary action	3913
under divisions (A)(2)(e) to (h) of this section.	3914

(B) The director of aging shall adopt rules in accordance	3915
with Chapter 119. of the Revised Code establishing certification	3916
requirements and standards for determining which type of	3917
disciplinary action to take under division (A)(2) of this section	3918
in individual situations. The rules shall establish procedures for	3919
all of the following:	3920

(1) Ensuring that providers comply with ~~section~~sections	3921
173.38 and 173.381 of the Revised Code;	3922

(2) Evaluating the services provided by the providers to	3923
ensure that the services are provided in a quality manner	3924
advantageous to the individual receiving the services;	3925

(3) ~~Determining~~In a manner consistent with section 173.381	3926
of the Revised Code, determining when to take disciplinary action	3927
under division (A)(2) of this section and which disciplinary	3928
action to take;	3929

(4) Determining what constitutes another sanction for	3930
purposes of division (A)(2)(h) of this section.	3931

(C) The procedures established in rules adopted under	3932
division (B)(2) of this section shall require that all of the	3933
following be considered as part of an evaluation described in	3934
division (B)(2) of this section:	3935

(1) The provider's experience and financial responsibility;

3936

(2) The provider's ability to comply with standards for the	3937
community-based long-term care services that the provider provides	3938
under a program the department administers;	3939

(3) The provider's ability to meet the needs of the	3940
individuals served;	3941

(4) Any other factor the director considers relevant.

3942

(D) The rules adopted under division (B)(3) of this section	3943
shall specify that the reasons disciplinary action may be taken	3944
under division (A)(2) of this section include good cause,	3945
including misfeasance, malfeasance, nonfeasance, confirmed abuse	3946
or neglect, financial irresponsibility, or other conduct the	3947
director determines is injurious, or poses a threat, to the health	3948
or safety of individuals being served.	3949

(E) Subject to division (F) of this section, the department	3950
is not required to hold hearings under division (A)(3) of this	3951
section if any of the following conditions apply:	3952

(1) Rules adopted by the director of aging pursuant to this	3953
chapter require the provider to be a party to a provider	3954
agreement; hold a license, certificate, or permit; or maintain a	3955
certification, any of which is required or issued by a state or	3956
federal government entity other than the department of aging, and	3957
either of the following is the case:	3958

(a) The provider agreement has not been entered into or the	3959
license, certificate, permit, or certification has not been	3960
obtained or maintained.	3961

(b) The provider agreement, license, certificate, permit, or	3962
certification has been denied, revoked, not renewed, or suspended	3963
or has been otherwise restricted.	3964

(2) The provider's certification under this section has been	3965
denied, suspended, or revoked for any of the following reasons:	3966

(a) A government entity of this state, other than the	3967
department of aging, has terminated or refused to renew any of the	3968
following held by, or has denied any of the following sought by, a	3969
provider: a provider agreement, license, certificate, permit, or	3970
certification. Division (E)(2)(a) of this section applies	3971
regardless of whether the provider has entered into a provider	3972
agreement in, or holds a license, certificate, permit, or	3973
certification issued by, another state.	3974

(b) The provider or a principal owner or manager of the	3975
provider who provides direct care has entered a guilty plea for,	3976
or has been convicted of, an offense materially related to the	3977
medicaid program.	3978

(c) ~~The provider or a~~A principal owner or manager of the	3979
provider who provides direct care has entered a guilty plea for,	3980
been convicted of, or been found eligible for intervention in lieu	3981
of conviction for an offense listed or described in divisions	3982
(A)(3)(a) to (e) of section 109.572 of the Revised Code, but only	3983
if the provider, principal owner, or manager does not meet	3984
standards specified by the director in rules adopted under section	3985
173.38 of the Revised Code.	3986

(d) The department or its designee is required by section	3987
173.381 of the Revised Code to deny or revoke the provider's	3988
certification.	3989

(e) The United States department of health and human services	3990
has taken adverse action against the provider and that action	3991
impacts the provider's participation in the medicaid program.	3992

~~(e)~~(f) The provider has failed to enter into or renew a	3993
provider agreement with the PASSPORT administrative agency, as	3994
that term is defined in section 173.42 of the Revised Code, that	3995
administers programs on behalf of the department of aging in the	3996
region of the state in which the provider is certified to provide	3997
services.	3998

~~(f)~~(g) The provider has not billed or otherwise submitted a	3999
claim to the department for payment under the medicaid program in	4000
at least two years.	4001

~~(g)~~(h) The provider denied or failed to provide the	4002
department or its designee access to the provider's facilities	4003
during the provider's normal business hours for purposes of	4004
conducting an audit or structural compliance review.	4005

~~(h)~~(i) The provider has ceased doing business.

4006

~~(i)~~(j) The provider has voluntarily relinquished its	4007
certification for any reason.	4008

(3) The provider's provider agreement with the department of	4009
medicaid has been suspended under division (C) of section 5164.37	4010
of the Revised Code.	4011

(4) The provider's provider agreement with the department of	4012
medicaid is denied or revoked because the provider or its owner,	4013
officer, authorized agent, associate, manager, or employee has	4014
been convicted of an offense that caused the provider agreement to	4015
be suspended under section 5164.37 of the Revised Code.	4016

(F) If the department does not hold hearings when any	4017
condition described in division (E) of this section applies, the	4018
department may send a notice to the provider describing a decision	4019
not to certify the provider under division (A)(1) of this section	4020
or the disciplinary action the department proposes to take under	4021
division (A)(2)(e) to (h) of this section. The notice shall be	4022
sent to the provider's address that is on record with the	4023
department and may be sent by regular mail.	4024

(G) The director of aging may adopt rules in accordance with	4025
Chapter 119. of the Revised Code establishing a fee to be charged	4026
by the department of aging or its designee for certification	4027
issued under this section.	4028

All fees collected by the department or its designee under	4029
this section shall be deposited in the state treasury to the	4030
credit of the provider certification fund, which is hereby	4031
created. Money credited to the fund shall be used to pay for	4032
community-based long-term care services, administrative costs	4033
associated with provider certification under this section, and	4034
administrative costs related to the publication of the Ohio	4035
long-term care consumer guide.	4036

Sec. 173.392. (A) The department of aging may pay a provider	4037
for providing community-based long-term care services under a	4038
program the department administers, even though the provider is	4039
not certified under section 173.391 of the Revised Code, if all of	4040
the following are the case:	4041

(1) The provider has a contract with the department of aging	4042
or the department's designee to provide the services in accordance	4043
with the contract or has received a grant from the department or	4044
its designee to provide the services in accordance with a grant	4045
agreement;	4046

(2) The contract or grant agreement includes detailed	4047
conditions of participation for the provider and service standards	4048
that the provider is required to satisfy;	4049

(3) The provider complies with the contract or grant	4050
agreement;	4051

(4) The contract or grant is not for medicaid-funded	4052
services, other than services provided under the PACE program	4053
administered by the department of aging under section 173.50 of	4054
the Revised Code.	4055

(B)(1) The director of aging shall adopt rules in accordance	4056
with Chapter 119. of the Revised Code governing both of the	4057
following:	4058

~~(1)~~(a) Contracts and grant agreements between the department	4059
of aging or its designee and providers;	4060

~~(2)~~(b) The department's payment for community-based long-term	4061
care services under this section.	4062

(2) The rules adopted under this section shall be consistent	4063
with section 173.381 of the Revised Code.	4064

Sec. 173.47. (A) For purposes of publishing the Ohio	4065
long-term care consumer guide, the department of aging shall	4066
conduct or provide for the conduct of an annual customer	4067
satisfaction survey of each long-term care facility. The results	4068
of the surveys may include information obtained from long-term	4069
care facility residents, their families, or both. A survey that is	4070
to include information obtained from nursing facility residents	4071
shall include the questions specified in divisions (C)(7)(a) and	4072
(b) ~~and (18) and (D)(7)(a) and (b)~~ of section 5165.25 of the	4073
Revised Code. A survey that is to include information obtained	4074
from the families of nursing facility residents shall include the	4075
questions specified in divisions (C)(8)(a) and (b) ~~and (19) and~~	4076
~~(D)(8)(a) and (b)~~ of section 5165.25 of the Revised Code.	4077

(B) Each long-term care facility shall cooperate in the	4078
conduct of its annual customer satisfaction survey.	4079

Sec. 175.04. (A) The governor shall appoint a chairperson	4080
from among the members. The agency members shall elect a member as	4081
vice-chairperson. The agency members may appoint other officers,	4082
who need not be members of the agency, as the agency deems	4083
necessary.	4084

(B) Six members of the agency constitute a quorum and the	4085
affirmative vote of six members is necessary for any action the	4086
agency takes. No vacancy in agency membership impairs the right of	4087
a quorum to exercise all of the agency's rights and perform all	4088
the agency's duties. Agency meetings may be held at any place	4089
within the state. Meetings shall comply with section 121.22 of the	4090
Revised Code.	4091

(C) The agency shall maintain accounting records in	4092
accordance with generally accepted accounting principals and other	4093
required accounting standards.	4094

(D) The agency shall develop policies and guidelines for the	4095
administration of its programs and annually shall conduct at least	4096
one public hearing to obtain input from any interested party	4097
regarding the administration of its programs. The hearing shall be	4098
held at a time and place as the agency determines and when a	4099
quorum of the agency is present.	4100

(E) The agency shall appoint committees and subcommittees	4101
comprised of members of the agency to handle matters it deems	4102
appropriate.	4103

(1) The agency shall adopt an annual plan to address this	4104
state's housing needs. The agency shall appoint an annual plan	4105
committee to develop the plan and present it to the agency for	4106
consideration.	4107

(2) The annual plan committee shall select an advisory board	4108
from a list of interested individuals the executive director	4109
provides or on its own recommendation. The advisory board shall	4110
provide input on the plan at committee meetings prior to the	4111
annual public hearing. At the public hearing, the committee shall	4112
discuss advisory board comments. The advisory board may include,	4113
but is not limited to, persons who represent state agencies, local	4114
governments, public corporations, nonprofit organizations,	4115
community development corporations, housing advocacy organizations	4116
for low- and moderate-income persons, realtors, syndicators,	4117
investors, lending institutions as recommended by a statewide	4118
banking organization, and other entities participating in the	4119
agency's programs.	4120

Each agency program that allows for loans to be made to	4121
finance housing for owner occupancy that benefits other than low-	4122
and moderate-income households, or for loans to be made to	4123
individuals under bonds issued pursuant to division (B) of section	4124
175.08 of the Revised Code, shall be presented to the advisory	4125
board and included in the annual plan as approved by the agency	4126
before the program's implementation.	4127

(F) The agency shall prepare an annual financial report	4128
describing its activities during the reporting year and submit	4129
that report in accordance with division (H) of this section and to	4130
the governor, the speaker of the house of representatives, and the	4131
president of the senate within three months after the end of the	4132
reporting year. The report shall include the agency's audited	4133
financial statements, prepared in accordance with generally	4134
accepted accounting principles and appropriate accounting	4135
standards.	4136

(G) The agency shall prepare an annual report of its programs	4137
describing how the programs have met this state's housing needs.	4138
The agency shall submit the report in accordance with division (H)	4139
of this section and to the governor, the speaker of the house of	4140
representatives, and the president of the senate within three	4141
months after the end of the reporting year.	4142

(H)(1) The agency shall submit, within a time frame agreed to	4143
by the agency and the chairs, the annual financial report	4144
described in division (F) of this section and the annual report of	4145
programs described in division (G) of this section to the chairs	4146
of the committees dealing with housing issues in the house of	4147
representatives and the senate.	4148

(2) Within forty-five days of issuance of the annual	4149
financial report, the agency's executive director shall request to	4150
appear in person before the committees described in division	4151
(H)(1) of this section to testify in regard to the financial	4152
report and the report of programs. The testimony shall include	4153
each of the following:	4154

(a) An overview of the annual plan adopted pursuant to	4155
division (E)(1) of this section;	4156

(b) An evaluation of whether the objectives in the annual	4157
plan were met through a comparison of the annual plan with the	4158
annual financial report and report of programs;	4159

(c) A complete listing by award and amount of all business	4160
and contractual relationships in excess of one hundred thousand	4161
dollars between the agency and other entities and organizations	4162
that participated in agency programs during the fiscal year	4163
reported by the agency's annual financial report and report of	4164
programs;	4165

(d) A complete listing by award and amount of the low-income	4166
housing tax credit syndication and direct investor entities for	4167
projects that received tax credit reservations and IRS Form 8609	4168
during the fiscal year.	4169

Sec. 175.05. (A) The Ohio housing finance agency shall do all	4170
of the following related to the agency's operation:	4171

(1) Adopt bylaws for the conduct of its business;

4172

(2) Employ and fix the compensation of anthe executive	4173
director who serves at the pleasure of the agency to administer	4174
the agency's programs and activities. The executive director may	4175
employ and fix the compensation of employees in the unclassified	4176
civil service as necessary to carry out this chapter and may	4177
employ other personnel who are governed by collective bargaining	4178
law and classified under that law. The executive director shall	4179
~~file financial disclosure statements~~carry out all duties as	4180
described in section ~~102.02~~175.053 of the Revised Code.	4181

(3) Establish an operating budget for the agency and	4182
administer funds appropriated for the agency's use;	4183

(4) Notwithstanding any other provision of the Revised Code,	4184
hold all moneys, funds, properties, and assets the agency acquires	4185
or that are directly or indirectly within the agency's control,	4186
including proceeds from the sale of bonds, revenues, and	4187
otherwise, in trust for the purpose of exercising its powers and	4188
carrying out its duties pursuant to this chapter. Notwithstanding	4189
any other provision of the Revised Code other than section 175.051	4190
of the Revised Code, at no time shall the agency's moneys, funds,	4191
properties, or assets be considered public moneys, public funds,	4192
public properties, or public assets or subject to Chapters 131.	4193
and 135. of the Revised Code.	4194

(5) Maintain a principal office and other offices within the	4195
state.	4196

(B) The Ohio housing finance agency may do any of the	4197
following related to the agency's operation:	4198

(1) Except as otherwise provided in section 174.04 of the	4199
Revised Code, determine income limits for low- and moderate-income	4200
persons and establish periodic reviews of income limits. In	4201
determining income limits, the agency shall take into	4202
consideration the amount of income available for housing, family	4203
size, the cost and condition of available housing, ability to pay	4204
the amounts the private market charges for decent, safe, and	4205
sanitary housing without federal subsidy or state assistance, and	4206
the income eligibility standards of federal programs. Income	4207
limits may vary from area to area within the state.	4208

(2) Provide technical information, advice, and assistance	4209
related to obtaining federal and state aid to assist in the	4210
planning, construction, rehabilitation, refinancing, and operation	4211
of housing;	4212

(3) Provide information, assistance, or instruction	4213
concerning agency programs, eligibility requirements, application	4214
procedures, and other related matters;	4215

(4) Procure or require the procurement of insurance and pay	4216
the premium against loss in connection with the agency's	4217
operations, to include the repayment of a loan, in amounts and	4218
from insurers, including the federal government, as the agency	4219
determines;	4220

(5) Contract with, retain, or designate financial	4221
consultants, accountants, and other consultants and independent	4222
contractors, other than attorneys, whom the agency determines are	4223
necessary or appropriate;	4224

(6) Charge, alter, and collect interest and other charges for	4225
program services including, but not limited to, the allocation of	4226
loan funds, the purchase of mortgage loans, and the provision of	4227
services that include processing, inspecting, and monitoring of	4228
housing units financed and the financial records for those units;	4229

(7) Conduct or authorize studies and analyses of housing	4230
needs and conditions to the extent that those activities are not	4231
carried out by other agencies in a manner that is satisfactory for	4232
the agency's needs;	4233

(8)(a) Acquire by gift, purchase, foreclosure, investment, or	4234
other means, and hold, assign, pledge, lease, transfer, or	4235
otherwise dispose of real and personal property or any interest in	4236
that property in the exercise of its powers and the performance of	4237
its duties;	4238

(b) Any instrument by which real property is acquired	4239
pursuant to this section shall identify the state agency that has	4240
the use and benefit of the real property as specified in section	4241
5301.012 of the Revised Code.	4242

(9)(a) Borrow money, receive gifts, grants, loans, or other	4243
assistance from any federal, state, local, or other government	4244
source, including the housing development fund and the housing	4245
trust fund, and enter into contracts in connection with those	4246
sources of assistance;	4247

(b) Receive assistance or contributions from any	4248
nongovernment source to include money, property, labor, or things	4249
of value, to be held, used, and applied only for the purposes for	4250
which the grants and contributions are made and within the	4251
purposes of this chapter.	4252

(10) Sue and be sued in its own name with respect to its	4253
contracts, obligations, and covenants, or the enforcement of this	4254
chapter. Any actions against the agency shall be brought in a	4255
court of competent jurisdiction located in Franklin county, Ohio.	4256

(11) Enter into any contract, commitment, or agreement and	4257
execute any instrument necessary or incidental to the performance	4258
of duties and the execution of powers;	4259

(12) Adopt an official seal;

4260

(13)(a) Contract with any private or government entity to	4261
administer programs for which the agency receives sufficient	4262
revenues for its services or the agency supports with uncommitted	4263
agency resources that pay the agency's operating costs;	4264

(b) Administer state and federal programs for which the	4265
governor designates the agency to act as administrator. The agency	4266
may charge administrative fees to the state, the federal	4267
government, or a program recipient.	4268

(14) Notwithstanding any other provision of the Revised Code,	4269
establish, maintain, administer, and close funds and accounts as	4270
convenient or appropriate to the agency's operations;	4271

(15) Establish a policy to permit the investment of agency	4272
funds in securities and obligations;	4273

(16) Establish rules and procedures that the agency	4274
determines are appropriate to appeal the agency's actions and	4275
decisions;	4276

(17) Serve housing needs in instances that the agency	4277
determines necessary as a public purpose;	4278

(18) Provide coverage for its employees under Chapters 145.,	4279
4123., and 4141. of the Revised Code;	4280

(19) Adopt rules pursuant to Chapter 119. of the Revised	4281
Code;	4282

(20) Do anything necessary or appropriate to exercise the	4283
powers of this chapter and carry out the purposes of this chapter	4284
and Section 14, Article VIII and Section 16, Article VIII, Ohio	4285
Constitution.	4286

(C) The attorney general shall serve as the legal	4287
representative for the Ohio housing finance agency and may appoint	4288
special counsel for that purpose in accordance with section 109.07	4289
of the Revised Code.	4290

Sec. 175.053. The executive director employed by the agency	4291
pursuant to division (A)(2) of section 175.05 of the Revised Code	4292
shall do all of the following:	4293

(A) File financial disclosure statements as described in	4294
section 102.02 of the Revised Code;	4295

(B) Ensure policies and procedures are developed and	4296
maintained for the operation and administration of the agency's	4297
programs and activities that encourage competition and minimize	4298
concentration. Policies and procedures shall address all	4299
applicable requirements described in the Revised Code and federal	4300
regulations.	4301

(C) Provide an update, during the testimony described in	4302
division (H)(2) of section 175.04 of the Revised Code, on any	4303
audits performed during the fiscal year.	4304

Sec. 175.06. (A) The Ohio housing finance agency shall do all	4305
of the following related to carrying out its programs:	4306

(1) Upon the governor's designation, serve as the housing	4307
credit agency for the state and perform all responsibilities of a	4308
housing credit agency pursuant to Section 42 of the Internal	4309
Revenue Code and similar applicable laws;	4310

(2) Require that housing that benefits from the agency's	4311
assistance be available without discrimination in accordance with	4312
Chapter 4112. of the Revised Code and applicable provisions of	4313
federal law;	4314

(3) Demonstrate measurable and objective transparency;

4315

(4) Efficiently award funding to maximize affordable housing	4316
production using cost-effective strategies;	4317

(5) Encourage national equity investment in low-income	4318
housing tax credit projects;	4319

(6) Utilize resources to provide competitive homebuyer	4320
programs to serve low- and moderate-income persons.	4321

(B) The Ohio housing finance agency may do any of the	4322
following related to carrying out its programs:	4323

(1) Issue bonds, provide security for assets, make deposits,	4324
purchase or make loans, provide economic incentives for the	4325
development of housing, and provide financial assistance for	4326
emergency housing;	4327

(2) Serve as a public housing agency and contract with the	4328
United States department of housing and urban development to	4329
administer the department's rent subsidy program, housing subsidy	4330
program, and monitoring programs for low- and moderate-income	4331
persons. The agency shall ensure that any contract into which it	4332
enters provides for sufficient compensation to the agency for its	4333
services.	4334

(3) Develop and administer programs under which the agency	4335
uses moneys from the housing trust fund as allocated by the	4336
department of development to extend financial assistance pursuant	4337
to sections 174.01 to 174.07 of the Revised Code;	4338

(4) Make financial assistance available;

4339

(5) Guarantee and commit to guarantee the repayment of	4340
financing that a lending institution extends for housing,	4341
guaranteeing that debt with any of the agency's reserve funds not	4342
raised by taxation and not otherwise obligated for debt service,	4343
including the housing development fund established pursuant to	4344
section 175.11 of the Revised Code and any fund created under	4345
division (B)(14) of section 175.05 of the Revised Code;	4346

(6) Make, commit to make, and participate in making financial	4347
assistance, including federally insured mortgage loans, available	4348
to finance the construction and rehabilitation of housing or to	4349
refinance existing housing;	4350

(7) Invest in, purchase, and take from lenders the assignment	4351
of notes or other evidence of debt including federally insured	4352
mortgage loans, or participate with lenders in notes and loans for	4353
homeownership, development, or refinancing of housing;	4354

(8) Sell at public or private sale any mortgage or mortgage	4355
backed securities the agency holds;	4356

(9) Issue bonds to carry out the agency's purposes as set	4357
forth in this chapter;	4358

(10) Extend or otherwise make available housing assistance on	4359
terms the agency determines.	4360

(C) The Ohio housing finance agency may issue bonds and	4361
extend financial assistance from any fund the agency administers	4362
for the prompt replacement, repair, or refinancing of damaged	4363
housing if both of the following apply:	4364

(1) The governor declares that a state of emergency exists	4365
with respect to a county, region, or political subdivision of this	4366
state, or declares that a county, region, or political subdivision	4367
has experienced a disaster as defined in section 5502.21 of the	4368
Revised Code.	4369

(2) The agency determines that the emergency or disaster has	4370
substantially damaged or destroyed housing in the area of the	4371
emergency or disaster.	4372

(D) The agency shall establish guidelines for extending	4373
financial assistance for emergency housing. The guidelines shall	4374
include eligibility criteria for assistance and the terms and	4375
conditions under which the agency may extend financial assistance.	4376

Sec. 191.01. As used in this chapter:

4377

(A) "Administrative safeguards," "availability,"	4378
"confidentiality," "integrity," "physical safeguards," and	4379
"technical safeguards" have the same meanings as in 45 C.F.R.	4380
164.304.	4381

(B) "Business associate," "covered entity," "health plan,"	4382
"individually identifiable health information," and "protected	4383
health information" have the same meanings as in 45 C.F.R.	4384
160.103.	4385

(C) "Executive director of the office of health	4386
transformation" or "executive director" means the executive	4387
director of the office of health transformation or the chief	4388
administrative officer of a successor governmental entity	4389
responsible for health system oversight in this state.	4390

(D) "Government program providing public benefits" means any	4391
program administered by a state agency that has been identified,	4392
pursuant to section 191.02 of the Revised Code, by the executive	4393
director of the office of health transformation in consultation	4394
with the individuals specified in that section.	4395

(E) "Office of health transformation" means the office of	4396
health transformation created by executive order 2011-02K.	4397

(F) "Operating protocol" means a protocol adopted by the	4398
executive director of the office of health transformation or the	4399
executive director's designee under division (D) of section 191.06	4400
of the Revised Code.	4401

(G) "Participating agency" means a state agency that	4402
participates in a health transformation initiative as specified in	4403
the one or more operating protocols adopted for the initiative	4404
under division (D) of section 191.06 of the Revised Code.	4405

(H) "Personally identifiable information" means information	4406
that meets both of the following criteria:	4407

(1) It identifies an individual or there is a reasonable	4408
basis to believe that it may be used to identify an individual;	4409

(2) It relates to an individual's eligibility for,	4410
application for, or receipt of public benefits from a government	4411
program providing public benefits.	4412

(I) "State agency" means each of the following:

4413

(1) The department of administrative services;

4414

(2) The department of aging;

4415

(3) The development services agency;

4416

(4) The department of developmental disabilities;

4417

(5) The department of education;

4418

(6) The department of health;

4419

(7) The department of insurance;

4420

(8) The department of job and family services;

4421

(9) The department of medicaid;

4422

(10) The department of mental health and addiction services;

4423

(11) The department of rehabilitation and correction;

4424

(12) The department of taxation;

4425

(13) The department of veterans services;

4426

(14) The department of youth services;

4427

(15) The opportunities for Ohioans with disabilities agency.

4428

(J) "Unsecured" has the same meaning as in 16 C.F.R. 318.2.

4429

Sec. 193.01. The general assembly finds that the presence	4430
and stability of federal-military installations and the associated	4431
private industry and higher education collaborations that occur	4432
within the state preserves existing jobs, creates new jobs and	4433
employment opportunities, improves the economic welfare of the	4434
people of the state, and materially contributes to regional	4435
economic stability in the area of their locations. Therefore, it	4436
is declared to be the public policy of the state to assist in and	4437
facilitate public or private partnerships that would aid in the	4438
retention and growth in the active federal and military missions	4439
and agencies located in the state.	4440

Sec. 193.03. (A) There is hereby created the	4441
federal-military jobs commission to develop and maintain an	4442
ongoing strategy for retention and growth of federal-military	4443
agencies and missions and associated private sector jobs in the	4444
state.	4445

(B) The commission shall consist of the following members,	4446
none of whom may be an elected official of the state:	4447

(1) Three members appointed by the president of the senate;

4448

(2) Three members appointed by the speaker of the house of	4449
representatives;	4450

(3) Three members appointed by the governor.

4451

(C)(1) Initial appointments to the commission shall be made	4452
not later than October 1, 2014. Members shall serve one-year	4453
terms.	4454

(2) Members may be reappointed to the commission. Vacancies	4455
on the commission shall be filled in the same manner as the	4456
original appointments.	4457

(3) Members serve at the pleasure of, and may be removed for	4458
just cause by, the member's appointing authority.	4459

(4) Qualifications for an individual's appointment to the	4460
commission may include, but are not limited to, any of the	4461
following service or employment experience:	4462

(a) Former service as a military officer;

4463

(b) Civilian service in an executive leadership position in a	4464
federal-military agency;	4465

(c) Experience as an executive in a related business or	4466
industry;	4467

(d) Employment in academia or higher education;

4468

(e) Experience in commercialization and privatization of	4469
research and technology.	4470

(D) The first person appointed by the president of the senate	4471
shall schedule the first meeting of the commission. At the first	4472
meeting, the commission shall select a chairperson from among its	4473
members. After the first meeting, the commission shall meet at	4474
least once during each quarter at the call of the chairperson or	4475
upon the request of a majority of the commission's members. A	4476
majority of the commission constitutes a quorum, and no action	4477
shall be taken without the concurrence of a majority of the	4478
members.	4479

(E) The adjutant general shall provide administrative	4480
assistance to the commission, including office space and	4481
facilities for the commission.	4482

(F) The commission shall administer any money that may be	4483
appropriated to it by the general assembly.	4484

(G) Commission members shall serve without compensation, but	4485
shall be reimbursed for actual and necessary expenses incurred in	4486
the performance of commission duties.	4487

(H) The attorney general shall serve as the legal	4488
representative for the commission and may appoint special counsel	4489
as necessary for that purpose in accordance with section 109.07 of	4490
the Revised Code.	4491

(I) The commission may employ professional, technical, and	4492
clerical employees as are necessary for the commission to be able	4493
to successfully and efficiently perform its duties. All such	4494
employees are in the unclassified service and serve at the	4495
commission's pleasure. The commission may contract for the	4496
services of persons who are qualified by education and experience	4497
to advise, consult with, or otherwise assist the commission in the	4498
performance of its duties.	4499

Sec. 193.05. (A) The federal-military jobs commission shall	4500
be responsible for the furtherance and implementation of	4501
federal-military installation jobs and any programs under this	4502
chapter. The federal-military jobs commission shall do the	4503
following:	4504

(1) Develop and recommend strategies that support and foster	4505
collaboration among local and regional entities to identify	4506
appropriate opportunities for the protection of existing	4507
federal-military facilities and the placement of additional	4508
federal-military facilities in the state;	4509

(2) For facilities located in the state, maintain a current	4510
listing of all facilities of the federal government, including	4511
military, national security, and national aeronautics and space	4512
administration facilities, Ohio national guard facilities, and	4513
related state and federal facilities, including their master	4514
plans;	4515

(3) Make recommendations, as appropriate, to prepare the	4516
state to effectively compete in future and ongoing federal budget	4517
reduction processes;	4518

(4) For the purpose of formulating strategies to secure the	4519
long-term viability, retention, and growth of military missions	4520
and facilities in the state, direct and review studies by experts	4521
that have utilized past base realignment and closure criteria and	4522
scoring to conduct a thorough and detailed analysis of the	4523
military value of the state's military installations, ranges, and	4524
airspace;	4525

(5) Review the scoring criteria from any previous federal	4526
defense base closure and realignment commission's processes to	4527
determine the following:	4528

(a) The strengths and weaknesses of the state relative to	4529
competing installations and facilities, which shall include an	4530
analysis of military value 1-4 attributes, metrics and criteria	4531
such as airspace attributes, encroachment, air traffic control	4532
restrictions, area cost factors, and area weather;	4533

(b) The opportunities for increasing the military value of	4534
federal-military operations in the state that still exist after a	4535
previous federal defense base closure and realignment commission	4536
process.	4537

(6) Provide an ongoing examination of federal agency	4538
construction, including construction for the military, for	4539
homeland security, and for the national aeronautics and space	4540
administration, and related operations budget requests relative to	4541
the infrastructure plans of federal-military agencies and	4542
facilities;	4543

(7) Access and review long-range military construction plans,	4544
associated costs, and timelines as made available by federal	4545
government agencies;	4546

(8) Recommend a public-private partnership for services	4547
specified by the commission that include, but are not limited to,	4548
energy services, internet connectivity, snow removal, fire	4549
service, waste management, library services, day care center	4550
services, security services, and services opportunities to lower	4551
the cost of operations at federal-military installations in the	4552
state;	4553

(9) Examine the roles and responsibilities of general	4554
aviation at airports located in the state and develop and	4555
recommend local and federal programs to assist the state's	4556
installations and facilities related to municipal airport	4557
agreements and the federal airport improvement program;	4558

(10) Review and develop joint base and infrastructure plans	4559
for improving proximity to training areas, consolidating training	4560
centers, and determining alternatives that may exist in current	4561
federal military construction programs for shared services and	4562
shared savings opportunities;	4563

(11) Evaluate plans for federal agencies and local	4564
communities that address excess capacity of buildings, developed	4565
land, and land available for development;	4566

(12) Evaluate enhanced use lease opportunities made available	4567
to federal-military entities in Ohio;	4568

(13) Recommend to the general assembly future programs that	4569
may enhance the state's ability to compete for the retention and	4570
creation of job opportunities related to federal-military	4571
facilities and infrastructure in the state;	4572

(14) In consultation with other state agencies, develop	4573
programs that utilize federal and higher education research	4574
initiatives to commercialize and privatize products to private	4575
sector companies in the state;	4576

(15) Develop programs that create a statewide response to the	4577
federal initiatives that make contracts available to small	4578
businesses and veteran-owned Ohio businesses;	4579

(16) Develop programs and initiatives to promote career	4580
awareness and readiness for, and job placement with,	4581
federal-military jobs and other private sector employer jobs in	4582
the state.	4583

(B) The commission shall adopt internal rules and policies to	4584
implement any of the provisions of this chapter applicable to the	4585
commission.	4586

(C) Except as otherwise prescribed in this chapter, all	4587
expenses incurred by the commission in carrying out the	4588
commission's powers and in exercising the commission's duties	4589
under this chapter, shall be payable solely from, as appropriate,	4590
moneys in the federal-military jobs fund. This chapter does not	4591
authorize the commission to incur bonded indebtedness of the state	4592
or any political subdivision thereof, or to obligate or pledge	4593
moneys raised by taxation for the payment of any guarantees made	4594
pursuant to this chapter.	4595

(D) Government agencies of the state shall cooperate with and	4596
provide assistance to the commission and the controlling board in	4597
the exercise of their respective functions under this chapter.	4598

Sec. 193.07. There is hereby created in the state treasury	4599
the federal-military jobs fund. The fund shall consist of moneys	4600
appropriated to it by the general assembly.	4601

Sec. 193.09. Not later than the first day of April in 2015,	4602
the federal-military jobs commission shall submit a report to the	4603
governor, the president and minority leader of the senate, and the	4604
speaker and minority leader of the house of representatives that	4605
outlines the commission's activities for the preceding year,	4606
including findings and evaluations under divisions (A)(1) to (6)	4607
of section 193.05 of the Revised Code.	4608

Sec. 306.04. (A) Except as otherwise provided in division	4609
(B) of this section, employees of a county transit board or a	4610
board of county commissioners operating a transit system are	4611
employees of the county. If the system is operated by the board of	4612
county commissioners, the board shall appoint an executive	4613
director, who shall be in the unclassified service.	4614

(B) Any county transit board that established its own civil	4615
service organization and procedure prior to October 25, 1995,	4616
shall continue to operate under that organization. Appointments	4617
and promotions in that system shall be made, as far as	4618
practicable, by competitive examination.	4619

A board that established its own civil service organization	4620
prior to October 25, 1995, shall establish by rule the seniority	4621
provisions relating to street railway and motor bus employees in	4622
effect at the time of the acquisition of the transit system by the	4623
county. The vacation, holiday, and sick leave privileges shall not	4624
be regulated by other provisions of law relating to public	4625
employees of the state or county, except that the transit board,	4626
its officers and employees, shall be subject to the public	4627
employees retirement system of the state and the transit board	4628
shall assume any pension obligations which have been assumed by	4629
any publicly owned transit system which the county may acquire.	4630

(C) A county transit board or board of county commissioners	4631
operating a transit system may:	4632

(1) Acquire in its name by gift, grant, purchase, or	4633
condemnation and hold and operate real estate and interests	4634
therein and personal property suitable for its purposes;	4635

(2) In its name purchase, acquire, construct, enlarge,	4636
improve, equip, repair, maintain, sell, exchange, lease as lessee	4637
or lessor, receive a right of use of, and manage, control, and	4638
operate, in or out of the county, a county transit system	4639
consisting of all real estate and interests therein, personal	4640
property, and a combination thereof, for or related to the	4641
movement of persons including but not limited to street railway,	4642
tramline, subways, rapid transits, monorails, and passenger bus	4643
systems but excluding therefrom trucks, the movement of property	4644
by truck, and facilities designed for use in the movement of	4645
property by truck for hire;	4646

(3) Issue, with the approval of the county commissioners when	4647
the issuance is made by the transit board, revenue bonds of the	4648
county as provided in division (B) of section 306.09 of the	4649
Revised Code, to secure funds to accomplish its purposes. The	4650
principal of and interest on such bonds, together with all other	4651
payments required to be made by the trust agreement or indenture	4652
securing such bonds, shall be paid solely from revenues or other	4653
income accruing to the board from facilities of the county transit	4654
system designated in said agreement or indenture.	4655

(4) Enter into contracts in the exercise of the rights,	4656
powers, and duties conferred upon it, and execute all instruments	4657
necessary in the conduct of its business;	4658

(5) Fix, alter, and charge rates and other charges for the	4659
use of its real estate and interests therein, personal property,	4660
and combinations thereof;	4661

(6) Employ such financial consultants, accountants,	4662
appraisers, consulting engineers, architects, construction	4663
experts, attorneys-at-law, managers and other supervisory	4664
personnel, and other officers, employees, and agents as it	4665
determines necessary to conduct its business, and fix their	4666
compensation and duties;	4667

(7) Pledge, hypothecate, or otherwise encumber its revenues	4668
and other income as security for its obligations and enter into	4669
trust agreements or indentures for the benefit of revenue	4670
bondholders;	4671

(8) Borrow money or accept or contract to accept advances,	4672
loans, gifts, grants, devises, or bequests from and enter into	4673
contracts or agreements with any federal, state, or other	4674
governmental or private source and hold and apply advances, loans,	4675
gifts, grants, devises, or bequests according to the terms thereof	4676
including provisions which are required by such federal, state, or	4677
other governmental or private source to protect the interest of	4678
employees affected by such advances, loans, gifts, grants,	4679
devises, or bequests. Such advances, loans, gifts, grants, or	4680
devises may be subject to any reasonable reservation and any gift,	4681
grant, or devise or real estate may be in fee simple or any lesser	4682
estate. Any advances or loans received from any federal, state, or	4683
other governmental or private source may be repaid in accordance	4684
with the terms of such advance or loan. A loan accepted by a	4685
county transit board shall not, in any way, obligate the general	4686
fund of a county or a board of county commissioners.	4687

(9) Conduct investigations and surveys into the needs of the	4688
public within or without the county for transportation services to	4689
provide for the movement of persons within, into, or from the area	4690
serviced or to be serviced by the county transit system;	4691

(10) Enter into lawful arrangements with the appropriate	4692
federal or state department or agency, county, township, municipal	4693
corporation, or other political subdivision or public agency for	4694
the planning and installation of any public facilities which are	4695
determined necessary in the conduct of its business;	4696

(11) Purchase fire, extended coverage, and liability	4697
insurance for the real estate and interests therein, personal	4698
property and any combination thereof, used by or in connection	4699
with the county transit system and insurance covering the board	4700
and the county transit system and its officers and employees for	4701
liability for damage or injury to persons or property;	4702

(12) Procure and pay all or any part of the cost of group	4703
hospitalization, surgical, major medical, or sickness and accident	4704
insurance, or a combination thereof, for the officers and	4705
employees of the county transit system and their immediate	4706
dependents, issued by an insurance company, duly authorized to do	4707
business in this state;	4708

(13) Sell, lease, release, or otherwise dispose of real	4709
estate or interests therein or personal property owned by it and	4710
grant such easements across its real estate and interests therein	4711
as will not interfere with its use by the county transit system;	4712

(14) Establish rules for the use and operation of the county	4713
transit system including the real estate or interests therein,	4714
personal property or a combination of the foregoing used by or in	4715
connection with such system;	4716

(15) Exercise the power of eminent domain to appropriate any	4717
real estate or interests therein, personal property, franchises,	4718
or any combination thereof, within or without the county,	4719
necessary or proper in the exercise of its powers provided in	4720
sections 306.01 to 306.13 of the Revised Code, as provided in	4721
sections 163.01 to 163.22 of the Revised Code, and subject to	4722
divisions (15)(a), (b), and (c) of this section, provided that a	4723
county transit board or a board of county commissioners operating	4724
a transit system shall not proceed to so appropriate real property	4725
outside its territorial boundaries, until it has served at the	4726
office of the county commissioners of the county in which it is	4727
proposed to appropriate real property, a notice describing the	4728
real property to be taken and the purpose for which it is proposed	4729
to be taken, and such county commissioners have entered on their	4730
journal within thirty days after such service a resolution	4731
approving such appropriation;.	4732

(a) Nothing contained in this division authorizes a county	4733
transit board or a board of county commissioners to appropriate	4734
any land, rights, rights-of-way, franchises, or easements	4735
belonging to the state or to a municipal corporation without the	4736
consent of the state or of the municipal corporation, and no	4737
county transit board or board of county commissioners shall	4738
exercise the right of eminent domain to acquire any certificate of	4739
public convenience and necessity, or any part thereof, issued to a	4740
for-hire motor carrier by the public utilities commission of Ohio	4741
or by the federal motor carrier safety administration of the	4742
United States, or to take or disturb other real estate or	4743
interests therein, personal property, or any combination thereof	4744
belonging to any municipal corporation without the consent of the	4745
legislative authority of such municipal corporation, or take or	4746
disturb real estate or interests therein, personal property, or	4747
any combination thereof belonging to any other political	4748
subdivision, public corporation, public utility, or common	4749
carrier, which is necessary and convenient in the operation of	4750
such political subdivision, public corporation, public utility, or	4751
common carrier unless provision is made for the restoration,	4752
relocation, or duplication of that taken or upon the election of	4753
such political subdivision, public corporation, public utility, or	4754
common carrier for the payment of compensation, if any, at the	4755
sole cost of the county transit system.	4756

(b) If any restoration or duplication proposed to be made	4757
under this division involves a relocation, the new location shall	4758
have at least comparable utilitarian value and effectiveness, and	4759
such relocation shall not impair the ability of the public utility	4760
or common carrier to compete in its original area of operation.	4761

(c) If such restoration or duplication proposed to be made	4762
under this division involves a relocation, the county transit	4763
board or board of county commissioners shall acquire no interest	4764
or right in or to the appropriated property or facility until the	4765
relocated property or facility is available for use and until	4766
marketable title thereto has been transferred to the political	4767
subdivision, public corporation, public utility, or common	4768
carrier. Nothing in this division shall require any board of	4769
county commissioners or county transit board operating a county	4770
transit system to so restore, relocate, or duplicate, if all of	4771
the real estate and interests therein, personal property, and any	4772
combination of the foregoing which is owned by a public utility or	4773
common carrier and used by it or in connection with the movement	4774
of persons, is acquired by exercise of the power of eminent	4775
domain.	4776

(16) When real property is acquired that is located outside	4777
the county and is removed from the tax duplicate, the county	4778
transit board or board of county commissioners operating a transit	4779
system shall pay annually to the county treasurer of the county in	4780
which that property is located, commencing with the first tax year	4781
in which that property is removed from the tax duplicate, an	4782
amount of money in lieu of taxes equal to the smaller of the	4783
following:	4784

(a) The last annual installment of taxes due from the	4785
acquired property before removal from the tax duplicate;	4786

(b) An amount equal to the difference between the combined	4787
revenue from real estate taxes of all the taxing districts in	4788
which the property is located in the tax year immediately prior to	4789
the removal of the acquired property from the tax duplicate, and	4790
either:	4791

(i) The total revenue which would be produced by the tax rate	4792
of each such taxing district in the tax year immediately prior to	4793
the removal of the acquired property from the tax duplicate,	4794
applied to the real estate tax duplicate of each of such taxing	4795
districts in each tax year subsequent to the year of removal; or	4796

(ii) The combined revenue from real estate taxes of all such	4797
taxing districts in each tax year subsequent to the year of	4798
removal, whichever is the greater.	4799

The county transit board or board of county commissioners may	4800
be exempted from such payment by agreement of the affected taxing	4801
district or districts in the county in which the property is	4802
located.	4803

The county auditor of the county in which that property is	4804
located shall apportion each such annual payment to each taxing	4805
district as if the annual payment had been levied and collected as	4806
a tax.	4807

Those annual payments shall never again be made after they	4808
have ceased.	4809

(17) Sue or be sued, plead or be impleaded, and be held	4810
liable in any court of proper jurisdiction for damages received by	4811
reason of negligence, in the same manner and to the same extent as	4812
if the county transit system were privately operated, provided,	4813
that no funds of a county other than those of the county transit	4814
board or, if the transit system is operated by the board of county	4815
commissioners, other than those in the account for the county	4816
transit system created under division (C) of section 306.01 of the	4817
Revised Code, shall be available for the satisfaction of judgments	4818
rendered against that system;	4819

(18) Annually prepare and make available for public	4820
inspection a report in condensed form showing the financial	4821
results of the operation of the county transit system. For systems	4822
operated by a county transit board, copies of this report shall be	4823
furnished to the county commissioners as well as a monthly summary	4824
statement of revenues and expenses for the preceding month	4825
sufficient to show the exact financial condition of the county	4826
transit system as of the last day of the preceding month.	4827

(19) With the approval of the county commissioners when the	4828
action is taken by the transit board, and without competitive	4829
bidding, sell, lease, or grant the right of use of all or a	4830
portion of the county transit system to any other political	4831
subdivision, taxing district, or other public body or agency	4832
having the power to operate a transit system;	4833

~~(20) Enter into and supervise franchise agreements for the~~	4834
~~operation of a county transit system;~~	4835

~~(21) Accept the assignment of and then supervise an existing~~	4836
~~franchise agreement for the operation of a county transit system~~.	4837

(D)(1) As used in this division:

4838

(a) "Applicant" means any person who responds to a request	4839
for proposals and submits an application for a franchise to	4840
operate a public transit system or portion of a public transit	4841
system;	4842

(b) "Application for certification" means the documents that	4843
are required to be filed by a franchisee to initiate the	4844
proceedings required for certification;	4845

(c) "Application for a franchise" means the documents that	4846
are required to be filed in response to a request for proposals	4847
and that initiate the proceedings required for the award of a	4848
franchise;	4849

(d) "Certification" means the order issued by a board of	4850
county commissioners, after submission of an application for	4851
certification, that approves the operation of a public transit	4852
system, or a portion of a public transit system, by a franchisee,	4853
subject to terms and conditions imposed by the board.	4854

(e) "Franchise" means the document and all accompanying	4855
rights approved by the board of county commissioners that provides	4856
the franchisee with the exclusive right to establish a public	4857
transit system and, subject to certification, the right to operate	4858
a public transit system. A franchise may include the right of a	4859
franchisee to provide transportation services for a county	4860
department of job and family services.	4861

(f) "Franchisee" means the individual, corporation, or other	4862
entity awarded a franchise.	4863

(2) A board of county commissioners, on behalf of a county	4864
transit board, may award a franchise to an applicant subject to	4865
such terms and conditions as the board of county commissioners	4866
considers appropriate and consistent with applicable laws.	4867
Subsequent to awarding the franchise, the board of county	4868
commissioners may issue a certification and, until such issuance,	4869
the franchisee has no right to operate a public transit system or	4870
part of such a system. The board of county commissioners shall not	4871
delete, alter, or amend the terms and conditions of the	4872
certification after its issuance. The board shall include in the	4873
certification performance targets related to the operation of a	4874
public transit system by the franchisee, including cost savings to	4875
the county, gains in efficiency, the safety and security of the	4876
traveling public and franchise employees, service to the traveling	4877
public, return on any investments made by the county, and any	4878
other performance targets as determined by the board. All terms	4879
and conditions of the order of certification are terms and	4880
conditions of the franchise. Unless expressly exempted or granted	4881
a waiver in the certification, the franchisee shall comply with	4882
all applicable rules, regulations, orders, and ordinances.	4883

(3) The award of a franchise by a board of county	4884
commissioners to an applicant is the sole license and authority	4885
for the franchisee to establish a public transit system and,	4886
subject to certification, operate a public transit system.	4887

(4) A board of county commissioners shall award a franchise	4888
for a period of not less than ten years, as provided in the	4889
franchise.	4890

(5) A franchise shall not prohibit the franchisee from	4891
implementing new or improved services during the term of the	4892
franchise.	4893

(6) A franchisee shall coordinate its services, as specified	4894
in the franchise, with public transit providers to make effective	4895
transportation services available to the public and provide access	4896
to and from the public transit system.	4897

(7) A board of county commissioners shall provide terms and	4898
conditions in a franchise to ensure that the franchisee will	4899
continue operation of the public transit system for the duration	4900
of the term of the franchise or, if the franchise is revoked,	4901
suspended, or abandoned, that financial and other necessary	4902
resources are available to continue the operation of the system	4903
until another franchisee is selected or until the board of county	4904
commissioners determines to cease the transit operations governed	4905
by the franchise. The franchise shall specifically provide that	4906
the board shall have the right to terminate the franchise if the	4907
board determines that the franchisee has materially breached the	4908
franchise in any manner. The franchisee may appeal such a	4909
termination to the board, and, if the board upholds the	4910
termination, to the proper court of common pleas.	4911

Sec. 306.14. (A) If a board of county commissioners awards a	4912
franchise to a franchisee on behalf of a county transit board, the	4913
county transit board shall submit an annual written report to the	4914
board of county commissioners not later than a date designated by	4915
the board of county commissioners and in a form prescribed by that	4916
board. The board of county commissioners shall make the report	4917
available on the general web site of the county. The county	4918
transit board shall include in the report a description in detail	4919
of the effects the franchise agreement had during the prior year	4920
on all of the following as they relate to the operation of a	4921
public transit system by the franchisee in that county:	4922

(1) Cost savings to the county;

4923

(2) Efficiency;

4924

(3) Safety and security of the traveling public and franchise	4925
employees;	4926

(4) Service to the traveling public;

4927

(5) Return on investment by the county;

4928

(6) Any other aspects the board of county commissioners	4929
determines should be included in the report.	4930

(B) A franchisee that is awarded a franchise by a board of	4931
county commissioners on behalf of a county transit board shall	4932
submit an annual written report to the board of county	4933
commissioners or county transit board not later than a date	4934
designated by the board of county commissioners and in a form	4935
prescribed by that board. The board of county commissioners also	4936
shall direct the franchisee to submit the report to the board of	4937
county commissioners, the county transit board, or both. The board	4938
of county commissioners shall establish the issues to be addressed	4939
in the report with respect to the public transit system that the	4940
franchisee operated during the prior year. The board of county	4941
commissioners shall make the report available on the general web	4942
site of the county.	4943

(C) A board of county commissioners that awards a franchise	4944
to a franchisee on behalf of a county transit board shall conduct	4945
an annual review of the performance of the franchisee. The board	4946
of county commissioners shall include in the review a	4947
determination of the number of performance targets the franchisee	4948
met during the prior year and an evaluation of the franchisee's	4949
compliance with the other terms and conditions of the franchise,	4950
including any breaches of the franchise by the franchisee. The	4951
board shall issue a written report, and shall make the report	4952
available on the general web site of the county.	4953

Sec. 307.678. (A) As used in this section:

4954

(1) "Stadium" means an open-air structure designed and	4955
developed to provide a venue for public entertainment, cultural	4956
activities and recreation, or any combination thereof, including	4957
concerts, athletic and sporting events, and other events and	4958
exhibitions, together with concession, locker room, parking,	4959
restroom, and storage facilities, walkways, and other auxiliary	4960
facilities, whether included within or separate from the	4961
structure, and all real and personal property and interests	4962
therein related to the use of the structure for those purposes.	4963

(2) "Bureau" means a nonprofit corporation that is organized	4964
under the laws of this state that is, or has among its functions	4965
acting as, a convention and visitors' bureau, and that currently	4966
receives revenue from existing lodging taxes.	4967

(3) "Cooperating parties" means the parties to a cooperative	4968
agreement.	4969

(4) "Cooperative agreement" means an agreement entered into	4970
pursuant to division (B) of this section.	4971

(5) "Corporation" means a nonprofit corporation that is	4972
organized under the laws of this state and has corporate authority	4973
under its organizational instruments to acquire, construct,	4974
reconstruct, equip, finance, furnish, otherwise improve, own,	4975
lease, or operate a stadium.	4976

(6) "Debt charges" has the same meaning as in section 133.01	4977
of the Revised Code, except that "obligations" shall be	4978
substituted for "securities" wherever "securities" appears in that	4979
section.	4980

(7) "Eligible county" means a county having a population of	4981
at least three hundred seventy-five thousand, but not more than	4982
four hundred thousand, according to the most recent federal	4983
decennial census.	4984

(8) "Existing lodging taxes" means taxes levied by a board of	4985
county commissioners of an eligible county under division (A) of	4986
section 5739.09 of the Revised Code.	4987

(9) "Financing costs" means all costs and expenses relating	4988
to the authorization, including any required election, issuance,	4989
sale, delivery, authentication, deposit, custody, clearing,	4990
registration, transfer, exchange, fractionalization, replacement,	4991
payment, and servicing, of obligations, including, without	4992
limitation, costs and expenses for or relating to publication and	4993
printing, postage, delivery, preliminary and final official	4994
statements, offering circulars, and informational statements,	4995
travel and transportation, underwriters, placement agents,	4996
investment bankers, paying agents, registrars, authenticating	4997
agents, remarketing agents, custodians, clearing agencies or	4998
corporations, securities depositories, financial advisory	4999
services, certifications, audits, federal or state regulatory	5000
agencies, accounting and computation services, legal services and	5001
obtaining approving legal opinions and other legal opinions,	5002
credit ratings, redemption premiums, and credit enhancement	5003
facilities. Financing costs may be paid from any money available	5004
for the purpose, including, unless otherwise provided in the	5005
proceedings, from the proceeds of the obligations to which they	5006
relate and, as to future financing costs, from the same sources	5007
from which debt charges on the obligations are paid and as though	5008
debt charges.	5009

(10) "Host municipal corporation" means a municipal	5010
corporation, having a population of at least seventy thousand but	5011
not more than eighty thousand according to the most recent federal	5012
decennial census, within the boundaries of which a stadium is	5013
located.	5014

(11) "Host school district" means the school district within	5015
the boundaries of which a stadium is located.	5016

(12) "Issuer" means any issuer, as defined in section 133.01	5017
of the Revised Code, and any corporation.	5018

(13) "Obligations" means obligations that are issued or	5019
incurred by an issuer pursuant to Chapter 133. or 4582. of the	5020
Revised Code, or otherwise, for the purpose of funding or paying,	5021
or reimbursing persons for the funding or payment of, project	5022
costs, and that evidence the issuer's obligation to repay borrowed	5023
money, including interest thereon, or to pay other money	5024
obligations of the issuer at any future time, including, without	5025
limitation, bonds, notes, anticipatory securities as defined in	5026
section 133.01 of the Revised Code, certificates of indebtedness,	5027
commercial paper, or installment sale, lease, lease-purchase, or	5028
similar agreements.	5029

(14) "Port authority" means a port authority created under	5030
Chapter 4582. of the Revised Code.	5031

(15) "Project" means acquiring, constructing, reconstructing,	5032
rehabilitating, remodeling, renovating, enlarging, equipping,	5033
furnishing, or otherwise improving a stadium or any component or	5034
element thereof.	5035

(16) "Project cost" means the cost of acquiring,	5036
constructing, reconstructing, rehabilitating, remodeling,	5037
renovating, enlarging, equipping, financing, refinancing,	5038
furnishing, or otherwise improving a project, including, without	5039
limitation, financing costs; the cost of architectural,	5040
engineering, and other professional services, designs, plans,	5041
specifications, surveys, and estimates of costs; financing or	5042
refinancing obligations issued by, or reimbursing money advanced	5043
by, any cooperating party or any other person, where the proceeds	5044
of the obligations or money advanced was used to pay any other	5045
cost described in this division; inspections and testing; any	5046
indemnity or surety bond or premium related to insurance	5047
pertaining to development of the project; all related direct and	5048
indirect administrative costs; fees and expenses of trustees,	5049
escrow agents, depositories, and paying agents for any	5050
obligations; interest on obligations during the planning, design,	5051
and development of a project and for up to eighteen months	5052
thereafter; funding of reserves for the payment of debt charges on	5053
any obligations; and all other expenses necessary or incident to	5054
planning, or determining the feasibility or practicability of, a	5055
project, including, without limitation, advocating the enactment	5056
of legislation to facilitate the development and financing of a	5057
project.	5058

(B) On or before December 31, 2015, the board of county	5059
commissioners of an eligible county, a host municipal corporation,	5060
the board of education of a host school district, a port	5061
authority, a bureau, and a corporation, or any combination	5062
thereof, may enter into a cooperative agreement under which:	5063

(1) The board of county commissioners and the bureau agree to	5064
make available to a cooperating party or any other person proceeds	5065
of an existing lodging tax, not to exceed five hundred thousand	5066
dollars each year, to pay project costs or debt charges on	5067
obligations issued by a cooperating party to fund, finance, or	5068
refinance the payment of project costs;	5069

(2) The cooperating parties agree, subject to any conditions	5070
or limitations provided in the cooperative agreement, to each of	5071
the following:	5072

(a) The conveyance, grant, or transfer to a cooperating party	5073
or any other person of ownership of, property interests in, and	5074
rights to use a stadium, either as the stadium exists at the time	5075
of the agreement or as it may be improved by a project;	5076

(b) The respective responsibilities of each cooperating party	5077
for the management, operation, maintenance, repair, and	5078
replacement of a stadium, including any project undertaken with	5079
respect to the stadium, which may include authorization for a	5080
cooperating party to contract with any other person for any such	5081
purpose;	5082

(c) The respective responsibilities of each cooperating party	5083
for the development and financing of a project, including, without	5084
limitation, the cooperating party or parties that shall be	5085
responsible for contracting for the development of a project and	5086
administering contracts into which the party or parties enter into	5087
for that purpose;	5088

(d) The respective responsibilities of each cooperating party	5089
to provide money, whether by issuing obligations or otherwise, for	5090
the funding, payment, financing, or refinancing, or reimbursement	5091
to a cooperating party or other person for the funding, payment,	5092
financing, or refinancing, of project costs;	5093

(e) The respective responsibilities of each cooperating	5094
party, or any other person, to provide money or other security for	5095
the payment of debt charges on obligations.	5096

(C) Any conveyance, grant, or transfer of ownership of,	5097
property interests in, or rights to use a stadium, and any	5098
contract for the development, management, operation, maintenance,	5099
repair, or replacement of a stadium, including any project	5100
undertaken with respect to an existing stadium, that is	5101
contemplated by a cooperative agreement may be made or entered	5102
into by a cooperating party, in such manner and upon such terms as	5103
the cooperating parties may agree, without any requirement of	5104
bidding and without regard to ownership of the stadium,	5105
notwithstanding any other provision of law that may otherwise	5106
apply. A project constitutes a "port authority facility" within	5107
the meaning of division (D) of section 4582.01 and division (E) of	5108
section 4582.21 of the Revised Code and shall be considered a	5109
permanent improvement for one purpose under Chapter 133. of the	5110
Revised Code.	5111

(D) Notwithstanding any other provision of law, and after	5112
deducting the real and actual costs of administering an existing	5113
lodging tax and any portion of such tax required to be returned to	5114
any municipal corporation or township as provided in division	5115
(A)(1) of section 5739.09 of the Revised Code, the board of county	5116
commissioners of an eligible county and a bureau may agree to make	5117
available, and a cooperating party or other person may use,	5118
proceeds of an existing lodging tax for the funding or payment of	5119
project costs, including, without limitation, the payment of debt	5120
charges on obligations. Either the board or the bureau, or both,	5121
may pledge proceeds of an existing lodging tax to the payment of	5122
debt charges on obligations. The total amount of existing lodging	5123
tax proceeds made available for such use or so pledged each year	5124
shall not exceed five hundred thousand dollars. The lien of any	5125
such pledge shall be effective against all persons when it is	5126
made, without the requirement for the filing of any notice, and	5127
any proceeds of an existing lodging tax so pledged and required to	5128
be used to pay debt charges on obligations shall be paid by the	5129
county or bureau at the times, in the amounts, and to such payee,	5130
including, without limitation, a corporate trustee or paying	5131
agent, required for such obligations. The board of county	5132
commissioners may amend any previously adopted resolution	5133
providing for the levy of an existing lodging tax to permit the	5134
use of the proceeds of the existing lodging tax as provided in	5135
this division.	5136

(E) A board of county commissioners shall not repeal,	5137
rescind, or reduce the levy of an existing lodging tax to the	5138
extent its proceeds are pledged to the payment of debt charges on	5139
obligations, and any such lodging tax shall not be subject to	5140
repeal, rescission, or reduction by initiative, referendum, or	5141
subsequent enactment of legislation by the general assembly, so	5142
long as there remain outstanding any obligations as to which the	5143
payment of debt charges is secured by a pledge of the existing	5144
lodging tax.	5145

(F) A pledge of the proceeds of an existing lodging tax under	5146
division (D) of this section shall not constitute indebtedness of	5147
the eligible county for the purposes of Chapter 133. of the	5148
Revised Code.	5149

(G) The authority provided by this section is supplemental	5150
to, and is not intended to limit in any way, any legal authority	5151
that a cooperating party may have under any other provision of	5152
law.	5153

Sec. 307.6910. (A) A new nonprofit corporation shall be	5154
organized under the laws of this state for the purpose of	5155
operating a veterans memorial and museum to be located within the	5156
city of Columbus at the site described in division (B) of this	5157
section.	5158

(B) The site of the veterans memorial and museum, shall be	5159
constructed on the following parcel of real property owned in fee	5160
simple by the board of county commissioners of Franklin county:	5161

That property located at 300 West Broad Street, Columbus,	5162
Ohio, generally lying north of Broad Street, south of the	5163
right-of-way line of Norfolk and Southern Railway, west of the	5164
Scioto River and its floodwall, and east of the east line of Belle	5165
Street if the same extended north of Broad Street to the railroad	5166
right-of-way.	5167

(C) The bylaws of the new nonprofit corporation shall provide	5168
for the board of directors to consist of fifteen members. The	5169
appointments to the board of directors shall be made in accordance	5170
with the articles of incorporation and bylaws of the nonprofit	5171
corporation. All appointments to the board of directors shall	5172
satisfy any qualifications set forth in the nonprofit	5173
corporation's bylaws. A majority of the members of the board of	5174
directors appointed by each appointing entity shall be veterans of	5175
the armed forces of the United States. The appointments shall be	5176
made as follows:	5177

(1) The board of county commissioners of Franklin county	5178
shall appoint five members.	5179

(2) The articles of incorporation shall provide for the	5180
remaining appointments, not to exceed ten, the majority of whom	5181
shall be veterans of the armed forces of the United States.	5182

(D) All meetings and records of the new nonprofit corporation	5183
shall be conducted and maintained in accordance with the sunshine	5184
laws of this state, including, but not limited to, sections 121.22	5185
and 149.43 of the Revised Code.	5186

(E) The board of county commissioners of Franklin county may	5187
lease the site described in division (B) of this section together	5188
with any adjacent property, without engaging in competitive	5189
bidding, to an Ohio nonprofit corporation for the construction,	5190
development, and operation of the veterans memorial and museum. A	5191
board of county commissioners may appropriate funds to either the	5192
nonprofit corporation established as provided in this section or	5193
the nonprofit corporation with which the county has leased the	5194
property for permanent improvements and operating expenses of the	5195
veterans memorial and museum.	5196

Sec. 307.863. (A) Notwithstanding section 307.86 of the	5197
Revised Code, a board of county commissioners that awards a	5198
franchise to a franchisee on behalf of a county transit board	5199
pursuant to section 306.04 of the Revised Code to operate a public	5200
transit system shall award the franchise through competitive	5201
bidding as prescribed in this section. The board shall solicit	5202
bids that are not sealed, and shall ensure that all bids the board	5203
receives are open for public inspection. The board shall consider	5204
all bids that are timely received.	5205

(B) The fact that a bid proposes to be the most beneficial to	5206
the county monetarily in and of itself does not confer best bid	5207
status on that bid.	5208

(C) In awarding a franchise to a bidder to operate a public	5209
transit system, the board may consider all of the following:	5210

(1) The proposed monetary benefit to the county;

5211

(2) The bidder's ownership of, or access to, transportation	5212
facilities or transportation equipment such as vehicles, automated	5213
transit systems, or any other applicable equipment;	5214

(3) The bidder's experience in operating public transit	5215
systems;	5216

(4) If the bidder has experience in operating public transit	5217
systems, the record of the bidder in relation to all aspects of	5218
operating a public transit system, including cost savings to a	5219
political subdivision, gains in efficiency, the safety and	5220
security of the traveling public and employees, service to the	5221
traveling public, return on any investments made by a political	5222
subdivision, and any other aspects the board includes for	5223
consideration.	5224

Sec. 307.982. (A) To the extent permitted by federal law,	5225
including subpart F of 5 C.F.R. part 900, and subject to any	5226
limitations established by the Revised Code, including division	5227
(B) of this section, a board of county commissioners may enter	5228
into a written contract with a private or government entity,	5229
including a public or private college or university, for the	5230
entity to perform a family services duty or workforce development	5231
activity on behalf of a county family services agency or workforce	5232
development agency. The entity with which a board contracts is not	5233
required to be located in the county the board serves.	5234

A family services duty or workforce development activity	5235
includes transportation services provided by a county transit	5236
board. A board of county commissioners may delegate to a county	5237
transit board the authority to solicit bids and award and execute	5238
contracts for such transportation services on behalf of the board	5239
of county commissioners.	5240

(B) A board of county commissioners may not enter into a	5241
contract under division (A) of this section regarding a family	5242
services duty of a public children services agency if a county	5243
children services board appointed under section 5153.03 of the	5244
Revised Code serves as the public children services agency for the	5245
county. The county children services board may enter into	5246
contracts regarding its duties in accordance with division (C)(2)	5247
of section 5153.16 of the Revised Code.	5248

Sec. 340.01. (A) As used in this chapter~~, "addiction,"~~:

5249

(1) "Addiction," "addiction services," "alcohol and drug	5250
addiction services," "community addiction services provider,"	5251
"community mental health services provider," "drug addiction,"	5252
"gambling addiction services," "mental health services," and	5253
"mental illness" have the same meanings as in section 5119.01 of	5254
the Revised Code.	5255

(2) "Medication-assisted treatment" means alcohol and drug	5256
addiction services that are accompanied by medication approved by	5257
the United States food and drug administration for the treatment	5258
of drug addiction, prevention of relapse of drug addiction, or	5259
both.	5260

(3) "Recovery housing" means housing for individuals	5261
recovering from drug addiction that provides an alcohol and	5262
drug-free living environment, peer support, assistance with	5263
obtaining drug addiction services, and other drug addiction	5264
recovery assistance.	5265

(B) An alcohol, drug addiction, and mental health service	5266
district shall be established in any county or combination of	5267
counties having a population of at least fifty thousand to provide	5268
addiction services and mental health services. With the approval	5269
of the director of mental health and addiction services, any	5270
county or combination of counties having a population of less than	5271
fifty thousand may establish such a district. Districts comprising	5272
more than one county shall be known as joint-county districts.	5273

The board of county commissioners of any county participating	5274
in a joint-county district may submit a resolution requesting	5275
withdrawal from the district together with a comprehensive plan or	5276
plans that are in compliance with rules adopted by the director of	5277
mental health and addiction services under section 5119.22 of the	5278
Revised Code, and that provide for the equitable adjustment and	5279
division of all services, assets, property, debts, and	5280
obligations, if any, of the joint-county district to the board of	5281
alcohol, drug addiction, and mental health services, to the boards	5282
of county commissioners of each county in the district, and to the	5283
~~directors~~director. No county participating in a joint-county	5284
service district may withdraw from the district without the	5285
consent of the director of mental health and addiction services	5286
nor earlier than one year after the submission of such resolution	5287
unless all of the participating counties agree to an earlier	5288
withdrawal. Any county withdrawing from a joint-county district	5289
shall continue to have levied against its tax list and duplicate	5290
any tax levied by the district during the period in which the	5291
county was a member of the district until such time as the levy	5292
expires or is renewed or replaced.	5293

Sec. 340.02. (A) For each alcohol, drug addiction, and	5294
mental health service district, there shall be appointed a board	5295
of alcohol, drug addiction, and mental health services consisting	5296
of eighteen members or fourteen members. Should the board of	5297
alcohol, drug addiction, and mental health services elect to	5298
remain at eighteen members, as provided under section 340.02 of	5299
the Revised Code as it existed immediately prior to the date of	5300
this amendment, the board of alcohol, drug addiction, and mental	5301
health services and the board of county commissioners shall not be	5302
required to take any action. Should the board of alcohol, drug	5303
addiction, and mental health services elect a recommendation to	5304
become a fourteen-member board, that recommendation must be	5305
approved by the board of county commissioners of the county in	5306
which the alcohol, drug addiction, and mental health district is	5307
located in order for the transition to a fourteen-member board to	5308
occur. Not later than September 30, 2013, each board of alcohol,	5309
drug addiction, and mental health services wishing to become a	5310
fourteen-member board shall notify the board of county	5311
commissioners of that recommendation. Failure of the board of	5312
county commissioners to take action within thirty days after	5313
receipt of the recommendation shall be deemed agreement by the	5314
board of county commissioners to transition to a fourteen-member	5315
board of alcohol, drug addiction, and mental health services.	5316
Should the board of county commissioners reject the	5317
recommendation, the board of county commissioners shall adopt a	5318
resolution stating that rejection within thirty days after receipt	5319
of the recommendation. Upon adoption of the resolution, the board	5320
of county commissioners shall meet with the board of alcohol, drug	5321
addiction, and mental health services to discuss the matter. After	5322
the meeting, the board of county commissioners shall notify the	5323
department of mental health and addiction services of its election	5324
not later than January 1, 2014. In a joint-county district, a	5325
majority of the boards of county commissioners must not reject the	5326
recommendation of a joint-county board to become a fourteen-member	5327
board in order for the transition to a fourteen-member board to	5328
occur. Should the joint-county district have an even number of	5329
counties, and the boards of county commissioners of these counties	5330
tie in terms of whether or not to accept the recommendation of the	5331
alcohol, drug addiction, and mental health services board, the	5332
recommendation of the alcohol, drug addiction, and mental health	5333
service board to become a fourteen-member board shall prevail. The	5334
election shall be final. Failure to provide notice of its election	5335
to the department on or before January 1, 2014, shall constitute	5336
an election to continue to operate as an eighteen-member board,	5337
which election shall also be final. If an existing board provides	5338
timely notice of its election to transition to operate as a	5339
fourteen-member board, the number of board members may decline	5340
from eighteen to fourteen by attrition as current members' terms	5341
expire. However, the composition of the board must reflect the	5342
requirements set forth in this section for fourteen-member boards.	5343
For all boards, half of the members shall be interested in mental	5344
health services and half of the members shall be interested in	5345
alcohol, drug, or gambling addiction services. All members shall	5346
be residents of the service district. The membership shall, as	5347
nearly as possible, reflect the composition of the population of	5348
the service district as to race and sex.	5349

(B) For boards operating as eighteen-member boards, the	5350
director of mental health and addiction services shall appoint	5351
eight members of the board and the board of county commissioners	5352
shall appoint ten members. For boards operating as fourteen-member	5353
boards, the director of mental health and addiction services shall	5354
appoint six members of the board and the board of county	5355
commissioners shall appoint eight members. In a joint-county	5356
district, the county commissioners of each participating county	5357
shall appoint members in as nearly as possible the same proportion	5358
as that county's population bears to the total population of the	5359
district, except that at least one member shall be appointed from	5360
each participating county.	5361

(C) The director of mental health and addiction services	5362
shall ensure that at least one member of the board is a clinician	5363
with experience in the delivery of mental health services, at	5364
least one member of the board is a person who has received or is	5365
receiving mental health services ~~paid for by public funds~~, at	5366
least one member of the board is a parent or other relative of	5367
such a person, at least one member of the board is a clinician	5368
with experience in the delivery of addiction services, at least	5369
one member of the board is a person who has received or is	5370
receiving addiction services ~~paid for by public funds~~, and at	5371
least one member of the board is a parent or other relative of	5372
such a person. A single member who meets both qualifications may	5373
fulfill the requirement for a clinician with experience in the	5374
delivery of mental health services and a clinician with experience	5375
in the delivery of addiction services.	5376

(D) No member or employee of a board of alcohol, drug	5377
addiction, and mental health services shall serve as a member of	5378
the board of any provider with which the board of alcohol, drug	5379
addiction, and mental health services has entered into a contract	5380
for the provision of services or facilities. No member of a board	5381
of alcohol, drug addiction, and mental health services shall be an	5382
employee of any provider with which the board has entered into a	5383
contract for the provision of services or facilities. No person	5384
shall be an employee of a board and such a provider unless the	5385
board and provider both agree in writing.	5386

(E) No person shall serve as a member of the board of	5387
alcohol, drug addiction, and mental health services whose spouse,	5388
child, parent, brother, sister, grandchild, stepparent, stepchild,	5389
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	5390
daughter-in-law, brother-in-law, or sister-in-law serves as a	5391
member of the board of any provider with which the board of	5392
alcohol, drug addiction, and mental health services has entered	5393
into a contract for the provision of services or facilities. No	5394
person shall serve as a member or employee of the board whose	5395
spouse, child, parent, brother, sister, stepparent, stepchild,	5396
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	5397
daughter-in-law, brother-in-law, or sister-in-law serves as a	5398
county commissioner of a county or counties in the alcohol, drug	5399
addiction, and mental health service district.	5400

(F) Each year each board member shall attend at least one	5401
inservice training session provided or approved by the department	5402
of mental health and addiction services.	5403

(G) For boards operating as eighteen-member boards, each	5404
member shall be appointed for a term of four years, commencing the	5405
first day of July, except that one-third of initial appointments	5406
to a newly established board, and to the extent possible to	5407
expanded boards, shall be for terms of two years, one-third of	5408
initial appointments shall be for terms of three years, and	5409
one-third of initial appointments shall be for terms of four	5410
years. For boards operating as fourteen-member boards, each member	5411
shall be appointed for a term of four years, commencing the first	5412
day of July, except that four of the initial appointments to a	5413
newly established board, and to the extent possible to expanded	5414
boards, shall be for terms of two years, five initial appointments	5415
shall be for terms of three years, and five initial appointments	5416
shall be for terms of four years. No member shall serve more than	5417
two consecutive four-year terms under the same appointing	5418
authority. A member may serve for three consecutive terms under	5419
the same appointing authority only if one of the terms is for less	5420
than two years. A member who has served two consecutive four-year	5421
terms or three consecutive terms totaling less than ten years is	5422
eligible for reappointment by the same appointing authority one	5423
year following the end of the second or third term, respectively.	5424

When a vacancy occurs, appointment for the expired or	5425
unexpired term shall be made in the same manner as an original	5426
appointment. The appointing authority shall be notified by	5427
certified mail of any vacancy and shall fill the vacancy within	5428
sixty days following that notice.	5429

Any member of the board may be removed from office by the	5430
appointing authority for neglect of duty, misconduct, or	5431
malfeasance in office, and shall be removed by the appointing	5432
authority if the member is barred by this section from serving as	5433
a board member. The member shall be informed in writing of the	5434
charges and afforded an opportunity for a hearing. Upon the	5435
absence of a member within one year from either four board	5436
meetings or from two board meetings without prior notice, the	5437
board shall notify the appointing authority, which may vacate the	5438
appointment and appoint another person to complete the member's	5439
term.	5440

Members of the board shall serve without compensation, but	5441
shall be reimbursed for actual and necessary expenses incurred in	5442
the performance of their official duties, as defined by rules of	5443
the department of mental health and addiction services.	5444

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	5445
health service district where the board of county commissioners	5446
has established an alcohol and drug addiction services board, the	5447
community mental health board established under former section	5448
340.02 of the Revised Code shall serve as the entity responsible	5449
for providing mental health services in the county. A community	5450
mental health board has all the powers, duties, and obligations of	5451
a board of alcohol, drug addiction, and mental health services	5452
with regard to mental health services. An alcohol and drug	5453
addiction services board has all the powers, duties, and	5454
obligations of a board of alcohol, drug addiction, and mental	5455
health services with regard to addiction services. Any provision	5456
of the Revised Code that refers to a board of alcohol, drug	5457
addiction, and mental health services with regard to mental health	5458
services also refers to a community mental health board and any	5459
provision that refers to a board of alcohol, drug addiction, and	5460
mental health services with regard to alcohol and drug addiction	5461
services also refers to an alcohol and drug addiction services	5462
board.	5463

An alcohol and drug addiction services board shall consist of	5464
eighteen members or fourteen members, at the election of the	5465
board. Not later than January 1, 2014, each alcohol and drug	5466
addiction services board shall notify the department of mental	5467
health and addiction services of its election to operate as an	5468
eighteen-member board or to operate as a fourteen-member board.	5469
The election shall be final. Failure to provide notice of its	5470
election to the department on or before January 1, 2014, shall	5471
constitute an election to continue to operate as an	5472
eighteen-member board. If an existing board provides timely notice	5473
of its election to operate as a fourteen-member board, the number	5474
of board members may decline from eighteen to fourteen by	5475
attrition as current members' terms expire. However, the	5476
composition of the board must reflect the requirements set forth	5477
in this section and in applicable provisions of section 340.02 of	5478
the Revised Code for fourteen-member boards. For boards operating	5479
as eighteen-member boards, six members shall be appointed by the	5480
director of mental health and addiction services and twelve	5481
members shall be appointed by the board of county commissioners.	5482
The director of mental health and addiction services shall ensure	5483
that at least one member of the board is a person who has received	5484
or is receiving services for alcohol, drug, or gambling addiction	5485
~~paid for with public funds~~, at least one member is a parent or	5486
relative of such a person, and at least one member is a clinician	5487
with experience in the delivery of addiction services. The	5488
membership of the board shall, as nearly as possible, reflect the	5489
composition of the population of the service district as to race	5490
and sex. Members shall be residents of the service district and	5491
shall be interested in alcohol, drug, or gambling addiction	5492
services. Requirements for membership, including prohibitions	5493
against certain family and business relationships, and terms of	5494
office shall be the same as those for members of boards of	5495
alcohol, drug addiction, and mental health services.	5496

A community mental health board shall consist of eighteen	5497
members or fourteen members, at the election of the board. Not	5498
later than January 1, 2014, each community mental health board	5499
shall notify the department of mental health and addiction	5500
services of its election to operate as an eighteen-member board or	5501
to operate as a fourteen-member board. The election shall be	5502
final. Failure to provide notice of its election to the department	5503
on or before January 1, 2014, shall constitute an election to	5504
continue to operate as an eighteen-member board. If an existing	5505
board provides timely notice of its election to operate as a	5506
fourteen-member board, the number of board members may decline	5507
from eighteen to fourteen by attrition as current members' terms	5508
expire. However, the composition of the board must reflect the	5509
requirements set forth in this section and in applicable	5510
provisions of section 340.02 of the Revised Code for	5511
fourteen-member boards. For boards operating as eighteen-member	5512
boards, six members shall be appointed by the director of mental	5513
health and addiction services and twelve members shall be	5514
appointed by the board of county commissioners. The director of	5515
mental health and addiction services shall ensure that at least	5516
one member of the board is a person who has received or is	5517
receiving mental health services ~~paid for with public funds~~, at	5518
least one member is a parent or relative of such a person, and at	5519
least one member is a clinician with experience in the delivery of	5520
mental health services. The membership of the board as nearly as	5521
possible shall reflect the composition of the population of the	5522
service district as to race and sex. Members shall be residents of	5523
the service district and shall be interested in mental health	5524
services. Requirements for membership, including prohibitions	5525
against certain family and business relationships, and terms of	5526
office shall be the same as those for members of boards of	5527
alcohol, drug addiction, and mental health services.	5528

(B)(1) If a board of county commissioners subject to division	5529
(A) of this section did not adopt a final resolution providing for	5530
a board of alcohol, drug addiction, and mental health services on	5531
or before July 1, 2007, the board of county commissioners may	5532
establish a board of alcohol, drug addiction, and mental health	5533
services on or after ~~the effective date of this amendment~~	5534
September 23, 2008. To establish the board, the board of county	5535
commissioners shall adopt a resolution providing for the board's	5536
establishment. The composition of the board, the procedures for	5537
appointing members, and all other matters related to the board and	5538
its members are subject to section 340.02 of the Revised Code,	5539
with the following exceptions:	5540

(a) For initial appointments to the board, the county's	5541
community mental health board and alcohol and drug addiction	5542
services board shall jointly recommend members of those boards for	5543
reappointment and shall submit the recommendations to the board of	5544
county commissioners and the director of mental health and	5545
addiction services.	5546

(b) To the greatest extent possible, the appointing	5547
authorities shall appoint the initial members from among the	5548
members jointly recommended under division (B)(1)(a) of this	5549
section.	5550

(2) If a board of alcohol, drug addiction, and mental health	5551
services is established pursuant to division (B)(1) of this	5552
section, the board has the same rights, privileges, immunities,	5553
powers, and duties that were possessed by the county's community	5554
mental health board and alcohol and drug addiction services board.	5555
When the board is established, all property and obligations of the	5556
community mental health board and alcohol and drug addiction	5557
services board shall be transferred to the board of alcohol, drug	5558
addiction, and mental health services.	5559

Sec. 340.03. (A) Subject to rules issued by the director of	5560
mental health and addiction services after consultation with	5561
relevant constituencies as required by division (A)(10) of section	5562
5119.21 of the Revised Code, the board of alcohol, drug addiction,	5563
and mental health services shall:	5564

(1) Serve as the community addiction and mental health	5565
services planning agency for the county or counties under its	5566
jurisdiction, and in so doing it shall:	5567

(a) Evaluate the need for facilities and community addiction	5568
and mental health services;	5569

(b) In cooperation with other local and regional planning and	5570
funding bodies and with relevant ethnic organizations, assess the	5571
community addiction and mental health needs, evaluate strengths	5572
and challenges, and set priorities for community addiction and	5573
mental health services, including treatment and prevention. When	5574
the board sets priorities for the operation of addiction services,	5575
the board shall consult with the county commissioners of the	5576
counties in the board's service district regarding the services	5577
described in section 340.15 of the Revised Code and shall give	5578
priority to those services, except that those services shall not	5579
have a priority over services provided to pregnant women under	5580
programs developed in relation to the mandate established in	5581
section 5119.17 of the Revised Code;	5582

(c) In accordance with guidelines issued by the director of	5583
mental health and addiction services after consultation with board	5584
representatives, annually develop and submit to the department of	5585
mental health and addiction services a community addiction and	5586
mental health services plan listing community addiction and mental	5587
health services needs, including the needs of all residents of the	5588
district currently receiving inpatient services in state-operated	5589
hospitals, the needs of other populations as required by state or	5590
federal law or programs, the needs of all children subject to a	5591
determination made pursuant to section 121.38 of the Revised Code,	5592
and priorities for facilities and community addiction and mental	5593
health services during the period for which the plan will be in	5594
effect.	5595

In alcohol, drug addiction, and mental health service	5596
districts that have separate alcohol and drug addiction services	5597
and community mental health boards, the alcohol and drug addiction	5598
services board shall submit a community addiction services plan	5599
and the community mental health board shall submit a community	5600
mental health services plan. Each board shall consult with its	5601
counterpart in developing its plan and address the interaction	5602
between the local addiction services and mental health services	5603
systems and populations with regard to needs and priorities in	5604
developing its plan.	5605

The department shall approve or disapprove the plan, in whole	5606
or in part, according to the criteria developed pursuant to	5607
section 5119.22 of the Revised Code. Eligibility for state and	5608
federal funding shall be contingent upon an approved plan or	5609
relevant part of a plan.	5610

If a board determines that it is necessary to amend a plan	5611
that has been approved under this division, the board shall submit	5612
a proposed amendment to the director. The director may approve or	5613
disapprove all or part of the amendment. The director shall inform	5614
the board of the reasons for disapproval of all or part of an	5615
amendment and of the criteria that must be met before the	5616
amendment may be approved. The director shall provide the board an	5617
opportunity to present its case on behalf of the amendment. The	5618
director shall give the board a reasonable time in which to meet	5619
the criteria, and shall offer the board technical assistance to	5620
help it meet the criteria.	5621

The board shall operate in accordance with the plan approved	5622
by the department.	5623

(d) Promote, arrange, and implement working agreements with	5624
social agencies, both public and private, and with judicial	5625
agencies.	5626

(2) Investigate, or request another agency to investigate,	5627
any complaint alleging abuse or neglect of any person receiving	5628
services from a community addiction or mental health services	5629
provider certified under section 5119.36 of the Revised Code or	5630
alleging abuse or neglect of a resident receiving addiction	5631
services or with mental illness or severe mental disability	5632
residing in a residential facility licensed under section 5119.34	5633
of the Revised Code. If the investigation substantiates the charge	5634
of abuse or neglect, the board shall take whatever action it	5635
determines is necessary to correct the situation, including	5636
notification of the appropriate authorities. Upon request, the	5637
board shall provide information about such investigations to the	5638
department.	5639

(3) For the purpose of section 5119.36 of the Revised Code,	5640
cooperate with the director of mental health and addiction	5641
services in visiting and evaluating whether the services of a	5642
community addiction or mental health services provider satisfy the	5643
certification standards established by rules adopted under that	5644
section;	5645

(4) In accordance with criteria established under division	5646
(E) of section 5119.22 of the Revised Code, conduct program audits	5647
that review and evaluate the quality, effectiveness, and	5648
efficiency of services provided through its community addiction	5649
and mental health contracted services and submit its findings and	5650
recommendations to the department of mental health and addiction	5651
services;	5652

(5) In accordance with section 5119.34 of the Revised Code,	5653
review an application for a residential facility license and	5654
provide to the department of mental health and addiction services	5655
any information about the applicant or facility that the board	5656
would like the department to consider in reviewing the	5657
application;	5658

(6) Audit, in accordance with rules adopted by the auditor of	5659
state pursuant to section 117.20 of the Revised Code, at least	5660
annually all programs and services provided under contract with	5661
the board. In so doing, the board may contract for or employ the	5662
services of private auditors. A copy of the fiscal audit report	5663
shall be provided to the director of mental health and addiction	5664
services, the auditor of state, and the county auditor of each	5665
county in the board's district.	5666

(7) Recruit and promote local financial support for addiction	5667
and mental health services from private and public sources;	5668

(8)(a) Enter into contracts with public and private	5669
facilities for the operation of facility services and enter into	5670
contracts with public and private community addiction and mental	5671
health service providers for the provision of community addiction	5672
and mental health services. The board may not contract with a	5673
residential facility subject to section 5119.34 of the Revised	5674
Code unless the facility is licensed by the director of mental	5675
health and addiction services and may not contract with a	5676
community addiction or mental health services provider to provide	5677
community addiction or mental health services unless the services	5678
are certified by the director of mental health and addiction	5679
services under section 5119.36 of the Revised Code. Section 307.86	5680
of the Revised Code does not apply to contracts entered into under	5681
this division. In contracting with a community addiction or mental	5682
health services provider, a board shall consider the cost	5683
effectiveness of services provided by that provider and the	5684
quality and continuity of care, and may review cost elements,	5685
including salary costs, of the services to be provided. A	5686
utilization review process may be established as part of the	5687
contract for services entered into between a board and a community	5688
addiction or mental health services provider. The board may	5689
establish this process in a way that is most effective and	5690
efficient in meeting local needs.	5691

If either the board or a facility or community addiction or	5692
mental health services provider with which the board contracts	5693
under this division proposes not to renew the contract or proposes	5694
substantial changes in contract terms, the other party shall be	5695
given written notice at least one hundred twenty days before the	5696
expiration date of the contract. During the first sixty days of	5697
this one hundred twenty-day period, both parties shall attempt to	5698
resolve any dispute through good faith collaboration and	5699
negotiation in order to continue to provide services to persons in	5700
need. If the dispute has not been resolved sixty days before the	5701
expiration date of the contract, either party may notify the	5702
department of mental health and addiction services of the	5703
unresolved dispute. The director may require both parties to	5704
submit the dispute to a third party with the cost to be shared by	5705
the board and the facility or provider. The third party shall	5706
issue to the board, the facility or provider, and the department	5707
recommendations on how the dispute may be resolved twenty days	5708
prior to the expiration date of the contract, unless both parties	5709
agree to a time extension. The director shall adopt rules	5710
establishing the procedures of this dispute resolution process.	5711

(b) With the prior approval of the director of mental health	5712
and addiction services, a board may operate a facility or provide	5713
a community addiction or mental health service as follows, if	5714
there is no other qualified private or public facility or	5715
community addiction or mental health services provider that is	5716
immediately available and willing to operate such a facility or	5717
provide the service:	5718

(i) In an emergency situation, any board may operate a	5719
facility or provide a community addiction or mental health service	5720
in order to provide essential services for the duration of the	5721
emergency;	5722

(ii) In a service district with a population of at least one	5723
hundred thousand but less than five hundred thousand, a board may	5724
operate a facility or provide a community addiction or mental	5725
health service for no longer than one year;	5726

(iii) In a service district with a population of less than	5727
one hundred thousand, a board may operate a facility or provide a	5728
community addiction or mental health service for no longer than	5729
one year, except that such a board may operate a facility or	5730
provide a community addiction or mental health service for more	5731
than one year with the prior approval of the director and the	5732
prior approval of the board of county commissioners, or of a	5733
majority of the boards of county commissioners if the district is	5734
a joint-county district.	5735

The director shall not give a board approval to operate a	5736
facility or provide a community addiction or mental health service	5737
under division (A)(8)(b)(ii) or (iii) of this section unless the	5738
director determines that it is not feasible to have the department	5739
operate the facility or provide the service.	5740

The director shall not give a board approval to operate a	5741
facility or provide a community addiction or mental health service	5742
under division (A)(8)(b)(iii) of this section unless the director	5743
determines that the board will provide greater administrative	5744
efficiency and more or better services than would be available if	5745
the board contracted with a private or public facility or	5746
community addiction or mental health services provider.	5747

The director shall not give a board approval to operate a	5748
facility previously operated by a person or other government	5749
entity unless the board has established to the director's	5750
satisfaction that the person or other government entity cannot	5751
effectively operate the facility or that the person or other	5752
government entity has requested the board to take over operation	5753
of the facility. The director shall not give a board approval to	5754
provide a community addiction or mental health service previously	5755
provided by a community addiction or mental health services	5756
provider unless the board has established to the director's	5757
satisfaction that the provider cannot effectively provide the	5758
service or that the provider has requested the board take over	5759
providing the service.	5760

The director shall review and evaluate a board's operation of	5761
a facility and provision of community addiction or mental health	5762
service under division (A)(8)(b) of this section.	5763

Nothing in division (A)(8)(b) of this section authorizes a	5764
board to administer or direct the daily operation of any facility	5765
or community addiction or mental health services provider, but a	5766
facility or provider may contract with a board to receive	5767
administrative services or staff direction from the board under	5768
the direction of the governing body of the facility or provider.	5769

(9) Approve fee schedules and related charges or adopt a unit	5770
cost schedule or other methods of payment for contract services	5771
provided by community addiction or mental health services	5772
providers in accordance with guidelines issued by the department	5773
as necessary to comply with state and federal laws pertaining to	5774
financial assistance;	5775

(10) Submit to the director and the county commissioners of	5776
the county or counties served by the board, and make available to	5777
the public, an annual report of the services under the	5778
jurisdiction of the board, including a fiscal accounting;	5779

(11) Establish, to the extent resources are available, a	5780
continuum of care~~, which~~that provides for prevention, treatment,	5781
support, and rehabilitation services and opportunities. The	5782
essential elements of the continuum of care shall include~~, but are~~	5783
~~not limited to,~~ the following components ~~in accordance with~~	5784
~~section 5119.21 of the Revised Code~~:	5785

(a) To locate persons in need of addiction or mental health	5786
services to inform them of available services and benefits;	5787

(b) Assistance for persons receiving services to obtain	5788
services necessary to meet basic human needs for food, clothing,	5789
shelter, medical care, personal safety, and income;	5790

(c) Addiction and mental health services, including~~, but not~~	5791
~~limited to, outpatient, residential, partial~~all of the following:	5792

(i) Outpatient;

5793

(ii) Residential;

5794

(iii) Partial hospitalization~~, and, where~~;

5795

(iv) Where appropriate, inpatient care;

5796

(v) Sub-acute detoxification;

5797

(vi) Intensive and other supports;

5798

(vii) Recovery support;

5799

(viii) Prevention and wellness management;

5800

(ix) In accordance with section 340.033 of the Revised Code,	5801
an array of treatment and support services for all levels of	5802
opioid and co-occurring drug addiction.	5803

(d) Emergency services and crisis intervention;

5804

(e) Assistance for persons receiving services to obtain	5805
vocational services and opportunities for jobs;	5806

(f) The provision of services designed to develop social,	5807
community, and personal living skills;	5808

(g) Access to a wide range of housing and the provision of	5809
residential treatment and support;	5810

(h) Support, assistance, consultation, and education for	5811
families, friends, persons receiving addiction or mental health	5812
services, and others;	5813

(i) Recognition and encouragement of families, friends,	5814
neighborhood networks, especially networks that include racial and	5815
ethnic minorities, churches, community organizations, and	5816
community employment as natural supports for persons receiving	5817
addiction or mental health services;	5818

(j) Grievance procedures and protection of the rights of	5819
persons receiving addiction or mental health services;	5820

(k) Community psychiatric supportive treatment services,	5821
which includes continual individualized assistance and advocacy to	5822
ensure that needed services are offered and procured;	5823

(l) Any additional component the department, pursuant to	5824
section 5119.21 of the Revised Code, determines is necessary to	5825
establish the continuum of care.	5826

(12) Establish a method for evaluating referrals for	5827
involuntary commitment and affidavits filed pursuant to section	5828
5122.11 of the Revised Code in order to assist the probate	5829
division of the court of common pleas in determining whether there	5830
is probable cause that a respondent is subject to involuntary	5831
hospitalization and what alternative treatment is available and	5832
appropriate, if any;	5833

(13) Designate the treatment services, provider, facility, or	5834
other placement for each person involuntarily committed to the	5835
board pursuant to Chapter 5122. of the Revised Code. The board	5836
shall provide the least restrictive and most appropriate	5837
alternative that is available for any person involuntarily	5838
committed to it and shall assure that the listed services	5839
submitted and approved in accordance with division (B) of section	5840
340.08 of the Revised Code are available to severely mentally	5841
disabled persons residing within its service district. The board	5842
shall establish the procedure for authorizing payment for	5843
services, which may include prior authorization in appropriate	5844
circumstances. The board may provide for services directly to a	5845
severely mentally disabled person when life or safety is	5846
endangered and when no community mental health services provider	5847
is available to provide the service.	5848

(14) Ensure that apartments or rooms built, subsidized,	5849
renovated, rented, owned, or leased by the board or a community	5850
addiction or mental health services provider have been approved as	5851
meeting minimum fire safety standards and that persons residing in	5852
the rooms or apartments are receiving appropriate and necessary	5853
services, including culturally relevant services, from a community	5854
addiction or mental health services provider. This division does	5855
not apply to residential facilities licensed pursuant to section	5856
5119.34 of the Revised Code.	5857

(15) Establish a mechanism for obtaining advice and	5858
involvement of persons receiving publicly funded addiction or	5859
mental health services on matters pertaining to addiction and	5860
mental health services in the alcohol, drug addiction, and mental	5861
health service district;	5862

(16) Perform the duties required by rules adopted under	5863
section 5119.22 of the Revised Code regarding referrals by the	5864
board or mental health services providers under contract with the	5865
board of individuals with mental illness or severe mental	5866
disability to residential facilities as defined in division	5867
(A)(9)(b)(iii) of section 5119.34 of the Revised Code and	5868
effective arrangements for ongoing mental health services for the	5869
individuals. The board is accountable in the manner specified in	5870
the rules for ensuring that the ongoing mental health services are	5871
effectively arranged for the individuals.	5872

(B) The board shall establish such rules, operating	5873
procedures, standards, and bylaws, and perform such other duties	5874
as may be necessary or proper to carry out the purposes of this	5875
chapter.	5876

(C) A board of alcohol, drug addiction, and mental health	5877
services may receive by gift, grant, devise, or bequest any	5878
moneys, lands, or property for the benefit of the purposes for	5879
which the board is established, and may hold and apply it	5880
according to the terms of the gift, grant, or bequest. All money	5881
received, including accrued interest, by gift, grant, or bequest	5882
shall be deposited in the treasury of the county, the treasurer of	5883
which is custodian of the alcohol, drug addiction, and mental	5884
health services funds to the credit of the board and shall be	5885
available for use by the board for purposes stated by the donor or	5886
grantor.	5887

(D) No board member or employee of a board of alcohol, drug	5888
addiction, and mental health services shall be liable for injury	5889
or damages caused by any action or inaction taken within the scope	5890
of the board member's official duties or the employee's	5891
employment, whether or not such action or inaction is expressly	5892
authorized by this section or any other section of the Revised	5893
Code, unless such action or inaction constitutes willful or wanton	5894
misconduct. Chapter 2744. of the Revised Code applies to any	5895
action or inaction by a board member or employee of a board taken	5896
within the scope of the board member's official duties or	5897
employee's employment. For the purposes of this division, the	5898
conduct of a board member or employee shall not be considered	5899
willful or wanton misconduct if the board member or employee acted	5900
in good faith and in a manner that the board member or employee	5901
reasonably believed was in or was not opposed to the best	5902
interests of the board and, with respect to any criminal action or	5903
proceeding, had no reasonable cause to believe the conduct was	5904
unlawful.	5905

(E) The meetings held by any committee established by a board	5906
of alcohol, drug addiction, and mental health services shall be	5907
considered to be meetings of a public body subject to section	5908
121.22 of the Revised Code.	5909

Sec. 340.033. The array of treatment and support services	5910
for all levels of opioid and co-occurring drug addiction required	5911
by division (A)(11)(c)(ix) of section 340.03 of the Revised Code	5912
to be included in a continuum of care established under that	5913
section shall include at least ambulatory and sub-acute	5914
detoxification, non-intensive and intensive outpatient services,	5915
medication-assisted treatment, peer mentoring, residential	5916
treatment services, recovery housing pursuant to section 340.034	5917
of the Revised Code, and twelve-step approaches. The treatment and	5918
support services shall be made available in the service district	5919
of each board of alcohol, drug addiction, and mental health	5920
services, except that sub-acute detoxification and residential	5921
treatment services may be made available through a contract with	5922
one or more providers of sub-acute detoxification or residential	5923
treatment services located in other service districts. The	5924
treatment and support services shall be made available in a manner	5925
that ensures that service recipients are able to access the	5926
services they need for opioid and co-occurring drug addiction in	5927
an integrated manner and without delay when changing or obtaining	5928
additional treatment or support services for such addiction. An	5929
individual seeking a treatment or support service for opioid and	5930
co-occurring drug addiction included in a continuum of care shall	5931
not be denied the service on the basis that the service previously	5932
failed.	5933

Sec. 340.034. All of the following apply to the recovery	5934
housing required by section 340.033 of the Revised Code to be	5935
included in the array of treatment and support services for all	5936
levels of opioid and co-occurring drug addiction that are part of	5937
the continuum of care established by each board of alcohol, drug	5938
addiction, and mental health services pursuant to division (A)(11)	5939
of section 340.03 of the Revised Code:	5940

(A) The recovery housing shall not be owned or operated by a	5941
residential facility as defined in section 5119.34 of the Revised	5942
Code and instead shall be owned and operated by the following:	5943

(1) Except as provided in division (A)(2) of this section, a	5944
community addiction services provider or other local	5945
nongovernmental organization (including a peer-run recovery	5946
organization), as appropriate to the needs of the board's service	5947
district;	5948

(2) The board, if either of the following applies:

5949

(a) The board owns and operates the recovery housing on the	5950
effective date of this section.	5951

(b) The board determines that there is an emergency need for	5952
the board to assume the ownership and operation of the recovery	5953
housing such as when an existing owner and operator of the	5954
recovery housing goes out of business, and the board considers the	5955
assumption of ownership and operation of the recovery housing to	5956
be its last resort.	5957

(B) The recovery housing shall have protocols for all of the	5958
following:	5959

(1) Administrative oversight;

5960

(2) Quality standards;

5961

(3) Policies and procedures, including house rules, for its	5962
residents to which the residents must agree to adhere.	5963

(C) Family members of the recovery housing's residents may	5964
reside in the recovery housing to the extent the recovery	5965
housing's protocols permit.	5966

(D) The recovery housing shall not limit a resident's	5967
duration of stay to an arbitrary or fixed amount of time. Instead,	5968
each resident's duration of stay shall be determined by the	5969
resident's needs, progress, and willingness to abide by the	5970
recovery housing's protocols, in collaboration with the recovery	5971
housing's owner, and, if appropriate, in consultation and	5972
integration with a community addiction services provider.	5973

(E) The recovery housing may permit its residents to receive	5974
medication-assisted treatment at the recovery housing.	5975

(F) The recovery housing may not provide community addiction	5976
services but may assist a resident in obtaining community	5977
addiction services that are certified by the department of mental	5978
health and addiction services under section 5119.36 of the Revised	5979
Code. The community addiction services may be provided at the	5980
recovery housing or elsewhere.	5981

Sec. 340.08. In accordance with rules or guidelines issued	5982
by the director of mental health and addiction services, each	5983
board of alcohol, drug addiction, and mental health services shall	5984
do all of the following:	5985

(A) Submit to the department of mental health and addiction	5986
services a report of receipts and expenditures for all federal,	5987
state, and local moneys the board expects to receive;.	5988

(1) The report shall identify funds the board has available	5989
for the array of treatment and support services for all levels of	5990
opioid and co-occurring drug addiction required by division	5991
(A)(11)(c)(ix) of section 340.03 of the Revised Code to be	5992
included in the continuum of care established under that section.	5993

(2) The report shall identify funds the board and public	5994
children services agencies in the board's service district have	5995
available to fund jointly the services described in section 340.15	5996
of the Revised Code.	5997

~~(2)~~(3) The board's proposed budget for expenditures of state	5998
and federal funds distributed to the board by the department shall	5999
be deemed an application for funds, and the department shall	6000
approve or disapprove the budget for these expenditures. The	6001
department shall disapprove the board's proposed budget if the	6002
proposed budget would not make available in the board's service	6003
district the essential elements of the continuum of care required	6004
by division (A)(11) of section 340.03 of the Revised Code. The	6005
department shall inform the board of the reasons for disapproval	6006
of the budget for the expenditure of state and federal funds and	6007
of the criteria that must be met before the budget may be	6008
approved. The director shall provide the board an opportunity to	6009
present its case on behalf of the submitted budget. The director	6010
shall give the board a reasonable time in which to meet the	6011
criteria and shall offer the board technical assistance to help it	6012
meet the criteria.	6013

If a board determines that it is necessary to amend a budget	6014
that has been approved under this section, the board shall submit	6015
a proposed amendment to the director. The director may approve or	6016
disapprove all or part of the amendment. The director shall inform	6017
the board of the reasons for disapproval of all or part of the	6018
amendment and of the criteria that must be met before the	6019
amendment may be approved. The director shall provide the board an	6020
opportunity to present its case on behalf of the amendment. The	6021
director shall give the board a reasonable time in which to meet	6022
the criteria and shall offer the board technical assistance to	6023
help it meet the criteria.	6024

~~(3)~~(4) The director of mental health and addiction services,	6025
~~in whole or in part, may~~shall withhold funds otherwise to be	6026
allocated to a board of alcohol, drug addiction, and mental health	6027
services under Chapter 5119. of the Revised Code if the board's	6028
use of state and federal funds fails to comply with the approved	6029
budget, as it may be amended with the approval of the department.	6030

(B) Submit to the department a statement identifying the	6031
services ~~described in section 340.09 of the Revised Code~~ the board	6032
intends to make available. The board shall include ~~crisis~~	6033
~~intervention services for individuals in emergency situations~~the	6034
services required by division (A)(11) of section 340.03 of the	6035
Revised Code to be included in the continuum of care and the	6036
services required ~~pursuant to~~by section 340.15 of the Revised	6037
Code~~, and the~~. The board shall explain the manner in which the	6038
board intends to make such services available. The list of	6039
services shall be compatible with the budget submitted pursuant to	6040
division (A) of this section. The department shall approve or	6041
disapprove the proposed listing of services to be made available.	6042
The department shall inform the board of the reasons for	6043
disapproval of the listing of proposed services and of the	6044
criteria that must be met before listing of proposed services may	6045
be approved. The director shall provide the board an opportunity	6046
to present its case on behalf of the submitted listing of proposed	6047
services. The director shall give the board a reasonable time in	6048
which to meet the criteria and shall offer the board technical	6049
assistance to help it meet the criteria.	6050

(C) Enter into a continuity of care agreement with the state	6051
institution operated by the department of mental health and	6052
addiction services and designated as the institution serving the	6053
district encompassing the board's service district. The continuity	6054
of care agreement shall outline the department's and the board's	6055
responsibilities to plan for and coordinate with each other to	6056
address the needs of board residents who are patients in the	6057
institution, with an emphasis on managing appropriate hospital bed	6058
day use and discharge planning. The continuity of care agreement	6059
shall not require the board to provide services other than those	6060
on the list of services submitted by the board and approved by the	6061
department pursuant to division (B) of this section.	6062

(D) In conjunction with the department of mental health and	6063
addiction services, operate a coordinated system for tracking and	6064
monitoring persons found not guilty by reason of insanity and	6065
committed pursuant to section 2945.40 of the Revised Code who have	6066
been granted a conditional release and persons found incompetent	6067
to stand trial and committed pursuant to section 2945.39 of the	6068
Revised Code who have been granted a conditional release. The	6069
system shall do all of the following:	6070

(1) Centralize responsibility for the tracking of those	6071
persons;	6072

(2) Provide for uniformity in monitoring those persons;

6073

(3) Provide a mechanism to allow prompt rehospitalization,	6074
reinstitutionalization, or detention when a violation of the	6075
conditional release or decompensation occurs.	6076

(E) Submit to the department a report summarizing complaints	6077
and grievances received by the board concerning the rights of	6078
persons seeking or receiving services, investigations of	6079
complaints and grievances, and outcomes of the investigations.	6080

(F) Provide to the department information to be submitted to	6081
the community addiction and mental health information system or	6082
systems established by the department under Chapter 5119. of the	6083
Revised Code.	6084

(G) Annually, and upon any change in membership, submit to	6085
the department a list of all current members of the board of	6086
alcohol, drug addiction, and mental health services, including the	6087
appointing authority for each member, and the member's specific	6088
qualification for appointment pursuant to section 340.02 or	6089
340.021 of the Revised Code, if applicable.	6090

(H) Submit to the department other information as is	6091
reasonably required for purposes of the department's operations,	6092
service evaluation, reporting activities, research, system	6093
administration, and oversight.	6094

Sec. 340.09. (A) ~~The~~Using funds the general assembly	6095
appropriates for these purposes, the department of mental health	6096
and addiction services shall provide assistance to ~~any~~each county	6097
for ~~the~~all of the following:	6098

(1) The operation of ~~boards~~the board of alcohol, drug	6099
addiction, and mental health services,serving the county;	6100

(2) The provision of services approved by the department	6101
within the continuum of care~~, the~~established pursuant to division	6102
(A)(11) of section 340.03 of the Revised Code;	6103

(3) The provision of approved support functions~~, and the~~;

6104

(4) The partnership in, or support for, approved continuum of	6105
care-related activities ~~from funds appropriated for that purpose~~	6106
~~by the general assembly~~.	6107

(B) ~~Categories in the continuum of care may include the~~	6108
~~following:~~	6109

~~(1) Inpatient;~~

6110

~~(2) Residential;~~

6111

~~(3) Outpatient treatment;~~

6112

~~(4) Intensive and other supports;~~

6113

~~(5) Recovery support;~~

6114

~~(6) Prevention and wellness management.~~

6115

~~(C)~~ Support functions may include the following:

6116

(1) Consultation;

6117

(2) Research;

6118

(3) Administrative;

6119

(4) Referral and information;

6120

(5) Training;

6121

(6) Service and program evaluation.

6122

Sec. 340.15. (A) A public children services agency that	6123
identifies a child by a risk assessment conducted pursuant to	6124
section 5153.16 of the Revised Code as being at imminent risk of	6125
being abused or neglected because of an addiction of a parent,	6126
guardian, or custodian of the child to a drug of abuse or alcohol	6127
shall refer the child's addicted parent, guardian, or custodian	6128
and, if the agency determines that the child needs alcohol or	6129
other drug addiction services, the child to a community addiction	6130
services provider certified by the department of mental health and	6131
addiction services under section 5119.36 of the Revised Code. A	6132
public children services agency that is sent a court order issued	6133
pursuant to division (B) of section 2151.3514 of the Revised Code	6134
shall refer the addicted parent or other caregiver of the child	6135
identified in the court order to a community addiction services	6136
provider certified by the department of mental health and	6137
addiction services under section 5119.36 of the Revised Code. On	6138
receipt of a referral under this division and to the extent	6139
funding identified under division (A)~~(1)~~(2) of section 340.08 of	6140
the Revised Code is available, the provider shall provide the	6141
following services to the addicted parent, guardian, custodian, or	6142
caregiver and child in need of addiction services:	6143

(1) If it is determined pursuant to an initial screening to	6144
be needed, assessment and appropriate treatment;	6145

(2) Documentation of progress in accordance with a treatment	6146
plan developed for the addicted parent, guardian, custodian,	6147
caregiver, or child;	6148

(3) If the referral is based on a court order issued pursuant	6149
to division (B) of section 2151.3514 of the Revised Code and the	6150
order requires the specified parent or other caregiver of the	6151
child to submit to alcohol or other drug testing during, after, or	6152
both during and after, treatment, testing in accordance with the	6153
court order.	6154

(B) The services described in division (A) of this section	6155
shall have a priority as provided in the addiction and mental	6156
health services plan and budget established pursuant to sections	6157
340.03 and 340.08 of the Revised Code. Once a referral has been	6158
received pursuant to this section, the public children services	6159
agency and the addiction services provider shall, in accordance	6160
with 42 C.F.R. Part 2, share with each other any information	6161
concerning the persons and services described in that division	6162
that the agency and provider determine are necessary to share. If	6163
the referral is based on a court order issued pursuant to division	6164
(B) of section 2151.3514 of the Revised Code, the results and	6165
recommendations of the addiction services provider also shall be	6166
provided and used as described in division (D) of that section.	6167
Information obtained or maintained by the agency or provider	6168
pursuant to this section that could enable the identification of	6169
any person described in division (A) of this section is not a	6170
public record subject to inspection or copying under section	6171
149.43 of the Revised Code.	6172

Sec. 340.20. (A) In accordance with the rules adopted under	6173
section 5119.363 of the Revised Code, each board of alcohol, drug	6174
addiction, and mental health services monthly shall do all of the	6175
following:	6176

(1) Compile on an aggregate basis the information the board	6177
receives that month from community addiction services providers	6178
under section 5119.362 of the Revised Code;	6179

(2) Determine the number of applications for treatment and	6180
support services included, pursuant to section 340.033 of the	6181
Revised Code, in the array of treatment and support services for	6182
all levels of opioid and co-occurring drug addiction that the	6183
board received in the immediately preceding month and that the	6184
board denied that month, each type of service so denied, and the	6185
reasons for the denials;	6186

(3) Subject to division (B) of this section, report all of	6187
the following to the department of mental health and addiction	6188
services:	6189

(a) The information that the board compiles under division	6190
(A)(1) of this section that month;	6191

(b) The information that the board determines under division	6192
(A)(2) of this section that month;	6193

6194

(B) Each board shall report the information required by	6195
division (A)(3) of this section as follows:	6196

(1) In an electronic format;

6197

(2) In a manner that maintains the confidentiality of all	6198
individuals for whom information is included in the report;	6199

(3) In a manner that presents the information about the	6200
individuals whose information is included in the report by their	6201
counties of residence.	6202

Sec. 341.12. (A) In a county not having a sufficient jail or	6203
staff, subject to division (B) of this section, the sheriff shall	6204
convey any person charged with the commission of an offense,	6205
sentenced to imprisonment in the county jail, or in custody upon	6206
civil process to a jail in any county the sheriff considers most	6207
convenient and secure. As used in this paragraph, any county	6208
includes a contiguous county in an adjoining state.	6209

The sheriff may call such aid as is necessary in guarding,	6210
transporting, or returning such person. Whoever neglects or	6211
refuses to render such aid, when so called upon, shall forfeit and	6212
pay the sum of ten dollars, to be recovered by an action in the	6213
name and for the use of the county.	6214

Such sheriff and ~~his~~the sheriff's assistants shall receive	6215
such compensation for their services as the county auditor of the	6216
county from which such person was removed considers reasonable.	6217
The compensation shall be paid from the county treasury on the	6218
warrant of the auditor.	6219

The receiving sheriff shall not, pursuant to this section,	6220
convey the person received to any county other than the one from	6221
which the person was removed.	6222

(B)(1) If Lawrence county does not have sufficient jail space	6223
in the county or staff based upon the minimum standards for jails	6224
in Ohio promulgated pursuant to section 5120.10 of the Revised	6225
Code, instead of conveying a person in a category described in	6226
division (A) of this section to a jail in any county pursuant to	6227
that division, the Lawrence county sheriff may convey the person	6228
to the Ohio river valley facility in accordance with section	6229
341.121 of the Revised Code.	6230

(2) If a county other than Lawrence county does not have	6231
sufficient jail space or staff based upon the minimum standards	6232
for jails in Ohio promulgated pursuant to section 5120.10 of the	6233
Revised Code and has entered into an agreement to jail persons	6234
with the Lawrence county sheriff, instead of conveying a person in	6235
a category described in division (A) of this section to a jail in	6236
any county pursuant to that division, the sheriff of the other	6237
county may convey the person to the Ohio river valley facility in	6238
accordance with section 341.121 of the Revised Code.	6239

(3) As used in divisions (B)(1) and (2) of this section,	6240
"Ohio river valley facility" has the same meaning as in section	6241
341.121 of the Revised Code.	6242

Sec. 341.121. (A) As used in this section, "Ohio river	6243
valley facility" means the former Ohio river valley juvenile	6244
correctional facility in Franklin Furnace, Scioto county, that	6245
formerly was operated by the department of youth services.	6246

(B) The board of county commissioners of Lawrence county and	6247
the director of administrative services may enter into an	6248
agreement pursuant to which the sheriff of Lawrence county may use	6249
a specified portion of the Ohio river valley facility as a jail	6250
for Lawrence county. The agreement shall not provide for transfer	6251
of ownership of any portion of the Ohio river valley facility to	6252
Lawrence county. If the board and the department enter into an	6253
agreement of this nature, on and after the effective date of the	6254
agreement, all of the following apply:	6255

(1) The sheriff of Lawrence county may use the specified	6256
portion of the Ohio river valley facility for the confinement of	6257
persons charged with a violation of a law or municipal ordinance,	6258
sentenced or ordered to confinement for such a violation in a	6259
jail, or in custody upon civil process, if the violation occurred	6260
or the person was taken into custody under the civil process	6261
within Lawrence county or within another county that has entered	6262
into an agreement with the sheriff pursuant to division (B)(2) of	6263
section 341.12 of the Revised Code for the confinement of such	6264
persons;	6265

(2) Any use of the specified portion of the Ohio river valley	6266
facility for the confinement of a juvenile who is alleged to be or	6267
is adjudicated a delinquent child or juvenile traffic offender	6268
shall be in accordance with Chapter 2152. of the Revised Code;	6269

(3) If the sheriff of Lawrence county uses the specified	6270
portion of the Ohio river valley facility for one or more of the	6271
purposes listed in division (B)(1) of this section and division	6272
(B)(2) of section 341.12 of the Revised Code, all of the following	6273
apply during that use of that portion of the facility and during	6274
the period covered by the agreement entered into pursuant to	6275
division (B) of this section:	6276

(a) The sheriff has charge of the specified portion of the	6277
facility pursuant to that agreement and all persons confined in	6278
it, and shall keep those persons safely, attend to that portion of	6279
the facility, and regulate that portion of the facility according	6280
to the minimum standards for jails in Ohio promulgated pursuant to	6281
section 5120.10 of the Revised Code;	6282

(b) The sheriff has all responsibilities and duties regarding	6283
the operation and management of the specified portion of the	6284
facility, including, but not limited to, safe and secure operation	6285
of and staffing for the jail facility, food services, medical	6286
services, and other programs, services, and treatment of persons	6287
confined in it, and conveyance to and from that portion of the	6288
facility of persons who are to be or who have been confined in it,	6289
in the same manner as if that facility was a Lawrence county jail;	6290

(c) The sheriff may enter into one or more shared service	6291
agreements with any other entity leasing buildings at the Ohio	6292
river valley facility regarding any of the responsibilities and	6293
duties described in division (B)(3)(b) of this section or	6294
regarding any other service related to the operation of the	6295
facility;	6296

(d) All provisions of Chapter 341. of the Revised Code,	6297
except for sections 341.13 to 341.18 of the Revised Code, apply	6298
with respect to the specified portion of the Ohio river valley	6299
facility and to the sheriff in the same manner as if that portion	6300
of the facility was a Lawrence county jail, and sections 341.13 to	6301
341.18 of the Revised Code apply with respect to that portion of	6302
the facility and the sheriff if that portion of the facility is	6303
used for confinement of persons from a county other than Lawrence	6304
county pursuant to an agreement as described in division (B)(2) of	6305
section 341.12 of the Revised Code;	6306

(e) Lawrence county has all responsibility for the costs of	6307
operation of the specified portion of the facility, and for all	6308
potential liability related to the use or operation of that	6309
portion of the facility and damages to it, in the same manner as	6310
if that facility was a Lawrence county jail;	6311

(f) The sheriff has all responsibility for investigating	6312
crimes and quelling disturbances that occur in the specified	6313
portion of the facility, and for assisting in the prosecution of	6314
such crimes, and the prosecuting attorney of Lawrence county and	6315
prosecutors of municipal corporations located in Lawrence county	6316
have responsibility for prosecution of such crimes, in the same	6317
manner as if that facility was a Lawrence county jail;	6318

(g) The sheriff's use of the specified portion of the	6319
facility shall be in accordance with the terms of the agreement,	6320
to the extent that the terms are not in conflict with divisions	6321
(B)(1), (2), and (3) of this section.	6322

(5) If the sheriff of Lawrence county uses the specified	6323
portion of the Ohio river valley facility for one or more of the	6324
purposes listed in division (B)(1) of this section and division	6325
(B)(2) of section 341.12 of the Revised Code and subsequently	6326
ceases to use the specified portion of the facility for those	6327
purposes, the sheriff shall vacate the facility and control of the	6328
specified portion of the facility immediately shall revert to the	6329
state.	6330

Sec. 757.03. As used in sections 757.03 to 757.08 of the	6331
Revised Code, "area arts council" means an arts council or other	6332
organization the purpose of which is to foster and encourage the	6333
development of the arts, including but not limited to, literature,	6334
theater, music, the dance, painting, sculpture, photography,	6335
architecture, and motion pictures.	6336

In any city or county in which there is a symphony	6337
association, area arts council, art museum, or other similar	6338
organization, which is incorporated under sections 1702.01 to	6339
1702.58 of the Revised Code, without purpose of profit to any	6340
private member or individual, but organized for the purpose of the	6341
cultivation and performance of instrumental music, the promotion	6342
of the arts, or to maintain a symphony orchestra, the board of	6343
education of any school district in such city or the educational	6344
service center governing board serving such county, or both, may	6345
pay the symphony association, council, art museum, or other	6346
organization annually, in quarterly installments, in the case of a	6347
school district board of education, a sum of not to exceed one	6348
half of one cent on each one hundred dollars of the taxable	6349
property of the district and, in the case of an educational	6350
service center governing board, a sum of not to exceed one half of	6351
one cent on each one hundred dollars of the taxable property of	6352
the territory of the service center, as valued on the tax	6353
duplicate for the next year before the date of the payment. In	6354
order to qualify for such payments, the symphony association, arts	6355
council, art museum, or other organization shall, by proper	6356
resolution of its board of trustees or other governing body,	6357
accept all applicable provisions of sections 757.03 to 757.08 of	6358
the Revised Code, and file a certified copy of the resolution with	6359
the board of education of such district or with the governing	6360
board of such educational service center prior to the date of any	6361
payment. The first of such payments may be made in the year after	6362
the filing of such certified copy.	6363

Sec. 757.04. No symphony association, area arts council, art	6364
museum, or other similar organization may receive any of the	6365
payments provided for in section 757.03 of the Revised Code until	6366
the symphony association, council, art museum, or organization, by	6367
a proper resolution adopted by its board of trustees or other	6368
governing body, has tendered to the appropriate board of education	6369
or the educational service center governing board the following:	6370

(A) The right to nominate as trustees or as members of any	6371
other governing body of the symphony association, council, art	6372
museum, or organization three members consisting of the following:	6373

(1) One member of the board of education or the educational	6374
service center governing board;	6375

(2) Either the superintendent of schools of the school	6376
district or an educational service center, or an assistant	6377
superintendent of schools of the district or an educational	6378
service center;	6379

(3) One member of the music department of the schools	6380
maintained by the board of education, to be selected by the	6381
superintendent, all three of whom so nominated shall thereupon be	6382
elected as trustees or as members of any other governing body.	6383

(B) The right to nominate for membership on the executive	6384
committee of the symphony association, council, art museum, or	6385
organization one of the three trustees of the symphony	6386
association, council, art museum, or organization, representing	6387
the board of education or the educational service center governing	6388
board as the trustees pursuant to division (A) of this section,	6389
who shall thereupon be elected a member of the executive	6390
committee;	6391

(C) The right to require the orchestra maintained by the	6392
symphony association or any performing groups maintained by the	6393
council, art museum, or organization to provide such feasible	6394
performances for the public schools or for local school districts	6395
within the educational service center system maintained or	6396
supervised by the educational service center governing board, as	6397
in the joint judgment of the board of trustees of the symphony	6398
association, council, art museum, or organization, the	6399
superintendent, and the board of education of the school district	6400
or the educational service center governing board, will serve the	6401
largest interest of the school children of the school district or	6402
the area served by the educational service center.	6403

A copy of the resolution, certified by the president and	6404
secretary of the symphony association, council, art museum, or	6405
organization, shall be filed in the office of the board of	6406
education or in the office of the educational service center	6407
governing board as a condition precedent to the receipt by the	6408
association, council, art museum, or organization of any payments.	6409

Sec. 757.05. In any city or county in which there is a	6410
symphony association, an area arts council, an art museum, or	6411
other similar organization which is incorporated, organized, and	6412
operated in the manner and for the purposes stated in section	6413
757.03 of the Revised Code, such city or county, or both, may pay	6414
the symphony association, council, art museum, or organization	6415
annually, in quarterly installments, in the case of a city, a sum	6416
not to exceed one half of one cent on each one hundred dollars of	6417
taxable property of the city as ~~value~~valued on the tax duplicate	6418
of the city or, in the case of a county, a sum not to exceed one	6419
half of one cent on each one hundred dollars of the taxable	6420
property of the county for the year next before the date of each	6421
payment. In order to qualify for such payments, the symphony	6422
association, council, art museum, or organization shall, by a	6423
proper resolution of its board of trustees or other governing	6424
body, accept all applicable provisions of sections 757.03 to	6425
757.08 of the Revised Code and file a certified copy of the	6426
resolution with the controller of the city or the board of county	6427
commissioners prior to the date of any payment. The first of such	6428
payments may be made in the year after the filing of such	6429
certified copy.	6430

Sec. 757.06. No symphony association, area arts council, art	6431
museum, or other similar organization may receive any of the	6432
payments provided for in section 757.05 of the Revised Code until	6433
the symphony association, council, art museum, or organization, by	6434
a proper resolution adopted by its board of trustees or other	6435
governing body, has tendered to the mayor, or to the legislative	6436
authority of the city if there is no mayor, or to the board of	6437
county commissioners, the following:	6438

(A) The right to nominate as trustees or as members of any	6439
other governing body of the symphony association, council, art	6440
museum, or organization, three members to be appointed by the	6441
mayor, or by the legislative authority of the city if there is no	6442
mayor, or by the board of county commissioners, one of which	6443
nominees may, in the discretion of such mayor or legislative	6444
authority, or board of county commissioners, be the mayor, or a	6445
member of the legislative authority, or the board of county	6446
commissioners, all three of whom so nominated shall thereupon be	6447
elected as trustees or as members of any other governing body;	6448

(B) The right to nominate for membership on the executive	6449
committee of the symphony association, council, art museum, or	6450
organization, one of the three trustees of the symphony	6451
association, council, art museum, or organization, representing	6452
the city or county as the trustees pursuant to division (A) of	6453
this section, which nominee may, in the discretion of the mayor or	6454
the legislative authority of the city if there is no mayor, or the	6455
board of county commissioners, be the mayor, or a member of the	6456
legislative authority, or the board of county commissioners, which	6457
nominee shall thereupon be elected a member of the executive	6458
committee;	6459

(C) The right to require the orchestra maintained by the	6460
symphony association or any performing groups maintained by the	6461
council or organization to provide such feasible popular	6462
performances at low cost, as in the joint judgment of the board of	6463
trustees of the symphony association, council, art museum, or	6464
organization, and the mayor or the legislative authority of the	6465
city if there is no mayor, or the board of county commissioners,	6466
will serve the largest interests of the citizens of the city or	6467
county.	6468

A copy of the resolution, certified by the president and	6469
secretary of the symphony association, council, art museum, or	6470
organization, shall be filed in the office of the city controller	6471
of the city or the board of county commissioners of the county, as	6472
a condition precedent to the receipt by the association or	6473
~~society~~, council, art museum, or similar organization of any	6474
payments.	6475

Sec. 757.07. After any symphony association, area arts	6476
council, art museum, or other similar organization has once filed	6477
with the board of education, the city controller, or the board of	6478
county commissioners the resolutions provided for in sections	6479
757.03 to 757.06 of the Revised Code, it need not renew the same	6480
from year to year, but each original resolution continues in force	6481
for the purposes named until, by like resolution, likewise	6482
certified and filed, any original resolution is revoked or	6483
rescinded.	6484

Sec. 757.08. So long as any symphony association, area arts	6485
council, art museum, or other similar organization does all the	6486
things it agreed to do as considerations for the benefits to be	6487
received by it under sections 757.03 to 757.08 of the Revised	6488
Code, or is able, willing, and ready to perform the same, the	6489
appropriate board of education and the educational service center	6490
governing board and the city and county may continue to make the	6491
several payments as provided in such sections.	6492

Sec. 935.03. (A) Division (A) of section 935.02 of the	6493
Revised Code does not apply to any of the following:	6494

(1) A person to which all of the following apply:

6495

(a) The person possesses a dangerous wild animal.

6496

(b) The person has been issued a license by the United States	6497
department of agriculture under the federal animal welfare act.	6498

(c) The director of agriculture has determined that the	6499
person is in the process of becoming an accredited member of the	6500
association of zoos and aquariums or the zoological association of	6501
America.	6502

(d) The director has informed the person that the person is	6503
exempt from division (A) of section 935.02 of the Revised Code.	6504

(2) An organization to which all of the following apply:

6505

(a) The organization possesses a dangerous wild animal.

6506

(b) The director has determined that the organization is in	6507
the process of being accredited or verified by the global	6508
federation of animal sanctuaries as a wildlife sanctuary.	6509

(c) The director has informed the organization that it is	6510
exempt from division (A) of section 935.02 of the Revised Code.	6511

(3) A person whose possession of a dangerous wild animal is	6512
authorized by an unexpired permit issued under this chapter.	6513

(B) Except for the purposes of divisions (A) and (B) of	6514
section 935.04 of the Revised Code, this chapter does not apply to	6515
any of the following:	6516

(1) A facility that is an accredited member of the	6517
association of zoos and aquariums or the zoological association of	6518
America and that is licensed by the United States department of	6519
agriculture under the federal animal welfare act;	6520

(2) A research facility as defined in the federal animal	6521
welfare act;	6522

(3) A research facility that is accredited by the association	6523
for the assessment and accreditation of laboratory animal care	6524
international;	6525

(4) A circus;

6526

(5) A wildlife rehabilitation facility that is issued a	6527
permit by the chief of the division of wildlife in rules adopted	6528
under section 1531.08 of the Revised Code and that rehabilitates	6529
dangerous wild animals or restricted snakes that are native to the	6530
state for the purpose of reintroduction into the wild;	6531

(6) A veterinarian that is providing temporary veterinary	6532
care to a dangerous wild animal or restricted snake;	6533

(7) A wildlife sanctuary;

6534

(8) An individual who does not reside in this state, is	6535
traveling through this state with a dangerous wild animal or	6536
restricted snake, and does all of the following:	6537

(a) Confines the animal or snake in a cage at all times;

6538

(b) Confines the animal or snake in a cage that is not	6539
accessible to the public;	6540

6541

(d) Is in the state not more than forty-eight hours unless	6542
the animal or snake is receiving veterinary care.	6543

(9) An educational institution that displays a single	6544
dangerous wild animal as a sports mascot and that meets all of the	6545
following criteria:	6546

(a) An official of the educational institution has submitted	6547
an affidavit attesting that the institution will care for the	6548
animal as long as the animal lives and in a facility that is an	6549
accredited member of the association of zoos and aquariums or the	6550
zoological association of America.	6551

(b) The educational institution maintains a liability	6552
insurance policy with an insurer authorized or approved to write	6553
such insurance in this state that covers claims for injury or	6554
damage to persons or property caused by a dangerous wild animal.	6555
The amount of the insurance coverage shall be not less than one	6556
million dollars.	6557

(c) During display and transport, the educational institution	6558
confines the dangerous wild animal in a cage that does not permit	6559
physical contact between the animal and the public.	6560

(d) The educational institution began displaying a dangerous	6561
wild animal as a mascot prior to ~~the effective date of this~~	6562
~~section~~September 5, 2012.	6563

(10) Any person who has been issued a permit under section	6564
1533.08 of the Revised Code, provided that the permit lists each	6565
specimen of wild animal that is a dangerous wild animal or	6566
restricted snake in the person's possession;	6567

(11) Any person authorized to possess a dangerous wild animal	6568
or restricted snake under section 1531.25 of the Revised Code or	6569
rules adopted under it;	6570

(12) A mobility impaired person as defined in section 955.011	6571
of the Revised Code who possesses a dangerous wild animal	6572
specified in division (C)(20)(h) of section 935.01 of the Revised	6573
Code that has been trained by a nonprofit agency or is in such	6574
training to assist the mobility impaired person;	6575

(13) A deaf or hearing-impaired person who possesses a	6576
dangerous wild animal specified in division (C)(20)(h) of section	6577
935.01 of the Revised Code that has been trained by a nonprofit	6578
agency or is in such training to assist the deaf or	6579
hearing-impaired person;	6580

(14) A person who is blind as defined in section 955.011 of	6581
the Revised Code and possesses a dangerous wild animal specified	6582
in division (C)(20)(h) of section 935.01 of the Revised Code that	6583
has been trained by a nonprofit agency or is in such training to	6584
assist the blind person.	6585

Sec. 935.12. (A) Except as provided in division (B) of this	6586
section, a person that has been issued a permit under this chapter	6587
for a dangerous wild animal or animals shall comply with the	6588
requirements regarding the care and housing of dangerous wild	6589
animals established in rules.	6590

(B) A person that has been issued a wildlife shelter,	6591
wildlife propagation permit, or rescue facility permit under this	6592
chapter for a dangerous wild animal or animals specified in	6593
division (C)(20) of section 935.01 of the Revised Code shall	6594
comply with both of the following:	6595

(1) The requirements regarding the care of those animals	6596
established in regulations adopted under the federal animal	6597
welfare act;	6598

(2) The requirements regarding the housing of those animals	6599
established in rules.	6600

(C) A person that has been issued a restricted snake	6601
possession or restricted snake propagation permit under this	6602
chapter shall comply with ~~the requirements regarding the care and~~	6603
~~housing of those snakes established in standards adopted by the~~	6604
~~zoological association of America and in effect on September 5,~~	6605
~~2012~~all of the following regarding the housing of those snakes:	6606

(1) An enclosure shall be provided with an environment or	6607
devices that allow for temperature regulation necessary to ensure	6608
the well-being of the snakes. The environment or devices shall be	6609
noninjurious and may include hot rocks, artificial lights, natural	6610
sunlight, and heat strips.	6611

(2) An enclosure shall be provided with noninjurious	6612
substrate such as newspaper, processed wood shavings, rocks, sand,	6613
indoor-outdoor carpet, or other equivalent material. The substrate	6614
shall be disposed of or sanitized at intervals sufficient to	6615
ensure the health of the snakes.	6616

(3) An enclosure shall be constructed in a manner that offers	6617
enough space and complexity to allow free movement and access to	6618
varying thermal gradients as follows:	6619

(a) If a snake is a restricted snake specified in division	6620
(L)(2), (3), or (4) of section 935.01 of the Revised Code and	6621
lives in a primarily terrestrial habitat, all of the following	6622
apply:	6623

(i) The perimeter of the enclosure shall be not less than the	6624
length of the snake.	6625

(ii) The height of the enclosure shall be not less than five	6626
inches.	6627

(iii) For each additional snake permanently housed in an	6628
enclosure, the perimeter of the enclosure shall be increased by	6629
ten per cent of the perimeter of an enclosure that permanently	6630
houses only one snake.	6631

(b) If a snake is a restricted snake specified in division	6632
(L)(2), (3), or (4) of section 935.01 of the Revised Code and	6633
lives in a primarily arboreal habitat, all of the following apply:	6634

(i) The perimeter of the enclosure shall not be less than the	6635
length of the snake.	6636

(ii) The height of the enclosure shall be not less than	6637
twelve inches.	6638

(iii) For each additional snake permanently housed in an	6639
enclosure, the perimeter of the enclosure shall be increased by	6640
ten per cent of the perimeter of an enclosure that permanently	6641
houses only one snake.	6642

(c) If the snake is a restricted snake specified in division	6643
(L)(1) of section 935.01 of the Revised Code, all of the following	6644
apply:	6645

(i) The length of the enclosure shall not be less than forty	6646
per cent of the length of the snake.	6647

(ii) The width of the enclosure shall not be less than two	6648
feet.	6649

(iii) The height of the enclosure shall be not less than	6650
twelve inches.	6651

(iv) For each additional snake permanently housed in an	6652
enclosure, the length of the enclosure shall be increased by ten	6653
per cent of the length of an enclosure that permanently houses	6654
only one snake.	6655

(4) An enclosure shall be constructed of material that	6656
securely and effectively contains the snakes. The material used to	6657
construct the enclosure may include plastic, tempered or laminated	6658
glass, wood, or other equivalent material. The enclosure shall	6659
have surfaces that are nonporous and that can be thoroughly and	6660
repeatedly cleaned and disinfected.	6661

(5) The door or lid of an enclosure shall have a secure latch	6662
or lock attached to the exterior of the enclosure that when	6663
latched or locked prevents a snake from leaving the enclosure.	6664

Sec. 955.01. (A)(1) Except as otherwise provided in this	6665
section or in sections 955.011, 955.012, and 955.16 of the Revised	6666
Code, every person who owns, keeps, or harbors a dog more than	6667
three months of age shall file, on or after the first day of the	6668
applicable December, but before the thirty-first day of the	6669
applicable January, in the office of the county auditor of the	6670
county in which the dog is kept or harbored, an application for	6671
registration for a period of one year or three years or an	6672
application for a permanent registration. The board of county	6673
commissioners, by resolution, may extend the period for filing the	6674
application. The application shall state the age, sex, color,	6675
character of hair, whether short or long, and breed, if known, of	6676
the dog and the name and address of the owner of the dog. A	6677
registration fee of two dollars for each year of registration for	6678
a one-year or three-year registration or twenty dollars for a	6679
permanent registration for each dog shall accompany the	6680
application. However, the fee may exceed that amount if a greater	6681
fee has been established under division (A)(2) of this section or	6682
under section 955.14 of the Revised Code.	6683

(2) A board of county commissioners may establish a	6684
registration fee higher than the one provided for in division	6685
(A)(1) of this section for dogs more than nine months of age that	6686
have not been spayed or neutered, except that the higher	6687
registration fee permitted by this division shall not apply if a	6688
person registering a dog furnishes with the application either a	6689
certificate from a licensed veterinarian verifying that the dog	6690
should not be spayed or neutered because of its age or medical	6691
condition or because the dog is used or intended for use for show	6692
or breeding purposes or a certificate from the owner of the dog	6693
declaring that the owner holds a valid hunting license issued by	6694
the division of wildlife of the department of natural resources	6695
and that the dog is used or intended for use for hunting purposes.	6696
If the board establishes such a fee, the application for	6697
registration shall state whether the dog is spayed or neutered,	6698
and whether a licensed veterinarian has certified that the dog	6699
should not be spayed or neutered or the owner has stated that the	6700
dog is used or intended to be used for hunting purposes. The board	6701
may require a person who is registering a spayed or neutered dog	6702
to furnish with the application a certificate from a licensed	6703
veterinarian verifying that the dog is spayed or neutered. No	6704
person shall furnish a certificate under this division that the	6705
person knows to be false.	6706

(B) If the application for registration is not filed and the	6707
registration fee paid, on or before the thirty-first day of the	6708
applicable January of each year or, if the board of county	6709
commissioners by resolution has extended the date to a date later	6710
than the thirty-first day of January, the date established by the	6711
board, the auditor shall assess a penalty in an amount equal to	6712
the registration fee for one year upon the owner, keeper, or	6713
harborer, which shall be paid with the registration fee.	6714

(C) An animal shelter that keeps or harbors a dog more than	6715
three months of age is exempt from paying any fees imposed under	6716
division (A) or (B) of this section if it is a nonprofit	6717
organization that is exempt from federal income taxation under	6718
subsection 501(a) and described in subsection 501(c)(3) of the	6719
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	6720

Sec. 955.05. After the thirty-first day of January of any	6721
year, except as otherwise provided in section 955.012 or 955.16 of	6722
the Revised Code, every person, immediately upon becoming the	6723
owner, keeper, or harborer of any dog more than three months of	6724
age or brought from outside the state during any year, shall file	6725
like applications, with fees, as required by section 955.01 of the	6726
Revised Code, for registration for ~~the current year~~a period of	6727
one year or three years or an application for permanent	6728
registration. If the application is not filed and the fee paid,	6729
within thirty days after the dog is acquired, becomes three months	6730
of age, or is brought from outside the state, the auditor shall	6731
assess a penalty in an amount equal to the registration fee for	6732
one year upon the owner, keeper, or harborer, which shall be paid	6733
with the registration fee. Thereafter, the owner, keeper, or	6734
harborer shall register the dog ~~for a period of one year or three~~	6735
~~years or register the dog permanently~~ as provided in section	6736
955.01 of the Revised Code, as applicable.	6737

Every person becoming the owner of a kennel of dogs after the	6738
thirty-first day of January of any year shall file like	6739
applications, with fees, as required by section 955.04 of the	6740
Revised Code, for the registration of such kennel for the current	6741
calendar year. If such application is not filed and the fee paid	6742
within thirty days after the person becomes the owner of such	6743
kennel, the auditor shall assess a penalty in an amount equal to	6744
the registration fee upon the owner of such kennel.	6745

Sec. 955.06. (A) The owner, keeper, or harborer of a dog	6746
becoming three months of age after the first day of July in a	6747
calendar year and the owner, keeper, or harborer of a dog	6748
purchased outside the state after the first day of July in a	6749
calendar year shall register the dog ~~for one year. The~~	6750
~~registration fee for any such dog shall be one-half of the~~	6751
~~original fee. Thereafter, the owner, keeper, or harborer shall~~	6752
~~register the dog for a period of one year or three years or~~	6753
~~register the dog permanently as provided in section 955.01 of the~~	6754
~~Revised Code~~in accordance with division (B), (C), or (D) of this	6755
section within ninety days of the dog's becoming three months of	6756
age or within ninety days of the date of the purchase of the dog,	6757
as applicable.	6758

(B) The owner, keeper, or harborer of a dog to which division	6759
(A) of this section applies may register the dog for the remainder	6760
of the current year. The fee for such a registration shall be	6761
one-half of the original fee for a one-year registration.	6762
Thereafter, the owner, keeper, or harborer shall register the dog	6763
for a period of one year, three years, or permanently as provided	6764
in section 955.01 of the Revised Code.	6765

(C) The owner, keeper, or harborer of a dog to which division	6766
(A) of this section applies may register the dog for a period	6767
consisting of the remainder of the current year and two additional	6768
years. The fee for such a registration shall be eighty-three per	6769
cent of the original fee for a three-year registration.	6770
Thereafter, the owner, keeper, or harborer shall register the dog	6771
for a period of one year, three years, or permanently as provided	6772
in section 955.01 of the Revised Code.	6773

(D) The owner, keeper, or harborer of a dog to which division	6774
(A) of this section applies may register the dog permanently. The	6775
fee for such a registration shall be the same as the original fee	6776
for a permanent registration.	6777

Sec. 1321.535. ~~(A)~~ Each applicant for a mortgage loan	6778
originator license shall submit to a written test that is	6779
developed and approved by the nationwide mortgage licensing system	6780
and registry and administered by a test provider approved by the	6781
nationwide mortgage licensing system and registry based upon	6782
reasonable standards.	6783

~~(1)~~(A) The test shall adequately measure the applicant's	6784
knowledge and comprehension in appropriate subject matters,	6785
including ethics and federal and state law related to mortgage	6786
origination, fraud, consumer protection, the nontraditional	6787
mortgage marketplace, and fair lending issues.	6788

~~(2)~~(B) An individual shall not be considered to have passed	6789
the test unless the individual ~~achieves a test score of~~answers at	6790
least seventy-five per cent ~~correct answers on all~~of the	6791
questions ~~and at least seventy-five per cent correct answers on~~	6792
~~all questions relating to Ohio mortgage lending laws and the Ohio~~	6793
~~consumer sales practices act, Chapter 1345. of the Revised Code,~~	6794
~~as it applies to registrants and licensees~~correctly.	6795

~~(3)~~(C) An individual may retake the test three consecutive	6796
times provided the period between taking the tests is at least	6797
thirty days.	6798

~~(4)~~(D) After failing three consecutive tests, an individual	6799
shall be required to wait at least six months before taking the	6800
test again.	6801

~~(5)~~(E) If a mortgage loan originator fails to maintain a	6802
valid license for a period of five years or longer, the individual	6803
shall be required to retake the test. For this purpose, any time	6804
during which the individual is a registered mortgage loan	6805
originator shall not be taken into account.	6806

~~(B) Notwithstanding division (A) of this section, if the~~	6807
~~nationwide mortgage licensing system and registry fails to have in~~	6808
~~place a testing process that meets the criteria set forth in that~~	6809
~~division, the superintendent shall require, until that process is~~	6810
~~in place, evidence that the mortgage loan originator applicant~~	6811
~~passed a written test acceptable to the superintendent.~~	6812

Sec. 1321.55. (A) Every registrant shall keep records	6813
pertaining to loans made under sections 1321.51 to 1321.60 of the	6814
Revised Code. Such records shall be segregated from records	6815
pertaining to transactions that are not subject to these sections	6816
of the Revised Code. Every registrant shall preserve records	6817
pertaining to loans made under sections 1321.51 to 1321.60 of the	6818
Revised Code for at least two years after making the final entry	6819
on such records. Accounting systems maintained in whole or in part	6820
by mechanical or electronic data processing methods that provide	6821
information equivalent to that otherwise required are acceptable	6822
for this purpose. At least once each eighteen-month cycle, the	6823
division of financial institutions shall make or cause to be made	6824
an examination of records pertaining to loans made under sections	6825
1321.51 to 1321.60 of the Revised Code, for the purpose of	6826
determining whether the registrant is complying with these	6827
sections and of verifying the registrant's annual report.	6828

(B)(1) As required by the superintendent of financial	6829
institutions, each registrant shall file with the division each	6830
year aan annual report under oath or affirmation, on forms	6831
supplied by the division, concerning the business and operations	6832
for the preceding calendar year. Whenever a registrant operates	6833
two or more registered offices or whenever two or more affiliated	6834
registrants operate registered offices, then a composite report of	6835
the group of registered offices may be filed in lieu of individual	6836
reports. For purposes of compliance with this requirement, the	6837
superintendent may accept call reports or other reports of	6838
condition submitted to the nationwide mortgage licensing system	6839
and registry in lieu of the annual report.	6840

(2) The ~~division~~superintendent shall publish annually an	6841
analysis of the information required under ~~division~~divisions	6842
(B)(1) and (3) of this section, but the individual reports,	6843
whether filed with the superintendent or the nationwide mortgage	6844
licensing system and registry, shall not be public records and	6845
shall not be open to public inspection.	6846

(3) Each mortgage licensee shall submit to the nationwide	6847
mortgage licensing system and registry call reports or other	6848
reports of condition, which shall be in such form and shall	6849
contain such information as the nationwide mortgage licensing	6850
system and registry may require.	6851

(C)(1) The following information is confidential:

6852

(a) Examination information, and any information leading to	6853
or arising from an examination;	6854

(b) Investigation information, and any information arising	6855
from or leading to an investigation.	6856

(2) The information described in division (C)(1) of this	6857
section shall remain confidential for all purposes except when it	6858
is necessary for the superintendent to take official action	6859
regarding the affairs of a registrant or licensee, or in	6860
connection with criminal or civil proceedings to be initiated by a	6861
prosecuting attorney or the attorney general. This information may	6862
also be introduced into evidence or disclosed when and in the	6863
manner authorized by section 1181.25 of the Revised Code.	6864

(D) All application information, except social security	6865
numbers, employer identification numbers, financial account	6866
numbers, the identity of the institution where financial accounts	6867
are maintained, personal financial information, fingerprint cards	6868
and the information contained on such cards, and criminal	6869
background information, is a public record as defined in section	6870
149.43 of the Revised Code.	6871

(E) This section does not prevent the division of financial	6872
institutions from releasing to or exchanging with other financial	6873
institution regulatory authorities information relating to	6874
registrants and licensees. For this purpose, a "financial	6875
institution regulatory authority" includes a regulator of a	6876
business activity in which a registrant or licensee is engaged, or	6877
has applied to engage in, to the extent that the regulator has	6878
jurisdiction over a registrant or licensee engaged in that	6879
business activity. A registrant or licensee is engaged in a	6880
business activity, and a regulator of that business activity has	6881
jurisdiction over the registrant or licensee, whether the	6882
registrant or licensee conducts the activity directly or a	6883
subsidiary or affiliate of the registrant or licensee conducts the	6884
activity.	6885

(1) Any confidentiality or privilege arising under federal or	6886
state law with respect to any information or material provided to	6887
the nationwide mortgage licensing system and registry shall	6888
continue to apply to the information or material after the	6889
information or material has been provided to the nationwide	6890
mortgage licensing system and registry. The information and	6891
material so provided may be shared with all state and federal	6892
regulatory officials with mortgage industry oversight authority	6893
without the loss of confidentiality or privilege protections	6894
provided by federal law or the law of any state. Information or	6895
material described in division (E)(1) of this section to which	6896
confidentiality or privilege applies shall not be subject to any	6897
of the following:	6898

(a) Disclosure under any federal or state law governing	6899
disclosure to the public of information held by an officer or an	6900
agency of the federal government or of the respective state;	6901

(b) Subpoena or discovery, or admission into evidence, in any	6902
private civil action or administrative process, unless the person	6903
to whom such information or material pertains waives, in whole or	6904
in part and at the discretion of the person, any privilege held by	6905
the nationwide mortgage licensing system and registry with respect	6906
to that information or material.	6907

(2) The superintendent, in order to promote more effective	6908
regulation and reduce regulatory burden through supervisory	6909
information sharing, may enter into sharing arrangements with	6910
other governmental agencies, the conference of state bank	6911
supervisors, and the American association of residential mortgage	6912
regulators.	6913

(3) Any state law, including section 149.43 of the Revised	6914
Code, relating to the disclosure of confidential supervisory	6915
information or any information or material described in division	6916
(C)(1) or (E)(1) of this section that is inconsistent with this	6917
section shall be superseded by the requirements of this section.	6918

(F) This section shall not apply with respect to information	6919
or material relating to the employment history of, and publicly	6920
adjudicated disciplinary and enforcement actions against, mortgage	6921
loan originators that is included in the nationwide mortgage	6922
licensing system and registry for access by the public.	6923

(G) This section does not prevent the division from releasing	6924
information relating to registrants and licensees to the attorney	6925
general, to the superintendent of real estate and professional	6926
licensing for purposes relating to the administration of Chapters	6927
4735. and 4763. of the Revised Code, to the superintendent of	6928
insurance for purposes relating to the administration of Chapter	6929
3953. of the Revised Code, to the commissioner of securities for	6930
purposes relating to the administration of Chapter 1707. of the	6931
Revised Code, or to local law enforcement agencies and local	6932
prosecutors. Information the division releases pursuant to this	6933
section remains confidential.	6934

(H) The superintendent of financial institutions shall, by	6935
rule adopted in accordance with Chapter 119. of the Revised Code,	6936
establish a process by which mortgage loan originators may	6937
challenge information provided to the nationwide mortgage	6938
licensing system and registry by the superintendent.	6939

(I) No person, in connection with any examination or	6940
investigation conducted by the superintendent under sections	6941
1321.51 to 1321.60 of the Revised Code, shall knowingly do any of	6942
the following:	6943

(1) Circumvent, interfere with, obstruct, or fail to	6944
cooperate, including making a false or misleading statement,	6945
failing to produce records, or intimidating or suborning any	6946
witness;	6947

(2) Withhold, abstract, remove, mutilate, destroy, or secrete	6948
any books, records, computer records, or other information;	6949

(3) Tamper with, alter, or manufacture any evidence.

6950

Sec. 1322.03. (A) An application for a certificate of	6951
registration as a mortgage broker shall be in writing, under oath,	6952
and in the form prescribed by the superintendent of financial	6953
institutions. The application shall be accompanied by a	6954
nonrefundable application fee of five hundred dollars for each	6955
location of an office to be maintained by the applicant in	6956
accordance with division (A) of section 1322.02 of the Revised	6957
Code and any additional fee required by the nationwide mortgage	6958
licensing system and registry. The application shall provide all	6959
of the following:	6960

(1) The location or locations where the business is to be	6961
transacted and whether any location is a residence. If any	6962
location where the business is to be transacted is a residence,	6963
the superintendent may require that the application be accompanied	6964
by a copy of a zoning permit authorizing the use of the residence	6965
for commercial purposes, or by a written opinion or other document	6966
issued by the county or political subdivision where the residence	6967
is located certifying that the use of the residence to transact	6968
business as a mortgage broker is not prohibited by the county or	6969
political subdivision.	6970

(2)(a) In the case of a sole proprietor, the name and address	6971
of the sole proprietor;	6972

(b) In the case of a partnership, the name and address of	6973
each partner;	6974

(c) In the case of a corporation, the name and address of	6975
each shareholder owning five per cent or more of the corporation;	6976

(d) In the case of any other entity, the name and address of	6977
any person that owns five per cent or more of the entity that will	6978
transact business as a mortgage broker.	6979

(3) Each applicant shall designate an employee or owner of	6980
the applicant as the applicant's operations manager. While acting	6981
as the operations manager, the employee or owner shall be licensed	6982
as a loan originator under sections 1322.01 to 1322.12 of the	6983
Revised Code and shall not be employed by any other mortgage	6984
broker.	6985

(4) Evidence that the person designated on the application	6986
pursuant to division (A)(3) of this section possesses at least	6987
three years of experience in the residential mortgage and lending	6988
field, which experience may include employment with or as a	6989
mortgage broker or with a depository institution, mortgage lending	6990
institution, or other lending institution, or possesses at least	6991
three years of other experience related specifically to the	6992
business of residential mortgage loans that the superintendent	6993
determines meets the requirements of division (A)(4) of this	6994
section;	6995

(5) Evidence that the person designated on the application	6996
pursuant to division (A)(3) of this section has successfully	6997
completed the pre-licensing instruction requirements set forth in	6998
section 1322.031 of the Revised Code;	6999

(6) Evidence of compliance with the surety bond requirements	7000
of section 1322.05 of the Revised Code and with sections 1322.01	7001
to 1322.12 of the Revised Code;	7002

(7) In the case of a foreign business entity, evidence that	7003
it maintains a license or registration pursuant to Chapter 1703.,	7004
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to	7005
transact business in this state;	7006

(8) Evidence that the applicant's operations manager has	7007
successfully completed the written test required ~~under division~~	7008
~~(A) of~~by section 1322.051 of the Revised Code;	7009

(9) Any further information that the superintendent requires.

7010

(B) Upon the filing of the application and payment of the	7011
nonrefundable application fee and any fee required by the	7012
nationwide mortgage licensing system and registry, the	7013
superintendent of financial institutions shall investigate the	7014
applicant, and any individual whose identity is required to be	7015
disclosed in the application, as set forth in division (B) of this	7016
section.	7017

(1)(a) Notwithstanding division (K) of section 121.08 of the	7018
Revised Code, the superintendent shall obtain a criminal history	7019
records check and, as part of that records check, request that	7020
criminal record information from the federal bureau of	7021
investigation be obtained. To fulfill this requirement, the	7022
superintendent shall do either of the following:	7023

(i) Request the superintendent of the bureau of criminal	7024
identification and investigation, or a vendor approved by the	7025
bureau, to conduct a criminal records check based on the	7026
applicant's fingerprints or, if the fingerprints are unreadable,	7027
based on the applicant's social security number, in accordance	7028
with division (A)(12) of section 109.572 of the Revised Code;	7029

(ii) Authorize the nationwide mortgage licensing system and	7030
registry to request a criminal history background check.	7031

(b) Any fee required under division (C)(3) of section 109.572	7032
of the Revised Code or by the nationwide mortgage licensing system	7033
and registry shall be paid by the applicant.	7034

(2) The superintendent shall conduct a civil records check.

7035

(3) If, in order to issue a certificate of registration to an	7036
applicant, additional investigation by the superintendent outside	7037
this state is necessary, the superintendent may require the	7038
applicant to advance sufficient funds to pay the actual expenses	7039
of the investigation, if it appears that these expenses will	7040
exceed five hundred dollars. The superintendent shall provide the	7041
applicant with an itemized statement of the actual expenses that	7042
the applicant is required to pay.	7043

(C) The superintendent shall pay all funds advanced and	7044
application and renewal fees and penalties the superintendent	7045
receives pursuant to this section and section 1322.04 of the	7046
Revised Code to the treasurer of state to the credit of the	7047
consumer finance fund created in section 1321.21 of the Revised	7048
Code.	7049

(D) If an application for a mortgage broker certificate of	7050
registration does not contain all of the information required	7051
under division (A) of this section, and if that information is not	7052
submitted to the superintendent or to the nationwide mortgage	7053
licensing system and registry within ninety days after the	7054
superintendent or the nationwide mortgage licensing system and	7055
registry requests the information in writing, including by	7056
electronic transmission or facsimile, the superintendent may	7057
consider the application withdrawn.	7058

(E) A mortgage broker certificate of registration and the	7059
authority granted under that certificate is not transferable or	7060
assignable and cannot be franchised by contract or any other	7061
means.	7062

(F) The registration requirements of this chapter apply to	7063
any person acting as a mortgage broker, and no person is exempt	7064
from the requirements of this chapter on the basis of prior work	7065
or employment as a mortgage broker.	7066

(G) The superintendent may establish relationships or enter	7067
into contracts with the nationwide mortgage licensing system and	7068
registry, or any entities designated by it, to collect and	7069
maintain records and process transaction fees or other fees	7070
related to mortgage broker certificates of registration or the	7071
persons associated with a mortgage broker.	7072

Sec. 1322.031. (A) An application for a license as a loan	7073
originator shall be in writing, under oath, and in the form	7074
prescribed by the superintendent of financial institutions. The	7075
application shall be accompanied by a nonrefundable application	7076
fee of one hundred fifty dollars and any additional fee required	7077
by the nationwide mortgage licensing system and registry.	7078

(B)(1) The application shall provide evidence, acceptable to	7079
the superintendent, that the applicant has successfully completed	7080
at least twenty-four hours of pre-licensing instruction consisting	7081
of all of the following:	7082

(a) Twenty hours of instruction in a course or program of	7083
study reviewed and approved by the nationwide mortgage licensing	7084
system and registry;	7085

(b) Four hours of instruction in a course or program of study	7086
reviewed and approved by the superintendent concerning state	7087
lending laws and the Ohio consumer sales practices act, Chapter	7088
1345. of the Revised Code, as it applies to registrants and	7089
licensees.	7090

(2) Notwithstanding division (B)(1) of this section, until	7091
the nationwide mortgage licensing system and registry implements a	7092
review and approval program, the application shall provide	7093
evidence, as determined by the superintendent, that the applicant	7094
has successfully completed at least twenty-four hours of	7095
instruction in a course or program of study approved by the	7096
superintendent that consists of at least all of the following:	7097

(a) Four hours of instruction concerning state and federal	7098
mortgage lending laws, which shall include no less than two hours	7099
on this chapter;	7100

(b) Four hours of instruction concerning the Ohio consumer	7101
sales practices act, Chapter 1345. of the Revised Code, as it	7102
applies to registrants and licensees;	7103

(c) Four hours of instruction concerning the loan application	7104
process;	7105

(d) Two hours of instruction concerning the underwriting	7106
process;	7107

(e) Two hours of instruction concerning the secondary market	7108
for mortgage loans;	7109

(f) Four hours of instruction concerning the loan closing	7110
process;	7111

(g) Two hours of instruction covering basic mortgage	7112
financing concepts and terms;	7113

(h) Two hours of instruction concerning the ethical	7114
responsibilities of a registrant and a licensee, including with	7115
respect to confidentiality, consumer counseling, and the duties	7116
and standards of care created in section 1322.081 of the Revised	7117
Code.	7118

(3) For purposes of division (B)(1)(a) of this section, the	7119
review and approval of a course or program of study includes the	7120
review and approval of the provider of the course or program of	7121
study.	7122

(4) If an applicant held a valid loan originator license	7123
issued by this state at any time during the immediately preceding	7124
five-year period, the applicant shall not be required to complete	7125
any additional pre-licensing instruction. For this purpose, any	7126
time during which the individual is a registered loan originator	7127
shall not be taken into account.	7128

(5) A person having successfully completed the pre-licensing	7129
education requirement reviewed and approved by the nationwide	7130
mortgage licensing system and registry for any state within the	7131
previous five years shall be granted credit toward completion of	7132
the pre-licensing education requirement of this state.	7133

(C) In addition to the information required under division	7134
(B) of this section, the application shall provide both of the	7135
following:	7136

(1) Evidence that the applicant passed a written test that	7137
meets the requirements described in ~~division (B) of~~ section	7138
1322.051 of the Revised Code;	7139

(2) Any further information that the superintendent requires.

7140

(D) Upon the filing of the application and payment of the	7141
application fee and any fee required by the nationwide mortgage	7142
licensing system and registry, the superintendent of financial	7143
institutions shall investigate the applicant as set forth in	7144
division (D) of this section.	7145

(1)(a) Notwithstanding division (K) of section 121.08 of the	7146
Revised Code, the superintendent shall obtain a criminal history	7147
records check and, as part of the records check, request that	7148
criminal record information from the federal bureau of	7149
investigation be obtained. To fulfill this requirement, the	7150
superintendent shall do either of the following:	7151

(i) Request the superintendent of the bureau of criminal	7152
identification and investigation, or a vendor approved by the	7153
bureau, to conduct a criminal records check based on the	7154
applicant's fingerprints or, if the fingerprints are unreadable,	7155
based on the applicant's social security number, in accordance	7156
with division (A)(12) of section 109.572 of the Revised Code;	7157

(ii) Authorize the nationwide mortgage licensing system and	7158
registry to request a criminal history background check.	7159

(b) Any fee required under division (C)(3) of section 109.572	7160
of the Revised Code or by the nationwide mortgage licensing system	7161
and registry shall be paid by the applicant.	7162

(2) The superintendent shall conduct a civil records check.

7163

(3) If, in order to issue a license to an applicant,	7164
additional investigation by the superintendent outside this state	7165
is necessary, the superintendent may require the applicant to	7166
advance sufficient funds to pay the actual expenses of the	7167
investigation, if it appears that these expenses will exceed one	7168
hundred fifty dollars. The superintendent shall provide the	7169
applicant with an itemized statement of the actual expenses that	7170
the applicant is required to pay.	7171

(E)(1) In connection with applying for a loan originator	7172
license, the applicant shall furnish to the nationwide mortgage	7173
licensing system and registry the following information concerning	7174
the applicant's identity:	7175

(a) The applicant's fingerprints for submission to the	7176
federal bureau of investigation, and any other governmental agency	7177
or entity authorized to receive such information, for purposes of	7178
a state, national, and international criminal history background	7179
check;	7180

(b) Personal history and experience in a form prescribed by	7181
the nationwide mortgage licensing system and registry, along with	7182
authorization for the superintendent and the nationwide mortgage	7183
licensing system and registry to obtain the following:	7184

(i) An independent credit report from a consumer reporting	7185
agency;	7186

(ii) Information related to any administrative, civil, or	7187
criminal findings by any governmental jurisdiction.	7188

(2) In order to effectuate the purposes of divisions	7189
(E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent	7190
may use the conference of state bank supervisors, or a wholly	7191
owned subsidiary, as a channeling agent for requesting information	7192
from and distributing information to the United States department	7193
of justice or any other governmental agency. The superintendent	7194
may also use the nationwide mortgage licensing system and registry	7195
as a channeling agent for requesting information from and	7196
distributing information to any source related to matters subject	7197
to those divisions of this section.	7198

(F) The superintendent shall pay all funds advanced and	7199
application and renewal fees and penalties the superintendent	7200
receives pursuant to this section and section 1322.041 of the	7201
Revised Code to the treasurer of state to the credit of the	7202
consumer finance fund created in section 1321.21 of the Revised	7203
Code.	7204

(G) If an application for a loan originator license does not	7205
contain all of the information required under this section, and if	7206
that information is not submitted to the superintendent or to the	7207
nationwide mortgage licensing system and registry within ninety	7208
days after the superintendent or the nationwide mortgage licensing	7209
system and registry requests the information in writing, including	7210
by electronic transmission or facsimile, the superintendent may	7211
consider the application withdrawn.	7212

(H)(1) The business of a loan originator shall principally be	7213
transacted at an office of the mortgage broker with whom the	7214
licensee is employed or associated, which office is registered in	7215
accordance with division (A) of section 1322.02 of the Revised	7216
Code. Each original loan originator license shall be deposited	7217
with and maintained by the mortgage broker at the mortgage	7218
broker's main office. A copy of the license shall be maintained	7219
and displayed at the office where the loan originator principally	7220
transacts business.	7221

(2) If a loan originator's employment or association is	7222
terminated for any reason, the mortgage broker shall return the	7223
original loan originator license to the superintendent within five	7224
business days after the termination. The licensee may request the	7225
transfer of the license to another mortgage broker by submitting a	7226
transfer application, along with a fifteen dollar fee and any fee	7227
required by the national mortgage licensing system and registry,	7228
to the superintendent or may request the superintendent in writing	7229
to hold the license in escrow. Any licensee whose license is held	7230
in escrow shall cease activity as a loan originator. A licensee	7231
whose license is held in escrow shall be required to apply for	7232
renewal annually and to comply with the annual continuing	7233
education requirement.	7234

(3) A mortgage broker may employ or be associated with a loan	7235
originator on a temporary basis pending the transfer of the loan	7236
originator's license to the mortgage broker, if the mortgage	7237
broker receives written confirmation from the superintendent that	7238
the loan originator is licensed under sections 1322.01 to 1322.12	7239
of the Revised Code.	7240

(4) Notwithstanding divisions (H)(1) to (3) of this section,	7241
if a licensee is employed by or associated with a person or entity	7242
listed in division (G)(2) of section 1322.01 of the Revised Code,	7243
all of the following apply:	7244

(a) The licensee shall maintain and display the original loan	7245
originator license at the office where the licensee principally	7246
transacts business;	7247

(b) If the loan originator's employment or association is	7248
terminated, the loan originator shall return the original loan	7249
originator license to the superintendent within five business days	7250
after termination. The licensee may request the transfer of the	7251
license to a mortgage broker or another person or entity listed in	7252
division (G)(2) of section 1322.01 of the Revised Code by	7253
submitting a transfer application, along with a fifteen-dollar fee	7254
and any fee required by the national mortgage licensing system and	7255
registry, to the superintendent or may request the superintendent	7256
in writing to hold the license in escrow. A licensee whose license	7257
is held in escrow shall cease activity as a loan originator. A	7258
licensee whose license is held in escrow shall be required to	7259
apply for renewal annually and to comply with the annual	7260
continuing education requirement.	7261

(c) The licensee may seek to be employed or associated with a	7262
mortgage broker or person or entity listed in division (G)(2) of	7263
section 1322.01 of the Revised Code if the mortgage broker or	7264
person or entity receives written confirmation from the	7265
superintendent that the loan originator is licensed under sections	7266
1322.01 to 1322.12 of the Revised Code.	7267

(I) The superintendent may establish relationships or enter	7268
into contracts with the nationwide mortgage licensing system and	7269
registry, or any entities designated by it, to collect and	7270
maintain records and process transaction fees or other fees	7271
related to loan originator licenses or the persons associated with	7272
a licensee.	7273

(J) A loan originator license, or the authority granted under	7274
that license, is not assignable and cannot be franchised by	7275
contract or any other means.	7276

Sec. 1322.04. (A) Upon the conclusion of the investigation	7277
required under division (B) of section 1322.03 of the Revised	7278
Code, the superintendent of financial institutions shall issue a	7279
certificate of registration to the applicant if the superintendent	7280
finds that the following conditions are met:	7281

(1) The application is accompanied by the application fee and	7282
any fee required by the nationwide mortgage licensing system and	7283
registry.	7284

(a) If a check or other draft instrument is returned to the	7285
superintendent for insufficient funds, the superintendent shall	7286
notify the applicant by certified mail, return receipt requested,	7287
that the application will be withdrawn unless the applicant,	7288
within thirty days after receipt of the notice, submits the	7289
application fee and a one-hundred-dollar penalty to the	7290
superintendent. If the applicant does not submit the application	7291
fee and penalty within that time period, or if any check or other	7292
draft instrument used to pay the fee or penalty is returned to the	7293
superintendent for insufficient funds, the application shall be	7294
withdrawn.	7295

(b) If a check or other draft instrument is returned to the	7296
superintendent for insufficient funds after the certificate of	7297
registration has been issued, the superintendent shall notify the	7298
registrant by certified mail, return receipt requested, that the	7299
certificate of registration issued in reliance on the check or	7300
other draft instrument will be canceled unless the registrant,	7301
within thirty days after receipt of the notice, submits the	7302
application fee and a one-hundred-dollar penalty to the	7303
superintendent. If the registrant does not submit the application	7304
fee and penalty within that time period, or if any check or other	7305
draft instrument used to pay the fee or penalty is returned to the	7306
superintendent for insufficient funds, the certificate of	7307
registration shall be canceled immediately without a hearing, and	7308
the registrant shall cease activity as a mortgage broker.	7309

(2) If the application is for a location that is a residence,	7310
evidence that the use of the residence to transact business as a	7311
mortgage broker is not prohibited.	7312

(3) The person designated on the application pursuant to	7313
division (A)(3) of section 1322.03 of the Revised Code meets the	7314
experience requirements provided in division (A)(4) of section	7315
1322.03 of the Revised Code and the education requirements set	7316
forth in division (A)(5) of section 1322.03 of the Revised Code.	7317

(4) The applicant maintains all necessary filings and	7318
approvals required by the secretary of state.	7319

(5) The applicant complies with the surety bond requirements	7320
of section 1322.05 of the Revised Code.	7321

(6) The applicant complies with sections 1322.01 to 1322.12	7322
of the Revised Code and the rules adopted thereunder.	7323

(7) Neither the applicant nor any person whose identity is	7324
required to be disclosed on an application for a mortgage broker	7325
certificate of registration has had a mortgage broker certificate	7326
of registration or loan originator license, or any comparable	7327
authority, revoked in any governmental jurisdiction or has pleaded	7328
guilty or nolo contendere to or been convicted of any of the	7329
following in a domestic, foreign, or military court:	7330

(a) During the seven-year period immediately preceding the	7331
date of application for the certificate of registration, a	7332
misdemeanor involving theft or any felony;	7333

(b) At any time prior to the date the application for the	7334
certificate of registration is approved, a felony involving an act	7335
of fraud, dishonesty, a breach of trust, theft, or money	7336
laundering.	7337

(8) Based on the totality of the circumstances and	7338
information submitted in the application, the applicant has proven	7339
to the superintendent, by a preponderance of the evidence, that	7340
the applicant is of good business repute, appears qualified to act	7341
as a mortgage broker, has fully complied with sections 1322.01 to	7342
1322.12 of the Revised Code and the rules adopted thereunder, and	7343
meets all of the conditions for issuing a mortgage broker	7344
certificate of registration.	7345

(9) The applicant's operations manager successfully completed	7346
the examination required ~~under division (A) of~~by section 1322.051	7347
of the Revised Code.	7348

(10) The applicant's financial responsibility, experience,	7349
character, and general fitness command the confidence of the	7350
public and warrant the belief that the business will be operated	7351
honestly and fairly in compliance with the purposes of sections	7352
1322.01 to 1322.12 of the Revised Code and the rules adopted	7353
thereunder. The superintendent shall not use a credit score as the	7354
sole basis for registration denial.	7355

(B) For purposes of determining whether an applicant that is	7356
a partnership, corporation, or other business entity or	7357
association has met the conditions set forth in divisions (A)(7),	7358
(A)(8), and (A)(10) of this section, the superintendent shall	7359
determine which partners, shareholders, or persons named in the	7360
application pursuant to division (A)(2) of section 1322.03 of the	7361
Revised Code must meet the conditions set forth in divisions	7362
(A)(7), (A)(8), and (A)(10) of this section. This determination	7363
shall be based on the extent and nature of the partner's,	7364
shareholder's, or person's ownership interest in the partnership,	7365
corporation, or other business entity or association that is the	7366
applicant and on whether the person is in a position to direct,	7367
control, or adversely influence the operations of the applicant.	7368

(C) The certificate of registration issued pursuant to	7369
division (A) of this section may be renewed annually on or before	7370
the thirty-first day of December if the superintendent finds that	7371
all of the following conditions are met:	7372

(1) The renewal application is accompanied by a nonrefundable	7373
renewal fee of five hundred dollars for each location of an office	7374
to be maintained by the applicant in accordance with division (A)	7375
of section 1322.02 of the Revised Code and any fee required by the	7376
nationwide mortgage licensing system and registry. If a check or	7377
other draft instrument is returned to the superintendent for	7378
insufficient funds, the superintendent shall notify the registrant	7379
by certified mail, return receipt requested, that the certificate	7380
of registration renewed in reliance on the check or other draft	7381
instrument will be canceled unless the registrant, within thirty	7382
days after receipt of the notice, submits the renewal fee and a	7383
one-hundred-dollar penalty to the superintendent. If the	7384
registrant does not submit the renewal fee and penalty within that	7385
time period, or if any check or other draft instrument used to pay	7386
the fee or penalty is returned to the superintendent for	7387
insufficient funds, the certificate of registration shall be	7388
canceled immediately without a hearing and the registrant shall	7389
cease activity as a mortgage broker.	7390

(2) The operations manager designated under division (A)(3)	7391
of section 1322.03 of the Revised Code has completed, at least	7392
eight hours of continuing education as required under section	7393
1322.052 of the Revised Code.	7394

(3) The applicant meets the conditions set forth in divisions	7395
(A)(2) to (10) of this section.	7396

(4) The applicant's mortgage broker certificate of	7397
registration is not subject to an order of suspension or an unpaid	7398
and past due fine imposed by the superintendent.	7399

(D)(1) Subject to division (D)(2) of this section, if a	7400
renewal fee or additional fee required by the nationwide mortgage	7401
licensing system and registry is received by the superintendent	7402
after the thirty-first day of December, the mortgage broker	7403
certificate of registration shall not be considered renewed, and	7404
the applicant shall cease activity as a mortgage broker.	7405

(2) Division (D)(1) of this section shall not apply if the	7406
applicant, no later than the thirty-first day of January, submits	7407
the renewal fee or additional fee and a one-hundred-dollar penalty	7408
to the superintendent.	7409

(E) If the person designated as the operations manager	7410
pursuant to division (A)(3) of section 1322.03 of the Revised Code	7411
is no longer the operations manager, the registrant shall do all	7412
of the following:	7413

(1) Within ninety days after the departure of the designated	7414
operations manager, designate another person as the operations	7415
manager;	7416

(2) Within ten days after the designation described in	7417
division (E)(1) of this section, notify the superintendent in	7418
writing of the designation;	7419

(3) Submit any additional information that the superintendent	7420
requires to establish that the newly designated operations manager	7421
complies with the requirements set forth in section 1322.03 of the	7422
Revised Code.	7423

(F) The registrant shall cease operations if it is without an	7424
operations manager approved by the superintendent for more than	7425
one hundred eighty days unless otherwise authorized in writing by	7426
the superintendent due to exigent circumstances.	7427

(G) Mortgage broker certificates of registration issued on or	7428
after May 1, 2010, annually expire on the thirty-first day of	7429
December.	7430

Sec. 1322.041. (A) Upon the conclusion of the investigation	7431
required under division (D) of section 1322.031 of the Revised	7432
Code, the superintendent of financial institutions shall issue a	7433
loan originator license to the applicant if the superintendent	7434
finds that the following conditions are met:	7435

(1) The application is accompanied by the application fee and	7436
any fee required by the nationwide mortgage licensing system and	7437
registry.	7438

(a) If a check or other draft instrument is returned to the	7439
superintendent for insufficient funds, the superintendent shall	7440
notify the applicant by certified mail, return receipt requested,	7441
that the application will be withdrawn unless the applicant,	7442
within thirty days after receipt of the notice, submits the	7443
application fee and a one-hundred-dollar penalty to the	7444
superintendent. If the applicant does not submit the application	7445
fee and penalty within that time period, or if any check or other	7446
draft instrument used to pay the fee or penalty is returned to the	7447
superintendent for insufficient funds, the application shall be	7448
withdrawn.	7449

(b) If a check or other draft instrument is returned to the	7450
superintendent for insufficient funds after the license has been	7451
issued, the superintendent shall notify the licensee by certified	7452
mail, return receipt requested, that the license issued in	7453
reliance on the check or other draft instrument will be canceled	7454
unless the licensee, within thirty days after receipt of the	7455
notice, submits the application fee and a one-hundred-dollar	7456
penalty to the superintendent. If the licensee does not submit the	7457
application fee and penalty within that time period, or if any	7458
check or other draft instrument used to pay the fee or penalty is	7459
returned to the superintendent for insufficient funds, the license	7460
shall be canceled immediately without a hearing, and the licensee	7461
shall cease activity as a loan originator.	7462

(2) The applicant complies with sections 1322.01 to 1322.12	7463
of the Revised Code and the rules adopted thereunder.	7464

(3) The applicant has not been convicted of or pleaded guilty	7465
or nolo contendere to any of the following in a domestic, foreign,	7466
or military court:	7467

(a) During the seven-year period immediately preceding the	7468
date of application for the license, a misdemeanor involving theft	7469
or any felony;	7470

(b) At any time prior to the date the application for the	7471
license is approved, a felony involving an act of fraud,	7472
dishonesty, a breach of trust, theft, or money laundering.	7473

(4) Based on the totality of the circumstances and	7474
information submitted in the application, the applicant has proven	7475
to the superintendent, by a preponderance of the evidence, that	7476
the applicant is of good business repute, appears qualified to act	7477
as a loan originator, has fully complied with sections 1322.01 to	7478
1322.12 of the Revised Code and the rules adopted thereunder, and	7479
meets all of the conditions for issuing a loan originator license.	7480

(5) The applicant successfully completed the written test	7481
required ~~under division (B) of~~by section 1322.051 of the Revised	7482
Code and completed the prelicensing instruction set forth in	7483
division (B) of section 1322.031 of the Revised Code.	7484

(6) The applicant's financial responsibility, character, and	7485
general fitness command the confidence of the public and warrant	7486
the belief that the business will be operated honestly and fairly	7487
in compliance with the purposes of sections 1322.01 to 1322.12 of	7488
the Revised Code. The superintendent shall not use a credit score	7489
as the sole basis for a license denial.	7490

(7) The applicant is in compliance with the surety bond	7491
requirements of section 1322.05 of the Revised Code.	7492

(8) The applicant has not had a loan originator license, or	7493
comparable authority, revoked in any governmental jurisdiction.	7494

(B) The license issued under division (A) of this section may	7495
be renewed annually on or before the thirty-first day of December	7496
if the superintendent finds that all of the following conditions	7497
are met:	7498

(1) The renewal application is accompanied by a nonrefundable	7499
renewal fee of one hundred fifty dollars and any fee required by	7500
the nationwide mortgage licensing system and registry. If a check	7501
or other draft instrument is returned to the superintendent for	7502
insufficient funds, the superintendent shall notify the licensee	7503
by certified mail, return receipt requested, that the license	7504
renewed in reliance on the check or other draft instrument will be	7505
canceled unless the licensee, within thirty days after receipt of	7506
the notice, submits the renewal fee and a one-hundred-dollar	7507
penalty to the superintendent. If the licensee does not submit the	7508
renewal fee and penalty within that time period, or if any check	7509
or other draft instrument used to pay the fee or penalty is	7510
returned to the superintendent for insufficient funds, the license	7511
shall be canceled immediately without a hearing, and the licensee	7512
shall cease activity as a loan originator.	7513

(2) The applicant has completed at least eight hours of	7514
continuing education as required under section 1322.052 of the	7515
Revised Code.	7516

(3) The applicant meets the conditions set forth in divisions	7517
(A)(2) to (8) of this section; provided, however, that an	7518
applicant who was issued a loan officer license prior to January	7519
1, 2010, and has continuously maintained that license shall not be	7520
required to meet the condition described in division (B)(1)(b) of	7521
section 1322.031 of the Revised Code.	7522

(4) The applicant's license is not subject to an order of	7523
suspension or an unpaid and past due fine imposed by the	7524
superintendent.	7525

(C)(1) Subject to division (C)(2) of this section, if a	7526
license renewal application or renewal fee, including any fee	7527
required by the nationwide mortgage licensing system and registry,	7528
is received by the superintendent after the thirty-first day of	7529
December, the license shall not be considered renewed, and the	7530
applicant shall cease activity as a loan originator.	7531

(2) Division (C)(1) of this section shall not apply if the	7532
applicant, no later than the thirty-first day of January, submits	7533
the renewal application and fees and a one-hundred-dollar penalty	7534
to the superintendent.	7535

(D) Loan originator licenses issued on or after May 1, 2010,	7536
annually expire on the thirty-first day of December.	7537

Sec. 1322.051. ~~(A)~~ Each person designated under division	7538
(A)(3) of section 1322.03 of the Revised Code to act as operations	7539
manager for a mortgage broker business ~~shall submit to a written~~	7540
~~test approved by the superintendent of financial institutions. An~~	7541
~~individual shall not be considered to have passed the written test~~	7542
~~unless the individual achieves a test score of at least~~	7543
~~seventy-five per cent correct answers to all questions.~~	7544

~~(B) Each~~and each applicant for a loan originator license	7545
shall submit to a written test that is developed and approved by	7546
the nationwide mortgage licensing system and registry and	7547
administered by a test provider approved by the nationwide	7548
mortgage licensing system and registry based on reasonable	7549
standards.	7550

~~(1)~~(A) The test shall adequately measure the designee's or	7551
applicant's knowledge and comprehension in appropriate subject	7552
areas, including ethics, federal and state law related to mortgage	7553
origination, fraud, consumer protection, and the nontraditional	7554
mortgage marketplace, and fair lending issues.	7555

~~(2)~~(B) An individual shall not be considered to have passed	7556
the written test unless the individual ~~achieves a test score of~~	7557
answers at least seventy-five per cent ~~correct answers on all~~of	7558
the questions ~~and at least seventy-five per cent correct answers~~	7559
~~on all questions relating to state mortgage lending laws and the~~	7560
~~Ohio consumer sales practices act, Chapter 1345. of the Revised~~	7561
~~Code, as it applies to registrants and licensees~~correctly.	7562

~~(3)~~(C) An individual may retake the test three consecutive	7563
times provided the period between taking the tests is at least	7564
thirty days. If an individual fails three consecutive tests, the	7565
individual shall be required to wait at least six months before	7566
taking the test again.	7567

~~(4)~~(D) If a loan originator fails to maintain a valid loan	7568
originator license for a period of five years or longer, the	7569
individual shall be required to retake the test.	7570

For this purpose, any time during which the individual is a	7571
registered loan originator shall not be taken into account.	7572

~~(C) Notwithstanding division (B) of this section, until the~~	7573
~~nationwide mortgage licensing system and registry implements a~~	7574
~~testing process that meets the criteria set forth in that~~	7575
~~division, the superintendent shall require each applicant to pass~~	7576
~~a written test acceptable to the superintendent.~~	7577

Sec. 1322.06. (A) As often as the superintendent of	7578
financial institutions considers it necessary, the superintendent	7579
may examine the registrant's or licensee's records, including all	7580
records created or processed by a licensee, pertaining to business	7581
transacted pursuant to sections 1322.01 to 1322.12 of the Revised	7582
Code.	7583

(B) A registrant or licensee shall maintain records	7584
pertaining to business transacted pursuant to sections 1322.01 to	7585
1322.12 of the Revised Code, including copies of all mortgage loan	7586
origination disclosure statements prepared in accordance with	7587
section 1322.062 of the Revised Code, for four years. For purposes	7588
of this division, "registrant or licensee" includes any person	7589
whose certificate of registration or license is cancelled,	7590
surrendered, or revoked or who otherwise ceases to engage in	7591
business as a mortgage broker or loan originator.	7592

No registrant or licensee shall fail to comply with this	7593
division.	7594

(C) Each registrant and licensee shall submit to the	7595
nationwide mortgage licensing system and registry call reports or	7596
other reports of condition, which reports shall be in such form	7597
and shall contain such information as the nationwide mortgage	7598
licensing system and registry may require.	7599

(D)(1) As required by the superintendent, each registrant	7600
shall file with the division of financial institutions an annual	7601
report under oath or affirmation, on forms supplied by the	7602
division, concerning the business and operations of the registrant	7603
for the preceding calendar year. If a registrant operates two or	7604
more registered offices, or two or more affiliated registrants	7605
operate registered offices, a composite report of the group of	7606
registered offices may be filed in lieu of individual reports. For	7607
purposes of compliance with this requirement, the superintendent	7608
may accept call reports or other reports of condition submitted to	7609
the nationwide mortgage licensing system and registry in lieu of	7610
the annual report.	7611

(2) The ~~division~~superintendent shall publish annually an	7612
analysis of the information required under division (D)(1) of this	7613
section, but the individual reports, whether filed with the	7614
superintendent or the nationwide mortgage licensing system and	7615
registry, shall not be public records and shall not be open to	7616
public inspection or otherwise be subject to section 149.43 of the	7617
Revised Code.	7618

Sec. 1322.063. (A) In addition to the disclosures required	7619
under section 1322.062 of the Revised Code, a registrant or	7620
licensee shall, not ~~earlier~~later than three business days ~~nor~~	7621
~~later than twenty-four hours~~ before a loan is closed, deliver to	7622
the ~~buyer~~borrower a written disclosure that includes the	7623
following:	7624

(1) A statement indicating whether property taxes will be	7625
escrowed;	7626

(2) A description of what is covered by the regular monthly	7627
payment, including principal, interest, taxes, and insurance, as	7628
applicable.	7629

(B) A registrant or licensee shall disclose the information	7630
in division (A) of this section by delivering either the model	7631
form located on the web site of the division of financial	7632
institutions or the appropriate federal form that discloses	7633
substantially similar information as published in Appendix H of 12	7634
C.F.R. Part 1026, as amended.	7635

(C) No registrant or licensee shall fail to comply with this	7636
section.	7637

Sec. 1345.06. (A) If, by ~~his~~the attorney general's own	7638
inquiries or as a result of complaints, the attorney general has	7639
reasonable cause to believe that a person has engaged or is	7640
engaging in an act or practice that violates Chapter 1345. of the	7641
Revised Code, he may investigate.	7642

(B) For this purpose, the attorney general may administer	7643
oaths, subpoena witnesses, adduce evidence, and require the	7644
production of relevant matter.	7645

If matter that the attorney general requires to be produced	7646
is located outside the state, hethe attorney general may	7647
designate representatives, including officials of the state in	7648
which the matter is located, to inspect the matter on ~~his~~the	7649
attorney general's behalf, and hethe attorney general may respond	7650
to similar requests from officials of other states. The person	7651
subpoenaed may make the matter available to the attorney general	7652
at a convenient location within the state or pay the reasonable	7653
and necessary expenses for the attorney general or ~~his~~the	7654
attorney general's representative to examine the matter at the	7655
place where it is located, provided that expenses shall not be	7656
charged to a party not subsequently found to have engaged in an	7657
act or practice violative of Chapter 1345. of the Revised Code.	7658

(C) Within twenty days after a subpoena has been served, a	7659
person subpoenaed under this section may file a motion to extend	7660
the return day, or to modify or quash the subpoena, stating good	7661
cause, ~~may be filed~~ in the court of common pleas of Franklin	7662
county or ~~the~~any other county in ~~which the person served resides~~	7663
~~or has his principal place of business~~this state.	7664

(D) A person subpoenaed under this section shall comply with	7665
the terms of the subpoena, unless the parties agree to modify the	7666
terms of the subpoena or unless the court has modified or quashed	7667
the subpoena, extended the return day of the subpoena, or issued	7668
any other order with respect to the subpoena prior to its return	7669
day.	7670

If a person fails without lawful excuse to obey a subpoena or	7671
to produce relevant matter, the attorney general may apply to the	7672
court of common pleas of ~~the~~Franklin county or any other county	7673
in ~~which the person subpoenaed resides or has his principal place~~	7674
~~of business~~this state for an order compelling compliance.	7675

(E) The attorney general may request that an individual who	7676
refuses to testify or to produce relevant matter on the ground	7677
that the testimony or matter may incriminate ~~him~~the individual be	7678
ordered by the court to provide the testimony or matter. With the	7679
exception of a prosecution for perjury and an action for damages	7680
under section 1345.07 or 1345.09 of the Revised Code, an	7681
individual who complies with a court order to provide testimony or	7682
matter, after asserting a privilege against self-incrimination to	7683
which hethe individual is entitled by law, shall not be subjected	7684
to a criminal proceeding or to a civil penalty or forfeiture on	7685
the basis of the testimony or matter required to be disclosed or	7686
testimony or matter discovered through that testimony or matter.	7687

(F) The attorney general may:

7688

(1) During an investigation under this section, afford, in a	7689
manner considered appropriate to ~~him~~to the attorney general, a	7690
supplier an opportunity to cease and desist from any suspected	7691
violation. HeThe attorney general may suspend ~~his~~such an	7692
investigation during the time period that hethe attorney general	7693
permits the supplier to cease and desist; however, the suspension	7694
of the investigation or the affording of an opportunity to cease	7695
and desist shall not prejudice or prohibit any further	7696
investigation by the attorney general under this section.	7697

(2) Terminate an investigation under this section upon	7698
acceptance of a written assurance of voluntary compliance from a	7699
supplier who is suspected of a violation of this chapter.	7700

Acceptance of an assurance may be conditioned upon an	7701
undertaking to reimburse or to take other appropriate corrective	7702
action with respect to identifiable consumers damaged by an	7703
alleged violation of this chapter. An assurance of compliance	7704
given by a supplier is not evidence of violation of this chapter.	7705
The attorney general may, at any time, reopen an investigation	7706
terminated by the acceptance of an assurance of voluntary	7707
compliance, if hethe attorney general believes that further	7708
proceedings are in the public interest. Evidence of a violation of	7709
an assurance of voluntary compliance is prima-facie evidence of an	7710
act or practice in violation of this chapter, if presented after	7711
the violation in an action brought under this chapter. An	7712
assurance of voluntary compliance may be filed with the court and	7713
if approved by the court, entered as a consent judgment.	7714

(G) The procedures available to the attorney general under	7715
this section are cumulative and concurrent, and the exercise of	7716
one procedure by the attorney general does not preclude or require	7717
the exercise of any other procedure.	7718

Sec. 1711.50. As used in sections 1711.50 to 1711.57 of the	7719
Revised Code:	7720

(A) "Amusement ride" means any mechanical, aquatic, or	7721
inflatable device, or combination of those devices that carries or	7722
conveys passengers on, along, around, over, or through a fixed or	7723
restricted course or within a defined area for the purpose of	7724
providing amusement, pleasure, or excitement. "Amusement ride"	7725
includes carnival rides, bungee jumping facilities, and fair	7726
rides, but does not include passenger tramways as defined in	7727
section 4169.01 of the Revised Code or amusement rides operated	7728
solely at trade shows for a limited period of time. For purposes	7729
of this division ~~(A) of this section~~, "trade show" means a place	7730
of exhibition not open to the general public where amusement ride	7731
manufacturers display, promote, operate, and sell amusement rides	7732
to prospective purchasers.	7733

(B) "Temporary amusement ride" means an amusement ride that	7734
is relocated at least once per year with or without disassembly.	7735

(C) "Permanent amusement ride" means an amusement ride that	7736
is erected to remain a lasting part of the premises.	7737

(D) "Owner" means any person who owns or leases and controls	7738
or manages the operation of an amusement ride, and includes	7739
individuals, partnerships, corporations, both profit and	7740
nonprofit, and the state and any of its political subdivisions and	7741
their departments or agencies.	7742

(E) "Operation" means the use or operation, or both, of an	7743
amusement ride with riders.	7744

(F) "Rider" means any person who sits, stands, or is	7745
otherwise conveyed or carried as a passenger on an amusement ride,	7746
but does not include employees or agents of the owner of the	7747
amusement ride.	7748

(G) "Amusement ride operator" means any person causing the	7749
amusement ride to go, stop, or perform its function.	7750

(H) "Reassembly" means the installation, erection, or	7751
reconstruction of the main mechanical, safety, electrical, or	7752
electronic components of an amusement ride following	7753
transportation or storage and prior to operation. Replacement of	7754
mechanical, safety, electrical, or electronic components of an	7755
amusement ride for the purpose of repair or maintenance is not	7756
reassembly.	7757

(I) "Repair" means to restore an amusement ride to a	7758
condition equal to or better than original design specifications.	7759

(J) "Maintenance" means the preservation and upkeep of an	7760
amusement ride for the purpose of maintaining its designed	7761
operational capability.	7762

(K) "Inspection" means a physical examination of an amusement	7763
ride by an inspector for the purpose of approving the application	7764
for a permit. "Inspection" includes a reinspection.	7765

(L) "Accident" means an occurrence during the operation of an	7766
amusement ride ~~which~~that results in death or injury requiring	7767
immediate hospital admission.	7768

(M) "Serious injury" means an injury that does not require	7769
immediate hospital admission but does require medical treatment,	7770
other than first aid, by a physician.	7771

(N) "First aid" means the one-time treatment or subsequent	7772
observation of scratches, cuts not requiring stitches, burns,	7773
splinters, and contusions or a diagnostic procedure, including	7774
examinations and x-rays, ~~which~~that does not ordinarily require	7775
medical treatment even though provided by a physician or other	7776
licensed professional personnel.	7777

(O) "Advisory council" means the advisory council on	7778
amusement ride safety created by section 1711.51 of the Revised	7779
Code.	7780

(P) "Safe operation" means, except as provided in section	7781
1711.57 of the Revised Code, the practical application of	7782
maintenance, inspection, and operational processes, as indicated	7783
by the manufacturer, owner, or advisory council, that secures a	7784
rider from threat of physical danger, harm, or loss.	7785

(Q) "Private facility" means any facility that is accessible	7786
only to members of the facility and not accessible to the general	7787
public, even upon payment of a fee or charge, and that requires	7788
approval for membership by a membership committee representing the	7789
current members who have a policy requiring monetary payment to	7790
belong to the facility.	7791

(R) "Bungee jumping" means a fall or jump from a height by an	7792
individual who is attached to an elastic cord that prevents the	7793
individual from hitting the ground, water, or other solid,	7794
semi-solid, liquid, or elastic surface.	7795

(S) "Bungee jumping facility" means a device or structure	7796
utilized for bungee jumping.	7797

(T) "Kiddie ride" means an amusement ride designed for use by	7798
children under thirteen years of age who are unaccompanied by	7799
another person. "Kiddie ride" includes a roller coaster that is	7800
not more than forty feet in elevation at any point on the ride.	7801

Sec. 1711.53. (A)(1) No person shall operate an amusement	7802
ride within the state without a permit issued by the director of	7803
agriculture under division (A)(2) of this section. The owner of an	7804
amusement ride, whether the ride is a temporary amusement ride or	7805
a permanent amusement ride, who desires to operate the amusement	7806
ride within the state shall, prior to the operation of the	7807
amusement ride and annually thereafter, submit to the department	7808
of agriculture an application for a permit, together with the	7809
appropriate permit and inspection fee, on a form to be furnished	7810
by the department. Prior to issuing any permit the department	7811
shall, within thirty days after the date on which it receives the	7812
application, inspect each amusement ride described in the	7813
application. The owner of an amusement ride shall have the	7814
amusement ride ready for inspection not later than two hours after	7815
the time that is requested by the person for the inspection.	7816

(2) For each amusement ride found to comply with the rules	7817
adopted by the director under division (B) of this section and	7818
division (B) of section 1711.551 of the Revised Code, the director	7819
shall issue an annual permit, provided that evidence of liability	7820
insurance coverage for the amusement ride as required by section	7821
1711.54 of the Revised Code is on file with the department.	7822

(3) The director shall issue with each permit a decal	7823
indicating that the amusement ride has been issued the permit. The	7824
owner of the amusement ride shall affix the decal on the ride at a	7825
location where the decal is easily visible to the patrons of the	7826
ride. A copy of the permit shall be kept on file at the same	7827
address as the location of the amusement ride identified on the	7828
permit, and shall be made available for inspection, upon	7829
reasonable demand, by any person. An owner may operate an	7830
amusement ride prior to obtaining a permit, provided that the	7831
operation is for the purpose of testing the amusement ride or	7832
training amusement ride operators and other employees of the owner	7833
and the amusement ride is not open to the public.	7834

(B) The director, in accordance with Chapter 119. of the	7835
Revised Code, shall adopt rules providing for a schedule of fines,	7836
with no fine exceeding five thousand dollars, for violations of	7837
sections 1711.50 to 1711.57 of the Revised Code or any rules	7838
adopted under this division and for the classification of	7839
amusement rides and rules for the safe operation and inspection of	7840
all amusement rides as are necessary for amusement ride safety and	7841
for the protection of the general public. Rules adopted by the	7842
director for the safe operation and inspection of amusement rides	7843
shall be reasonable and based upon generally accepted engineering	7844
standards and practices. In adopting rules under this section, the	7845
director may adopt by reference, in whole or in part, the national	7846
fire code or the national electrical code (NEC) prepared by the	7847
national fire protection association, the standards of the	7848
American society for testing and materials (ASTM) or the American	7849
national standards institute (ANSI), or any other principles,	7850
tests, or standards of nationally recognized technical or	7851
scientific authorities. Insofar as is practicable and consistent	7852
with sections 1711.50 to 1711.57 of the Revised Code, rules	7853
adopted under this division shall be consistent with the rules of	7854
other states. The department shall cause sections 1711.50 to	7855
1711.57 of the Revised Code and the rules adopted in accordance	7856
with this division and division (B) of section 1711.551 of the	7857
Revised Code to be published in pamphlet form and a copy to be	7858
furnished without charge to each owner of an amusement ride who	7859
holds a current permit or is an applicant therefor.	7860

(C) With respect to an application for a permit for an	7861
amusement ride, an owner may apply to the director for a waiver or	7862
modification of any rule adopted under division (B) of this	7863
section if there are practical difficulties or unnecessary	7864
hardships for the amusement ride to comply with the rules. Any	7865
application shall set forth the reasons for the request. The	7866
director, with the approval of the advisory council on amusement	7867
ride safety, may waive or modify the application of a rule to any	7868
amusement ride if the public safety is secure. Any authorization	7869
by the director under this division shall be in writing and shall	7870
set forth the conditions under which the waiver or modification is	7871
authorized, and the department shall retain separate records of	7872
all proceedings under this division.	7873

(D)(1) The director shall employ and provide for training of	7874
a chief inspector and additional inspectors and employees as may	7875
be necessary to administer and enforce sections 1711.50 to 1711.57	7876
of the Revised Code. The director may appoint or contract with	7877
other persons to perform inspections of amusement rides, provided	7878
that the persons meet the qualifications for inspectors	7879
established by rules adopted under division (B) of this section	7880
and are not owners, or employees of owners, of any amusement ride	7881
subject to inspection under sections 1711.50 to 1711.57 of the	7882
Revised Code. No person shall inspect an amusement ride who,	7883
within six months prior to the date of inspection, was an employee	7884
of the owner of the ride.	7885

(2) Before the director contracts with other persons to	7886
inspect amusement rides, the director shall seek the advice of the	7887
advisory council on amusement ride safety on whether to contract	7888
with those persons. The advice shall not be binding upon the	7889
director. After having received the advice of the council, the	7890
director may proceed to contract with inspectors in accordance	7891
with the procedures specified in division (E)(2) of section	7892
1711.11 of the Revised Code.	7893

(3) With the advice and consent of the advisory council on	7894
amusement ride safety, the director may employ a special	7895
consultant to conduct an independent investigation of an amusement	7896
ride accident. This consultant need not be in the civil service of	7897
the state, but shall have qualifications to conduct the	7898
investigation acceptable to the council.	7899

(E)(1) Except as otherwise provided in division (E)(1) of	7900
this section, the department shall charge the following amusement	7901
ride fees:	7902

Permit		$	150	7903
Annual inspection and reinspection per ride:				7904
	Kiddie rides	$	100	7905
	Roller coaster	$	~~950~~ 1,200	7906
	Aerial lifts or bungee jumping facilities	$	450	7907
	Go karts, per kart	$	5	7908
	Inflatable rides, kiddie and adult	$	105	7909
	Other rides	$	160	7910
Midseason operational inspection per ride		$	25	7911
Expedited inspection per ride		$	100	7912
Failure to cancel scheduled inspection per ride		$	100	7913
Failure to have amusement ride ready for inspection				7914
per ride		$	100	7915

The go kart inspection fee is in addition to the inspection	7916
fee for the go kart track.	7917

The fees for an expedited inspection, failure to cancel a	7918
scheduled inspection, and failure to have an amusement ride ready	7919
for inspection do not apply to go karts.	7920

As used in division (E)(1) of this section, "expedited	7921
inspection" means an inspection of an amusement ride by the	7922
department not later than ten days after the owner of the	7923
amusement ride files an application for a permit under this	7924
section.	7925

(2) All fees and fines collected by the department under	7926
sections 1711.50 to 1711.57 of the Revised Code shall be deposited	7927
in the state treasury to the credit of the amusement ride	7928
inspection fund, which is hereby created, and shall be used only	7929
for the purpose of administering and enforcing sections 1711.11	7930
and 1711.50 to 1711.57 of the Revised Code.	7931

(3) The owner of an amusement ride shall be required to pay a	7932
reinspection fee only if the reinspection was conducted at the	7933
owner's request under division (F) of this section, if the	7934
reinspection is required by division (F) of this section because	7935
of an accident, or if the reinspection is required by division (F)	7936
of section 1711.55 of the Revised Code. If a reinspection is	7937
conducted at the request of the chief officer of a fair, festival,	7938
or event where the ride is operating, the reinspection fee shall	7939
be charged to the fair, festival, or event.	7940

(4) The rules adopted under division (B) of this section	7941
shall define ~~"kiddie rides,"~~ "roller coaster," "aerial lifts," "go	7942
karts," and "other rides" for purposes of determining the fees	7943
under division (E) of this section. The rules shall define "other	7944
rides" to include go kart tracks.	7945

(F) A reinspection of an amusement ride shall take place if	7946
an accident occurs, if the owner of the ride or the chief officer	7947
of the fair, festival, or event where the ride is operating	7948
requests a reinspection, or if the reinspection is required by	7949
division (F) of section 1711.55 of the Revised Code.	7950

(G) As a supplement to its annual inspection of a temporary	7951
amusement ride, the department may inspect the ride during each	7952
scheduled event, as listed in the schedule of events provided to	7953
the department by the owner pursuant to division (C) of section	7954
1711.55 of the Revised Code, at which the ride is operated in this	7955
state. These supplemental inspections are in addition to any other	7956
inspection or reinspection of the ride as may be required under	7957
sections 1711.50 to 1711.57 of the Revised Code, and the owner of	7958
the temporary amusement ride is not required to pay an inspection	7959
or reinspection fee for this supplemental inspection. Nothing in	7960
this division shall be construed to prohibit the owner of a	7961
temporary amusement ride having a valid permit to operate in this	7962
state from operating the ride at a scheduled event before the	7963
department conducts a supplemental inspection.	7964

(H) The department may annually conduct a midseason	7965
operational inspection of every amusement ride upon which it	7966
conducts an annual inspection pursuant to division (A) of this	7967
section. The midseason operational inspection is in addition to	7968
any other inspection or reinspection of the amusement ride as may	7969
be required pursuant to sections 1711.50 to 1711.57 of the Revised	7970
Code. The owner of an amusement ride shall submit to the	7971
department, at the time determined by the department, the	7972
midseason operational inspection fee specified in division (E) of	7973
this section. The director, in accordance with Chapter 119. of the	7974
Revised Code, shall adopt rules specifying the time period during	7975
which the department will conduct midseason operational	7976
inspections.	7977

Sec. 1724.10. (A) A community improvement corporation may be	7978
designated:	7979

(1) By a county, one or more townships, one or more municipal	7980
corporations, two or more adjoining counties, or any combination	7981
of the foregoing as the agency of each such political subdivision	7982
for the industrial, commercial, distribution, and research	7983
development in such political subdivision when the legislative	7984
authority of such political subdivision has determined that the	7985
policy of the political subdivision is to promote the health,	7986
safety, morals, and general welfare of its inhabitants through the	7987
designation of a community improvement corporation as such agency;	7988

(2) Solely by a county as the agency for the reclamation,	7989
rehabilitation, and reutilization of vacant, abandoned,	7990
tax-foreclosed, or other real property in the county;	7991

(3) By any political subdivision as the agency for the	7992
reclamation, rehabilitation, and reutilization of vacant,	7993
abandoned, tax-foreclosed, or other real property within the	7994
political subdivision if the subdivision enters into an agreement	7995
with the community improvement corporation that is the agency of a	7996
county, under division (A)(2) of this section, designating the	7997
corporation as the agency of the political subdivision.	7998

(B) Designations under this section shall be made by the	7999
legislative authority of the political subdivision by resolution	8000
or ordinance. Any political subdivision which has designated a	8001
community improvement corporation as such agency under this	8002
section may enter into an agreement with it to provide any one or	8003
more of the following:	8004

(1) That the community improvement corporation shall prepare	8005
a plan for the political subdivision of industrial, commercial,	8006
distribution, and research development, or of reclamation,	8007
rehabilitation, and reutilization of vacant, abandoned,	8008
tax-foreclosed, or other real property, and such plan shall	8009
provide therein the extent to which the community improvement	8010
corporation shall participate as the agency of the political	8011
subdivision in carrying out such plan. Such plan shall be	8012
confirmed by the legislative authority of the political	8013
subdivision. A community improvement corporation may insure	8014
mortgage payments required by a first mortgage on any industrial,	8015
economic, commercial, or civic property for which funds have been	8016
loaned by any person, corporation, bank, or financial or lending	8017
institution upon such terms and conditions as the community	8018
improvement corporation may prescribe. A community improvement	8019
corporation may incur debt, mortgage its property acquired under	8020
this section or otherwise, and issue its obligations, for the	8021
purpose of acquiring, constructing, improving, and equipping	8022
buildings, structures, and other properties, and acquiring sites	8023
therefor, for lease or sale by the community improvement	8024
corporation in order to carry out its participation in such plan.	8025
Except as provided for in division (C) of section 307.78 of the	8026
Revised Code, any such debt shall be solely that of the	8027
corporation and shall not be secured by the pledge of any moneys	8028
received or to be received from any political subdivision. All	8029
revenue bonds issued under sections 1724.02 and 1724.10 of the	8030
Revised Code are lawful investments of banks, savings and loan	8031
associations, deposit guarantee associations, trust companies,	8032
trustees, fiduciaries, trustees or other officers having charge of	8033
sinking or bond retirement funds of municipal corporations and	8034
other subdivisions of the state, and of domestic insurance	8035
companies notwithstanding sections 3907.14 and 3925.08 of the	8036
Revised Code. Not less than two-fifths of the governing board of	8037
any economic development corporation designated as the agency of	8038
one or more political subdivisions shall be composed of mayors,	8039
members of municipal legislative authorities, members of boards of	8040
township trustees, members of boards of county commissioners, or	8041
any other appointed or elected officers of such political	8042
subdivisions, provided that at least one officer from each	8043
political subdivision shall be a member of the governing board.	8044
Membership on the governing board of a community improvement	8045
corporation does not constitute the holding of a public office or	8046
employment within the meaning of sections 731.02 and 731.12 of the	8047
Revised Code or any other section of the Revised Code. The board	8048
of directors of a county land reutilization corporation shall be	8049
composed of the members set forth in section 1724.03 of the	8050
Revised Code. Membership on such governing boards shall not	8051
constitute an interest, either direct or indirect, in a contract	8052
or expenditure of money by any municipal corporation, township,	8053
county, or other political subdivision. No member of such	8054
governing boards shall be disqualified from holding any public	8055
office or employment, nor shall such member forfeit any such	8056
office or employment, by reason of membership on the governing	8057
board of a community improvement corporation notwithstanding any	8058
law to the contrary.	8059

Actions taken under this section shall be in accordance with	8060
any applicable planning or zoning regulations.	8061

Any agreement entered into under this section may be amended	8062
or supplemented from time to time by the parties thereto.	8063

An economic development corporation designated as the agency	8064
of a political subdivision under this section shall promote and	8065
encourage the establishment and growth in such subdivision of	8066
industrial, commercial, distribution, and research facilities. A	8067
county land reutilization corporation designated as the agency of	8068
a political subdivision in an agreement between a political	8069
subdivision and a corporation shall promote the reclamation,	8070
rehabilitation, and reutilization of vacant, abandoned,	8071
tax-foreclosed, or other real property in the subdivision.	8072

(2) Authorization for the community improvement corporation	8073
to sell or to lease any ~~lands~~real property or interests in ~~lands~~	8074
real property owned by the political subdivision determined from	8075
time to time by the legislative authority thereof not to be	8076
required by such political subdivision for its purposes, for uses	8077
determined by the legislative authority as those that will promote	8078
the welfare of the people of the political subdivision, stabilize	8079
the economy, provide employment, assist in the development of	8080
industrial, commercial, distribution, and research activities to	8081
the benefit of the people of the political subdivision, will	8082
provide additional opportunities for their gainful employment, or	8083
will promote the reclamation, rehabilitation, and reutilization of	8084
vacant, abandoned, tax-foreclosed, or other real property within	8085
the subdivision. The legislative authority shall specify the	8086
consideration for such sale or lease and any other terms thereof.	8087
Any determinations made by the legislative authority under this	8088
division shall be conclusive. The community improvement	8089
corporation acting through its officers and on behalf and as agent	8090
of the political subdivision shall execute the necessary	8091
instruments, including deeds conveying the title of the political	8092
subdivision or leases, to accomplish such sale or lease. Such	8093
conveyance or lease shall be made without advertising and receipt	8094
of bids. A copy of such agreement shall be recorded in the office	8095
of the county recorder of any county in which ~~lands~~real property	8096
or interests in ~~lands~~real property to be sold or leased are	8097
situated prior to the recording of a deed or lease executed	8098
pursuant to such agreement. The county recorder shall not charge a	8099
county land reutilization corporation a fee as otherwise provided	8100
in section 317.32 of the Revised Code for the recording, indexing,	8101
or making of a certified copy or for the filing of any instrument	8102
by a county land reutilization corporation consistent with its	8103
public purposes.	8104

(3) That the political subdivision executing the agreement	8105
will convey to the community improvement corporation ~~lands~~real	8106
property and interests in ~~lands~~real property owned by the	8107
political subdivision and determined by the legislative authority	8108
thereof not to be required by the political subdivision for its	8109
purposes and that such conveyance of such ~~land~~real property or	8110
interests in ~~land~~real property will promote the welfare of the	8111
people of the political subdivision, stabilize the economy,	8112
provide employment, assist in the development of industrial,	8113
commercial, distribution, and research activities to the benefit	8114
of the people of the political subdivision, provide additional	8115
opportunities for their gainful employment or will promote the	8116
reclamation, rehabilitation, and reutilization of vacant,	8117
abandoned, tax-foreclosed, or other real property in the	8118
subdivision, for the consideration and upon the terms established	8119
in the agreement, and further that as the agency for development	8120
or land reutilization the community improvement corporation may	8121
acquire from others additional ~~lands~~real property or interests in	8122
~~lands~~real property, and any ~~lands~~real property or interests in	8123
~~land~~real property so conveyed by it for uses that will promote	8124
the welfare of the people of the political subdivision, stabilize	8125
the economy, provide employment, assist in the development of	8126
industrial, commercial, distribution, and research activities	8127
required for the people of the political subdivision and for their	8128
gainful employment or will promote the reclamation,	8129
rehabilitation, and reutilization of vacant, abandoned,	8130
tax-foreclosed, or other real property in the subdivision. Any	8131
conveyance or lease by the political subdivision to the community	8132
improvement corporation shall be made without advertising and	8133
receipt of bids. If any ~~lands~~real property or interests in ~~land~~	8134
real property conveyed by a political subdivision under this	8135
division are sold by the community improvement corporation at a	8136
price in excess of the consideration received by the political	8137
subdivision from the community improvement corporation, such	8138
excess shall be paid to such political subdivision after	8139
deducting, to the extent and in the manner provided in the	8140
agreement, the costs of such acquisition and sale, taxes,	8141
assessments, costs of maintenance, costs of improvements to the	8142
~~land~~real property by the community improvement corporation,	8143
service fees, and any debt service charges of the corporation	8144
attributable to such ~~land~~real property or interests.	8145

Sec. 1901.08. The number of, and the time for election of,	8146
judges of the following municipal courts and the beginning of	8147
their terms shall be as follows:	8148

In the Akron municipal court, two full-time judges shall be	8149
elected in 1951, two full-time judges shall be elected in 1953,	8150
one full-time judge shall be elected in 1967, and one full-time	8151
judge shall be elected in 1975.	8152

In the Alliance municipal court, one full-time judge shall be	8153
elected in 1953.	8154

In the Ashland municipal court, one full-time judge shall be	8155
elected in 1951.	8156

In the Ashtabula municipal court, one full-time judge shall	8157
be elected in 1953.	8158

In the Athens county municipal court, one full-time judge	8159
shall be elected in 1967.	8160

In the Auglaize county municipal court, one full-time judge	8161
shall be elected in 1975.	8162

In the Avon Lake municipal court, one ~~part-time~~full-time	8163
judge shall be elected in ~~1957~~2017. On and after the effective	8164
date of this amendment, the part-time judge of the Avon Lake	8165
municipal court who was elected in 2011 shall serve as a full-time	8166
judge of the court until the end of that judge's term on December	8167
31, 2017.	8168

In the Barberton municipal court, one full-time judge shall	8169
be elected in 1969, and one full-time judge shall be elected in	8170
1971.	8171

In the Bedford municipal court, one full-time judge shall be	8172
elected in 1975, and one full-time judge shall be elected in 1979.	8173

In the Bellefontaine municipal court, one full-time judge	8174
shall be elected in 1993.	8175

In the Bellevue municipal court, one part-time judge shall be	8176
elected in 1951.	8177

In the Berea municipal court, one full-time judge shall be	8178
elected in 2005.	8179

In the Bowling Green municipal court, one full-time judge	8180
shall be elected in 1983.	8181

In the Brown county municipal court, one full-time judge	8182
shall be elected in 2005. Beginning February 9, 2003, the	8183
part-time judge of the Brown county county court that existed	8184
prior to that date whose term commenced on January 2, 2001, shall	8185
serve as the full-time judge of the Brown county municipal court	8186
until December 31, 2005.	8187

In the Bryan municipal court, one full-time judge shall be	8188
elected in 1965.	8189

In the Cambridge municipal court, one full-time judge shall	8190
be elected in 1951.	8191

In the Campbell municipal court, one part-time judge shall be	8192
elected in 1963.	8193

In the Canton municipal court, one full-time judge shall be	8194
elected in 1951, one full-time judge shall be elected in 1969, and	8195
two full-time judges shall be elected in 1977.	8196

In the Carroll county municipal court, one full-time judge	8197
shall be elected in 2009. Beginning January 1, 2007, the judge	8198
elected in 2006 to the part-time judgeship of the Carroll county	8199
county court that existed prior to that date shall serve as the	8200
full-time judge of the Carroll county municipal court until	8201
December 31, 2009.	8202

In the Celina municipal court, one full-time judge shall be	8203
elected in 1957.	8204

In the Champaign county municipal court, one full-time judge	8205
shall be elected in 2001.	8206

In the Chardon municipal court, one full-time judge shall be	8207
elected in 1963.	8208

In the Chillicothe municipal court, one full-time judge shall	8209
be elected in 1951, and one full-time judge shall be elected in	8210
1977.	8211

In the Circleville municipal court, one full-time judge shall	8212
be elected in 1953.	8213

In the Clark county municipal court, one full-time judge	8214
shall be elected in 1989, and two full-time judges shall be	8215
elected in 1991. The full-time judges of the Springfield municipal	8216
court who were elected in 1983 and 1985 shall serve as the judges	8217
of the Clark county municipal court from January 1, 1988, until	8218
the end of their respective terms.	8219

In the Clermont county municipal court, two full-time judges	8220
shall be elected in 1991, and one full-time judge shall be elected	8221
in 1999.	8222

In the Cleveland municipal court, six full-time judges shall	8223
be elected in 1975, three full-time judges shall be elected in	8224
1953, and four full-time judges shall be elected in 1955.	8225

In the Cleveland Heights municipal court, one full-time judge	8226
shall be elected in 1957.	8227

In the Clinton county municipal court, one full-time judge	8228
shall be elected in 1997. The full-time judge of the Wilmington	8229
municipal court who was elected in 1991 shall serve as the judge	8230
of the Clinton county municipal court from July 1, 1992, until the	8231
end of that judge's term on December 31, 1997.	8232

In the Columbiana county municipal court, two full-time	8233
judges shall be elected in 2001.	8234

In the Conneaut municipal court, one full-time judge shall be	8235
elected in 1953.	8236

In the Coshocton municipal court, one full-time judge shall	8237
be elected in 1951.	8238

In the Crawford county municipal court, one full-time judge	8239
shall be elected in 1977.	8240

In the Cuyahoga Falls municipal court, one full-time judge	8241
shall be elected in 1953, and one full-time judge shall be elected	8242
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal	8243
court shall cease to exist; however, the judges of the Cuyahoga	8244
Falls municipal court who were elected pursuant to this section in	8245
2003 and 2007 for terms beginning on January 1, 2004, and January	8246
1, 2008, respectively, shall serve as full-time judges of the Stow	8247
municipal court until December 31, 2009, and December 31, 2013,	8248
respectively.	8249

In the Darke county municipal court, one full-time judge	8250
shall be elected in 2005. Beginning January 1, 2005, the part-time	8251
judge of the Darke county county court that existed prior to that	8252
date whose term began on January 1, 2001, shall serve as the	8253
full-time judge of the Darke county municipal court until December	8254
31, 2005.	8255

In the Dayton municipal court, three full-time judges shall	8256
be elected in 1987, their terms to commence on successive days	8257
beginning on the first day of January next after their election,	8258
and two full-time judges shall be elected in 1955, their terms to	8259
commence on successive days beginning on the second day of January	8260
next after their election.	8261

In the Defiance municipal court, one full-time judge shall be	8262
elected in 1957.	8263

In the Delaware municipal court, one full-time judge shall be	8264
elected in 1953, and one full-time judge shall be elected in 2007.	8265

In the East Cleveland municipal court, one full-time judge	8266
shall be elected in 1957.	8267

In the East Liverpool municipal court, one full-time judge	8268
shall be elected in 1953.	8269

In the Eaton municipal court, one full-time judge shall be	8270
elected in 1973.	8271

In the Elyria municipal court, one full-time judge shall be	8272
elected in 1955, and one full-time judge shall be elected in 1973.	8273

In the Erie county municipal court, one full-time judge shall	8274
be elected in 2007.	8275

In the Euclid municipal court, one full-time judge shall be	8276
elected in 1951.	8277

In the Fairborn municipal court, one full-time judge shall be	8278
elected in 1977.	8279

In the Fairfield county municipal court, one full-time judge	8280
shall be elected in 2003, and one full-time judge shall be elected	8281
in 2005.	8282

In the Fairfield municipal court, one full-time judge shall	8283
be elected in 1989.	8284

In the Findlay municipal court, one full-time judge shall be	8285
elected in 1955, and one full-time judge shall be elected in 1993.	8286

In the Franklin municipal court, one part-time judge shall be	8287
elected in 1951.	8288

In the Franklin county municipal court, two full-time judges	8289
shall be elected in 1969, three full-time judges shall be elected	8290
in 1971, seven full-time judges shall be elected in 1967, one	8291
full-time judge shall be elected in 1975, one full-time judge	8292
shall be elected in 1991, and one full-time judge shall be elected	8293
in 1997.	8294

In the Fremont municipal court, one full-time judge shall be	8295
elected in 1975.	8296

In the Gallipolis municipal court, one full-time judge shall	8297
be elected in 1981.	8298

In the Garfield Heights municipal court, one full-time judge	8299
shall be elected in 1951, and one full-time judge shall be elected	8300
in 1981.	8301

In the Girard municipal court, one full-time judge shall be	8302
elected in 1963.	8303

In the Hamilton municipal court, one full-time judge shall be	8304
elected in 1953.	8305

In the Hamilton county municipal court, five full-time judges	8306
shall be elected in 1967, five full-time judges shall be elected	8307
in 1971, two full-time judges shall be elected in 1981, and two	8308
full-time judges shall be elected in 1983. All terms of judges of	8309
the Hamilton county municipal court shall commence on the first	8310
day of January next after their election, except that the terms of	8311
the additional judges to be elected in 1981 shall commence on	8312
January 2, 1982, and January 3, 1982, and that the terms of the	8313
additional judges to be elected in 1983 shall commence on January	8314
4, 1984, and January 5, 1984.	8315

In the Hardin county municipal court, one part-time judge	8316
shall be elected in 1989.	8317

In the Hillsboro municipal court, one full-time judge shall	8318
be elected in 2011. On and after December 30, 2008, the part-time	8319
judge of the Hillsboro municipal court who was elected in 2005	8320
shall serve as a full-time judge of the court until the end of	8321
that judge's term on December 31, 2011.	8322

In the Hocking county municipal court, one full-time judge	8323
shall be elected in 1977.	8324

In the Holmes county municipal court, one full-time judge	8325
shall be elected in 2007. Beginning January 1, 2007, the part-time	8326
judge of the Holmes county county court that existed prior to that	8327
date whose term commenced on January 1, 2007, shall serve as the	8328
full-time judge of the Holmes county municipal court until	8329
December 31, 2007.	8330

In the Huron municipal court, one part-time judge shall be	8331
elected in 1967.	8332

In the Ironton municipal court, one full-time judge shall be	8333
elected in 1951.	8334

In the Jackson county municipal court, one full-time judge	8335
shall be elected in 2001. On and after March 31, 1997, the	8336
part-time judge of the Jackson county municipal court who was	8337
elected in 1995 shall serve as a full-time judge of the court	8338
until the end of that judge's term on December 31, 2001.	8339

In the Kettering municipal court, one full-time judge shall	8340
be elected in 1971, and one full-time judge shall be elected in	8341
1975.	8342

In the Lakewood municipal court, one full-time judge shall be	8343
elected in 1955.	8344

In the Lancaster municipal court, one full-time judge shall	8345
be elected in 1951, and one full-time judge shall be elected in	8346
1979. Beginning January 2, 2000, the full-time judges of the	8347
Lancaster municipal court who were elected in 1997 and 1999 shall	8348
serve as judges of the Fairfield county municipal court until the	8349
end of those judges' terms.	8350

In the Lawrence county municipal court, one part-time judge	8351
shall be elected in 1981.	8352

In the Lebanon municipal court, one part-time judge shall be	8353
elected in 1955.	8354

In the Licking county municipal court, one full-time judge	8355
shall be elected in 1951, and one full-time judge shall be elected	8356
in 1971.	8357

In the Lima municipal court, one full-time judge shall be	8358
elected in 1951, and one full-time judge shall be elected in 1967.	8359

In the Lorain municipal court, one full-time judge shall be	8360
elected in 1953, and one full-time judge shall be elected in 1973.	8361

In the Lyndhurst municipal court, one full-time judge shall	8362
be elected in 1957.	8363

In the Madison county municipal court, one full-time judge	8364
shall be elected in 1981.	8365

In the Mansfield municipal court, one full-time judge shall	8366
be elected in 1951, and one full-time judge shall be elected in	8367
1969.	8368

In the Marietta municipal court, one full-time judge shall be	8369
elected in 1957.	8370

In the Marion municipal court, one full-time judge shall be	8371
elected in 1951.	8372

In the Marysville municipal court, one full-time judge shall	8373
be elected in 2011. On and after January 18, 2007, the part-time	8374
judge of the Marysville municipal court who was elected in 2005	8375
shall serve as a full-time judge of the court until the end of	8376
that judge's term on December 31, 2011.	8377

In the Mason municipal court, one part-time judge shall be	8378
elected in 1965.	8379

In the Massillon municipal court, one full-time judge shall	8380
be elected in 1953, and one full-time judge shall be elected in	8381
1971.	8382

In the Maumee municipal court, one full-time judge shall be	8383
elected in 1963.	8384

In the Medina municipal court, one full-time judge shall be	8385
elected in 1957.	8386

In the Mentor municipal court, one full-time judge shall be	8387
elected in 1971.	8388

In the Miami county municipal court, one full-time judge	8389
shall be elected in 1975, and one full-time judge shall be elected	8390
in 1979.	8391

In the Miamisburg municipal court, one full-time judge shall	8392
be elected in 1951.	8393

In the Middletown municipal court, one full-time judge shall	8394
be elected in 1953.	8395

In the Montgomery county municipal court:

8396

One judge shall be elected in 2011 to a part-time judgeship	8397
for a term to begin on January 1, 2012. If any one of the other	8398
judgeships of the court becomes vacant and is abolished after July	8399
1, 2010, this judgeship shall become a full-time judgeship on that	8400
date. If only one other judgeship of the court becomes vacant and	8401
is abolished as of December 31, 2021, this judgeship shall be	8402
abolished as of that date. Beginning July 1, 2010, the part-time	8403
judge of the Montgomery county county court that existed before	8404
that date whose term commenced on January 1, 2005, shall serve as	8405
a part-time judge of the Montgomery county municipal court until	8406
December 31, 2011.	8407

One judge shall be elected in 2011 to a full-time judgeship	8408
for a term to begin on January 2, 2012, and this judgeship shall	8409
be abolished on January 1, 2016. Beginning July 1, 2010, the	8410
part-time judge of the Montgomery county county court that existed	8411
before that date whose term commenced on January 2, 2005, shall	8412
serve as a full-time judge of the Montgomery county municipal	8413
court until January 1, 2012.	8414

One judge shall be elected in 2013 to a full-time judgeship	8415
for a term to begin on January 2, 2014. Beginning July 1, 2010,	8416
the part-time judge of the Montgomery county county court that	8417
existed before that date whose term commenced on January 2, 2007,	8418
shall serve as a full-time judge of the Montgomery county	8419
municipal court until January 1, 2014.	8420

One judge shall be elected in 2013 to a judgeship for a term	8421
to begin on January 1, 2014. If no other judgeship of the court	8422
becomes vacant and is abolished by January 1, 2014, this judgeship	8423
shall be a part-time judgeship. When one or more of the other	8424
judgeships of the court becomes vacant and is abolished after July	8425
1, 2010, this judgeship shall become a full-time judgeship.	8426
Beginning July 1, 2010, the part-time judge of the Montgomery	8427
county county court that existed before that date whose term	8428
commenced on January 1, 2007, shall serve as this judge of the	8429
Montgomery county municipal court until December 31, 2013.	8430

If any one of the judgeships of the court becomes vacant	8431
before December 31, 2021, that judgeship is abolished on the date	8432
that it becomes vacant, and the other judges of the court shall be	8433
or serve as full-time judges. The abolishment of judgeships for	8434
the Montgomery county municipal court shall cease when the court	8435
has two full-time judgeships.	8436

In the Morrow county municipal court, one full-time judge	8437
shall be elected in 2005. Beginning January 1, 2003, the part-time	8438
judge of the Morrow county county court that existed prior to that	8439
date shall serve as the full-time judge of the Morrow county	8440
municipal court until December 31, 2005.	8441

In the Mount Vernon municipal court, one full-time judge	8442
shall be elected in 1951.	8443

In the Napoleon municipal court, one full-time judge shall be	8444
elected in 2005.	8445

In the New Philadelphia municipal court, one full-time judge	8446
shall be elected in 1975.	8447

In the Newton Falls municipal court, one full-time judge	8448
shall be elected in 1963.	8449

In the Niles municipal court, one full-time judge shall be	8450
elected in 1951.	8451

In the Norwalk municipal court, one full-time judge shall be	8452
elected in 1975.	8453

In the Oakwood municipal court, one part-time judge shall be	8454
elected in 1953.	8455

In the Oberlin municipal court, one full-time judge shall be	8456
elected in 1989.	8457

In the Oregon municipal court, one full-time judge shall be	8458
elected in 1963.	8459

In the Ottawa county municipal court, one full-time judge	8460
shall be elected in 1995, and the full-time judge of the Port	8461
Clinton municipal court who is elected in 1989 shall serve as the	8462
judge of the Ottawa county municipal court from February 4, 1994,	8463
until the end of that judge's term.	8464

In the Painesville municipal court, one full-time judge shall	8465
be elected in 1951.	8466

In the Parma municipal court, one full-time judge shall be	8467
elected in 1951, one full-time judge shall be elected in 1967, and	8468
one full-time judge shall be elected in 1971.	8469

In the Perrysburg municipal court, one full-time judge shall	8470
be elected in 1977.	8471

In the Portage county municipal court, two full-time judges	8472
shall be elected in 1979, and one full-time judge shall be elected	8473
in 1971.	8474

In the Port Clinton municipal court, one full-time judge	8475
shall be elected in 1953. The full-time judge of the Port Clinton	8476
municipal court who is elected in 1989 shall serve as the judge of	8477
the Ottawa county municipal court from February 4, 1994, until the	8478
end of that judge's term.	8479

In the Portsmouth municipal court, one full-time judge shall	8480
be elected in 1951, and one full-time judge shall be elected in	8481
1985.	8482

In the Putnam county municipal court, one full-time judge	8483
shall be elected in 2011. Beginning January 1, 2011, the part-time	8484
judge of the Putnam county county court that existed prior to that	8485
date whose term commenced on January 1, 2007, shall serve as the	8486
full-time judge of the Putnam county municipal court until	8487
December 31, 2011.	8488

In the Rocky River municipal court, one full-time judge shall	8489
be elected in 1957, and one full-time judge shall be elected in	8490
1971.	8491

In the Sandusky municipal court, one full-time judge shall be	8492
elected in 1953.	8493

In the Sandusky county municipal court, one full-time judge	8494
shall be elected in 2013. Beginning on January 1, 2013, the two	8495
part-time judges of the Sandusky county county court that existed	8496
prior to that date shall serve as part-time judges of the Sandusky	8497
county municipal court until December 31, 2013. If either	8498
judgeship becomes vacant before January 1, 2014, that judgeship is	8499
abolished on the date it becomes vacant, and the person who holds	8500
the other judgeship shall serve as the full-time judge of the	8501
Sandusky county municipal court until December 31, 2013.	8502

In the Shaker Heights municipal court, one full-time judge	8503
shall be elected in 1957.	8504

In the Shelby municipal court, one part-time judge shall be	8505
elected in 1957.	8506

In the Sidney municipal court, one full-time judge shall be	8507
elected in 1995.	8508

In the South Euclid municipal court, one full-time judge	8509
shall be elected in 1999. The part-time judge elected in 1993,	8510
whose term commenced on January 1, 1994, shall serve until	8511
December 31, 1999, and the office of that judge is abolished on	8512
January 1, 2000.	8513

In the Springfield municipal court, two full-time judges	8514
shall be elected in 1985, and one full-time judge shall be elected	8515
in 1983, all of whom shall serve as the judges of the Springfield	8516
municipal court through December 31, 1987, and as the judges of	8517
the Clark county municipal court from January 1, 1988, until the	8518
end of their respective terms.	8519

In the Steubenville municipal court, one full-time judge	8520
shall be elected in 1953.	8521

In the Stow municipal court, one full-time judge shall be	8522
elected in 2009, and one full-time judge shall be elected in 2013.	8523
Beginning January 1, 2009, the judge of the Cuyahoga Falls	8524
municipal court that existed prior to that date whose term	8525
commenced on January 1, 2008, shall serve as a full-time judge of	8526
the Stow municipal court until December 31, 2013. Beginning	8527
January 1, 2009, the judge of the Cuyahoga Falls municipal court	8528
that existed prior to that date whose term commenced on January 1,	8529
2004, shall serve as a full-time judge of the Stow municipal court	8530
until December 31, 2009.	8531

In the Struthers municipal court, one part-time judge shall	8532
be elected in 1963.	8533

In the Sylvania municipal court, one full-time judge shall be	8534
elected in 1963.	8535

In the Tiffin-Fostoria municipal court, one full-time judge	8536
shall be elected in 2013.	8537

In the Toledo municipal court, two full-time judges shall be	8538
elected in 1971, four full-time judges shall be elected in 1975,	8539
and one full-time judge shall be elected in 1973.	8540

In the Upper Sandusky municipal court, one full-time judge	8541
shall be elected in 2011. The part-time judge elected in 2005,	8542
whose term commenced on January 1, 2006, shall serve as a	8543
full-time judge on and after January 1, 2008, until the expiration	8544
of that judge's term on December 31, 2011, and the office of that	8545
judge is abolished on January 1, 2012.	8546

In the Vandalia municipal court, one full-time judge shall be	8547
elected in 1959.	8548

In the Van Wert municipal court, one full-time judge shall be	8549
elected in 1957.	8550

In the Vermilion municipal court, one part-time judge shall	8551
be elected in 1965.	8552

In the Wadsworth municipal court, one full-time judge shall	8553
be elected in 1981.	8554

In the Warren municipal court, one full-time judge shall be	8555
elected in 1951, and one full-time judge shall be elected in 1971.	8556

In the Washington Court House municipal court, one full-time	8557
judge shall be elected in 1999. The part-time judge elected in	8558
1993, whose term commenced on January 1, 1994, shall serve until	8559
December 31, 1999, and the office of that judge is abolished on	8560
January 1, 2000.	8561

In the Wayne county municipal court, one full-time judge	8562
shall be elected in 1975, and one full-time judge shall be elected	8563
in 1979.	8564

In the Willoughby municipal court, one full-time judge shall	8565
be elected in 1951.	8566

In the Wilmington municipal court, one full-time judge shall	8567
be elected in 1991, who shall serve as the judge of the Wilmington	8568
municipal court through June 30, 1992, and as the judge of the	8569
Clinton county municipal court from July 1, 1992, until the end of	8570
that judge's term on December 31, 1997.	8571

In the Xenia municipal court, one full-time judge shall be	8572
elected in 1977.	8573

In the Youngstown municipal court, one full-time judge shall	8574
be elected in 1951, and one full-time judge shall be elected in	8575
2013.	8576

In the Zanesville municipal court, one full-time judge shall	8577
be elected in 1953.	8578

Sec. 2101.026. (A) The probate court of Franklin county may	8579
accept funds or other program assistance from individuals,	8580
corporations, agencies, or organizations, including, but not	8581
limited to, the board of alcohol, drug addiction, and mental	8582
health services of Franklin county or the Franklin county board of	8583
developmental disabilities. Any funds received by the probate	8584
court of Franklin county under this division shall be paid into	8585
the treasury of Franklin county and credited to a fund to be known	8586
as the Franklin county probate court mental health fund.	8587

(B) The moneys in the Franklin county probate court mental	8588
health fund shall be used for services to help ensure the	8589
treatment of any person who is under the care of the board of	8590
alcohol, drug addiction, and mental health services of Franklin	8591
county or, the Franklin county board of developmental	8592
disabilities, or any other guardianships. These services include,	8593
but are not limited to, involuntary commitment proceedings and the	8594
establishment and management of adult guardianships, including all	8595
associated expenses, for wards who are under the care of the board	8596
of alcohol, drug addiction, and mental health services of Franklin	8597
county or, the Franklin county board of developmental	8598
disabilities, or any other guardianships.	8599

(C) If the judge of the probate court of Franklin county	8600
determines that some of the moneys in the Franklin county probate	8601
court mental health fund are needed for the efficient operation of	8602
that court, the moneys may be used for the acquisition of	8603
equipment, the hiring and training of staff, community services	8604
programs, volunteer guardianship training services, the employment	8605
of magistrates, and other related services.	8606

(D) The moneys in the Franklin county probate court mental	8607
health fund that may be used in part for the establishment and	8608
management of adult guardianships under division (B) of this	8609
section may be utilized to establish a Franklin county	8610
guardianship service.	8611

(E)(1) A Franklin county guardianship service under division	8612
(D) of this section is established by creating a Franklin county	8613
guardianship service board comprised of three members. The judge	8614
of the probate court of Franklin county shall appoint one member.	8615
The board of directors of the Franklin county board of	8616
developmental disabilities shall appoint one member. The board of	8617
directors of the board of alcohol, drug addiction, and mental	8618
health services of Franklin county shall appoint one member. The	8619
term of appointment of each member is four years.	8620

(2) The Franklin county guardianship service board may	8621
appoint a director of the board. The board shall determine the	8622
compensation of the director based on the availability of funds	8623
contained in the Franklin county probate court mental health fund.	8624

(3) The members and the director, if any, of the Franklin	8625
county guardianship service board may receive appointments from	8626
the probate court of Franklin county to serve as guardians of both	8627
the person and estate of wards. The director may hire employees	8628
subject to available funds in the Franklin county probate court	8629
mental health fund.	8630

(4) If a new director replaces a previously appointed	8631
director of the Franklin county guardianship service board, the	8632
new director shall replace the former director serving as a	8633
guardian under division (E)(3) of this section without the need of	8634
a successor guardianship hearing conducted by the probate court of	8635
Franklin county so long as the wards are the same wards for both	8636
the former director and the new director.	8637

(5) The Franklin county guardianship service board that is	8638
created under division (E)(1) of this section shall promulgate all	8639
rules and regulations necessary for the efficient operation of the	8640
board and the Franklin county guardianship service.	8641

Sec. 2151.417. (A) Any court that issues a dispositional	8642
order pursuant to section 2151.353, 2151.414, or 2151.415 of the	8643
Revised Code may review at any time the child's placement or	8644
custody arrangement, the case plan prepared for the child pursuant	8645
to section 2151.412 of the Revised Code, the actions of the public	8646
children services agency or private child placing agency in	8647
implementing that case plan, the child's permanency plan if the	8648
child's permanency plan has been approved, and any other aspects	8649
of the child's placement or custody arrangement. In conducting the	8650
review, the court shall determine the appropriateness of any	8651
agency actions, the safety and appropriateness of continuing the	8652
child's placement or custody arrangement, and whether any changes	8653
should be made with respect to the child's permanency plan or	8654
placement or custody arrangement or with respect to the actions of	8655
the agency under the child's placement or custody arrangement.	8656
Based upon the evidence presented at a hearing held after notice	8657
to all parties and the guardian ad litem of the child, the court	8658
may require the agency, the parents, guardian, or custodian of the	8659
child, and the physical custodians of the child to take any	8660
reasonable action that the court determines is necessary and in	8661
the best interest of the child or to discontinue any action that	8662
it determines is not in the best interest of the child.	8663

(B) If a court issues a dispositional order pursuant to	8664
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the	8665
court has continuing jurisdiction over the child as set forth in	8666
division (E)(1) of section 2151.353 of the Revised Code. The court	8667
may amend a dispositional order in accordance with division (E)(2)	8668
of section 2151.353 of the Revised Code at any time upon its own	8669
motion or upon the motion of any interested party. The court shall	8670
comply with section 2151.42 of the Revised Code in amending any	8671
dispositional order pursuant to this division.	8672

(C) Any court that issues a dispositional order pursuant to	8673
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall	8674
hold a review hearing one year after the earlier of the date on	8675
which the complaint in the case was filed or the child was first	8676
placed into shelter care to review the case plan prepared pursuant	8677
to section 2151.412 of the Revised Code and the child's placement	8678
or custody arrangement, to approve or review the permanency plan	8679
for the child, and to make changes to the case plan and placement	8680
or custody arrangement consistent with the permanency plan. The	8681
court shall schedule the review hearing at the time that it holds	8682
the dispositional hearing pursuant to section 2151.35 of the	8683
Revised Code.	8684

The court shall hold a similar review hearing no later than	8685
every twelve months after the initial review hearing until the	8686
child is adopted, returned to the parents, or the court otherwise	8687
terminates the child's placement or custody arrangement, except	8688
that the dispositional hearing held pursuant to section 2151.415	8689
of the Revised Code shall take the place of the first review	8690
hearing to be held under this section. The court shall schedule	8691
each subsequent review hearing at the conclusion of the review	8692
hearing immediately preceding the review hearing to be scheduled.	8693

(D) If, within fourteen days after a written summary of an	8694
administrative review is filed with the court pursuant to section	8695
2151.416 of the Revised Code, the court does not approve the	8696
proposed change to the case plan filed pursuant to division (E) of	8697
section 2151.416 of the Revised Code or a party or the guardian ad	8698
litem requests a review hearing pursuant to division (E) of that	8699
section, the court shall hold a review hearing in the same manner	8700
that it holds review hearings pursuant to division (C) of this	8701
section, except that if a review hearing is required by this	8702
division and if a hearing is to be held pursuant to division (C)	8703
of this section or section 2151.415 of the Revised Code, the	8704
hearing held pursuant to division (C) of this section or section	8705
2151.415 of the Revised Code shall take the place of the review	8706
hearing required by this division.	8707

(E) If a court determines pursuant to section 2151.419 of the	8708
Revised Code that a public children services agency or private	8709
child placing agency is not required to make reasonable efforts to	8710
prevent the removal of a child from the child's home, eliminate	8711
the continued removal of a child from the child's home, and return	8712
the child to the child's home, and the court does not return the	8713
child to the child's home pursuant to division (A)(3) of section	8714
2151.419 of the Revised Code, the court shall hold a review	8715
hearing to approve the permanency plan for the child and, if	8716
appropriate, to make changes to the child's case plan and the	8717
child's placement or custody arrangement consistent with the	8718
permanency plan. The court may hold the hearing immediately	8719
following the determination under section 2151.419 of the Revised	8720
Code and shall hold it no later than thirty days after making that	8721
determination.	8722

(F) The court shall give notice of the review hearings held	8723
pursuant to this section to every interested party, including, but	8724
not limited to, the appropriate agency employees who are	8725
responsible for the child's care and planning, the child's	8726
parents, any person who had guardianship or legal custody of the	8727
child prior to the custody order, the child's guardian ad litem,	8728
and the child. The court shall summon every interested party to	8729
appear at the review hearing and give them an opportunity to	8730
testify and to present other evidence with respect to the child's	8731
custody arrangement, including, but not limited to, the following:	8732
the case plan for the child,; the permanency plan, if one exists;	8733
the actions taken by the child's custodian; the need for a change	8734
in the child's custodian or caseworker; and the need for any	8735
specific action to be taken with respect to the child. The court	8736
shall require any interested party to testify or present other	8737
evidence when necessary to a proper determination of the issues	8738
presented at the review hearing. In any review hearing that	8739
pertains to a permanency plan for a child who will not be returned	8740
to the parent, the court shall consider in-state and out-of-state	8741
placement options and the court shall determine whether the	8742
in-state or the out-of-state placement continues to be appropriate	8743
and in the best interests of the child. In any review hearing that	8744
pertains to a permanency plan for a child, the court or a citizens	8745
board appointed by the court pursuant to division (H) of this	8746
section shall consult with the child, in an age-appropriate	8747
manner, regarding the proposed permanency plan for the child.	8748

(G) After the review hearing, the court shall take the	8749
following actions based upon the evidence presented:	8750

(1) If an administrative review has been conducted, determine	8751
whether the conclusions of the review are supported by a	8752
preponderance of the evidence and approve or modify the case plan	8753
based upon that evidence;	8754

(2) If the hearing was held under division (C) or (E) of this	8755
section, approve a permanency plan for the child that specifies	8756
whether and, if applicable, when the child will be safely returned	8757
home or placed for adoption, for legal custody, or in a planned	8758
permanent living arrangement. A permanency plan approved after a	8759
hearing under division (E) of this section shall not include any	8760
provision requiring the child to be returned to the child's home.	8761

(3) If the child is in temporary custody, do all of the	8762
following:	8763

(a) Determine whether the child can and should be returned	8764
home with or without an order for protective supervision;	8765

(b) If the child can and should be returned home with or	8766
without an order for protective supervision, terminate the order	8767
for temporary custody;	8768

(c) If the child cannot or should not be returned home with	8769
an order for protective supervision, determine whether the agency	8770
currently with custody of the child should retain custody or	8771
whether another public children services agency, private child	8772
placing agency, or an individual should be given custody of the	8773
child.	8774

The court shall comply with section 2151.42 of the Revised	8775
Code in taking any action under this division.	8776

(4) If the child is in permanent custody, determine what	8777
actions are required by the custodial agency and of any other	8778
organizations or persons in order to facilitate an adoption of the	8779
child and make any appropriate orders with respect to the custody	8780
arrangement or conditions of the child, including, but not limited	8781
to, a transfer of permanent custody to another public children	8782
services agency or private child placing agency;	8783

(5) Journalize the terms of the updated case plan for the	8784
child.	8785

(H) The court may appoint a referee or a citizens review	8786
board to conduct the review hearings that the court is required by	8787
this section to conduct, subject to the review and approval by the	8788
court of any determinations made by the referee or citizens review	8789
board. If the court appoints a citizens review board to conduct	8790
the review hearings, the board shall consist of one member	8791
representing the general public and four members who are trained	8792
or experienced in the care or placement of children and have	8793
training or experience in the fields of medicine, psychology,	8794
social work, education, or any related field. Of the initial	8795
appointments to the board, two shall be for a term of one year,	8796
two shall be for a term of two years, and one shall be for a term	8797
of three years, with all the terms ending one year after the date	8798
on which the appointment was made. Thereafter, all terms of the	8799
board members shall be for three years and shall end on the same	8800
day of the same month of the year as did the term that they	8801
succeed. Any member appointed to fill a vacancy occurring prior to	8802
the expiration of the term for which the member's predecessor was	8803
appointed shall hold office for the remainder of the term.	8804

(I) A copy of the court's determination following any review	8805
hearing held pursuant to this section shall be sent to the	8806
custodial agency, the guardian ad litem of the child who is the	8807
subject of the review hearing, and, if that child is not the	8808
subject of a permanent commitment hearing, the parents of the	8809
child.	8810

(J) If the hearing held under this section takes the place of	8811
an administrative review that otherwise would have been held under	8812
section 2151.416 of the Revised Code, the court at the hearing	8813
held under this section shall do all of the following in addition	8814
to any other requirements of this section:	8815

(1) Determine the continued necessity for and the safety and	8816
appropriateness of the child's placement;	8817

(2) Determine the extent of compliance with the child's case	8818
plan;	8819

(3) Determine the extent of progress that has been made	8820
toward alleviating or mitigating the causes necessitating the	8821
child's placement in foster care;	8822

(4) Project a likely date by which the child may be safely	8823
returned home or placed for adoption or legal custody.	8824

(K)(1) Whenever the court is required to approve a permanency	8825
plan under this section or section 2151.415 of the Revised Code,	8826
the public children services agency or private child placing	8827
agency that filed the complaint in the case, has custody of the	8828
child, or will be given custody of the child shall develop a	8829
permanency plan for the child. The agency must file the plan with	8830
the court prior to the hearing under this section or section	8831
2151.415 of the Revised Code.	8832

(2) The permanency plan developed by the agency must specify	8833
whether and, if applicable, when the child will be safely returned	8834
home or placed for adoption or legal custody. If the agency	8835
determines that there is a compelling reason why returning the	8836
child home or placing the child for adoption or legal custody is	8837
not in the best interest of the child, the plan shall provide that	8838
the child will be placed in a planned permanent living	8839
arrangement. A permanency plan developed as a result of a	8840
determination made under division (A)(2) of section 2151.419 of	8841
the Revised Code may not include any provision requiring the child	8842
to be returned home.	8843

(3)(a) Whenever a court is required under this section or	8844
section 2151.415 or 2151.419 of the Revised Code to conduct a	8845
review hearing to approve a permanency plan, the court shall	8846
determine whether the agency required to develop the plan has made	8847
reasonable efforts to finalize it. If the court determines the	8848
agency has not made reasonable efforts to finalize the plan, the	8849
court shall issue an order finalizing a permanency plan requiring	8850
the agency to use reasonable efforts to do the following:	8851

(i) Place the child in a timely manner into a permanent	8852
placement;	8853

(ii) Complete whatever steps are necessary to finalize the	8854
permanent placement of the child.	8855

(b) In making reasonable efforts as required in division	8856
(K)(3)(a) of this section, the agency shall consider the child's	8857
health and safety as the paramount concern.	8858

Sec. 2151.421. (A)(1)(a) No person described in division	8859
(A)(1)(b) of this section who is acting in an official or	8860
professional capacity and knows, or has reasonable cause to	8861
suspect based on facts that would cause a reasonable person in a	8862
similar position to suspect, that a child under eighteen years of	8863
age or a mentally retarded, developmentally disabled, or	8864
physically impaired child under twenty-one years of age has	8865
suffered or faces a threat of suffering any physical or mental	8866
wound, injury, disability, or condition of a nature that	8867
reasonably indicates abuse or neglect of the child shall fail to	8868
immediately report that knowledge or reasonable cause to suspect	8869
to the entity or persons specified in this division. Except as	8870
provided in section 5120.173 of the Revised Code, the person	8871
making the report shall make it to the public children services	8872
agency or a municipal or county peace officer in the county in	8873
which the child resides or in which the abuse or neglect is	8874
occurring or has occurred. In the circumstances described in	8875
section 5120.173 of the Revised Code, the person making the report	8876
shall make it to the entity specified in that section.	8877

(b) Division (A)(1)(a) of this section applies to any person	8878
who is an attorney; physician, including a hospital intern or	8879
resident; dentist; podiatrist; practitioner of a limited branch of	8880
medicine as specified in section 4731.15 of the Revised Code;	8881
registered nurse; licensed practical nurse; visiting nurse; other	8882
health care professional; licensed psychologist; licensed school	8883
psychologist; independent marriage and family therapist or	8884
marriage and family therapist; speech pathologist or audiologist;	8885
coroner; administrator or employee of a child day-care center;	8886
administrator or employee of a residential camp or child day camp;	8887
administrator or employee of a certified child care agency or	8888
other public or private children services agency; school teacher;	8889
school employee; school authority; person engaged in social work	8890
or the practice of professional counseling; agent of a county	8891
humane society; person, other than a cleric, rendering spiritual	8892
treatment through prayer in accordance with the tenets of a	8893
well-recognized religion; employee of a county department of job	8894
and family services who is a professional and who works with	8895
children and families; superintendent or regional administrator	8896
employed by the department of youth services; superintendent,	8897
board member, or employee of a county board of developmental	8898
disabilities; investigative agent contracted with by a county	8899
board of developmental disabilities; employee of the department of	8900
developmental disabilities; employee of a facility or home that	8901
provides respite care in accordance with section 5123.171 of the	8902
Revised Code; employee of a home health agency; employee of an	8903
entity that provides homemaker services; a person performing the	8904
duties of an assessor pursuant to Chapter 3107. or 5103. of the	8905
Revised Code; or third party employed by a public children	8906
services agency to assist in providing child or family related	8907
services.	8908

(2) Except as provided in division (A)(3) of this section, an	8909
attorney or a physician is not required to make a report pursuant	8910
to division (A)(1) of this section concerning any communication	8911
the attorney or physician receives from a client or patient in an	8912
attorney-client or physician-patient relationship, if, in	8913
accordance with division (A) or (B) of section 2317.02 of the	8914
Revised Code, the attorney or physician could not testify with	8915
respect to that communication in a civil or criminal proceeding.	8916

(3) The client or patient in an attorney-client or	8917
physician-patient relationship described in division (A)(2) of	8918
this section is deemed to have waived any testimonial privilege	8919
under division (A) or (B) of section 2317.02 of the Revised Code	8920
with respect to any communication the attorney or physician	8921
receives from the client or patient in that attorney-client or	8922
physician-patient relationship, and the attorney or physician	8923
shall make a report pursuant to division (A)(1) of this section	8924
with respect to that communication, if all of the following apply:	8925

(a) The client or patient, at the time of the communication,	8926
is either a child under eighteen years of age or a mentally	8927
retarded, developmentally disabled, or physically impaired person	8928
under twenty-one years of age.	8929

(b) The attorney or physician knows, or has reasonable cause	8930
to suspect based on facts that would cause a reasonable person in	8931
similar position to suspect, as a result of the communication or	8932
any observations made during that communication, that the client	8933
or patient has suffered or faces a threat of suffering any	8934
physical or mental wound, injury, disability, or condition of a	8935
nature that reasonably indicates abuse or neglect of the client or	8936
patient.	8937

(c) The abuse or neglect does not arise out of the client's	8938
or patient's attempt to have an abortion without the notification	8939
of her parents, guardian, or custodian in accordance with section	8940
2151.85 of the Revised Code.	8941

(4)(a) No cleric and no person, other than a volunteer,	8942
designated by any church, religious society, or faith acting as a	8943
leader, official, or delegate on behalf of the church, religious	8944
society, or faith who is acting in an official or professional	8945
capacity, who knows, or has reasonable cause to believe based on	8946
facts that would cause a reasonable person in a similar position	8947
to believe, that a child under eighteen years of age or a mentally	8948
retarded, developmentally disabled, or physically impaired child	8949
under twenty-one years of age has suffered or faces a threat of	8950
suffering any physical or mental wound, injury, disability, or	8951
condition of a nature that reasonably indicates abuse or neglect	8952
of the child, and who knows, or has reasonable cause to believe	8953
based on facts that would cause a reasonable person in a similar	8954
position to believe, that another cleric or another person, other	8955
than a volunteer, designated by a church, religious society, or	8956
faith acting as a leader, official, or delegate on behalf of the	8957
church, religious society, or faith caused, or poses the threat of	8958
causing, the wound, injury, disability, or condition that	8959
reasonably indicates abuse or neglect shall fail to immediately	8960
report that knowledge or reasonable cause to believe to the entity	8961
or persons specified in this division. Except as provided in	8962
section 5120.173 of the Revised Code, the person making the report	8963
shall make it to the public children services agency or a	8964
municipal or county peace officer in the county in which the child	8965
resides or in which the abuse or neglect is occurring or has	8966
occurred. In the circumstances described in section 5120.173 of	8967
the Revised Code, the person making the report shall make it to	8968
the entity specified in that section.	8969

(b) Except as provided in division (A)(4)(c) of this section,	8970
a cleric is not required to make a report pursuant to division	8971
(A)(4)(a) of this section concerning any communication the cleric	8972
receives from a penitent in a cleric-penitent relationship, if, in	8973
accordance with division (C) of section 2317.02 of the Revised	8974
Code, the cleric could not testify with respect to that	8975
communication in a civil or criminal proceeding.	8976

(c) The penitent in a cleric-penitent relationship described	8977
in division (A)(4)(b) of this section is deemed to have waived any	8978
testimonial privilege under division (C) of section 2317.02 of the	8979
Revised Code with respect to any communication the cleric receives	8980
from the penitent in that cleric-penitent relationship, and the	8981
cleric shall make a report pursuant to division (A)(4)(a) of this	8982
section with respect to that communication, if all of the	8983
following apply:	8984

(i) The penitent, at the time of the communication, is either	8985
a child under eighteen years of age or a mentally retarded,	8986
developmentally disabled, or physically impaired person under	8987
twenty-one years of age.	8988

(ii) The cleric knows, or has reasonable cause to believe	8989
based on facts that would cause a reasonable person in a similar	8990
position to believe, as a result of the communication or any	8991
observations made during that communication, the penitent has	8992
suffered or faces a threat of suffering any physical or mental	8993
wound, injury, disability, or condition of a nature that	8994
reasonably indicates abuse or neglect of the penitent.	8995

(iii) The abuse or neglect does not arise out of the	8996
penitent's attempt to have an abortion performed upon a child	8997
under eighteen years of age or upon a mentally retarded,	8998
developmentally disabled, or physically impaired person under	8999
twenty-one years of age without the notification of her parents,	9000
guardian, or custodian in accordance with section 2151.85 of the	9001
Revised Code.	9002

(d) Divisions (A)(4)(a) and (c) of this section do not apply	9003
in a cleric-penitent relationship when the disclosure of any	9004
communication the cleric receives from the penitent is in	9005
violation of the sacred trust.	9006

(e) As used in divisions (A)(1) and (4) of this section,	9007
"cleric" and "sacred trust" have the same meanings as in section	9008
2317.02 of the Revised Code.	9009

(B) Anyone who knows, or has reasonable cause to suspect	9010
based on facts that would cause a reasonable person in similar	9011
circumstances to suspect, that a child under eighteen years of age	9012
or a mentally retarded, developmentally disabled, or physically	9013
impaired person under twenty-one years of age has suffered or	9014
faces a threat of suffering any physical or mental wound, injury,	9015
disability, or other condition of a nature that reasonably	9016
indicates abuse or neglect of the child may report or cause	9017
reports to be made of that knowledge or reasonable cause to	9018
suspect to the entity or persons specified in this division.	9019
Except as provided in section 5120.173 of the Revised Code, a	9020
person making a report or causing a report to be made under this	9021
division shall make it or cause it to be made to the public	9022
children services agency or to a municipal or county peace	9023
officer. In the circumstances described in section 5120.173 of the	9024
Revised Code, a person making a report or causing a report to be	9025
made under this division shall make it or cause it to be made to	9026
the entity specified in that section.	9027

(C) Any report made pursuant to division (A) or (B) of this	9028
section shall be made forthwith either by telephone or in person	9029
and shall be followed by a written report, if requested by the	9030
receiving agency or officer. The written report shall contain:	9031

(1) The names and addresses of the child and the child's	9032
parents or the person or persons having custody of the child, if	9033
known;	9034

(2) The child's age and the nature and extent of the child's	9035
injuries, abuse, or neglect that is known or reasonably suspected	9036
or believed, as applicable, to have occurred or of the threat of	9037
injury, abuse, or neglect that is known or reasonably suspected or	9038
believed, as applicable, to exist, including any evidence of	9039
previous injuries, abuse, or neglect;	9040

(3) Any other information that might be helpful in	9041
establishing the cause of the injury, abuse, or neglect that is	9042
known or reasonably suspected or believed, as applicable, to have	9043
occurred or of the threat of injury, abuse, or neglect that is	9044
known or reasonably suspected or believed, as applicable, to	9045
exist.	9046

Any person, who is required by division (A) of this section	9047
to report child abuse or child neglect that is known or reasonably	9048
suspected or believed to have occurred, may take or cause to be	9049
taken color photographs of areas of trauma visible on a child and,	9050
if medically indicated, cause to be performed radiological	9051
examinations of the child.	9052

(D) As used in this division, "children's advocacy center"	9053
and "sexual abuse of a child" have the same meanings as in section	9054
2151.425 of the Revised Code.	9055

(1) When a municipal or county peace officer receives a	9056
report concerning the possible abuse or neglect of a child or the	9057
possible threat of abuse or neglect of a child, upon receipt of	9058
the report, the municipal or county peace officer who receives the	9059
report shall refer the report to the appropriate public children	9060
services agency.	9061

(2) When a public children services agency receives a report	9062
pursuant to this division or division (A) or (B) of this section,	9063
upon receipt of the report, the public children services agency	9064
shall do both of the following:	9065

(a) Comply with section 2151.422 of the Revised Code;

9066

(b) If the county served by the agency is also served by a	9067
children's advocacy center and the report alleges sexual abuse of	9068
a child or another type of abuse of a child that is specified in	9069
the memorandum of understanding that creates the center as being	9070
within the center's jurisdiction, comply regarding the report with	9071
the protocol and procedures for referrals and investigations, with	9072
the coordinating activities, and with the authority or	9073
responsibility for performing or providing functions, activities,	9074
and services stipulated in the interagency agreement entered into	9075
under section 2151.428 of the Revised Code relative to that	9076
center.	9077

(E) No township, municipal, or county peace officer shall	9078
remove a child about whom a report is made pursuant to this	9079
section from the child's parents, stepparents, or guardian or any	9080
other persons having custody of the child without consultation	9081
with the public children services agency, unless, in the judgment	9082
of the officer, and, if the report was made by physician, the	9083
physician, immediate removal is considered essential to protect	9084
the child from further abuse or neglect. The agency that must be	9085
consulted shall be the agency conducting the investigation of the	9086
report as determined pursuant to section 2151.422 of the Revised	9087
Code.	9088

(F)(1) Except as provided in section 2151.422 of the Revised	9089
Code or in an interagency agreement entered into under section	9090
2151.428 of the Revised Code that applies to the particular	9091
report, the public children services agency shall investigate,	9092
within twenty-four hours, each report of child abuse or child	9093
neglect that is known or reasonably suspected or believed to have	9094
occurred and of a threat of child abuse or child neglect that is	9095
known or reasonably suspected or believed to exist that is	9096
referred to it under this section to determine the circumstances	9097
surrounding the injuries, abuse, or neglect or the threat of	9098
injury, abuse, or neglect, the cause of the injuries, abuse,	9099
neglect, or threat, and the person or persons responsible. The	9100
investigation shall be made in cooperation with the law	9101
enforcement agency and in accordance with the memorandum of	9102
understanding prepared under division (J) of this section. A	9103
representative of the public children services agency shall, at	9104
the time of initial contact with the person subject to the	9105
investigation, inform the person of the specific complaints or	9106
allegations made against the person. The information shall be	9107
given in a manner that is consistent with division (H)(1) of this	9108
section and protects the rights of the person making the report	9109
under this section.	9110

A failure to make the investigation in accordance with the	9111
memorandum is not grounds for, and shall not result in, the	9112
dismissal of any charges or complaint arising from the report or	9113
the suppression of any evidence obtained as a result of the report	9114
and does not give, and shall not be construed as giving, any	9115
rights or any grounds for appeal or post-conviction relief to any	9116
person. The public children services agency shall report each case	9117
to the uniform statewide automated child welfare information	9118
system that the department of job and family services shall	9119
maintain in accordance with section 5101.13 of the Revised Code.	9120
The public children services agency shall submit a report of its	9121
investigation, in writing, to the law enforcement agency.	9122

(2) The public children services agency shall make any	9123
recommendations to the county prosecuting attorney or city	9124
director of law that it considers necessary to protect any	9125
children that are brought to its attention.	9126

(G)(1)(a) Except as provided in division (H)(3) of this	9127
section, anyone or any hospital, institution, school, health	9128
department, or agency participating in the making of reports under	9129
division (A) of this section, anyone or any hospital, institution,	9130
school, health department, or agency participating in good faith	9131
in the making of reports under division (B) of this section, and	9132
anyone participating in good faith in a judicial proceeding	9133
resulting from the reports, shall be immune from any civil or	9134
criminal liability for injury, death, or loss to person or	9135
property that otherwise might be incurred or imposed as a result	9136
of the making of the reports or the participation in the judicial	9137
proceeding.	9138

(b) Notwithstanding section 4731.22 of the Revised Code, the	9139
physician-patient privilege shall not be a ground for excluding	9140
evidence regarding a child's injuries, abuse, or neglect, or the	9141
cause of the injuries, abuse, or neglect in any judicial	9142
proceeding resulting from a report submitted pursuant to this	9143
section.	9144

(2) In any civil or criminal action or proceeding in which it	9145
is alleged and proved that participation in the making of a report	9146
under this section was not in good faith or participation in a	9147
judicial proceeding resulting from a report made under this	9148
section was not in good faith, the court shall award the	9149
prevailing party reasonable attorney's fees and costs and, if a	9150
civil action or proceeding is voluntarily dismissed, may award	9151
reasonable attorney's fees and costs to the party against whom the	9152
civil action or proceeding is brought.	9153

(H)(1) Except as provided in divisions (H)(4) and (N) of this	9154
section, a report made under this section is confidential. The	9155
information provided in a report made pursuant to this section and	9156
the name of the person who made the report shall not be released	9157
for use, and shall not be used, as evidence in any civil action or	9158
proceeding brought against the person who made the report. Nothing	9159
in this division shall preclude the use of reports of other	9160
incidents of known or suspected abuse or neglect in a civil action	9161
or proceeding brought pursuant to division (M) of this section	9162
against a person who is alleged to have violated division (A)(1)	9163
of this section, provided that any information in a report that	9164
would identify the child who is the subject of the report or the	9165
maker of the report, if the maker of the report is not the	9166
defendant or an agent or employee of the defendant, has been	9167
redacted. In a criminal proceeding, the report is admissible in	9168
evidence in accordance with the Rules of Evidence and is subject	9169
to discovery in accordance with the Rules of Criminal Procedure.	9170

(2) No person shall permit or encourage the unauthorized	9171
dissemination of the contents of any report made under this	9172
section.	9173

(3) A person who knowingly makes or causes another person to	9174
make a false report under division (B) of this section that	9175
alleges that any person has committed an act or omission that	9176
resulted in a child being an abused child or a neglected child is	9177
guilty of a violation of section 2921.14 of the Revised Code.	9178

(4) If a report is made pursuant to division (A) or (B) of	9179
this section and the child who is the subject of the report dies	9180
for any reason at any time after the report is made, but before	9181
the child attains eighteen years of age, the public children	9182
services agency or municipal or county peace officer to which the	9183
report was made or referred, on the request of the child fatality	9184
review board, shall submit a summary sheet of information	9185
providing a summary of the report to the review board of the	9186
county in which the deceased child resided at the time of death.	9187
On the request of the review board, the agency or peace officer	9188
may, at its discretion, make the report available to the review	9189
board. If the county served by the public children services agency	9190
is also served by a children's advocacy center and the report of	9191
alleged sexual abuse of a child or another type of abuse of a	9192
child is specified in the memorandum of understanding that creates	9193
the center as being within the center's jurisdiction, the agency	9194
or center shall perform the duties and functions specified in this	9195
division in accordance with the interagency agreement entered into	9196
under section 2151.428 of the Revised Code relative to that	9197
advocacy center.	9198

(5) A public children services agency shall advise a person	9199
alleged to have inflicted abuse or neglect on a child who is the	9200
subject of a report made pursuant to this section, including a	9201
report alleging sexual abuse of a child or another type of abuse	9202
of a child referred to a children's advocacy center pursuant to an	9203
interagency agreement entered into under section 2151.428 of the	9204
Revised Code, in writing of the disposition of the investigation.	9205
The agency shall not provide to the person any information that	9206
identifies the person who made the report, statements of	9207
witnesses, or police or other investigative reports.	9208

(I) Any report that is required by this section, other than a	9209
report that is made to the state highway patrol as described in	9210
section 5120.173 of the Revised Code, shall result in protective	9211
services and emergency supportive services being made available by	9212
the public children services agency on behalf of the children	9213
about whom the report is made, in an effort to prevent further	9214
neglect or abuse, to enhance their welfare, and, whenever	9215
possible, to preserve the family unit intact. The agency required	9216
to provide the services shall be the agency conducting the	9217
investigation of the report pursuant to section 2151.422 of the	9218
Revised Code.	9219

(J)(1) Each public children services agency shall prepare a	9220
memorandum of understanding that is signed by all of the	9221
following:	9222

(a) If there is only one juvenile judge in the county, the	9223
juvenile judge of the county or the juvenile judge's	9224
representative;	9225

(b) If there is more than one juvenile judge in the county, a	9226
juvenile judge or the juvenile judges' representative selected by	9227
the juvenile judges or, if they are unable to do so for any	9228
reason, the juvenile judge who is senior in point of service or	9229
the senior juvenile judge's representative;	9230

9231

(d) All chief municipal peace officers within the county;

9232

(e) Other law enforcement officers handling child abuse and	9233
neglect cases in the county;	9234

(f) The prosecuting attorney of the county;

9235

(g) If the public children services agency is not the county	9236
department of job and family services, the county department of	9237
job and family services;	9238

(h) The county humane society;

9239

(i) If the public children services agency participated in	9240
the execution of a memorandum of understanding under section	9241
2151.426 of the Revised Code establishing a children's advocacy	9242
center, each participating member of the children's advocacy	9243
center established by the memorandum.	9244

(2) A memorandum of understanding shall set forth the normal	9245
operating procedure to be employed by all concerned officials in	9246
the execution of their respective responsibilities under this	9247
section and division (C) of section 2919.21, division (B)(1) of	9248
section 2919.22, division (B) of section 2919.23, and section	9249
2919.24 of the Revised Code and shall have as two of its primary	9250
goals the elimination of all unnecessary interviews of children	9251
who are the subject of reports made pursuant to division (A) or	9252
(B) of this section and, when feasible, providing for only one	9253
interview of a child who is the subject of any report made	9254
pursuant to division (A) or (B) of this section. A failure to	9255
follow the procedure set forth in the memorandum by the concerned	9256
officials is not grounds for, and shall not result in, the	9257
dismissal of any charges or complaint arising from any reported	9258
case of abuse or neglect or the suppression of any evidence	9259
obtained as a result of any reported child abuse or child neglect	9260
and does not give, and shall not be construed as giving, any	9261
rights or any grounds for appeal or post-conviction relief to any	9262
person.	9263

(3) A memorandum of understanding shall include all of the	9264
following:	9265

(a) The roles and responsibilities for handling emergency and	9266
nonemergency cases of abuse and neglect;	9267

(b) Standards and procedures to be used in handling and	9268
coordinating investigations of reported cases of child abuse and	9269
reported cases of child neglect, methods to be used in	9270
interviewing the child who is the subject of the report and who	9271
allegedly was abused or neglected, and standards and procedures	9272
addressing the categories of persons who may interview the child	9273
who is the subject of the report and who allegedly was abused or	9274
neglected.	9275

(4) If a public children services agency participated in the	9276
execution of a memorandum of understanding under section 2151.426	9277
of the Revised Code establishing a children's advocacy center, the	9278
agency shall incorporate the contents of that memorandum in the	9279
memorandum prepared pursuant to this section.	9280

(5) The clerk of the court of common pleas in the county may	9281
sign the memorandum of understanding prepared under division	9282
(J)(1) of this section. If the clerk signs the memorandum of	9283
understanding, the clerk shall execute all relevant	9284
responsibilities as required of officials specified in the	9285
memorandum.	9286

(K)(1) Except as provided in division (K)(4) of this section,	9287
a person who is required to make a report pursuant to division (A)	9288
of this section may make a reasonable number of requests of the	9289
public children services agency that receives or is referred the	9290
report, or of the children's advocacy center that is referred the	9291
report if the report is referred to a children's advocacy center	9292
pursuant to an interagency agreement entered into under section	9293
2151.428 of the Revised Code, to be provided with the following	9294
information:	9295

(a) Whether the agency or center has initiated an	9296
investigation of the report;	9297

(b) Whether the agency or center is continuing to investigate	9298
the report;	9299

(c) Whether the agency or center is otherwise involved with	9300
the child who is the subject of the report;	9301

(d) The general status of the health and safety of the child	9302
who is the subject of the report;	9303

(e) Whether the report has resulted in the filing of a	9304
complaint in juvenile court or of criminal charges in another	9305
court.	9306

(2) A person may request the information specified in	9307
division (K)(1) of this section only if, at the time the report is	9308
made, the person's name, address, and telephone number are	9309
provided to the person who receives the report.	9310

When a municipal or county peace officer or employee of a	9311
public children services agency receives a report pursuant to	9312
division (A) or (B) of this section the recipient of the report	9313
shall inform the person of the right to request the information	9314
described in division (K)(1) of this section. The recipient of the	9315
report shall include in the initial child abuse or child neglect	9316
report that the person making the report was so informed and, if	9317
provided at the time of the making of the report, shall include	9318
the person's name, address, and telephone number in the report.	9319

Each request is subject to verification of the identity of	9320
the person making the report. If that person's identity is	9321
verified, the agency shall provide the person with the information	9322
described in division (K)(1) of this section a reasonable number	9323
of times, except that the agency shall not disclose any	9324
confidential information regarding the child who is the subject of	9325
the report other than the information described in those	9326
divisions.	9327

(3) A request made pursuant to division (K)(1) of this	9328
section is not a substitute for any report required to be made	9329
pursuant to division (A) of this section.	9330

(4) If an agency other than the agency that received or was	9331
referred the report is conducting the investigation of the report	9332
pursuant to section 2151.422 of the Revised Code, the agency	9333
conducting the investigation shall comply with the requirements of	9334
division (K) of this section.	9335

(L) The director of job and family services shall adopt rules	9336
in accordance with Chapter 119. of the Revised Code to implement	9337
this section. The department of job and family services may enter	9338
into a plan of cooperation with any other governmental entity to	9339
aid in ensuring that children are protected from abuse and	9340
neglect. The department shall make recommendations to the attorney	9341
general that the department determines are necessary to protect	9342
children from child abuse and child neglect.	9343

(M) Whoever violates division (A) of this section is liable	9344
for compensatory and exemplary damages to the child who would have	9345
been the subject of the report that was not made. A person who	9346
brings a civil action or proceeding pursuant to this division	9347
against a person who is alleged to have violated division (A)(1)	9348
of this section may use in the action or proceeding reports of	9349
other incidents of known or suspected abuse or neglect, provided	9350
that any information in a report that would identify the child who	9351
is the subject of the report or the maker of the report, if the	9352
maker is not the defendant or an agent or employee of the	9353
defendant, has been redacted.	9354

(N)(1) As used in this division:

9355

(a) "Out-of-home care" includes a nonchartered nonpublic	9356
school if the alleged child abuse or child neglect, or alleged	9357
threat of child abuse or child neglect, described in a report	9358
received by a public children services agency allegedly occurred	9359
in or involved the nonchartered nonpublic school and the alleged	9360
perpetrator named in the report holds a certificate, permit, or	9361
license issued by the state board of education under section	9362
3301.071 or Chapter 3319. of the Revised Code.	9363

(b) "Administrator, director, or other chief administrative	9364
officer" means the superintendent of the school district if the	9365
out-of-home care entity subject to a report made pursuant to this	9366
section is a school operated by the district.	9367

(2) No later than the end of the day following the day on	9368
which a public children services agency receives a report of	9369
alleged child abuse or child neglect, or a report of an alleged	9370
threat of child abuse or child neglect, that allegedly occurred in	9371
or involved an out-of-home care entity, the agency shall provide	9372
written notice of the allegations contained in and the person	9373
named as the alleged perpetrator in the report to the	9374
administrator, director, or other chief administrative officer of	9375
the out-of-home care entity that is the subject of the report	9376
unless the administrator, director, or other chief administrative	9377
officer is named as an alleged perpetrator in the report. If the	9378
administrator, director, or other chief administrative officer of	9379
an out-of-home care entity is named as an alleged perpetrator in a	9380
report of alleged child abuse or child neglect, or a report of an	9381
alleged threat of child abuse or child neglect, that allegedly	9382
occurred in or involved the out-of-home care entity, the agency	9383
shall provide the written notice to the owner or governing board	9384
of the out-of-home care entity that is the subject of the report.	9385
The agency shall not provide witness statements or police or other	9386
investigative reports.	9387

(3) No later than three days after the day on which a public	9388
children services agency that conducted the investigation as	9389
determined pursuant to section 2151.422 of the Revised Code makes	9390
a disposition of an investigation involving a report of alleged	9391
child abuse or child neglect, or a report of an alleged threat of	9392
child abuse or child neglect, that allegedly occurred in or	9393
involved an out-of-home care entity, the agency shall send written	9394
notice of the disposition of the investigation to the	9395
administrator, director, or other chief administrative officer and	9396
the owner or governing board of the out-of-home care entity. The	9397
agency shall not provide witness statements or police or other	9398
investigative reports.	9399

(O) As used in this section, "investigation" means the public	9400
children services agency's response to an accepted report of child	9401
abuse or neglect through either an alternative response or a	9402
traditional response.	9403

Sec. 2152.19. (A) If a child is adjudicated a delinquent	9404
child, the court may make any of the following orders of	9405
disposition, in addition to any other disposition authorized or	9406
required by this chapter:	9407

(1) Any order that is authorized by section 2151.353 of the	9408
Revised Code for the care and protection of an abused, neglected,	9409
or dependent child;	9410

(2) Commit the child to the temporary custody of any school,	9411
camp, institution, or other facility operated for the care of	9412
delinquent children by the county, by a district organized under	9413
section 2152.41 or 2151.65 of the Revised Code, or by a private	9414
agency or organization, within or without the state, that is	9415
authorized and qualified to provide the care, treatment, or	9416
placement required, including, but not limited to, a school, camp,	9417
or facility operated under section 2151.65 of the Revised Code;	9418

(3) Place the child in a detention facility or district	9419
detention facility operated under section 2152.41 of the Revised	9420
Code, for up to ninety days;	9421

(4) Place the child on community control under any sanctions,	9422
services, and conditions that the court prescribes. As a condition	9423
of community control in every case and in addition to any other	9424
condition that it imposes upon the child, the court shall require	9425
the child to abide by the law during the period of community	9426
control. As referred to in this division, community control	9427
includes, but is not limited to, the following sanctions and	9428
conditions:	9429

(a) A period of basic probation supervision in which the	9430
child is required to maintain contact with a person appointed to	9431
supervise the child in accordance with sanctions imposed by the	9432
court;	9433

(b) A period of intensive probation supervision in which the	9434
child is required to maintain frequent contact with a person	9435
appointed by the court to supervise the child while the child is	9436
seeking or maintaining employment and participating in training,	9437
education, and treatment programs as the order of disposition;	9438

(c) A period of day reporting in which the child is required	9439
each day to report to and leave a center or another approved	9440
reporting location at specified times in order to participate in	9441
work, education or training, treatment, and other approved	9442
programs at the center or outside the center;	9443

(d) A period of community service of up to five hundred hours	9444
for an act that would be a felony or a misdemeanor of the first	9445
degree if committed by an adult, up to two hundred hours for an	9446
act that would be a misdemeanor of the second, third, or fourth	9447
degree if committed by an adult, or up to thirty hours for an act	9448
that would be a minor misdemeanor if committed by an adult;	9449

(e) A requirement that the child obtain a high school	9450
diploma, a certificate of high school equivalence, vocational	9451
training, or employment;	9452

(f) A period of drug and alcohol use monitoring;

9453

(g) A requirement of alcohol or drug assessment or	9454
counseling, or a period in an alcohol or drug treatment program	9455
with a level of security for the child as determined necessary by	9456
the court;	9457

(h) A period in which the court orders the child to observe a	9458
curfew that may involve daytime or evening hours;	9459

(i) A requirement that the child serve monitored time;

9460

(j) A period of house arrest without electronic monitoring or	9461
continuous alcohol monitoring;	9462

(k) A period of electronic monitoring or continuous alcohol	9463
monitoring without house arrest, or house arrest with electronic	9464
monitoring or continuous alcohol monitoring or both electronic	9465
monitoring and continuous alcohol monitoring, that does not exceed	9466
the maximum sentence of imprisonment that could be imposed upon an	9467
adult who commits the same act.	9468

A period of house arrest with electronic monitoring or	9469
continuous alcohol monitoring or both electronic monitoring and	9470
continuous alcohol monitoring, imposed under this division shall	9471
not extend beyond the child's twenty-first birthday. If a court	9472
imposes a period of house arrest with electronic monitoring or	9473
continuous alcohol monitoring or both electronic monitoring and	9474
continuous alcohol monitoring, upon a child under this division,	9475
it shall require the child: to remain in the child's home or other	9476
specified premises for the entire period of house arrest with	9477
electronic monitoring or continuous alcohol monitoring or both	9478
except when the court permits the child to leave those premises to	9479
go to school or to other specified premises. Regarding electronic	9480
monitoring, the court also shall require the child to be monitored	9481
by a central system that can determine the child's location at	9482
designated times; to report periodically to a person designated by	9483
the court; and to enter into a written contract with the court	9484
agreeing to comply with all requirements imposed by the court,	9485
agreeing to pay any fee imposed by the court for the costs of the	9486
house arrest with electronic monitoring, and agreeing to waive the	9487
right to receive credit for any time served on house arrest with	9488
electronic monitoring toward the period of any other dispositional	9489
order imposed upon the child if the child violates any of the	9490
requirements of the dispositional order of house arrest with	9491
electronic monitoring. The court also may impose other reasonable	9492
requirements upon the child.	9493

Unless ordered by the court, a child shall not receive credit	9494
for any time served on house arrest with electronic monitoring or	9495
continuous alcohol monitoring or both toward any other	9496
dispositional order imposed upon the child for the act for which	9497
was imposed the dispositional order of house arrest with	9498
electronic monitoring or continuous alcohol monitoring. As used in	9499
this division and division (A)(4)(l) of this section, "continuous	9500
alcohol monitoring" has the same meaning as in section 2929.01 of	9501
the Revised Code.	9502

(l) A suspension of the driver's license, probationary	9503
driver's license, or temporary instruction permit issued to the	9504
child for a period of time prescribed by the court, or a	9505
suspension of the registration of all motor vehicles registered in	9506
the name of the child for a period of time prescribed by the	9507
court. A child whose license or permit is so suspended is	9508
ineligible for issuance of a license or permit during the period	9509
of suspension. At the end of the period of suspension, the child	9510
shall not be reissued a license or permit until the child has paid	9511
any applicable reinstatement fee and complied with all	9512
requirements governing license reinstatement.	9513

(5) Commit the child to the custody of the court;

9514

(6) Require the child to not be absent without legitimate	9515
excuse from the public school the child is supposed to attend for	9516
five or more consecutive days, seven or more school days in one	9517
school month, or twelve or more school days in a school year;	9518

(7)(a) If a child is adjudicated a delinquent child for being	9519
a chronic truant or a habitual truant who previously has been	9520
adjudicated an unruly child for being a habitual truant, do either	9521
or both of the following:	9522

(i) Require the child to participate in a truancy prevention	9523
mediation program;	9524

(ii) Make any order of disposition as authorized by this	9525
section, except that the court shall not commit the child to a	9526
facility described in division (A)(2) or (3) of this section	9527
unless the court determines that the child violated a lawful court	9528
order made pursuant to division (C)(1)(e) of section 2151.354 of	9529
the Revised Code or division (A)(6) of this section.	9530

(b) If a child is adjudicated a delinquent child for being a	9531
chronic truant or a habitual truant who previously has been	9532
adjudicated an unruly child for being a habitual truant and the	9533
court determines that the parent, guardian, or other person having	9534
care of the child has failed to cause the child's attendance at	9535
school in violation of section 3321.38 of the Revised Code, do	9536
either or both of the following:	9537

(i) Require the parent, guardian, or other person having care	9538
of the child to participate in a truancy prevention mediation	9539
program;	9540

(ii) Require the parent, guardian, or other person having	9541
care of the child to participate in any community service program,	9542
preferably a community service program that requires the	9543
involvement of the parent, guardian, or other person having care	9544
of the child in the school attended by the child.	9545

(8) Make any further disposition that the court finds proper,	9546
except that the child shall not be placed in ~~any of the following:~~	9547

~~(a) A~~a state correctional institution, a county,	9548
multicounty, or municipal jail or workhouse, or another place in	9549
which an adult convicted of a crime, under arrest, or charged with	9550
a crime is held;	9551

~~(b) A community corrections facility, if the child would be~~	9552
~~covered by the definition of public safety beds for purposes of~~	9553
~~sections 5139.41 to 5139.43 of the Revised Code if the court~~	9554
~~exercised its authority to commit the child to the legal custody~~	9555
~~of the department of youth services for institutionalization or~~	9556
~~institutionalization in a secure facility pursuant to this~~	9557
~~chapter~~.	9558

(B) If a child is adjudicated a delinquent child, in addition	9559
to any order of disposition made under division (A) of this	9560
section, the court, in the following situations and for the	9561
specified periods of time, shall suspend the child's temporary	9562
instruction permit, restricted license, probationary driver's	9563
license, or nonresident operating privilege, or suspend the	9564
child's ability to obtain such a permit:	9565

(1) If the child is adjudicated a delinquent child for	9566
violating section 2923.122 of the Revised Code, impose a class	9567
four suspension of the child's license, permit, or privilege from	9568
the range specified in division (A)(4) of section 4510.02 of the	9569
Revised Code or deny the child the issuance of a license or permit	9570
in accordance with division (F)(1) of section 2923.122 of the	9571
Revised Code.	9572

(2) If the child is adjudicated a delinquent child for	9573
committing an act that if committed by an adult would be a drug	9574
abuse offense or for violating division (B) of section 2917.11 of	9575
the Revised Code, suspend the child's license, permit, or	9576
privilege for a period of time prescribed by the court. The court,	9577
in its discretion, may terminate the suspension if the child	9578
attends and satisfactorily completes a drug abuse or alcohol abuse	9579
education, intervention, or treatment program specified by the	9580
court. During the time the child is attending a program described	9581
in this division, the court shall retain the child's temporary	9582
instruction permit, probationary driver's license, or driver's	9583
license, and the court shall return the permit or license if it	9584
terminates the suspension as described in this division.	9585

(C) The court may establish a victim-offender mediation	9586
program in which victims and their offenders meet to discuss the	9587
offense and suggest possible restitution. If the court obtains the	9588
assent of the victim of the delinquent act committed by the child,	9589
the court may require the child to participate in the program.	9590

(D)(1) If a child is adjudicated a delinquent child for	9591
committing an act that would be a felony if committed by an adult	9592
and if the child caused, attempted to cause, threatened to cause,	9593
or created a risk of physical harm to the victim of the act, the	9594
court, prior to issuing an order of disposition under this	9595
section, shall order the preparation of a victim impact statement	9596
by the probation department of the county in which the victim of	9597
the act resides, by the court's own probation department, or by a	9598
victim assistance program that is operated by the state, a county,	9599
a municipal corporation, or another governmental entity. The court	9600
shall consider the victim impact statement in determining the	9601
order of disposition to issue for the child.	9602

(2) Each victim impact statement shall identify the victim of	9603
the act for which the child was adjudicated a delinquent child,	9604
itemize any economic loss suffered by the victim as a result of	9605
the act, identify any physical injury suffered by the victim as a	9606
result of the act and the seriousness and permanence of the	9607
injury, identify any change in the victim's personal welfare or	9608
familial relationships as a result of the act and any	9609
psychological impact experienced by the victim or the victim's	9610
family as a result of the act, and contain any other information	9611
related to the impact of the act upon the victim that the court	9612
requires.	9613

(3) A victim impact statement shall be kept confidential and	9614
is not a public record. However, the court may furnish copies of	9615
the statement to the department of youth services if the	9616
delinquent child is committed to the department or to both the	9617
adjudicated delinquent child or the adjudicated delinquent child's	9618
counsel and the prosecuting attorney. The copy of a victim impact	9619
statement furnished by the court to the department pursuant to	9620
this section shall be kept confidential and is not a public	9621
record. If an officer is preparing pursuant to section 2947.06 or	9622
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	9623
investigation report pertaining to a person, the court shall make	9624
available to the officer, for use in preparing the report, a copy	9625
of any victim impact statement regarding that person. The copies	9626
of a victim impact statement that are made available to the	9627
adjudicated delinquent child or the adjudicated delinquent child's	9628
counsel and the prosecuting attorney pursuant to this division	9629
shall be returned to the court by the person to whom they were	9630
made available immediately following the imposition of an order of	9631
disposition for the child under this chapter.	9632

The copy of a victim impact statement that is made available	9633
pursuant to this division to an officer preparing a criminal	9634
presentence investigation report shall be returned to the court by	9635
the officer immediately following its use in preparing the report.	9636

(4) The department of youth services shall work with local	9637
probation departments and victim assistance programs to develop a	9638
standard victim impact statement.	9639

(E) If a child is adjudicated a delinquent child for being a	9640
chronic truant or a habitual truant who previously has been	9641
adjudicated an unruly child for being a habitual truant and the	9642
court determines that the parent, guardian, or other person having	9643
care of the child has failed to cause the child's attendance at	9644
school in violation of section 3321.38 of the Revised Code, in	9645
addition to any order of disposition it makes under this section,	9646
the court shall warn the parent, guardian, or other person having	9647
care of the child that any subsequent adjudication of the child as	9648
an unruly or delinquent child for being a habitual or chronic	9649
truant may result in a criminal charge against the parent,	9650
guardian, or other person having care of the child for a violation	9651
of division (C) of section 2919.21 or section 2919.24 of the	9652
Revised Code.	9653

(F)(1) During the period of a delinquent child's community	9654
control granted under this section, authorized probation officers	9655
who are engaged within the scope of their supervisory duties or	9656
responsibilities may search, with or without a warrant, the person	9657
of the delinquent child, the place of residence of the delinquent	9658
child, and a motor vehicle, another item of tangible or intangible	9659
personal property, or other real property in which the delinquent	9660
child has a right, title, or interest or for which the delinquent	9661
child has the express or implied permission of a person with a	9662
right, title, or interest to use, occupy, or possess if the	9663
probation officers have reasonable grounds to believe that the	9664
delinquent child is not abiding by the law or otherwise is not	9665
complying with the conditions of the delinquent child's community	9666
control. The court that places a delinquent child on community	9667
control under this section shall provide the delinquent child with	9668
a written notice that informs the delinquent child that authorized	9669
probation officers who are engaged within the scope of their	9670
supervisory duties or responsibilities may conduct those types of	9671
searches during the period of community control if they have	9672
reasonable grounds to believe that the delinquent child is not	9673
abiding by the law or otherwise is not complying with the	9674
conditions of the delinquent child's community control. The court	9675
also shall provide the written notice described in division (E)(2)	9676
of this section to each parent, guardian, or custodian of the	9677
delinquent child who is described in that division.	9678

(2) The court that places a child on community control under	9679
this section shall provide the child's parent, guardian, or other	9680
custodian with a written notice that informs them that authorized	9681
probation officers may conduct searches pursuant to division	9682
(E)(1) of this section. The notice shall specifically state that a	9683
permissible search might extend to a motor vehicle, another item	9684
of tangible or intangible personal property, or a place of	9685
residence or other real property in which a notified parent,	9686
guardian, or custodian has a right, title, or interest and that	9687
the parent, guardian, or custodian expressly or impliedly permits	9688
the child to use, occupy, or possess.	9689

(G) If a juvenile court commits a delinquent child to the	9690
custody of any person, organization, or entity pursuant to this	9691
section and if the delinquent act for which the child is so	9692
committed is a sexually oriented offense or is a child-victim	9693
oriented offense, the court in the order of disposition shall do	9694
one of the following:	9695

(1) Require that the child be provided treatment as described	9696
in division (A)(2) of section 5139.13 of the Revised Code;	9697

(2) Inform the person, organization, or entity that it is the	9698
preferred course of action in this state that the child be	9699
provided treatment as described in division (A)(2) of section	9700
5139.13 of the Revised Code and encourage the person,	9701
organization, or entity to provide that treatment.	9702

Sec. 2305.09. Except as provided for in division (C) of this	9703
section, an action for any of the following causes shall be	9704
brought within four years after the cause thereof accrued:	9705

(A) For trespassing upon real property;

9706

(B) For the recovery of personal property, or for taking or	9707
detaining it;	9708

(C) For relief on the ground of fraud, except when the cause	9709
of action is a violation of section 2913.49 of the Revised Code,	9710
in which case the action shall be brought within five years after	9711
the cause thereof accrued;	9712

(D) For an injury to the rights of the plaintiff not arising	9713
on contract nor enumerated in sections 1304.35, 2305.10 to	9714
2305.12, and 2305.14 of the Revised Code;	9715

(E) For relief on the grounds of a physical or regulatory	9716
taking of real property.	9717

If the action is for trespassing under ground or injury to	9718
mines, or for the wrongful taking of personal property, the causes	9719
thereof shall not accrue until the wrongdoer is discovered; nor,	9720
if it is for fraud, until the fraud is discovered.	9721

An action for professional negligence against a registered	9722
surveyor shall be commenced within four years after the completion	9723
of the engagement on which the cause of action is based.	9724

Sec. 2710.06. (A) Except as provided in division (B) of this	9725
section and section 3109.052 of the Revised Code, a mediator shall	9726
not make a report, assessment, evaluation, recommendation,	9727
finding, or other communication regarding a mediation to a court,	9728
department, agency, or officer of this state or its political	9729
subdivisions that may make a ruling on the dispute that is the	9730
subject of the mediation.	9731

(B) A mediator may disclose any of the following:

9732

(1) Whether the mediation occurred or has terminated, whether	9733
a settlement was reached, and attendance;	9734

(2) A mediation communication as permitted by section ~~2710.07~~	9735
2710.05 of the Revised Code;	9736

(3) A mediation communication evidencing abuse, neglect,	9737
abandonment, or exploitation of an individual to a public agency	9738
responsible for protecting individuals against abuse, neglect,	9739
abandonment, or exploitation.	9740

(C) A communication made in violation of division (A) of this	9741
section shall not be considered by a court, administrative agency,	9742
or arbitrator.	9743

Sec. 2743.191. (A)(1) There is hereby created in the state	9744
treasury the reparations fund, which shall be used only for the	9745
following purposes:	9746

(a) The payment of awards of reparations that are granted by	9747
the attorney general;	9748

(b) The compensation of any personnel needed by the attorney	9749
general to administer sections 2743.51 to 2743.72 of the Revised	9750
Code;	9751

(c) The compensation of witnesses as provided in division (J)	9752
of section 2743.65 of the Revised Code;	9753

(d) Other administrative costs of hearing and determining	9754
claims for an award of reparations by the attorney general;	9755

(e) The costs of administering sections 2907.28 and 2969.01	9756
to 2969.06 of the Revised Code;	9757

(f) The costs of investigation and decision-making as	9758
certified by the attorney general;	9759

(g) The provision of state financial assistance to victim	9760
assistance programs in accordance with sections 109.91 and 109.92	9761
of the Revised Code;	9762

(h) The costs of paying the expenses of sex offense-related	9763
examinations ~~and~~, antibiotics, and HIV post-exposure prophylaxis	9764
pursuant to section 2907.28 of the Revised Code;	9765

(i) The cost of printing and distributing the pamphlet	9766
prepared by the attorney general pursuant to section 109.42 of the	9767
Revised Code;	9768

(j) Subject to division (D) of section 2743.71 of the Revised	9769
Code, the costs associated with the printing and providing of	9770
information cards or other printed materials to law enforcement	9771
agencies and prosecuting authorities and with publicizing the	9772
availability of awards of reparations pursuant to section 2743.71	9773
of the Revised Code;	9774

(k) The payment of costs of administering a DNA specimen	9775
collection procedure pursuant to sections 2152.74 and 2901.07 of	9776
the Revised Code, of performing DNA analysis of those DNA	9777
specimens, and of entering the resulting DNA records regarding	9778
those analyses into the DNA database pursuant to section 109.573	9779
of the Revised Code;	9780

(l) The payment of actual costs associated with initiatives	9781
by the attorney general for the apprehension, prosecution, and	9782
accountability of offenders, and the enhancing of services to	9783
crime victims. The amount of payments made pursuant to division	9784
(A)(1)(l) of this section during any given fiscal year shall not	9785
exceed five per cent of the balance of the reparations fund at the	9786
close of the immediately previous fiscal year;	9787

(m) The costs of administering the adult parole authority's	9788
supervision pursuant to division (E) of section 2971.05 of the	9789
Revised Code of sexually violent predators who are sentenced to a	9790
prison term pursuant to division (A)(3) of section 2971.03 of the	9791
Revised Code and of offenders who are sentenced to a prison term	9792
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	9793
(c), or (B)(3)(a), (b), (c), or (d) of that section;	9794

(n) Subject to the limit set forth in those sections, the	9795
costs of the installation and monitoring of an electronic	9796
monitoring device used in the monitoring of a respondent pursuant	9797
to an electronic monitoring order issued by a court under division	9798
(E)(1)(b) of section 2151.34 or division (E)(1)(b) of section	9799
2903.214 of the Revised Code if the court determines that the	9800
respondent is indigent or used in the monitoring of an offender	9801
pursuant to an electronic monitoring order issued under division	9802
(B)(5) of section 2919.27 of the Revised Code if the court	9803
determines that the offender is indigent.	9804

(2) All costs paid pursuant to section 2743.70 of the Revised	9805
Code, the portions of license reinstatement fees mandated by	9806
division (F)(2)(b) of section 4511.191 of the Revised Code to be	9807
credited to the fund, the portions of the proceeds of the sale of	9808
a forfeited vehicle specified in division (C)(2) of section	9809
4503.234 of the Revised Code, payments collected by the department	9810
of rehabilitation and correction from prisoners who voluntarily	9811
participate in an approved work and training program pursuant to	9812
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	9813
all moneys collected by the state pursuant to its right of	9814
subrogation provided in section 2743.72 of the Revised Code shall	9815
be deposited in the fund.	9816

(B) In making an award of reparations, the attorney general	9817
shall render the award against the state. The award shall be	9818
accomplished only through the following procedure, and the	9819
following procedure may be enforced by writ of mandamus directed	9820
to the appropriate official:	9821

(1) The attorney general shall provide for payment of the	9822
claimant or providers in the amount of the award only if the	9823
amount of the award is fifty dollars or more.	9824

(2) The expense shall be charged against all available	9825
unencumbered moneys in the fund.	9826

(3) If sufficient unencumbered moneys do not exist in the	9827
fund, the attorney general shall make application for payment of	9828
the award out of the emergency purposes account or any other	9829
appropriation for emergencies or contingencies, and payment out of	9830
this account or other appropriation shall be authorized if there	9831
are sufficient moneys greater than the sum total of then pending	9832
emergency purposes account requests or requests for releases from	9833
the other appropriations.	9834

(4) If sufficient moneys do not exist in the account or any	9835
other appropriation for emergencies or contingencies to pay the	9836
award, the attorney general shall request the general assembly to	9837
make an appropriation sufficient to pay the award, and no payment	9838
shall be made until the appropriation has been made. The attorney	9839
general shall make this appropriation request during the current	9840
biennium and during each succeeding biennium until a sufficient	9841
appropriation is made. If, prior to the time that an appropriation	9842
is made by the general assembly pursuant to this division, the	9843
fund has sufficient unencumbered funds to pay the award or part of	9844
the award, the available funds shall be used to pay the award or	9845
part of the award, and the appropriation request shall be amended	9846
to request only sufficient funds to pay that part of the award	9847
that is unpaid.	9848

(C) The attorney general shall not make payment on a decision	9849
or order granting an award until all appeals have been determined	9850
and all rights to appeal exhausted, except as otherwise provided	9851
in this section. If any party to a claim for an award of	9852
reparations appeals from only a portion of an award, and a	9853
remaining portion provides for the payment of money by the state,	9854
that part of the award calling for the payment of money by the	9855
state and not a subject of the appeal shall be processed for	9856
payment as described in this section.	9857

(D) The attorney general shall prepare itemized bills for the	9858
costs of printing and distributing the pamphlet the attorney	9859
general prepares pursuant to section 109.42 of the Revised Code.	9860
The itemized bills shall set forth the name and address of the	9861
persons owed the amounts set forth in them.	9862

(E) As used in this section, "DNA analysis" and "DNA	9863
specimen" have the same meanings as in section 109.573 of the	9864
Revised Code.	9865

Sec. 2907.28. (A) Any cost incurred by a hospital or	9866
emergency medical facility in conducting a medical examination of	9867
a victim of an offense under any provision of sections 2907.02 to	9868
2907.06 of the Revised Code for the purpose of gathering physical	9869
evidence for a possible prosecution, including the cost of any	9870
antibiotics administered as part of the examination and the cost	9871
of HIV post-exposure prophylaxis provided as part of the	9872
examination, shall be paid out of the reparations fund established	9873
pursuant to section 2743.191 of the Revised Code, subject to the	9874
following conditions:	9875

(1) The hospital or emergency facility shall follow a	9876
protocol for conducting such medical examinations that is	9877
identified by the attorney general in rule adopted in accordance	9878
with Chapter 119. of the Revised Code.	9879

(2) The hospital or emergency facility shall submit requests	9880
for payment to the attorney general on a monthly basis, through a	9881
procedure determined by the attorney general and on forms approved	9882
by the attorney general. The requests shall identify the number of	9883
sexual assault examinations performed and the number of sexual	9884
assault examinations in which HIV post-exposure prophylaxis was	9885
provided and shall verify that all required protocols were met for	9886
each examination form submitted for payment in the request.	9887

(3) The attorney general shall review all requests for	9888
payment that are submitted under division (A)(2) of this section	9889
and shall submit for payment as described in division (A)(5) of	9890
this section all requests that meet the requirements of this	9891
section.	9892

(4)(a) The hospital or emergency facility shall accept a flat	9893
fee payment for conducting each examination in the amount	9894
determined by the attorney general pursuant to Chapter 119. of the	9895
Revised Code as payment in full for any cost incurred in	9896
conducting a medical examination and test of a victim of an	9897
offense under any provision of sections 2907.02 to 2907.06 of the	9898
Revised Code for the purpose of gathering physical evidence for a	9899
possible prosecution of a person, other than the cost of providing	9900
HIV post-exposure prophylaxis. The attorney general shall	9901
determine a flat fee payment amount to be paid under this division	9902
that is reasonable.	9903

(b) The hospital or emergency facility shall accept a flat	9904
fee payment for providing HIV post-exposure prophylaxis in the	9905
amount determined by the attorney general pursuant to Chapter 119.	9906
of the Revised Code as payment in full for any cost incurred in	9907
providing HIV post-exposure prophylaxis while conducting a medical	9908
examination and test of a victim of an offense under any provision	9909
of sections 2907.02 to 2907.06 of the Revised Code for the purpose	9910
of gathering physical evidence for a possible prosecution of a	9911
person. The attorney general shall determine a reasonable flat fee	9912
payment amount to be paid under this division.	9913

(5) In approving a payment under this section, the attorney	9914
general shall order the payment against the state. The payment	9915
shall be accomplished only through the following procedure, and	9916
the procedure may be enforced through a mandamus action and a writ	9917
of mandamus directed to the appropriate official:	9918

(a) The attorney general shall provide for payment in the	9919
amount set forth in the order.	9920

(b) The expense of the payment of the amount described in	9921
this section shall be charged against all available unencumbered	9922
moneys in the reparations fund.	9923

(B) No costs incurred by a hospital or emergency facility in	9924
conducting a medical examination and test of any victim of an	9925
offense under any provision of sections 2907.02 to 2907.06 of the	9926
Revised Code for the purpose of gathering physical evidence for a	9927
possible prosecution of a person shall be billed or charged	9928
directly or indirectly to the victim or the victim's insurer.	9929

(C) Any cost incurred by a hospital or emergency medical	9930
facility in conducting a medical examination and test of any	9931
person who is charged with a violation of division (B) of section	9932
2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.24,	9933
2907.241, or 2907.25 of the Revised Code or with a violation of a	9934
municipal ordinance that is substantially equivalent to that	9935
division or any of those sections, pursuant to division (B) of	9936
section 2907.27 of the Revised Code, shall be charged to and paid	9937
by the accused who undergoes the examination and test, unless the	9938
court determines that the accused is unable to pay, in which case	9939
the cost shall be charged to and paid by the municipal corporation	9940
in which the offense allegedly was committed, or charged to and	9941
paid by the county if the offense allegedly was committed within	9942
an unincorporated area. If separate counts of an alleged offense	9943
or alleged separate offenses under section 2907.02, 2907.03,	9944
2907.04, 2907.05, 2907.24, 2907.241, or 2907.25 of the Revised	9945
Code or under a municipal ordinance that is substantially	9946
equivalent to any of those sections took place in more than one	9947
municipal corporation or more than one unincorporated area, or	9948
both, the local governments shall share the cost of the	9949
examination and test. If a hospital or other emergency medical	9950
facility has submitted charges for the cost of a medical	9951
examination and test to an accused and has been unable to collect	9952
payment for the charges after making good faith attempts to	9953
collect for a period of six months or more, the cost shall be	9954
charged to and paid by the appropriate municipal corporation or	9955
county as specified in division (C) of this section.	9956

(D) As used in this section:

9957

(1) "AIDS" and "HIV" have the same meanings as in section	9958
3701.24 of the Revised Code.	9959

(2) "HIV post-exposure prophylaxis" means the administration	9960
of medicines to prevent AIDS or HIV infection following exposure	9961
to HIV.	9962

Sec. 2915.08. (A)(1) Annually before the first day of	9963
January, a charitable organization that desires to conduct bingo,	9964
instant bingo at a bingo session, or instant bingo other than at a	9965
bingo session shall make out, upon a form to be furnished by the	9966
attorney general for that purpose, an application for a license to	9967
conduct bingo, instant bingo at a bingo session, or instant bingo	9968
other than at a bingo session and deliver that application to the	9969
attorney general together with a license fee as follows:	9970

(a) Except as otherwise provided in this division, for a	9971
license for the conduct of bingo, two hundred dollars;	9972

(b) For a license for the conduct of instant bingo at a bingo	9973
session or instant bingo other than at a bingo session for a	9974
charitable organization that previously has not been licensed	9975
under this chapter to conduct instant bingo at a bingo session or	9976
instant bingo other than at a bingo session, a license fee of five	9977
hundred dollars, and for any other charitable organization, a	9978
license fee that is based upon the gross profits received by the	9979
charitable organization from the operation of instant bingo at a	9980
bingo session or instant bingo other than at a bingo session,	9981
during the one-year period ending on the thirty-first day of	9982
October of the year immediately preceding the year for which the	9983
license is sought, and that is one of the following:	9984

(i) Five hundred dollars, if the total is fifty thousand	9985
dollars or less;	9986

(ii) One thousand two hundred fifty dollars plus one-fourth	9987
per cent of the gross profit, if the total is more than fifty	9988
thousand dollars but less than two hundred fifty thousand one	9989
dollars;	9990

(iii) Two thousand two hundred fifty dollars plus one-half	9991
per cent of the gross profit, if the total is more than two	9992
hundred fifty thousand dollars but less than five hundred thousand	9993
one dollars;	9994

(iv) Three thousand five hundred dollars plus one per cent of	9995
the gross profit, if the total is more than five hundred thousand	9996
dollars but less than one million one dollars;	9997

(v) Five thousand dollars plus one per cent of the gross	9998
profit, if the total is one million one dollars or more;	9999

(c) A reduced license fee established by the attorney general	10000
pursuant to division (G) of this section.	10001

(d) For a license to conduct bingo for a charitable	10002
organization that prior to July 1, 2003, has not been licensed	10003
under this chapter to conduct bingo, instant bingo at a bingo	10004
session, or instant bingo other than at a bingo session, a license	10005
fee established by rule by the attorney general in accordance with	10006
division (H) of this section.	10007

(2) The application shall be in the form prescribed by the	10008
attorney general, shall be signed and sworn to by the applicant,	10009
and shall contain all of the following:	10010

(a) The name and post-office address of the applicant;

10011

(b) A statement that the applicant is a charitable	10012
organization and that it has been in continuous existence as a	10013
charitable organization in this state for two years immediately	10014
preceding the making of the application;	10015

(c) The location at which the organization will conduct	10016
bingo, which location shall be within the county in which the	10017
principal place of business of the applicant is located, the days	10018
of the week and the times on each of those days when bingo will be	10019
conducted, whether the organization owns, leases, or subleases the	10020
premises, and a copy of the rental agreement if it leases or	10021
subleases the premises;	10022

(d) A statement of the applicant's previous history, record,	10023
and association that is sufficient to establish that the applicant	10024
is a charitable organization, and a copy of a determination letter	10025
that is issued by the Internal Revenue Service and states that the	10026
organization is tax exempt under subsection 501(a) and described	10027
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8),	10028
501(c)(10), or 501(c)(19) of the Internal Revenue Code;	10029

(e) A statement as to whether the applicant has ever had any	10030
previous application refused, whether it previously has had a	10031
license revoked or suspended, and the reason stated by the	10032
attorney general for the refusal, revocation, or suspension;	10033

(f) A statement of the charitable purposes for which the net	10034
profit derived from bingo, other than instant bingo, will be used,	10035
and a statement of how the net profit derived from instant bingo	10036
will be distributed in accordance with section 2915.101 of the	10037
Revised Code;	10038

(g) Other necessary and reasonable information that the	10039
attorney general may require by rule adopted pursuant to section	10040
111.15 of the Revised Code;	10041

(h) If the applicant is a charitable trust as defined in	10042
section 109.23 of the Revised Code, a statement as to whether it	10043
has registered with the attorney general pursuant to section	10044
109.26 of the Revised Code or filed annual reports pursuant to	10045
section 109.31 of the Revised Code, and, if it is not required to	10046
do either, the exemption in section 109.26 or 109.31 of the	10047
Revised Code that applies to it;	10048

(i) If the applicant is a charitable organization as defined	10049
in section 1716.01 of the Revised Code, a statement as to whether	10050
it has filed with the attorney general a registration statement	10051
pursuant to section 1716.02 of the Revised Code and a financial	10052
report pursuant to section 1716.04 of the Revised Code, and, if it	10053
is not required to do both, the exemption in section 1716.03 of	10054
the Revised Code that applies to it;	10055

(j) In the case of an applicant seeking to qualify as a youth	10056
athletic park organization, a statement issued by a board or body	10057
vested with authority under Chapter 755. of the Revised Code for	10058
the supervision and maintenance of recreation facilities in the	10059
territory in which the organization is located, certifying that	10060
the playing fields owned by the organization were used for at	10061
least one hundred days during the year in which the statement is	10062
issued, and were open for use to all residents of that territory,	10063
regardless of race, color, creed, religion, sex, or national	10064
origin, for athletic activities by youth athletic organizations	10065
that do not discriminate on the basis of race, color, creed,	10066
religion, sex, or national origin, and that the fields were not	10067
used for any profit-making activity at any time during the year.	10068
That type of board or body is authorized to issue the statement	10069
upon request and shall issue the statement if it finds that the	10070
applicant's playing fields were so used.	10071

(3) The attorney general, within thirty days after receiving	10072
a timely filed application from a charitable organization that has	10073
been issued a license under this section that has not expired and	10074
has not been revoked or suspended, shall send a temporary permit	10075
to the applicant specifying the date on which the application was	10076
filed with the attorney general and stating that, pursuant to	10077
section 119.06 of the Revised Code, the applicant may continue to	10078
conduct bingo until a new license is granted or, if the	10079
application is rejected, until fifteen days after notice of the	10080
rejection is mailed to the applicant. The temporary permit does	10081
not affect the validity of the applicant's application and does	10082
not grant any rights to the applicant except those rights	10083
specifically granted in section 119.06 of the Revised Code. The	10084
issuance of a temporary permit by the attorney general pursuant to	10085
this division does not prohibit the attorney general from	10086
rejecting the applicant's application because of acts that the	10087
applicant committed, or actions that the applicant failed to take,	10088
before or after the issuance of the temporary permit.	10089

(4) Within thirty days after receiving an initial license	10090
application from a charitable organization to conduct bingo,	10091
instant bingo at a bingo session, or instant bingo other than at a	10092
bingo session, the attorney general shall conduct a preliminary	10093
review of the application and notify the applicant regarding any	10094
deficiencies. Once an application is deemed complete, or beginning	10095
on the thirtieth day after the application is filed, if the	10096
attorney general failed to notify the applicant of any	10097
deficiencies, the attorney general shall have an additional sixty	10098
days to conduct an investigation and either grant or deny the	10099
application based on findings established and communicated in	10100
accordance with divisions (B) and (E) of this section. As an	10101
option to granting or denying an initial license application, the	10102
attorney general may grant a temporary license and request	10103
additional time to conduct the investigation if the attorney	10104
general has cause to believe that additional time is necessary to	10105
complete the investigation and has notified the applicant in	10106
writing about the specific concerns raised during the	10107
investigation.	10108

(B)(1) The attorney general shall adopt rules to enforce	10109
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised	10110
Code to ensure that bingo or instant bingo is conducted in	10111
accordance with those sections and to maintain proper control over	10112
the conduct of bingo or instant bingo. The rules, except rules	10113
adopted pursuant to divisions (A)(2)(g) and (G) of this section,	10114
shall be adopted pursuant to Chapter 119. of the Revised Code. The	10115
attorney general shall license charitable organizations to conduct	10116
bingo, instant bingo at a bingo session, or instant bingo other	10117
than at a bingo session in conformance with this chapter and with	10118
the licensing provisions of Chapter 119. of the Revised Code.	10119

(2) The attorney general may refuse to grant a license to any	10120
organization, or revoke or suspend the license of any	10121
organization, that does any of the following or to which any of	10122
the following applies:	10123

(a) Fails or has failed at any time to meet any requirement	10124
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	10125
2915.11 of the Revised Code, or violates or has violated any	10126
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised	10127
Code or any rule adopted by the attorney general pursuant to this	10128
section;	10129

(b) Makes or has made an incorrect or false statement that is	10130
material to the granting of the license in an application filed	10131
pursuant to division (A) of this section;	10132

(c) Submits or has submitted any incorrect or false	10133
information relating to an application if the information is	10134
material to the granting of the license;	10135

(d) Maintains or has maintained any incorrect or false	10136
information that is material to the granting of the license in the	10137
records required to be kept pursuant to divisions (A) and (C) of	10138
section 2915.10 of the Revised Code, if applicable;	10139

(e) The attorney general has good cause to believe that the	10140
organization will not conduct bingo, instant bingo at a bingo	10141
session, or instant bingo other than at a bingo session in	10142
accordance with sections 2915.07 to 2915.13 of the Revised Code or	10143
with any rule adopted by the attorney general pursuant to this	10144
section.	10145

(3) For the purposes of division (B) of this section, any	10146
action of an officer, trustee, agent, representative, or bingo	10147
game operator of an organization is an action of the organization.	10148

(C) The attorney general may grant licenses to charitable	10149
organizations that are branches, lodges, or chapters of national	10150
charitable organizations.	10151

(D) The attorney general shall send notice in writing to the	10152
prosecuting attorney and sheriff of the county in which the	10153
organization will conduct bingo, instant bingo at a bingo session,	10154
or instant bingo other than at a bingo session, as stated in its	10155
application for a license or amended license, and to any other law	10156
enforcement agency in that county that so requests, of all of the	10157
following:	10158

(1) The issuance of the license;

10159

(2) The issuance of the amended license;

10160

(3) The rejection of an application for and refusal to grant	10161
a license;	10162

(4) The revocation of any license previously issued;

10163

(5) The suspension of any license previously issued.

10164

(E) A license issued by the attorney general shall set forth	10165
the information contained on the application of the charitable	10166
organization that the attorney general determines is relevant,	10167
including, but not limited to, the location at which the	10168
organization will conduct bingo, instant bingo at a bingo session,	10169
or instant bingo other than at a bingo session and the days of the	10170
week and the times on each of those days when bingo will be	10171
conducted. If the attorney general refuses to grant or revokes or	10172
suspends a license, the attorney general shall notify the	10173
applicant in writing and specifically identify the reason for the	10174
refusal, revocation, or suspension in narrative form and, if	10175
applicable, by identifying the section of the Revised Code	10176
violated. The failure of the attorney general to give the written	10177
notice of the reasons for the refusal, revocation, or suspension	10178
or a mistake in the written notice does not affect the validity of	10179
the attorney general's refusal to grant, or the revocation or	10180
suspension of, a license. If the attorney general fails to give	10181
the written notice or if there is a mistake in the written notice,	10182
the applicant may bring an action to compel the attorney general	10183
to comply with this division or to correct the mistake, but the	10184
attorney general's order refusing to grant, or revoking or	10185
suspending, a license shall not be enjoined during the pendency of	10186
the action.	10187

(F) A charitable organization that has been issued a license	10188
pursuant to division (B) of this section but that cannot conduct	10189
bingo or instant bingo at the location, or on the day of the week	10190
or at the time, specified on the license due to circumstances that	10191
make it impractical to do so, or that desires to conduct instant	10192
bingo other than at a bingo session at additional locations not	10193
identified on the license, may apply in writing, together with an	10194
application fee of two hundred fifty dollars, to the attorney	10195
general, at least thirty days prior to a change in or addition of	10196
a location, day of the week, or time, and request an amended	10197
license. ~~The~~As applicable, the application shall describe the	10198
causes making it impractical for the organization to conduct bingo	10199
or instant bingo in conformity with its license and shall indicate	10200
the location, days of the week, and times on each of those days	10201
when it desires to conduct bingo or instant bingo and, as	10202
applicable, shall indicate the additional locations at which it	10203
desires to conduct instant bingo other than at a bingo session.	10204
Except as otherwise provided in this division, the attorney	10205
general shall issue the amended license in accordance with	10206
division (E) of this section, and the organization shall surrender	10207
its original license to the attorney general. The attorney general	10208
may refuse to grant an amended license according to the terms of	10209
division (B) of this section.	10210

(G) The attorney general, by rule adopted pursuant to section	10211
111.15 of the Revised Code, shall establish a schedule of reduced	10212
license fees for charitable organizations that desire to conduct	10213
bingo or instant bingo during fewer than twenty-six weeks in any	10214
calendar year.	10215

(H) The attorney general, by rule adopted pursuant to section	10216
111.15 of the Revised Code, shall establish license fees for the	10217
conduct of bingo, instant bingo at a bingo session, or instant	10218
bingo other than at a bingo session for charitable organizations	10219
that prior to July 1, 2003, have not been licensed to conduct	10220
bingo, instant bingo at a bingo session, or instant bingo other	10221
than at a bingo session under this chapter.	10222

(I) The attorney general may enter into a written contract	10223
with any other state agency to delegate to that state agency the	10224
powers prescribed to the attorney general under Chapter 2915. of	10225
the Revised Code.	10226

(J) The attorney general, by rule adopted pursuant to section	10227
111.15 of the Revised Code, may adopt rules to determine the	10228
requirements for a charitable organization that is exempt from	10229
federal income taxation under subsection 501(a) and described in	10230
subsection 501(c)(3) of the Internal Revenue Code to be in good	10231
standing in the state.	10232

Sec. 2925.61. (A) As used in this section:

10233

(1) "Administer naloxone" means to give naloxone to a person	10234
by either of the following routes:	10235

(a) Using a device manufactured for the intranasal	10236
administration of liquid drugs;	10237

(b) Using an autoinjector in a manufactured dosage form.

10238

(2) "Law enforcement agency" means a government entity that	10239
employs peace officers to perform law enforcement duties.	10240

(3) "Licensed health professional" means all of the	10241
following:	10242

(a) A physician who is authorized under Chapter 4731. of the	10243
Revised Code to practice medicine and surgery, osteopathic	10244
medicine and surgery, or podiatric medicine and surgery;	10245

(b) A physician assistant who holds a certificate to	10246
prescribe issued under Chapter 4730. of the Revised Code;	10247

(c) A clinical nurse specialist, certified nurse-midwife, or	10248
certified nurse practitioner who holds a certificate to prescribe	10249
issued under section 4723.48 of the Revised Code.	10250

(4) "Peace officer" has the same meaning as in section	10251
2921.51 of the Revised Code.	10252

(B) A family member, friend, or other individual who is in a	10253
position to assist an individual who is apparently experiencing or	10254
at risk of experiencing an opioid-related overdose, is not subject	10255
to criminal prosecution for a violation of section 4731.41 of the	10256
Revised Code or criminal prosecution under this chapter if the	10257
individual, acting in good faith, does all of the following:	10258

(1) Obtains naloxone from a licensed health professional or a	10259
prescription for naloxone from a licensed health professional;	10260

(2) Administers that naloxone to an individual who is	10261
apparently experiencing an opioid-related overdose;	10262

(3) Attempts to summon emergency services either immediately	10263
before or immediately after administering the naloxone.	10264

(C) Division (B) of this section does not apply to a peace	10265
officer or to an emergency medical technician-basic, emergency	10266
medical technician-intermediate, or emergency medical	10267
technician-paramedic, as defined in section 4765.01 of the Revised	10268
Code.	10269

(D) A peace officer employed by a law enforcement agency	10270
~~licensed under Chapter 4729. of the Revised Code as a terminal~~	10271
~~distributor of dangerous drugs~~ is not subject to administrative	10272
action, criminal prosecution for a violation of section 4731.41 of	10273
the Revised Code, or criminal prosecution under this chapter if	10274
the peace officer, acting in good faith, obtains naloxone from the	10275
peace officer's law enforcement agency and administers the	10276
naloxone to an individual who is apparently experiencing an	10277
opioid-related overdose.	10278

Sec. 2929.201. Notwithstanding the time limitation for	10279
filing a motion under former section 2947.061 of the Revised Code,	10280
an offender whose offense was committed before July 1, 1996, and	10281
who otherwise satisfies the eligibility criteria for shock	10282
probation under that section as it existed immediately prior to	10283
July 1, 1996, may apply to the offender's sentencing court for	10284
shock probation under that section on or after the effective date	10285
of this section. Not more than one motion may be filed by an	10286
offender under this section. Division (C) of former section	10287
2947.061 of the Revised Code does not apply to a motion filed	10288
under this section.	10289

Sec. 2945.402. (A) In approving a conditional release, the	10290
trial court may set any conditions on the release with respect to	10291
the treatment, evaluation, counseling, or control of the defendant	10292
or person that the court considers necessary to protect the public	10293
safety and the welfare of the defendant or person. The trial court	10294
may revoke a defendant's or person's conditional release and order	10295
reinstatement of the previous placement or reinstitutionalization	10296
at any time the conditions of the release have not been satisfied,	10297
provided that the revocation shall be in accordance with this	10298
section.	10299

(B) A conditional release is a commitment. The hearings on	10300
continued commitment as described in section 2945.401 of the	10301
Revised Code apply to a defendant or person on conditional	10302
release.	10303

(C) A person, agency, or facility that is assigned to monitor	10304
a defendant or person on conditional release immediately shall	10305
notify the trial court on learning that the defendant or person	10306
being monitored has violated the terms of the conditional release.	10307
Upon learning of any violation of the terms of the conditional	10308
release, the trial court may issue a temporary order of detention	10309
or, if necessary, an arrest warrant for the defendant or person.	10310
Within ten court days after the defendant's or person's detention	10311
or arrest, the trial court shall conduct a hearing to determine	10312
whether the conditional release should be modified or terminated.	10313
At the hearing, the defendant or person shall have the same rights	10314
as are described in division (C) of section 2945.40 of the Revised	10315
Code. The trial court may order a continuance of the ten-court-day	10316
period for no longer than ten days for good cause shown or for any	10317
period on motion of the defendant or person. If the trial court	10318
fails to conduct the hearing within the ten-court-day period and	10319
does not order a continuance in accordance with this division, the	10320
defendant or person shall be restored to the prior conditional	10321
release status.	10322

(D) The trial court shall give all parties reasonable notice	10323
of a hearing conducted under this section. At the hearing, the	10324
prosecutor shall present the case demonstrating that the defendant	10325
or person violated the terms of the conditional release. If the	10326
court finds by a preponderance of the evidence that the defendant	10327
or person violated the terms of the conditional release, the court	10328
may continue, modify, or terminate the conditional release and	10329
shall enter its order accordingly.	10330

(E)(1) If a court approves a conditional release, the court	10331
shall report the approval and information pertaining to the	10332
release to the local law enforcement agency. The local law	10333
enforcement agency shall enter the approval and information into	10334
the national crime information center supervised release file	10335
through the law enforcement automated data system. The information	10336
required by divisions (E)(1)(c) and (d) of this section shall be	10337
entered into the file's miscellaneous field. The information	10338
reported and entered shall include all of the following:	10339

(a) The name of the court providing the information;

10340

(b) The offense or offenses with which the defendant or	10341
person was charged;	10342

(c) Whether the person was found not guilty by reason of	10343
insanity or incompetent to stand trial with no substantial	10344
probability of becoming competent even with a course of treatment;	10345

(d) The reason for the conditional release;

10346

(e) Any other information required for the entry of	10347
information into the national crime information center supervised	10348
release file.	10349

(2) Information entered into the national crime information	10350
center supervised release file pursuant to this section shall	10351
remain in the file until the termination of the conditional	10352
release or commitment.	10353

(3) If a defendant or person about whom information is	10354
entered into the national crime information center supervised	10355
release file pursuant to division (E)(1) of this section has	10356
contact with a law enforcement agency after the information is	10357
entered, the agency shall report the contact to the department of	10358
mental health and addiction services and, if the terms of the	10359
release require the defendant or person to receive mental health	10360
treatment, to the person, office, or agency providing the	10361
treatment.	10362

(4) As used in division (E) of this section, "local law	10363
enforcement agency" means the police department of a municipal	10364
corporation in which the offense with which a releasee was charged	10365
allegedly occurred or, if the offense did not allegedly occur in a	10366
municipal corporation, the sheriff of the county in which the	10367
offense allegedly occurred.	10368

Sec. 3123.89. (A) Subject to section 3770.071 of the Revised	10369
Code, a child support enforcement agency that determines that an	10370
obligor who is the recipient of a lottery prize award is subject	10371
to a final and enforceable determination of default made under	10372
sections 3123.01 to 3123.07 of the Revised Code shall issue an	10373
intercept directive to the director of the state lottery	10374
commission. A copy of this intercept directive shall be sent to	10375
the obligor.	10376

(B) The intercept directive shall require the director or the	10377
director's designee to transmit an amount or amounts from the	10378
proceeds of the specified lottery prize award to the office of	10379
child support in the department of job and family services. The	10380
intercept directive also shall contain all of the following	10381
information:	10382

(1) The name, address, and social security number or taxpayer	10383
identification number of the obligor;	10384

(2) A statement that the obligor has been determined to be in	10385
default under a support order;	10386

(3) The amount of the arrearage owed by the obligor as	10387
determined by the agency.	10388

(C) After receipt of an intercept directive and in accordance	10389
with section 3770.071 of the Revised Code, the director or the	10390
director's designee shall deduct the amount or amounts specified	10391
from the proceeds of the lottery prize award referred to in the	10392
directive and transmit the amounts to the office of child support.	10393

(D) The department of job and family services shall develop	10394
and implement a real time data match program with the state	10395
lottery commission and its lottery sales agents and lottery agents	10396
to identify obligors who are subject to a final and enforceable	10397
determination of default made under sections 3123.01 to 3123.07 of	10398
the Revised Code in accordance with section 3770.071 of the	10399
Revised Code.	10400

(E) Upon the data match program's implementation, the	10401
department, in consultation with the commission, shall promulgate	10402
rules to facilitate withholding, in appropriate circumstances, by	10403
the commission or its lottery sales agents or lottery agents of an	10404
amount sufficient to satisfy any past due support owed by an	10405
obligor from a lottery prize award owed to the obligor up to the	10406
amount of the award. The rules shall describe an expedited method	10407
for withholding, and the time frame for transmission of the amount	10408
withheld to the department.	10409

Sec. 3123.90. (A) As used in this section, "casino	10410
facility," "casino operator," and "management company" have the	10411
meanings defined in section 3772.01 of the Revised Code.	10412

(B) The department of job and family services shall develop	10413
and implement a real time data match program with each casino	10414
facility's casino operator or management company to identify	10415
obligors who are subject to a final and enforceable determination	10416
of default made under sections 3123.01 to 3123.07 of the Revised	10417
Code.	10418

(C) Upon the data match program's implementation, if a	10419
person's winnings at a casino facility are an amount for which	10420
reporting to the internal revenue service of the amount is	10421
required by section 6041 of the Internal Revenue Code, as amended,	10422
the casino operator or management company shall refer to the data	10423
match program to determine if the person entitled to the winnings	10424
is in default under a support order. If the data match program	10425
indicates that the person is in default, the casino operator or	10426
management company shall withhold from the person's winnings an	10427
amount sufficient to satisfy any past due support owed by the	10428
obligor identified in the data match up to the amount of the	10429
winnings.	10430

(D) Not later than seven days after withholding the amount,	10431
the casino operator or management company shall transmit any	10432
amount withheld to the department as payment on the support	10433
obligation.	10434

(E) The department, in consultation with the Ohio casino	10435
control commission, may adopt rules under Chapter 119. of the	10436
Revised Code as are necessary for implementation of this section.	10437

Sec. 3301.03. Each elected voting member of the state board	10438
of education shall be a qualified elector residing in the	10439
territory composing the district from which the member is elected,	10440
and shall be nominated and elected to office as provided by Title	10441
XXXV of the Revised Code. Each appointed voting member of the	10442
board shall be a qualified elector residing in the state. At least	10443
four of the appointed voting members shall represent rural school	10444
districts in the state, as evidenced by the member's current place	10445
of residence and at least one of the following:	10446

(A) The member's children attend, or at one time attended,	10447
school in a rural district;	10448

(B) The member's past or present occupation is associated	10449
with rural areas of the state;	10450

(C) The member possesses other credentials or experience	10451
demonstrating knowledge and familiarity with rural school	10452
districts.	10453

No elected or appointed voting member of the board shall,	10454
during the member's term of office, hold any other ~~public position~~	10455
office of trust or profit or be an employee or officer of any	10456
public or private elementary or secondary school. Before entering	10457
on the duties of office, each elected and appointed voting member	10458
shall subscribe to the official oath of office.	10459

Each voting member of the state board of education shall be	10460
paid a salary fixed pursuant to division (J) of section 124.15 of	10461
the Revised Code, together with the member's actual and necessary	10462
expenses incurred while engaged in the performance of the member's	10463
official duties or in the conduct of authorized board business,	10464
and while en route to and from the member's home for such	10465
purposes.	10466

(D) As used in this section only, "office of trust or profit"	10467
means:	10468

(1) A federal or state elective office or an elected office	10469
of a political subdivision of the state;	10470

(2) A position on a board or commission of the state that is	10471
appointed by the governor;	10472

(3) An office set forth in section 121.03, 121.04, or 121.05	10473
of the Revised Code;	10474

(4) An office of the government of the United States that is	10475
appointed by the president of the United States.	10476

Sec. 3302.15. (A) Notwithstanding anything to the contrary	10477
in Chapter 3301. or 3302. of the Revised Code, the board of	10478
education of a school district may submit to the superintendent of	10479
public instruction a request for a waiver for up to five school	10480
years from administering the state achievement assessments	10481
required under sections 3301.0710 and 3301.0712 of the Revised	10482
Code and related requirements specified under division (C)(2) of	10483
this section. A district that obtains a waiver under this section	10484
shall use the alternative assessment system, as proposed by the	10485
district or school and as approved by the state superintendent, in	10486
place of the assessments required under sections 3301.0710 and	10487
3301.0712 of the Revised Code.	10488

(B) To be eligible to submit a request for a waiver under	10489
this section, a school district shall be a member of the Ohio	10490
innovation lab network.	10491

(C)(1) A request for a waiver under this section shall	10492
contain the following:	10493

(a) A timeline to develop and implement an alternative	10494
assessment system for the school district;	10495

(b) An overview of the proposed educational programs or	10496
strategies to be offered by the school district;	10497

(c) An overview of the proposed alternative assessment	10498
system, including links to state-accepted and nationally accepted	10499
metrics, assessments, and evaluations;	10500

(d) An overview of planning details that have been	10501
implemented or proposed and any documented support from	10502
educational networks, established educational consultants, state	10503
institutions of higher education as defined under section 3345.011	10504
of the Revised Code, and employers or workforce development	10505
partners;	10506

(e) An overview of the capacity to implement the alternative	10507
assessments, conduct the evaluation of teachers with alternative	10508
assessments, and the reporting of student achievement data with	10509
alternative assessments for the purpose of the report card ratings	10510
prescribed under section 3302.03 of the Revised Code, all of which	10511
shall include any prior success in implementing innovative	10512
educational programs or strategies, teaching practices, or	10513
assessment practices;	10514

(f) An acknowledgement by the school district of federal	10515
funding that may be impacted by obtaining a waiver.	10516

(2) The request for a waiver shall indicate the extent to	10517
which exemptions from state or federal requirements regarding the	10518
administration of the assessments required under sections	10519
3301.0710 and 3301.0712 of the Revised Code are sought. Such items	10520
from which a school district may be exempt are as follows:	10521

(a) The required administration of state assessments under	10522
sections 3301.0710 and 3301.0712 of the Revised Code;	10523

(b) The evaluation of teachers and administrators under	10524
sections 3311.80, 3311.84, division (D) of 3319.02, and 3319.111	10525
of the Revised Code;	10526

(c) The reporting of student achievement data for the purpose	10527
of the report card ratings prescribed under section 3302.03 of the	10528
Revised Code.	10529

(D) Each request for a waiver shall include the signature of	10530
all of the following:	10531

(1) The superintendent of the school district;

10532

(2) The president of the district board;

10533

(3) The presiding officer of the labor organization	10534
representing the district's teachers, if any;	10535

(4) If the district's teachers are not represented by a labor	10536
organization, the principal and a majority of the administrators	10537
and teachers of the district.	10538

(E) Not later than thirty days after receiving a request for	10539
a waiver, the state superintendent shall approve or deny the	10540
waiver or may request additional information from the district.	10541
The state superintendent shall not grant waivers to more than ten	10542
school districts. A waiver granted to a school district shall be	10543
contingent on an ongoing review and evaluation by the state	10544
superintendent of the program for which the waiver was granted.	10545

(F)(1) For the purpose of this section, the department of	10546
education shall seek a waiver from the testing requirements	10547
prescribed under the "No Child Left Behind Act of 2001," if	10548
necessary to implement this section.	10549

(2) The department shall create a mechanism for the	10550
comparison of the alternative assessments prescribed under	10551
division (C) of this section and the assessments required under	10552
sections 3301.0710 and 3301.0712 of the Revised Code as it relates	10553
to the evaluation of teachers and student achievement data for the	10554
purpose of state report card ratings.	10555

Sec. 3303.41. (A) There is hereby created the governor's	10556
council on people with disabilities. The council shall consist of	10557
twenty-one members of which the majority shall be people with	10558
disabilities as defined in this section, appointed by the governor	10559
for a term of three years except that for initial appointments,	10560
seven members shall be appointed for a term of one year, seven	10561
members shall be appointed for a term of two years, and seven	10562
members shall be appointed for a term of three years. Members may	10563
succeed themselves not more than one time. A member shall continue	10564
in office subsequent to the expiration of the member's term until	10565
the member's successor takes office. The governor shall ~~annually~~	10566
appoint a chairperson ~~who may~~to serve a two-year term. The	10567
chairperson shall not succeed himself or herself ~~not more than~~	10568
~~one time~~as chairperson. The chairperson shall continue in office	10569
subsequent to the expiration of the chairperson's term until the	10570
chairperson's successor takes office. Members of the council shall	10571
serve without compensation, but shall be paid the actual and	10572
necessary expenses they incur in the performance of their duties.	10573

(B) The council shall meet at least six times annually at	10574
such times and places as may be designated by the chairperson.	10575

(C) The ~~governor's council on people with disabilities shall~~	10576
~~be assigned to~~executive director of the opportunities for Ohioans	10577
with disabilities agency ~~for administrative purposes. The~~	10578
~~executive director of the opportunities for Ohioans with~~	10579
~~disabilities agency~~ shall ~~assign one~~provide the council with both	10580
of the following:	10581

(1) One professional staff person ~~to the council~~ to serve as	10582
executive secretary ~~and other personnel as determined advisable~~of	10583
the council;	10584

(2) Any meeting space, office furniture, and equipment that	10585
are necessary for the council to fulfill its duties.	10586

(D) The council shall have the following powers:

10587

~~(A)~~(1) To cooperate with the president's committee on	10588
employment of the handicapped;	10589

~~(B)~~(2) To cooperate with all employers both public and	10590
private in locating or developing employment opportunities for	10591
people with disabilities;	10592

~~(C)~~(3) To encourage and assist in the creation of committees	10593
at the community level;	10594

~~(D)~~(4) To assist local, state, and federal agencies to	10595
coordinate their activities for the purpose of securing maximum	10596
utilization of funds and efforts that benefit people with	10597
disabilities;	10598

~~(E)~~(5) To encourage cooperation among public and private	10599
employers, unions, and rehabilitation agencies, bureaus, and	10600
organizations both public and private with a specific goal to	10601
facilitate employment of people with disabilities;	10602

~~(F)~~(6) To serve in an advisory capacity to the governor's	10603
office directly and as needed to the general assembly on issues	10604
relating to the needs, problems, and other concerns of people with	10605
disabilities;	10606

~~(G)~~(7) To conduct educational programs to acquaint the public	10607
with the abilities and accomplishments of people with	10608
disabilities;	10609

~~(H)~~(8) To promote the elimination of architectural barriers	10610
to make buildings used by the public accessible and useable by	10611
persons with physical limitations;	10612

~~(I)~~(9) To make such rules as it determines advisable for the	10613
conduct of its own business.	10614

(E) The council shall annually report to the governor on	10615
council activities and on the state of the people of this state	10616
with disabilities. This report may include any recommendations	10617
believed necessary or desirable to carry out the purposes of this	10618
section.	10619

(F) As used in this section, "person with a disability" means	10620
any individual who has a disability or condition that, regardless	10621
of its physical or mental origin, imposes a functional limitation.	10622

(G) It shall be lawful for any public employee or officer to	10623
serve as a member of the council.	10624

Sec. 3307.01. As used in this chapter:

10625

(A) "Employer" means the board of education, school district,	10626
governing authority of any community school established under	10627
Chapter 3314. of the Revised Code, a science, technology,	10628
engineering, and mathematics school established under Chapter	10629
3326. of the Revised Code, college, university, institution, or	10630
other agency within the state by which a teacher is employed and	10631
paid.	10632

(B)(1) "Teacher" means all of the following:

10633

~~(1)~~(a) Any person paid from public funds and employed in the	10634
public schools of the state under any type of contract described	10635
in section 3311.77 or 3319.08 of the Revised Code in a position	10636
for which the person is required to have a license issued pursuant	10637
to sections 3319.22 to 3319.31 of the Revised Code;	10638

~~(2)~~(b) Any person employed as a teacher by a community school	10639
or a science, technology, engineering, and mathematics school	10640
pursuant to Chapter 3314. or 3326. of the Revised Code;	10641

~~(3)~~(c) Any person having a license issued pursuant to	10642
sections 3319.22 to 3319.31 of the Revised Code and employed in a	10643
public school in this state in an educational position, as	10644
determined by the state board of education, under programs	10645
provided for by federal acts or regulations and financed in whole	10646
or in part from federal funds, but for which no licensure	10647
requirements for the position can be made under the provisions of	10648
such federal acts or regulations;	10649

~~(4) Any person having a license issued pursuant to sections~~	10650
~~3319.22 to 3319.31 of the Revised Code and performing services~~	10651
~~that are funded under section 3317.06 of the Revised Code and~~	10652
~~provided to students attending nonpublic schools, without regard~~	10653
~~to whether the services are performed in a public school and~~	10654
~~whether the person is employed under a contract with a third~~	10655
~~party;~~	10656

~~(5)~~(d) Any other teacher or faculty member employed in any	10657
school, college, university, institution, or other agency wholly	10658
controlled and managed, and supported in whole or in part, by the	10659
state or any political subdivision thereof, including Central	10660
state university, Cleveland state university, and the university	10661
of Toledo;	10662

~~(6)~~(e) The educational employees of the department of	10663
education, as determined by the state superintendent of public	10664
instruction.	10665

In all cases of doubt, the state teachers retirement board	10666
shall determine whether any person is a teacher, and its decision	10667
shall be final.	10668

(2) "Teacher" does not include ~~any~~either of the following:

10669

(a) Any eligible employee of a public institution of higher	10670
education, as defined in section 3305.01 of the Revised Code, who	10671
elects to participate in an alternative retirement plan	10672
established under Chapter 3305. of the Revised Code;	10673

(b) Any person having a license issued pursuant to sections	10674
3319.22 to 3319.31 of the Revised Code and performing services	10675
that are funded under section 3317.06 of the Revised Code and	10676
provided to students attending nonpublic schools, without regard	10677
to whether the services are performed in a public school and	10678
whether the person is employed under a contract with a third	10679
party.	10680

(C) "Member" means any person included in the membership of	10681
the state teachers retirement system, which shall consist of all	10682
teachers and contributors as defined in divisions (B) and (D) of	10683
this section and all disability benefit recipients, as defined in	10684
section 3307.50 of the Revised Code. However, for purposes of this	10685
chapter, the following persons shall not be considered members:	10686

(1) A student, intern, or resident who is not a member while	10687
employed part-time by a school, college, or university at which	10688
the student, intern, or resident is regularly attending classes;	10689

(2) A person denied membership pursuant to section 3307.24 of	10690
the Revised Code;	10691

(3) An other system retirant, as defined in section 3307.35	10692
of the Revised Code, or a superannuate;	10693

(4) An individual employed in a program established pursuant	10694
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29	10695
U.S.C.A. 1501;	10696

(5) The surviving spouse of a member or retirant if the	10697
surviving spouse's only connection to the retirement system is an	10698
account in an STRS defined contribution plan.	10699

(D) "Contributor" means any person who has an account in the	10700
teachers' savings fund or defined contribution fund, except that	10701
"contributor" does not mean a member or retirant's surviving	10702
spouse with an account in an STRS defined contribution plan.	10703

(E) "Beneficiary" means any person eligible to receive, or in	10704
receipt of, a retirement allowance or other benefit provided by	10705
this chapter.	10706

(F) "Year" means the year beginning the first day of July and	10707
ending with the thirtieth day of June next following, except that	10708
for the purpose of determining final average salary under the plan	10709
described in sections 3307.50 to 3307.79 of the Revised Code,	10710
"year" may mean the contract year.	10711

(G) "Local district pension system" means any school teachers	10712
pension fund created in any school district of the state in	10713
accordance with the laws of the state prior to September 1, 1920.	10714

(H) "Employer contribution" means the amount paid by an	10715
employer, as determined by the employer rate, including the normal	10716
and deficiency rates, contributions, and funds wherever used in	10717
this chapter.	10718

(I) "Five years of service credit" means employment covered	10719
under this chapter and employment covered under a former	10720
retirement plan operated, recognized, or endorsed by a college,	10721
institute, university, or political subdivision of this state	10722
prior to coverage under this chapter.	10723

(J) "Actuary" means an actuarial professional contracted with	10724
or employed by the state teachers retirement board, who shall be	10725
either of the following:	10726

(1) A member of the American academy of actuaries;

10727

(2) A firm, partnership, or corporation of which at least one	10728
person is a member of the American academy of actuaries.	10729

(K) "Fiduciary" means a person who does any of the following:

10730

(1) Exercises any discretionary authority or control with	10731
respect to the management of the system, or with respect to the	10732
management or disposition of its assets;	10733

(2) Renders investment advice for a fee, direct or indirect,	10734
with respect to money or property of the system;	10735

(3) Has any discretionary authority or responsibility in the	10736
administration of the system.	10737

(L)(1) Except as provided in this division, "compensation"	10738
means all salary, wages, and other earnings paid to a teacher by	10739
reason of the teacher's employment, including compensation paid	10740
pursuant to a supplemental contract. The salary, wages, and other	10741
earnings shall be determined prior to determination of the amount	10742
required to be contributed to the teachers' savings fund or	10743
defined contribution fund under section 3307.26 of the Revised	10744
Code and without regard to whether any of the salary, wages, or	10745
other earnings are treated as deferred income for federal income	10746
tax purposes.	10747

(2) Compensation does not include any of the following:

10748

(a) Payments for accrued but unused sick leave or personal	10749
leave, including payments made under a plan established pursuant	10750
to section 124.39 of the Revised Code or any other plan	10751
established by the employer;	10752

(b) Payments made for accrued but unused vacation leave,	10753
including payments made pursuant to section 124.13 of the Revised	10754
Code or a plan established by the employer;	10755

(c) Payments made for vacation pay covering concurrent	10756
periods for which other salary, compensation, or benefits under	10757
this chapter or Chapter 145. or 3309. of the Revised Code are	10758
paid;	10759

(d) Amounts paid by the employer to provide life insurance,	10760
sickness, accident, endowment, health, medical, hospital, dental,	10761
or surgical coverage, or other insurance for the teacher or the	10762
teacher's family, or amounts paid by the employer to the teacher	10763
in lieu of providing the insurance;	10764

(e) Incidental benefits, including lodging, food, laundry,	10765
parking, or services furnished by the employer, use of the	10766
employer's property or equipment, and reimbursement for	10767
job-related expenses authorized by the employer, including moving	10768
and travel expenses and expenses related to professional	10769
development;	10770

(f) Payments made by the employer in exchange for a member's	10771
waiver of a right to receive any payment, amount, or benefit	10772
described in division (L)(2) of this section;	10773

(g) Payments by the employer for services not actually	10774
rendered;	10775

(h) Any amount paid by the employer as a retroactive increase	10776
in salary, wages, or other earnings, unless the increase is one of	10777
the following:	10778

(i) A retroactive increase paid to a member employed by a	10779
school district board of education in a position that requires a	10780
license designated for teaching and not designated for being an	10781
administrator issued under section 3319.22 of the Revised Code	10782
that is paid in accordance with uniform criteria applicable to all	10783
members employed by the board in positions requiring the licenses;	10784

(ii) A retroactive increase paid to a member employed by a	10785
school district board of education in a position that requires a	10786
license designated for being an administrator issued under section	10787
3319.22 of the Revised Code that is paid in accordance with	10788
uniform criteria applicable to all members employed by the board	10789
in positions requiring the licenses;	10790

(iii) A retroactive increase paid to a member employed by a	10791
school district board of education as a superintendent that is	10792
also paid as described in division (L)(2)(h)(i) of this section;	10793

(iv) A retroactive increase paid to a member employed by an	10794
employer other than a school district board of education in	10795
accordance with uniform criteria applicable to all members	10796
employed by the employer.	10797

(i) Payments made to or on behalf of a teacher that are in	10798
excess of the annual compensation that may be taken into account	10799
by the retirement system under division (a)(17) of section 401 of	10800
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	10801
401(a)(17), as amended. For a teacher who first establishes	10802
membership before July 1, 1996, the annual compensation that may	10803
be taken into account by the retirement system shall be determined	10804
under division (d)(3) of section 13212 of the "Omnibus Budget	10805
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.	10806

(j) Payments made under division (B), (C), or (E) of section	10807
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	10808
No. 3 of the 119th general assembly, Section 3 of Amended	10809
Substitute Senate Bill No. 164 of the 124th general assembly, or	10810
Amended Substitute House Bill No. 405 of the 124th general	10811
assembly;	10812

(k) Anything of value received by the teacher that is based	10813
on or attributable to retirement or an agreement to retire;	10814

(l) Any amount paid by the employer as a retroactive payment	10815
of earnings, damages, or back pay pursuant to a court order,	10816
court-adopted settlement agreement, or other settlement agreement,	10817
unless the retirement system receives both of the following:	10818

(i) Teacher and employer contributions under sections 3307.26	10819
and 3307.28 of the Revised Code, plus interest compounded annually	10820
at a rate determined by the board, for each year or portion of a	10821
year for which amounts are paid under the order or agreement;	10822

(ii) Teacher and employer contributions under sections	10823
3307.26 and 3307.28 of the Revised Code, plus interest compounded	10824
annually at a rate determined by the board, for each year or	10825
portion of a year not subject to division (L)(2)(l)(i) of this	10826
section for which the board determines the teacher was improperly	10827
paid, regardless of the teacher's ability to recover on such	10828
amounts improperly paid.	10829

(3) The retirement board shall determine both of the	10830
following:	10831

(a) Whether particular forms of earnings are included in any	10832
of the categories enumerated in this division;	10833

(b) Whether any form of earnings not enumerated in this	10834
division is to be included in compensation.	10835

Decisions of the board made under this division shall be	10836
final.	10837

(M) "Superannuate" means both of the following:

10838

(1) A former teacher receiving from the system a retirement	10839
allowance under section 3307.58 or 3307.59 of the Revised Code;	10840

(2) A former teacher receiving a benefit from the system	10841
under a plan established under section 3307.81 of the Revised	10842
Code, except that "superannuate" does not include a former teacher	10843
who is receiving a benefit based on disability under a plan	10844
established under section 3307.81 of the Revised Code.	10845

For purposes of sections 3307.35 and 3307.353 of the Revised	10846
Code, "superannuate" also means a former teacher receiving from	10847
the system a combined service retirement benefit paid in	10848
accordance with section 3307.57 of the Revised Code, regardless of	10849
which retirement system is paying the benefit.	10850

(N) "STRS defined benefit plan" means the plan described in	10851
sections 3307.50 to 3307.79 of the Revised Code.	10852

(O) "STRS defined contribution plan" means the plans	10853
established under section 3307.81 of the Revised Code and includes	10854
the STRS combined plan under that section.	10855

Sec. 3313.351. The attorney general may educate school	10856
districts about contracting with any entity that provides students	10857
with account-based access to a web site or an online service,	10858
including electronic mail.	10859

Sec. 3313.372. (A) As used in this section, "energy	10860
conservation measure" means an installation or modification of an	10861
installation in, or remodeling of, a building, to reduce energy	10862
consumption. It includes:	10863

(1) Insulation of the building structure and systems within	10864
the building;	10865

(2) Storm windows and doors, multiglazed windows and doors,	10866
heat absorbing or heat reflective glazed and coated window and	10867
door systems, additional glazing, reductions in glass area, and	10868
other window and door system modifications that reduce energy	10869
consumption;	10870

(3) Automatic energy control systems;

10871

(4) Heating, ventilating, or air conditioning system	10872
modifications or replacements;	10873

(5) Caulking and weatherstripping;

10874

(6) Replacement or modification of lighting fixtures to	10875
increase the energy efficiency of the system without increasing	10876
the overall illumination of a facility, unless such increase in	10877
illumination is necessary to conform to the applicable state or	10878
local building code for the proposed lighting system;	10879

(7) Energy recovery systems;

10880

(8) Cogeneration systems that produce steam or forms of	10881
energy such as heat, as well as electricity, for use primarily	10882
within a building or complex of buildings;	10883

(9) Any other modification, installation, or remodeling	10884
approved by the Ohio school facilities commission as an energy	10885
conservation measure.	10886

(B) A board of education of a city, exempted village, local,	10887
or joint vocational school district may enter into an installment	10888
payment contract for the purchase and installation of energy	10889
conservation measures. The provisions of such installment payment	10890
contracts dealing with interest charges and financing terms shall	10891
not be subject to the competitive bidding requirements of section	10892
3313.46 of the Revised Code, and shall be on the following terms:	10893

(1) Not less than one-fifteenth of the costs thereof shall be	10894
paid within two years from the date of purchase.	10895

(2) The remaining balance of the costs thereof shall be paid	10896
within fifteen years from the date of purchase.	10897

The provisions of any installment payment contract entered	10898
into pursuant to this section shall provide that all payments,	10899
except payments for repairs and obligations on termination of the	10900
contract prior to its expiration, be stated as a percentage of	10901
calculated energy, water, or waste water cost savings, avoided	10902
operating costs, and avoided capital costs attributable to the one	10903
or more measures over a defined period of time. Those payments	10904
shall be made only to the extent that the savings described in	10905
this division actually occur. The ~~contractor~~energy services	10906
company shall warrant and guarantee that the energy conservation	10907
measures shall realize guaranteed savings and shall be responsible	10908
to pay an amount equal to any savings shortfall.	10909

An installment payment contract entered into by a board of	10910
education under this section shall require the board to contract	10911
in accordance with division (A) of section 3313.46 of the Revised	10912
Code for the installation, modification, or remodeling of energy	10913
conservation measures unless division (A) of section 3313.46 of	10914
the Revised Code does not apply pursuant to division (B)(3) of	10915
that section.	10916

(C) If a board of education determines that a surety bond is	10917
necessary to secure energy, water, or waste water cost savings	10918
guaranteed in a contract entered into by the board of education	10919
under this section, the energy services company shall provide a	10920
surety bond that satisfies all of the following requirements:	10921

(1) The penal sum of the surety bond for the first guarantee	10922
year shall equal the amount of savings included in the annual	10923
guaranteed savings amount that is measured and calculated in	10924
accordance with the measurement and verification plan included in	10925
the contract, but may not include guaranteed savings that are not	10926
measured or that are stipulated in the contract. The annual	10927
guaranteed savings amount shall include only the savings	10928
guaranteed in the contract for the one-year term that begins on	10929
the first day of the first savings guarantee year and may not	10930
include amounts from subsequent years.	10931

(2) The surety bond shall have a term of not more than one	10932
year unless renewed. At the option of the board of education, the	10933
surety bond may be renewed for one or two additional terms, each	10934
term not to exceed one year. The surety bond may not be renewed or	10935
extended so that it is in effect for more than three consecutive	10936
years.	10937

In the event of a renewal, the penal sum of the surety bond	10938
for each renewed year shall be revised so that the penal sum	10939
equals the annual guaranteed savings amount for such renewal year	10940
that is measured and calculated in accordance with the measurement	10941
and verification plan included in the contract, but may not	10942
include guaranteed savings that are not measured or that are	10943
stipulated in the contract. Regardless of the number of renewals	10944
of the bond, the aggregate liability under each renewed bond may	10945
not exceed the penal sum stated in the renewal certificate for the	10946
applicable renewal year.	10947

(3) The surety bond for the first year shall be issued within	10948
thirty days of the commencement of the first savings guarantee	10949
year under the contract.	10950

In the event of renewal, the surety shall deliver to the	10951
board of education a renewal certificate reflecting the revised	10952
penal sum within thirty days of the board of education's request.	10953
The board of education shall deliver the request for renewal not	10954
less than thirty days prior to the expiration date of the surety	10955
bond then in existence. A surety bond furnished pursuant to	10956
section 153.54 of the Revised Code shall not secure obligations	10957
related to energy, water, or waste water cost savings as	10958
referenced in division (C) of this section.	10959

(D) The board may issue the notes of the school district	10960
signed by the president and the treasurer of the board and	10961
specifying the terms of the purchase and securing the deferred	10962
payments provided in this section, payable at the times provided	10963
and bearing interest at a rate not exceeding the rate determined	10964
as provided in section 9.95 of the Revised Code. The notes may	10965
contain an option for prepayment and shall not be subject to	10966
Chapter 133. of the Revised Code. In the resolution authorizing	10967
the notes, the board may provide, without the vote of the electors	10968
of the district, for annually levying and collecting taxes in	10969
amounts sufficient to pay the interest on and retire the notes,	10970
except that the total net indebtedness of the district without a	10971
vote of the electors incurred under this and all other sections of	10972
the Revised Code, except section 3318.052 of the Revised Code,	10973
shall not exceed one per cent of the district's tax valuation.	10974
Revenues derived from local taxes or otherwise, for the purpose of	10975
conserving energy or for defraying the current operating expenses	10976
of the district, may be applied to the payment of interest and the	10977
retirement of such notes. The notes may be sold at private sale or	10978
given to the ~~contractor~~energy services company under the	10979
installment payment contract authorized by division (B) of this	10980
section.	10981

~~(D)~~(E) Debt incurred under this section shall not be included	10982
in the calculation of the net indebtedness of a school district	10983
under section 133.06 of the Revised Code.	10984

~~(E)~~(F) No school district board shall enter into an	10985
installment payment contract under division (B) of this section	10986
unless it first obtains a report of the costs of the energy	10987
conservation measures and the savings thereof as described under	10988
division (G) of section 133.06 of the Revised Code as a	10989
requirement for issuing energy securities, makes a finding that	10990
the amount spent on such measures is not likely to exceed the	10991
amount of money it would save in energy costs and resultant	10992
operational and maintenance costs as described in that division,	10993
except that that finding shall cover the ensuing fifteen years,	10994
and the Ohio school facilities commission determines that the	10995
district board's findings are reasonable and approves the contract	10996
as described in that division.	10997

The district board shall monitor the savings and maintain a	10998
report of those savings, which shall be submitted to the	10999
commission in the same manner as required by division (G) of	11000
section 133.06 of the Revised Code in the case of energy	11001
securities.	11002

Sec. 3313.617. (A) A person who meets all of the following	11003
criteria shall be permitted to take the tests of general	11004
educational development:	11005

(1) The person is at least eighteen years of age.

11006

(2) The person is officially withdrawn from school.

11007

(3) The person has not received a high school diploma or	11008
honors diploma awarded under section 3313.61, 3313.611, 3313.612,	11009
or 3325.08 of the Revised Code.	11010

(B) When a person who is at least sixteen years of age but	11011
less than ~~nineteen~~eighteen years of age applies to the department	11012
of education to take the tests of general educational development,	11013
the person shall submit with the application written approval from	11014
the ~~superintendent of the school district in which the person was~~	11015
~~last enrolled, or the superintendent's designee, except that if~~	11016
~~the person was last enrolled in a community school established~~	11017
~~under Chapter 3314. of the Revised Code or a science, technology,~~	11018
~~engineering, and mathematics school established under Chapter~~	11019
~~3326. of the Revised Code, the approval shall be from the~~	11020
~~principal of the school, or the principal's designee. The~~	11021
~~department may require the person also to submit written approval~~	11022
~~from the~~ person's parent or guardian or a court official~~, if the~~	11023
~~person is younger than eighteen years of age~~.	11024

~~(B)~~(C) For the purpose of calculating graduation rates for	11025
the school district and building report cards under section	11026
3302.03 of the Revised Code, the department shall count any person	11027
for whom approval is obtained from the ~~superintendent or~~	11028
~~principal, or a designee,~~person's parent or guardian or a court	11029
official under division ~~(A)~~(B) of this section as a dropout from	11030
the district or school in which the person was last enrolled prior	11031
to obtaining the approval.	11032

Sec. 3313.902. (A) As used in this section:

11033

(1) "Approved industry credential or certificate" means a	11034
credential or certificate that is approved by the chancellor of	11035
the Ohio board of regents.	11036

(2) "Eligible institution" means any of the following:

11037

(a) A community college established under Chapter 3354. of	11038
the Revised Code;	11039

(b) A technical college established under Chapter 3357. of	11040
the Revised Code;	11041

(c) A state community college established under Chapter 3358.	11042
of the Revised Code;	11043

(d) An Ohio technical center recognized by the chancellor	11044
that provides post-secondary workforce education.	11045

(3) "Eligible student" means an individual who is at least	11046
twenty-two years of age and has not received a high school diploma	11047
or a certificate of high school equivalence, as defined in section	11048
4109.06 of the Revised Code.	11049

(B) The adult career opportunity pilot program is hereby	11050
established to permit an eligible institution to obtain approval	11051
from the state board of education and the chancellor to develop	11052
and offer a program of study that allows an eligible student to	11053
obtain a high school diploma. A program shall be eligible for this	11054
approval if it satisfies all of the following requirements:	11055

(1) The program allows an eligible student to complete the	11056
requirements for obtaining a high school diploma while completing	11057
requirements for an approved industry credential or certificate.	11058

(2) The program includes career advising and outreach.

11059

(3) The program includes opportunities for students to	11060
receive a competency-based education.	11061

(C) The superintendent of public instruction, in consultation	11062
with the chancellor, shall adopt rules for the implementation of	11063
the adult career opportunity pilot program, including the	11064
requirements for applying for program approval.	11065

Sec. 3314.08. (A) As used in this section:

11066

(1)(a) "Category one career-technical education student"	11067
means a student who is receiving the career-technical education	11068
services described in division (A) of section 3317.014 of the	11069
Revised Code.	11070

(b) "Category two career-technical student" means a student	11071
who is receiving the career-technical education services described	11072
in division (B) of section 3317.014 of the Revised Code.	11073

(c) "Category three career-technical student" means a student	11074
who is receiving the career-technical education services described	11075
in division (C) of section 3317.014 of the Revised Code.	11076

(d) "Category four career-technical student" means a student	11077
who is receiving the career-technical education services described	11078
in division (D) of section 3317.014 of the Revised Code.	11079

(e) "Category five career-technical education student" means	11080
a student who is receiving the career-technical education services	11081
described in division (E) of section 3317.014 of the Revised Code.	11082

(2)(a) "Category one limited English proficient student"	11083
means a limited English proficient student described in division	11084
(A) of section 3317.016 of the Revised Code.	11085

(b) "Category two limited English proficient student" means a	11086
limited English proficient student described in division (B) of	11087
section 3317.016 of the Revised Code.	11088

(c) "Category three limited English proficient student" means	11089
a limited English proficient student described in division (C) of	11090
section 3317.016 of the Revised Code.	11091

(3)(a) "Category one special education student" means a	11092
student who is receiving special education services for a	11093
disability specified in division (A) of section 3317.013 of the	11094
Revised Code.	11095

(b) "Category two special education student" means a student	11096
who is receiving special education services for a disability	11097
specified in division (B) of section 3317.013 of the Revised Code.	11098

(c) "Category three special education student" means a	11099
student who is receiving special education services for a	11100
disability specified in division (C) of section 3317.013 of the	11101
Revised Code.	11102

(d) "Category four special education student" means a student	11103
who is receiving special education services for a disability	11104
specified in division (D) of section 3317.013 of the Revised Code.	11105

(e) "Category five special education student" means a student	11106
who is receiving special education services for a disability	11107
specified in division (E) of section 3317.013 of the Revised Code.	11108

(f) "Category six special education student" means a student	11109
who is receiving special education services for a disability	11110
specified in division (F) of section 3317.013 of the Revised Code.	11111

(4) "Formula amount" has the same meaning as in section	11112
3317.02 of the Revised Code.	11113

(5) "IEP" has the same meaning as in section 3323.01 of the	11114
Revised Code.	11115

(6) "Resident district" means the school district in which a	11116
student is entitled to attend school under section 3313.64 or	11117
3313.65 of the Revised Code.	11118

(7) "State education aid" has the same meaning as in section	11119
5751.20 of the Revised Code.	11120

(B) The state board of education shall adopt rules requiring	11121
both of the following:	11122

(1) The board of education of each city, exempted village,	11123
and local school district to annually report the number of	11124
students entitled to attend school in the district who are	11125
enrolled in each grade kindergarten through twelve in a community	11126
school established under this chapter, and for each child, the	11127
community school in which the child is enrolled.	11128

(2) The governing authority of each community school	11129
established under this chapter to annually report all of the	11130
following:	11131

(a) The number of students enrolled in grades one through	11132
twelve and the full-time equivalent number of students enrolled in	11133
kindergarten in the school who are not receiving special education	11134
and related services pursuant to an IEP;	11135

(b) The number of enrolled students in grades one through	11136
twelve and the full-time equivalent number of enrolled students in	11137
kindergarten, who are receiving special education and related	11138
services pursuant to an IEP;	11139

(c) The number of students reported under division (B)(2)(b)	11140
of this section receiving special education and related services	11141
pursuant to an IEP for a disability described in each of divisions	11142
(A) to (F) of section 3317.013 of the Revised Code;	11143

(d) The full-time equivalent number of students reported	11144
under divisions (B)(2)(a) and (b) of this section who are enrolled	11145
in career-technical education programs or classes described in	11146
each of divisions (A) to (E) of section 3317.014 of the Revised	11147
Code that are provided by the community school;	11148

(e) ~~Twenty per cent of the~~The number of students reported	11149
under divisions (B)(2)(a) and (b) of this section who are not	11150
reported under division (B)(2)(d) of this section but who are	11151
enrolled in career-technical education programs or classes	11152
described in each of divisions (A) to (E) of section 3317.014 of	11153
the Revised Code at a joint vocational school district or another	11154
district in the career-technical planning district to which the	11155
school is assigned;	11156

(f) The number of students reported under divisions (B)(2)(a)	11157
and (b) of this section who are category one to three limited	11158
English proficient students described in each of divisions (A) to	11159
(C) of section 3317.016 of the Revised Code;	11160

(g) The number of students reported under divisions (B)(2)(a)	11161
and (b) who are economically disadvantaged, as defined by the	11162
department. A student shall not be categorically excluded from the	11163
number reported under division (B)(2)(g) of this section based on	11164
anything other than family income.	11165

(h) For each student, the city, exempted village, or local	11166
school district in which the student is entitled to attend school	11167
under section 3313.64 or 3313.65 of the Revised Code.	11168

A school district board and a community school governing	11169
authority shall include in their respective reports under division	11170
(B) of this section any child admitted in accordance with division	11171
(A)(2) of section 3321.01 of the Revised Code.	11172

A governing authority of a community school shall not include	11173
in its report under division (B)(2) of this section any student	11174
for whom tuition is charged under division (F) of this section.	11175

(C)(1) Except as provided in division (C)(2) of this section,	11176
and subject to divisions (C)(3), (4), (5), (6), and (7) of this	11177
section, on a full-time equivalency basis, for each student	11178
enrolled in a community school established under this chapter, the	11179
department of education annually shall deduct from the state	11180
education aid of a student's resident district and, if necessary,	11181
from the payment made to the district under sections 321.24 and	11182
323.156 of the Revised Code and pay to the community school the	11183
sum of the following:	11184

(a) An opportunity grant in an amount equal to the formula	11185
amount;	11186

(b) The per pupil amount of targeted assistance funds	11187
calculated under division (A) of section 3317.0217 of the Revised	11188
Code for the student's resident district, as determined by the	11189
department, X 0.25;	11190

(c) Additional state aid for special education and related	11191
services provided under Chapter 3323. of the Revised Code as	11192
follows:	11193

(i) If the student is a category one special education	11194
student, the amount specified in division (A) of section 3317.013	11195
of the Revised Code;	11196

(ii) If the student is a category two special education	11197
student, the amount specified in division (B) of section 3317.013	11198
of the Revised Code;	11199

(iii) If the student is a category three special education	11200
student, the amount specified in division (C) of section 3317.013	11201
of the Revised Code;	11202

(iv) If the student is a category four special education	11203
student, the amount specified in division (D) of section 3317.013	11204
of the Revised Code;	11205

(v) If the student is a category five special education	11206
student, the amount specified in division (E) of section 3317.013	11207
of the Revised Code;	11208

(vi) If the student is a category six special education	11209
student, the amount specified in division (F) of section 3317.013	11210
of the Revised Code.	11211

(d) If the student is in kindergarten through third grade, an	11212
additional amount of $211, in fiscal year 2014, and $290, in	11213
fiscal year 2015;	11214

(e) If the student is economically disadvantaged, an	11215
additional amount equal to the following:	11216

($269, in fiscal year 2014, or $272, in fiscal year 2015) X	11217
(the resident district's economically disadvantaged index)	11218

(f) Limited English proficiency funds as follows:

11219

(i) If the student is a category one limited English	11220
proficient student, the amount specified in division (A) of	11221
section 3317.016 of the Revised Code;	11222

(ii) If the student is a category two limited English	11223
proficient student, the amount specified in division (B) of	11224
section 3317.016 of the Revised Code;	11225

(iii) If the student is a category three limited English	11226
proficient student, the amount specified in division (C) of	11227
section 3317.016 of the Revised Code.	11228

(g) ~~Career-technical~~If the student is reported under	11229
division (B)(2)(d) of this section, career-technical education	11230
funds as follows:	11231

(i) If the student is a category one career-technical	11232
education student, the amount specified in division (A) of section	11233
3317.014 of the Revised Code;	11234

(ii) If the student is a category two career-technical	11235
education student, the amount specified in division (B) of section	11236
3317.014 of the Revised Code;	11237

(iii) If the student is a category three career-technical	11238
education student, the amount specified in division (C) of section	11239
3317.014 of the Revised Code;	11240

(iv) If the student is a category four career-technical	11241
education student, the amount specified in division (D) of section	11242
3317.014 of the Revised Code;	11243

(v) If the student is a category five career-technical	11244
education student, the amount specified in division (E) of section	11245
3317.014 of the Revised Code.	11246

Deduction and payment of funds under division (C)(1)(g) of	11247
this section is subject to approval by the lead district of a	11248
career-technical planning district or the department of education	11249
under section 3317.161 of the Revised Code.	11250

(2) When deducting from the state education aid of a	11251
student's resident district for students enrolled in an internet-	11252
or computer-based community school and making payments to such	11253
school under this section, the department shall make the	11254
deductions and payments described in only divisions (C)(1)(a),	11255
(c), and (g) of this section.	11256

No deductions or payments shall be made for a student	11257
enrolled in such school under division (C)(1)(b), (d), (e), or (f)	11258
of this section.	11259

(3)(a) If a community school's costs for a fiscal year for a	11260
student receiving special education and related services pursuant	11261
to an IEP for a disability described in divisions (B) to (F) of	11262
section 3317.013 of the Revised Code exceed the threshold	11263
catastrophic cost for serving the student as specified in division	11264
(B) of section 3317.0214 of the Revised Code, the school may	11265
submit to the superintendent of public instruction documentation,	11266
as prescribed by the superintendent, of all its costs for that	11267
student. Upon submission of documentation for a student of the	11268
type and in the manner prescribed, the department shall pay to the	11269
community school an amount equal to the school's costs for the	11270
student in excess of the threshold catastrophic costs.	11271

(b) The community school shall report under division	11272
(C)(3)(a) of this section, and the department shall pay for, only	11273
the costs of educational expenses and the related services	11274
provided to the student in accordance with the student's	11275
individualized education program. Any legal fees, court costs, or	11276
other costs associated with any cause of action relating to the	11277
student may not be included in the amount.	11278

(4) In any fiscal year, a community school receiving funds	11279
under division (C)(1)(g) of this section shall spend those funds	11280
only for the purposes that the department designates as approved	11281
for career-technical education expenses. Career-technical	11282
~~educational~~education expenses approved by the department shall	11283
include only expenses connected to the delivery of	11284
career-technical programming to career-technical students. The	11285
department shall require the school to report data annually so	11286
that the department may monitor the school's compliance with the	11287
requirements regarding the manner in which funding received under	11288
division (C)(1)(g) of this section may be spent.	11289

(5) All funds received under division (C)(1)(g) of this	11290
section shall be spent in the following manner:	11291

(a) At least seventy-five per cent of the funds shall be	11292
spent on curriculum development, purchase, and implementation;	11293
instructional resources and supplies; industry-based program	11294
certification; student assessment, credentialing, and placement;	11295
curriculum specific equipment purchases and leases;	11296
career-technical student organization fees and expenses; home and	11297
agency linkages; work-based learning experiences; professional	11298
development; and other costs directly associated with	11299
career-technical education programs including development of new	11300
programs.	11301

(b) Not more than twenty-five per cent of the funds shall be	11302
used for personnel expenditures.	11303

(6) A community school shall spend the funds it receives	11304
under division (C)(1)(e) of this section in accordance with	11305
section 3317.25 of the Revised Code.	11306

(7) If the sum of the payments computed under ~~division~~	11307
divisions (C)(1) and (8)(a) of this section for the students	11308
entitled to attend school in a particular school district under	11309
sections 3313.64 and 3313.65 of the Revised Code exceeds the sum	11310
of that district's state education aid and its payment under	11311
sections 321.24 and 323.156 of the Revised Code, the department	11312
shall calculate and apply a proration factor to the payments to	11313
all community schools under that division for the students	11314
entitled to attend school in that district.	11315

(8)(a) Subject to division (C)(7) of this section, the	11316
department annually shall pay to each community school, including	11317
each internet- or computer-based community school, an amount equal	11318
to the following:	11319

(The number of students reported by the community school	11320
under division (B)(2)(e) of this section X the formula amount X	11321
.20)	11322

(b) For each payment made to a community school under	11323
division (C)(8)(a) of this section, the department shall deduct	11324
from the state education aid of each city, local, and exempted	11325
village school district and, if necessary, from the payment made	11326
to the district under sections 321.24 and 323.156 of the Revised	11327
Code an amount equal to the following:	11328

(The number of the district's students reported by the	11329
community school under division (B)(2)(e) of this section X the	11330
formula amount X .20)	11331

(D) A board of education sponsoring a community school may	11332
utilize local funds to make enhancement grants to the school or	11333
may agree, either as part of the contract or separately, to	11334
provide any specific services to the community school at no cost	11335
to the school.	11336

(E) A community school may not levy taxes or issue bonds	11337
secured by tax revenues.	11338

(F) No community school shall charge tuition for the	11339
enrollment of any student who is a resident of this state. A	11340
community school may charge tuition for the enrollment of any	11341
student who is not a resident of this state.	11342

(G)(1)(a) A community school may borrow money to pay any	11343
necessary and actual expenses of the school in anticipation of the	11344
receipt of any portion of the payments to be received by the	11345
school pursuant to division (C) of this section. The school may	11346
issue notes to evidence such borrowing. The proceeds of the notes	11347
shall be used only for the purposes for which the anticipated	11348
receipts may be lawfully expended by the school.	11349

(b) A school may also borrow money for a term not to exceed	11350
fifteen years for the purpose of acquiring facilities.	11351

(2) Except for any amount guaranteed under section 3318.50 of	11352
the Revised Code, the state is not liable for debt incurred by the	11353
governing authority of a community school.	11354

(H) The department of education shall adjust the amounts	11355
subtracted and paid under division (C) of this section to reflect	11356
any enrollment of students in community schools for less than the	11357
equivalent of a full school year. The state board of education	11358
within ninety days after April 8, 2003, shall adopt in accordance	11359
with Chapter 119. of the Revised Code rules governing the payments	11360
to community schools under this section including initial payments	11361
in a school year and adjustments and reductions made in subsequent	11362
periodic payments to community schools and corresponding	11363
deductions from school district accounts as provided under	11364
division (C) of this section. For purposes of this section:	11365

(1) A student shall be considered enrolled in the community	11366
school for any portion of the school year the student is	11367
participating at a college under Chapter 3365. of the Revised	11368
Code.	11369

(2) A student shall be considered to be enrolled in a	11370
community school for the period of time beginning on the later of	11371
the date on which the school both has received documentation of	11372
the student's enrollment from a parent and the student has	11373
commenced participation in learning opportunities as defined in	11374
the contract with the sponsor, or thirty days prior to the date on	11375
which the student is entered into the education management	11376
information system established under section 3301.0714 of the	11377
Revised Code. For purposes of applying this division and divisions	11378
(H)(3) and (4) of this section to a community school student,	11379
"learning opportunities" shall be defined in the contract, which	11380
shall describe both classroom-based and non-classroom-based	11381
learning opportunities and shall be in compliance with criteria	11382
and documentation requirements for student participation which	11383
shall be established by the department. Any student's instruction	11384
time in non-classroom-based learning opportunities shall be	11385
certified by an employee of the community school. A student's	11386
enrollment shall be considered to cease on the date on which any	11387
of the following occur:	11388

(a) The community school receives documentation from a parent	11389
terminating enrollment of the student.	11390

(b) The community school is provided documentation of a	11391
student's enrollment in another public or private school.	11392

(c) The community school ceases to offer learning	11393
opportunities to the student pursuant to the terms of the contract	11394
with the sponsor or the operation of any provision of this	11395
chapter.	11396

Except as otherwise specified in this paragraph, beginning in	11397
the 2011-2012 school year, any student who completed the prior	11398
school year in an internet- or computer-based community school	11399
shall be considered to be enrolled in the same school in the	11400
subsequent school year until the student's enrollment has ceased	11401
as specified in division (H)(2) of this section. The department	11402
shall continue subtracting and paying amounts for the student	11403
under division (C) of this section without interruption at the	11404
start of the subsequent school year. However, if the student	11405
without a legitimate excuse fails to participate in the first one	11406
hundred five consecutive hours of learning opportunities offered	11407
to the student in that subsequent school year, the student shall	11408
be considered not to have re-enrolled in the school for that	11409
school year and the department shall recalculate the payments to	11410
the school for that school year to account for the fact that the	11411
student is not enrolled.	11412

(3) The department shall determine each community school	11413
student's percentage of full-time equivalency based on the	11414
percentage of learning opportunities offered by the community	11415
school to that student, reported either as number of hours or	11416
number of days, is of the total learning opportunities offered by	11417
the community school to a student who attends for the school's	11418
entire school year. However, no internet- or computer-based	11419
community school shall be credited for any time a student spends	11420
participating in learning opportunities beyond ten hours within	11421
any period of twenty-four consecutive hours. Whether it reports	11422
hours or days of learning opportunities, each community school	11423
shall offer not less than nine hundred twenty hours of learning	11424
opportunities during the school year.	11425

(4) With respect to the calculation of full-time equivalency	11426
under division (H)(3) of this section, the department shall waive	11427
the number of hours or days of learning opportunities not offered	11428
to a student because the community school was closed during the	11429
school year due to disease epidemic, hazardous weather conditions,	11430
law enforcement emergencies, inoperability of school buses or	11431
other equipment necessary to the school's operation, damage to a	11432
school building, or other temporary circumstances due to utility	11433
failure rendering the school building unfit for school use, so	11434
long as the school was actually open for instruction with students	11435
in attendance during that school year for not less than the	11436
minimum number of hours required by this chapter. The department	11437
shall treat the school as if it were open for instruction with	11438
students in attendance during the hours or days waived under this	11439
division.	11440

(I) The department of education shall reduce the amounts paid	11441
under this section to reflect payments made to colleges under	11442
division (B) of section 3365.07 of the Revised Code or through	11443
alternative funding agreements entered into under rules adopted	11444
under section 3365.12 of the Revised Code.	11445

(J)(1) No student shall be considered enrolled in any	11446
internet- or computer-based community school or, if applicable to	11447
the student, in any community school that is required to provide	11448
the student with a computer pursuant to division (C) of section	11449
3314.22 of the Revised Code, unless both of the following	11450
conditions are satisfied:	11451

(a) The student possesses or has been provided with all	11452
required hardware and software materials and all such materials	11453
are operational so that the student is capable of fully	11454
participating in the learning opportunities specified in the	11455
contract between the school and the school's sponsor as required	11456
by division (A)(23) of section 3314.03 of the Revised Code;	11457

(b) The school is in compliance with division (A) of section	11458
3314.22 of the Revised Code, relative to such student.	11459

(2) In accordance with policies adopted jointly by the	11460
superintendent of public instruction and the auditor of state, the	11461
department shall reduce the amounts otherwise payable under	11462
division (C) of this section to any community school that includes	11463
in its program the provision of computer hardware and software	11464
materials to any student, if such hardware and software materials	11465
have not been delivered, installed, and activated for each such	11466
student in a timely manner or other educational materials or	11467
services have not been provided according to the contract between	11468
the individual community school and its sponsor.	11469

The superintendent of public instruction and the auditor of	11470
state shall jointly establish a method for auditing any community	11471
school to which this division pertains to ensure compliance with	11472
this section.	11473

The superintendent, auditor of state, and the governor shall	11474
jointly make recommendations to the general assembly for	11475
legislative changes that may be required to assure fiscal and	11476
academic accountability for such schools.	11477

(K)(1) If the department determines that a review of a	11478
community school's enrollment is necessary, such review shall be	11479
completed and written notice of the findings shall be provided to	11480
the governing authority of the community school and its sponsor	11481
within ninety days of the end of the community school's fiscal	11482
year, unless extended for a period not to exceed thirty additional	11483
days for one of the following reasons:	11484

(a) The department and the community school mutually agree to	11485
the extension.	11486

(b) Delays in data submission caused by either a community	11487
school or its sponsor.	11488

(2) If the review results in a finding that additional	11489
funding is owed to the school, such payment shall be made within	11490
thirty days of the written notice. If the review results in a	11491
finding that the community school owes moneys to the state, the	11492
following procedure shall apply:	11493

(a) Within ten business days of the receipt of the notice of	11494
findings, the community school may appeal the department's	11495
determination to the state board of education or its designee.	11496

(b) The board or its designee shall conduct an informal	11497
hearing on the matter within thirty days of receipt of such an	11498
appeal and shall issue a decision within fifteen days of the	11499
conclusion of the hearing.	11500

(c) If the board has enlisted a designee to conduct the	11501
hearing, the designee shall certify its decision to the board. The	11502
board may accept the decision of the designee or may reject the	11503
decision of the designee and issue its own decision on the matter.	11504

(d) Any decision made by the board under this division is	11505
final.	11506

(3) If it is decided that the community school owes moneys to	11507
the state, the department shall deduct such amount from the	11508
school's future payments in accordance with guidelines issued by	11509
the superintendent of public instruction.	11510

(L) The department shall not subtract from a school	11511
district's state aid account and shall not pay to a community	11512
school under division (C) of this section any amount for any of	11513
the following:	11514

(1) Any student who has graduated from the twelfth grade of a	11515
public or nonpublic high school;	11516

(2) Any student who is not a resident of the state;

11517

(3) Any student who was enrolled in the community school	11518
during the previous school year when assessments were administered	11519
under section 3301.0711 of the Revised Code but did not take one	11520
or more of the assessments required by that section and was not	11521
excused pursuant to division (C)(1) or (3) of that section, unless	11522
the superintendent of public instruction grants the student a	11523
waiver from the requirement to take the assessment and a parent is	11524
not paying tuition for the student pursuant to section 3314.26 of	11525
the Revised Code. The superintendent may grant a waiver only for	11526
good cause in accordance with rules adopted by the state board of	11527
education.	11528

(4) Any student who has attained the age of twenty-two years,	11529
except for veterans of the armed services whose attendance was	11530
interrupted before completing the recognized twelve-year course of	11531
the public schools by reason of induction or enlistment in the	11532
armed forces and who apply for enrollment in a community school	11533
not later than four years after termination of war or their	11534
honorable discharge. If, however, any such veteran elects to	11535
enroll in special courses organized for veterans for whom tuition	11536
is paid under federal law, or otherwise, the department shall not	11537
subtract from a school district's state aid account and shall not	11538
pay to a community school under division (C) of this section any	11539
amount for that veteran.	11540

Sec. 3314.38. (A) An individual who is at least twenty-two	11541
years of age and who is an eligible individual as defined in	11542
section 3317.23 of the Revised Code may enroll for up to two	11543
cumulative school years in a dropout prevention and recovery	11544
program operated by a community school that is designed to allow	11545
enrollees to earn a high school diploma. An individual enrolled	11546
under this division may elect to satisfy the requirements to earn	11547
a high school diploma by successfully completing a	11548
competency-based instructional program that complies with the	11549
standards adopted by the state board of education under section	11550
3317.231 of the Revised Code. The community school shall report	11551
that individual's enrollment on a full-time equivalency basis to	11552
the department of education. This report shall be in addition to	11553
the report required under division (B) of section 3314.08 of the	11554
Revised Code. An individual enrolled under this division shall not	11555
be assigned to classes or settings with students who are younger	11556
than eighteen years of age.	11557

(B)(1) For each community school that enrolls individuals	11558
under division (A) of this section, the department of education	11559
annually shall certify the enrollment and attendance, on a	11560
full-time equivalency basis, of each individual reported by the	11561
school under that division.	11562

(2) For each individual enrolled in a community school under	11563
division (A) of this section, the department annually shall pay to	11564
the community school an amount equal to the following:	11565

$5,000 X the individual's enrollment on a full-time equivalency	11566
basis as certified under division (B)(1) of this section X the	11567
portion of the school year in which the individual is enrolled in	11568
the school expressed as a percentage	11569

(C) A community school that enrolls individuals under	11570
division (A) of this section shall be subject to the program	11571
administration standards adopted by the state board under section	11572
3317.231 of the Revised Code, as applicable.	11573

Sec. 3317.01. As used in this section, "school district,"	11574
unless otherwise specified, means any city, local, exempted	11575
village, joint vocational, or cooperative education school	11576
district and any educational service center.	11577

This chapter shall be administered by the state board of	11578
education. The superintendent of public instruction shall	11579
calculate the amounts payable to each school district and shall	11580
certify the amounts payable to each eligible district to the	11581
treasurer of the district as provided by this chapter. As soon as	11582
possible after such amounts are calculated, the superintendent	11583
shall certify to the treasurer of each school district the	11584
district's adjusted charge-off increase, as defined in section	11585
5705.211 of the Revised Code. Certification of moneys pursuant to	11586
this section shall include the amounts payable to each school	11587
building, at a frequency determined by the superintendent, for	11588
each subgroup of students, as defined in section 3317.40 of the	11589
Revised Code, receiving services, provided for by state funding,	11590
from the district or school. No moneys shall be distributed	11591
pursuant to this chapter without the approval of the controlling	11592
board.	11593

The state board of education shall, in accordance with	11594
appropriations made by the general assembly, meet the financial	11595
obligations of this chapter.	11596

Moneys distributed to school districts pursuant to this	11597
chapter shall be calculated based on the annual enrollment	11598
calculated from the three reports required under ~~section~~sections	11599
3317.03 and 3317.036 of the Revised Code and paid on a fiscal year	11600
basis, beginning with the first day of July and extending through	11601
the thirtieth day of June. The moneys appropriated for each fiscal	11602
year shall be distributed periodically to each school district	11603
unless otherwise provided for. The state board, in June of each	11604
year, shall submit to the controlling board the state board's	11605
year-end distributions pursuant to this chapter.	11606

Except as otherwise provided, payments under this chapter	11607
shall be made only to those school districts in which:	11608

(A) The school district, except for any educational service	11609
center and any joint vocational or cooperative education school	11610
district, levies for current operating expenses at least twenty	11611
mills. Levies for joint vocational or cooperative education school	11612
districts or county school financing districts, limited to or to	11613
the extent apportioned to current expenses, shall be included in	11614
this qualification requirement. School district income tax levies	11615
under Chapter 5748. of the Revised Code, limited to or to the	11616
extent apportioned to current operating expenses, shall be	11617
included in this qualification requirement to the extent	11618
determined by the tax commissioner under division (D) of section	11619
3317.021 of the Revised Code.	11620

(B) The school year next preceding the fiscal year for which	11621
such payments are authorized meets the requirement of section	11622
3313.48 of the Revised Code, with regard to the minimum number of	11623
hours school must be open for instruction with pupils in	11624
attendance, for individualized parent-teacher conference and	11625
reporting periods, and for professional meetings of teachers.	11626

A school district shall not be considered to have failed to	11627
comply with this division because schools were open for	11628
instruction but either twelfth grade students were excused from	11629
attendance for up to the equivalent of three school days or only a	11630
portion of the kindergarten students were in attendance for up to	11631
the equivalent of three school days in order to allow for the	11632
gradual orientation to school of such students.	11633

A board of education or governing board of an educational	11634
service center which has not conformed with other law and the	11635
rules pursuant thereto, shall not participate in the distribution	11636
of funds authorized by this chapter, except for good and	11637
sufficient reason established to the satisfaction of the state	11638
board of education and the state controlling board.	11639

All funds allocated to school districts under this chapter,	11640
except those specifically allocated for other purposes, shall be	11641
used to pay current operating expenses only.	11642

Sec. 3317.02. As used in this chapter:

11643

(A)(1) "Category one career-technical education ADM" means	11644
the enrollment of students during the school year on a full-time	11645
equivalency basis in career-technical education programs described	11646
in division (A) of section 3317.014 of the Revised Code and	11647
certified under division (B)(11) or (D)(2)(h) of section 3317.03	11648
of the Revised Code.	11649

(2) "Category two career-technical education ADM" means the	11650
enrollment of students during the school year on a full-time	11651
equivalency basis in career-technical education programs described	11652
in division (B) of section 3317.014 of the Revised Code and	11653
certified under division (B)(12) or (D)(2)(i) of section 3317.03	11654
of the Revised Code.	11655

(3) "Category three career-technical education ADM" means the	11656
enrollment of students during the school year on a full-time	11657
equivalency basis in career-technical education programs described	11658
in division (C) of section 3317.014 of the Revised Code and	11659
certified under division (B)(13) or (D)(2)(j) of section 3317.03	11660
of the Revised Code.	11661

(4) "Category four career-technical education ADM" means the	11662
enrollment of students during the school year on a full-time	11663
equivalency basis in career-technical education programs described	11664
in division (D) of section 3317.014 of the Revised Code and	11665
certified under division (B)(14) or (D)(2)(k) of section 3317.03	11666
of the Revised Code.	11667

(5) "Category five career-technical education ADM" means the	11668
enrollment of students during the school year on a full-time	11669
equivalency basis in career-technical education programs described	11670
in division (E) of section 3317.014 of the Revised Code and	11671
certified under division (B)(15) or (D)(2)(l) of section 3317.03	11672
of the Revised Code.	11673

(B)(1) "Category one limited English proficient ADM" means	11674
the full-time equivalent number of limited English proficient	11675
students described in division (A) of section 3317.016 of the	11676
Revised Code and certified under division (B)(16) or (D)(2)(m) of	11677
section 3317.03 of the Revised Code.	11678

(2) "Category two limited English proficient ADM" means the	11679
full-time equivalent number of limited English proficient students	11680
described in division (B) of section 3317.016 of the Revised Code	11681
and certified under division (B)(17) or (D)(2)(n) of section	11682
3317.03 of the Revised Code.	11683

(3) "Category three limited English proficient ADM" means the	11684
full-time equivalent number of limited English proficient students	11685
described in division (C) of section 3317.016 of the Revised Code	11686
and certified under division (B)(18) or (D)(2)(o) of section	11687
3317.03 of the Revised Code.	11688

(C)(1) "Category one special education ADM" means the	11689
full-time equivalent number of children with disabilities	11690
receiving special education services for the disability specified	11691
in division (A) of section 3317.013 of the Revised Code and	11692
certified under division (B)(5) or (D)(2)(b) of section 3317.03 of	11693
the Revised Code.	11694

(2) "Category two special education ADM" means the full-time	11695
equivalent number of children with disabilities receiving special	11696
education services for those disabilities specified in division	11697
(B) of section 3317.013 of the Revised Code and certified under	11698
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	11699
Code.	11700

(3) "Category three special education ADM" means the	11701
full-time equivalent number of students receiving special	11702
education services for those disabilities specified in division	11703
(C) of section 3317.013 of the Revised Code, and certified under	11704
division (B)(7) or (D)(2)(d) of section 3317.03 of the Revised	11705
Code.	11706

(4) "Category four special education ADM" means the full-time	11707
equivalent number of students receiving special education services	11708
for those disabilities specified in division (D) of section	11709
3317.013 of the Revised Code and certified under division (B)(8)	11710
or (D)(2)(e) of section 3317.03 of the Revised Code.	11711

(5) "Category five special education ADM" means the full-time	11712
equivalent number of students receiving special education services	11713
for the disabilities specified in division (E) of section 3317.013	11714
of the Revised Code and certified under division (B)(9) or	11715
(D)(2)(f) of section 3317.03 of the Revised Code.	11716

(6) "Category six special education ADM" means the full-time	11717
equivalent number of students receiving special education services	11718
for the disabilities specified in division (F) of section 3317.013	11719
of the Revised Code and certified under division (B)(10) or	11720
(D)(2)(g) of section 3317.03 of the Revised Code.	11721

(D) "County DD board" means a county board of developmental	11722
disabilities.	11723

(E) "Economically disadvantaged index for a school district"	11724
means the square of the quotient of that district's percentage of	11725
students in its total ADM who are identified as economically	11726
disadvantaged as defined by the department of education, divided	11727
by the statewide percentage of students identified as economically	11728
disadvantaged.	11729

(F)(1) "Formula ADM" means, for a city, local, or exempted	11730
village school district, the enrollment reported under division	11731
(A) of section 3317.03 of the Revised Code, as verified by the	11732
superintendent of public instruction and adjusted if so ordered	11733
under division (K) of that section, and as further adjusted by	11734
~~counting~~the department of education, as follows:	11735

(a) Count only twenty per cent of the number of joint	11736
vocational school district students counted under division (A)(3)	11737
of section 3317.03 of the Revised Code;	11738

(b) Add twenty per cent of the number of students who are	11739
entitled to attend school in the district under section 3313.64 or	11740
3313.65 of the Revised Code and are enrolled in another school	11741
district under a career-technical education compact.	11742

(2) "Formula ADM" means, for a joint vocational school	11743
district, the final number verified by the superintendent of	11744
public instruction, based on the enrollment reported and certified	11745
under division (D) of section 3317.03 of the Revised Code, as	11746
adjusted, if so ordered, under division (K) of that section.	11747

(G) "Formula amount" means $5,745, for fiscal year 2014, and	11748
$5,800, for fiscal year 2015.	11749

(H) "FTE basis" means a count of students based on full-time	11750
equivalency, in accordance with rules adopted by the department of	11751
education pursuant to section 3317.03 of the Revised Code. In	11752
adopting its rules under this division, the department shall	11753
provide for counting any student in category one, two, three,	11754
four, five, or six special education ADM or in category one, two,	11755
three, four, or five career technical education ADM in the same	11756
proportion the student is counted in formula ADM.	11757

(I) "Internet- or computer-based community school" has the	11758
same meaning as in section 3314.02 of the Revised Code.	11759

(J) "Medically fragile child" means a child to whom all of	11760
the following apply:	11761

(1) The child requires the services of a doctor of medicine	11762
or osteopathic medicine at least once a week due to the	11763
instability of the child's medical condition.	11764

(2) The child requires the services of a registered nurse on	11765
a daily basis.	11766

(3) The child is at risk of institutionalization in a	11767
hospital, skilled nursing facility, or intermediate care facility	11768
for individuals with intellectual disabilities.	11769

(K)(1) A child may be identified as having an "other health	11770
impairment-major" if the child's condition meets the definition of	11771
"other health impaired" established in rules previously adopted by	11772
the state board of education and if either of the following apply:	11773

(a) The child is identified as having a medical condition	11774
that is among those listed by the superintendent of public	11775
instruction as conditions where a substantial majority of cases	11776
fall within the definition of "medically fragile child."	11777

(b) The child is determined by the superintendent of public	11778
instruction to be a medically fragile child. A school district	11779
superintendent may petition the superintendent of public	11780
instruction for a determination that a child is a medically	11781
fragile child.	11782

(2) A child may be identified as having an "other health	11783
impairment-minor" if the child's condition meets the definition of	11784
"other health impaired" established in rules previously adopted by	11785
the state board of education but the child's condition does not	11786
meet either of the conditions specified in division (K)(1)(a) or	11787
(b) of this section.	11788

(L) "Preschool child with a disability" means a child with a	11789
disability, as defined in section 3323.01 of the Revised Code, who	11790
is at least age three but is not of compulsory school age, as	11791
defined in section 3321.01 of the Revised Code, and who is not	11792
currently enrolled in kindergarten.	11793

(M) "Preschool scholarship ADM" means the number of preschool	11794
children with disabilities certified under division (B)(3)(h) of	11795
section 3317.03 of the Revised Code.	11796

(N) "Related services" includes:

11797

(1) Child study, special education supervisors and	11798
coordinators, speech and hearing services, adaptive physical	11799
development services, occupational or physical therapy, teacher	11800
assistants for children with disabilities whose disabilities are	11801
described in division (B) of section 3317.013 or division (B)(3)	11802
of this section, behavioral intervention, interpreter services,	11803
work study, nursing services, and specialized integrative services	11804
as those terms are defined by the department;	11805

(2) Speech and language services provided to any student with	11806
a disability, including any student whose primary or only	11807
disability is a speech and language disability;	11808

(3) Any related service not specifically covered by other	11809
state funds but specified in federal law, including but not	11810
limited to, audiology and school psychological services;	11811

(4) Any service included in units funded under former	11812
division (O)(1) of section 3317.024 of the Revised Code;	11813

(5) Any other related service needed by children with	11814
disabilities in accordance with their individualized education	11815
programs.	11816

(O) "School district," unless otherwise specified, means	11817
city, local, and exempted village school districts.	11818

(P) "State education aid" has the same meaning as in section	11819
5751.20 of the Revised Code.	11820

(Q) "State share index" means the state share index	11821
calculated for a district under section 3317.017 of the Revised	11822
Code.	11823

(R) "Taxes charged and payable" means the taxes charged and	11824
payable against real and public utility property after making the	11825
reduction required by section 319.301 of the Revised Code, plus	11826
the taxes levied against tangible personal property.	11827

(S) "Total ADM" means, for a city, local, or exempted village	11828
school district, the enrollment reported under division (A) of	11829
section 3317.03 of the Revised Code, as verified by the	11830
superintendent of public instruction and adjusted if so ordered	11831
under division (K) of that section.	11832

(T) "Total special education ADM" means the sum of categories	11833
one through six special education ADM.	11834

(U) "Total taxable value" means the sum of the amounts	11835
certified for a city, local, exempted village, or joint vocational	11836
school district under divisions (A)(1) and (2) of section 3317.021	11837
of the Revised Code.	11838

Sec. 3317.0217. Payment of the amount calculated for a school	11839
district under this section shall be made under division (A) of	11840
section 3317.022 of the Revised Code.	11841

(A) The department of education shall annually compute	11842
targeted assistance funds to school districts, as follows:	11843

(1) Calculate the local wealth per pupil of each school	11844
district, which equals the following sum:	11845

(a) One-half times the quotient of (i) the district's	11846
three-year average valuation divided by (ii) its formula ADM; plus	11847

(b) One-half times the quotient of (i) the average of the	11848
total federal adjusted gross income of the school district's	11849
residents for the three years most recently reported under section	11850
3317.021 of the Revised Code divided by (ii) its formula ADM.	11851

(2) Rank all school districts in order of local wealth per	11852
pupil, from the district with the lowest local wealth per pupil to	11853
the district with the highest local wealth per pupil.	11854

(3) Compute the statewide wealth per pupil, which equals the	11855
following sum:	11856

(a) One-half times the quotient of (i) the sum of the	11857
three-year average valuations for all school districts divided by	11858
(ii) the sum of formula ADM counts for all ~~schools~~school	11859
districts; plus	11860

(b) One-half times the quotient of (i) the sum of the	11861
three-year average total federal adjusted gross incomes for all	11862
school districts divided by (ii) the sum of formula ADM counts for	11863
all school districts.	11864

(4) Compute each district's wealth index by dividing the	11865
statewide wealth per pupil by the district's local wealth per	11866
pupil.	11867

(5) Compute the per pupil targeted assistance for each	11868
eligible school district in accordance with the following formula:	11869

(Threshold local wealth per pupil - the district's local wealth	11870
per pupil)	11871

X target millage X the district's wealth index	11872

Where:

11873

(a) An "eligible school district" means a school district	11874
with a local wealth per pupil less than that of the school	11875
district with the 490th lowest local wealth per pupil.	11876

(b) "Threshold local wealth per pupil" means the local wealth	11877
per pupil of the school district with the 490th lowest local	11878
wealth per pupil.	11879

11880

If the result of the calculation for a school district under	11881
division (A)(5) of this section is less than zero, the district's	11882
targeted assistance shall be zero.	11883

(6) Calculate the aggregate amount to be paid as targeted	11884
assistance funds to each school district under division (A) of	11885
section 3317.022 of the Revised Code by multiplying the per pupil	11886
targeted assistance computed under division (A)(5) of this section	11887
by the district's net formula ADM.	11888

As used in this division, a district's "net formula ADM"	11889
means its formula ADM minus the number of community school	11890
students certified under division (B)(3)(d) of section 3317.03 of	11891
the Revised Code X 0.75, the number of internet- and	11892
computer-based community school students certified under division	11893
(B)(3)(e) of that section, the number of science, technology,	11894
engineering, and mathematics school students certified under	11895
division (B)(3)(j) of that section X 0.75, and the number of	11896
scholarship students certified under divisions (B)(3)(f), (g), and	11897
(l) of that section.	11898

(B) The department shall annually compute supplemental	11899
targeted assistance funds to school districts, as follows:	11900

(1) Compute each district's agricultural percentage as the	11901
quotient of (a) the three-year average tax valuation of real	11902
property in the district that is classified as agricultural	11903
property divided by (b) the three-year average tax valuation of	11904
all of the real property in the district. For purposes of this	11905
computation, a district's "three-year average tax valuation" means	11906
the average of a district's tax valuation for fiscal years 2012,	11907
2013, and 2014.	11908

(2) Determine each district's agricultural targeted	11909
percentage as follows:	11910

(a) If a district's agricultural percentage is greater than	11911
or equal to 0.10, then the district's agricultural targeted	11912
percentage shall be equal to 0.40.	11913

(b) If a district's agricultural percentage is less than	11914
0.10, then the district's agricultural targeted percentage shall	11915
be equal to 4 X the district's agricultural percentage.	11916

(3) Calculate the aggregate amount to be paid as supplemental	11917
targeted assistance funds to each school district under division	11918
(A) of section 3317.022 of the Revised Code by multiplying the	11919
district's agricultural targeted percentage by the amount	11920
calculated for the district under division (A)(6) of this section.	11921

Sec. 3317.036. (A) The superintendent of each city, local,	11922
and exempted village school district shall report to the state	11923
board of education as of the last day of October, March, and June	11924
of each year the enrollment under section 3317.23 of the Revised	11925
Code, on a full-time equivalency basis, of individuals who are at	11926
least twenty-two years of age. This report shall be in addition to	11927
the district's report of the enrollment of students entitled to	11928
attend school in the district under section 3313.64 or 3313.65 of	11929
the Revised Code that is required under section 3317.03 of the	11930
Revised Code.	11931

(B) The superintendent of each joint vocational school	11932
district shall report and certify to the superintendent of public	11933
instruction as of the last day of October, March, and June of each	11934
year the enrollment of individuals receiving services from the	11935
district on a full-time equivalency basis under section 3317.24 of	11936
the Revised Code. This report shall be in addition to the	11937
district's report of the enrollment of students that is required	11938
under section 3317.03 of the Revised Code.	11939

Sec. 3317.23. (A) For purposes of this section, an "eligible	11940
individual" is an individual who satisfies both of the following	11941
criteria:	11942

(1) The individual is at least twenty-two years of age.

11943

(2) The individual has not been awarded a high school diploma	11944
or a certificate of high school equivalence as defined in section	11945
4109.06 of the Revised Code.	11946

(B) An eligible individual may enroll in a city, local, or	11947
exempted village school district that operates a dropout	11948
prevention and recovery program for up to two cumulative school	11949
years for the purpose of earning a high school diploma. An	11950
individual enrolled under this division may elect to satisfy the	11951
requirements to earn a high school diploma by successfully	11952
completing a competency-based instructional program that complies	11953
with the standards adopted by the state board of education under	11954
section 3317.231 of the Revised Code. The district shall report	11955
that individual's enrollment on a full-time equivalency basis	11956
under division (A) of section 3317.036 of the Revised Code and	11957
shall not report that individual's enrollment under section	11958
3317.03 of the Revised Code. An individual enrolled under this	11959
division shall not be assigned to classes or settings with	11960
students who are younger than eighteen years of age.	11961

(C)(1) For each district that enrolls individuals under	11962
division (B) of this section, the department of education annually	11963
shall certify the enrollment and attendance, on a full-time	11964
equivalency basis, of each individual reported by the district	11965
under division (A) of section 3317.036 of the Revised Code.	11966

(2) For each individual enrolled in a district under division	11967
(B) of this section, the department annually shall pay to the	11968
district an amount equal to the following:	11969

$5,000 X the individual's enrollment on a full-time equivalency	11970
basis as certified under division (C)(1) of this section X the	11971
portion of the school year in which the individual is enrolled in	11972
the district expressed as a percentage	11973

(D) A district that enrolls individuals under division (B) of	11974
this section shall be subject to the program administration	11975
standards adopted by the state board under section 3317.231 of the	11976
Revised Code, as applicable.	11977

Sec. 3317.231. Not later than December 31, 2014, the state	11978
board of education shall adopt rules regarding the administration	11979
of programs that enroll individuals who are at least twenty-two	11980
years of age under sections 3314.38, 3317.23, 3317.24, and 3345.86	11981
of the Revised Code, including data collection, the reporting and	11982
certification of enrollment in the programs, the measurement of	11983
the academic performance of individuals enrolled in the programs,	11984
and the standards for competency-based instructional programs.	11985

Sec. 3317.24. (A) For purposes of this section, an "eligible	11986
individual" has the same meaning as in section 3317.23 of the	11987
Revised Code.	11988

(B) An eligible individual may enroll in a joint vocational	11989
school district that operates an adult education program for up to	11990
two cumulative school years for the purpose of completing the	11991
requirements to earn a high school diploma. An individual enrolled	11992
under this division may elect to satisfy these requirements by	11993
successfully completing a competency-based instructional program	11994
that complies with the standards adopted by the state board of	11995
education under section 3317.231 of the Revised Code. The district	11996
shall report an individual's enrollment under this division on a	11997
full-time equivalency basis under division (B) of section 3317.036	11998
of the Revised Code and shall not report that individual's	11999
enrollment under section 3317.03 of the Revised Code. An	12000
individual enrolled under this division shall not be assigned to	12001
classes or settings with students who are younger than eighteen	12002
years of age.	12003

(C)(1) For each joint vocational school district that enrolls	12004
individuals under division (B) of this section, the department of	12005
education annually shall certify the enrollment and attendance, on	12006
a full-time equivalency basis, of each individual reported by the	12007
district under division (B) of section 3317.036 of the Revised	12008
Code.	12009

(2) For each individual enrolled in a joint vocational school	12010
district under division (B) of this section, the department	12011
annually shall pay to the district an amount equal to the	12012
following:	12013

$5,000 X the individual's enrollment on a full-time equivalency	12014
basis as certified under division (C)(1) of this section X the	12015
portion of the school year in which the individual is enrolled in	12016
the district expressed as a percentage	12017

(D) If an individual enrolled in a joint vocational school	12018
district under division (B) of this section completes the	12019
requirements to earn a high school diploma, the joint vocational	12020
school district shall certify the completion of those requirements	12021
to the city, local, or exempted village school district in which	12022
the individual resides. Upon receiving certification under this	12023
division, the city, local, or exempted village school district in	12024
which the individual resides shall issue a high school diploma to	12025
the individual.	12026

(E) A joint vocational school district that enrolls	12027
individuals under division (B) of this section shall be subject to	12028
the program administration standards adopted by the state board	12029
under section 3317.231 of the Revised Code, as applicable.	12030

Sec. 3318.36. (A)(1) As used in this section:

12031

(a) "Ohio school facilities commission," "classroom	12032
facilities," "school district," "school district board," "net	12033
bonded indebtedness," "required percentage of the basic project	12034
costs," "basic project cost," "valuation," and "percentile" have	12035
the same meanings as in section 3318.01 of the Revised Code.	12036

(b) "Required level of indebtedness" means five per cent of	12037
the school district's valuation for the year preceding the year in	12038
which the commission and school district enter into an agreement	12039
under division (B) of this section, plus [two one-hundredths of	12040
one per cent multiplied by (the percentile in which the district	12041
ranks minus one)].	12042

(c) "Local resources" means any moneys generated in any	12043
manner permitted for a school district board to raise the school	12044
district portion of a project undertaken with assistance under	12045
sections 3318.01 to 3318.20 of the Revised Code.	12046

(d) "Tangible personal property phase-out impacted district"	12047
means a school district for which the taxable value of its	12048
tangible personal property certified under division (A)(2) of	12049
section 3317.021 of the Revised Code for tax year 2005, excluding	12050
the taxable value of public utility personal property, made up	12051
eighteen per cent or more of its total taxable value for tax year	12052
2005 as certified under that section.	12053

(2) For purposes of determining the required level of	12054
indebtedness, the required percentage of the basic project costs	12055
under division (C)(1) of this section, and priority for assistance	12056
under sections 3318.01 to 3318.20 of the Revised Code, the	12057
percentile ranking of a school district with which the commission	12058
has entered into an agreement under this section between the first	12059
day of July and the thirty-first day of August in each fiscal year	12060
is the percentile ranking calculated for that district for the	12061
immediately preceding fiscal year, and the percentile ranking of a	12062
school district with which the commission has entered into such	12063
agreement between the first day of September and the thirtieth day	12064
of June in each fiscal year is the percentile ranking calculated	12065
for that district for the current fiscal year. However, in the	12066
case of a tangible personal property phase-out impacted district,	12067
the district's priority for assistance under sections 3318.01 to	12068
3318.20 of the Revised Code and its portion of the basic project	12069
cost under those sections shall be determined in the manner	12070
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	12071
this section.	12072

(B)(1) There is hereby established the school building	12073
assistance expedited local partnership program. Under the program,	12074
the Ohio school facilities commission may enter into an agreement	12075
with the board of any school district under which the board may	12076
proceed with the new construction or major repairs of a part of	12077
the district's classroom facilities needs, as determined under	12078
sections 3318.01 to 3318.20 of the Revised Code, through the	12079
expenditure of local resources prior to the school district's	12080
eligibility for state assistance under those sections, and may	12081
apply that expenditure toward meeting the school district's	12082
portion of the basic project cost of the total of the district's	12083
classroom facilities needs, as recalculated under division (E) of	12084
this section, when the district becomes eligible for state	12085
assistance under sections 3318.01 to 3318.20 or section 3318.364	12086
of the Revised Code. Any school district that is reasonably	12087
expected to receive assistance under sections 3318.01 to 3318.20	12088
of the Revised Code within two fiscal years from the date the	12089
school district adopts its resolution under division (B) of this	12090
section shall not be eligible to participate in the program	12091
established under this section.	12092

(2) To participate in the program, a school district board	12093
shall first adopt a resolution certifying to the commission the	12094
board's intent to participate in the program.	12095

The resolution shall specify the approximate date that the	12096
board intends to seek elector approval of any bond or tax measures	12097
or to apply other local resources to use to pay the cost of	12098
classroom facilities to be constructed under this section. The	12099
resolution may specify the application of local resources or	12100
elector-approved bond or tax measures after the resolution is	12101
adopted by the board, and in such case the board may proceed with	12102
a discrete portion of its project under this section as soon as	12103
the commission and the controlling board have approved the basic	12104
project cost of the district's classroom facilities needs as	12105
specified in division (D) of this section. The board shall submit	12106
its resolution to the commission not later than ten days after the	12107
date the resolution is adopted by the board.	12108

The commission shall not consider any resolution that is	12109
submitted pursuant to division (B)(2) of this section, as amended	12110
by this amendment, sooner than September 14, 2000.	12111

(3) For purposes of determining when a district that enters	12112
into an agreement under this section becomes eligible for	12113
assistance under sections 3318.01 to 3318.20 of the Revised Code	12114
or priority for assistance under section 3318.364 of the Revised	12115
Code, the commission shall use one of the following as applicable:	12116

(a) Except for a tangible personal property phase-out	12117
impacted district, the district's percentile ranking determined at	12118
the time the district entered into the agreement under this	12119
section, as prescribed by division (A)(2) of this section;	12120

(b) For a tangible personal property phase-out impacted	12121
district, the lesser of (i) the district's percentile ranking	12122
determined at the time the district entered into the agreement	12123
under this section, as prescribed by division (A)(2) of this	12124
section, or (ii) the district's current percentile ranking under	12125
section 3318.011 of the Revised Code.	12126

(4) Any project under this section shall comply with section	12127
3318.03 of the Revised Code and with any specifications for plans	12128
and materials for classroom facilities adopted by the commission	12129
under section 3318.04 of the Revised Code.	12130

(5) If a school district that enters into an agreement under	12131
this section has not begun a project applying local resources as	12132
provided for under that agreement at the time the district is	12133
notified by the commission that it is eligible to receive state	12134
assistance under sections 3318.01 to 3318.20 of the Revised Code,	12135
all assessment and agreement documents entered into under this	12136
section are void.	12137

(6) Only construction of or repairs to classroom facilities	12138
that have been approved by the commission and have been therefore	12139
included as part of a district's basic project cost qualify for	12140
application of local resources under this section.	12141

(C) Based on the results of on-site visits and assessment,	12142
the commission shall determine the basic project cost of the	12143
school district's classroom facilities needs. The commission shall	12144
determine the school district's portion of such basic project	12145
cost, which shall be the greater of:	12146

(1) The required percentage of the basic project costs,	12147
determined based on the school district's percentile ranking;	12148

(2) An amount necessary to raise the school district's net	12149
bonded indebtedness, as of the fiscal year the commission and the	12150
school district enter into the agreement under division (B) of	12151
this section, to within five thousand dollars of the required	12152
level of indebtedness.	12153

(D)(1) When the commission determines the basic project cost	12154
of the classroom facilities needs of a school district and the	12155
school district's portion of that basic project cost under	12156
division (C) of this section, the project shall be conditionally	12157
approved. Such conditional approval shall be submitted to the	12158
controlling board for approval thereof. The controlling board	12159
shall forthwith approve or reject the commission's determination,	12160
conditional approval, and the amount of the state's portion of the	12161
basic project cost; however, no state funds shall be encumbered	12162
under this section. Upon approval by the controlling board, the	12163
school district board may identify a discrete part of its	12164
classroom facilities needs, which shall include only new	12165
construction of or additions or major repairs to a particular	12166
building, to address with local resources. Upon identifying a part	12167
of the school district's basic project cost to address with local	12168
resources, the school district board may allocate any available	12169
school district moneys to pay the cost of that identified part,	12170
including the proceeds of an issuance of bonds if approved by the	12171
electors of the school district.	12172

All local resources utilized under this division shall first	12173
be deposited in the project construction account required under	12174
section 3318.08 of the Revised Code.	12175

(2) Unless the school district board exercises its option	12176
under division (D)(3) of this section, for a school district to	12177
qualify for participation in the program authorized under this	12178
section, one of the following conditions shall be satisfied:	12179

(a) The electors of the school district by a majority vote	12180
shall approve the levy of taxes outside the ten-mill limitation	12181
for a period of twenty-three years at the rate of not less than	12182
one-half mill for each dollar of valuation to be used to pay the	12183
cost of maintaining the classroom facilities included in the basic	12184
project cost as determined by the commission. The form of the	12185
ballot to be used to submit the question whether to approve the	12186
tax required under this division to the electors of the school	12187
district shall be the form for an additional levy of taxes	12188
prescribed in section 3318.361 of the Revised Code, which may be	12189
combined in a single ballot question with the questions prescribed	12190
under section 5705.218 of the Revised Code.	12191

(b) As authorized under division (C) of section 3318.05 of	12192
the Revised Code, the school district board shall earmark from the	12193
proceeds of a permanent improvement tax levied under section	12194
5705.21 of the Revised Code, an amount equivalent to the	12195
additional tax otherwise required under division (D)(2)(a) of this	12196
section for the maintenance of the classroom facilities included	12197
in the basic project cost as determined by the commission.	12198

(c) As authorized under section 3318.051 of the Revised Code,	12199
the school district board shall, if approved by the commission,	12200
annually transfer into the maintenance fund required under section	12201
3318.05 of the Revised Code the amount prescribed in section	12202
3318.051 of the Revised Code in lieu of the tax otherwise required	12203
under division (D)(2)(a) of this section for the maintenance of	12204
the classroom facilities included in the basic project cost as	12205
determined by the commission.	12206

(d) If the school district board has rescinded the agreement	12207
to make transfers under section 3318.051 of the Revised Code, as	12208
provided under division (F) of that section, the electors of the	12209
school district, in accordance with section 3318.063 of the	12210
Revised Code, first shall approve the levy of taxes outside the	12211
ten-mill limitation for the period specified in that section at a	12212
rate of not less than one-half mill for each dollar of valuation.	12213

(e) The school district board shall apply the proceeds of a	12214
tax to leverage bonds as authorized under section 3318.052 of the	12215
Revised Code or dedicate a local donated contribution in the	12216
manner described in division (B) of section 3318.084 of the	12217
Revised Code in an amount equivalent to the additional tax	12218
otherwise required under division (D)(2)(a) of this section for	12219
the maintenance of the classroom facilities included in the basic	12220
project cost as determined by the commission.	12221

(3) A school district board may opt to delay taking any of	12222
the actions described in division (D)(2) of this section until the	12223
school district becomes eligible for state assistance under	12224
sections 3318.01 to 3318.20 of the Revised Code. In order to	12225
exercise this option, the board shall certify to the commission a	12226
resolution indicating the board's intent to do so prior to	12227
entering into an agreement under division (B) of this section.	12228

(4) If pursuant to division (D)(3) of this section a district	12229
board opts to delay levying an additional tax until the district	12230
becomes eligible for state assistance, it shall submit the	12231
question of levying that tax to the district electors as follows:	12232

(a) In accordance with section 3318.06 of the Revised Code if	12233
it will also be necessary pursuant to division (E) of this section	12234
to submit a proposal for approval of a bond issue;	12235

(b) In accordance with section 3318.361 of the Revised Code	12236
if it is not necessary to also submit a proposal for approval of a	12237
bond issue pursuant to division (E) of this section.	12238

(5) No state assistance under sections 3318.01 to 3318.20 of	12239
the Revised Code shall be released until a school district board	12240
that adopts and certifies a resolution under division (D) of this	12241
section also demonstrates to the satisfaction of the commission	12242
compliance with the provisions of division (D)(2) of this section.	12243

Any amount required for maintenance under division (D)(2) of	12244
this section shall be deposited into a separate fund as specified	12245
in division (B) of section 3318.05 of the Revised Code.	12246

(E)(1) If the school district becomes eligible for state	12247
assistance under sections 3318.01 to 3318.20 of the Revised Code	12248
based on its percentile ranking under division (B)(3) of this	12249
section or is offered assistance under section 3318.364 of the	12250
Revised Code, the commission shall conduct a new assessment of the	12251
school district's classroom facilities needs and shall recalculate	12252
the basic project cost based on this new assessment. The basic	12253
project cost recalculated under this division shall include the	12254
amount of expenditures made by the school district board under	12255
division (D)(1) of this section. The commission shall then	12256
recalculate the school district's portion of the new basic project	12257
cost, which shall be one of the following as applicable:	12258

(a) Except for a tangible personal property phase-out	12259
impacted district, the percentage of the original basic project	12260
cost assigned to the school district as its portion under division	12261
(C) of this section;	12262

(b) For a tangible personal property phase-out impacted	12263
district, the lesser of (i) the percentage of the original basic	12264
project cost assigned to the school district as its portion under	12265
division (C) of this section, or (ii) the percentage of the new	12266
basic project cost determined under section 3318.032 of the	12267
Revised Code using the district's current percentile ranking under	12268
section 3318.011 of the Revised Code. ~~The~~	12269

The commission shall deduct the expenditure of school	12270
district moneys made under division (D)(1) of this section from	12271
the school district's portion of the basic project cost as	12272
recalculated under this division. If the amount of school district	12273
resources applied by the school district board to the school	12274
district's portion of the basic project cost under this section is	12275
less than the total amount of such portion as recalculated under	12276
this division, the school district board by a majority vote of all	12277
of its members shall, if it desires to seek state assistance under	12278
sections 3318.01 to 3318.20 of the Revised Code, adopt a	12279
resolution as specified in section 3318.06 of the Revised Code to	12280
submit to the electors of the school district the question of	12281
approval of a bond issue in order to pay any additional amount of	12282
school district portion required for state assistance. Any tax	12283
levy approved under division (D) of this section satisfies the	12284
requirements to levy the additional tax under section 3318.06 of	12285
the Revised Code.	12286

(2) If the amount of school district resources applied by the	12287
school district board to the school district's portion of the	12288
basic project cost under this section is more than the total	12289
amount of such portion as recalculated under ~~this~~ division (E)(1)	12290
of this section, within one year after the school district's	12291
portion is so recalculated ~~under division (E)(1) of this section~~	12292
the commission may grant to the school district the difference	12293
between the two calculated portions, but at no time shall the	12294
commission expend any state funds on a project in an amount	12295
greater than the state's portion of the basic project cost as	12296
recalculated under ~~this~~ division (E)(1) of this section.	12297

Any reimbursement under this division shall be only for local	12298
resources the school district has applied toward construction cost	12299
expenditures for the classroom facilities approved by the	12300
commission, which shall not include any financing costs associated	12301
with that construction.	12302

The school district board shall use any moneys reimbursed to	12303
the district under this division to pay off any debt service the	12304
district owes for classroom facilities constructed under its	12305
project under this section before such moneys are applied to any	12306
other purpose. However, the district board first may deposit	12307
moneys reimbursed under this division into the district's general	12308
fund or a permanent improvement fund to replace local resources	12309
the district withdrew from those funds, as long as, and to the	12310
extent that, those local resources were used by the district for	12311
constructing classroom facilities included in the district's basic	12312
project cost.	12313

(3) A tangible personal property phase-out impacted district	12314
shall receive credit under division (E) of this section for the	12315
expenditure of local resources pursuant to any prior agreement	12316
authorized by this section, notwithstanding any recalculation of	12317
its average taxable value.	12318

Sec. 3326.29. A STEM school established under this chapter	12319
may submit to the superintendent of public administration a	12320
request for a waiver from administering the state achievement	12321
assessments required under sections 3301.0710 and 3301.0712 of the	12322
Revised Code and related requirements specified under division	12323
(C)(2) of section 3302.15 of the Revised Code in the manner	12324
prescribed by that section as if it were a school district. A STEM	12325
school that obtains a waiver under section 3302.15 of the Revised	12326
Code shall comply with all provisions of that section as if it	12327
were a school district. A STEM school is presumptively eligible to	12328
request such a waiver.	12329

Sec. 3345.56. Notwithstanding any provision of the Revised	12330
Code to the contrary, a student attending a state university as	12331
defined in section 3345.011 of the Revised Code is not an employee	12332
of the state university based upon the student's participation in	12333
an athletic program offered by the state university.	12334

Sec. 3345.86. (A) As used in this section, an "eligible	12335
institution" means a community college established under Chapter	12336
3354. of the Revised Code, a university branch established under	12337
Chapter 3355. of the Revised Code, a technical college established	12338
under Chapter 3357. of the Revised Code, or a state community	12339
college established under Chapter 3358. of the Revised Code.	12340

(B) An individual who is at least twenty-two years of age and	12341
who is an eligible individual as defined in section 3317.23 of the	12342
Revised Code may enroll in an eligible institution for up to two	12343
cumulative school years for the purpose of completing the	12344
requirements to earn a high school diploma. An individual enrolled	12345
under this division may elect to satisfy these requirements by	12346
successfully completing a competency-based instructional program	12347
that complies with the standards adopted by the state board of	12348
education under section 3317.231 of the Revised Code.	12349

The eligible institution in which the individual enrolls	12350
shall report that individual's enrollment on a full-time	12351
equivalency basis to the department of education.	12352

(C)(1) For each eligible institution that enrolls individuals	12353
under division (B) of this section, the department annually shall	12354
certify the enrollment and attendance, on a full-time equivalency	12355
basis, of each individual reported by the institution under that	12356
division.	12357

(2) For each individual enrolled in an eligible institution	12358
under division (B) of this section, the department annually shall	12359
pay to the institution an amount equal to the following:	12360

$5,000 X the individual's enrollment on a full-time	12361
equivalency basis as certified under division (C)(1) of this	12362
section X the portion of the school year in which the individual	12363
is enrolled in the institution expressed as a percentage	12364

(D) If an individual enrolled in an eligible institution	12365
under division (B) of this section completes the requirements to	12366
earn a high school diploma, the institution shall certify the	12367
completion of those requirements to the city, local, or exempted	12368
village school district in which the individual resides. Upon	12369
receiving certification under this division, the city, local, or	12370
exempted village school district in which the individual resides	12371
shall issue a high school diploma to the individual.	12372

(E) An eligible institution that enrolls individuals under	12373
division (B) of this section shall be subject to the program	12374
administration standards adopted by the state board under section	12375
3317.231 of the Revised Code, as applicable.	12376

Sec. 3358.03. The government of a state community college	12377
district is vested in a board of nine trustees who shall be	12378
appointed by the governor~~, from within the district,~~ with the	12379
advice and consent of the senate. Within ninety days after a state	12380
community college district is created pursuant to section 3358.02	12381
of the Revised Code, the governor shall make initial appointments	12382
to the board. Of these appointments three shall be for terms	12383
ending two years after the date upon which the district was	12384
created, three shall be for terms ending four years after that	12385
date, and three shall be for terms ending six years after that	12386
date. Thereafter, the successive terms of trustees shall be for	12387
six years, each term ending on the same day of the same month of	12388
the year as did the term which it ~~suceeds~~succeeds. Each trustee	12389
shall hold office from the date of ~~his~~ appointment until the end	12390
of the term for which hethe trustee was appointed. Any trustee	12391
appointed to fill a vacancy occurring prior to the expiration of	12392
the term for which ~~his~~the trustee's predecessor was appointed	12393
shall hold office for the remainder of such term. Any trustee	12394
shall continue in office subsequent to the expiration date of ~~his~~	12395
the trustee's term until ~~his~~the trustee's successor takes office,	12396
or until a period of sixty days has elapsed, whichever occurs	12397
first. Where a state community ~~collge~~college district succeeds to	12398
the operations of a state general and technical college, or a	12399
technical college district, the initial board of trustees of the	12400
district shall be composed of the members of the board of trustees	12401
of the state general and technical college, or a technical college	12402
district, to serve for the balance of their existing terms, and	12403
such additional number appointed by the governor, with the advice	12404
and consent of the senate, as will total nine members; and the	12405
terms of such members appointed by the governor originally and to	12406
all succeeding terms shall be such that, in combination with the	12407
original remaining terms of the members from the technical college	12408
district, the eventual result will be that three terms will expire	12409
every second year. Appointees shall be qualified electors ~~residing~~	12410
~~in the state community college district~~of the state. The trustees	12411
shall receive no compensation for their services, but may be paid	12412
for their reasonably necessary expenses while engaged in the	12413
discharge of their official duties. A majority of the board	12414
constitutes a quorum.	12415

Sec. 3517.20. (A)~~(1)~~ As used in this section:

12416

~~(a)~~(1) "Political publication for or against a candidate"	12417
means a notice, placard, advertisement, sample ballot, brochure,	12418
flyer, direct mailer, or other form of general publication that is	12419
designed to promote the nomination, election, or defeat of a	12420
candidate.	12421

~~(b)~~(2) "Political publication for or against an issue" means	12422
a notice, placard, advertisement, sample ballot, brochure, flyer,	12423
direct mailer, or other form of general publication that is	12424
designed to promote the adoption or defeat of a ballot issue or	12425
question or to influence the voters in an election.	12426

~~(c)~~(3) "Public political advertising" means newspapers,	12427
magazines, outdoor advertising facilities, direct mailings, or	12428
other similar types of general public political advertising, or	12429
flyers, handbills, or other nonperiodical printed matter.	12430

~~(d)~~(4) "Statewide candidate" has the same meaning as in	12431
section 3517.102 of the Revised Code.	12432

~~(e)~~(5) "Legislative candidate" means a candidate for the	12433
office of member of the general assembly.	12434

~~(f)~~(6) "Local candidate" means a candidate for an elective	12435
office of a political subdivision of this state.	12436

~~(g)~~(7) "Legislative campaign fund" has the same meaning as in	12437
section 3517.01 of the Revised Code.	12438

~~(h)~~(8) "Limited political action committee" means a political	12439
action committee of fewer than ten members.	12440

~~(i)~~(9) "Limited political contributing entity" means a	12441
political contributing entity of fewer than ten members.	12442

~~(j)~~(10) "Designated amount" means one hundred dollars in the	12443
case of a local candidate or a local ballot issue, two hundred	12444
fifty dollars in the case of a legislative candidate, or five	12445
hundred dollars in the case of a statewide candidate or a	12446
statewide ballot issue.	12447

~~(k)~~(11) "To issue" includes to print, post, distribute,	12448
reproduce for distribution, or cause to be issued, printed,	12449
posted, distributed, or reproduced for distribution.	12450

~~(l)~~(12) "Telephone bank" means more than five hundred	12451
telephone calls of an identical or substantially similar nature	12452
within any thirty-day period, whether those telephone calls are	12453
made by individual callers or by recording.	12454

~~(2)(a) No political party or other~~(B)(1) Except as otherwise	12455
provided in division (B)(2) of this section, no entity~~, except a~~	12456
~~political action committee, a political contributing entity, a~~	12457
~~candidate, a legislative campaign fund, or a campaign committee,~~	12458
shall ~~issue a form of political publication for or against a~~	12459
~~candidate, or shall make an expenditure for the purpose of~~	12460
~~financing political communications in support of or opposition to~~	12461
~~a candidate through public political advertising,~~do any of the	12462
following unless the name ~~and residence or business address~~ of the	12463
~~candidate or the chairperson, treasurer, or secretary of the~~	12464
~~legislative campaign fund, political party, or other~~ entity ~~that~~	12465
~~issues or otherwise is responsible for that political publication~~	12466
~~or that makes an expenditure for that political communication~~	12467
appears in a conspicuous place on ~~that political publication~~ or is	12468
contained or included within ~~that political communication~~the	12469
publication, communication, or telephone call:	12470

(a) Issue a form of political publication in support of or	12471
opposition to a candidate or a ballot issue or question;	12472

(b) Make an expenditure for the purpose of financing	12473
political communications in support of or opposition to a	12474
candidate or a ballot issue or question through public political	12475
advertising;	12476

(c) Utter or cause to be uttered, over the broadcasting	12477
facilities of any radio or television station within this state,	12478
any communication in support of or opposition to a candidate or a	12479
ballot issue or question or any communication that is designed to	12480
influence the voters in an election;	12481

(d) Conduct a telephone bank for the purpose of supporting or	12482
opposing a candidate or a ballot issue or question or for the	12483
purpose of influencing the voters in an election.	12484

~~(b) No candidate, legislative campaign fund, or campaign~~	12485
~~committee shall issue a form of political publication for or~~	12486
~~against a candidate, or shall make an expenditure for the purpose~~	12487
~~of financing political communications in support of or opposition~~	12488
~~to a candidate through public political advertising, unless the~~	12489
~~name of the entity appears in a conspicuous place on that~~	12490
~~political publication or is contained within that political~~	12491
~~communication.~~	12492

~~(3) No~~(2) A limited political action committee or limited	12493
political contributing entity ~~shall~~may do ~~either~~any of the	12494
following ~~unless the~~without including its name ~~and residence or~~	12495
~~business address of the chairperson, treasurer, or secretary of~~	12496
~~the limited political action committee or limited political~~	12497
~~contributing entity involved appears in a conspicuous place~~ in the	12498
~~political publication for or against a candidate described in~~	12499
~~division (A)(3)(a) of this section or is contained within the~~	12500
~~political~~publication or communication ~~described in division~~	12501
~~(A)(3)(b) of this section~~:	12502

(a) Issue a form of political publication ~~for or against~~in	12503
support of or opposition to a candidate or a ballot issue or	12504
question that ~~costs~~does not cost in excess of the designated	12505
amount or that is not issued in cooperation, consultation, or	12506
concert with, or at the request or suggestion of, a candidate, a	12507
campaign committee, a legislative campaign fund, a political	12508
party, a political action committee with ten or more members, a	12509
political contributing entity with ten or more members, or a	12510
limited political action committee or limited political	12511
contributing entity that spends in excess of the designated amount	12512
on a related or the same or similar political publication ~~for or~~	12513
~~against~~in support of or opposition to a candidate or a ballot	12514
issue or question;	12515

(b) Make an expenditure that is not in excess of the	12516
designated amount in support of or opposition to a candidate or a	12517
ballot issue or question or make an expenditure that is not made	12518
in cooperation, consultation, or concert with, or at the request	12519
or suggestion of, a candidate, a campaign committee, a legislative	12520
campaign fund, a political party, a political action committee	12521
with ten or more members, a political contributing entity with ten	12522
or more members, or a limited political action committee or	12523
limited political contributing entity that spends in excess of the	12524
designated amount in support of or opposition to the same	12525
candidate or a ballot issue or question, for the purpose of	12526
financing political communications in support of or opposition to	12527
that candidate or a ballot issue or question through public	12528
political advertising.	12529

~~(4) No political action committee with ten or more members~~	12530
~~and no political contributing entity with ten or more members~~	12531
~~shall issue a form of political publication for or against a~~	12532
~~candidate, or shall make an expenditure for the purpose of~~	12533
~~financing political communications in support of or opposition to~~	12534
~~a candidate through public political advertising, unless the name~~	12535
~~and residence or business address of the chairperson, treasurer,~~	12536
~~or secretary of the political action committee or political~~	12537
~~contributing entity that issues or otherwise is responsible for~~	12538
~~that political publication or that makes an expenditure for that~~	12539
~~political communication through public political advertising~~	12540
~~appears in a conspicuous place in that political publication or is~~	12541
~~contained within that political communication.~~	12542

~~(5)(a) No corporation, labor organization, political party,~~	12543
~~or other entity, except a political action committee, a~~	12544
~~legislative campaign fund, or a campaign committee, shall issue a~~	12545
~~form of political publication for or against an issue, or shall~~	12546
~~make an expenditure for the purpose of financing political~~	12547
~~communications in support of or opposition to a ballot issue or~~	12548
~~question through public political advertising, unless the name and~~	12549
~~residence or business address of the chairperson, treasurer, or~~	12550
~~secretary of the corporation, labor organization, political party,~~	12551
~~or other entity that issues or otherwise is responsible for that~~	12552
~~political publication or that makes an expenditure for that~~	12553
~~political communication through public political advertising~~	12554
~~appears in a conspicuous place in that political publication or is~~	12555
~~contained within that political communication.~~	12556

~~(b) No campaign committee or legislative campaign fund shall~~	12557
~~issue a form of political publication for or against an issue, or~~	12558
~~shall make an expenditure for the purpose of financing political~~	12559
~~communications in support of or opposition to a ballot issue or~~	12560
~~question through public political advertising, unless the name of~~	12561
~~the campaign committee or legislative campaign fund appears in a~~	12562
~~conspicuous place in that political publication or is contained~~	12563
~~within that political communication.~~	12564

~~(6) No limited political action committee shall do either of~~	12565
~~the following unless the name and residence or business address of~~	12566
~~the chairperson, treasurer, or secretary of the limited political~~	12567
~~action committee involved appears in a conspicuous place in the~~	12568
~~political publication for or against a ballot issue described in~~	12569
~~division (A)(6)(a) of this section or is contained within the~~	12570
~~political communication described in division (A)(6)(b) of this~~	12571
~~section:~~	12572

~~(a) Issue a form of political publication for or against a~~	12573
~~ballot issue that costs in excess of the designated amount or that~~	12574
~~is issued in cooperation, consultation, or concert with, or at the~~	12575
~~request or suggestion of, a candidate, a campaign committee, a~~	12576
~~legislative campaign fund, a political party, a political action~~	12577
~~committee with ten or more members, or a limited political action~~	12578
~~committee that spends in excess of the designated amount for a~~	12579
~~related or the same or similar political publication for or~~	12580
~~against an issue;~~	12581

~~(b) Make an expenditure in excess of the designated amount in~~	12582
~~support of or opposition to a ballot issue or make an expenditure~~	12583
~~in cooperation, consultation, or concert with, or at the request~~	12584
~~or suggestion of, a candidate, a campaign committee, a legislative~~	12585
~~campaign fund, a political party, a political action committee~~	12586
~~with ten or more members, or a limited political action committee~~	12587
~~that spends in excess of the designated amount in support of or~~	12588
~~opposition to the same ballot issue, for the purpose of financing~~	12589
~~political communications in support of or opposition to that~~	12590
~~ballot issue through public political advertising.~~	12591

~~(7) No political action committee with ten or more members~~	12592
~~shall issue a form of political publication for or against an~~	12593
~~issue, or shall make an expenditure for the purpose of financing~~	12594
~~political communications in support of or opposition to a ballot~~	12595
~~issue or question through public political advertising, unless the~~	12596
~~name and residence or business address of the chairperson,~~	12597
~~treasurer, or secretary of the political action committee that~~	12598
~~issues or otherwise is responsible for that political publication~~	12599
~~or that makes an expenditure for that political communication~~	12600
~~appears in a conspicuous place in that political publication or is~~	12601
~~contained within that political communication.~~	12602

~~(8) The disclaimer "paid political advertisement" is not~~	12603
~~sufficient to meet the requirements of this section.~~	12604

~~(9) If the political publication described in division (A) of~~	12605
~~this section is issued by the regularly constituted central or~~	12606
~~executive committee of a political party that is organized as~~	12607
~~provided in this chapter, it shall be sufficiently identified if~~	12608
~~it bears the name of the committee and its chairperson or~~	12609
~~treasurer.~~	12610

~~(10)~~(C) If more than one piece of printed matter or printed	12611
political communications are mailed as a single packet, the	12612
requirements of division ~~(A)~~(B) of this section are met if one of	12613
the pieces of printed matter or printed political communications	12614
in the packet contains the name ~~and residence or business address~~	12615
~~of the chairperson, treasurer, or secretary~~ of the organization or	12616
entity that issues or is responsible for the printed matter or	12617
other printed political communications~~, except that if a campaign~~	12618
~~committee or legislative campaign fund mails more than one piece~~	12619
~~of printed matter or printed political communications as a single~~	12620
~~packet, the requirements of division (A) of this section are met~~	12621
~~if one of the pieces of printed matter or printed political~~	12622
~~communications in the packet contains the name of the campaign~~	12623
~~committee or legislative campaign fund~~.	12624

~~(11)~~(D) This section does not apply to the transmittal of	12625
personal correspondence that is not reproduced by machine for	12626
general distribution.	12627

~~(12)~~(E) The secretary of state, by rule, may exempt from the	12628
requirements of this section, printed matter and certain other	12629
kinds of printed communications such as campaign buttons,	12630
balloons, pencils, or similar items, the size or nature of which	12631
makes it unreasonable to add an identification or disclaimer.	12632

~~(13)~~(F) The disclaimer or identification described in	12633
division ~~(A)~~(B) of this section, when paid for by a candidate,	12634
legislative campaign fund, or campaign committee, shall be	12635
identified by the words "paid for by" followed by the name of the	12636
entity. The identification or disclaimer may use reasonable	12637
abbreviations for common terms such as "committee".	12638

~~(B)(1) No candidate, campaign committee, legislative campaign~~	12639
~~fund, political party, political action committee, limited~~	12640
~~political action committee, political contributing entity, limited~~	12641
~~political contributing entity, or other entity shall utter or~~	12642
~~cause to be uttered, over the broadcasting facilities of any radio~~	12643
~~or television station within this state, any communication that is~~	12644
~~designed to promote the nomination, election, or defeat of a~~	12645
~~candidate, or the adoption or defeat of an issue or to influence~~	12646
~~the voters in an election, unless the speaker identifies the~~	12647
~~speaker with the speaker's name and residence address or unless~~	12648
~~the communication identifies the chairperson, treasurer, or~~	12649
~~secretary of the organization responsible for the communication~~	12650
~~with the name and residence or business address of that officer,~~	12651
~~except that communications by radio need not broadcast the~~	12652
~~residence or business address of the officer. However, a radio~~	12653
~~station, for a period of at least six months, shall keep the~~	12654
~~residence or business address on file and divulge it to any person~~	12655
~~upon request.~~	12656

The disclaimer "paid political advertisement" is not	12657
sufficient to meet the requirements of this section.	12658

(G)(1) No person operating a broadcast station or an organ of	12659
printed media shall broadcast or print a paid political	12660
communication that does not contain the identification required by	12661
this section.	12662

(2) Division (B)(1)(c) of this section does not apply to any	12663
communications made on behalf of a radio or television station or	12664
network by any employee of such radio or television station or	12665
network while acting in the course of the employee's employment.	12666

~~(3)~~(H) No candidate or entity ~~described in division (B)(1) of~~	12667
~~this section~~ shall use or cause to be used a false, fictitious, or	12668
fraudulent name or address in the making or issuing of a	12669
publication or communication included within the provisions of	12670
this section.	12671

~~(C) No candidate, campaign committee, legislative campaign~~	12672
~~fund, political party, political action committee, limited~~	12673
~~political action committee, political contributing entity, limited~~	12674
~~political contributing entity, or other person or entity shall~~	12675
~~conduct a telephone bank for the purpose of promoting the~~	12676
~~nomination, election, or defeat of a candidate or the adoption or~~	12677
~~defeat of an issue or to influence the voters in an election,~~	12678
~~unless the call includes a disclaimer that identifies the name of~~	12679
~~the candidate, campaign committee, legislative campaign fund,~~	12680
~~political party, political action committee, limited political~~	12681
~~action committee, political contributing entity, limited political~~	12682
~~contributing entity, or other person or entity paying for the~~	12683
~~telephone bank.~~	12684

~~(D)~~(I) Before a prosecution may commence under this section,	12685
a complaint shall be filed with the Ohio elections commission	12686
under section 3517.153 of the Revised Code. After the complaint is	12687
filed, the commission shall proceed in accordance with sections	12688
3517.154 to 3517.157 of the Revised Code.	12689

Sec. 3701.132. ~~The department of health is hereby designated~~	12690
~~as the state agency to administer~~As used in this section, "WIC	12691
program" means the "special supplemental nutrition program for	12692
women, infants, and children" established under the "Child	12693
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended.	12694
~~The~~	12695

The department of health is hereby designated as the state	12696
agency to administer the WIC program. The director of health may	12697
adopt rules pursuant to Chapter 119. of the Revised Code as	12698
necessary for administering the WIC program. The rules may include	12699
civil money penalties for violations of the rules.	12700

In determining eligibility for services provided under the	12701
WIC program, the department may use the application form	12702
established under section ~~5111.013~~5163.40 of the Revised Code for	12703
the healthy start program. The department may require applicants	12704
to furnish their social security numbers.	12705

If the department determines that a vendor has committed an	12706
act with respect to the WIC program that federal statutes or	12707
regulations or state statutes or rules prohibit, the department	12708
shall take action against the vendor in the manner required by 7	12709
C.F.R. part 246, including imposition of a civil money penalty in	12710
accordance with 7 C.F.R. 246.12, or rules adopted under this	12711
section.	12712

Sec. 3701.34. (A) The Ohio public health advisory board shall	12713
review and make recommendations to the director of health on all	12714
of the following:	12715

(1) Developing and adopting proposed rules under Chapters	12716
3701 and 3717 of the Administrative Code;	12717

(2) Prescribing proposed fees for services provided by the	12718
office of vital statistics and the bureau of environmental health;	12719

(3) Any proposed policy changes that pertain to entities	12720
serving or seeking to serve as vendors under the WIC program, as	12721
defined in section 3701.132 of the Revised Code, that are not	12722
addressed pursuant to division (A)(1) of this section.	12723

(4) Issues to improve public health and increase awareness of	12724
public health issues at the state level, local level, or both;	12725

~~(4)~~(5) Any other public health issues that the director	12726
requests the board to consider.	12727

(B) ~~In making recommendations to the director under~~For	12728
purposes of division (A)(1) of this section, all of the following	12729
apply:	12730

(1) Prior to filing a proposed rule with the joint committee	12731
on agency rule review, the department of health shall provide each	12732
board member with a copy of the proposed rule, copies of public	12733
comments received by the department during the public comment	12734
period, and written evidence of stakeholder involvement.	12735

(2) Prior to board meetings, copies of proposed rules shall	12736
be provided to members. On request of a member, the department	12737
shall ensure that appropriate department employees attend board	12738
meetings to answer questions concerning proposed rules.	12739

(3)(a) Not later than sixty days after receiving a copy of a	12740
proposed rule, the board shall recommend approval or disapproval	12741
of the rule and submit its recommendation by board action to the	12742
director. In making its recommendation, the board may consider	12743
public comments provided to the department or the board.	12744

(b) If the board fails to make a recommendation within sixty	12745
days of receiving a copy of the proposed rule, the director may	12746
file the proposed rule.	12747

(4) Except as provided in division (B)(3)(b) of this section,	12748
the director shall consider the board's recommendation before	12749
filing a proposed rule. On request of the board, the director	12750
shall meet with the board to discuss the board's recommendation.	12751

(5) If the director disagrees with the board's	12752
recommendation, the director shall inform the board in writing of	12753
the director's decision and the reason for the decision prior to	12754
the next quarterly meeting. The director or the director's	12755
designee may meet with the board at the next quarterly meeting to	12756
answer questions regarding why the director disagreed with the	12757
board's recommendation.	12758

~~(C)~~(6) To the extent the board believes that a proposed rule	12759
does not comply with requirements established by the joint	12760
committee on agency rule review or the common sense initiative	12761
office, nothing in this section prohibits the board, in carrying	12762
out its duties under division (A)(1) of this section, from	12763
contacting the joint committee on agency rule review or the common	12764
sense initiative office.	12765

~~(D) In making recommendations under~~(C) For purposes of	12766
division (A)(2) of this section ~~for prescribing proposed fees for~~	12767
~~services provided by the bureau of environmental health~~, the board	12768
and the department shall develop a cost methodology, subject to	12769
approval by the director, regarding proposed fees for services	12770
provided by the department's bureau of environmental health.	12771

(D) For purposes of division (A)(3) of this section, a	12772
proposed WIC program policy change shall be treated as if it were	12773
a proposed rule subject to division (A)(1) of this section and the	12774
board and other entities involved in reviewing and making	12775
recommendations regarding the change may follow all or part of the	12776
procedures described in division (B) of this section.	12777

(E) This section does not apply to the following:

12778

(1) A proposed rule that is to be refiled with the joint	12779
committee on agency rule review solely because of technical or	12780
other nonsubstantive revisions;	12781

(2) The emergency adoption, amendment, or rescission of a	12782
rule under division (F) of section 119.03 of the Revised Code.	12783

Sec. 3701.74. (A) As used in this section and section	12784
3701.741 of the Revised Code:	12785

(1) "Ambulatory care facility" means a facility that provides	12786
medical, diagnostic, or surgical treatment to patients who do not	12787
require hospitalization, including a dialysis center, ambulatory	12788
surgical facility, cardiac catheterization facility, diagnostic	12789
imaging center, extracorporeal shock wave lithotripsy center, home	12790
health agency, inpatient hospice, birthing center, radiation	12791
therapy center, emergency facility, and an urgent care center.	12792
"Ambulatory care facility" does not include the private office of	12793
a physician or dentist, whether the office is for an individual or	12794
group practice.	12795

(2) "Chiropractor" means an individual licensed under Chapter	12796
4734. of the Revised Code to practice chiropractic.	12797

(3) "Emergency facility" means a hospital emergency	12798
department or any other facility that provides emergency medical	12799
services.	12800

(4) "Health care practitioner" means all of the following:

12801

(a) A dentist or dental hygienist licensed under Chapter	12802
4715. of the Revised Code;	12803

(b) A registered or licensed practical nurse licensed under	12804
Chapter 4723. of the Revised Code;	12805

(c) An optometrist licensed under Chapter 4725. of the	12806
Revised Code;	12807

(d) A dispensing optician, spectacle dispensing optician,	12808
contact lens dispensing optician, or spectacle-contact lens	12809
dispensing optician licensed under Chapter 4725. of the Revised	12810
Code;	12811

(e) A pharmacist licensed under Chapter 4729. of the Revised	12812
Code;	12813

(f) A physician;

12814

(g) A physician assistant authorized under Chapter 4730. of	12815
the Revised Code to practice as a physician assistant;	12816

(h) A practitioner of a limited branch of medicine issued a	12817
certificate under Chapter 4731. of the Revised Code;	12818

(i) A psychologist licensed under Chapter 4732. of the	12819
Revised Code;	12820

(j) A chiropractor;

12821

(k) A hearing aid dealer or fitter licensed under Chapter	12822
4747. of the Revised Code;	12823

(l) A speech-language pathologist or audiologist licensed	12824
under Chapter 4753. of the Revised Code;	12825

(m) An occupational therapist or occupational therapy	12826
assistant licensed under Chapter 4755. of the Revised Code;	12827

(n) A physical therapist or physical therapy assistant	12828
licensed under Chapter 4755. of the Revised Code;	12829

(o) A professional clinical counselor, professional	12830
counselor, social worker, or independent social worker licensed,	12831
or a social work assistant registered, under Chapter 4757. of the	12832
Revised Code;	12833

(p) A dietitian licensed under Chapter 4759. of the Revised	12834
Code;	12835

(q) A respiratory care professional licensed under Chapter	12836
4761. of the Revised Code;	12837

(r) An emergency medical technician-basic, emergency medical	12838
technician-intermediate, or emergency medical technician-paramedic	12839
certified under Chapter 4765. of the Revised Code.	12840

(5) "Health care provider" means a hospital, ambulatory care	12841
facility, long-term care facility, pharmacy, emergency facility,	12842
or health care practitioner.	12843

(6) "Hospital" has the same meaning as in section 3727.01 of	12844
the Revised Code.	12845

(7) "Long-term care facility" means a nursing home,	12846
residential care facility, or home for the aging, as those terms	12847
are defined in section 3721.01 of the Revised Code; a residential	12848
facility licensed under section 5119.34 of the Revised Code that	12849
provides accommodations, supervision, and personal care services	12850
for three to sixteen unrelated adults; a nursing facility, as	12851
defined in section 5165.01 of the Revised Code; a skilled nursing	12852
facility, as defined in section 5165.01 of the Revised Code; and	12853
an intermediate care facility for individuals with intellectual	12854
disabilities, as defined in section 5124.01 of the Revised Code.	12855

(8) "Medical record" means data in any form that pertains to	12856
a patient's medical history, diagnosis, prognosis, or medical	12857
condition and that is generated and maintained by a health care	12858
provider in the process of the patient's health care treatment.	12859

(9) "Medical records company" means a person who stores,	12860
locates, or copies medical records for a health care provider, or	12861
is compensated for doing so by a health care provider, and charges	12862
a fee for providing medical records to a patient or patient's	12863
representative.	12864

(10) "Patient" means either of the following:

12865

(a) An individual who received health care treatment from a	12866
health care provider;	12867

(b) A guardian, as defined in section 1337.11 of the Revised	12868
Code, of an individual described in division (A)(10)(a) of this	12869
section.	12870

(11) "Patient's personal representative" means a minor	12871
patient's parent or other person acting in loco parentis, a	12872
court-appointed guardian, or a person with durable power of	12873
attorney for health care for a patient, the executor or	12874
administrator of the patient's estate, or the person responsible	12875
for the patient's estate if it is not to be probated. "Patient's	12876
personal representative" does not include an insurer authorized	12877
under Title XXXIX of the Revised Code to do the business of	12878
sickness and accident insurance in this state, a health insuring	12879
corporation holding a certificate of authority under Chapter 1751.	12880
of the Revised Code, or any other person not named in this	12881
division.	12882

(12) "Pharmacy" has the same meaning as in section 4729.01 of	12883
the Revised Code.	12884

(13) "Physician" means a person authorized under Chapter	12885
4731. of the Revised Code to practice medicine and surgery,	12886
osteopathic medicine and surgery, or podiatric medicine and	12887
surgery.	12888

(14) "Authorized person" means a person to whom a patient has	12889
given written authorization to act on the patient's behalf	12890
regarding the patient's medical record.	12891

(B) A patient, a patient's personal representative, or an	12892
authorized person who wishes to examine or obtain a copy of part	12893
or all of a medical record shall submit to the health care	12894
provider a written request signed by the patient, personal	12895
representative, or authorized person dated not more than one year	12896
before the date on which it is submitted. The request shall	12897
indicate whether the copy is to be sent to the requestor,	12898
physician or chiropractor, or held for the requestor at the office	12899
of the health care provider. Within a reasonable time after	12900
receiving a request that meets the requirements of this division	12901
and includes sufficient information to identify the record	12902
requested, a health care provider that has the patient's medical	12903
records shall permit the patient to examine the record during	12904
regular business hours without charge or, on request, shall	12905
provide a copy of the record in accordance with section 3701.741	12906
of the Revised Code, except that if a physician or chiropractor	12907
who has treated the patient determines for clearly stated	12908
treatment reasons that disclosure of the requested record is	12909
likely to have an adverse effect on the patient, the health care	12910
provider shall provide the record to a physician or chiropractor	12911
designated by the patient. The health care provider shall take	12912
reasonable steps to establish the identity of the person making	12913
the request to examine or obtain a copy of the patient's record.	12914

(C) If a health care provider fails to furnish a medical	12915
record as required by division (B) of this section, the patient,	12916
personal representative, or authorized person who requested the	12917
record may bring a civil action to enforce the patient's right of	12918
access to the record.	12919

(D)(1) This section does not apply to medical records whose	12920
release is covered by section 173.20 or 3721.13 of the Revised	12921
Code, by Chapter 1347., 5119., or 5122. of the Revised Code, by 42	12922
C.F.R. part 2, "Confidentiality of Alcohol and Drug Abuse Patient	12923
Records," or by 42 C.F.R. 483.10.	12924

(2) Nothing in this section is intended to supersede the	12925
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	12926
and 2305.252 of the Revised Code.	12927

Sec. 3701.83. ~~(A)~~ There is hereby created in the state	12928
treasury the general operations fund. Moneys in the fund shall be	12929
used for the purposes specified in sections 3701.04, 3701.344,	12930
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022,	12931
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13,	12932
3749.04, 3749.07, 4747.04, and 4769.09 of the Revised Code.	12933

~~(B) The alcohol testing program fund is hereby created in the~~	12934
~~state treasury. The director of health shall use the fund to~~	12935
~~administer and enforce the alcohol testing and permit program~~	12936
~~authorized by section 3701.143 of the Revised Code.~~	12937

~~The fund shall receive transfers from the liquor control fund~~	12938
~~created under section 4301.12 of the Revised Code. All investment~~	12939
~~earnings of the alcohol testing program fund shall be credited to~~	12940
~~the fund.~~	12941

Sec. 3702.511. (A) Except as provided in division (B) of this	12942
section, the following activities are reviewable under sections	12943
3702.51 to 3702.62 of the Revised Code:	12944

(1) Establishment, development, or construction of a new	12945
long-term care facility;	12946

(2) Replacement of an existing long-term care facility;

12947

(3) Renovation of or addition to a long-term care facility	12948
that involves a capital expenditure of two million dollars or	12949
more, not including expenditures for equipment, staffing, or	12950
operational costs;	12951

(4) ~~Either of the following changes in long-term care bed~~	12952
~~capacity:~~	12953

~~(a)~~ An increase in long-term care bed capacity;

12954

~~(b)~~(5) A relocation of long-term care beds from one physical	12955
facility or site to another, excluding relocation of beds within a	12956
long-term care facility or among buildings of a long-term care	12957
facility at the same site.	12958

~~(5) Any change in the bed capacity or site, or any other~~	12959
~~failure to conduct a reviewable activity in substantial accordance~~	12960
~~with the approved application for which a certificate of need~~	12961
~~concerning long-term care beds was granted, if the change is made~~	12962
~~within five years after the implementation of the reviewable~~	12963
~~activity for which the certificate was granted~~;	12964

(6) Expenditure of more than one hundred ten per cent of the	12965
maximum expenditure specified in a certificate of need concerning	12966
long-term care beds.	12967

(B) The following activities are not subject to review under	12968
sections 3702.51 to 3702.62 of the Revised Code:	12969

(1) Acquisition of computer hardware or software;

12970

(2) Acquisition of a telephone system;

12971

(3) Construction or acquisition of parking facilities;

12972

(4) Correction of cited deficiencies that constitute an	12973
imminent threat to public health or safety and are in violation of	12974
federal, state, or local fire, building, or safety statutes,	12975
ordinances, rules, or regulations;	12976

(5) Acquisition of an existing long-term care facility that	12977
does not involve a change in the number of the beds;	12978

(6) Mergers, consolidations, or other corporate	12979
reorganizations of long-term care facilities that do not involve a	12980
change in the number of beds;	12981

(7) Construction, repair, or renovation of bathroom	12982
facilities;	12983

(8) Construction of laundry facilities, waste disposal	12984
facilities, dietary department projects, heating and air	12985
conditioning projects, administrative offices, and portions of	12986
medical office buildings used exclusively for physician services;	12987

(9) Removal of asbestos from a health care facility.

12988

Only that portion of a project that is described in this	12989
division is not reviewable.	12990

Sec. 3702.52. The director of health shall administer a	12991
state certificate of need program in accordance with sections	12992
3702.51 to 3702.62 of the Revised Code and rules adopted under	12993
those sections.	12994

(A) The director shall issue rulings on whether a particular	12995
proposed project is a reviewable activity. The director shall	12996
issue a ruling not later than forty-five days after receiving a	12997
request for a ruling accompanied by the information needed to make	12998
the ruling. If the director does not issue a ruling in that time,	12999
the project shall be considered to have been ruled not a	13000
reviewable activity.	13001

(B)(1) Each application for a certificate of need shall be	13002
submitted to the director on forms and in the manner prescribed by	13003
the director. Each application shall include a plan for obligating	13004
the capital expenditures or implementing the proposed project on a	13005
timely basis in accordance with section 3702.524 of the Revised	13006
Code. Each application shall also include all other information	13007
required by rules adopted under division (B) of section 3702.57 of	13008
the Revised Code.	13009

(2) Each application shall be accompanied by the application	13010
fee established in rules adopted under division (G) of section	13011
3702.57 of the Revised Code. Application fees received by the	13012
director under this division shall be deposited into the state	13013
treasury to the credit of the certificate of need fund, which is	13014
hereby created. The director shall use the fund only to pay the	13015
costs of administering sections 3702.11 to 3702.20, 3702.30, and	13016
3702.51 to 3702.62 of the Revised Code and rules adopted under	13017
those sections. An application fee is nonrefundable unless the	13018
director determines that the application cannot be accepted.	13019

(3) The director shall review applications for certificates	13020
of need. As part of a review, the director shall determine whether	13021
an application is complete. The director shall not consider an	13022
application to be complete unless the application meets all	13023
criteria for a complete application specified in rules adopted	13024
under section 3702.57 of the Revised Code. The director shall mail	13025
to the applicant a written notice that the application is	13026
complete, or a written request for additional information, not	13027
later than thirty days after receiving an application or a	13028
response to an earlier request for information. Except as provided	13029
in section 3702.522 of the Revised Code, the director shall not	13030
make more than two requests for additional information. The	13031
director's determination that an application is not complete is	13032
final and not subject to appeal.	13033

(4) Except as necessary to comply with a subpoena issued	13034
under division (F) of this section, after a notice of completeness	13035
has been received, no person shall make revisions to information	13036
that was submitted to the director before the director mailed the	13037
notice of completeness or knowingly discuss in person or by	13038
telephone the merits of the application with the director. A	13039
person may supplement an application after a notice of	13040
completeness has been received by submitting clarifying	13041
information to the director.	13042

(C) All of the following apply to the process of granting or	13043
denying a certificate of need:	13044

(1) If the project proposed in a certificate of need	13045
application meets all of the applicable certificate of need	13046
criteria for approval under sections 3702.51 to 3702.62 of the	13047
Revised Code and the rules adopted under those sections, the	13048
director shall grant a certificate of need for all or part of the	13049
project that is the subject of the application by the applicable	13050
deadline specified in division (C)(4) of this section or any	13051
extension of it under division (C)(5) of this section.	13052

(2) The director's grant of a certificate of need does not	13053
affect, and sets no precedent for, the director's decision to	13054
grant or deny other applications for similar reviewable	13055
activities.	13056

(3) Any affected person may submit written comments regarding	13057
an application. The director shall consider all written comments	13058
received by the ~~thirtieth~~forty-fifth day after ~~mailing the notice~~	13059
~~of completeness or, in the case of applications under comparative~~	13060
~~review, by the thirtieth day after~~the application is submitted to	13061
the director ~~mails the last notice of completeness~~.	13062

(4) Except as provided in division (C)(5) of this section,	13063
the director shall grant or deny certificate of need applications	13064
not later than sixty days after mailing the notice of	13065
completeness.	13066

(5) Except as otherwise provided in division (C)(6) of this	13067
section, the director or the applicant may extend the deadline	13068
prescribed in division (C)(4) of this section once, for no longer	13069
than thirty days, by written notice before the end of the deadline	13070
prescribed by division (C)(4) of this section. An extension by the	13071
director under division (C)(5) of this section shall apply to all	13072
applications that are in comparative review.	13073

(6) No applicant in a comparative review may extend the	13074
deadline specified in division (C)(4) of this section.	13075

(7) If the director does not grant or deny the certificate by	13076
the applicable deadline specified in division (C)(4) of this	13077
section or any extension of it under division (C)(5) of this	13078
section, the certificate shall be considered to have been granted.	13079

(8) In granting a certificate of need, the director shall	13080
specify as the maximum capital expenditure the certificate holder	13081
may obligate under the certificate a figure equal to one hundred	13082
ten per cent of the approved project cost.	13083

(9) In granting a certificate of need, the director may grant	13084
the certificate with conditions that must be met by the holder of	13085
the certificate.	13086

(D) When a certificate of need is granted for a project under	13087
which beds are to be relocated, upon completion of the project for	13088
which the certificate of need was granted a number of beds equal	13089
to the number of beds relocated shall cease to be operated in the	13090
long-term care facility from which they are relocated, except that	13091
the beds may continue to be operated for not more than fifteen	13092
days to allow relocation of residents to the facility to which the	13093
beds have been relocated. Notwithstanding section 3721.03 of the	13094
Revised Code, if the relocated beds are in a home licensed under	13095
Chapter 3721. of the Revised Code, the facility's license is	13096
automatically reduced by the number of beds relocated effective	13097
fifteen days after the beds are relocated. If the beds are in a	13098
facility that is certified as a skilled nursing facility or	13099
nursing facility under Title XVIII or XIX of the "Social Security	13100
Act," the certification for the beds shall be surrendered. If the	13101
beds are registered under section 3701.07 of the Revised Code as	13102
skilled nursing beds or long-term care beds, the director shall	13103
remove the beds from registration not later than fifteen days	13104
after the beds are relocated.	13105

(E) ~~The director shall monitor the activities of persons~~	13106
~~granted certificates of need during~~During the period beginning	13107
with the granting of ~~the~~a certificate of need and ending five	13108
years after implementation of the reviewable activity for which	13109
the certificate was granted, the director shall monitor the	13110
activities of the person granted the certificate to determine	13111
whether the reviewable activity is conducted in substantial	13112
accordance with the certificate. A reviewable activity shall not	13113
be determined to be not in substantial accordance with the	13114
certificate of need solely because of a decrease in bed capacity.	13115

(F) When reviewing applications for certificates of need,	13116
considering appeals under section 3702.60 of the Revised Code, or	13117
monitoring activities of persons granted certificates of need, the	13118
director may issue and enforce, in the manner provided in section	13119
119.09 of the Revised Code, subpoenas and subpoenas duces tecum to	13120
compel a person to testify and produce documents relevant to	13121
review of the application, consideration of the appeal, or	13122
monitoring of the activities. In addition, the director or the	13123
director's designee may visit the sites where the activities are	13124
or will be conducted.	13125

(G) The director may withdraw certificates of need.

13126

(H) All long-term care facilities shall submit to the	13127
director, upon request, any information prescribed by rules	13128
adopted under division (H) of section 3702.57 of the Revised Code	13129
that is necessary to conduct reviews of certificate of need	13130
applications and to develop criteria for reviews.	13131

(I) Any decision to grant or deny a certificate of need shall	13132
consider the special needs and circumstances resulting from moral	13133
and ethical values and the free exercise of religious rights of	13134
long-term care facilities administered by religious organizations,	13135
and the special needs and circumstances of inner city and rural	13136
communities.	13137

Sec. 3702.526. (A) Except as provided in division (B) of this	13138
section, the director of health shall accept an application for a	13139
replacement certificate of need for an activity described in	13140
division (A)~~(5)~~ of section 3702.511 of the Revised Code to replace	13141
an approved certificate of need ~~for that activity~~ if all of the	13142
following conditions are met:	13143

(1) The applicant requests the replacement certificate of	13144
need so that the reviewable activity for which the approved	13145
certificate of need was granted can be implemented in a manner	13146
that is not in substantial accordance with the approved	13147
certificate of need.	13148

(2) The applicant is the same as the applicant for the	13149
approved certificate of need or an affiliated or related person as	13150
described in division (B) of section 3702.523 of the Revised Code.	13151

~~(2)~~(3) The source of any long-term care beds to be relocated	13152
is the same as in the approved certificate of need.	13153

~~(3)~~(4) The application for the approved certificate of need	13154
was not subject to comparative review under section 3702.593 of	13155
the Revised Code.	13156

(B) The director shall not accept an application for a	13157
replacement certificate that proposes to increase the number of	13158
long-term care beds to be relocated specified in the application	13159
for the approved certificate of need.	13160

(C) For the purpose of determining whether long-term care	13161
beds are from an existing long-term care facility, the director	13162
shall consider the date of filing of the application for a	13163
replacement certificate to be the same as the date of filing of	13164
the original application for the approved certificate of need.	13165

(D) Any long-term care beds that were ~~approved~~proposed to be	13166
relocated in the approved certificate of need remain ~~approved~~	13167
eligible to be recategorized as a different category of long-term	13168
care beds in the application for a replacement certificate.	13169

(E) The applicant shall submit with the application for a	13170
replacement certificate a nonrefundable fee equal to the	13171
application fee for the approved certificate of need.	13172

(F) The director shall review and approve or deny the	13173
application for the replacement certificate in the same manner as	13174
the application for the approved certificate of need.	13175

(G) Upon approval of the application for a replacement	13176
certificate, the original certificate of need is automatically	13177
voided.	13178

Sec. 3702.59. (A) The director of health shall accept for	13179
review certificate of need applications as provided in sections	13180
3702.592, 3702.593, and 3702.594 of the Revised Code.	13181

(B)(1) The director shall not approve an application for a	13182
certificate of need for the addition of long-term care beds to an	13183
existing long-term care facility or for the development of a new	13184
long-term care facility if any of the following apply:	13185

(a) The existing long-term care facility in which the beds	13186
are being placed has one or more waivers for life safety code	13187
deficiencies, one or more state fire code violations, or one or	13188
more state building code violations, and the project identified in	13189
the application does not propose to correct all life safety code	13190
deficiencies for which a waiver has been granted, all state fire	13191
code violations, and all state building code violations at the	13192
existing long-term care facility in which the beds are being	13193
placed;	13194

(b) During the sixty-month period preceding the filing of the	13195
application, a notice of proposed license revocation was issued	13196
under section 3721.03 of the Revised Code for the existing	13197
long-term care facility in which the beds are being placed or a	13198
nursing home owned or operated by the applicant or a principal	13199
participant.	13200

(c) During the period that precedes the filing of the	13201
application and is encompassed by the three most recent standard	13202
surveys of the existing long-term care facility in which the beds	13203
are being placed, any of the following occurred:	13204

(i) The facility was cited on three or more separate	13205
occasions for final, nonappealable actual harm but not immediate	13206
jeopardy deficiencies.	13207

(ii) The facility was cited on two or more separate occasions	13208
for final, nonappealable immediate jeopardy deficiencies.	13209

(iii) The facility was cited on two separate occasions for	13210
final, nonappealable actual harm but not immediate jeopardy	13211
deficiencies and on one occasion for a final, nonappealable	13212
immediate jeopardy deficiency.	13213

(d) More than two nursing homes owned or operated in this	13214
state by the applicant or a principal participant or, if the	13215
applicant or a principal participant owns or operates more than	13216
twenty nursing homes in this state, more than ten per cent of	13217
those nursing homes, were each cited during the period that	13218
precedes the filing of the application for the certificate of need	13219
and is encompassed by the three most recent standard surveys of	13220
the nursing homes that were so cited in any of the following	13221
manners:	13222

(i) On three or more separate occasions for final,	13223
nonappealable actual harm but not immediate jeopardy deficiencies;	13224

(ii) On two or more separate occasions for final,	13225
nonappealable immediate jeopardy deficiencies;	13226

(iii) On two separate occasions for final, nonappealable	13227
actual harm but not immediate jeopardy deficiencies and on one	13228
occasion for a final, nonappealable immediate jeopardy deficiency.	13229

(2) In applying divisions (B)(1)(a) to (d) of this section,	13230
the director shall not consider deficiencies or violations cited	13231
before the applicant or a principal participant acquired or began	13232
to own or operate the long-term care facility at which the	13233
deficiencies or violations were cited. The director may disregard	13234
deficiencies and violations cited after the long-term care	13235
facility was acquired or began to be operated by the applicant or	13236
a principal participant if the deficiencies or violations were	13237
attributable to circumstances that arose under the previous owner	13238
or operator and the applicant or principal participant has	13239
implemented measures to alleviate the circumstances. In the case	13240
of an application proposing development of a new long-term care	13241
facility by relocation of beds, the director shall not consider	13242
deficiencies or violations that were solely attributable to the	13243
physical plant of the existing long-term care facility from which	13244
the beds are being relocated.	13245

(C) The director also shall accept for review any application	13246
for the conversion of infirmary beds to long-term care beds if the	13247
infirmary meets all of the following conditions:	13248

(1) Is operated exclusively by a religious order;

13249

(2) Provides care exclusively to members of religious orders	13250
who take vows of celibacy and live by virtue of their vows within	13251
the orders as if related;	13252

(3) Was providing care exclusively to members of such a	13253
religious order on January 1, 1994.	13254

(D) Notwithstanding division (C)(2) of this section, a	13255
facility that has been granted a certificate of need under	13256
division (C) of this section may provide care to any of the	13257
following family members of the individuals described in division	13258
(C)(2) of this section: mothers, fathers, brothers, sisters,	13259
brothers-in-law, sisters-in-law, or children. Such a facility may	13260
also provide care to any individual who has been designated an	13261
associate member by the religious order that operates the	13262
facility.	13263

The long-term care beds in a facility that have been granted	13264
a certificate of need under division (C) of this section may not	13265
be relocated pursuant to sections 3702.592 to 3702.594 of the	13266
Revised Code.	13267

Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the	13268
Revised Code:	13269

(A) "Full-time practice" means working a minimum of forty	13270
hours per week for a minimum of forty-five weeks each service	13271
year.	13272

(B) "Part-time practice" means working a minimum of twenty	13273
and a maximum of thirty-nine hours per week for a minimum of	13274
forty-five weeks per service year.	13275

(C) "Primary care physician" means an individual who is	13276
authorized under Chapter 4731. of the Revised Code to practice	13277
medicine and surgery or osteopathic medicine and surgery and is	13278
board certified or board eligible in a primary care specialty.	13279

~~(B)~~(D) "Primary care service" means professional	13280
comprehensive personal health services, which may include health	13281
education and disease prevention, treatment of uncomplicated	13282
health problems, diagnosis of chronic health problems, overall	13283
management of health care services for an individual or a family,	13284
and the services of a psychiatrist. "Primary care service" also	13285
includes providing the initial contact for health care services	13286
~~and~~, making referrals for secondary and tertiary care and for	13287
continuity of health care services, and teaching activities to the	13288
extent specified in a contract entered into pursuant to section	13289
3702.74 of the Revised Code.	13290

~~(C)~~(E) "Primary care specialty" means general internal	13291
medicine, pediatrics, adolescent medicine, obstetrics and	13292
gynecology, psychiatry, child and adolescent psychiatry, geriatric	13293
psychiatry, combined internal medicine and pediatrics, geriatrics,	13294
or family practice.	13295

(F) "Teaching activities" means providing clinical education	13296
to students and residents regarding the primary care physician's	13297
normal course of practice and expertise at the service site	13298
specified in the contract described in section 3702.74 of the	13299
Revised Code.	13300

Sec. 3702.74. (A) A primary care physician who has signed a	13301
letter of intent under section 3702.73 of the Revised Code and the	13302
director of health may enter into a contract for the physician's	13303
participation in the physician loan repayment program. The	13304
physician's employer or other funding source may also be a party	13305
to the contract.	13306

(B) The contract shall include all of the following	13307
obligations:	13308

(1) The primary care physician agrees to provide primary care	13309
services in the health resource shortage area identified in the	13310
letter of intent for ~~at least two years~~the number of hours and	13311
duration specified in the contract;	13312

(2) When providing primary care services in the health	13313
resource shortage area, the primary care physician agrees to do	13314
all of the following:	13315

(a) Provide primary care services ~~for a minimum of forty~~	13316
~~hours per week, of which at least twenty-one hours will be spent~~	13317
~~providing patient care~~ in an outpatient or ambulatory setting	13318
approved by the department of health;	13319

(b) Provide primary care services without regard to a	13320
patient's ability to pay;	13321

(c) Meet the requirements for a medicaid provider agreement	13322
and enter into the agreement with the department of medicaid to	13323
provide primary care services to medicaid recipients.	13324

(3) The department of health agrees, as provided in section	13325
3702.75 of the Revised Code, to repay, so long as the primary care	13326
physician performs the service obligation agreed to under division	13327
(B)(1) of this section, all or part of the principal and interest	13328
of a government or other educational loan taken by the primary	13329
care physician for expenses described in section 3702.75 of the	13330
Revised Code;	13331

(4) The primary care physician agrees to pay the department	13332
of health an amount established by rules adopted under section	13333
3702.79 of the Revised Code if the physician fails to complete the	13334
service obligation agreed to under division (B)(1) of this	13335
section.	13336

(C) The contract ~~may include any other terms agreed upon by~~	13337
~~the parties~~shall include the following terms as agreed upon by	13338
the parties:	13339

(1) The primary care physician's required length of service	13340
in the health resource shortage area, which must be at least two	13341
years;	13342

(2) The number of weekly hours the primary care physician	13343
will be engaged in full-time practice or part-time practice in the	13344
health resource shortage area;	13345

(3) The maximum amount that the department will repay on	13346
behalf of the primary care physician;	13347

(4) The extent to which the primary care physician's teaching	13348
activities will be counted toward the physician's full-time	13349
practice or part-time practice hours under the contract.	13350

(D) If the amount specified in division (C)(3) of this	13351
section includes funds from the bureau of clinician recruitment	13352
and service in the United States department of health and human	13353
services, the amount of state funds repaid on the individual's	13354
behalf shall be the same as the amount of those funds.	13355

Sec. 3702.75. There is hereby created the physician loan	13356
repayment program. Under the program, the department of health, by	13357
means of a contract provision under division (B)(3) of section	13358
3702.74 of the Revised Code, may agree to repay all or part of the	13359
principal and interest of a government or other educational loan	13360
taken by a primary care physician for the following expenses, so	13361
long as the expenses were incurred while the physician was	13362
enrolled in, for up to a maximum of four years, a medical school	13363
or osteopathic medical school in the United States that was,	13364
during the time enrolled, accredited by the liaison committee on	13365
medical education or the American osteopathic association, or a	13366
medical school or osteopathic medical school located outside the	13367
United States that was, during the time enrolled, acknowledged by	13368
the world health organization and verified by a member state of	13369
that organization as operating within the state's jurisdiction:	13370

(A) Tuition;

13371

(B) Other educational expenses, such as fees, books, and	13372
laboratory expenses, for specific purposes and in amounts	13373
determined to be reasonable by the director of health;	13374

(C) Room and board, in an amount determined reasonable by the	13375
director of health.	13376

~~In the first and second years, no repayment shall exceed~~	13377
~~twenty-five thousand dollars in each year. In the third and fourth~~	13378
~~years, no repayment shall exceed thirty-five thousand dollars in~~	13379
~~each year. If, however, a repayment results in an increase in the~~	13380
~~primary care physician's federal, state, or local income tax~~	13381
~~liability, at the physician's request, the department may~~	13382
~~reimburse the physician for the increased tax liability,~~	13383
~~regardless of the amount of the repayment made to the physician in~~	13384
~~that year.~~	13385

~~Not later than the thirty-first day of January each year, the~~	13386
~~department shall mail to each physician to whom or on whose behalf~~	13387
~~repayment is made under this section a statement showing the~~	13388
~~amount repaid by the department pursuant to the contract in the~~	13389
~~preceding year. The statement shall be sent by ordinary mail with~~	13390
~~address correction and forwarding requested in the manner~~	13391
~~prescribed by the United States postal service.~~	13392

Sec. 3702.91. (A) As used in this section:

13393

(1) "Full-time practice" and "part-time practice" have the	13394
same meanings as in section 3702.71 of the Revised Code;	13395

(2) "Teaching activities" means supervising dental students	13396
and dental residents at the service site specified in the letter	13397
of intent described in section 3702.90 of the Revised Code.	13398

(B) An individual who has signed a letter of intent ~~under~~	13399
~~section 3702.90 of the Revised Code~~ may enter into a contract with	13400
the director of health for participation in the dentist loan	13401
repayment program. The dentist's employer or other funding source	13402
may also be a party to the contract.	13403

~~(B)~~(C) The contract shall include all of the following	13404
obligations:	13405

(1) The individual agrees to provide dental services in the	13406
dental health resource shortage area identified in the letter of	13407
intent for ~~at least two years~~the number of hours and duration	13408
specified in the contract.	13409

(2) When providing dental services in the dental health	13410
resource shortage area, the individual agrees to do all of the	13411
following:	13412

(a) Provide dental services ~~for a minimum of forty hours per~~	13413
~~week~~in a service site approved by the department of health;	13414

(b) Provide dental services without regard to a patient's	13415
ability to pay;	13416

(c) Meet the requirements for a medicaid provider agreement	13417
and enter into the agreement with the department of medicaid to	13418
provide dental services to medicaid recipients.	13419

(3) The department of health agrees, as provided in section	13420
3702.85 of the Revised Code, to repay, so long as the individual	13421
performs the service obligation agreed to under division ~~(B)~~(C)(1)	13422
of this section, all or part of the principal and interest of a	13423
government or other educational loan taken by the individual for	13424
expenses described in section 3702.85 of the Revised Code.	13425

(4) The individual agrees to pay the department of health an	13426
amount established by rules adopted under section 3702.86 of the	13427
Revised Code, if the individual fails to complete the service	13428
obligation agreed to under division ~~(B)~~(C)(1) of this section.	13429

~~(C)~~(D) The contract ~~may~~shall include ~~any other~~the following	13430
terms as agreed upon by the parties:	13431

(1) The individual's required length of service in the dental	13432
health resource shortage area, which must be at least two years;	13433

(2) The number of weekly hours the individual will be engaged	13434
in full-time practice or part-time practice;	13435

(3) The maximum amount that the department will repay on	13436
behalf of the individual;	13437

(4) The extent to which the individual's teaching activities	13438
will be counted toward the individual's full-time practice or	13439
part-time practice hours under the contract.	13440

~~(D) Not later than the thirty-first day of January of each~~	13441
~~year, the department of health shall mail to each individual to~~	13442
~~whom or on whose behalf repayment is made under the dentist loan~~	13443
~~repayment program a statement showing the amount of principal and~~	13444
~~interest repaid by the department pursuant to the contract in the~~	13445
~~preceding year. The statement shall be sent by ordinary mail with~~	13446
~~address correction and forwarding requested in the manner~~	13447
~~prescribed by the United States postal service.~~	13448

(E) If the amount specified in division (D)(3) of this	13449
section includes funds from the bureau of clinician recruitment	13450
and service in the United States department of health and human	13451
services, the amount of state funds repaid on the individual's	13452
behalf shall be the same as the amount of those funds.	13453

Sec. 3702.95. The director of health may accept gifts of	13454
money from any source for the implementation and administration of	13455
sections 3702.85 to ~~3702.93~~3702.92 of the Revised Code.	13456

The director shall pay all gifts accepted under this section	13457
into the state treasury, to the credit of the dental health	13458
resource shortage area fund, which is hereby created, and all	13459
damages collected under division ~~(B)~~(C)(4) of section 3702.91 of	13460
the Revised Code, into the state treasury, to the credit of the	13461
dentist loan repayment fund, which is hereby created.	13462

The director shall use the dental health resource shortage	13463
area and dentist loan repayment funds for the implementation and	13464
administration of sections 3702.85 to 3702.95 of the Revised Code.	13465

Sec. 3721.02. (A) As used in this section, "residential	13466
facility" means a residential facility licensed under section	13467
5119.34 of the Revised Code that provides accommodations,	13468
supervision, and personal care services for three to sixteen	13469
unrelated adults.	13470

(B)(1) The director of health shall license homes and	13471
establish procedures to be followed in inspecting and licensing	13472
homes. The director may inspect a home at any time. Each home	13473
shall be inspected by the director at least once prior to the	13474
issuance of a license and at least once every fifteen months	13475
thereafter. The state fire marshal or a township, municipal, or	13476
other legally constituted fire department approved by the marshal	13477
shall also inspect a home prior to issuance of a license, at least	13478
once every fifteen months thereafter, and at any other time	13479
requested by the director. A home does not have to be inspected	13480
prior to issuance of a license by the director, state fire	13481
marshal, or a fire department if ownership of the home is assigned	13482
or transferred to a different person and the home was licensed	13483
under this chapter immediately prior to the assignment or	13484
transfer. The director may enter at any time, for the purposes of	13485
investigation, any institution, residence, facility, or other	13486
structure that has been reported to the director or that the	13487
director has reasonable cause to believe is operating as a nursing	13488
home, residential care facility, or home for the aging without a	13489
valid license required by section 3721.05 of the Revised Code or,	13490
in the case of a county home or district home, is operating	13491
despite the revocation of its residential care facility license.	13492
The director may delegate the director's authority and duties	13493
under this chapter to any division, bureau, agency, or official of	13494
the department of health.	13495

(2)(a) If, prior to issuance of a license, a home submits a	13496
request for an expedited licensing inspection and the request is	13497
submitted in a manner and form approved by the director, the	13498
director shall commence an inspection of the home not later than	13499
ten business days after receiving the request.	13500

(b) On request, submitted in a manner and form approved by	13501
the director, the director may review plans for a building that is	13502
to be used as a home for compliance with applicable state and	13503
local building and safety codes.	13504

(c) The director may charge a fee for an expedited licensing	13505
inspection or a plan review that is adequate to cover the expense	13506
of expediting the inspection or reviewing the plans. The fee shall	13507
be deposited in the state treasury to the credit of the general	13508
operations fund created in section 3701.83 of the Revised Code and	13509
used solely for expediting inspections and reviewing plans.	13510

(C) A single facility may be licensed both as a nursing home	13511
pursuant to this chapter and as a residential facility pursuant to	13512
section 5119.34 of the Revised Code if the director determines	13513
that the part or unit to be licensed as a nursing home can be	13514
maintained separate and discrete from the part or unit to be	13515
licensed as a residential facility.	13516

(D) In determining the number of residents in a home for the	13517
purpose of licensing, the director shall consider all the	13518
individuals for whom the home provides accommodations as one group	13519
unless one of the following is the case:	13520

(1) The home is a home for the aging, in which case all the	13521
individuals in the part or unit licensed as a nursing home shall	13522
be considered as one group, and all the individuals in the part or	13523
unit licensed as a rest home shall be considered as another group.	13524

(2) The home is both a nursing home and a residential	13525
facility. In that case, all the individuals in the part or unit	13526
licensed as a nursing home shall be considered as one group, and	13527
all the individuals in the part or unit licensed as an adult care	13528
facility shall be considered as another group.	13529

(3) The home maintains, in addition to a nursing home or	13530
residential care facility, a separate and discrete part or unit	13531
that provides accommodations to individuals who do not require or	13532
receive skilled nursing care and do not receive personal care	13533
services from the home, in which case the individuals in the	13534
separate and discrete part or unit shall not be considered in	13535
determining the number of residents in the home if the separate	13536
and discrete part or unit is in compliance with the Ohio basic	13537
building code established by the board of building standards under	13538
Chapters 3781. and 3791. of the Revised Code and the home permits	13539
the director, on request, to inspect the separate and discrete	13540
part or unit and speak with the individuals residing there, if	13541
they consent, to determine whether the separate and discrete part	13542
or unit meets the requirements of this division.	13543

(E)(1) The director of health shall charge the following	13544
application fee and annual renewal licensing and inspection fee	13545
for each fifty persons or part thereof of a home's licensed	13546
capacity:	13547

(a) For state fiscal year 2010, two hundred twenty dollars;

13548

(b) For state fiscal year 2011, two hundred seventy dollars;

13549

(c) For each state fiscal year thereafter, three hundred	13550
twenty dollars.	13551

(2) All fees collected by the director for the issuance or	13552
renewal of licenses shall be deposited into the state treasury to	13553
the credit of the general operations fund created in section	13554
3701.83 of the Revised Code for use only in administering and	13555
enforcing this chapter and rules adopted under it.	13556

(F)(1) Except as otherwise provided in this section, the	13557
results of an inspection or investigation of a home that is	13558
conducted under this section, including any statement of	13559
deficiencies and all findings and deficiencies cited in the	13560
statement on the basis of the inspection or investigation, shall	13561
be used solely to determine the home's compliance with this	13562
chapter or another chapter of the Revised Code in any action or	13563
proceeding other than an action commenced under division (I) of	13564
section 3721.17 of the Revised Code. Those results of an	13565
inspection or investigation, that statement of deficiencies, and	13566
the findings and deficiencies cited in that statement shall not be	13567
used in any court or in any action or proceeding that is pending	13568
in any court and are not admissible in evidence in any action or	13569
proceeding unless that action or proceeding is an appeal of an	13570
action by the department of health under this chapter or is an	13571
action by any department or agency of the state to enforce this	13572
chapter or another chapter of the Revised Code.	13573

(2) Nothing in division ~~(E)~~(F)(1) of this section prohibits	13574
the results of an inspection or investigation conducted under this	13575
section from being used in a criminal investigation or	13576
prosecution.	13577

Sec. 3721.122. Before an individual is admitted as a	13578
resident to a home, the home's administrator shall search for the	13579
individual's name in the internet-based sex offender and	13580
child-victim offender database established under division (A)(11)	13581
of section 2950.13 of the Revised Code. If the search results	13582
identify the individual as a sex offender and the individual is	13583
admitted as a resident to the home, the administrator shall	13584
provide for the home to do all of the following:	13585

(A) Develop a plan of care to protect the other residents'	13586
rights to a safe environment and to be free from abuse;	13587

(B) Notify all of the home's other residents and their	13588
sponsors that a sex offender has been admitted as a resident to	13589
the home and include in the notice a description of the plan of	13590
care developed under division (A) of this section;	13591

(C) Direct the individual in updating the individual's	13592
address under section 2950.05 of the Revised Code and, if the	13593
individual is unable to do so without assistance, provide the	13594
assistance the individual needs to update the individual's address	13595
under that section.	13596

Sec. 3730.09. (A) Each operator of a business that offers	13597
tattooing or body piercing services shall do all of the following:	13598

(1) Maintain procedures for ensuring that the individuals who	13599
perform tattooing or body piercing procedures are adequately	13600
trained to perform the procedures properly;	13601

(2) With respect to tattooing services, maintain written	13602
records that include the color, manufacturer, and lot number of	13603
each pigment used for each tattoo performed;	13604

(3) Comply with the safety and sanitation requirements for	13605
preventing transmission of infectious diseases, as established in	13606
rules adopted under section 3730.10 of the Revised Code;	13607

(4) ~~Require the individuals who perform tattooing and body~~	13608
~~piercing procedures to disinfect and sterilize~~Ensure that all	13609
invasive equipment or parts of equipment used in performing ~~the~~	13610
tattooing and body piercing procedures are disinfected and	13611
sterilized by using methods that meet the disinfection and	13612
sterilization requirements established in rules adopted under	13613
section 3730.10 of the Revised Code;	13614

(5) Ensure that weekly tests of the business's heat	13615
sterilization devices are performed to determine whether the	13616
devices are functioning properly. In having the devices tested,	13617
the operator of the business shall use a biological monitoring	13618
system that indicates whether the devices are killing	13619
microorganisms. If a test indicates that a device is not	13620
functioning properly, the operator shall take immediate remedial	13621
action to ensure that heat sterilization is being accomplished.	13622
The operator shall maintain documentation that the weekly tests	13623
are being performed. To comply with the documentation requirement,	13624
the documents must consist of a log that indicates the date on	13625
which each test is performed and the name of the person who	13626
performed the test or, if a test was conducted by an independent	13627
testing entity, a copy of the entity's testing report. The	13628
operator shall maintain records of each test performed for at	13629
least two years.	13630

(B) Each operator of a business that offers ear piercing	13631
services performed with an ear piercing gun shall require the	13632
individuals who perform the ear piercing services to disinfect and	13633
sterilize the ear piercing gun by using chemical solutions that	13634
meet the disinfection and sterilization requirements established	13635
in rules adopted under section 3730.10 of the Revised Code.	13636

Sec. 3735.31. A metropolitan housing authority created under	13637
sections 3735.27 to 3735.50 of the Revised Code, constitutes a	13638
body corporate and politic. Nothing in this chapter shall limit	13639
the authority of a metropolitan housing authority, or a nonprofit	13640
corporation formed by a metropolitan housing authority to carry	13641
out its functions, to compete for and perform federal housing	13642
contracts or grants within or outside this state. To clear, plan,	13643
and rebuild slum areas within the district in which the authority	13644
is created, to provide safe and sanitary housing accommodations to	13645
families of low income within that district, or to accomplish any	13646
combination of the foregoing purposes, the authority may do any of	13647
the following:	13648

(A) Sue and be sued; have a seal; have corporate succession;	13649
receive grants from state, federal, or other governments, or from	13650
private sources; conduct investigations into housing and living	13651
conditions; enter any buildings or property in order to conduct	13652
its investigations; conduct examinations, subpoena, and require	13653
the attendance of witnesses and the production of books and	13654
papers; issue commissions for the examination of witnesses who are	13655
out of the state or unable to attend before the authority or	13656
excused from attendance; and in connection with these powers, any	13657
member of the authority may administer oaths, take affidavits, and	13658
issue subpoenas;	13659

(B) Determine what areas constitute slum areas, and prepare	13660
plans for housing projects in those areas; purchase, lease, sell,	13661
exchange, transfer, assign, or mortgage any property, real or	13662
personal, or any interest in that property, or acquire the same by	13663
gift, bequest, or eminent domain; own, hold, clear, and improve	13664
property; provide and set aside housing projects, or dwelling	13665
units comprising portions of housing projects, designed especially	13666
for the use of families, the head of which or the spouse of which	13667
is sixty-five years of age or older; engage in, or contract for,	13668
the construction, reconstruction, alteration, or repair, or both,	13669
of any housing project or part of any housing project; include in	13670
any contract let in connection with a project, stipulations	13671
requiring that the contractor and any subcontractors comply with	13672
requirements as to minimum wages and maximum hours of labor, and	13673
comply with any conditions that the federal government has	13674
attached to its financial aid of the project; lease or operate, or	13675
both, any project, and establish or revise schedules of rents for	13676
any projects or part of any project; arrange with the county or	13677
municipal corporations, or both, for the planning and replanning	13678
of streets, alleys, and other public places or facilities in	13679
connection with any area or project; borrow money upon its notes,	13680
debentures, or other evidences of indebtedness, and secure the	13681
same by mortgages upon property held or to be held by it, or by	13682
pledge of its revenues, or in any other manner; invest any funds	13683
held in reserves or sinking funds or not required for immediate	13684
disbursements; execute contracts and all other instruments	13685
necessary or convenient to the exercise of the powers granted in	13686
this section; make, amend, and repeal bylaws and rules to carry	13687
into effect its powers and purposes;	13688

(C) Borrow money or accept grants or other financial	13689
assistance from the federal government for or in aid of any	13690
housing project within its territorial limits; take over or lease	13691
or manage any housing project or undertaking constructed or owned	13692
by the federal government; comply with any conditions and enter	13693
into any mortgages, trust indentures, leases, or agreements that	13694
are necessary, convenient, or desirable;	13695

(D) Subject to section 3735.311 of the Revised Code, employ a	13696
police force to protect the lives and property of the residents of	13697
housing projects within the district, to preserve the peace in the	13698
housing projects, and to enforce the laws, ordinances, and	13699
regulations of this state and its political subdivisions in the	13700
housing projects and, when authorized by law, outside the limits	13701
of the housing projects.	13702

(E) Enter into an agreement with a county, municipal	13703
corporation, or township in whose jurisdiction the metropolitan	13704
housing authority is located that permits metropolitan housing	13705
authority police officers employed under division (D) of this	13706
section to exercise full arrest powers as provided in section	13707
2935.03 of the Revised Code, perform any police function, exercise	13708
any police power, or render any police service within specified	13709
areas of the county, municipal corporation, or township for the	13710
purpose of preserving the peace and enforcing all laws of the	13711
state, ordinances of the municipal corporation, or regulations of	13712
the township.	13713

Sec. 3737.02. (A) The fire marshal may collect fees to cover	13714
the costs of performing inspections and other duties that the fire	13715
marshal is authorized or required by law to perform. Except as	13716
provided in division (B) of this section, all fees collected by	13717
the fire marshal shall be deposited to the credit of the fire	13718
marshal's fund.	13719

(B)(1) All of the following shall be credited to the	13720
underground storage tank administration fund, which is hereby	13721
created in the state treasury:	13722

~~(1)~~(a) Fees collected under sections 3737.88 and 3737.881 of	13723
the Revised Code for operation of the underground storage tank and	13724
underground storage tank installer certification programs;	13725

~~(2)~~(b) Moneys recovered under section 3737.89 of the Revised	13726
Code for the state's costs of undertaking corrective or	13727
enforcement actions under that section or section 3737.882 of the	13728
Revised Code;	13729

~~(3)~~(c) Fines and penalties collected under section 3737.882	13730
of the Revised Code;	13731

~~(4) Amounts repaid for underground storage tank revolving~~	13732
~~loans under section 3737.883~~and other moneys, including	13733
corrective action enforcement case settlements or bankruptcy case	13734
awards or settlements, received by the fire marshal under sections	13735
3737.88 to 3737.89 of the Revised Code.	13736

~~(C)~~(2) All interest earned on moneys credited to the	13737
underground storage tank administration fund shall be credited to	13738
the fund. Moneys credited to the underground storage tank	13739
administration fund shall be used by the fire marshal for	13740
implementation and enforcement of underground storage tank,	13741
corrective action, and installer certification programs under	13742
sections 3737.88 to 3737.89 of the Revised Code. ~~Only moneys~~	13743
~~described in divisions (B)(3) and (4) of this section may be used~~	13744
~~by the fire marshal to make underground storage tank revolving~~	13745
~~loans under section 3737.883 of the Revised Code, and no other~~	13746
~~moneys may be used to make those loans.~~	13747

~~(D)~~(C) There is hereby created in the state treasury the	13748
underground storage tank revolving loan fund. The fund shall	13749
consist of amounts repaid for underground storage tank revolving	13750
loans under section 3737.883 of the Revised Code and moneys	13751
described in division (B)(1)(c) of this section that are allocated	13752
to the fund in accordance with division (D)(1) of this section.	13753
Moneys in the fund shall be used by the fire marshal to make	13754
underground storage tank revolving loans under section 3737.883 of	13755
the Revised Code.	13756

(D)(1) If the director of commerce determines that the cash	13757
balance in the underground storage tank administration fund is in	13758
excess of the amount needed for implementation and enforcement of	13759
the underground storage tank, corrective action, and installer	13760
certification programs under sections 3737.88 to 3737.89 of the	13761
Revised Code, the director may certify the excess amount to the	13762
director of budget and management. Upon certification, the	13763
director of budget and management may transfer from the	13764
underground storage tank administration fund to the underground	13765
storage tank revolving loan fund any amount up to, but not	13766
exceeding, the amount certified by the director of commerce,	13767
provided the amount transferred consists only of moneys described	13768
in division (B)(1)(c) of this section.	13769

(2) If the director of commerce determines that the cash	13770
balance in the underground storage tank administration fund is	13771
insufficient to implement and enforce the underground storage	13772
tank, corrective action, and installer certification programs	13773
under sections 3737.88 to 3737.89 of the Revised Code, the	13774
director may certify the amount needed to the director of budget	13775
and management. Upon certification, the director of budget and	13776
management may transfer from the underground storage tank	13777
revolving loan fund to the underground storage tank administration	13778
fund any amount up to, but not exceeding, the amount certified by	13779
the director of commerce.	13780

(E) The fire marshal shall take all actions necessary to	13781
obtain any federal funding available to carry out the fire	13782
marshal's responsibilities under sections 3737.88 to 3737.89 of	13783
the Revised Code and federal laws regarding the cleaning up of	13784
releases of petroleum, as "release" is defined in section 3737.87	13785
of the Revised Code, including, without limitation, any federal	13786
funds that are available to reimburse the state for the costs of	13787
undertaking corrective actions for such releases of petroleum. The	13788
state may, when appropriate, return to the United States any	13789
federal funds recovered under sections 3737.882 and 3737.89 of the	13790
Revised Code.	13791

Sec. 3745.71. (A) Except as otherwise provided in division	13792
(C) of this section, the owner or operator of a facility or	13793
property who conducts an environmental audit of one or more	13794
activities at the facility or property has a privilege with	13795
respect to both of the following:	13796

(1) The contents of an environmental audit report that is	13797
based on the audit;	13798

(2) The contents of communications between the owner or	13799
operator and employees or contractors of the owner or operator, or	13800
among employees or contractors of the owner or operator, that are	13801
necessary to the audit and are made in good faith as part of the	13802
audit after the employee or contractor is notified that the	13803
communication is part of the audit.	13804

(B) Except as otherwise provided in or ordered pursuant to	13805
this section, information that is privileged under this section is	13806
not admissible as evidence or subject to discovery in any civil or	13807
administrative proceeding and a person who possesses such	13808
information as a result of conducting or participating in an	13809
environmental audit shall not be compelled to testify in any civil	13810
or administrative proceeding concerning the privileged portions of	13811
the environmental audit.	13812

(C) The privilege provided in this section does not apply to	13813
criminal investigations or proceedings. Where an audit report is	13814
obtained, reviewed, or used in a criminal proceeding, the	13815
privilege provided in this section applicable to civil or	13816
administrative proceedings is not waived or eliminated.	13817
Furthermore, the privilege provided in this section does not apply	13818
to particular information under any of the following	13819
circumstances:	13820

(1) The privilege is not asserted with respect to that	13821
information by the owner or operator to whom the privilege	13822
belongs.	13823

(2) The owner or operator to whom the privilege belongs	13824
voluntarily testifies, or has provided written authorization to an	13825
employee, contractor, or agent to testify on behalf of the owner	13826
or operator, as to that information.	13827

(3) A court of record in a civil proceeding or the tribunal	13828
or presiding officer in an administrative proceeding finds,	13829
pursuant to this section, that the privilege does not apply to	13830
that information.	13831

(4) The information is required by law to be collected,	13832
developed, maintained, reported, disclosed publicly, or otherwise	13833
made available to a government agency.	13834

(5) The information is obtained from a source other than an	13835
environmental audit report, including, without limitation,	13836
observation, sampling, monitoring, a communication, a record, or a	13837
report that is not part of the audit on which the audit report is	13838
based.	13839

(6) The information is collected, developed, made, or	13840
maintained in bad faith or for a fraudulent purpose.	13841

(7) The owner or operator to whom the privilege belongs	13842
waives the privilege, in whole or in part, explicitly or by	13843
engaging in conduct that manifests a clear intent that the	13844
information not be privileged. If an owner or operator introduces	13845
part of an environmental audit report into evidence in a civil or	13846
administrative proceeding to prove that the owner or operator did	13847
not violate, or is no longer violating, any environmental laws,	13848
the privilege provided by this section is waived with respect to	13849
all information in the audit report that is relevant to that	13850
issue.	13851

(8)(a) The information shows evidence of noncompliance with	13852
environmental laws and the owner or operator fails to do any of	13853
the following:	13854

(i) Promptly initiate reasonable efforts to achieve	13855
compliance upon discovery of the noncompliance through an	13856
environmental audit;	13857

(ii) Pursue compliance with reasonable diligence;

13858

(iii) Achieve compliance within a reasonable time.

13859

(b) "Reasonable diligence" includes, without limitation,	13860
compliance with section 3745.72 of the Revised Code.	13861

(9) The information contains evidence that a government	13862
agency federally authorized, approved, or delegated to enforce	13863
environmental laws has reasonable cause to believe is necessary to	13864
prevent imminent and substantial endangerment or harm to human	13865
health or the environment.	13866

(10) Any circumstance in which both of the following apply:

13867

(a) The information contains evidence regarding an alleged	13868
violation of environmental laws and a government agency charged	13869
with enforcing any of those laws has a substantial need for the	13870
information to protect public health or safety or to prevent	13871
substantial harm to property or the environment.	13872

(b) The government agency is unable to obtain the substantial	13873
equivalent of the information by other means without unreasonable	13874
delay or expense.	13875

(11) The information consists of personal knowledge of an	13876
individual who did not obtain that information as part of an	13877
environmental audit.	13878

(12) The information is not clearly identified as part of an	13879
environmental audit report. For purposes of this section, clear	13880
identification of information as part of an environmental audit	13881
report includes, without limitation, either of the following:	13882

(a) The information is contained in a document and the front	13883
cover, the first page, or a comparable part of the document is	13884
prominently labeled with "environmental audit report: privileged	13885
information" or substantially comparable language.	13886

(b) The information is contained in an electronic record and	13887
the record is programmed to display or print prominently	13888
"environmental audit report: privileged information" or	13889
substantially comparable language before the privileged	13890
information is displayed or printed.	13891

(13) The information existed prior to the initiation of the	13892
environmental audit under division (A) of section 3745.70 of the	13893
Revised Code.	13894

(D) If the privilege provided in this section belongs to an	13895
owner or operator who is not an individual, the privilege may be	13896
asserted or waived, in whole or in part, on behalf of the owner or	13897
operator only by an officer, manager, partner, or other comparable	13898
person who has a fiduciary relationship with the owner or operator	13899
and is authorized generally to act on behalf of the owner or	13900
operator or is a person who is authorized specifically to assert	13901
or waive the privilege.	13902

(E) A person asserting the privilege provided in this section	13903
has the burden of proving the applicability of the privilege by a	13904
preponderance of the evidence. If a person seeking disclosure of	13905
information with respect to which a privilege is asserted under	13906
this section shows evidence of noncompliance with environmental	13907
laws pursuant to division (C)(8) of this section, the person	13908
asserting the privilege also has the burden of proving by a	13909
preponderance of the evidence that reasonable efforts to achieve	13910
compliance with those laws were initiated promptly and that	13911
compliance was pursued with reasonable diligence and achieved	13912
within a reasonable time.	13913

(F) When determining whether the privilege provided by this	13914
section applies to particular information, a court of record that	13915
is not acting pursuant to division (G) of this section, or the	13916
tribunal or presiding officer in an administrative proceeding,	13917
shall conduct an in camera review of the information in a manner	13918
consistent with applicable rules of procedure.	13919

(G)(1) The prosecuting attorney of a county or the attorney	13920
general, having probable cause to believe, based on information	13921
obtained from a source other than an environmental audit report,	13922
that a violation has been committed under environmental laws for	13923
which a civil or administrative action may be initiated, may	13924
obtain information with respect to which a privilege is asserted	13925
under this section pursuant to a search warrant, subpoena, or	13926
discovery under the Rules of Civil Procedure. The prosecuting	13927
attorney or the attorney general immediately shall place the	13928
information under seal and shall not review or disclose its	13929
contents.	13930

(2) Not later than sixty days after receiving an	13931
environmental audit report under division (G)(1) of this section,	13932
the prosecuting attorney or the attorney general may file with the	13933
court of common pleas of a county in which there is proper venue	13934
to bring a civil or administrative action pertaining to the	13935
alleged violation a petition requesting an in camera hearing to	13936
determine if the information described in division (G)(1) of this	13937
section is subject to disclosure under this section. Failure to	13938
file such a petition shall cause the information to be released to	13939
the owner or operator to whom it belongs.	13940

(3) Upon the filing of a petition under division (G)(2) of	13941
this section, the court shall issue an order scheduling an in	13942
camera hearing, not later than forty-five days after the filing of	13943
the petition, to determine if any or all of the information	13944
described in division (G)(1) of this section is subject to	13945
disclosure under this section. The order shall allow the	13946
prosecuting attorney or the attorney general to remove the seal	13947
from the report in order to review it and shall place appropriate	13948
limitations on distribution and review of the report to protect	13949
against unnecessary disclosure.	13950

(4) The prosecuting attorney or the attorney general may	13951
consult with government agencies regarding the contents of the	13952
report to prepare for the in camera hearing. Information described	13953
in division (G)(1) of this section that is used by the prosecuting	13954
attorney or the attorney general to prepare for the in camera	13955
hearing shall not be used by the prosecuting attorney, the	13956
attorney general, an employee or agent of either of them, or an	13957
agency described in division (G)(4) of this section in any	13958
investigation or proceeding against the respondent, and otherwise	13959
shall be kept confidential, unless the information is subject to	13960
disclosure under this section.	13961

(5) The parties may stipulate that information contained in	13962
an environmental audit report is or is not subject to disclosure	13963
under this section.	13964

(6) If the court determines that information described in	13965
division (G)(1) of this section is subject to disclosure under	13966
this section, the court shall compel disclosure under this section	13967
of only the information that is relevant to the proceeding	13968
described in division (G)(1) of this section.	13969

(H) Nothing in this section affects the nature, scope, or	13970
application of any privilege of confidentiality or nondisclosure	13971
recognized under another section of the Revised Code or the common	13972
law of this state, including, without limitation, the work product	13973
doctrine and attorney-client privilege.	13974

(I) The privilege provided by this section applies only to	13975
information and communications that are part of environmental	13976
audits initiated after March 13, 1997, ~~and completed before~~	13977
~~January 1, 2014,~~ in accordance with the time frames specified in	13978
division (A) of section 3745.70 of the Revised Code.	13979

Sec. 3772.02. (A) There is hereby created the Ohio casino	13980
control commission described in Section 6(C)(1) of Article XV,	13981
Ohio Constitution.	13982

(B) The commission shall consist of seven members appointed	13983
within one month of ~~the effective date of this section~~September	13984
10, 2010, by the governor with the advice and consent of the	13985
senate. The governor shall forward all appointments to the senate	13986
within twenty-four hours.	13987

(1) Each commission member is eligible for reappointment at	13988
the discretion of the governor. No commission member shall be	13989
appointed for more than three terms in total.	13990

(2) Each commission member shall be a resident of Ohio.

13991

(3) At least one commission member shall be experienced in	13992
law enforcement and criminal investigation.	13993

(4) At least one commission member shall be a certified	13994
public accountant experienced in accounting and auditing.	13995

(5) At least one commission member shall be an attorney	13996
admitted to the practice of law in Ohio.	13997

(6) At least one commission member shall be a resident of a	13998
county where one of the casino facilities is located.	13999

(7) Not more than four commission members shall be of the	14000
same political party.	14001

(8) No commission member shall have any affiliation with an	14002
Ohio casino operator or facility.	14003

(C) Commission members shall serve four-year terms, except	14004
that when the governor makes initial appointments to the	14005
commission under this chapter, the governor shall appoint three	14006
members to serve four-year terms with not more than two such	14007
members from the same political party, two members to serve	14008
three-year terms with such members not being from the same	14009
political party, and two members to serve two-year terms with such	14010
members not being from the same political party.	14011

(D) Each commission member shall hold office from the date of	14012
appointment until the end of the term for which the member was	14013
appointed. Any member appointed to fill a vacancy occurring before	14014
the expiration of the term for which the member's predecessor was	14015
appointed shall hold office for the remainder of the unexpired	14016
term. Any member shall continue in office after the expiration	14017
date of the member's term until the member's successor takes	14018
office, or until a period of sixty days has elapsed, whichever	14019
occurs first. A vacancy in the commission membership shall be	14020
filled in the same manner as the original appointment.	14021

(E) The governor shall select one member to serve as	14022
chairperson and the commission members shall select one member	14023
from a different party than the chairperson to serve as	14024
vice-chairperson. The governor may remove and replace the	14025
chairperson at any time. No such member shall serve as chairperson	14026
for more than six successive years. The vice-chairperson shall	14027
assume the duties of the chairperson in the absence of the	14028
chairperson. The chairperson and vice-chairperson shall perform	14029
but shall not be limited to additional duties as are prescribed by	14030
commission rule.	14031

(F) A commission member is not required to devote the	14032
member's full time to membership on the commission. Each member of	14033
the commission shall receive compensation of ~~sixty~~thirty thousand	14034
dollars per year, payable in monthly installments ~~for the first~~	14035
~~four years of the commission's existence~~. Each member shall	14036
receive the member's actual and necessary expenses incurred in the	14037
discharge of the member's official duties.	14038

(G) The governor shall not appoint an individual to the	14039
commission, and an individual shall not serve on the commission,	14040
if the individual has been convicted of or pleaded guilty or no	14041
contest to a disqualifying offense as defined in section 3772.07	14042
of the Revised Code. Members coming under indictment or bill of	14043
information of a disqualifying offense shall resign from the	14044
commission immediately upon indictment.	14045

(H) At least five commission members shall be present for the	14046
commission to meet. The concurrence of four members is necessary	14047
for the commission to take any action. All members shall vote on	14048
the adoption of rules, and the approval of, and the suspension or	14049
revocation of, the licenses of casino operators or management	14050
companies, unless a member has a written leave of absence filed	14051
with and approved by the chairperson.	14052

(I) A commission member may be removed or suspended from	14053
office in accordance with section 3.04 of the Revised Code.	14054

(J) Each commission member, before entering upon the	14055
discharge of the member's official duties, shall make an oath to	14056
uphold the Ohio Constitution and laws of the state of Ohio and	14057
shall give a bond, payable by the commission, to the treasurer of	14058
state, in the sum of ten thousand dollars with sufficient sureties	14059
to be approved by the treasurer of state, which bond shall be	14060
filed with the secretary of state.	14061

(K) The commission shall hold one regular meeting each month	14062
and shall convene other meetings at the request of the chairperson	14063
or a majority of the members. A member who fails to attend at	14064
least three-fifths of the regular and special meetings of the	14065
commission during any two-year period forfeits membership on the	14066
commission. All meetings of the commission shall be open meetings	14067
under section 121.22 of the Revised Code except as otherwise	14068
allowed by law.	14069

Sec. 4121.02. (A) There is hereby created the industrial	14070
commission. The commission shall consist of three members	14071
appointed by the governor, with the advice and consent of the	14072
senate. One member shall be an individual who, on account of the	14073
individual's previous vocation, employment, or affiliations, can	14074
be classed as a representative of employers; one shall be an	14075
individual who, on account of the individual's previous vocation,	14076
employment, or affiliations, can be classed as a representative of	14077
employees; and one shall be an individual who, on account of the	14078
individual's previous vocation, employment, or affiliations, can	14079
be classed as a representative of the public. Each member shall	14080
have six or more years of recognized expertise in the field of	14081
workers' compensation, and at least one member shall be an	14082
attorney registered to practice law in this state. No more than	14083
two members of the industrial commission shall belong to or be	14084
affiliated with the same political party.	14085

(B) Within thirty days after the industrial commission	14086
nominating council submits its list to the governor under division	14087
(D) of this section, the governor shall make initial appointments	14088
to the commission. Of the initial appointments, the member who is	14089
a representative of employees shall serve a term ending on June	14090
30, 1995; the member who is a representative of employers shall	14091
serve a term ending on June 30, 1997; and the member who is a	14092
representative of the public shall serve a term ending on June 30,	14093
1999. Thereafter, terms of office are for six years, beginning on	14094
the first day of July and ending on the thirtieth day of June.	14095

(C) Each member shall hold office from the date of the	14096
member's confirmation by the senate, as provided in division (E)	14097
of this section, until the end of the term for which the member	14098
was appointed, except that if a member has not been appointed by	14099
the end of the term, the member shall remain in office until the	14100
member's successor takes office, or until a period of sixty days	14101
has elapsed, whichever occurs first. However, if a member is	14102
appointed to fill a full term subsequent to an initial	14103
appointment, the term of office is as provided in division (B) of	14104
this section. The governor shall not appoint any person to more	14105
than two full six-year terms of office on the commission. This	14106
restriction does not prevent the governor from appointing a person	14107
to fill a vacancy caused by death, resignation, or removal of a	14108
commission member, or from appointing that person twice to full	14109
terms on the commission, or from appointing a person previously	14110
appointed to fill less than a full term twice to full terms on the	14111
commission. Except for the public member's tenure as chairperson	14112
of the self-insuring employer's evaluation board, a member of the	14113
commission shall hold no other ~~public~~ office ~~or position~~ of trust	14114
or profit, engage in any other occupation or business, or serve on	14115
any committee of any political party and shall devote full time to	14116
the member's duties as a member of the commission.	14117

(D) In making appointments to the commission, the governor	14118
shall select the members from the list of the names submitted by	14119
the industrial commission nominating council pursuant to this	14120
division. Within thirty days after ~~the effective date of this~~	14121
~~section~~October 20, 1993, the nominating council shall submit to	14122
the governor for the initial appointments a list containing three	14123
separate names for the employer, employee, and public members to	14124
be filled. Within seven days of the submission of the initial	14125
list, the governor shall either appoint individuals from the list	14126
or request the nominating council to submit another list of three	14127
names for each member the governor has not appointed from the	14128
original list, which list the nominating council shall submit to	14129
the governor within seven days of the governor's request. The	14130
governor then shall appoint, within seven days of the submission	14131
of the second list, individuals from either list to fill each	14132
position for which the governor has not made an appointment from	14133
the original list. Thereafter, within sixty days of a vacancy	14134
occurring as a result of the expiration of a term and within	14135
thirty days after other vacancies occurring on the commission, the	14136
nominating council shall submit an initial list containing three	14137
names for each vacancy. Within seven days of the submission of the	14138
initial list, the governor shall either appoint individuals from	14139
the list or request the nominating council to submit another list	14140
of three names for each member the governor has not appointed from	14141
the original list, which list the nominating council shall submit	14142
to the governor within fourteen days of the governor's request.	14143
The governor then shall appoint, within seven days of the	14144
submission of the second list, one of the individuals from either	14145
list to fill the vacancy for which the governor has not made an	14146
appointment from the original list. In order for a name of an	14147
individual to be submitted to the governor under this division,	14148
the nominating council shall approve the individual by an	14149
affirmative vote of not less than two-thirds of its members.	14150

(E) The governor shall notify the senate of the names of the	14151
individuals for whom the governor is making the initial	14152
appointments to the commission within thirty days after the	14153
submission of the names to the governor by the industrial	14154
commission nominating council under division (D) of this section.	14155
For appointments subsequent to the initial appointments under this	14156
division, if the appointment is to fill a member's term which is	14157
to expire, the governor shall notify the senate of the name of the	14158
individual to be appointed to fill that position by no later than	14159
the first day of June of the year that the term is to expire. For	14160
subsequent appointments to fill a vacancy on the commission	14161
occurring as a result of the death, resignation, or removal of the	14162
commission member, the governor shall notify the senate of the	14163
name of the individual to be appointed to fill the remainder of	14164
that term within thirty days after the submission of the names to	14165
the governor by the nominating council under division (D) of this	14166
section. For all appointments, the senate shall refer the matter	14167
to an appropriate standing committee for consideration of the	14168
appointments, and the committee shall hold a public hearing to	14169
consider the appointments. After conclusion of the public hearing,	14170
the standing committee shall make its recommendations to the	14171
senate. The senate shall not confirm any appointee if the	14172
individual does not meet the qualifications of division (A) of	14173
this section or if the individual has not been approved by the	14174
industrial commission nominating council as provided in division	14175
(D) of this section. If the full senate fails to take a final vote	14176
on an appointment within thirty days after the governor submits	14177
the names to the senate under this division, the individual's	14178
appointment is deemed confirmed by the senate and the individual	14179
shall take the office of commission member subject to removal as	14180
provided in division (F) of this section.	14181

(F) The governor may remove or suspend a member of the	14182
commission pursuant to section 3.04 of the Revised Code. The	14183
governor shall notify the senate of any decision to remove or	14184
suspend a commission member. The senate shall refer the matter to	14185
an appropriate standing committee for consideration and the	14186
committee shall hold a public hearing to consider the matter. At	14187
the hearing, the governor or the governor's authorized	14188
representative may present evidence and give testimony in support	14189
of the decision. The commission member or the member's authorized	14190
representatives may appear and present evidence and testimony.	14191
After conclusion of the public hearing, the committee shall make	14192
its recommendation to the senate.	14193

Upon receipt of a recommendation from the standing committee,	14194
the senate shall vote on the issue of whether to advise and	14195
consent to the removal or suspension of the member. The senate	14196
shall vote on the matter within sixty legislative days from the	14197
date the governor communicates the decision to remove or suspend	14198
the member.	14199

(G) The governor shall determine the compensation of the	14200
members of the commission, based upon such facts as the governor	14201
considers appropriate, provided that the salary of each member	14202
shall be no less than seventy-five thousand dollars per year. In	14203
addition, each commission member shall receive an annual salary	14204
increase based upon the average salary increases of other state	14205
department directors for that year, not to exceed five per cent	14206
per year.	14207

(H) Before entering upon the duties of office, each member	14208
shall take and subscribe to the constitutional oath of office and	14209
swear and affirm that the member holds no position under any	14210
committee of a political party, which oath or affirmation the	14211
member shall file in the office of the governor. Each member shall	14212
give a bond in the sum of fifty thousand dollars, which bond shall	14213
be approved by the governor and filed with the treasurer of state.	14214
All employees or deputies of the commission who receive or	14215
disburse state funds shall give a bond to the state in the amounts	14216
and surety approved by the industrial commission.	14217

(I) As used in this section only, "office of trust or profit"	14218
means:	14219

(1) A federal or state elective office or an elected office	14220
of a political subdivision of the state;	14221

(2) A position on a board or commission of the state that is	14222
appointed by the governor;	14223

(3) An office set forth in section 121.03, 121.04, or 121.05	14224
of the Revised Code;	14225

(4) An office of the government of the United States that is	14226
appointed by the president of the United States.	14227

Sec. 4121.443. Each contract the administrator of workers'	14228
compensation enters into with a managed care organization under	14229
division (B)(4) of section 4121.44 of the Revised Code shall	14230
require the managed care organization to enter into a data	14231
security agreement with the state board of pharmacy governing the	14232
managed care organization's use of the board's drug database	14233
established and maintained under section 4729.75 of the Revised	14234
Code.	14235

This section does not apply if the board no longer maintains	14236
the drug database.	14237

Sec. 4141.01. As used in this chapter, unless the context	14238
otherwise requires:	14239

(A)(1) "Employer" means the state, its instrumentalities, its	14240
political subdivisions and their instrumentalities, Indian tribes,	14241
and any individual or type of organization including any	14242
partnership, limited liability company, association, trust,	14243
estate, joint-stock company, insurance company, or corporation,	14244
whether domestic or foreign, or the receiver, trustee in	14245
bankruptcy, trustee, or the successor thereof, or the legal	14246
representative of a deceased person who subsequent to December 31,	14247
1971, or in the case of political subdivisions or their	14248
instrumentalities, subsequent to December 31, 1973:	14249

(a) Had in employment at least one individual, or in the case	14250
of a nonprofit organization, subsequent to December 31, 1973, had	14251
not less than four individuals in employment for some portion of a	14252
day in each of twenty different calendar weeks, in either the	14253
current or the preceding calendar year whether or not the same	14254
individual was in employment in each such day; or	14255

(b) Except for a nonprofit organization, had paid for service	14256
in employment wages of fifteen hundred dollars or more in any	14257
calendar quarter in either the current or preceding calendar year;	14258
or	14259

(c) Had paid, subsequent to December 31, 1977, for employment	14260
in domestic service in a local college club, or local chapter of a	14261
college fraternity or sorority, cash remuneration of one thousand	14262
dollars or more in any calendar quarter in the current calendar	14263
year or the preceding calendar year, or had paid subsequent to	14264
December 31, 1977, for employment in domestic service in a private	14265
home cash remuneration of one thousand dollars in any calendar	14266
quarter in the current calendar year or the preceding calendar	14267
year:	14268

(i) For the purposes of divisions (A)(1)(a) and (b) of this	14269
section, there shall not be taken into account any wages paid to,	14270
or employment of, an individual performing domestic service as	14271
described in this division.	14272

(ii) An employer under this division shall not be an employer	14273
with respect to wages paid for any services other than domestic	14274
service unless the employer is also found to be an employer under	14275
division (A)(1)(a), (b), or (d) of this section.	14276

(d) As a farm operator or a crew leader subsequent to	14277
December 31, 1977, had in employment individuals in agricultural	14278
labor; and	14279

(i) During any calendar quarter in the current calendar year	14280
or the preceding calendar year, paid cash remuneration of twenty	14281
thousand dollars or more for the agricultural labor; or	14282

(ii) Had at least ten individuals in employment in	14283
agricultural labor, not including agricultural workers who are	14284
aliens admitted to the United States to perform agricultural labor	14285
pursuant to sections 1184(c) and 1101(a)(15)(H) of the	14286
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A.	14287
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each	14288
of the twenty different calendar weeks, in either the current or	14289
preceding calendar year whether or not the same individual was in	14290
employment in each day; or	14291

(e) Is not otherwise an employer as defined under division	14292
(A)(1)(a) or (b) of this section; and	14293

(i) For which, within either the current or preceding	14294
calendar year, service, except for domestic service in a private	14295
home not covered under division (A)(1)(c) of this section, is or	14296
was performed with respect to which such employer is liable for	14297
any federal tax against which credit may be taken for	14298
contributions required to be paid into a state unemployment fund;	14299

(ii) Which, as a condition for approval of this chapter for	14300
full tax credit against the tax imposed by the "Federal	14301
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	14302
required, pursuant to such act to be an employer under this	14303
chapter; or	14304

(iii) Who became an employer by election under division	14305
(A)(4) or (5) of this section and for the duration of such	14306
election; or	14307

(f) In the case of the state, its instrumentalities, its	14308
political subdivisions, and their instrumentalities, and Indian	14309
tribes, had in employment, as defined in divisions (B)(2)(a) and	14310
(B)(2)(l) of this section, at least one individual;	14311

(g) For the purposes of division (A)(1)(a) of this section,	14312
if any week includes both the thirty-first day of December and the	14313
first day of January, the days of that week before the first day	14314
of January shall be considered one calendar week and the days	14315
beginning the first day of January another week.	14316

(2) Each individual employed to perform or to assist in	14317
performing the work of any agent or employee of an employer is	14318
employed by such employer for all the purposes of this chapter,	14319
whether such individual was hired or paid directly by such	14320
employer or by such agent or employee, provided the employer had	14321
actual or constructive knowledge of the work. All individuals	14322
performing services for an employer of any person in this state	14323
who maintains two or more establishments within this state are	14324
employed by a single employer for the purposes of this chapter.	14325

(3) An employer subject to this chapter within any calendar	14326
year is subject to this chapter during the whole of such year and	14327
during the next succeeding calendar year.	14328

(4) An employer not otherwise subject to this chapter who	14329
files with the director of job and family services a written	14330
election to become an employer subject to this chapter for not	14331
less than two calendar years shall, with the written approval of	14332
such election by the director, become an employer subject to this	14333
chapter to the same extent as all other employers as of the date	14334
stated in such approval, and shall cease to be subject to this	14335
chapter as of the first day of January of any calendar year	14336
subsequent to such two calendar years only if at least thirty days	14337
prior to such first day of January the employer has filed with the	14338
director a written notice to that effect.	14339

(5) Any employer for whom services that do not constitute	14340
employment are performed may file with the director a written	14341
election that all such services performed by individuals in the	14342
employer's employ in one or more distinct establishments or places	14343
of business shall be deemed to constitute employment for all the	14344
purposes of this chapter, for not less than two calendar years.	14345
Upon written approval of the election by the director, such	14346
services shall be deemed to constitute employment subject to this	14347
chapter from and after the date stated in such approval. Such	14348
services shall cease to be employment subject to this chapter as	14349
of the first day of January of any calendar year subsequent to	14350
such two calendar years only if at least thirty days prior to such	14351
first day of January such employer has filed with the director a	14352
written notice to that effect.	14353

(B)(1) "Employment" means service performed by an individual	14354
for remuneration under any contract of hire, written or oral,	14355
express or implied, including service performed in interstate	14356
commerce and service performed by an officer of a corporation,	14357
without regard to whether such service is executive, managerial,	14358
or manual in nature, and without regard to whether such officer is	14359
a stockholder or a member of the board of directors of the	14360
corporation, unless it is shown to the satisfaction of the	14361
director that such individual has been and will continue to be	14362
free from direction or control over the performance of such	14363
service, both under a contract of service and in fact. The	14364
director shall adopt rules to define "direction or control."	14365

(2) "Employment" includes:

14366

(a) Service performed after December 31, 1977, by an	14367
individual in the employ of the state or any of its	14368
instrumentalities, or any political subdivision thereof or any of	14369
its instrumentalities or any instrumentality of more than one of	14370
the foregoing or any instrumentality of any of the foregoing and	14371
one or more other states or political subdivisions and without	14372
regard to divisions (A)(1)(a) and (b) of this section, provided	14373
that such service is excluded from employment as defined in the	14374
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	14375
3306(c)(7) and is not excluded under division (B)(3) of this	14376
section; or the services of employees covered by voluntary	14377
election, as provided under divisions (A)(4) and (5) of this	14378
section;	14379

(b) Service performed after December 31, 1971, by an	14380
individual in the employ of a religious, charitable, educational,	14381
or other organization which is excluded from the term "employment"	14382
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	14383
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	14384
3306(c)(8) of that act and is not excluded under division (B)(3)	14385
of this section;	14386

(c) Domestic service performed after December 31, 1977, for	14387
an employer, as provided in division (A)(1)(c) of this section;	14388

(d) Agricultural labor performed after December 31, 1977, for	14389
a farm operator or a crew leader, as provided in division	14390
(A)(1)(d) of this section;	14391

(e) Service not covered under division (B)(1) of this section	14392
which is performed after December 31, 1971:	14393

(i) As an agent-driver or commission-driver engaged in	14394
distributing meat products, vegetable products, fruit products,	14395
bakery products, beverages other than milk, laundry, or	14396
dry-cleaning services, for the individual's employer or principal;	14397

(ii) As a traveling or city salesperson, other than as an	14398
agent-driver or commission-driver, engaged on a full-time basis in	14399
the solicitation on behalf of and in the transmission to the	14400
salesperson's employer or principal except for sideline sales	14401
activities on behalf of some other person of orders from	14402
wholesalers, retailers, contractors, or operators of hotels,	14403
restaurants, or other similar establishments for merchandise for	14404
resale, or supplies for use in their business operations, provided	14405
that for the purposes of division (B)(2)(e)(ii) of this section,	14406
the services shall be deemed employment if the contract of service	14407
contemplates that substantially all of the services are to be	14408
performed personally by the individual and that the individual	14409
does not have a substantial investment in facilities used in	14410
connection with the performance of the services other than in	14411
facilities for transportation, and the services are not in the	14412
nature of a single transaction that is not a part of a continuing	14413
relationship with the person for whom the services are performed.	14414

(f) An individual's entire service performed within or both	14415
within and without the state if:	14416

(i) The service is localized in this state.

14417

(ii) The service is not localized in any state, but some of	14418
the service is performed in this state and either the base of	14419
operations, or if there is no base of operations then the place	14420
from which such service is directed or controlled, is in this	14421
state or the base of operations or place from which such service	14422
is directed or controlled is not in any state in which some part	14423
of the service is performed but the individual's residence is in	14424
this state.	14425

(g) Service not covered under division (B)(2)(f)(ii) of this	14426
section and performed entirely without this state, with respect to	14427
no part of which contributions are required and paid under an	14428
unemployment compensation law of any other state, the Virgin	14429
Islands, Canada, or of the United States, if the individual	14430
performing such service is a resident of this state and the	14431
director approves the election of the employer for whom such	14432
services are performed; or, if the individual is not a resident of	14433
this state but the place from which the service is directed or	14434
controlled is in this state, the entire services of such	14435
individual shall be deemed to be employment subject to this	14436
chapter, provided service is deemed to be localized within this	14437
state if the service is performed entirely within this state or if	14438
the service is performed both within and without this state but	14439
the service performed without this state is incidental to the	14440
individual's service within the state, for example, is temporary	14441
or transitory in nature or consists of isolated transactions;	14442

(h) Service of an individual who is a citizen of the United	14443
States, performed outside the United States except in Canada after	14444
December 31, 1971, or the Virgin Islands, after December 31, 1971,	14445
and before the first day of January of the year following that in	14446
which the United States secretary of labor approves the Virgin	14447
Islands law for the first time, in the employ of an American	14448
employer, other than service which is "employment" under divisions	14449
(B)(2)(f) and (g) of this section or similar provisions of another	14450
state's law, if:	14451

(i) The employer's principal place of business in the United	14452
States is located in this state;	14453

(ii) The employer has no place of business in the United	14454
States, but the employer is an individual who is a resident of	14455
this state; or the employer is a corporation which is organized	14456
under the laws of this state, or the employer is a partnership or	14457
a trust and the number of partners or trustees who are residents	14458
of this state is greater than the number who are residents of any	14459
other state; or	14460

(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)	14461
of this section is met but the employer has elected coverage in	14462
this state or the employer having failed to elect coverage in any	14463
state, the individual has filed a claim for benefits, based on	14464
such service, under this chapter.	14465

(i) For the purposes of division (B)(2)(h) of this section,	14466
the term "American employer" means an employer who is an	14467
individual who is a resident of the United States; or a	14468
partnership, if two-thirds or more of the partners are residents	14469
of the United States; or a trust, if all of the trustees are	14470
residents of the United States; or a corporation organized under	14471
the laws of the United States or of any state, provided the term	14472
"United States" includes the states, the District of Columbia, the	14473
Commonwealth of Puerto Rico, and the Virgin Islands.	14474

(j) Notwithstanding any other provisions of divisions (B)(1)	14475
and (2) of this section, service, except for domestic service in a	14476
private home not covered under division (A)(1)(c) of this section,	14477
with respect to which a tax is required to be paid under any	14478
federal law imposing a tax against which credit may be taken for	14479
contributions required to be paid into a state unemployment fund,	14480
or service, except for domestic service in a private home not	14481
covered under division (A)(1)(c) of this section, which, as a	14482
condition for full tax credit against the tax imposed by the	14483
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	14484
3311, is required to be covered under this chapter.	14485

(k) Construction services performed by any individual under a	14486
construction contract, as defined in section 4141.39 of the	14487
Revised Code, if the director determines that the employer for	14488
whom services are performed has the right to direct or control the	14489
performance of the services and that the individuals who perform	14490
the services receive remuneration for the services performed. The	14491
director shall presume that the employer for whom services are	14492
performed has the right to direct or control the performance of	14493
the services if ten or more of the following criteria apply:	14494

(i) The employer directs or controls the manner or method by	14495
which instructions are given to the individual performing	14496
services;	14497

(ii) The employer requires particular training for the	14498
individual performing services;	14499

(iii) Services performed by the individual are integrated	14500
into the regular functioning of the employer;	14501

(iv) The employer requires that services be provided by a	14502
particular individual;	14503

(v) The employer hires, supervises, or pays the wages of the	14504
individual performing services;	14505

(vi) A continuing relationship between the employer and the	14506
individual performing services exists which contemplates	14507
continuing or recurring work, even if not full-time work;	14508

(vii) The employer requires the individual to perform	14509
services during established hours;	14510

(viii) The employer requires that the individual performing	14511
services be devoted on a full-time basis to the business of the	14512
employer;	14513

(ix) The employer requires the individual to perform services	14514
on the employer's premises;	14515

(x) The employer requires the individual performing services	14516
to follow the order of work established by the employer;	14517

(xi) The employer requires the individual performing services	14518
to make oral or written reports of progress;	14519

(xii) The employer makes payment to the individual for	14520
services on a regular basis, such as hourly, weekly, or monthly;	14521

(xiii) The employer pays expenses for the individual	14522
performing services;	14523

(xiv) The employer furnishes the tools and materials for use	14524
by the individual to perform services;	14525

(xv) The individual performing services has not invested in	14526
the facilities used to perform services;	14527

(xvi) The individual performing services does not realize a	14528
profit or suffer a loss as a result of the performance of the	14529
services;	14530

(xvii) The individual performing services is not performing	14531
services for more than two employers simultaneously;	14532

(xviii) The individual performing services does not make the	14533
services available to the general public;	14534

(xix) The employer has a right to discharge the individual	14535
performing services;	14536

(xx) The individual performing services has the right to end	14537
the individual's relationship with the employer without incurring	14538
liability pursuant to an employment contract or agreement.	14539

(l) Service performed by an individual in the employ of an	14540
Indian tribe as defined by section 4(e) of the "Indian	14541
Self-Determination and Education Assistance Act," 88 Stat. 2204	14542
(1975), 25 U.S.C.A. 450b(e), including any subdivision,	14543
subsidiary, or business enterprise wholly owned by an Indian tribe	14544
provided that the service is excluded from employment as defined	14545
in the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26	14546
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division	14547
(B)(3) of this section.	14548

(3) "Employment" does not include the following services if	14549
they are found not subject to the "Federal Unemployment Tax Act,"	14550
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	14551
are not required to be included under division (B)(2)(j) of this	14552
section:	14553

(a) Service performed after December 31, 1977, in	14554
agricultural labor, except as provided in division (A)(1)(d) of	14555
this section;	14556

(b) Domestic service performed after December 31, 1977, in a	14557
private home, local college club, or local chapter of a college	14558
fraternity or sorority except as provided in division (A)(1)(c) of	14559
this section;	14560

(c) Service performed after December 31, 1977, for this state	14561
or a political subdivision as described in division (B)(2)(a) of	14562
this section when performed:	14563

(i) As a publicly elected official;

14564

(ii) As a member of a legislative body, or a member of the	14565
judiciary;	14566

(iii) As a military member of the Ohio national guard;

14567

(iv) As an employee, not in the classified service as defined	14568
in section 124.11 of the Revised Code, serving on a temporary	14569
basis in case of fire, storm, snow, earthquake, flood, or similar	14570
emergency;	14571

(v) In a position which, under or pursuant to law, is	14572
designated as a major nontenured policymaking or advisory	14573
position, not in the classified service of the state, or a	14574
policymaking or advisory position the performance of the duties of	14575
which ordinarily does not require more than eight hours per week.	14576

(d) In the employ of any governmental unit or instrumentality	14577
of the United States;	14578

(e) Service performed after December 31, 1971:

14579

(i) Service in the employ of an educational institution or	14580
institution of higher education, including those operated by the	14581
state or a political subdivision, if such service is performed by	14582
a student who is enrolled and is regularly attending classes at	14583
the educational institution or institution of higher education; or	14584

(ii) By an individual who is enrolled at a nonprofit or	14585
public educational institution which normally maintains a regular	14586
faculty and curriculum and normally has a regularly organized body	14587
of students in attendance at the place where its educational	14588
activities are carried on as a student in a full-time program,	14589
taken for credit at the institution, which combines academic	14590
instruction with work experience, if the service is an integral	14591
part of the program, and the institution has so certified to the	14592
employer, provided that this subdivision shall not apply to	14593
service performed in a program established for or on behalf of an	14594
employer or group of employers.	14595

(f) Service performed by an individual in the employ of the	14596
individual's son, daughter, or spouse and service performed by a	14597
child under the age of eighteen in the employ of the child's	14598
father or mother;	14599

(g) Service performed for one or more principals by an	14600
individual who is compensated on a commission basis, who in the	14601
performance of the work is master of the individual's own time and	14602
efforts, and whose remuneration is wholly dependent on the amount	14603
of effort the individual chooses to expend, and which service is	14604
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	14605
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December	14606
31, 1971:	14607

(i) By an individual for an employer as an insurance agent or	14608
as an insurance solicitor, if all this service is performed for	14609
remuneration solely by way of commission;	14610

(ii) As a home worker performing work, according to	14611
specifications furnished by the employer for whom the services are	14612
performed, on materials or goods furnished by such employer which	14613
are required to be returned to the employer or to a person	14614
designated for that purpose.	14615

(h) Service performed after December 31, 1971:

14616

(i) In the employ of a church or convention or association of	14617
churches, or in an organization which is operated primarily for	14618
religious purposes and which is operated, supervised, controlled,	14619
or principally supported by a church or convention or association	14620
of churches;	14621

(ii) By a duly ordained, commissioned, or licensed minister	14622
of a church in the exercise of the individual's ministry or by a	14623
member of a religious order in the exercise of duties required by	14624
such order; or	14625

(iii) In a facility conducted for the purpose of carrying out	14626
a program of rehabilitation for individuals whose earning capacity	14627
is impaired by age or physical or mental deficiency or injury, or	14628
providing remunerative work for individuals who because of their	14629
impaired physical or mental capacity cannot be readily absorbed in	14630
the competitive labor market, by an individual receiving such	14631
rehabilitation or remunerative work.	14632

(i) Service performed after June 30, 1939, with respect to	14633
which unemployment compensation is payable under the "Railroad	14634
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	14635

(j) Service performed by an individual in the employ of any	14636
organization exempt from income tax under section 501 of the	14637
"Internal Revenue Code of 1954," if the remuneration for such	14638
service does not exceed fifty dollars in any calendar quarter, or	14639
if such service is in connection with the collection of dues or	14640
premiums for a fraternal beneficial society, order, or association	14641
and is performed away from the home office or is ritualistic	14642
service in connection with any such society, order, or	14643
association;	14644

(k) Casual labor not in the course of an employer's trade or	14645
business; incidental service performed by an officer, appraiser,	14646
or member of a finance committee of a bank, building and loan	14647
association, savings and loan association, or savings association	14648
when the remuneration for such incidental service exclusive of the	14649
amount paid or allotted for directors' fees does not exceed sixty	14650
dollars per calendar quarter is casual labor;	14651

(l) Service performed in the employ of a voluntary employees'	14652
beneficial association providing for the payment of life,	14653
sickness, accident, or other benefits to the members of such	14654
association or their dependents or their designated beneficiaries,	14655
if admission to a membership in such association is limited to	14656
individuals who are officers or employees of a municipal or public	14657
corporation, of a political subdivision of the state, or of the	14658
United States and no part of the net earnings of such association	14659
inures, other than through such payments, to the benefit of any	14660
private shareholder or individual;	14661

(m) Service performed by an individual in the employ of a	14662
foreign government, including service as a consular or other	14663
officer or employee or of a nondiplomatic representative;	14664

(n) Service performed in the employ of an instrumentality	14665
wholly owned by a foreign government if the service is of a	14666
character similar to that performed in foreign countries by	14667
employees of the United States or of an instrumentality thereof	14668
and if the director finds that the secretary of state of the	14669
United States has certified to the secretary of the treasury of	14670
the United States that the foreign government, with respect to	14671
whose instrumentality exemption is claimed, grants an equivalent	14672
exemption with respect to similar service performed in the foreign	14673
country by employees of the United States and of instrumentalities	14674
thereof;	14675

(o) Service with respect to which unemployment compensation	14676
is payable under an unemployment compensation system established	14677
by an act of congress;	14678

(p) Service performed as a student nurse in the employ of a	14679
hospital or a nurses' training school by an individual who is	14680
enrolled and is regularly attending classes in a nurses' training	14681
school chartered or approved pursuant to state law, and service	14682
performed as an intern in the employ of a hospital by an	14683
individual who has completed a four years' course in a medical	14684
school chartered or approved pursuant to state law;	14685

(q) Service performed by an individual under the age of	14686
eighteen in the delivery or distribution of newspapers or shopping	14687
news, not including delivery or distribution to any point for	14688
subsequent delivery or distribution;	14689

(r) Service performed in the employ of the United States or	14690
an instrumentality of the United States immune under the	14691
Constitution of the United States from the contributions imposed	14692
by this chapter, except that to the extent that congress permits	14693
states to require any instrumentalities of the United States to	14694
make payments into an unemployment fund under a state unemployment	14695
compensation act, this chapter shall be applicable to such	14696
instrumentalities and to services performed for such	14697
instrumentalities in the same manner, to the same extent, and on	14698
the same terms as to all other employers, individuals, and	14699
services, provided that if this state is not certified for any	14700
year by the proper agency of the United States under section 3304	14701
of the "Internal Revenue Code of 1954," the payments required of	14702
such instrumentalities with respect to such year shall be refunded	14703
by the director from the fund in the same manner and within the	14704
same period as is provided in division (E) of section 4141.09 of	14705
the Revised Code with respect to contributions erroneously	14706
collected;	14707

(s) Service performed by an individual as a member of a band	14708
or orchestra, provided such service does not represent the	14709
principal occupation of such individual, and which service is not	14710
subject to or required to be covered for full tax credit against	14711
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	14712
183 (1939), 26 U.S.C.A. 3301 to 3311.	14713

(t) Service performed in the employ of a day camp whose	14714
camping season does not exceed twelve weeks in any calendar year,	14715
and which service is not subject to the "Federal Unemployment Tax	14716
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	14717
performed after December 31, 1971:	14718

(i) In the employ of a hospital, if the service is performed	14719
by a patient of the hospital, as defined in division (W) of this	14720
section;	14721

(ii) For a prison or other correctional institution by an	14722
inmate of the prison or correctional institution;	14723

(iii) Service performed after December 31, 1977, by an inmate	14724
of a custodial institution operated by the state, a political	14725
subdivision, or a nonprofit organization.	14726

(u) Service that is performed by a nonresident alien	14727
individual for the period the individual temporarily is present in	14728
the United States as a nonimmigrant under division (F), (J), (M),	14729
or (Q) of section 101(a)(15) of the "Immigration and Nationality	14730
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	14731
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	14732
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	14733

(v) Notwithstanding any other provisions of division (B)(3)	14734
of this section, services that are excluded under divisions	14735
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	14736
from employment when performed for a nonprofit organization, as	14737
defined in division (X) of this section, or for this state or its	14738
instrumentalities, or for a political subdivision or its	14739
instrumentalities or for Indian tribes;	14740

(w) Service that is performed by an individual working as an	14741
election official or election worker if the amount of remuneration	14742
received by the individual during the calendar year for services	14743
as an election official or election worker is less than one	14744
thousand dollars;	14745

(x) Service performed for an elementary or secondary school	14746
that is operated primarily for religious purposes, that is	14747
described in subsection 501(c)(3) and exempt from federal income	14748
taxation under subsection 501(a) of the Internal Revenue Code, 26	14749
U.S.C.A. 501;	14750

(y) Service performed by a person committed to a penal	14751
institution.	14752

(z) Service performed for an Indian tribe as described in	14753
division (B)(2)(l) of this section when performed in any of the	14754
following manners:	14755

(i) As a publicly elected official;

14756

(ii) As a member of an Indian tribal council;

14757

(iii) As a member of a legislative or judiciary body;

14758

(iv) In a position which, pursuant to Indian tribal law, is	14759
designated as a major nontenured policymaking or advisory	14760
position, or a policymaking or advisory position where the	14761
performance of the duties ordinarily does not require more than	14762
eight hours of time per week;	14763

(v) As an employee serving on a temporary basis in the case	14764
of a fire, storm, snow, earthquake, flood, or similar emergency.	14765

(aa) Service performed after December 31, 1971, for a	14766
nonprofit organization, this state or its instrumentalities, a	14767
political subdivision or its instrumentalities, or an Indian tribe	14768
as part of an unemployment work-relief or work-training program	14769
assisted or financed in whole or in part by any federal agency or	14770
an agency of a state or political subdivision, thereof, by an	14771
individual receiving the work-relief or work-training.	14772

(bb) Participation in a learn to earn program as defined in	14773
section 4141.293 of the Revised Code.	14774

(4) If the services performed during one half or more of any	14775
pay period by an employee for the person employing that employee	14776
constitute employment, all the services of such employee for such	14777
period shall be deemed to be employment; but if the services	14778
performed during more than one half of any such pay period by an	14779
employee for the person employing that employee do not constitute	14780
employment, then none of the services of such employee for such	14781
period shall be deemed to be employment. As used in division	14782
(B)(4) of this section, "pay period" means a period, of not more	14783
than thirty-one consecutive days, for which payment of	14784
remuneration is ordinarily made to the employee by the person	14785
employing that employee. Division (B)(4) of this section does not	14786
apply to services performed in a pay period by an employee for the	14787
person employing that employee, if any of such service is excepted	14788
by division (B)(3)(o) of this section.	14789

(C) "Benefits" means money payments payable to an individual	14790
who has established benefit rights, as provided in this chapter,	14791
for loss of remuneration due to the individual's unemployment.	14792

(D) "Benefit rights" means the weekly benefit amount and the	14793
maximum benefit amount that may become payable to an individual	14794
within the individual's benefit year as determined by the	14795
director.	14796

(E) "Claim for benefits" means a claim for waiting period or	14797
benefits for a designated week.	14798

(F) "Additional claim" means the first claim for benefits	14799
filed following any separation from employment during a benefit	14800
year; "continued claim" means any claim other than the first claim	14801
for benefits and other than an additional claim.	14802

(G)(1) "Wages" means remuneration paid to an employee by each	14803
of the employee's employers with respect to employment; except	14804
that wages shall not include that part of remuneration paid during	14805
any calendar year to an individual by an employer or such	14806
employer's predecessor in interest in the same business or	14807
enterprise, which in any calendar year is in excess of eight	14808
thousand two hundred fifty dollars on and after January 1, 1992;	14809
eight thousand five hundred dollars on and after January 1, 1993;	14810
eight thousand seven hundred fifty dollars on and after January 1,	14811
1994; and nine thousand dollars on and after January 1, 1995.	14812
Remuneration in excess of such amounts shall be deemed wages	14813
subject to contribution to the same extent that such remuneration	14814
is defined as wages under the "Federal Unemployment Tax Act," 84	14815
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	14816
remuneration paid an employee by an employer with respect to	14817
employment in another state, upon which contributions were	14818
required and paid by such employer under the unemployment	14819
compensation act of such other state, shall be included as a part	14820
of remuneration in computing the amount specified in this	14821
division.	14822

(2) Notwithstanding division (G)(1) of this section, if, as	14823
of the computation date for any calendar year, the director	14824
determines that the level of the unemployment compensation fund is	14825
sixty per cent or more below the minimum safe level as defined in	14826
section 4141.25 of the Revised Code, then, effective the first day	14827
of January of the following calendar year, wages subject to this	14828
chapter shall not include that part of remuneration paid during	14829
any calendar year to an individual by an employer or such	14830
employer's predecessor in interest in the same business or	14831
enterprise which is in excess of nine thousand dollars. The	14832
increase in the dollar amount of wages subject to this chapter	14833
under this division shall remain in effect from the date of the	14834
director's determination pursuant to division (G)(2) of this	14835
section and thereafter notwithstanding the fact that the level in	14836
the fund may subsequently become less than sixty per cent below	14837
the minimum safe level.	14838

(H)(1) "Remuneration" means all compensation for personal	14839
services, including commissions and bonuses and the cash value of	14840
all compensation in any medium other than cash, except that in the	14841
case of agricultural or domestic service, "remuneration" includes	14842
only cash remuneration. Gratuities customarily received by an	14843
individual in the course of the individual's employment from	14844
persons other than the individual's employer and which are	14845
accounted for by such individual to the individual's employer are	14846
taxable wages.	14847

The reasonable cash value of compensation paid in any medium	14848
other than cash shall be estimated and determined in accordance	14849
with rules prescribed by the director, provided that	14850
"remuneration" does not include:	14851

(a) Payments as provided in divisions (b)(2) to (b)~~(16)~~(20)	14852
of section 3306 of the "Federal Unemployment Tax Act," 84 Stat.	14853
713, 26 U.S.C.A. 3301 to 3311, as amended;	14854

(b) The payment by an employer, without deduction from the	14855
remuneration of the individual in the employer's employ, of the	14856
tax imposed upon an individual in the employer's employ under	14857
section 3101 of the "Internal Revenue Code of 1954," with respect	14858
to services performed after October 1, 1941.	14859

(2) "Cash remuneration" means all remuneration paid in cash,	14860
including commissions and bonuses, but not including the cash	14861
value of all compensation in any medium other than cash.	14862

(I) "Interested party" means the director and any party to	14863
whom notice of a determination of an application for benefit	14864
rights or a claim for benefits is required to be given under	14865
section 4141.28 of the Revised Code.	14866

(J) "Annual payroll" means the total amount of wages subject	14867
to contributions during a twelve-month period ending with the last	14868
day of the second calendar quarter of any calendar year.	14869

(K) "Average annual payroll" means the average of the last	14870
three annual payrolls of an employer, provided that if, as of any	14871
computation date, the employer has had less than three annual	14872
payrolls in such three-year period, such average shall be based on	14873
the annual payrolls which the employer has had as of such date.	14874

(L)(1) "Contributions" means the money payments to the state	14875
unemployment compensation fund required of employers by section	14876
4141.25 of the Revised Code and of the state and any of its	14877
political subdivisions electing to pay contributions under section	14878
4141.242 of the Revised Code. Employers paying contributions shall	14879
be described as "contributory employers."	14880

(2) "Payments in lieu of contributions" means the money	14881
payments to the state unemployment compensation fund required of	14882
reimbursing employers under sections 4141.241 and 4141.242 of the	14883
Revised Code.	14884

(M) An individual is "totally unemployed" in any week during	14885
which the individual performs no services and with respect to such	14886
week no remuneration is payable to the individual.	14887

(N) An individual is "partially unemployed" in any week if,	14888
due to involuntary loss of work, the total remuneration payable to	14889
the individual for such week is less than the individual's weekly	14890
benefit amount.	14891

(O) "Week" means the calendar week ending at midnight	14892
Saturday unless an equivalent week of seven consecutive calendar	14893
days is prescribed by the director.	14894

(1) "Qualifying week" means any calendar week in an	14895
individual's base period with respect to which the individual	14896
earns or is paid remuneration in employment subject to this	14897
chapter. A calendar week with respect to which an individual earns	14898
remuneration but for which payment was not made within the base	14899
period, when necessary to qualify for benefit rights, may be	14900
considered to be a qualifying week. The number of qualifying weeks	14901
which may be established in a calendar quarter shall not exceed	14902
the number of calendar weeks in the quarter.	14903

(2) "Average weekly wage" means the amount obtained by	14904
dividing an individual's total remuneration for all qualifying	14905
weeks during the base period by the number of such qualifying	14906
weeks, provided that if the computation results in an amount that	14907
is not a multiple of one dollar, such amount shall be rounded to	14908
the next lower multiple of one dollar.	14909

(P) "Weekly benefit amount" means the amount of benefits an	14910
individual would be entitled to receive for one week of total	14911
unemployment.	14912

(Q)(1) "Base period" means the first four of the last five	14913
completed calendar quarters immediately preceding the first day of	14914
an individual's benefit year, except as provided in division	14915
(Q)(2) of this section.	14916

(2) If an individual does not have sufficient qualifying	14917
weeks and wages in the base period to qualify for benefit rights,	14918
the individual's base period shall be the four most recently	14919
completed calendar quarters preceding the first day of the	14920
individual's benefit year. Such base period shall be known as the	14921
"alternate base period." If information as to weeks and wages for	14922
the most recent quarter of the alternate base period is not	14923
available to the director from the regular quarterly reports of	14924
wage information, which are systematically accessible, the	14925
director may, consistent with the provisions of section 4141.28 of	14926
the Revised Code, base the determination of eligibility for	14927
benefits on the affidavit of the claimant with respect to weeks	14928
and wages for that calendar quarter. The claimant shall furnish	14929
payroll documentation, where available, in support of the	14930
affidavit. The determination based upon the alternate base period	14931
as it relates to the claimant's benefit rights, shall be amended	14932
when the quarterly report of wage information from the employer is	14933
timely received and that information causes a change in the	14934
determination. As provided in division (B) of section 4141.28 of	14935
the Revised Code, any benefits paid and charged to an employer's	14936
account, based upon a claimant's affidavit, shall be adjusted	14937
effective as of the beginning of the claimant's benefit year. No	14938
calendar quarter in a base period or alternate base period shall	14939
be used to establish a subsequent benefit year.	14940

(3) The "base period" of a combined wage claim, as described	14941
in division (H) of section 4141.43 of the Revised Code, shall be	14942
the base period prescribed by the law of the state in which the	14943
claim is allowed.	14944

(4) For purposes of determining the weeks that comprise a	14945
completed calendar quarter under this division, only those weeks	14946
ending at midnight Saturday within the calendar quarter shall be	14947
utilized.	14948

(R)(1) "Benefit year" with respect to an individual means the	14949
fifty-two week period beginning with the first day of that week	14950
with respect to which the individual first files a valid	14951
application for determination of benefit rights, and thereafter	14952
the fifty-two week period beginning with the first day of that	14953
week with respect to which the individual next files a valid	14954
application for determination of benefit rights after the	14955
termination of the individual's last preceding benefit year,	14956
except that the application shall not be considered valid unless	14957
the individual has had employment in six weeks that is subject to	14958
this chapter or the unemployment compensation act of another	14959
state, or the United States, and has, since the beginning of the	14960
individual's previous benefit year, in the employment earned three	14961
times the average weekly wage determined for the previous benefit	14962
year. The "benefit year" of a combined wage claim, as described in	14963
division (H) of section 4141.43 of the Revised Code, shall be the	14964
benefit year prescribed by the law of the state in which the claim	14965
is allowed. Any application for determination of benefit rights	14966
made in accordance with section 4141.28 of the Revised Code is	14967
valid if the individual filing such application is unemployed, has	14968
been employed by an employer or employers subject to this chapter	14969
in at least twenty qualifying weeks within the individual's base	14970
period, and has earned or been paid remuneration at an average	14971
weekly wage of not less than twenty-seven and one-half per cent of	14972
the statewide average weekly wage for such weeks. For purposes of	14973
determining whether an individual has had sufficient employment	14974
since the beginning of the individual's previous benefit year to	14975
file a valid application, "employment" means the performance of	14976
services for which remuneration is payable.	14977

(2) Effective for benefit years beginning on and after	14978
December 26, 2004, any application for determination of benefit	14979
rights made in accordance with section 4141.28 of the Revised Code	14980
is valid if the individual satisfies the criteria described in	14981
division (R)(1) of this section, and if the reason for the	14982
individual's separation from employment is not disqualifying	14983
pursuant to division (D)(2) of section 4141.29 or section 4141.291	14984
of the Revised Code. A disqualification imposed pursuant to	14985
division (D)(2) of section 4141.29 or section 4141.291 of the	14986
Revised Code must be removed as provided in those sections as a	14987
requirement of establishing a valid application for benefit years	14988
beginning on and after December 26, 2004.	14989

(3) The statewide average weekly wage shall be calculated by	14990
the director once a year based on the twelve-month period ending	14991
the thirtieth day of June, as set forth in division (B)(3) of	14992
section 4141.30 of the Revised Code, rounded down to the nearest	14993
dollar. Increases or decreases in the amount of remuneration	14994
required to have been earned or paid in order for individuals to	14995
have filed valid applications shall become effective on Sunday of	14996
the calendar week in which the first day of January occurs that	14997
follows the twelve-month period ending the thirtieth day of June	14998
upon which the calculation of the statewide average weekly wage	14999
was based.	15000

(4) As used in this division, an individual is "unemployed"	15001
if, with respect to the calendar week in which such application is	15002
filed, the individual is "partially unemployed" or "totally	15003
unemployed" as defined in this section or if, prior to filing the	15004
application, the individual was separated from the individual's	15005
most recent work for any reason which terminated the individual's	15006
employee-employer relationship, or was laid off indefinitely or	15007
for a definite period of seven or more days.	15008

(S) "Calendar quarter" means the period of three consecutive	15009
calendar months ending on the thirty-first day of March, the	15010
thirtieth day of June, the thirtieth day of September, and the	15011
thirty-first day of December, or the equivalent thereof as the	15012
director prescribes by rule.	15013

(T) "Computation date" means the first day of the third	15014
calendar quarter of any calendar year.	15015

(U) "Contribution period" means the calendar year beginning	15016
on the first day of January of any year.	15017

(V) "Agricultural labor," for the purpose of this division,	15018
means any service performed prior to January 1, 1972, which was	15019
agricultural labor as defined in this division prior to that date,	15020
and service performed after December 31, 1971:	15021

(1) On a farm, in the employ of any person, in connection	15022
with cultivating the soil, or in connection with raising or	15023
harvesting any agricultural or horticultural commodity, including	15024
the raising, shearing, feeding, caring for, training, and	15025
management of livestock, bees, poultry, and fur-bearing animals	15026
and wildlife;	15027

(2) In the employ of the owner or tenant or other operator of	15028
a farm in connection with the operation, management, conservation,	15029
improvement, or maintenance of such farm and its tools and	15030
equipment, or in salvaging timber or clearing land of brush and	15031
other debris left by hurricane, if the major part of such service	15032
is performed on a farm;	15033

(3) In connection with the production or harvesting of any	15034
commodity defined as an agricultural commodity in section 15 (g)	15035
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	15036
U.S.C. 1141j, as amended, or in connection with the ginning of	15037
cotton, or in connection with the operation or maintenance of	15038
ditches, canals, reservoirs, or waterways, not owned or operated	15039
for profit, used exclusively for supplying and storing water for	15040
farming purposes;	15041

(4) In the employ of the operator of a farm in handling,	15042
planting, drying, packing, packaging, processing, freezing,	15043
grading, storing, or delivering to storage or to market or to a	15044
carrier for transportation to market, in its unmanufactured state,	15045
any agricultural or horticultural commodity, but only if the	15046
operator produced more than one half of the commodity with respect	15047
to which such service is performed;	15048

(5) In the employ of a group of operators of farms, or a	15049
cooperative organization of which the operators are members, in	15050
the performance of service described in division (V)(4) of this	15051
section, but only if the operators produced more than one-half of	15052
the commodity with respect to which the service is performed;	15053

(6) Divisions (V)(4) and (5) of this section shall not be	15054
deemed to be applicable with respect to service performed:	15055

(a) In connection with commercial canning or commercial	15056
freezing or in connection with any agricultural or horticultural	15057
commodity after its delivery to a terminal market for distribution	15058
for consumption; or	15059

(b) On a farm operated for profit if the service is not in	15060
the course of the employer's trade or business.	15061

As used in division (V) of this section, "farm" includes	15062
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	15063
plantations, ranches, nurseries, ranges, greenhouses, or other	15064
similar structures used primarily for the raising of agricultural	15065
or horticultural commodities and orchards.	15066

(W) "Hospital" means an institution which has been registered	15067
or licensed by the Ohio department of health as a hospital.	15068

(X) "Nonprofit organization" means an organization, or group	15069
of organizations, described in section 501(c)(3) of the "Internal	15070
Revenue Code of 1954," and exempt from income tax under section	15071
501(a) of that code.	15072

(Y) "Institution of higher education" means a public or	15073
nonprofit educational institution, including an educational	15074
institution operated by an Indian tribe, which:	15075

(1) Admits as regular students only individuals having a	15076
certificate of graduation from a high school, or the recognized	15077
equivalent;	15078

(2) Is legally authorized in this state or by the Indian	15079
tribe to provide a program of education beyond high school; and	15080

(3) Provides an educational program for which it awards a	15081
bachelor's or higher degree, or provides a program which is	15082
acceptable for full credit toward such a degree, a program of	15083
post-graduate or post-doctoral studies, or a program of training	15084
to prepare students for gainful employment in a recognized	15085
occupation.	15086

For the purposes of this division, all colleges and	15087
universities in this state are institutions of higher education.	15088

(Z) For the purposes of this chapter, "states" includes the	15089
District of Columbia, the Commonwealth of Puerto Rico, and the	15090
Virgin Islands.	15091

(AA) "Alien" means, for the purposes of division (A)(1)(d) of	15092
this section, an individual who is an alien admitted to the United	15093
States to perform service in agricultural labor pursuant to	15094
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	15095
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	15096

(BB)(1) "Crew leader" means an individual who furnishes	15097
individuals to perform agricultural labor for any other employer	15098
or farm operator, and:	15099

(a) Pays, either on the individual's own behalf or on behalf	15100
of the other employer or farm operator, the individuals so	15101
furnished by the individual for the service in agricultural labor	15102
performed by them;	15103

(b) Has not entered into a written agreement with the other	15104
employer or farm operator under which the agricultural worker is	15105
designated as in the employ of the other employer or farm	15106
operator.	15107

(2) For the purposes of this chapter, any individual who is a	15108
member of a crew furnished by a crew leader to perform service in	15109
agricultural labor for any other employer or farm operator shall	15110
be treated as an employee of the crew leader if:	15111

(a) The crew leader holds a valid certificate of registration	15112
under the "Farm Labor Contractor Registration Act of 1963," 90	15113
Stat. 2668, 7 U.S.C. 2041; or	15114

(b) Substantially all the members of the crew operate or	15115
maintain tractors, mechanized harvesting or crop-dusting	15116
equipment, or any other mechanized equipment, which is provided by	15117
the crew leader; and	15118

(c) If the individual is not in the employment of the other	15119
employer or farm operator within the meaning of division (B)(1) of	15120
this section.	15121

(3) For the purposes of this division, any individual who is	15122
furnished by a crew leader to perform service in agricultural	15123
labor for any other employer or farm operator and who is not	15124
treated as in the employment of the crew leader under division	15125
(BB)(2) of this section shall be treated as the employee of the	15126
other employer or farm operator and not of the crew leader. The	15127
other employer or farm operator shall be treated as having paid	15128
cash remuneration to the individual in an amount equal to the	15129
amount of cash remuneration paid to the individual by the crew	15130
leader, either on the crew leader's own behalf or on behalf of the	15131
other employer or farm operator, for the service in agricultural	15132
labor performed for the other employer or farm operator.	15133

(CC) "Educational institution" means an institution other	15134
than an institution of higher education as defined in division (Y)	15135
of this section, including an educational institution operated by	15136
an Indian tribe, which:	15137

(1) Offers participants, trainees, or students an organized	15138
course of study or training designed to transfer to them	15139
knowledge, skills, information, doctrines, attitudes, or abilities	15140
from, by, or under the guidance of an instructor or teacher; and	15141

(2) Is approved, chartered, or issued a permit to operate as	15142
a school by the state board of education, other government agency,	15143
or Indian tribe that is authorized within the state to approve,	15144
charter, or issue a permit for the operation of a school.	15145

For the purposes of this division, the courses of study or	15146
training which the institution offers may be academic, technical,	15147
trade, or preparation for gainful employment in a recognized	15148
occupation.	15149

(DD) "Cost savings day" means any unpaid day off from work in	15150
which employees continue to accrue employee benefits which have a	15151
determinable value including, but not limited to, vacation,	15152
pension contribution, sick time, and life and health insurance.	15153

Sec. 4141.06. There is hereby created an unemployment	15154
compensation review commission consisting of three full-time	15155
members appointed by the governor, with the advice and consent of	15156
the senate. Terms of office shall be staggered and shall be for	15157
six years, commencing on the twenty-eighth day of February and	15158
ending on the twenty-seventh day of February. Each member shall	15159
hold office from the date of appointment until the end of the term	15160
for which the member was appointed. Any member appointed to fill a	15161
vacancy occurring prior to the expiration of the term for which	15162
the member's predecessor was appointed shall hold office for the	15163
remainder of such term. Any member shall continue in office	15164
subsequent to the expiration date of the member's term until the	15165
member's successor takes office, or until a period of sixty days	15166
has elapsed, whichever occurs first. The chairperson of the	15167
commission and each member shall be paid a salary fixed pursuant	15168
to section 124.14 of the Revised Code. The governor, at any time,	15169
may remove any member for inefficiency, neglect of duty,	15170
malfeasance, misfeasance, or nonfeasance in office.	15171

Not more than one of the appointees to the commission shall	15172
be a person who, on account of the appointee's previous vocation,	15173
employment, or affiliations, can be classed as a representative of	15174
employers, and not more than one of the appointees shall be a	15175
person who, on account of the appointee's previous vocation,	15176
employment, or affiliations, can be classed as a representative of	15177
employees. Not more than two of the members of the commission	15178
shall belong to the same political party. No member of the	15179
commission shall hold any ~~position~~office of trust or profit or	15180
engage in any occupation or business interfering or inconsistent	15181
with the member's duties as a member and no member shall serve on	15182
any committee of any political party. The commission shall elect a	15183
chairperson and a vice-chairperson. The vice-chairperson shall	15184
exercise the powers of the chairperson in the chairperson's	15185
absence.	15186

No commission member shall participate in the disposition of	15187
any appeal in which the member has an interest in the controversy.	15188
Challenges to the interest of any commission member may be made by	15189
any interested party defined in division (I) of section 4141.01 of	15190
the Revised Code and shall be in writing. All challenges shall be	15191
decided by the chairperson of the advisory council, who, if the	15192
challenge is found to be well taken, shall advise the governor,	15193
who shall appoint a member of the advisory council representing	15194
the same affiliations to act and receive the same compensation for	15195
serving in place of such member.	15196

The commission may appoint a secretary to hold office at its	15197
pleasure. The secretary shall have such powers and shall perform	15198
such duties as the commission prescribes and shall keep a record	15199
of the proceedings of the commission and of its determinations.	15200
The secretary shall receive a salary fixed pursuant to section	15201
124.14 of the Revised Code. Notwithstanding division (A)(8) of	15202
section 124.11 of the Revised Code, each member of the commission	15203
may appoint a private secretary who shall be in the classified	15204
service of the state and hold office at the pleasure of such	15205
member.	15206

Two members of the commission constitute a quorum and no	15207
action of the commission is valid unless it has the concurrence of	15208
at least two members. A vacancy on the commission does not impair	15209
the right of a quorum to exercise all the rights and perform all	15210
the duties of the commission.	15211

The commission and its hearing officers shall hear appeals	15212
arising from determinations of the director of job and family	15213
services involving claims for compensation and other unemployment	15214
compensation issues. The commission shall adopt, amend, or rescind	15215
rules of procedure, and undertake such investigations, and take	15216
such action required for the hearing and disposition of appeals as	15217
it deems necessary and consistent with this chapter. The rules	15218
adopted by the commission shall be effective to the extent that	15219
the rules are consistent with this chapter.	15220

The commission, subject to Chapter 124. of the Revised Code,	15221
and with the approval of the governor, shall appoint such hearing	15222
officers as are necessary. The hearing officers shall be	15223
classified by the department of administrative services. Any	15224
promotions or increases in compensation of the hearing officers	15225
may be recommended by the commission subject to classifications	15226
which are made by the department of administrative services. The	15227
members of the commission and hearing officers may conduct	15228
hearings for unemployment compensation appeals coming before the	15229
commission. The members and hearing officers may exercise all	15230
powers provided by section 4141.17 of the Revised Code.	15231

The commission, subject to Chapter 124. of the Revised Code,	15232
may employ such support personnel as are needed to carry out the	15233
duties of the commission. The salaries of such employees are fixed	15234
pursuant to section 124.14 of the Revised Code. The commission	15235
shall further provide itself and its employees with such offices,	15236
equipment, and supplies as are necessary, using those already	15237
provided for the department of job and family services wherever	15238
possible.	15239

The commission shall have access to only the records of the	15240
department of job and family services that are necessary for the	15241
administration of this chapter and needed in the performance of	15242
its official duties. The commission shall have the right to	15243
request of the director necessary information from any work unit	15244
of the department having that information.	15245

The commission shall prepare and submit to the director an	15246
annual budget financing the costs necessary to administer its	15247
duties under this chapter. The fund request shall relate to, but	15248
not be limited to, the United States department of labor's	15249
allocations for the commission's functions. The director shall	15250
approve the commission's request unless funds are insufficient to	15251
finance the request. The director shall notify the commission of	15252
the amount of funds available for its operation, as soon as	15253
possible, but not later than thirty days after receiving the	15254
allocation from the United States department of labor.	15255

In the event that the director determines that sufficient	15256
funds are not available to approve the request as submitted and a	15257
revised budget is not agreed to within thirty days of the	15258
director's notification to the commission, the director of budget	15259
and management shall review and determine the funding levels for	15260
the commission and notify the commission and the director of the	15261
determination by the director of budget and management.	15262

As used in this section only, "office of trust or profit"	15263
means:	15264

(A) A federal or state elective office or an elected office	15265
of a political subdivision of the state;	15266

(B) A position on a board or commission of the state that is	15267
appointed by the governor;	15268

(C) An office set forth in section 121.03, 121.04, or 121.05	15269
of the Revised Code;	15270

(D) An office of the government of the United States that is	15271
appointed by the president of the United States.	15272

Sec. 4141.09. (A) There is hereby created an unemployment	15273
compensation fund to be administered by the state without	15274
liability on the part of the state beyond the amounts paid into	15275
the fund and earned by the fund. The unemployment compensation	15276
fund shall consist of all contributions, payments in lieu of	15277
contributions described in sections 4141.241 and 4141.242 of the	15278
Revised Code, reimbursements of the federal share of extended	15279
benefits described in section 4141.301 of the Revised Code,	15280
collected under sections 4141.01 to 4141.56 of the Revised Code,	15281
and the amount required under division (A)(4) of section 4141.35	15282
of the Revised Code, together with all interest earned upon any	15283
moneys deposited with the secretary of the treasury of the United	15284
States to the credit of the account of this state in the	15285
unemployment trust fund established and maintained pursuant to	15286
section 904 of the "Social Security Act," any property or	15287
securities acquired through the use of moneys belonging to the	15288
fund, and all earnings of such property or securities. The	15289
unemployment compensation fund shall be used to pay benefits,	15290
shared work compensation as defined in section 4141.50 of the	15291
Revised Code, and refunds as provided by such sections and for no	15292
other purpose.	15293

(B) The treasurer of state shall be the custodian of the	15294
unemployment compensation fund and shall administer such fund in	15295
accordance with the directions of the director of job and family	15296
services. All disbursements therefrom shall be paid by the	15297
treasurer of state on warrants drawn by the director. Such	15298
warrants may bear the facsimile signature of the director printed	15299
thereon and that of a deputy or other employee of the director	15300
charged with the duty of keeping the account of the unemployment	15301
compensation fund and with the preparation of warrants for the	15302
payment of benefits to the persons entitled thereto. Moneys in the	15303
clearing and benefit accounts shall not be commingled with other	15304
state funds, except as provided in division (C) of this section,	15305
but shall be maintained in separate accounts on the books of the	15306
depositary bank. Such money shall be secured by the depositary	15307
bank to the same extent and in the same manner as required by	15308
sections 135.01 to 135.21 of the Revised Code; and collateral	15309
pledged for this purpose shall be kept separate and distinct from	15310
any collateral pledged to secure other funds of this state. All	15311
sums recovered for losses sustained by the unemployment	15312
compensation fund shall be deposited therein. The treasurer of	15313
state shall be liable on the treasurer's official bond for the	15314
faithful performance of the treasurer's duties in connection with	15315
the unemployment compensation fund, such liability to exist in	15316
addition to any liability upon any separate bond.	15317

(C) The treasurer of state shall maintain within the	15318
unemployment compensation fund three separate accounts which shall	15319
be a clearing account, a trust fund account, and a benefit	15320
account. All moneys payable to the unemployment compensation fund,	15321
upon receipt by the director, shall be forwarded to the treasurer	15322
of state, who shall immediately deposit them in the clearing	15323
account. Refunds of contributions, or payments in lieu of	15324
contributions, payable pursuant to division (E) of this section	15325
may be paid from the clearing account upon warrants signed by a	15326
deputy or other employee of the director charged with the duty of	15327
keeping the record of the clearing account and with the	15328
preparation of warrants for the payment of refunds to persons	15329
entitled thereto. After clearance thereof, all moneys in the	15330
clearing account shall be deposited with the secretary of the	15331
treasury of the United States to the credit of the account of this	15332
state in the unemployment trust fund established and maintained	15333
pursuant to section 904 of the "Social Security Act," in	15334
accordance with requirements of the "Federal Unemployment Tax	15335
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301, 3304(a)(3), any law	15336
in this state relating to the deposit, administration, release, or	15337
disbursement of moneys in the possession or custody of this state	15338
to the contrary notwithstanding. The benefit account shall consist	15339
of all moneys requisitioned from this state's account in the	15340
unemployment trust fund. Federal funds may be deposited, at the	15341
director's discretion, into the benefit account. Any funds	15342
deposited into the benefit account shall be disbursed solely for	15343
payment of benefits under a federal program administered by this	15344
state and for no other purpose. Moneys in the clearing and benefit	15345
accounts may be deposited by the treasurer of state, under the	15346
direction of the director, in any bank or public depositary in	15347
which general funds of the state may be deposited, but no public	15348
deposit insurance charge or premium shall be paid out of the fund.	15349

(D) Moneys shall be requisitioned from this state's account	15350
in the unemployment trust fund solely for the payment of benefits	15351
and in accordance with regulations prescribed by the director. The	15352
director shall requisition from the unemployment trust fund such	15353
amounts, not exceeding the amount standing to this state's account	15354
therein, as are deemed necessary for the payment of benefits for a	15355
reasonable future period. Upon receipt thereof, the treasurer of	15356
state shall deposit such moneys in the benefit account.	15357
Expenditures of such money in the benefit account and refunds from	15358
the clearing account shall not require specific appropriations or	15359
other formal release by state officers of money in their custody.	15360
Any balance of moneys requisitioned from the unemployment trust	15361
fund which remains unclaimed or unpaid in the benefit account	15362
after the expiration of the period for which such sums were	15363
requisitioned shall either be deducted from estimates for and may	15364
be utilized for the payment of benefits during succeeding periods,	15365
or, in the discretion of the director, shall be redeposited with	15366
the secretary of the treasury of the United States to the credit	15367
of this state's account in the unemployment trust fund, as	15368
provided in division (C) of this section. Unclaimed or unpaid	15369
federal funds redeposited with the secretary of the treasury of	15370
the United States shall be credited to the appropriate federal	15371
account.	15372

(E) No claim for an adjustment or a refund on contribution,	15373
payment in lieu of contributions, interest, or forfeiture alleged	15374
to have been erroneously or illegally assessed or collected, or	15375
alleged to have been collected without authority, and no claim for	15376
an adjustment or a refund of any sum alleged to have been	15377
excessive or in any manner wrongfully collected shall be allowed	15378
unless an application, in writing, therefor is made within four	15379
years from the date on which such payment was made. If the	15380
director determines that such contribution, payment in lieu of	15381
contributions, interest, or forfeiture, or any portion thereof,	15382
was erroneously collected, the director shall allow such employer	15383
to make an adjustment thereof without interest in connection with	15384
subsequent contribution payments, or payments in lieu of	15385
contributions, by the employer, or the director may refund said	15386
amount, without interest, from the clearing account of the	15387
unemployment compensation fund, except as provided in division (B)	15388
of section 4141.11 of the Revised Code. For like cause and within	15389
the same period, adjustment or refund may be so made on the	15390
director's own initiative. An overpayment of contribution, payment	15391
in lieu of contributions, interest, or forfeiture for which an	15392
employer has not made application for refund prior to the date of	15393
sale of the employer's business shall accrue to the employer's	15394
successor in interest.	15395

An application for an adjustment or a refund, or any portion	15396
thereof, that is rejected is binding upon the employer unless,	15397
within thirty days after the mailing of a written notice of	15398
rejection to the employer's last known address, or, in the absence	15399
of mailing of such notice, within thirty days after the delivery	15400
of such notice, the employer files an application for a review and	15401
redetermination setting forth the reasons therefor. The director	15402
shall promptly examine the application for review and	15403
redetermination, and if a review is granted, the employer shall be	15404
promptly notified thereof, and shall be granted an opportunity for	15405
a prompt hearing.	15406

(F) If the director finds that contributions have been paid	15407
to the director in error, and that such contributions should have	15408
been paid to a department of another state or of the United States	15409
charged with the administration of an unemployment compensation	15410
law, the director may upon request by such department or upon the	15411
director's own initiative transfer to such department the amount	15412
of such contributions, less any benefits paid to claimants whose	15413
wages were the basis for such contributions. The director may	15414
request and receive from such department any contributions or	15415
adjusted contributions paid in error to such department which	15416
should have been paid to the director.	15417

(G) In accordance with section 303(c)(3) of the Social	15418
Security Act, and section 3304(a)(17) of the Internal Revenue Code	15419
of 1954 for continuing certification of Ohio unemployment	15420
compensation laws for administrative grants and for tax credits,	15421
any interest required to be paid on advances under Title XII of	15422
the Social Security Act shall be paid in a timely manner and shall	15423
not be paid, directly or indirectly, by an equivalent reduction in	15424
the Ohio unemployment taxes or otherwise, by the state from	15425
amounts in the unemployment compensation fund.	15426

(H) The treasurer of state, under the direction of the	15427
director and in accordance with the "Cash Management Improvement	15428
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit	15429
amounts of interest earned by the state on funds in the benefit	15430
account established pursuant to division (C) of this section into	15431
~~the department of job and family services banking fees fund, which~~	15432
~~is hereby created in the state treasury for the purpose of paying~~	15433
~~related banking costs incurred by the state for the period for~~	15434
~~which the interest is calculated, except that if the deposited~~	15435
~~interest exceeds the banking costs incurred by the state for the~~	15436
~~period for which the interest is calculated, the treasurer of~~	15437
~~state shall deposit the excess interest into~~ the unemployment	15438
trust fund.	15439

(I) The treasurer of state, under the direction of the	15440
director, shall deposit federal funds received by the director for	15441
training and administration and for payment of benefits, job	15442
search, relocation, transportation, and subsistence allowances	15443
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	15444
2101, as amended; the "North American Free Trade Agreement	15445
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as	15446
amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A.	15447
3801, as amended, into the Trade Act training and administration	15448
account, which is hereby created for the purpose of making	15449
payments specified under those acts. The treasurer of state, under	15450
the direction of the director, may transfer funds from the Trade	15451
Act training and administration account to the benefit account for	15452
the purpose of making any payments directly to claimants for	15453
benefits, job search, relocation, transportation, and subsistence	15454
allowances, as specified by those acts.	15455

Sec. 4141.11. There is hereby created in the state treasury	15456
the unemployment compensation special administrative fund. The	15457
fund shall consist of all interest collected on delinquent	15458
contributions pursuant to this chapter, all fines and forfeitures	15459
collected under this chapter, all money received from the sale of	15460
real property under section 4141.131 of the Revised Code, the	15461
amount required under division (A)(4) of section 4141.35 of the	15462
Revised Code, and all court costs and interest paid or collected	15463
in connection with the repayment of fraudulently obtained benefits	15464
pursuant to section 4141.35 of the Revised Code. All interest	15465
earned on the money in the fund shall be retained in the fund and	15466
shall not be credited or transferred to any other fund or account,	15467
except as provided in division (B) of this section. All moneys	15468
which are deposited or paid into this fund may be used by:	15469

(A) The director of job and family services whenever it	15470
appears that such use is necessary for:	15471

(1) The proper administration of this chapter and no federal	15472
funds are available for the specific purpose for which the	15473
expenditure is to be made, provided the moneys are not substituted	15474
for appropriations from federal funds, which in the absence of	15475
such moneys would be available;	15476

(2) The proper administration of this chapter for which	15477
purpose appropriations from federal funds have been requested and	15478
approved but not received, provided the fund would be reimbursed	15479
upon receipt of the federal appropriation;	15480

(3) To the extent possible, the repayment to the unemployment	15481
compensation administration fund of moneys found by the proper	15482
agency of the United States to have been lost or expended for	15483
purposes other than, or an amount in excess of, those found	15484
necessary by the proper agency of the United States for the	15485
administration of this chapter.	15486

(B) The director or the director's deputy whenever it appears	15487
that such use is necessary for the payment of refunds or	15488
adjustments of interest, fines, forfeitures, or court costs	15489
erroneously collected and paid into this fund pursuant to this	15490
chapter.	15491

(C) The director, to pay state disaster unemployment benefits	15492
pursuant to section 4141.292 of the Revised Code.	15493

(D) The director, to pay any costs attributable to the	15494
director that are associated with the sale of real property under	15495
section 4141.131 of the Revised Code.	15496

Whenever the balance in the unemployment compensation special	15497
administrative fund is considered to be excessive by the director,	15498
the director shall request the director of budget and management	15499
to transfer to the unemployment compensation fund the amount	15500
considered to be excessive. Any balance in the unemployment	15501
compensation special administrative fund shall not lapse at any	15502
time, but shall be continuously available to the director of job	15503
and family services for expenditures consistent with this chapter.	15504

Sec. 4141.131. ~~(A)~~ The director of job and family services	15505
may enter into contracts for the sale of real property no longer	15506
needed by the director for the operations of the director under	15507
this title. Any costs attributable to the director that are	15508
associated with the sale of real property under this section shall	15509
be paid out of the unemployment compensation special	15510
administrative fund established pursuant to section 4141.11 of the	15511
Revised Code. The director shall submit a report summarizing the	15512
use of that fund for the purpose of this section at least annually	15513
to the unemployment compensation advisory council as prescribed by	15514
the council.	15515

~~(B)(1) Earnest moneys from the sale of real property pursuant~~	15516
~~to division (A) of this section shall be deposited into the~~	15517
~~department of job and family services building consolidation fund,~~	15518
~~which is hereby created in the state treasury. The balance of the~~	15519
~~purchase price shall be deposited into the department of job and~~	15520
~~family services building enhancement fund, which is hereby created~~	15521
~~in the state treasury. The building enhancement fund shall retain~~	15522
~~its own interest. Upon completion of the sale and the request of~~	15523
~~the director, the treasurer of state shall transfer the earnest~~	15524
~~moneys in the building consolidation fund into the building~~	15525
~~enhancement fund. The director shall use the interest earned on~~	15526
~~the moneys in the building enhancement fund only in accordance~~	15527
~~with division (C) of this section.~~	15528

~~(2) The director shall deposit sufficient moneys from the~~	15529
~~sale of real property pursuant to division (A) of this section~~	15530
~~into the unemployment compensation special administrative fund to~~	15531
~~reimburse the fund for all costs associated with the sale of that~~	15532
~~real property.~~	15533

~~(C) The director shall use the moneys in the building~~	15534
~~enhancement fund from the sale of real property pursuant to~~	15535
~~division (A) of this section, less the costs of the sale as~~	15536
~~specified in division (B)(2) of this section, in accordance with~~	15537
~~the provisions and requirements of the "Social Security Act," 49~~	15538
~~Stat. 626 (1935), 52 U.S.C. 502(a) and 1103(c)(2), and the~~	15539
~~instructions of the United States department of labor, to improve~~	15540
~~buildings owned by or under the control of the director. If the~~	15541
~~director determines that there are no buildings for which money in~~	15542
~~the building enhancement fund may be used, the money shall be~~	15543
~~returned to the United States department of labor.~~	15544

~~(D)~~ The auditor of state, with the assistance of the attorney	15545
general, shall prepare a deed to the real property being sold upon	15546
notice from the director that a contract for the sale of that	15547
property has been executed in accordance with this section. The	15548
deed shall state the consideration and any conditions placed upon	15549
the sale. The deed shall be executed by the governor in the name	15550
of the state, countersigned by the secretary of state, sealed with	15551
the great seal of the state, presented in the office of the	15552
auditor of state for recording, and delivered to the buyer upon	15553
payment of the balance of the purchase price.	15554

The buyer shall present the deed for recording in the county	15555
recorder's office of the county in which the real property is	15556
located.	15557

Sec. 4141.20. (A) Every employer, including those not	15558
otherwise subject to this chapter, shall furnish the director of	15559
job and family services upon request all information required by	15560
the director to carry out the requirements of this chapter. Every	15561
employer receiving from the director any blank with direction to	15562
fill it out shall cause it to be properly filled out, in the	15563
manner prescribed by the director, so as to answer fully and	15564
correctly all questions therein propounded, and shall furnish all	15565
the information therein sought, or, if unable to do so, that	15566
employer shall give the director in writing good and sufficient	15567
reason for such failure.	15568

The director may require that such information be verified	15569
under oath and returned to the director within the period fixed by	15570
the director or by law. The director or any person employed by the	15571
director for that purpose may examine under oath any such	15572
employer, or the officer, agent, or employee of that employer, for	15573
the purpose of ascertaining any information that the employer is	15574
required by this chapter to furnish to the director. ~~Any employer~~	15575
~~who fails to furnish information as is required by the director~~	15576
~~under authority of this section shall forfeit five hundred dollars~~	15577
~~to be collected in a civil action brought against the employer in~~	15578
~~the name of the state.~~	15579

(B) ~~Effective with the calendar quarter beginning April 1,~~	15580
~~1987, every contributory employer shall file a quarterly~~	15581
~~contribution report and a quarterly report of wages. The quarterly~~	15582
~~reports shall be filed no later than the last day of the first~~	15583
~~month following the close of the calendar quarter for which the~~	15584
~~quarterly reports are being filed. The employer shall enter on the~~	15585
~~quarterly contribution report the total and taxable remuneration~~	15586
~~paid to all employees during the quarter. The employer shall enter~~	15587
~~on the quarterly report of wages the name and social security~~	15588
~~number of each individual employed during the calendar quarter,~~	15589
~~the total remuneration paid the individual, the number of weeks~~	15590
~~during the quarter for which the individual was paid remuneration,~~	15591
~~and any other information as required by section 1137 of the~~	15592
~~"Social Security Act."~~	15593

~~Effective until the calendar quarter beginning January 1,~~	15594
~~1993, in case of failure to file the quarterly contribution report~~	15595
~~or the report of wages containing all the required contribution~~	15596
~~and wage information within the time prescribed by this section,~~	15597
~~there shall be assessed a forfeiture amounting to ten per cent of~~	15598
~~the contributions due; provided such forfeiture shall not be less~~	15599
~~than twenty-five nor more than two hundred fifty dollars. The~~	15600
~~director may waive the forfeiture only with respect to the report~~	15601
~~of wages, and the waiver may be approved only if the employer~~	15602
~~shows good cause for failure to file the required information.~~	15603

~~Effective with the calendar quarter beginning January 1,~~	15604
~~1993, in case of failure to file the quarterly contribution report~~	15605
~~containing all the required information within the time prescribed~~	15606
~~by this section, there shall be assessed a forfeiture amounting to~~	15607
~~twenty-five one-hundredths of one per cent of the total~~	15608
~~remuneration paid by the employer, provided such forfeiture shall~~	15609
~~not be less than thirty nor more than five hundred dollars per~~	15610
~~quarterly contribution report. The director may waive the~~	15611
~~forfeiture only if the employer provides to the director a written~~	15612
~~statement showing good cause for failure to file the required~~	15613
~~quarterly contribution report.~~	15614

~~Effective with the calendar quarter beginning January 1,~~	15615
~~1993, in case of failure to file the quarterly report of wages~~	15616
~~containing all the required information within the time prescribed~~	15617
~~by this section, there shall be assessed a forfeiture amounting to~~	15618
~~twenty-five one-hundredths of one per cent of the total~~	15619
~~remuneration paid by the employer, provided such forfeiture shall~~	15620
~~be not less than thirty nor more than five hundred dollars per~~	15621
~~quarterly report of wages. The director may waive the forfeiture~~	15622
~~only if the employer provides to the director a written statement~~	15623
~~showing good cause for failure to file the required quarterly~~	15624
~~report of wages.~~	15625

~~(C) Effective with the calendar quarter beginning April 1,~~	15626
~~1987, every employer liable for payments in lieu of contributions~~	15627
~~shall file a quarterly payroll report and a quarterly report of~~	15628
~~wages. The employer shall file the quarterly reports no later than~~	15629
~~the last day of the first month following the close of the~~	15630
~~calendar quarter for which the quarterly reports are being filed.~~	15631
~~The employer shall enter on the quarterly payroll report the total~~	15632
~~remuneration paid to all employees during the quarter and the~~	15633
~~total wages that would have been taxable had the employer been~~	15634
~~subject to contributions. The employer shall enter on the~~	15635
~~quarterly report of wages the name and social security number of~~	15636
~~each individual employed during the calendar quarter, the total~~	15637
~~remuneration paid the individual, the number of weeks during the~~	15638
~~quarter for which the individual was paid remuneration, and any~~	15639
~~other information as required by section 1137 of the "Social~~	15640
~~Security Act."~~	15641

~~Effective until the calendar quarter beginning January 1,~~	15642
~~1993, in case of failure to file the quarterly payroll report or~~	15643
~~the report of wages containing all of the required payroll or wage~~	15644
~~information within the time prescribed by this section, the~~	15645
~~employer shall be assessed a forfeiture of twenty-five dollars per~~	15646
~~report. The director may waive the forfeiture only with respect to~~	15647
~~the report of wages, and such waiver may be approved only if the~~	15648
~~employer shows good cause for failure to file the required~~	15649
~~information.~~	15650

~~Effective with the calendar quarter beginning January 1,~~	15651
~~1993, in case of failure to file the quarterly payroll report~~	15652
~~containing all the required wage information within the time~~	15653
~~prescribed by this section, the employer shall be assessed a~~	15654
~~forfeiture amounting to twenty-five one-hundredths of one per cent~~	15655
~~of the total remuneration paid by the employer, provided such~~	15656
~~forfeiture shall not be less than thirty nor more than five~~	15657
~~hundred dollars per quarterly payroll report. The director may~~	15658
~~waive the forfeiture only if the employer provides to the director~~	15659
~~a written statement showing good cause for failure to file the~~	15660
~~required quarterly payroll report.~~	15661

~~Effective with the calendar quarter beginning January 1,~~	15662
~~1993, in case of failure to file the quarterly report of wages~~	15663
~~containing all the required information within the time prescribed~~	15664
~~by this section, there shall be assessed a forfeiture amounting to~~	15665
~~twenty-five one-hundredths of one per cent of the total~~	15666
~~remuneration paid by the employer, provided such forfeiture shall~~	15667
~~be not less than thirty nor more than five hundred dollars per~~	15668
~~quarterly report of wages. The director may waive the forfeiture~~	15669
~~only if the employer provides to the director a written statement~~	15670
~~showing good cause for failure to file the required quarterly~~	15671
~~report of wages.~~	15672

~~(D) Effective with the calendar quarter beginning January 1,~~	15673
~~2002, every~~Every contributory employer shall file a quarterly	15674
contribution and wage report. The quarterly report shall be filed	15675
not later than the last day of the first month following the close	15676
of the calendar quarter for which the quarterly report is being	15677
filed. The employer shall enter on the quarterly report the total	15678
and taxable remuneration paid to all employees during the quarter,	15679
the name and social security number of each individual employed	15680
during the calendar quarter, the total remuneration paid the	15681
individual, the number of weeks during the quarter for which the	15682
individual was paid remuneration, and any other information as	15683
required by section 1137 of the "Social Security Act."	15684

~~Effective with the calendar quarter beginning January 1,~~	15685
~~2002, in~~In case of failure to properly file the quarterly	15686
contribution and wage report containing all the required	15687
contribution and wage information within the time prescribed by	15688
this section, the director shall assess a forfeiture amounting to	15689
twenty-five one-hundredths of one per cent of the total	15690
remuneration reported by the employer, provided such forfeiture	15691
shall not be less than fifty nor more than one thousand dollars.	15692

~~(E) Effective with the calendar quarter beginning January 1,~~	15693
~~2002, every~~(C) Every employer liable for payments in lieu of	15694
contributions shall file a quarterly payroll and wage report. The	15695
quarterly report shall be filed not later than the last day of the	15696
first month following the close of the calendar quarter for which	15697
the quarterly report is being filed. The employer shall enter on	15698
the quarterly report the total remuneration paid to all employees	15699
during the quarter, the total wages that would have been taxable	15700
had the employer been subject to contributions, the name and	15701
social security number of each individual employed during the	15702
calendar quarter, the total remuneration paid the individual, the	15703
number of weeks during the quarter for which the individual was	15704
paid remuneration, and any other information as required by	15705
section 1137 of the "Social Security Act."	15706

~~Effective with the calendar quarter beginning January 1,~~	15707
~~2002, in~~In case of failure to properly file the quarterly payroll	15708
and wage report containing all the required payroll and wage	15709
information within the time prescribed by this section, the	15710
director shall assess a forfeiture amounting to twenty-five	15711
one-hundredths of one per cent of the total remuneration reported	15712
by the employer, provided such forfeiture shall not be less than	15713
fifty nor more than one thousand dollars.	15714

~~(F)~~(D) The director may waive a forfeiture assessed under	15715
division ~~(D)~~(B) or ~~(E)~~(C) of this section if the employer provides	15716
to the director, within four years after the date the forfeiture	15717
was assessed, a written statement showing good cause for failure	15718
to properly file the required information.	15719

~~(G)~~(E) The director shall furnish the form or forms on which	15720
quarterly reports required under this section are to be submitted,	15721
or the employer may use other methods of reporting, including	15722
electronic information transmission methods, as approved by the	15723
director.	15724

~~(H)~~(F) All forfeitures required by this section shall be paid	15725
into the unemployment compensation special administrative fund as	15726
provided in section 4141.11 of the Revised Code.	15727

Sec. 4141.25. (A) The director of job and family services	15728
shall determine as of each computation date the contribution rate	15729
of each contributing employer subject to this chapter for the next	15730
succeeding contribution period. The director shall determine a	15731
standard rate of contribution or an experience rate for each	15732
contributing employer. Once a rate of contribution has been	15733
established under this section for a contribution period, except	15734
as provided in division (D) of section 4141.26 of the Revised	15735
Code, that rate shall remain effective throughout such	15736
contribution period. The rate of contribution shall be determined	15737
in accordance with the following requirements:	15738

(1) An employer whose experience does not meet the terms of	15739
division (A)(2) of this section shall be assigned a standard rate	15740
of contribution. Effective for contribution periods beginning on	15741
and after January 1, 1998, an employer's standard rate of	15742
contribution shall be a rate of two and seven-tenths per cent,	15743
except that the rate for employers engaged in the construction	15744
industry shall be the average contribution rate computed for the	15745
construction industry or a rate of two and seven-tenths per cent,	15746
whichever is greater. The standard rate set forth in this division	15747
shall be applicable to a nonprofit organization whose election to	15748
make payments in lieu of contributions is voluntarily terminated	15749
or canceled by the director under section 4141.241 of the Revised	15750
Code, and thereafter pays contributions as required by this	15751
section. If such nonprofit organization had been a contributory	15752
employer prior to its election to make payments in lieu of	15753
contributions, then any prior balance in the contributory account	15754
shall become part of the reactivated account.	15755

As used in division (A) of this section, "the average	15756
contribution rate computed for the construction industry" means	15757
the most recent annual average rate attributable to the	15758
construction industry as prescribed by the director.	15759

(2) A contributing employer subject to this chapter shall	15760
qualify for an experience rate only if there have been four	15761
consecutive quarters, ending on the thirtieth day of June	15762
immediately prior to the computation date, throughout which the	15763
employer's account was chargeable with benefits. Upon meeting the	15764
qualifying requirements provided in division (A)(2) of this	15765
section, the director shall calculate the total credits to each	15766
employer's account consisting of the contributions other than	15767
mutualized contributions including all contributions paid prior to	15768
the computation date for all past periods plus:	15769

(a) The contributions owing on the computation date that are	15770
paid within thirty days after the computation date, and credited	15771
to the employer's account;	15772

(b) All voluntary contributions paid by an employer pursuant	15773
to division (B) of section 4141.24 of the Revised Code.	15774

(3) The director also shall determine the benefits which are	15775
chargeable to each employer's account and which were paid prior to	15776
the computation date with respect to weeks of unemployment ending	15777
prior to the computation date. The director then shall determine	15778
the positive or negative balance of each employer's account by	15779
calculating the excess of such contributions and interest over the	15780
benefits chargeable, or the excess of such benefits over such	15781
contributions and interest. Any resulting negative balance then	15782
shall be subject to adjustment as provided in division (A)(2) of	15783
section 4141.24 of the Revised Code after which the positive or	15784
negative balance shall be expressed in terms of a percentage of	15785
the employer's average annual payroll. If the total standing to	15786
the credit of an employer's account exceeds the total charges, as	15787
provided in this division, the employer has a positive balance and	15788
if such charges exceed such credits the employer has a negative	15789
balance. Each employer's contribution rate shall then be	15790
determined in accordance with the following schedule:	15791

Contribution Rate Schedule	15792

If, as of the computation date		The employer's	15793
the contribution rate balance of		contribution rate for	15794
an employer's account as a		the next succeeding	15795
percentage of the employer's		contribution period	15796
average annual payroll is		shall be	15797
(a)	A negative balance of:		15798
	20.0% or more	6.5%	15799
	19.0% but less than 20.0%	6.4%	15800
	17.0% but less than 19.0%	6.3%	15801
	15.0% but less than 17.0%	6.2%	15802
	13.0% but less than 15.0%	6.1%	15803
	11.0% but less than 13.0%	6.0%	15804
	9.0% but less than 11.0%	5.9%	15805
	5.0% but less than 9.0%	5.7%	15806
	4.0% but less than 5.0%	5.5%	15807
	3.0% but less than 4.0%	5.3%	15808
	2.0% but less than 3.0%	5.1%	15809
	1.0% but less than 2.0%	4.9%	15810
	more than 0.0% but less than 1.0%	4.8%	15811
(b)	A 0.0% or a positive		15812
	balance of less than 1.0%	4.7%	15813
(c)	A positive balance of:		15814
	1.0% or more, but less than 1.5%	4.6%	15815
	1.5% or more, but less than 2.0%	4.5%	15816
	2.0% or more, but less than 2.5%	4.3%	15817
	2.5% or more, but less than 3.0%	4.0%	15818
	3.0% or more, but less than 3.5%	3.8%	15819
	3.5% or more, but less than 4.0%	3.5%	15820
	4.0% or more, but less than 4.5%	3.3%	15821
	4.5% or more, but less than 5.0%	3.0%	15822
	5.0% or more, but less than 5.5%	2.8%	15823
	5.5% or more, but less than 6.0%	2.5%	15824
	6.0% or more, but less than 6.5%	2.2%	15825
	6.5% or more, but less than 7.0%	2.0%	15826
	7.0% or more, but less than 7.5%	1.8%	15827
	7.5% or more, but less than 8.0%	1.6%	15828
	8.0% or more, but less than 8.5%	1.4%	15829
	8.5% or more, but less than 9.0%	1.3%	15830
	9.0% or more, but less than 9.5%	1.1%	15831
	9.5% or more, but less than 10.0%	1.0%	15832
	10.0% or more, but less than 10.5%	.9%	15833
	10.5% or more, but less than 11.0%	.7%	15834
	11.0% or more, but less than 11.5%	.6%	15835
	11.5% or more, but less than 12.0%	.5%	15836
	12.0% or more, but less than 12.5%	.4%	15837
	12.5% or more, but less than 13.0%	.3%	15838
	13.0% or more, but less than 14.0%	.2%	15839
	14.0% or more	.1%	15840

(d) The contribution rates shall be as specified in divisions	15841
(a), (b), and (c) of the contribution rate schedule except that	15842
notwithstanding the amendments made to division (a) of the	15843
contribution rate schedule in this section, if, as of the	15844
computation date: for 1991, the negative balance is 5.0% or more,	15845
the contribution rate shall be 5.7%; for 1992, if the negative	15846
balance is 11.0% or more, the contribution rate shall be 6.0%; and	15847
for 1993, if the negative balance is 17.0% or more, the	15848
contribution rate shall be 6.3%. Thereafter, the contribution	15849
rates shall be as specified in the contribution rate schedule.	15850

(B)(1) The director shall establish and maintain a separate	15851
account to be known as the "mutualized account." As of each	15852
computation date there shall be charged to this account:	15853

(a) As provided in division (A)(2) of section 4141.24 of the	15854
Revised Code, an amount equal to the sum of that portion of the	15855
negative balances of employer accounts which exceeds the	15856
applicable limitations as such balances are computed under	15857
division (A) of this section as of such date;	15858

(b) An amount equal to the sum of the negative balances	15859
remaining in employer accounts which have been closed during the	15860
year immediately preceding such computation date pursuant to	15861
division (E) of section 4141.24 of the Revised Code;	15862

(c) An amount equal to the sum of all benefits improperly	15863
paid preceding such computation date which are not recovered but	15864
which are not charged to an employer's account, or which after	15865
being charged, are credited back to an employer's account;	15866

(d) An amount equal to the sum of any other benefits paid	15867
preceding such computation date which, under this chapter, are not	15868
chargeable to an employer's account;	15869

(e) An amount equal to the sum of any refunds made during the	15870
year immediately preceding such computation date of erroneously	15871
collected mutualized contributions required by this division which	15872
were previously credited to this account;	15873

(f) An amount equal to the sum of any repayments made to the	15874
federal government during the year immediately preceding such	15875
computation date of amounts which may have been advanced by it to	15876
the unemployment compensation fund under section 1201 of the	15877
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301;	15878

(g) Any amounts appropriated by the general assembly out of	15879
funds paid by the federal government, under section 903 of the	15880
"Social Security Act," to the account of this state in the federal	15881
unemployment trust fund.	15882

(2) As of every computation date there shall be credited to	15883
the mutualized account provided for in this division:	15884

(a) The proceeds of the mutualized contributions as provided	15885
in this division;	15886

(b) Any positive balances remaining in employer accounts	15887
which are closed as provided in division (E) of section 4141.24 of	15888
the Revised Code;	15889

(c) Any benefits improperly paid which are recovered but	15890
which cannot be credited to an employer's account;	15891

(d) All amounts which may be paid by the federal government	15892
under section 903 of the "Social Security Act" to the account of	15893
this state in the federal unemployment trust fund;	15894

(e) Amounts advanced by the federal government to the account	15895
of this state in the federal unemployment trust fund under section	15896
1201 of the "Social Security Act" to the extent such advances have	15897
been repaid to or recovered by the federal government;	15898

(f) Interest credited to the Ohio unemployment trust fund as	15899
deposited with the secretary of the treasury of the United States;	15900

(g) Amounts deposited into the unemployment compensation fund	15901
for penalties collected pursuant to division (A)(4) of section	15902
4141.35 of the Revised Code.	15903

(3) Annually, as of the computation date, the director shall	15904
determine the total credits and charges made to the mutualized	15905
account during the preceding twelve months and the overall	15906
condition of the account. The director shall issue an annual	15907
statement containing this information and such other information	15908
as the director deems pertinent, including a report that the sum	15909
of the balances in the mutualized account, employers' accounts,	15910
and any subsidiary accounts equal the balance in the state's	15911
unemployment trust fund maintained under section 904 of the	15912
"Social Security Act."	15913

(4) As used in this division:

15914

(a) "Fund as of the computation date" means as of any	15915
computation date, the aggregate amount of the unemployment	15916
compensation fund, including all contributions owing on the	15917
computation date that are paid within thirty days thereafter, all	15918
payments in lieu of contributions that are paid within sixty days	15919
after the computation date, all reimbursements of the federal	15920
share of extended benefits described in section 4141.301 of the	15921
Revised Code that are owing on the computation date, and all	15922
interest earned by the fund and received on or before the	15923
computation date from the federal government.	15924

(b) "Minimum safe level" means an amount equal to two	15925
standard deviations above the average of the adjusted annual	15926
average unemployment compensation benefit payment from 1970 to the	15927
most recent calendar year prior to the computation date, as	15928
determined by the director pursuant to division (B)(4)(b) of this	15929
section. To determine the adjusted annual payment of unemployment	15930
compensation benefits, the director first shall multiply the	15931
number of weeks compensated during each calendar year beginning	15932
with 1970 by the most recent annual average weekly unemployment	15933
compensation benefit payment and then compute the average and	15934
standard deviation of the resultant products.	15935

(c) "Annual average weekly unemployment compensation benefit	15936
payment" means the amount resulting from dividing the unemployment	15937
compensation benefits paid from the benefit account maintained	15938
within the unemployment compensation fund pursuant to section	15939
4141.09 of the Revised Code, by the number of weeks compensated	15940
during the same time period.	15941

(5) If, as of any computation date, the charges to the	15942
mutualized account during the entire period subsequent to the	15943
computation date, July 1, 1966, made in accordance with division	15944
(B)(1) of this section, exceed the credits to such account	15945
including mutualized contributions during such period, made in	15946
accordance with division (B)(2) of this section, the amount of	15947
such excess charges shall be recovered during the next	15948
contribution period. To recover such amount, the director shall	15949
compute the percentage ratio of such excess charges to the average	15950
annual payroll of all employers eligible for an experience rate	15951
under division (A) of this section. The percentage so determined	15952
shall be computed to the nearest tenth of one per cent and shall	15953
be an additional contribution rate to be applied to the wages paid	15954
by each employer whose rate is computed under the provisions of	15955
division (A) of this section in the contribution period next	15956
following such computation date, but such percentage shall not	15957
exceed five-tenths of one per cent; however, when there are any	15958
excess charges in the mutualized account, as computed in this	15959
division, then the mutualized contribution rate shall not be less	15960
than one-tenth of one per cent.	15961

(6) If the fund as of the computation date is above or below	15962
minimum safe level, the contribution rates provided for in each	15963
classification in division (A)(3) of this section for the next	15964
contribution period shall be adjusted as follows:	15965

(a) If the fund is thirty per cent or more above minimum safe	15966
level, the contribution rates provided in division (A)(3) of this	15967
section shall be decreased two-tenths of one per cent.	15968

(b) If the fund is more than fifteen per cent but less than	15969
thirty per cent above minimum safe level, the contribution rates	15970
provided in division (A)(3) of this section shall be decreased	15971
one-tenth of one per cent.	15972

(c) If the fund is more than fifteen per cent but less than	15973
thirty per cent below minimum safe level, the contribution rates	15974
of all employers shall be increased twenty-five one-thousandths of	15975
one per cent plus a per cent increase calculated and rounded	15976
pursuant to division (B)(6)(g) of this section.	15977

(d) If the fund is more than thirty per cent but less than	15978
forty-five per cent below minimum safe level, the contribution	15979
rates of all employers shall be increased seventy-five	15980
one-thousandths of one per cent plus a per cent increase	15981
calculated and rounded pursuant to division (B)(6)(g) of this	15982
section.	15983

(e) If the fund is more than forty-five per cent but less	15984
than sixty per cent below minimum safe level, the contribution	15985
rates of all employers shall be increased one-eighth of one per	15986
cent plus a per cent increase calculated and rounded pursuant to	15987
division (B)(6)(g) of this section.	15988

(f) If the fund is sixty per cent or more below minimum safe	15989
level, the contribution rates of all employers shall be increased	15990
two-tenths of one per cent plus a per cent increase calculated and	15991
rounded pursuant to division (B)(6)(g) of this section.	15992

(g) The additional per cent increase in contribution rates	15993
required by divisions (B)(6)(c), (d), (e), and (f) of this section	15994
that is payable by each individual employer shall be calculated in	15995
the following manner. The flat rate increase required by a	15996
particular division shall be multiplied by three and the product	15997
divided by the average experienced-rated contribution rate for all	15998
employers as determined by the director for the most recent	15999
calendar year. The resulting quotient shall be multiplied by an	16000
individual employer's contribution rate determined pursuant to	16001
division (A)(3) of this section. The resulting product shall be	16002
rounded to the nearest tenth of one per cent, added to the flat	16003
rate increase required by division (B)(6)(c), (d), (e), or (f) of	16004
this section, as appropriate, and the total shall be rounded to	16005
the nearest tenth of one per cent. As used in division (B)(6)(g)	16006
of this section, the "average experienced-rated contribution rate"	16007
means the most recent annual average contribution rate reported by	16008
the director contained in report RS 203.2 less the mutualized and	16009
minimum safe level contribution rates included in such rate.	16010

(h) If any of the increased contribution rates of division	16011
(B)(6)(c), (d), (e), or (f) of this section are imposed, the rate	16012
shall remain in effect for the calendar year in which it is	16013
imposed and for each calendar year thereafter until the director	16014
determines as of the computation date for calendar year 1991 and	16015
as of the computation date for any calendar year thereafter	16016
pursuant to this section, that the level of the unemployment	16017
compensation fund equals or exceeds the minimum safe level as	16018
defined in division (B)(4)(b) of this section. Nothing in division	16019
(B)(6)(h) of this section shall be construed as restricting the	16020
imposition of the increased contribution rates provided in	16021
divisions (B)(6)(c), (d), (e), and (f) of this section if the fund	16022
falls below the percentage of the minimum safe level as specified	16023
in those divisions.	16024

(7) The additional contributions required by division (B)(5)	16025
of this section shall be credited to the mutualized account. The	16026
additional contributions required by division (B)(6) of this	16027
section shall be credited fifty per cent to individual employer	16028
accounts and fifty per cent to the mutualized account.	16029

(C) If an employer makes a payment of contributions which is	16030
less than the full amount required by this section and sections	16031
4141.23, 4141.24, 4141.241, 4141.242, 4141.25, 4141.26, and	16032
4141.27 of the Revised Code, such partial payment shall be applied	16033
first against the mutualized contributions required under this	16034
chapter. Any remaining partial payment shall be credited to the	16035
employer's individual account.	16036

(D) Whenever there are any increases in contributions	16037
resulting from an increase in wages subject to contributions as	16038
defined in division (G) of section 4141.01 of the Revised Code, or	16039
from an increase in the mutualized rate of contributions provided	16040
in division (B) of this section, or from a revision of the	16041
contribution rate schedule provided in division (A) of this	16042
section, except for that portion of the increase attributable to a	16043
change in the positive or negative balance in an employer's	16044
account, which increases become effective after a contract for the	16045
construction of real property, as defined in section 5701.02 of	16046
the Revised Code, has been entered into, the contractee upon	16047
written notice by a prime contractor shall reimburse the	16048
contractor for all increased contributions paid by the prime	16049
contractor or by subcontractors upon wages for services performed	16050
under the contract. Upon reimbursement by the contractee to the	16051
prime contractor, the prime contractor shall reimburse each	16052
subcontractor for the increased contributions.	16053

(E) Effective only for the contribution period beginning on	16054
January 1, 1996, and ending on December 31, 1996, mutualized	16055
contributions collected or received by the director pursuant to	16056
division (B)(5) of this section and amounts credited to the	16057
mutualized account pursuant to division (B)(7) of this section	16058
shall be deposited into or credited to the unemployment	16059
compensation benefit reserve fund that is created under division	16060
(F) of this section, except that amounts collected, received, or	16061
credited in excess of two hundred million dollars shall be	16062
deposited into or credited to the unemployment trust fund	16063
established pursuant to section 4141.09 of the Revised Code.	16064

(F) The state unemployment compensation benefit reserve fund	16065
is hereby created as a trust fund in the custody of the treasurer	16066
of state and shall not be part of the state treasury. The fund	16067
shall consist of all moneys collected or received as mutualized	16068
contributions pursuant to division (B)(5) of this section and	16069
amounts credited to the mutualized account pursuant to division	16070
(B)(7) of this section as provided by division (E) of this	16071
section. All moneys in the fund shall be used solely to pay	16072
unemployment compensation benefits in the event that funds are no	16073
longer available for that purpose from the unemployment trust fund	16074
established pursuant to section 4141.09 of the Revised Code.	16075

(G) The balance in the unemployment compensation benefit	16076
reserve fund remaining at the end of the contribution period	16077
beginning January 1, 2000, and any mutualized contribution amounts	16078
for the contribution period beginning on January 1, 1996, that may	16079
be received after December 31, 2000, shall be deposited into the	16080
unemployment trust fund established pursuant to section 4141.09 of	16081
the Revised Code. Income earned on moneys in the state	16082
unemployment compensation benefit reserve fund shall be available	16083
for use by the director only for the purposes described in	16084
division (I) of this section, and shall not be used for any other	16085
purpose.	16086

(H) The unemployment compensation benefit reserve fund	16087
balance shall be added to the unemployment trust fund balance in	16088
determining the minimum safe level tax to be imposed pursuant to	16089
division (B) of this section and shall be included in the	16090
mutualized account balance for the purpose of determining the	16091
mutualized contribution rate pursuant to division (B)(5) of this	16092
section.	16093

(I) All income earned on moneys in the unemployment	16094
compensation benefit reserve fund from the investment of the fund	16095
by the treasurer of state shall accrue to the department of job	16096
and family services automation administration fund, which is	16097
hereby established in the state treasury. Moneys within the	16098
automation administration fund shall be used to meet the costs	16099
related to automation of the department and the administrative	16100
costs related to collecting and accounting for unemployment	16101
compensation benefit reserve fund revenue. Any funds remaining in	16102
the automation administration fund upon completion of the	16103
department's automation projects that are funded by that fund	16104
shall be deposited into the unemployment trust fund established	16105
pursuant to section 4141.09 of the Revised Code.	16106

(J) The director shall prepare and submit monthly reports to	16107
the unemployment compensation advisory commission with respect to	16108
the status of efforts to collect and account for unemployment	16109
compensation benefit reserve fund revenue and the costs related to	16110
collecting and accounting for that revenue. The director shall	16111
obtain approval from the unemployment compensation advisory	16112
commission for expenditure of funds from the department of job and	16113
family services automation administration fund. Funds may be	16114
approved for expenditure for purposes set forth in division (I) of	16115
this section only to the extent that federal or other funds are	16116
not available.	16117

Sec. 4141.29. Each eligible individual shall receive	16118
benefits as compensation for loss of remuneration due to	16119
involuntary total or partial unemployment in the amounts and	16120
subject to the conditions stipulated in this chapter.	16121

(A) No individual is entitled to a waiting period or benefits	16122
for any week unless the individual:	16123

(1) Has filed a valid application for determination of	16124
benefit rights in accordance with section 4141.28 of the Revised	16125
Code;	16126

(2) Has made a claim for benefits in accordance with section	16127
4141.28 of the Revised Code;	16128

(3)(a) Has registered for work and thereafter continues to	16129
report to an employment office or other registration place	16130
maintained or designated by the director of job and family	16131
services. Registration shall be made in accordance with the time	16132
limits, frequency, and manner prescribed by the director.	16133

(b) For purposes of division (A)(3) of this section, an	16134
individual has "registered" upon doing any of the following:	16135

(i) Filing an application for benefit rights;

16136

(ii) Making a weekly claim for benefits;

16137

(iii) Reopening an existing claim following a period of	16138
employment or nonreporting.	16139

(c) After an applicant is registered, that registration	16140
continues for a period of three calendar weeks, including the week	16141
during which the applicant registered. However, an individual is	16142
not registered for purposes of division (A)(3) of this section	16143
during any period in which the individual fails to report, as	16144
instructed by the director, or fails to reopen an existing claim	16145
following a period of employment.	16146

(d) The director may, for good cause, extend the period of	16147
registration.	16148

(e) For purposes of this section, "report" means contact by	16149
phone, access electronically, or be present for an in-person	16150
appointment, as designated by the director.	16151

(4)(a)(i) Is able to work and available for suitable work	16152
and, except as provided in division (A)(4)(a)(ii) or (iii) of this	16153
section, is actively seeking suitable work either in a locality in	16154
which the individual has earned wages subject to this chapter	16155
during the individual's base period, or if the individual leaves	16156
that locality, then in a locality where suitable work normally is	16157
performed.	16158

(ii) The director may waive the requirement that a claimant	16159
be actively seeking work when the director finds that the	16160
individual has been laid off and the employer who laid the	16161
individual off has notified the director within ten days after the	16162
layoff, that work is expected to be available for the individual	16163
within a specified number of days not to exceed forty-five	16164
calendar days following the last day the individual worked. In the	16165
event the individual is not recalled within the specified period,	16166
this waiver shall cease to be operative with respect to that	16167
layoff.	16168

(iii) The director may waive the requirement that a claimant	16169
be actively seeking work if the director determines that the	16170
individual has been laid off and the employer who laid the	16171
individual off has notified the director in accordance with	16172
division (C) of section 4141.28 of the Revised Code that the	16173
employer has closed the employer's entire plant or part of the	16174
employer's plant for a purpose other than inventory or vacation	16175
that will cause unemployment for a definite period not exceeding	16176
twenty-six weeks beginning on the date the employer notifies the	16177
director, for the period of the specific shutdown, if all of the	16178
following apply:	16179

(I) The employer and the individuals affected by the layoff	16180
who are claiming benefits under this chapter jointly request the	16181
exemption.	16182

(II) The employer provides that the affected individuals	16183
shall return to work for the employer within twenty-six weeks	16184
after the date the employer notifies the director.	16185

(III) The director determines that the waiver of the active	16186
search for work requirement will promote productivity and economic	16187
stability within the state.	16188

(iv) Division (A)(4)(a)(iii) of this section does not exempt	16189
an individual from meeting the other requirements specified in	16190
division (A)(4)(a)(i) of this section to be able to work and	16191
otherwise fully be available for work. An exemption granted under	16192
division (A)(4)(a)(iii) of this section may be granted only with	16193
respect to a specific plant closing.	16194

(b)(i) The individual shall be instructed as to the efforts	16195
that the individual must make in the search for suitable work,	16196
including that, within six months after ~~the effective date of this~~	16197
~~amendment~~October 11, 2013, the individual shall register with	16198
OhioMeansJobs, except in any of the following circumstances:	16199

(I) The individual is an individual described in division	16200
(A)(4)(b)(iii) of this section;	16201

(II) Where the active search for work requirement has been	16202
waived under division (A)(4)(a) of this section;	16203

(III) Where the active search for work requirement is	16204
considered to be met under division (A)(4)(c), (d), or (e) of this	16205
section.	16206

(ii) An individual who is registered with OhioMeansJobs shall	16207
receive a weekly listing of available jobs based on information	16208
provided by the individual at the time of registration. For each	16209
week that the individual claims benefits, the individual shall	16210
keep a record of the individual's work search efforts and shall	16211
produce that record in the manner and means prescribed by the	16212
director.	16213

(iii) No individual shall be required to register with	16214
OhioMeansJobs if the individual is legally prohibited from using a	16215
computer, has a physical or visual impairment that makes the	16216
individual unable to use a computer, or has a limited ability to	16217
read, write, speak, or understand a language in which	16218
OhioMeansJobs is available.	16219

(iv) As used in division (A)(4)(b) of this section:

16220

(I) "OhioMeansJobs" means the electronic job placement system	16221
operated by the state.	16222

(II) "Registration" includes the creation, electronic	16223
posting, and maintenance of an active, searchable resume.	16224

(c) An individual who is attending a training course approved	16225
by the director meets the requirement of this division, if	16226
attendance was recommended by the director and the individual is	16227
regularly attending the course and is making satisfactory	16228
progress. An individual also meets the requirements of this	16229
division if the individual is participating and advancing in a	16230
training program, as defined in division (P) of section 5709.61 of	16231
the Revised Code, and if an enterprise, defined in division (B) of	16232
section 5709.61 of the Revised Code, is paying all or part of the	16233
cost of the individual's participation in the training program	16234
with the intention of hiring the individual for employment as a	16235
new employee, as defined in division (L) of section 5709.61 of the	16236
Revised Code, for at least ninety days after the individual's	16237
completion of the training program.	16238

(d) An individual who becomes unemployed while attending a	16239
regularly established school and whose base period qualifying	16240
weeks were earned in whole or in part while attending that school,	16241
meets the availability and active search for work requirements of	16242
division (A)(4)(a) of this section if the individual regularly	16243
attends the school during weeks with respect to which the	16244
individual claims unemployment benefits and makes self available	16245
on any shift of hours for suitable employment with the	16246
individual's most recent employer or any other employer in the	16247
individual's base period, or for any other suitable employment to	16248
which the individual is directed, under this chapter.	16249

(e) An individual who is a member in good standing with a	16250
labor organization that refers individuals to jobs meets the	16251
active search for work requirement specified in division (A)(4)(a)	16252
of this section if the individual provides documentation that the	16253
individual is eligible for a referral or placement upon request	16254
and in a manner prescribed by the director.	16255

(f) Notwithstanding any other provisions of this section, no	16256
otherwise eligible individual shall be denied benefits for any	16257
week because the individual is in training approved under section	16258
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	16259
2296, nor shall that individual be denied benefits by reason of	16260
leaving work to enter such training, provided the work left is not	16261
suitable employment, or because of the application to any week in	16262
training of provisions in this chapter, or any applicable federal	16263
unemployment compensation law, relating to availability for work,	16264
active search for work, or refusal to accept work.	16265

For the purposes of division (A)(4)(f) of this section,	16266
"suitable employment" means with respect to an individual, work of	16267
a substantially equal or higher skill level than the individual's	16268
past adversely affected employment, as defined for the purposes of	16269
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	16270
wages for such work at not less than eighty per cent of the	16271
individual's average weekly wage as determined for the purposes of	16272
that federal act.	16273

(5) Is unable to obtain suitable work. An individual who is	16274
provided temporary work assignments by the individual's employer	16275
under agreed terms and conditions of employment, and who is	16276
required pursuant to those terms and conditions to inquire with	16277
the individual's employer for available work assignments upon the	16278
conclusion of each work assignment, is not considered unable to	16279
obtain suitable employment if suitable work assignments are	16280
available with the employer but the individual fails to contact	16281
the employer to inquire about work assignments.	16282

(6) Participates in reemployment services, such as job search	16283
assistance services, if the individual has been determined to be	16284
likely to exhaust benefits under this chapter, including	16285
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	16286
extended compensation, and needs reemployment services pursuant to	16287
the profiling system established by the director under division	16288
(K) of this section, unless the director determines that:	16289

(a) The individual has completed such services; or

16290

(b) There is justifiable cause for the claimant's failure to	16291
participate in such services.	16292

Ineligibility for failure to participate in reemployment	16293
services as described in division (A)(6) of this section shall be	16294
for the week or weeks in which the claimant was scheduled and	16295
failed to participate without justifiable cause.	16296

(7) Participates in the reemployment and eligibility	16297
assessment program, or other reemployment services, as required by	16298
the director. As used in division (A)(7) of this section,	16299
"reemployment services" includes job search assistance activities,	16300
skills assessments, and the provision of labor market statistics	16301
or analysis.	16302

(a) For purposes of division (A)(7) of this section,	16303
participation is required unless the director determines that	16304
either of the following circumstances applies to the individual:	16305

(i) The individual has completed similar services.

16306

(ii) Justifiable cause exists for the failure of the	16307
individual to participate in those services.	16308

(b) Within six months after ~~the effective date of this~~	16309
~~amendment~~October 11, 2013, notwithstanding any earlier contact an	16310
individual may have had with a local one-stop county office,	16311
including as described in section 6301.08 of the Revised Code,	16312
beginning with the eighth week after the week during which an	16313
individual first files a valid application for determination of	16314
benefit rights in the individual's benefit year, the individual	16315
shall report to a local one-stop county office for reemployment	16316
services in the manner prescribed by the director.	16317

(c) An individual whose active search for work requirement	16318
has been waived under division (A)(4)(a) of this section or is	16319
considered to be satisfied under division (A)(4)(c), (d), or (e)	16320
of this section is exempt from the requirements of division (A)(7)	16321
of this section.	16322

(B) An individual suffering total or partial unemployment is	16323
eligible for benefits for unemployment occurring subsequent to a	16324
waiting period of one week and no benefits shall be payable during	16325
this required waiting period. Not more than one week of waiting	16326
period shall be required of any individual in any benefit year in	16327
order to establish the individual's eligibility for total or	16328
partial unemployment benefits.	16329

(C) The waiting period for total or partial unemployment	16330
shall commence on the first day of the first week with respect to	16331
which the individual first files a claim for benefits at an	16332
employment office or other place of registration maintained or	16333
designated by the director or on the first day of the first week	16334
with respect to which the individual has otherwise filed a claim	16335
for benefits in accordance with the rules of the department of job	16336
and family services, provided such claim is allowed by the	16337
director.	16338

(D) Notwithstanding division (A) of this section, no	16339
individual may serve a waiting period or be paid benefits under	16340
the following conditions:	16341

(1) For any week with respect to which the director finds	16342
that:	16343

(a) The individual's unemployment was due to a labor dispute	16344
other than a lockout at any factory, establishment, or other	16345
premises located in this or any other state and owned or operated	16346
by the employer by which the individual is or was last employed;	16347
and for so long as the individual's unemployment is due to such	16348
labor dispute. No individual shall be disqualified under this	16349
provision if either of the following applies:	16350

(i) The individual's employment was with such employer at any	16351
factory, establishment, or premises located in this state, owned	16352
or operated by such employer, other than the factory,	16353
establishment, or premises at which the labor dispute exists, if	16354
it is shown that the individual is not financing, participating	16355
in, or directly interested in such labor dispute;	16356

(ii) The individual's employment was with an employer not	16357
involved in the labor dispute but whose place of business was	16358
located within the same premises as the employer engaged in the	16359
dispute, unless the individual's employer is a wholly owned	16360
subsidiary of the employer engaged in the dispute, or unless the	16361
individual actively participates in or voluntarily stops work	16362
because of such dispute. If it is established that the claimant	16363
was laid off for an indefinite period and not recalled to work	16364
prior to the dispute, or was separated by the employer prior to	16365
the dispute for reasons other than the labor dispute, or that the	16366
individual obtained a bona fide job with another employer while	16367
the dispute was still in progress, such labor dispute shall not	16368
render the employee ineligible for benefits.	16369

(b) The individual has been given a disciplinary layoff for	16370
misconduct in connection with the individual's work.	16371

(2) For the duration of the individual's unemployment if the	16372
director finds that:	16373

(a) The individual quit work without just cause or has been	16374
discharged for just cause in connection with the individual's	16375
work, provided division (D)(2) of this section does not apply to	16376
the separation of a person under any of the following	16377
circumstances:	16378

(i) Separation from employment for the purpose of entering	16379
the armed forces of the United States if the individual is	16380
inducted into the armed forces within one of the following	16381
periods:	16382

(I) Thirty days after separation;

16383

(II) One hundred eighty days after separation if the	16384
individual's date of induction is delayed solely at the discretion	16385
of the armed forces.	16386

(ii) Separation from employment pursuant to a	16387
labor-management contract or agreement, or pursuant to an	16388
established employer plan, program, or policy, which permits the	16389
employee, because of lack of work, to accept a separation from	16390
employment;	16391

(iii) The individual has left employment to accept a recall	16392
from a prior employer or, except as provided in division	16393
(D)(2)(a)(iv) of this section, to accept other employment as	16394
provided under section 4141.291 of the Revised Code, or left or	16395
was separated from employment that was concurrent employment at	16396
the time of the most recent separation or within six weeks prior	16397
to the most recent separation where the remuneration, hours, or	16398
other conditions of such concurrent employment were substantially	16399
less favorable than the individual's most recent employment and	16400
where such employment, if offered as new work, would be considered	16401
not suitable under the provisions of divisions (E) and (F) of this	16402
section. Any benefits that would otherwise be chargeable to the	16403
account of the employer from whom an individual has left	16404
employment or was separated from employment that was concurrent	16405
employment under conditions described in division (D)(2)(a)(iii)	16406
of this section, shall instead be charged to the mutualized	16407
account created by division (B) of section 4141.25 of the Revised	16408
Code, except that any benefits chargeable to the account of a	16409
reimbursing employer under division (D)(2)(a)(iii) of this section	16410
shall be charged to the account of the reimbursing employer and	16411
not to the mutualized account, except as provided in division	16412
(D)(2) of section 4141.24 of the Revised Code.	16413

(iv) When an individual has been issued a definite layoff	16414
date by the individual's employer and before the layoff date, the	16415
individual quits to accept other employment, the provisions of	16416
division (D)(2)(a)(iii) of this section apply and no	16417
disqualification shall be imposed under division (D) of this	16418
section. However, if the individual fails to meet the employment	16419
and earnings requirements of division (A)(2) of section 4141.291	16420
of the Revised Code, then the individual, pursuant to division	16421
(A)(5) of this section, shall be ineligible for benefits for any	16422
week of unemployment that occurs prior to the layoff date.	16423

(b) The individual has refused without good cause to accept	16424
an offer of suitable work when made by an employer either in	16425
person or to the individual's last known address, or has refused	16426
or failed to investigate a referral to suitable work when directed	16427
to do so by a local employment office of this state or another	16428
state, provided that this division shall not cause a	16429
disqualification for a waiting week or benefits under the	16430
following circumstances:	16431

(i) When work is offered by the individual's employer and the	16432
individual is not required to accept the offer pursuant to the	16433
terms of the labor-management contract or agreement; or	16434

(ii) When the individual is attending a training course	16435
pursuant to division (A)(4) of this section except, in the event	16436
of a refusal to accept an offer of suitable work or a refusal or	16437
failure to investigate a referral, benefits thereafter paid to	16438
such individual shall not be charged to the account of any	16439
employer and, except as provided in division (B)(1)(b) of section	16440
4141.241 of the Revised Code, shall be charged to the mutualized	16441
account as provided in division (B) of section 4141.25 of the	16442
Revised Code.	16443

(c) Such individual quit work to marry or because of marital,	16444
parental, filial, or other domestic obligations.	16445

(d) The individual became unemployed by reason of commitment	16446
to any correctional institution.	16447

(e) The individual became unemployed because of dishonesty in	16448
connection with the individual's most recent or any base period	16449
work. Remuneration earned in such work shall be excluded from the	16450
individual's total base period remuneration and qualifying weeks	16451
that otherwise would be credited to the individual for such work	16452
in the individual's base period shall not be credited for the	16453
purpose of determining the total benefits to which the individual	16454
is eligible and the weekly benefit amount to be paid under section	16455
4141.30 of the Revised Code. Such excluded remuneration and	16456
noncredited qualifying weeks shall be excluded from the	16457
calculation of the maximum amount to be charged, under division	16458
(D) of section 4141.24 and section 4141.33 of the Revised Code,	16459
against the accounts of the individual's base period employers. In	16460
addition, no benefits shall thereafter be paid to the individual	16461
based upon such excluded remuneration or noncredited qualifying	16462
weeks.	16463

For purposes of division (D)(2)(e) of this section,	16464
"dishonesty" means the commission of substantive theft, fraud, or	16465
deceitful acts.	16466

(E) No individual otherwise qualified to receive benefits	16467
shall lose the right to benefits by reason of a refusal to accept	16468
new work if:	16469

(1) As a condition of being so employed the individual would	16470
be required to join a company union, or to resign from or refrain	16471
from joining any bona fide labor organization, or would be denied	16472
the right to retain membership in and observe the lawful rules of	16473
any such organization.	16474

(2) The position offered is vacant due directly to a strike,	16475
lockout, or other labor dispute.	16476

(3) The work is at an unreasonable distance from the	16477
individual's residence, having regard to the character of the work	16478
the individual has been accustomed to do, and travel to the place	16479
of work involves expenses substantially greater than that required	16480
for the individual's former work, unless the expense is provided	16481
for.	16482

(4) The remuneration, hours, or other conditions of the work	16483
offered are substantially less favorable to the individual than	16484
those prevailing for similar work in the locality.	16485

(F) Subject to the special exceptions contained in division	16486
(A)(4)(f) of this section and section 4141.301 of the Revised	16487
Code, in determining whether any work is suitable for a claimant	16488
in the administration of this chapter, the director, in addition	16489
to the determination required under division (E) of this section,	16490
shall consider the degree of risk to the claimant's health,	16491
safety, and morals, the individual's physical fitness for the	16492
work, the individual's prior training and experience, the length	16493
of the individual's unemployment, the distance of the available	16494
work from the individual's residence, and the individual's	16495
prospects for obtaining local work.	16496

(G) The "duration of unemployment" as used in this section	16497
means the full period of unemployment next ensuing after a	16498
separation from any base period or subsequent work and until an	16499
individual has become reemployed in employment subject to this	16500
chapter, or the unemployment compensation act of another state, or	16501
of the United States, and until such individual has worked six	16502
weeks and for those weeks has earned or been paid remuneration	16503
equal to six times an average weekly wage of not less than:	16504
eighty-five dollars and ten cents per week beginning on June 26,	16505
1990; and beginning on and after January 1, 1992, twenty-seven and	16506
one-half per cent of the statewide average weekly wage as computed	16507
each first day of January under division (B)(3) of section 4141.30	16508
of the Revised Code, rounded down to the nearest dollar, except	16509
for purposes of division (D)(2)(c) of this section, such term	16510
means the full period of unemployment next ensuing after a	16511
separation from such work and until such individual has become	16512
reemployed subject to the terms set forth above, and has earned	16513
wages equal to one-half of the individual's average weekly wage or	16514
sixty dollars, whichever is less.	16515

(H) If a claimant is disqualified under division (D)(2)(a),	16516
(c), or (d) of this section or found to be qualified under the	16517
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	16518
this section or division (A)(2) of section 4141.291 of the Revised	16519
Code, then benefits that may become payable to such claimant,	16520
which are chargeable to the account of the employer from whom the	16521
individual was separated under such conditions, shall be charged	16522
to the mutualized account provided in section 4141.25 of the	16523
Revised Code, provided that no charge shall be made to the	16524
mutualized account for benefits chargeable to a reimbursing	16525
employer, except as provided in division (D)(2) of section 4141.24	16526
of the Revised Code. In the case of a reimbursing employer, the	16527
director shall refund or credit to the account of the reimbursing	16528
employer any over-paid benefits that are recovered under division	16529
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	16530
other states, the United States, or Canada that are subject to	16531
agreements and arrangements that are established pursuant to	16532
section 4141.43 of the Revised Code shall be credited or	16533
reimbursed according to the agreements and arrangements to which	16534
the chargeable amounts are subject.	16535

(I)(1) Benefits based on service in employment as provided in	16536
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	16537
shall be payable in the same amount, on the same terms, and	16538
subject to the same conditions as benefits payable on the basis of	16539
other service subject to this chapter; except that after December	16540
31, 1977:	16541

(a) Benefits based on service in an instructional, research,	16542
or principal administrative capacity in an institution of higher	16543
education, as defined in division (Y) of section 4141.01 of the	16544
Revised Code; or for an educational institution as defined in	16545
division (CC) of section 4141.01 of the Revised Code, shall not be	16546
paid to any individual for any week of unemployment that begins	16547
during the period between two successive academic years or terms,	16548
or during a similar period between two regular but not successive	16549
terms or during a period of paid sabbatical leave provided for in	16550
the individual's contract, if the individual performs such	16551
services in the first of those academic years or terms and has a	16552
contract or a reasonable assurance that the individual will	16553
perform services in any such capacity for any such institution in	16554
the second of those academic years or terms.	16555

(b) Benefits based on service for an educational institution	16556
or an institution of higher education in other than an	16557
instructional, research, or principal administrative capacity,	16558
shall not be paid to any individual for any week of unemployment	16559
which begins during the period between two successive academic	16560
years or terms of the employing educational institution or	16561
institution of higher education, provided the individual performed	16562
those services for the educational institution or institution of	16563
higher education during the first such academic year or term and,	16564
there is a reasonable assurance that such individual will perform	16565
those services for any educational institution or institution of	16566
higher education in the second of such academic years or terms.	16567

If compensation is denied to any individual for any week	16568
under division (I)(1)(b) of this section and the individual was	16569
not offered an opportunity to perform those services for an	16570
institution of higher education or for an educational institution	16571
for the second of such academic years or terms, the individual is	16572
entitled to a retroactive payment of compensation for each week	16573
for which the individual timely filed a claim for compensation and	16574
for which compensation was denied solely by reason of division	16575
(I)(1)(b) of this section. An application for retroactive benefits	16576
shall be timely filed if received by the director or the	16577
director's deputy within or prior to the end of the fourth full	16578
calendar week after the end of the period for which benefits were	16579
denied because of reasonable assurance of employment. The	16580
provision for the payment of retroactive benefits under division	16581
(I)(1)(b) of this section is applicable to weeks of unemployment	16582
beginning on and after November 18, 1983. The provisions under	16583
division (I)(1)(b) of this section shall be retroactive to	16584
September 5, 1982, only if, as a condition for full tax credit	16585
against the tax imposed by the "Federal Unemployment Tax Act," 53	16586
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	16587
secretary of labor determines that retroactivity is required by	16588
federal law.	16589

(c) With respect to weeks of unemployment beginning after	16590
December 31, 1977, benefits shall be denied to any individual for	16591
any week which commences during an established and customary	16592
vacation period or holiday recess, if the individual performs any	16593
services described in divisions (I)(1)(a) and (b) of this section	16594
in the period immediately before the vacation period or holiday	16595
recess, and there is a reasonable assurance that the individual	16596
will perform any such services in the period immediately following	16597
the vacation period or holiday recess.	16598

(d) With respect to any services described in division	16599
(I)(1)(a), (b), or (c) of this section, benefits payable on the	16600
basis of services in any such capacity shall be denied as	16601
specified in division (I)(1)(a), (b), or (c) of this section to	16602
any individual who performs such services in an educational	16603
institution or institution of higher education while in the employ	16604
of an educational service agency. For this purpose, the term	16605
"educational service agency" means a governmental agency or	16606
governmental entity that is established and operated exclusively	16607
for the purpose of providing services to one or more educational	16608
institutions or one or more institutions of higher education.	16609

(e) Any individual employed by a county board of	16610
developmental disabilities shall be notified by the thirtieth day	16611
of April each year if the individual is not to be reemployed the	16612
following academic year.	16613

(f) Any individual employed by a school district, other than	16614
a municipal school district as defined in section 3311.71 of the	16615
Revised Code, shall be notified by the first day of June each year	16616
if the individual is not to be reemployed the following academic	16617
year.	16618

(2) No disqualification will be imposed, between academic	16619
years or terms or during a vacation period or holiday recess under	16620
this division, unless the director or the director's deputy has	16621
received a statement in writing from the educational institution	16622
or institution of higher education that the claimant has a	16623
contract for, or a reasonable assurance of, reemployment for the	16624
ensuing academic year or term.	16625

(3) If an individual has employment with an educational	16626
institution or an institution of higher education and employment	16627
with a noneducational employer, during the base period of the	16628
individual's benefit year, then the individual may become eligible	16629
for benefits during the between-term, or vacation or holiday	16630
recess, disqualification period, based on employment performed for	16631
the noneducational employer, provided that the employment is	16632
sufficient to qualify the individual for benefit rights separately	16633
from the benefit rights based on school employment. The weekly	16634
benefit amount and maximum benefits payable during a	16635
disqualification period shall be computed based solely on the	16636
nonschool employment.	16637

(J) Benefits shall not be paid on the basis of employment	16638
performed by an alien, unless the alien had been lawfully admitted	16639
to the United States for permanent residence at the time the	16640
services were performed, was lawfully present for purposes of	16641
performing the services, or was otherwise permanently residing in	16642
the United States under color of law at the time the services were	16643
performed, under section 212(d)(5) of the "Immigration and	16644
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	16645

(1) Any data or information required of individuals applying	16646
for benefits to determine whether benefits are not payable to them	16647
because of their alien status shall be uniformly required from all	16648
applicants for benefits.	16649

(2) In the case of an individual whose application for	16650
benefits would otherwise be approved, no determination that	16651
benefits to the individual are not payable because of the	16652
individual's alien status shall be made except upon a	16653
preponderance of the evidence that the individual had not, in	16654
fact, been lawfully admitted to the United States.	16655

(K) The director shall establish and utilize a system of	16656
profiling all new claimants under this chapter that:	16657

(1) Identifies which claimants will be likely to exhaust	16658
regular compensation and will need job search assistance services	16659
to make a successful transition to new employment;	16660

(2) Refers claimants identified pursuant to division (K)(1)	16661
of this section to reemployment services, such as job search	16662
assistance services, available under any state or federal law;	16663

(3) Collects follow-up information relating to the services	16664
received by such claimants and the employment outcomes for such	16665
claimant's subsequent to receiving such services and utilizes such	16666
information in making identifications pursuant to division (K)(1)	16667
of this section; and	16668

(4) Meets such other requirements as the United States	16669
secretary of labor determines are appropriate.	16670

(L) Except as otherwise provided in division (A)(6) of this	16671
section, ineligibility pursuant to division (A) of this section	16672
shall begin on the first day of the week in which the claimant	16673
becomes ineligible for benefits and shall end on the last day of	16674
the week preceding the week in which the claimant satisfies the	16675
eligibility requirements.	16676

(M) The director may adopt rules that the director considers	16677
necessary for the administration of division (A) of this section.	16678

Sec. 4141.35. (A) If the director of job and family services	16679
finds that any fraudulent misrepresentation has been made by an	16680
applicant for or a recipient of benefits with the object of	16681
obtaining benefits to which the applicant or recipient was not	16682
entitled, and in addition to any other penalty or forfeiture under	16683
this chapter, then the director:	16684

(1) Shall within four years after the end of the benefit year	16685
in which the fraudulent misrepresentation was made reject or	16686
cancel such person's entire weekly claim for benefits that was	16687
fraudulently claimed, or the person's entire benefit rights if the	16688
misrepresentation was in connection with the filing of the	16689
claimant's application for determination of benefit rights;	16690

(2) Shall by order declare that, for each application for	16691
benefit rights and for each weekly claim canceled, such person	16692
shall be ineligible for two otherwise valid weekly claims for	16693
benefits, claimed within six years subsequent to the discovery of	16694
such misrepresentation;	16695

(3) By order shall require that the total amount of benefits	16696
rejected or canceled under division (A)(1) of this section be	16697
repaid to the director before such person may become eligible for	16698
further benefits, and shall withhold such unpaid sums from future	16699
benefit payments accruing and otherwise payable to such claimant.	16700
Effective with orders issued on or after January 1, 1993, if such	16701
benefits are not repaid within thirty days after the director's	16702
order becomes final, interest on the amount remaining unpaid shall	16703
be charged to the person at a rate and calculated in the same	16704
manner as provided under section 4141.23 of the Revised Code. When	16705
a person ordered to repay benefits has repaid all overpaid	16706
benefits according to a plan approved by the director, the	16707
director may cancel the amount of interest that accrued during the	16708
period of the repayment plan. The director may take action in any	16709
court of competent jurisdiction to collect benefits and interest	16710
as provided in sections 4141.23 and 4141.27 of the Revised Code,	16711
in regard to the collection of unpaid contributions, using the	16712
final repayment order as the basis for such action. Except as	16713
otherwise provided in this division, no administrative or legal	16714
proceedings for the collection of such benefits or interest due,	16715
or for the collection of a penalty under division (A)(4) of this	16716
section, shall be initiated after the expiration of six years from	16717
the date on which the director's order requiring repayment became	16718
final and the amount of any benefits, penalty, or interest not	16719
recovered at that time, and any liens thereon, shall be canceled	16720
as uncollectible. The time limit for instituting proceedings shall	16721
be extended by the period of any stay to the collection or by any	16722
other time period to which the parties mutually agree.	16723

(4) Shall, for findings made on or after October 21, 2013, by	16724
order assess a mandatory penalty on such a person in an amount	16725
equal to twenty-five per cent of the total amount of benefits	16726
rejected or canceled under division (A)(1) of this section. The	16727
first sixty per cent of each penalty collected under division	16728
(A)(4) of this section shall be deposited into the unemployment	16729
compensation fund created under section 4141.09 of the Revised	16730
Code~~, and the~~and shall be credited to the mutualized account, as	16731
provided in division (B)(2)(g) of section 4141.25 of the Revised	16732
Code. The remainder of each penalty collected shall be deposited	16733
into the unemployment compensation special administrative fund	16734
created under section 4141.11 of the Revised Code.	16735

(5) May take action to collect benefits fraudulently obtained	16736
under the unemployment compensation law of any other state or the	16737
United States or Canada. Such action may be initiated in the	16738
courts of this state in the same manner as provided for unpaid	16739
contributions in section 4141.41 of the Revised Code.	16740

(6) May take action to collect benefits that have been	16741
fraudulently obtained from the director, interest pursuant to	16742
division (A)(3) of this section, and court costs, through	16743
attachment proceedings under Chapter 2715. of the Revised Code and	16744
garnishment proceedings under Chapter 2716. of the Revised Code.	16745

(B) If the director finds that an applicant for benefits has	16746
been credited with a waiting period or paid benefits to which the	16747
applicant was not entitled for reasons other than fraudulent	16748
misrepresentation, the director shall:	16749

(1)(a) Within six months after the determination under which	16750
the claimant was credited with that waiting period or paid	16751
benefits becomes final pursuant to section 4141.28 of the Revised	16752
Code, or within three years after the end of the benefit year in	16753
which such benefits were claimed, whichever is later, by order	16754
cancel such waiting period and require that such benefits be	16755
repaid to the director or be withheld from any benefits to which	16756
such applicant is or may become entitled before any additional	16757
benefits are paid, provided that the repayment or withholding	16758
shall not be required where the overpayment is the result of the	16759
director's correcting a prior decision due to a typographical or	16760
clerical error in the director's prior decision, or an error in an	16761
employer's report under division (G) of section 4141.28 of the	16762
Revised Code.	16763

(b) The limitation specified in division (B)(1)(a) of this	16764
section shall not apply to cases involving the retroactive payment	16765
of remuneration covering periods for which benefits were	16766
previously paid to the claimant. However, in such cases, the	16767
director's order requiring repayment shall not be issued unless	16768
the director is notified of such retroactive payment within six	16769
months from the date the retroactive payment was made to the	16770
claimant.	16771

(2) The director may, by reciprocal agreement with the United	16772
States secretary of labor or another state, recover overpayment	16773
amounts from unemployment benefits otherwise payable to an	16774
individual under Chapter 4141. of the Revised Code. Any	16775
overpayments made to the individual that have not previously been	16776
recovered under an unemployment benefit program of the United	16777
States may be recovered in accordance with section 303(g) of the	16778
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the	16779
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A.	16780
3301 to 3311.	16781

(3) If the amounts required to be repaid under division (B)	16782
of this section are not recovered within three years from the date	16783
the director's order requiring payment became final, initiate no	16784
further action to collect such benefits and the amount of any	16785
benefits not recovered at that time shall be canceled as	16786
uncollectible, provided that the time limit for collection shall	16787
be extended by the period of any stay to the collection or by any	16788
other time period to which the parties mutually agree.	16789

(C) The appeal provisions of sections 4141.281 and 4141.282	16790
of the Revised Code shall apply to all orders and determinations	16791
issued under this section, except that an individual's right of	16792
appeal under division (B)(2) of this section shall be limited to	16793
this state's authority to recover overpayment of benefits.	16794

(D) If an individual makes a full repayment or a repayment	16795
that is less than the full amount required by this section, the	16796
director shall apply the repayment to the mutualized account under	16797
division (B) of section 4141.25 of the Revised Code, except that	16798
the director shall credit the repayment to the accounts of the	16799
individual's base period employers that previously have not been	16800
credited for the amount of improperly paid benefits charged	16801
against their accounts based on the proportion of benefits charged	16802
against the accounts as determined pursuant to division (D) of	16803
section 4141.24 of the Revised Code.	16804

The director shall deposit any repayment collected under this	16805
section that the director determines to be payment of interest or	16806
court costs into the unemployment compensation special	16807
administrative fund established pursuant to section 4141.11 of the	16808
Revised Code.	16809

This division does not apply to ~~federal~~any of the following:

16810

(1) Federal tax refund offsets under 31 C.F.R. 285.8;

16811

(2) Unclaimed fund recoveries under section 131.024 of the	16812
Revised Code;	16813

(3) Lottery award offsets under section 3770.073 of the	16814
Revised Code;	16815

(4) State tax refund offsets under section 5747.12 of the	16816
Revised Code.	16817

Sec. 4301.07. Each member of the liquor control commission	16818
shall devote the member's entire time to the duties of office and	16819
shall hold no other ~~public position~~office of trust or profit. No	16820
member of the commission, nor the superintendent of liquor	16821
control, nor any of the employees of the commission or of the	16822
division of liquor control, shall have any direct financial	16823
interest in, or any interest otherwise prohibited by Chapter 102.	16824
or section 2921.42 or 2921.43 of the Revised Code in, the	16825
manufacture, distribution, or sale of beer or intoxicating liquor.	16826

Each member of the commission and the chairperson shall	16827
receive a salary fixed pursuant to division (J) of section 124.15	16828
of the Revised Code. In addition to that salary, each member shall	16829
receive actual and necessary travel expenses in connection with	16830
commission hearings and business. The chairperson shall be an	16831
attorney at law who has had five years of active law practice.	16832

As used in this section only, "office of trust or profit"	16833
means:	16834

(A) A federal or state elective office or an elected office	16835
of a political subdivision of the state;	16836

(B) A position on a board or commission of the state that is	16837
appointed by the governor;	16838

(C) An office set forth in section 121.03, 121.04, or 121.05	16839
of the Revised Code;	16840

(D) An office of the government of the United States that is	16841
appointed by the president of the United States.	16842

Sec. 4303.021. (A) Permit A-1-A may be issued to the holder	16843
of an A-1, A-1c, or A-2 permit to sell beer and any intoxicating	16844
liquor at retail, only by the individual drink in glass or from a	16845
container, provided that one of the following applies to the A-1-A	16846
permit premises:	16847

(1) It is situated on the same parcel or tract of land as the	16848
related A-1, A-1c, or A-2 manufacturing permit premises.	16849

(2) It is separated from the parcel or tract of land on which	16850
is located the A-1, A-1c, or A-2 manufacturing permit premises	16851
only by public streets or highways or by other lands owned by the	16852
holder of the A-1, A-1c, or A-2 permit and used by the holder in	16853
connection with or in promotion of the holder's A-1, A-1c, or A-2	16854
permit business.	16855

(3) It is situated on a parcel or tract of land that is not	16856
more than one-half mile from the A-1, A-1c, or A-2 manufacturing	16857
permit premises.	16858

(B) The fee for this permit is three thousand nine hundred	16859
six dollars.	16860

(C)(1) The holder of an A-1-A permit may sell beer and any	16861
intoxicating liquor during the same hours as the holders of D-5	16862
permits under this chapter or Chapter 4301. of the Revised Code or	16863
the rules of the liquor control commission and shall obtain a	16864
license as a retail food establishment or a food service operation	16865
pursuant to Chapter 3717. of the Revised Code and operate as a	16866
restaurant for purposes of this chapter.	16867

(2) If a permit A-1-A is issued to the holder of an A-1 or	16868
A-1c permit, the A-1-A permit holder may sell beer at the A-1-A	16869
permit premises dispensed in glass containers with a capacity that	16870
does not exceed one gallon and not for consumption on the premises	16871
where sold if all of the following apply:	16872

(a) The A-1-A permit premises is situated in the same	16873
municipal corporation or township as the related A-1 or A-1c	16874
manufacturing permit premises.	16875

(b) The containers are sealed, marked, and transported in	16876
accordance with division (E) of section 4301.62 of the Revised	16877
Code.	16878

(c) The containers have been cleaned immediately before being	16879
filled in accordance with rule 4301:1-1-28 of the Administrative	16880
Code.	16881

(D) Except as otherwise provided in this section, nothe	16882
division of liquor control shall not issue a new A-1-A permit	16883
~~shall be issued~~ to the holder of an A-1, A-1c, or A-2 permit	16884
unless the sale of beer and intoxicating liquor under class D	16885
permits is permitted in the precinct in which the A-1, A-1c, or	16886
A-2 permit is located and, in the case of an A-2 permit, unless	16887
the holder of the A-2 permit manufactures or has a storage	16888
capacity of at least twenty-five thousand gallons of wine per	16889
year. The immediately preceding sentence does not prohibit the	16890
issuance of an A-1-A permit to an applicant for such a permit who	16891
is the holder of an A-1 permit and whose application was filed	16892
with the division of liquor control before June 1, 1994. The	16893
liquor control commission shall not restrict the number of A-1-A	16894
permits which may be located within a precinct.	16895

Sec. 4503.44. (A) As used in this section and in section	16896
4511.69 of the Revised Code:	16897

(1) "Person with a disability that limits or impairs the	16898
ability to walk" means any person who, as determined by a health	16899
care provider, meets any of the following criteria:	16900

(a) Cannot walk two hundred feet without stopping to rest;

16901

(b) Cannot walk without the use of, or assistance from, a	16902
brace, cane, crutch, another person, prosthetic device,	16903
wheelchair, or other assistive device;	16904

(c) Is restricted by a lung disease to such an extent that	16905
the person's forced (respiratory) expiratory volume for one	16906
second, when measured by spirometry, is less than one liter, or	16907
the arterial oxygen tension is less than sixty millimeters of	16908
mercury on room air at rest;	16909

(d) Uses portable oxygen;

16910

(e) Has a cardiac condition to the extent that the person's	16911
functional limitations are classified in severity as class III or	16912
class IV according to standards set by the American heart	16913
association;	16914

(f) Is severely limited in the ability to walk due to an	16915
arthritic, neurological, or orthopedic condition;	16916

(g) Is blind, legally blind, or severely visually impaired.

16917

(2) "Organization" means any private organization or	16918
corporation, or any governmental board, agency, department,	16919
division, or office, that, as part of its business or program,	16920
transports persons with disabilities that limit or impair the	16921
ability to walk on a regular basis in a motor vehicle that has not	16922
been altered for the purpose of providing it with special	16923
equipment for use by persons with disabilities. This definition	16924
does not apply to division ~~(J)~~(I) of this section.	16925

(3) "Health care provider" means a physician, physician	16926
assistant, advanced practice registered nurse, optometrist, or	16927
chiropractor as defined in this section except that an optometrist	16928
shall only make determinations as to division (A)(1)(g) of this	16929
section.	16930

(4) "Physician" means a person licensed to practice medicine	16931
or surgery or osteopathic medicine and surgery under Chapter 4731.	16932
of the Revised Code.	16933

(5) "Chiropractor" means a person licensed to practice	16934
chiropractic under Chapter 4734. of the Revised Code.	16935

(6) "Advanced practice registered nurse" means a certified	16936
nurse practitioner, clinical nurse specialist, certified	16937
registered nurse anesthetist, or certified nurse-midwife who holds	16938
a certificate of authority issued by the board of nursing under	16939
Chapter 4723. of the Revised Code.	16940

(7) "Physician assistant" means a person who holds a	16941
certificate to practice as a physician assistant issued under	16942
Chapter 4730. of the Revised Code.	16943

(8) "Optometrist" means a person licensed to engage in the	16944
practice of optometry under Chapter 4725. of the Revised Code.	16945

(B) ~~Any~~(1) An organization, or a person with a disability	16946
that limits or impairs the ability to walk ~~may apply to the~~	16947
~~registrar of motor vehicles for a removable windshield placard or,~~	16948
~~if the person owns or leases a motor vehicle, the person~~, may	16949
apply for the registration of any motor vehicle the organization	16950
or person owns or leases. ~~In addition to one or more sets of~~	16951
~~license plates or one placard, a person with a disability that~~	16952
~~limits or impairs the ability to walk is entitled to one~~	16953
~~additional placard, but only if the person applies separately for~~	16954
~~the additional placard, states the reasons why the additional~~	16955
~~placard is needed, and the registrar, in the registrar's~~	16956
~~discretion, determines that good and justifiable cause exists to~~	16957
~~approve the request for the additional placard.~~ When a motor	16958
vehicle has been altered for the purpose of providing it with	16959
special equipment for a person with a disability that limits or	16960
impairs the ability to walk, but is owned or leased by someone	16961
other than such a person, the owner or lessee may apply to the	16962
registrar or a deputy registrar for registration under this	16963
section. The application for registration of a motor vehicle owned	16964
or leased by a person with a disability that limits or impairs the	16965
ability to walk shall be accompanied by a signed statement from	16966
the applicant's health care provider certifying that the applicant	16967
meets at least one of the criteria contained in division (A)(1) of	16968
this section and that the disability is expected to continue for	16969
more than six consecutive months. ~~The application for a removable~~	16970
~~windshield placard made by a person with a disability that limits~~	16971
~~or impairs the ability to walk shall be accompanied by a~~	16972
~~prescription from the applicant's health care provider prescribing~~	16973
~~such a placard for the applicant, provided that the applicant~~	16974
~~meets at least one of the criteria contained in division (A)(1) of~~	16975
~~this section. The health care provider shall state on the~~	16976
~~prescription the length of time the health care provider expects~~	16977
~~the applicant to have the disability that limits or impairs the~~	16978
~~applicant's ability to walk. The application for a removable~~	16979
~~windshield placard made by an organization shall be accompanied by~~	16980
~~such documentary evidence of regular transport of persons with~~	16981
~~disabilities that limit or impair the ability to walk by the~~	16982
~~organization as the registrar may require by rule and shall be~~	16983
~~completed in accordance with procedures that the registrar may~~	16984
~~require by rule.~~ The application for registration of a motor	16985
vehicle that has been altered for the purpose of providing it with	16986
special equipment for a person with a disability that limits or	16987
impairs the ability to walk but is owned by someone other than	16988
such a person shall be accompanied by such documentary evidence of	16989
vehicle alterations as the registrar may require by rule.	16990

~~(C)~~(2) When an organization, a person with a disability that	16991
limits or impairs the ability to walk, or a person who does not	16992
have a disability that limits or impairs the ability to walk but	16993
owns a motor vehicle that has been altered for the purpose of	16994
providing it with special equipment for a person with a disability	16995
that limits or impairs the ability to walk first submits an	16996
application for registration of a motor vehicle under this section	16997
and every fifth year thereafter, the organization or person shall	16998
submit a signed statement from the applicant's health care	16999
provider, a completed application, and any required documentary	17000
evidence of vehicle alterations as provided in division (B)(1) of	17001
this section, and also a power of attorney from the owner of the	17002
motor vehicle if the applicant leases the vehicle. Upon submission	17003
of these items, the registrar or deputy registrar shall issue to	17004
the applicant appropriate vehicle registration and a set of	17005
license plates and validation stickers, or validation stickers	17006
alone when required by section 4503.191 of the Revised Code. In	17007
addition to the letters and numbers ordinarily inscribed thereon,	17008
the license plates shall be imprinted with the international	17009
symbol of access. The license plates and validation stickers shall	17010
be issued upon payment of the regular license fee as prescribed	17011
under section 4503.04 of the Revised Code and any motor vehicle	17012
tax levied under Chapter 4504. of the Revised Code, and the	17013
payment of a service fee equal to the amount specified in division	17014
(D) or (G) of section 4503.10 of the Revised Code.	17015

~~(D)~~(C)(1) A person with a disability that limits or impairs	17016
the ability to walk may apply to the registrar of motor vehicles	17017
for a removable windshield placard by completing and signing an	17018
application provided by the registrar. The person shall include	17019
with the application a prescription from the person's health care	17020
provider prescribing such a placard for the person based upon a	17021
determination that the person meets at least one of the criteria	17022
contained in division (A)(1) of this section. The health care	17023
provider shall state on the prescription the length of time the	17024
health care provider expects the applicant to have the disability	17025
that limits or impairs the person's ability to walk.	17026

In addition to one placard or one or more sets of license	17027
plates, a person with a disability that limits or impairs the	17028
ability to walk is entitled to one additional placard, but only if	17029
the person applies separately for the additional placard, states	17030
the reasons why the additional placard is needed, and the	17031
registrar, in the registrar's discretion determines that good and	17032
justifiable cause exists to approve the request for the additional	17033
placard.	17034

(2) An organization may apply to the registrar of motor	17035
vehicles for a removable windshield placard by completing and	17036
signing an application provided by the registrar. The organization	17037
shall comply with any procedures the registrar establishes by	17038
rule. The organization shall include with the application	17039
documentary evidence that the registrar requires by rule showing	17040
that the organization regularly transports persons with	17041
disabilities that limit or impair the ability to walk.	17042

(3) Upon receipt of a completed and signed application for a	17043
removable windshield placard, ~~a prescription as described in~~	17044
~~division (B) of this section, documentary evidence of regular~~	17045
~~transport of persons with disabilities that limit or impair the~~	17046
~~ability to walk, if required~~the accompanying documents required	17047
under division (C)(1) or (2) of this section, and payment of a	17048
service fee equal to the amount specified in division (D) or (G)	17049
of section 4503.10 of the Revised Code, the registrar or deputy	17050
registrar shall issue to the applicant a removable windshield	17051
placard, which shall bear the date of expiration on both sides of	17052
the placard and shall be valid until expired, revoked, or	17053
surrendered. Every removable windshield placard expires as	17054
described in division ~~(D)(2)~~(C)(4) of this section, but in no case	17055
shall a removable windshield placard be valid for a period of less	17056
than sixty days. Removable windshield placards shall be renewable	17057
upon application as provided in division ~~(B)~~(C)(1) or (2) of this	17058
section, and upon payment of a service fee equal to the amount	17059
specified in division (D) or (G) of section 4503.10 of the Revised	17060
Code ~~shall be charged~~ for the renewal of a removable windshield	17061
placard. The registrar shall provide the application form and	17062
shall determine the information to be included thereon. The	17063
registrar also shall determine the form and size of the removable	17064
windshield placard, the material of which it is to be made, and	17065
any other information to be included thereon, and shall adopt	17066
rules relating to the issuance, expiration, revocation, surrender,	17067
and proper display of such placards. Any placard issued after	17068
October 14, 1999, shall be manufactured in a manner that allows	17069
the expiration date of the placard to be indicated on it through	17070
the punching, drilling, boring, or creation by any other means of	17071
holes in the placard.	17072

~~(2)~~(4) At the time a removable windshield placard is issued	17073
to a person with a disability that limits or impairs the ability	17074
to walk, the registrar or deputy registrar shall enter into the	17075
records of the bureau of motor vehicles the last date on which the	17076
person will have that disability, as indicated on the accompanying	17077
prescription. Not less than thirty days prior to that date and all	17078
removable windshield placard renewal dates, the bureau shall send	17079
a renewal notice to that person at the person's last known address	17080
as shown in the records of the bureau, informing the person that	17081
the person's removable windshield placard will expire on the	17082
indicated date not to exceed five years from the date of issuance,	17083
and that the person is required to renew the placard by submitting	17084
to the registrar or a deputy registrar another prescription, as	17085
described in division ~~(B)~~(C)(1) or (2) of this section, and by	17086
complying with the renewal provisions prescribed in division	17087
~~(D)(1)~~(C)(3) of this section. If such a prescription is not	17088
received by the registrar or a deputy registrar by that date, the	17089
placard issued to that person expires and no longer is valid, and	17090
this fact shall be recorded in the records of the bureau.	17091

~~(3)~~(5) At least once every year, on a date determined by the	17092
registrar, the bureau shall examine the records of the office of	17093
vital statistics, located within the department of health, that	17094
pertain to deceased persons, and also the bureau's records of all	17095
persons who have been issued removable windshield placards and	17096
temporary removable windshield placards. If the records of the	17097
office of vital statistics indicate that a person to whom a	17098
removable windshield placard or temporary removable windshield	17099
placard has been issued is deceased, the bureau shall cancel that	17100
placard, and note the cancellation in its records.	17101

The office of vital statistics shall make available to the	17102
bureau all information necessary to enable the bureau to comply	17103
with division ~~(D)(3)~~(C)(5) of this section.	17104

~~(4)~~(6) Nothing in this section shall be construed to require	17105
a person or organization to apply for a removable windshield	17106
placard or special license plates if the ~~parking card or~~ special	17107
license plates issued to the person or organization under prior	17108
law have not expired or been surrendered or revoked.	17109

~~(E)~~(D)(1)(a) ~~Any~~A person with a disability that limits or	17110
impairs the ability to walk may apply to the registrar or a deputy	17111
registrar for a temporary removable windshield placard. The	17112
application for a temporary removable windshield placard shall be	17113
accompanied by a prescription from the applicant's health care	17114
provider prescribing such a placard for the applicant, provided	17115
that the applicant meets at least one of the criteria contained in	17116
division (A)(1) of this section and that the disability is	17117
expected to continue for six consecutive months or less. The	17118
health care provider shall state on the prescription the length of	17119
time the health care provider expects the applicant to have the	17120
disability that limits or impairs the applicant's ability to walk,	17121
which cannot exceed six months from the date of the prescription.	17122
Upon receipt of an application for a temporary removable	17123
windshield placard, presentation of the prescription from the	17124
applicant's health care provider, and payment of a service fee	17125
equal to the amount specified in division (D) or (G) of section	17126
4503.10 of the Revised Code, the registrar or deputy registrar	17127
shall issue to the applicant a temporary removable windshield	17128
placard.	17129

(b) Any active-duty member of the armed forces of the United	17130
States, including the reserve components of the armed forces and	17131
the national guard, who has an illness or injury that limits or	17132
impairs the ability to walk may apply to the registrar or a deputy	17133
registrar for a temporary removable windshield placard. With the	17134
application, the person shall present evidence of the person's	17135
active-duty status and the illness or injury. Evidence of the	17136
illness or injury may include a current department of defense	17137
convalescent leave statement, any department of defense document	17138
indicating that the person currently has an ill or injured	17139
casualty status or has limited duties, or a prescription from any	17140
health care provider prescribing the placard for the applicant.	17141
Upon receipt of the application and the necessary evidence, the	17142
registrar or deputy registrar shall issue the applicant the	17143
temporary removable windshield placard without the payment of any	17144
service fee.	17145

(2) The temporary removable windshield placard shall be of	17146
the same size and form as the removable windshield placard, shall	17147
be printed in white on a red-colored background, and shall bear	17148
the word "temporary" in letters of such size as the registrar	17149
shall prescribe. A temporary removable windshield placard also	17150
shall bear the date of expiration on the front and back of the	17151
placard, and shall be valid until expired, surrendered, or	17152
revoked, but in no case shall such a placard be valid for a period	17153
of less than sixty days. The registrar shall provide the	17154
application form and shall determine the information to be	17155
included on it, provided that the registrar shall not require a	17156
health care provider's prescription or certification for a person	17157
applying under division ~~(E)~~(D)(1)(b) of this section. The	17158
registrar also shall determine the material of which the temporary	17159
removable windshield placard is to be made and any other	17160
information to be included on the placard and shall adopt rules	17161
relating to the issuance, expiration, surrender, revocation, and	17162
proper display of those placards. Any temporary removable	17163
windshield placard issued after October 14, 1999, shall be	17164
manufactured in a manner that allows for the expiration date of	17165
the placard to be indicated on it through the punching, drilling,	17166
boring, or creation by any other means of holes in the placard.	17167

~~(F)~~(E) If an applicant for a removable windshield placard is	17168
a veteran of the armed forces of the United States whose	17169
disability, as defined in division (A)(1) of this section, is	17170
service-connected, the registrar or deputy registrar, upon receipt	17171
of the application, presentation of a signed statement from the	17172
applicant's health care provider certifying the applicant's	17173
disability, and presentation of such documentary evidence from the	17174
department of veterans affairs that the disability of the	17175
applicant meets at least one of the criteria identified in	17176
division (A)(1) of this section and is service-connected as the	17177
registrar may require by rule, but without the payment of any	17178
service fee, shall issue the applicant a removable windshield	17179
placard that is valid until expired, surrendered, or revoked.	17180

~~(G)~~(F) Upon a conviction of a violation of division (H) or	17181
(I)~~, (J), or (K)~~ of this section, the court shall report the	17182
conviction, and send the placard ~~or parking card~~, if available, to	17183
the registrar, who thereupon shall revoke the privilege of using	17184
the placard ~~or parking card~~ and send notice in writing to the	17185
placardholder ~~or cardholder~~ at that holder's last known address as	17186
shown in the records of the bureau, and the placardholder or	17187
~~cardholder~~ shall return the placard ~~or card~~ if not previously	17188
surrendered to the court, to the registrar within ten days	17189
following mailing of the notice.	17190

Whenever a person to whom a removable windshield placard or	17191
~~parking card~~ has been issued moves to another state, the person	17192
shall surrender the placard ~~or card~~ to the registrar; and whenever	17193
an organization to which a placard ~~or card~~ has been issued changes	17194
its place of operation to another state, the organization shall	17195
surrender the placard ~~or card~~ to the registrar.	17196

~~(H)~~(G) Subject to division (F) of section 4511.69 of the	17197
Revised Code, the operator of a motor vehicle displaying a	17198
removable windshield placard, temporary removable windshield	17199
placard, ~~parking card,~~ or the special license plates authorized	17200
by this section is entitled to park the motor vehicle in any	17201
special parking location reserved for persons with disabilities	17202
that limit or impair the ability to walk, also known as	17203
handicapped parking spaces or disability parking spaces.	17204

~~(I)~~(H) No person or organization that is not eligible for the	17205
issuance of license plates or any placard under ~~division (B) or~~	17206
~~(E) of~~ this section shall willfully and falsely represent that the	17207
person or organization is so eligible.	17208

No person or organization shall display license plates issued	17209
under this section unless the license plates have been issued for	17210
the vehicle on which they are displayed and are valid.	17211

~~(J)~~(I) No person or organization to which a removable	17212
windshield placard or temporary removable windshield placard is	17213
issued shall do either of the following:	17214

(1) Display or permit the display of the placard on any motor	17215
vehicle when having reasonable cause to believe the motor vehicle	17216
is being used in connection with an activity that does not include	17217
providing transportation for persons with disabilities that limit	17218
or impair the ability to walk;	17219

(2) Refuse to return or surrender the placard, when required.

17220

~~(K)(1) No person or organization to which a parking card is~~	17221
~~issued shall do either of the following:~~	17222

~~(a) Display or permit the display of the parking card on any~~	17223
~~motor vehicle when having reasonable cause to believe the motor~~	17224
~~vehicle is being used in connection with an activity that does not~~	17225
~~include providing transportation for a person with a disability;~~	17226

~~(b) Refuse to return or surrender the parking card, when~~	17227
~~required.~~	17228

~~(2) As used in division (K) of this section:~~

17229

~~(a) "Person with a disability" means any person who has lost~~	17230
~~the use of one or both legs or one or both arms, who is blind,~~	17231
~~deaf, or so severely disabled as to be unable to move about~~	17232
~~without the aid of crutches or a wheelchair, or whose mobility is~~	17233
~~restricted by a permanent cardiovascular, pulmonary, or other~~	17234
~~disabling condition.~~	17235

~~(b) "Organization" means any private organization or~~	17236
~~corporation, or any governmental board, agency, department,~~	17237
~~division, or office, that, as part of its business or program,~~	17238
~~transports persons with disabilities on a regular basis in a motor~~	17239
~~vehicle that has not been altered for the purposes of providing it~~	17240
~~with special equipment for use by persons with disabilities.~~	17241

~~(L)~~(J) If a removable windshield placard, temporary removable	17242
windshield placard, or parking card is lost, destroyed, or	17243
mutilated, the placardholder or cardholder may obtain a duplicate	17244
by doing both of the following:	17245

(1) Furnishing suitable proof of the loss, destruction, or	17246
mutilation to the registrar;	17247

(2) Paying a service fee equal to the amount specified in	17248
division (D) or (G) of section 4503.10 of the Revised Code.	17249

Any placardholder or cardholder who loses a placard or card	17250
and, after obtaining a duplicate, finds the original, immediately	17251
shall surrender the original placard or card to the registrar.	17252

~~(M)~~(K)(1) The registrar shall pay all fees received under	17253
this section for the issuance of removable windshield placards or	17254
temporary removable windshield placards or duplicate removable	17255
windshield placards or cards into the state treasury to the credit	17256
of the state bureau of motor vehicles fund created in section	17257
4501.25 of the Revised Code.	17258

~~(N)~~(2) In addition to the fees collected under this section,	17259
the registrar or deputy registrar shall ask each person applying	17260
for a removable windshield placard or temporary removable	17261
windshield placard or duplicate removable windshield placard or	17262
license plate issued under this section, whether the person wishes	17263
to make a two-dollar voluntary contribution to support	17264
rehabilitation employment services. The registrar shall transmit	17265
the contributions received under this division to the treasurer of	17266
state for deposit into the rehabilitation employment fund, which	17267
is hereby created in the state treasury. A deputy registrar shall	17268
transmit the contributions received under this division to the	17269
registrar in the time and manner prescribed by the registrar. The	17270
contributions in the fund shall be used by the opportunities for	17271
Ohioans with disabilities agency to purchase services related to	17272
vocational evaluation, work adjustment, personal adjustment, job	17273
placement, job coaching, and community-based assessment from	17274
accredited community rehabilitation program facilities.	17275

~~(O)~~(L) For purposes of enforcing this section, every peace	17276
officer is deemed to be an agent of the registrar. Any peace	17277
officer or any authorized employee of the bureau of motor vehicles	17278
who, in the performance of duties authorized by law, becomes aware	17279
of a person whose placard or parking card has been revoked	17280
pursuant to this section, may confiscate that placard or parking	17281
card and return it to the registrar. The registrar shall prescribe	17282
any forms used by law enforcement agencies in administering this	17283
section.	17284

No peace officer, law enforcement agency employing a peace	17285
officer, or political subdivision or governmental agency employing	17286
a peace officer, and no employee of the bureau is liable in a	17287
civil action for damages or loss to persons arising out of the	17288
performance of any duty required or authorized by this section. As	17289
used in this division, "peace officer" has the same meaning as in	17290
division (B) of section 2935.01 of the Revised Code.	17291

~~(P)~~(M) All applications for registration of motor vehicles,	17292
removable windshield placards, and temporary removable windshield	17293
placards issued under this section, all renewal notices for such	17294
items, and all other publications issued by the bureau that relate	17295
to this section shall set forth the criminal penalties that may be	17296
imposed upon a person who violates any provision relating to	17297
special license plates issued under this section, the parking of	17298
vehicles displaying such license plates, and the issuance,	17299
procurement, use, and display of removable windshield placards and	17300
temporary removable windshield placards issued under this section.	17301

~~(Q)~~(N) Whoever violates this section is guilty of a	17302
misdemeanor of the fourth degree.	17303

Sec. 4511.191. (A)(1) As used in this section:

17304

(a) "Physical control" has the same meaning as in section	17305
4511.194 of the Revised Code.	17306

(b) "Alcohol monitoring device" means any device that	17307
provides for continuous alcohol monitoring, any ignition interlock	17308
device, any immobilizing or disabling device other than an	17309
ignition interlock device that is constantly available to monitor	17310
the concentration of alcohol in a person's system, or any other	17311
device that provides for the automatic testing and periodic	17312
reporting of alcohol consumption by a person and that a court	17313
orders a person to use as a sanction imposed as a result of the	17314
person's conviction of or plea of guilty to an offense.	17315

(2) Any person who operates a vehicle, streetcar, or	17316
trackless trolley upon a highway or any public or private property	17317
used by the public for vehicular travel or parking within this	17318
state or who is in physical control of a vehicle, streetcar, or	17319
trackless trolley shall be deemed to have given consent to a	17320
chemical test or tests of the person's whole blood, blood serum or	17321
plasma, breath, or urine to determine the alcohol, drug of abuse,	17322
controlled substance, metabolite of a controlled substance, or	17323
combination content of the person's whole blood, blood serum or	17324
plasma, breath, or urine if arrested for a violation of division	17325
(A) or (B) of section 4511.19 of the Revised Code, section	17326
4511.194 of the Revised Code or a substantially equivalent	17327
municipal ordinance, or a municipal OVI ordinance.	17328

(3) The chemical test or tests under division (A)(2) of this	17329
section shall be administered at the request of a law enforcement	17330
officer having reasonable grounds to believe the person was	17331
operating or in physical control of a vehicle, streetcar, or	17332
trackless trolley in violation of a division, section, or	17333
ordinance identified in division (A)(2) of this section. The law	17334
enforcement agency by which the officer is employed shall	17335
designate which of the tests shall be administered.	17336

(4) Any person who is dead or unconscious, or who otherwise	17337
is in a condition rendering the person incapable of refusal, shall	17338
be deemed to have consented as provided in division (A)(2) of this	17339
section, and the test or tests may be administered, subject to	17340
sections 313.12 to 313.16 of the Revised Code.	17341

(5)(a) If a law enforcement officer arrests a person for a	17342
violation of division (A) or (B) of section 4511.19 of the Revised	17343
Code, section 4511.194 of the Revised Code or a substantially	17344
equivalent municipal ordinance, or a municipal OVI ordinance and	17345
if the person if convicted would be required to be sentenced under	17346
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	17347
Code, the law enforcement officer shall request the person to	17348
submit, and the person shall submit, to a chemical test or tests	17349
of the person's whole blood, blood serum or plasma, breath, or	17350
urine for the purpose of determining the alcohol, drug of abuse,	17351
controlled substance, metabolite of a controlled substance, or	17352
combination content of the person's whole blood, blood serum or	17353
plasma, breath, or urine. A law enforcement officer who makes a	17354
request pursuant to this division that a person submit to a	17355
chemical test or tests is not required to advise the person of the	17356
consequences of submitting to, or refusing to submit to, the test	17357
or tests and is not required to give the person the form described	17358
in division (B) of section 4511.192 of the Revised Code, but the	17359
officer shall advise the person at the time of the arrest that if	17360
the person refuses to take a chemical test the officer may employ	17361
whatever reasonable means are necessary to ensure that the person	17362
submits to a chemical test of the person's whole blood or blood	17363
serum or plasma. The officer shall also advise the person at the	17364
time of the arrest that the person may have an independent	17365
chemical test taken at the person's own expense. Divisions (A)(3)	17366
and (4) of this section apply to the administration of a chemical	17367
test or tests pursuant to this division.	17368

(b) If a person refuses to submit to a chemical test upon a	17369
request made pursuant to division (A)(5)(a) of this section, the	17370
law enforcement officer who made the request may employ whatever	17371
reasonable means are necessary to ensure that the person submits	17372
to a chemical test of the person's whole blood or blood serum or	17373
plasma. A law enforcement officer who acts pursuant to this	17374
division to ensure that a person submits to a chemical test of the	17375
person's whole blood or blood serum or plasma is immune from	17376
criminal and civil liability based upon a claim for assault and	17377
battery or any other claim for the acts, unless the officer so	17378
acted with malicious purpose, in bad faith, or in a wanton or	17379
reckless manner.	17380

(B)(1) Upon receipt of the sworn report of a law enforcement	17381
officer who arrested a person for a violation of division (A) or	17382
(B) of section 4511.19 of the Revised Code, section 4511.194 of	17383
the Revised Code or a substantially equivalent municipal	17384
ordinance, or a municipal OVI ordinance that was completed and	17385
sent to the registrar of motor vehicles and a court pursuant to	17386
section 4511.192 of the Revised Code in regard to a person who	17387
refused to take the designated chemical test, the registrar shall	17388
enter into the registrar's records the fact that the person's	17389
driver's or commercial driver's license or permit or nonresident	17390
operating privilege was suspended by the arresting officer under	17391
this division and that section and the period of the suspension,	17392
as determined under this section. The suspension shall be subject	17393
to appeal as provided in section 4511.197 of the Revised Code. The	17394
suspension shall be for whichever of the following periods	17395
applies:	17396

(a) Except when division (B)(1)(b), (c), or (d) of this	17397
section applies and specifies a different class or length of	17398
suspension, the suspension shall be a class C suspension for the	17399
period of time specified in division (B)(3) of section 4510.02 of	17400
the Revised Code.	17401

(b) If the arrested person, within six years of the date on	17402
which the person refused the request to consent to the chemical	17403
test, had refused one previous request to consent to a chemical	17404
test or had been convicted of or pleaded guilty to one violation	17405
of division (A) or (B) of section 4511.19 of the Revised Code or	17406
one other equivalent offense, the suspension shall be a class B	17407
suspension imposed for the period of time specified in division	17408
(B)(2) of section 4510.02 of the Revised Code.	17409

(c) If the arrested person, within six years of the date on	17410
which the person refused the request to consent to the chemical	17411
test, had refused two previous requests to consent to a chemical	17412
test, had been convicted of or pleaded guilty to two violations of	17413
division (A) or (B) of section 4511.19 of the Revised Code or	17414
other equivalent offenses, or had refused one previous request to	17415
consent to a chemical test and also had been convicted of or	17416
pleaded guilty to one violation of division (A) or (B) of section	17417
4511.19 of the Revised Code or other equivalent offenses, which	17418
violation or offense arose from an incident other than the	17419
incident that led to the refusal, the suspension shall be a class	17420
A suspension imposed for the period of time specified in division	17421
(B)(1) of section 4510.02 of the Revised Code.	17422

(d) If the arrested person, within six years of the date on	17423
which the person refused the request to consent to the chemical	17424
test, had refused three or more previous requests to consent to a	17425
chemical test, had been convicted of or pleaded guilty to three or	17426
more violations of division (A) or (B) of section 4511.19 of the	17427
Revised Code or other equivalent offenses, or had refused a number	17428
of previous requests to consent to a chemical test and also had	17429
been convicted of or pleaded guilty to a number of violations of	17430
division (A) or (B) of section 4511.19 of the Revised Code or	17431
other equivalent offenses that cumulatively total three or more	17432
such refusals, convictions, and guilty pleas, the suspension shall	17433
be for five years.	17434

(2) The registrar shall terminate a suspension of the	17435
driver's or commercial driver's license or permit of a resident or	17436
of the operating privilege of a nonresident, or a denial of a	17437
driver's or commercial driver's license or permit, imposed	17438
pursuant to division (B)(1) of this section upon receipt of notice	17439
that the person has entered a plea of guilty to, or that the	17440
person has been convicted after entering a plea of no contest to,	17441
operating a vehicle in violation of section 4511.19 of the Revised	17442
Code or in violation of a municipal OVI ordinance, if the offense	17443
for which the conviction is had or the plea is entered arose from	17444
the same incident that led to the suspension or denial.	17445

The registrar shall credit against any judicial suspension of	17446
a person's driver's or commercial driver's license or permit or	17447
nonresident operating privilege imposed pursuant to section	17448
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	17449
Revised Code for a violation of a municipal OVI ordinance, any	17450
time during which the person serves a related suspension imposed	17451
pursuant to division (B)(1) of this section.	17452

(C)(1) Upon receipt of the sworn report of the law	17453
enforcement officer who arrested a person for a violation of	17454
division (A) or (B) of section 4511.19 of the Revised Code or a	17455
municipal OVI ordinance that was completed and sent to the	17456
registrar and a court pursuant to section 4511.192 of the Revised	17457
Code in regard to a person whose test results indicate that the	17458
person's whole blood, blood serum or plasma, breath, or urine	17459
contained at least the concentration of alcohol specified in	17460
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	17461
Revised Code or at least the concentration of a listed controlled	17462
substance or a listed metabolite of a controlled substance	17463
specified in division (A)(1)(j) of section 4511.19 of the Revised	17464
Code, the registrar shall enter into the registrar's records the	17465
fact that the person's driver's or commercial driver's license or	17466
permit or nonresident operating privilege was suspended by the	17467
arresting officer under this division and section 4511.192 of the	17468
Revised Code and the period of the suspension, as determined under	17469
divisions (C)(1)(a) to (d) of this section. The suspension shall	17470
be subject to appeal as provided in section 4511.197 of the	17471
Revised Code. The suspension described in this division does not	17472
apply to, and shall not be imposed upon, a person arrested for a	17473
violation of section 4511.194 of the Revised Code or a	17474
substantially equivalent municipal ordinance who submits to a	17475
designated chemical test. The suspension shall be for whichever of	17476
the following periods applies:	17477

(a) Except when division (C)(1)(b), (c), or (d) of this	17478
section applies and specifies a different period, the suspension	17479
shall be a class E suspension imposed for the period of time	17480
specified in division (B)(5) of section 4510.02 of the Revised	17481
Code.	17482

(b) The suspension shall be a class C suspension for the	17483
period of time specified in division (B)(3) of section 4510.02 of	17484
the Revised Code if the person has been convicted of or pleaded	17485
guilty to, within six years of the date the test was conducted,	17486
one violation of division (A) or (B) of section 4511.19 of the	17487
Revised Code or one other equivalent offense.	17488

(c) If, within six years of the date the test was conducted,	17489
the person has been convicted of or pleaded guilty to two	17490
violations of a statute or ordinance described in division	17491
(C)(1)(b) of this section, the suspension shall be a class B	17492
suspension imposed for the period of time specified in division	17493
(B)(2) of section 4510.02 of the Revised Code.	17494

(d) If, within six years of the date the test was conducted,	17495
the person has been convicted of or pleaded guilty to more than	17496
two violations of a statute or ordinance described in division	17497
(C)(1)(b) of this section, the suspension shall be a class A	17498
suspension imposed for the period of time specified in division	17499
(B)(1) of section 4510.02 of the Revised Code.	17500

(2) The registrar shall terminate a suspension of the	17501
driver's or commercial driver's license or permit of a resident or	17502
of the operating privilege of a nonresident, or a denial of a	17503
driver's or commercial driver's license or permit, imposed	17504
pursuant to division (C)(1) of this section upon receipt of notice	17505
that the person has entered a plea of guilty to, or that the	17506
person has been convicted after entering a plea of no contest to,	17507
operating a vehicle in violation of section 4511.19 of the Revised	17508
Code or in violation of a municipal OVI ordinance, if the offense	17509
for which the conviction is had or the plea is entered arose from	17510
the same incident that led to the suspension or denial.	17511

The registrar shall credit against any judicial suspension of	17512
a person's driver's or commercial driver's license or permit or	17513
nonresident operating privilege imposed pursuant to section	17514
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	17515
Revised Code for a violation of a municipal OVI ordinance, any	17516
time during which the person serves a related suspension imposed	17517
pursuant to division (C)(1) of this section.	17518

(D)(1) A suspension of a person's driver's or commercial	17519
driver's license or permit or nonresident operating privilege	17520
under this section for the time described in division (B) or (C)	17521
of this section is effective immediately from the time at which	17522
the arresting officer serves the notice of suspension upon the	17523
arrested person. Any subsequent finding that the person is not	17524
guilty of the charge that resulted in the person being requested	17525
to take the chemical test or tests under division (A) of this	17526
section does not affect the suspension.	17527

(2) If a person is arrested for operating a vehicle,	17528
streetcar, or trackless trolley in violation of division (A) or	17529
(B) of section 4511.19 of the Revised Code or a municipal OVI	17530
ordinance, or for being in physical control of a vehicle,	17531
streetcar, or trackless trolley in violation of section 4511.194	17532
of the Revised Code or a substantially equivalent municipal	17533
ordinance, regardless of whether the person's driver's or	17534
commercial driver's license or permit or nonresident operating	17535
privilege is or is not suspended under division (B) or (C) of this	17536
section or Chapter 4510. of the Revised Code, the person's initial	17537
appearance on the charge resulting from the arrest shall be held	17538
within five days of the person's arrest or the issuance of the	17539
citation to the person, subject to any continuance granted by the	17540
court pursuant to section 4511.197 of the Revised Code regarding	17541
the issues specified in that division.	17542

(E) When it finally has been determined under the procedures	17543
of this section and sections 4511.192 to 4511.197 of the Revised	17544
Code that a nonresident's privilege to operate a vehicle within	17545
this state has been suspended, the registrar shall give	17546
information in writing of the action taken to the motor vehicle	17547
administrator of the state of the person's residence and of any	17548
state in which the person has a license.	17549

(F) At the end of a suspension period under this section,	17550
under section 4511.194, section 4511.196, or division (G) of	17551
section 4511.19 of the Revised Code, or under section 4510.07 of	17552
the Revised Code for a violation of a municipal OVI ordinance and	17553
upon the request of the person whose driver's or commercial	17554
driver's license or permit was suspended and who is not otherwise	17555
subject to suspension, cancellation, or disqualification, the	17556
registrar shall return the driver's or commercial driver's license	17557
or permit to the person upon the occurrence of all of the	17558
conditions specified in divisions (F)(1) and (2) of this section:	17559

(1) A showing that the person has proof of financial	17560
responsibility, a policy of liability insurance in effect that	17561
meets the minimum standards set forth in section 4509.51 of the	17562
Revised Code, or proof, to the satisfaction of the registrar, that	17563
the person is able to respond in damages in an amount at least	17564
equal to the minimum amounts specified in section 4509.51 of the	17565
Revised Code.	17566

(2) Subject to the limitation contained in division (F)(3) of	17567
this section, payment by the person to the registrar or an	17568
eligible deputy registrar of a license reinstatement fee of four	17569
hundred seventy-five dollars, which fee shall be deposited in the	17570
state treasury and credited as follows:	17571

(a) One hundred twelve dollars and fifty cents shall be	17572
credited to the statewide treatment and prevention fund created by	17573
section 4301.30 of the Revised Code. Money credited to the fund	17574
under this section shall be used for purposes identified under	17575
section 5119.22 of the Revised Code.	17576

(b) Seventy-five dollars shall be credited to the reparations	17577
fund created by section 2743.191 of the Revised Code.	17578

(c) Thirty-seven dollars and fifty cents shall be credited to	17579
the indigent drivers alcohol treatment fund, which is hereby	17580
established in the state treasury. ~~Except as otherwise provided in~~	17581
~~division (F)(2)(c) of this section, moneys in the fund shall be~~	17582
~~distributed by the~~The department of mental health and addiction	17583
services shall distribute the moneys in that fund to the county	17584
indigent drivers alcohol treatment funds, the county juvenile	17585
indigent drivers alcohol treatment funds, and the municipal	17586
indigent drivers alcohol treatment funds that are required to be	17587
established by counties and municipal corporations pursuant to	17588
division (H) of this section~~, and shall~~to be used only ~~to pay~~	17589
~~the cost of an alcohol and drug addiction treatment program~~	17590
~~attended by an offender or juvenile traffic offender who is~~	17591
~~ordered to attend an alcohol and drug addiction treatment program~~	17592
~~by a county, juvenile, or municipal court judge and who is~~	17593
~~determined by the county, juvenile, or municipal court judge not~~	17594
~~to have the means to pay for the person's attendance at the~~	17595
~~program or to pay the costs specified in division (H)(4) of this~~	17596
~~section in accordance with that division. In addition, a county,~~	17597
~~juvenile, or municipal court judge may use moneys in the county~~	17598
~~indigent drivers alcohol treatment fund, county juvenile indigent~~	17599
~~drivers alcohol treatment fund, or municipal indigent drivers~~	17600
~~alcohol treatment fund to pay for the cost of the continued use of~~	17601
~~an alcohol monitoring device as described in divisions (H)(3) and~~	17602
~~(4) of this section~~as provided in division (H)(3) of this	17603
section. Moneys in the fund that are not distributed to a county	17604
indigent drivers alcohol treatment fund, a county juvenile	17605
indigent drivers alcohol treatment fund, or a municipal indigent	17606
drivers alcohol treatment fund under division (H) of this section	17607
because the director of mental health and addiction services does	17608
not have the information necessary to identify the county or	17609
municipal corporation where the offender or juvenile offender was	17610
arrested may be transferred by the director of budget and	17611
management to the statewide treatment and prevention fund created	17612
by section 4301.30 of the Revised Code, upon certification of the	17613
amount by the director of mental health and addiction services.	17614

(d) Seventy-five dollars shall be credited to the	17615
opportunities for Ohioans with disabilities agency established by	17616
section 3304.15 of the Revised Code, to the services for	17617
rehabilitation fund, which is hereby established. The fund shall	17618
be used to match available federal matching funds where	17619
appropriate, and for any other purpose or program of the agency to	17620
rehabilitate persons with disabilities to help them become	17621
employed and independent.	17622

(e) Seventy-five dollars shall be deposited into the state	17623
treasury and credited to the drug abuse resistance education	17624
programs fund, which is hereby established, to be used by the	17625
attorney general for the purposes specified in division (F)(4) of	17626
this section.	17627

(f) Thirty dollars shall be credited to the state bureau of	17628
motor vehicles fund created by section 4501.25 of the Revised	17629
Code.	17630

(g) Twenty dollars shall be credited to the trauma and	17631
emergency medical services fund created by section 4513.263 of the	17632
Revised Code.	17633

(h) Fifty dollars shall be credited to the indigent drivers	17634
interlock and alcohol monitoring fund, which is hereby established	17635
in the state treasury. Moneys in the fund shall be distributed by	17636
the department of public safety to the county indigent drivers	17637
interlock and alcohol monitoring funds, the county juvenile	17638
indigent drivers interlock and alcohol monitoring funds, and the	17639
municipal indigent drivers interlock and alcohol monitoring funds	17640
that are required to be established by counties and municipal	17641
corporations pursuant to this section, and shall be used only to	17642
pay the cost of an immobilizing or disabling device, including a	17643
certified ignition interlock device, or an alcohol monitoring	17644
device used by an offender or juvenile offender who is ordered to	17645
use the device by a county, juvenile, or municipal court judge and	17646
who is determined by the county, juvenile, or municipal court	17647
judge not to have the means to pay for the person's use of the	17648
device.	17649

(3) If a person's driver's or commercial driver's license or	17650
permit is suspended under this section, under section 4511.196 or	17651
division (G) of section 4511.19 of the Revised Code, under section	17652
4510.07 of the Revised Code for a violation of a municipal OVI	17653
ordinance or under any combination of the suspensions described in	17654
division (F)(3) of this section, and if the suspensions arise from	17655
a single incident or a single set of facts and circumstances, the	17656
person is liable for payment of, and shall be required to pay to	17657
the registrar or an eligible deputy registrar, only one	17658
reinstatement fee of four hundred seventy-five dollars. The	17659
reinstatement fee shall be distributed by the bureau in accordance	17660
with division (F)(2) of this section.	17661

(4) The attorney general shall use amounts in the drug abuse	17662
resistance education programs fund to award grants to law	17663
enforcement agencies to establish and implement drug abuse	17664
resistance education programs in public schools. Grants awarded to	17665
a law enforcement agency under this section shall be used by the	17666
agency to pay for not more than fifty per cent of the amount of	17667
the salaries of law enforcement officers who conduct drug abuse	17668
resistance education programs in public schools. The attorney	17669
general shall not use more than six per cent of the amounts the	17670
attorney general's office receives under division (F)(2)(e) of	17671
this section to pay the costs it incurs in administering the grant	17672
program established by division (F)(2)(e) of this section and in	17673
providing training and materials relating to drug abuse resistance	17674
education programs.	17675

The attorney general shall report to the governor and the	17676
general assembly each fiscal year on the progress made in	17677
establishing and implementing drug abuse resistance education	17678
programs. These reports shall include an evaluation of the	17679
effectiveness of these programs.	17680

(5) In addition to the reinstatement fee under this section,	17681
if the person pays the reinstatement fee to a deputy registrar,	17682
the deputy registrar shall collect a service fee of ten dollars to	17683
compensate the deputy registrar for services performed under this	17684
section. The deputy registrar shall retain eight dollars of the	17685
service fee and shall transmit the reinstatement fee, plus two	17686
dollars of the service fee, to the registrar in the manner the	17687
registrar shall determine.	17688

(G) Suspension of a commercial driver's license under	17689
division (B) or (C) of this section shall be concurrent with any	17690
period of disqualification under section 3123.611 or 4506.16 of	17691
the Revised Code or any period of suspension under section 3123.58	17692
of the Revised Code. No person who is disqualified for life from	17693
holding a commercial driver's license under section 4506.16 of the	17694
Revised Code shall be issued a driver's license under Chapter	17695
4507. of the Revised Code during the period for which the	17696
commercial driver's license was suspended under division (B) or	17697
(C) of this section. No person whose commercial driver's license	17698
is suspended under division (B) or (C) of this section shall be	17699
issued a driver's license under Chapter 4507. of the Revised Code	17700
during the period of the suspension.	17701

(H)(1) Each county shall establish an indigent drivers	17702
alcohol treatment fund~~, each county shall establish~~and a juvenile	17703
indigent drivers alcohol treatment fund~~, and each~~. Each municipal	17704
corporation in which there is a municipal court shall establish an	17705
indigent drivers alcohol treatment fund. All revenue that the	17706
general assembly appropriates to the indigent drivers alcohol	17707
treatment fund for transfer to a county indigent drivers alcohol	17708
treatment fund, a county juvenile indigent drivers alcohol	17709
treatment fund, or a municipal indigent drivers alcohol treatment	17710
fund, all portions of fees that are paid under division (F) of	17711
this section and that are credited under that division to the	17712
indigent drivers alcohol treatment fund in the state treasury for	17713
a county indigent drivers alcohol treatment fund, a county	17714
juvenile indigent drivers alcohol treatment fund, or a municipal	17715
indigent drivers alcohol treatment fund, all portions of	17716
additional costs imposed under section 2949.094 of the Revised	17717
Code that are specified for deposit into a county, county	17718
juvenile, or municipal indigent drivers alcohol treatment fund by	17719
that section, and all portions of fines that are specified for	17720
deposit into a county or municipal indigent drivers alcohol	17721
treatment fund by section 4511.193 of the Revised Code shall be	17722
deposited into that county indigent drivers alcohol treatment	17723
fund, county juvenile indigent drivers alcohol treatment fund, or	17724
municipal indigent drivers alcohol treatment fund. The portions of	17725
the fees paid under division (F) of this section that are to be so	17726
deposited shall be determined in accordance with division (H)(2)	17727
of this section. Additionally, all portions of fines that are paid	17728
for a violation of section 4511.19 of the Revised Code or of any	17729
prohibition contained in Chapter 4510. of the Revised Code, and	17730
that are required under section 4511.19 or any provision of	17731
Chapter 4510. of the Revised Code to be deposited into a county	17732
indigent drivers alcohol treatment fund or municipal indigent	17733
drivers alcohol treatment fund shall be deposited into the	17734
appropriate fund in accordance with the applicable division of the	17735
section or provision.	17736

(2) That portion of the license reinstatement fee that is	17737
paid under division (F) of this section and that is credited under	17738
that division to the indigent drivers alcohol treatment fund shall	17739
be deposited into a county indigent drivers alcohol treatment	17740
fund, a county juvenile indigent drivers alcohol treatment fund,	17741
or a municipal indigent drivers alcohol treatment fund as follows:	17742

(a) Regarding a suspension imposed under this section, that	17743
portion of the fee shall be deposited as follows:	17744

(i) If the fee is paid by a person who was charged in a	17745
county court with the violation that resulted in the suspension or	17746
in the imposition of the court costs, the portion shall be	17747
deposited into the county indigent drivers alcohol treatment fund	17748
under the control of that court;	17749

(ii) If the fee is paid by a person who was charged in a	17750
juvenile court with the violation that resulted in the suspension	17751
or in the imposition of the court costs, the portion shall be	17752
deposited into the county juvenile indigent drivers alcohol	17753
treatment fund established in the county served by the court;	17754

(iii) If the fee is paid by a person who was charged in a	17755
municipal court with the violation that resulted in the suspension	17756
or in the imposition of the court costs, the portion shall be	17757
deposited into the municipal indigent drivers alcohol treatment	17758
fund under the control of that court.	17759

(b) Regarding a suspension imposed under section 4511.19 of	17760
the Revised Code or under section 4510.07 of the Revised Code for	17761
a violation of a municipal OVI ordinance, that portion of the fee	17762
shall be deposited as follows:	17763

(i) If the fee is paid by a person whose license or permit	17764
was suspended by a county court, the portion shall be deposited	17765
into the county indigent drivers alcohol treatment fund under the	17766
control of that court;	17767

(ii) If the fee is paid by a person whose license or permit	17768
was suspended by a municipal court, the portion shall be deposited	17769
into the municipal indigent drivers alcohol treatment fund under	17770
the control of that court.	17771

(3) ~~Expenditures~~(a) As used in division (H)(3) of this	17772
section, "indigent person" means a person who is convicted of a	17773
violation of division (A) or (B) of section 4511.19 of the Revised	17774
Code or a substantially similar municipal ordinance or found to be	17775
a juvenile traffic offender by reason of a violation of division	17776
(A) or (B) of section 4511.19 of the Revised Code or a	17777
substantially similar municipal ordinance, who is ordered by the	17778
court to attend an alcohol and drug addiction treatment program,	17779
and who is determined by the court under division (H)(5) of this	17780
section to be unable to pay the cost of the assessment or the cost	17781
of attendance at the treatment program.	17782

(b) A county, juvenile, or municipal court judge, by order,	17783
may make expenditures from a county indigent drivers alcohol	17784
treatment fund, a county juvenile indigent drivers alcohol	17785
treatment fund, or a municipal indigent drivers alcohol treatment	17786
fund ~~shall be made only upon the order of a county, juvenile, or~~	17787
~~municipal court judge and only for payment of the cost of an~~	17788
~~assessment or the cost of the attendance at an alcohol and drug~~	17789
~~addiction treatment program of a~~with respect to an indigent	17790
person ~~who is convicted of, or found to be a juvenile traffic~~	17791
~~offender by reason of, a violation of division (A) of section~~	17792
~~4511.19 of the Revised Code or a substantially similar municipal~~	17793
~~ordinance, who is ordered by the court to attend the alcohol and~~	17794
~~drug addiction treatment program, and who is determined by the~~	17795
~~court to be unable to pay the cost of the assessment or the cost~~	17796
~~of attendance at the treatment program or for payment of the costs~~	17797
~~specified in division (H)(4) of this section in accordance with~~	17798
~~that division. The~~for any of the following:	17799

(i) To pay the cost of an assessment that is conducted by an	17800
appropriately licensed clinician at either a driver intervention	17801
program that is certified under section 5119.38 of the Revised	17802
Code or at a community addiction services provider that is	17803
certified under section 5119.36 of the Revised Code;	17804

(ii) To pay the cost of alcohol addiction services, drug	17805
addiction services, or integrated alcohol and drug addiction	17806
services at a community addiction services provider that is	17807
certified under section 5119.36 of the Revised Code;	17808

(iii) To pay the cost of transportation to attend an	17809
assessment as provided under division (H)(3)(b)(i) of this section	17810
or addiction services as provided under division (H)(3)(b)(ii) of	17811
this section.	17812

The alcohol and drug addiction services board or the board of	17813
alcohol, drug addiction, and mental health services established	17814
pursuant to section 340.02 or 340.021 of the Revised Code and	17815
serving the alcohol, drug addiction, and mental health service	17816
district in which the court is located shall administer the	17817
indigent drivers alcohol treatment program of the court. When a	17818
court orders an offender or juvenile traffic offender to obtain an	17819
assessment or attend an alcohol and drug addiction treatment	17820
program, the board shall determine which program is suitable to	17821
meet the needs of the offender or juvenile traffic offender, and	17822
when a suitable program is located and space is available at the	17823
program, the offender or juvenile traffic offender shall attend	17824
the program designated by the board. A reasonable amount not to	17825
exceed five per cent of the amounts credited to and deposited into	17826
the county indigent drivers alcohol treatment fund, the county	17827
juvenile indigent drivers alcohol treatment fund, or the municipal	17828
indigent drivers alcohol treatment fund serving every court whose	17829
program is administered by that board shall be paid to the board	17830
to cover the costs it incurs in administering those indigent	17831
drivers alcohol treatment programs.	17832

~~In addition, upon~~(c) Upon exhaustion of moneys in the	17833
indigent drivers interlock and alcohol monitoring fund for the use	17834
of an alcohol monitoring device, a county, juvenile, or municipal	17835
court judge may use moneys in the county indigent drivers alcohol	17836
treatment fund, county juvenile indigent drivers alcohol treatment	17837
fund, or municipal indigent drivers alcohol treatment fund in	17838
either of the following manners:	17839

~~(a)~~(i) If the source of the moneys was an appropriation of	17840
the general assembly, a portion of a fee that was paid under	17841
division (F) of this section, a portion of a fine that was	17842
specified for deposit into the fund by section 4511.193 of the	17843
Revised Code, or a portion of a fine that was paid for a violation	17844
of section 4511.19 of the Revised Code or of a provision contained	17845
in Chapter 4510. of the Revised Code that was required to be	17846
deposited into the fund, to pay for the continued use of an	17847
alcohol monitoring device by an offender or juvenile traffic	17848
offender, in conjunction with a treatment program approved by the	17849
department of mental health and addiction services, when such use	17850
is determined clinically necessary by the treatment program and	17851
when the court determines that the offender or juvenile traffic	17852
offender is unable to pay all or part of the daily monitoring or	17853
cost of the device;	17854

~~(b)~~(ii) If the source of the moneys was a portion of an	17855
additional court cost imposed under section 2949.094 of the	17856
Revised Code, to pay for the continued use of an alcohol	17857
monitoring device by an offender or juvenile traffic offender when	17858
the court determines that the offender or juvenile traffic	17859
offender is unable to pay all or part of the daily monitoring or	17860
cost of the device. The moneys may be used for a device as	17861
described in this division if the use of the device is in	17862
conjunction with a treatment program approved by the department of	17863
mental health and addiction services, when the use of the device	17864
is determined clinically necessary by the treatment program, but	17865
the use of a device is not required to be in conjunction with a	17866
treatment program approved by the department in order for the	17867
moneys to be used for the device as described in this division.	17868

(4) If a county, juvenile, or municipal court determines, in	17869
consultation with the alcohol and drug addiction services board or	17870
the board of alcohol, drug addiction, and mental health services	17871
established pursuant to section 340.02 or 340.021 of the Revised	17872
Code and serving the alcohol, drug addiction, and mental health	17873
district in which the court is located, that the funds in the	17874
county indigent drivers alcohol treatment fund, the county	17875
juvenile indigent drivers alcohol treatment fund, or the municipal	17876
indigent drivers alcohol treatment fund under the control of the	17877
court are more than sufficient to satisfy the purpose for which	17878
the fund was established, as specified in divisions (H)(1) to (3)	17879
of this section, the court may declare a surplus in the fund. If	17880
the court declares a surplus in the fund, the court may ~~expend~~	17881
take any of the following actions with regard to the amount of the	17882
surplus in the fund ~~for~~:	17883

(a) ~~Alcohol~~Expend any of the surplus amount for alcohol and	17884
drug abuse assessment and treatment, and for the cost of	17885
transportation related to assessment and treatment, of persons who	17886
are charged in the court with committing a criminal offense or	17887
with being a delinquent child or juvenile traffic offender and in	17888
relation to whom both of the following apply:	17889

(i) The court determines that substance abuse was a	17890
contributing factor leading to the criminal or delinquent activity	17891
or the juvenile traffic offense with which the person is charged.	17892

(ii) The court determines that the person is unable to pay	17893
the cost of the alcohol and drug abuse assessment and treatment	17894
for which the surplus money will be used.	17895

(b) ~~All~~Expend any of the surplus amount to pay all or part	17896
of the cost of purchasing alcohol monitoring devices to be used in	17897
conjunction with division (H)(3)(c) of this section, upon	17898
exhaustion of moneys in the indigent drivers interlock and alcohol	17899
monitoring fund for the use of an alcohol monitoring device.	17900

(c) Transfer to another court in the same county any of the	17901
surplus amount to be utilized in a manner consistent with division	17902
(H)(3) of this section. If surplus funds are transferred to	17903
another court, the court that transfers the funds shall notify the	17904
alcohol and drug addiction services board or the board of alcohol,	17905
drug addiction, and mental health services that serves the	17906
alcohol, drug addiction, and mental health service district in	17907
which that court is located.	17908

(d) Transfer to the alcohol and drug addiction services board	17909
or the board of alcohol, drug addiction, and mental health	17910
services that serves the alcohol, drug addiction, and mental	17911
health service district in which the court is located any of the	17912
surplus amount to be utilized in a manner consistent with division	17913
(H)(3) of this section or for board contracted recovery support	17914
services.	17915

(5) ~~For the purpose of determining as described in division~~	17916
~~(F)(2)(c) of this section whether~~In order to determine if an	17917
offender does not have the means to pay for the offender's	17918
attendance at an alcohol and drug addiction treatment program for	17919
purposes of division (H)(3) of this section or ~~whether~~if an	17920
alleged offender or delinquent child is unable to pay the costs	17921
specified in division (H)(4) of this section, the court shall use	17922
the indigent client eligibility guidelines and the standards of	17923
indigency established by the state public defender to make the	17924
determination.	17925

(6) The court shall identify and refer any community	17926
addiction services provider that is not certified under section	17927
5119.36 of the Revised Code and that is interested in receiving	17928
amounts from the surplus in the fund declared under division	17929
(H)(4) of this section to the department of mental health and	17930
addiction services in order for the services provider to become a	17931
certified community addiction services provider. The department	17932
shall keep a record of applicant referrals received pursuant to	17933
this division and shall submit a report on the referrals each year	17934
to the general assembly. If a services provider interested in	17935
becoming certified makes an application to become certified	17936
pursuant to section 5119.36 of the Revised Code, the services	17937
provider is eligible to receive surplus funds as long as the	17938
application is pending with the department. The department of	17939
mental health and addiction services must offer technical	17940
assistance to the applicant. If the interested services provider	17941
withdraws the certification application, the department must	17942
notify the court, and the court shall not provide the interested	17943
services provider with any further surplus funds.	17944

(7)(a) Each alcohol and drug addiction services board and	17945
board of alcohol, drug addiction, and mental health services	17946
established pursuant to section 340.02 or 340.021 of the Revised	17947
Code shall submit to the department of mental health and addiction	17948
services an annual report for each indigent drivers alcohol	17949
treatment fund in that board's area.	17950

(b) The report, which shall be submitted not later than sixty	17951
days after the end of the state fiscal year, shall provide the	17952
total payment that was made from the fund, including the number of	17953
indigent consumers that received treatment services and the number	17954
of indigent consumers that received an alcohol monitoring device.	17955
The report shall identify the treatment program and expenditure	17956
for an alcohol monitoring device for which that payment was made.	17957
The report shall include the fiscal year balance of each indigent	17958
drivers alcohol treatment fund located in that board's area. In	17959
the event that a surplus is declared in the fund pursuant to	17960
division (H)(4) of this section, the report also shall provide the	17961
total payment that was made from the surplus moneys and identify	17962
the ~~treatment program and expenditure for an alcohol monitoring~~	17963
~~device~~authorized purpose for which that payment was made.	17964

(c) If a board is unable to obtain adequate information to	17965
develop the report to submit to the department for a particular	17966
indigent drivers alcohol treatment fund, the board shall submit a	17967
report detailing the effort made in obtaining the information.	17968

(I)(1) Each county shall establish an indigent drivers	17969
interlock and alcohol monitoring fund and a juvenile indigent	17970
drivers interlock and alcohol treatment fund~~, and each~~. Each	17971
municipal corporation in which there is a municipal court shall	17972
establish an indigent drivers interlock and alcohol monitoring	17973
fund. All revenue that the general assembly appropriates to the	17974
indigent drivers interlock and alcohol monitoring fund for	17975
transfer to a county indigent drivers interlock and alcohol	17976
monitoring fund, a county juvenile indigent drivers interlock and	17977
alcohol monitoring fund, or a municipal indigent drivers interlock	17978
and alcohol monitoring fund, all portions of license reinstatement	17979
fees that are paid under division (F)(2) of this section and that	17980
are credited under that division to the indigent drivers interlock	17981
and alcohol monitoring fund in the state treasury, and all	17982
portions of fines that are paid under division (G) of section	17983
4511.19 of the Revised Code and that are credited by division	17984
(G)(5)(e) of that section to the indigent drivers interlock and	17985
alcohol monitoring fund in the state treasury shall be deposited	17986
in the appropriate fund in accordance with division (I)(2) of this	17987
section.	17988

(2) That portion of the license reinstatement fee that is	17989
paid under division (F) of this section and that portion of the	17990
fine paid under division (G) of section 4511.19 of the Revised	17991
Code and that is credited under either division to the indigent	17992
drivers interlock and alcohol monitoring fund shall be deposited	17993
into a county indigent drivers interlock and alcohol monitoring	17994
fund, a county juvenile indigent drivers interlock and alcohol	17995
monitoring fund, or a municipal indigent drivers interlock and	17996
alcohol monitoring fund as follows:	17997

(a) If the fee or fine is paid by a person who was charged in	17998
a county court with the violation that resulted in the suspension	17999
or fine, the portion shall be deposited into the county indigent	18000
drivers interlock and alcohol monitoring fund under the control of	18001
that court.	18002

(b) If the fee or fine is paid by a person who was charged in	18003
a juvenile court with the violation that resulted in the	18004
suspension or fine, the portion shall be deposited into the county	18005
juvenile indigent drivers interlock and alcohol monitoring fund	18006
established in the county served by the court.	18007

(c) If the fee or fine is paid by a person who was charged in	18008
a municipal court with the violation that resulted in the	18009
suspension, the portion shall be deposited into the municipal	18010
indigent drivers interlock and alcohol monitoring fund under the	18011
control of that court.	18012

(3) If a county, juvenile, or municipal court determines that	18013
the funds in the county indigent drivers interlock and alcohol	18014
monitoring fund, the county juvenile indigent drivers interlock	18015
and alcohol monitoring fund, or the municipal indigent drivers	18016
interlock and alcohol monitoring fund under the control of that	18017
court are more than sufficient to satisfy the purpose for which	18018
the fund was established as specified in division (F)(2)(h) of	18019
this section, the court may declare a surplus in the fund. The	18020
court then may order the transfer of a specified amount into the	18021
county indigent drivers alcohol treatment fund, the county	18022
juvenile indigent drivers alcohol treatment fund, or the municipal	18023
indigent drivers alcohol treatment fund under the control of that	18024
court to be utilized in accordance with division (H) of this	18025
section.	18026

Sec. 4715.14. (A)(1) Each person who is licensed to practice	18027
dentistry in Ohio shall, on or before the first day of January of	18028
each even-numbered year, register with the state dental board. The	18029
registration shall be made on a form prescribed by the board and	18030
furnished by the secretary, shall include the licensee's name,	18031
address, license number, and such other reasonable information as	18032
the board may consider necessary, and shall include payment of a	18033
biennial registration fee of two hundred forty-five dollars.	18034
Except as provided in division (E) of this section, this fee shall	18035
be paid to the treasurer of state. Subject to division (C) of this	18036
section, a registration shall be in effect for the two-year period	18037
beginning on the first day of January of the even-numbered year	18038
and ending on the last day of December of the following	18039
odd-numbered year, and shall be renewed in accordance with the	18040
standard renewal procedure of sections 4745.01 to 4745.03 of the	18041
Revised Code.	18042

(2)(a) Except as provided in division (A)(2)(b) of this	18043
section, in the case of a licensee seeking registration who	18044
prescribes or personally furnishes opioid analgesics or	18045
benzodiazepines, the licensee shall certify to the board whether	18046
the licensee has been granted access to the drug database	18047
established and maintained by the state board of pharmacy pursuant	18048
to section 4729.75 of the Revised Code.	18049

(b) The requirement in division (A)(2)(a) of this section	18050
does not apply if either of the following is the case:	18051

(i) The state board of pharmacy notifies the state dental	18052
board pursuant to section 4729.861 of the Revised Code that the	18053
licensee has been restricted from obtaining further information	18054
from the drug database.	18055

(ii) The state board of pharmacy no longer maintains the drug	18056
database.	18057

(3) If a licensee certifies to the state dental board that	18058
the licensee has been granted access to the drug database and the	18059
board finds through an audit or other means that the licensee has	18060
not been granted access, the board may take action under section	18061
4715.30 of the Revised Code.	18062

(B) A licensed dentist who desires to temporarily retire from	18063
practice and who has given the board notice in writing to that	18064
effect shall be granted such a retirement, provided only that at	18065
that time all previous registration fees and additional costs of	18066
reinstatement have been paid.	18067

(C) Not later than the thirty-first day of January of an	18068
even-numbered year, the board shall send a notice by certified	18069
mail to a dentist who fails to renew a license in accordance with	18070
division (A) of this section. The notice shall state all of the	18071
following:	18072

(1) That the board has not received the registration form and	18073
fee described in that division;	18074

(2) That the license shall remain valid and in good standing	18075
until the first day of April following the last day of December of	18076
the odd-numbered year in which the dentist was scheduled to renew	18077
if the dentist remains in compliance with all other applicable	18078
provisions of this chapter and any rule adopted under it;	18079

(3) That the license may be renewed until the first day of	18080
April following the last day of December of the odd-numbered year	18081
in which the dentist was scheduled to renew by the payment of the	18082
biennial registration fee and an additional fee of one hundred	18083
dollars to cover the cost of late renewal;	18084

(4) That unless the board receives the registration form and	18085
fee before the first day of April following the last day of	18086
December of the odd-numbered year in which the dentist was	18087
scheduled to renew, the board may, on or after the relevant first	18088
day of April, initiate disciplinary action against the dentist	18089
pursuant to Chapter 119. of the Revised Code;	18090

(5) That a dentist whose license has been suspended as a	18091
result of disciplinary action initiated pursuant to division	18092
(C)(4) of this section may be reinstated by the payment of the	18093
biennial registration fee and an additional fee of three hundred	18094
dollars to cover the cost of reinstatement.	18095

(D) Each dentist licensed to practice, whether a resident or	18096
not, shall notify the secretary in writing or electronically of	18097
any change in the dentist's office address or employment within	18098
ten days after such change has taken place. On the first day of	18099
July of every even-numbered year, the secretary shall issue a	18100
printed roster of the names and addresses so registered.	18101

(E) Twenty dollars of each biennial registration fee shall be	18102
paid to the dentist loan repayment fund created under section	18103
3702.95 of the Revised Code.	18104

Sec. 4715.15. When a dentist orders a test for the presence	18105
of Lyme disease in a patient, the dentist or dentist's delegate	18106
shall provide to the patient or patient's representative a written	18107
notice with the following information:	18108

"Your health care provider has ordered a test for the	18109
presence of Lyme disease. Current testing for Lyme disease can be	18110
problematic and may lead to false results. If you are tested for	18111
Lyme disease and the results are positive, this does not	18112
necessarily mean that you have contracted Lyme disease. In the	18113
alternative, if the results are negative, this does not	18114
necessarily mean that you have not contracted Lyme disease. If you	18115
continue to experience symptoms or have other health concerns, you	18116
should contact your health care provider and inquire about the	18117
appropriateness of additional testing or treatment."	18118

The dentist or dentist's delegate shall obtain a signature	18119
from the patient or patient's representative indicating receipt of	18120
the notice. The document containing the signature shall be kept in	18121
the patient's record.	18122

Sec. 4715.30. (A) An applicant for or holder of a	18123
certificate or license issued under this chapter is subject to	18124
disciplinary action by the state dental board for any of the	18125
following reasons:	18126

(1) Employing or cooperating in fraud or material deception	18127
in applying for or obtaining a license or certificate;	18128

(2) Obtaining or attempting to obtain money or anything of	18129
value by intentional misrepresentation or material deception in	18130
the course of practice;	18131

(3) Advertising services in a false or misleading manner or	18132
violating the board's rules governing time, place, and manner of	18133
advertising;	18134

(4) Commission of an act that constitutes a felony in this	18135
state, regardless of the jurisdiction in which the act was	18136
committed;	18137

(5) Commission of an act in the course of practice that	18138
constitutes a misdemeanor in this state, regardless of the	18139
jurisdiction in which the act was committed;	18140

(6) Conviction of, a plea of guilty to, a judicial finding of	18141
guilt of, a judicial finding of guilt resulting from a plea of no	18142
contest to, or a judicial finding of eligibility for intervention	18143
in lieu of conviction for, any felony or of a misdemeanor	18144
committed in the course of practice;	18145

(7) Engaging in lewd or immoral conduct in connection with	18146
the provision of dental services;	18147

(8) Selling, prescribing, giving away, or administering drugs	18148
for other than legal and legitimate therapeutic purposes, or	18149
conviction of, a plea of guilty to, a judicial finding of guilt	18150
of, a judicial finding of guilt resulting from a plea of no	18151
contest to, or a judicial finding of eligibility for intervention	18152
in lieu of conviction for, a violation of any federal or state law	18153
regulating the possession, distribution, or use of any drug;	18154

(9) Providing or allowing dental hygienists, expanded	18155
function dental auxiliaries, or other practitioners of auxiliary	18156
dental occupations working under the certificate or license	18157
holder's supervision, or a dentist holding a temporary limited	18158
continuing education license under division (C) of section 4715.16	18159
of the Revised Code working under the certificate or license	18160
holder's direct supervision, to provide dental care that departs	18161
from or fails to conform to accepted standards for the profession,	18162
whether or not injury to a patient results;	18163

(10) Inability to practice under accepted standards of the	18164
profession because of physical or mental disability, dependence on	18165
alcohol or other drugs, or excessive use of alcohol or other	18166
drugs;	18167

(11) Violation of any provision of this chapter or any rule	18168
adopted thereunder;	18169

(12) Failure to use universal blood and body fluid	18170
precautions established by rules adopted under section 4715.03 of	18171
the Revised Code;	18172

(13) Except as provided in division (H) of this section,	18173
either of the following:	18174

(a) Waiving the payment of all or any part of a deductible or	18175
copayment that a patient, pursuant to a health insurance or health	18176
care policy, contract, or plan that covers dental services, would	18177
otherwise be required to pay if the waiver is used as an	18178
enticement to a patient or group of patients to receive health	18179
care services from that certificate or license holder;	18180

(b) Advertising that the certificate or license holder will	18181
waive the payment of all or any part of a deductible or copayment	18182
that a patient, pursuant to a health insurance or health care	18183
policy, contract, or plan that covers dental services, would	18184
otherwise be required to pay.	18185

(14) Failure to comply with section 4715.302 or 4729.79 of	18186
the Revised Code, unless the state board of pharmacy no longer	18187
maintains a drug database pursuant to section 4729.75 of the	18188
Revised Code;	18189

(15) Any of the following actions taken by an agency	18190
responsible for authorizing, certifying, or regulating an	18191
individual to practice a health care occupation or provide health	18192
care services in this state or another jurisdiction, for any	18193
reason other than the nonpayment of fees: the limitation,	18194
revocation, or suspension of an individual's license to practice;	18195
acceptance of an individual's license surrender; denial of a	18196
license; refusal to renew or reinstate a license; imposition of	18197
probation; or issuance of an order of censure or other reprimand;	18198

(16) Failure to cooperate in an investigation conducted by	18199
the board under division (D) of section 4715.03 of the Revised	18200
Code, including failure to comply with a subpoena or order issued	18201
by the board or failure to answer truthfully a question presented	18202
by the board at a deposition or in written interrogatories, except	18203
that failure to cooperate with an investigation shall not	18204
constitute grounds for discipline under this section if a court of	18205
competent jurisdiction has issued an order that either quashes a	18206
subpoena or permits the individual to withhold the testimony or	18207
evidence in issue.	18208

(B) A manager, proprietor, operator, or conductor of a dental	18209
facility shall be subject to disciplinary action if any dentist,	18210
dental hygienist, expanded function dental auxiliary, or qualified	18211
personnel providing services in the facility is found to have	18212
committed a violation listed in division (A) of this section and	18213
the manager, proprietor, operator, or conductor knew of the	18214
violation and permitted it to occur on a recurring basis.	18215

(C) Subject to Chapter 119. of the Revised Code, the board	18216
may take one or more of the following disciplinary actions if one	18217
or more of the grounds for discipline listed in divisions (A) and	18218
(B) of this section exist:	18219

(1) Censure the license or certificate holder;

18220

(2) Place the license or certificate on probationary status	18221
for such period of time the board determines necessary and require	18222
the holder to:	18223

(a) Report regularly to the board upon the matters which are	18224
the basis of probation;	18225

(b) Limit practice to those areas specified by the board;

18226

(c) Continue or renew professional education until a	18227
satisfactory degree of knowledge or clinical competency has been	18228
attained in specified areas.	18229

(3) Suspend the certificate or license;

18230

(4) Revoke the certificate or license.

18231

Where the board places a holder of a license or certificate	18232
on probationary status pursuant to division (C)(2) of this	18233
section, the board may subsequently suspend or revoke the license	18234
or certificate if it determines that the holder has not met the	18235
requirements of the probation or continues to engage in activities	18236
that constitute grounds for discipline pursuant to division (A) or	18237
(B) of this section.	18238

Any order suspending a license or certificate shall state the	18239
conditions under which the license or certificate will be	18240
restored, which may include a conditional restoration during which	18241
time the holder is in a probationary status pursuant to division	18242
(C)(2) of this section. The board shall restore the license or	18243
certificate unconditionally when such conditions are met.	18244

(D) If the physical or mental condition of an applicant or a	18245
license or certificate holder is at issue in a disciplinary	18246
proceeding, the board may order the license or certificate holder	18247
to submit to reasonable examinations by an individual designated	18248
or approved by the board and at the board's expense. The physical	18249
examination may be conducted by any individual authorized by the	18250
Revised Code to do so, including a physician assistant, a clinical	18251
nurse specialist, a certified nurse practitioner, or a certified	18252
nurse-midwife. Any written documentation of the physical	18253
examination shall be completed by the individual who conducted the	18254
examination.	18255

Failure to comply with an order for an examination shall be	18256
grounds for refusal of a license or certificate or summary	18257
suspension of a license or certificate under division (E) of this	18258
section.	18259

(E) If a license or certificate holder has failed to comply	18260
with an order under division (D) of this section, the board may	18261
apply to the court of common pleas of the county in which the	18262
holder resides for an order temporarily suspending the holder's	18263
license or certificate, without a prior hearing being afforded by	18264
the board, until the board conducts an adjudication hearing	18265
pursuant to Chapter 119. of the Revised Code. If the court	18266
temporarily suspends a holder's license or certificate, the board	18267
shall give written notice of the suspension personally or by	18268
certified mail to the license or certificate holder. Such notice	18269
shall inform the license or certificate holder of the right to a	18270
hearing pursuant to Chapter 119. of the Revised Code.	18271

(F) Any holder of a certificate or license issued under this	18272
chapter who has pleaded guilty to, has been convicted of, or has	18273
had a judicial finding of eligibility for intervention in lieu of	18274
conviction entered against the holder in this state for aggravated	18275
murder, murder, voluntary manslaughter, felonious assault,	18276
kidnapping, rape, sexual battery, gross sexual imposition,	18277
aggravated arson, aggravated robbery, or aggravated burglary, or	18278
who has pleaded guilty to, has been convicted of, or has had a	18279
judicial finding of eligibility for treatment or intervention in	18280
lieu of conviction entered against the holder in another	18281
jurisdiction for any substantially equivalent criminal offense, is	18282
automatically suspended from practice under this chapter in this	18283
state and any certificate or license issued to the holder under	18284
this chapter is automatically suspended, as of the date of the	18285
guilty plea, conviction, or judicial finding, whether the	18286
proceedings are brought in this state or another jurisdiction.	18287
Continued practice by an individual after the suspension of the	18288
individual's certificate or license under this division shall be	18289
considered practicing without a certificate or license. The board	18290
shall notify the suspended individual of the suspension of the	18291
individual's certificate or license under this division by	18292
certified mail or in person in accordance with section 119.07 of	18293
the Revised Code. If an individual whose certificate or license is	18294
suspended under this division fails to make a timely request for	18295
an adjudicatory hearing, the board shall enter a final order	18296
revoking the individual's certificate or license.	18297

(G) If the supervisory investigative panel determines both of	18298
the following, the panel may recommend that the board suspend an	18299
individual's certificate or license without a prior hearing:	18300

(1) That there is clear and convincing evidence that an	18301
individual has violated division (A) of this section;	18302

(2) That the individual's continued practice presents a	18303
danger of immediate and serious harm to the public.	18304

Written allegations shall be prepared for consideration by	18305
the board. The board, upon review of those allegations and by an	18306
affirmative vote of not fewer than four dentist members of the	18307
board and seven of its members in total, excluding any member on	18308
the supervisory investigative panel, may suspend a certificate or	18309
license without a prior hearing. A telephone conference call may	18310
be utilized for reviewing the allegations and taking the vote on	18311
the summary suspension.	18312

The board shall issue a written order of suspension by	18313
certified mail or in person in accordance with section 119.07 of	18314
the Revised Code. The order shall not be subject to suspension by	18315
the court during pendency or any appeal filed under section 119.12	18316
of the Revised Code. If the individual subject to the summary	18317
suspension requests an adjudicatory hearing by the board, the date	18318
set for the hearing shall be within fifteen days, but not earlier	18319
than seven days, after the individual requests the hearing, unless	18320
otherwise agreed to by both the board and the individual.	18321

Any summary suspension imposed under this division shall	18322
remain in effect, unless reversed on appeal, until a final	18323
adjudicative order issued by the board pursuant to this section	18324
and Chapter 119. of the Revised Code becomes effective. The board	18325
shall issue its final adjudicative order within seventy-five days	18326
after completion of its hearing. A failure to issue the order	18327
within seventy-five days shall result in dissolution of the	18328
summary suspension order but shall not invalidate any subsequent,	18329
final adjudicative order.	18330

(H) Sanctions shall not be imposed under division (A)(13) of	18331
this section against any certificate or license holder who waives	18332
deductibles and copayments as follows:	18333

(1) In compliance with the health benefit plan that expressly	18334
allows such a practice. Waiver of the deductibles or copayments	18335
shall be made only with the full knowledge and consent of the plan	18336
purchaser, payer, and third-party administrator. Documentation of	18337
the consent shall be made available to the board upon request.	18338

(2) For professional services rendered to any other person	18339
who holds a certificate or license issued pursuant to this chapter	18340
to the extent allowed by this chapter and the rules of the board.	18341

(I) In no event shall the board consider or raise during a	18342
hearing required by Chapter 119. of the Revised Code the	18343
circumstances of, or the fact that the board has received, one or	18344
more complaints about a person unless the one or more complaints	18345
are the subject of the hearing or resulted in the board taking an	18346
action authorized by this section against the person on a prior	18347
occasion.	18348

(J) The board may share any information it receives pursuant	18349
to an investigation under division (D) of section 4715.03 of the	18350
Revised Code, including patient records and patient record	18351
information, with law enforcement agencies, other licensing	18352
boards, and other governmental agencies that are prosecuting,	18353
adjudicating, or investigating alleged violations of statutes or	18354
administrative rules. An agency or board that receives the	18355
information shall comply with the same requirements regarding	18356
confidentiality as those with which the state dental board must	18357
comply, notwithstanding any conflicting provision of the Revised	18358
Code or procedure of the agency or board that applies when it is	18359
dealing with other information in its possession. In a judicial	18360
proceeding, the information may be admitted into evidence only in	18361
accordance with the Rules of Evidence, but the court shall require	18362
that appropriate measures are taken to ensure that confidentiality	18363
is maintained with respect to any part of the information that	18364
contains names or other identifying information about patients or	18365
complainants whose confidentiality was protected by the state	18366
dental board when the information was in the board's possession.	18367
Measures to ensure confidentiality that may be taken by the court	18368
include sealing its records or deleting specific information from	18369
its records.	18370

Sec. 4715.302. (A) As used in this section, "drug database"	18371
means the database established and maintained by the state board	18372
of pharmacy pursuant to section 4729.75 of the Revised Code.	18373

(B) ~~The~~Except as provided in divisions (C) and (E) of this	18374
section, a dentist shall comply with all of the following as	18375
conditions of prescribing a drug that is either an opioid	18376
analgesic or a benzodiazepine, or personally furnishing a complete	18377
or partial supply of such a drug, as part of a patient's course of	18378
treatment for a particular condition:	18379

(1) Before initially prescribing or furnishing the drug, the	18380
dentist or the dentist's delegate shall request from the drug	18381
database a report of information related to the patient that	18382
covers at least the twelve months immediately preceding the date	18383
of the request. If the dentist practices primarily in a county of	18384
this state that adjoins another state, the dentist or delegate	18385
also shall request a report of any information available in the	18386
drug database that pertains to prescriptions issued or drugs	18387
furnished to the patient in the state adjoining that county.	18388

(2) If the patient's course of treatment for the condition	18389
continues for more than ninety days after the initial report is	18390
requested, the dentist or delegate shall make periodic requests	18391
for reports of information from the drug database until the course	18392
of treatment has ended. The requests shall be made at intervals	18393
not exceeding ninety days, determined according to the date the	18394
initial request was made. The request shall be made in the same	18395
manner provided in division (B)(1) of this section for requesting	18396
the initial report of information from the drug database.	18397

(3) On receipt of a report under division (B)(1) or (2) of	18398
this section, the dentist shall assess the information in the	18399
report. The dentist shall document in the patient's record that	18400
the report was received and the information was assessed.	18401

(C)(1) Division (B) of this section does not apply if a drug	18402
database report regarding the patient is not available. In this	18403
event, the dentist shall document in the patient's record the	18404
reason that the report is not available.	18405

(2) Division (B) of this section does not apply if the drug	18406
is prescribed or personally furnished in an amount indicated for a	18407
period not to exceed seven days.	18408

(D) With respect to prescribing or personally furnishing any	18409
drug that is not an opioid analgesic or a benzodiazepine but is	18410
included in the drug database pursuant to rules adopted under	18411
section 4729.84 of the Revised Code, the state dental board shall	18412
adopt rules ~~in accordance with Chapter 119. of the Revised Code~~	18413
that establish standards and procedures to be followed by a	18414
dentist regarding the review of patient information available	18415
through the drug database under division (A)(5) of section 4729.80	18416
of the Revised Code. The rules shall be adopted in accordance with	18417
Chapter 119. of the Revised Code.	18418

~~(C)~~(E) This section and the rules adopted under it do not	18419
apply if the state board of pharmacy no longer maintains the drug	18420
database.	18421

Sec. 4717.10. (A) The board of embalmers and funeral	18422
directors may recognize licenses issued to embalmers and funeral	18423
directors by other states, and upon presentation of such licenses,	18424
may issue to the holder an embalmer's or funeral director's	18425
license under this chapter. The board shall charge the same fee as	18426
prescribed in section 4717.07 of the Revised Code to issue or	18427
renew such an embalmer's or funeral director's license. Such	18428
licenses shall be renewed biennially as provided in section	18429
4717.08 of the Revised Code. The board shall not issue a license	18430
to any person under division (A) of this section unless the	18431
applicant proves that the applicant, in the state in which the	18432
applicant is licensed, has complied with requirements	18433
substantially equal to those established in section 4717.05 of the	18434
Revised Code.	18435

(B) The board of embalmers and funeral directors may issue	18436
courtesy ~~cards~~card permits. A courtesy ~~cardholder~~card permit	18437
holder shall be authorized to undertake both the following acts in	18438
this state:	18439

(1) Prepare and complete those sections of a death	18440
certificate and other permits needed for disposition of deceased	18441
human remains in this state and sign and file such death	18442
certificates and permits;	18443

(2) Supervise and conduct funeral ceremonies ~~and~~, interments,	18444
and entombments in this state.	18445

(C) The board of embalmers and funeral directors may	18446
determine under what conditions a courtesy card permit may be	18447
issued to funeral directors in bordering states after taking into	18448
account whether and under what conditions and fees such border	18449
states issue similar courtesy ~~cards~~card permits to funeral	18450
directors licensed in this state. A courtesy card permit holder	18451
shall comply with all applicable laws and rules of this state	18452
while engaged in any acts of funeral directing in this state. The	18453
board may revoke or suspend a courtesy card permit or subject a	18454
courtesy card permit holder to discipline in accordance with the	18455
laws, rules, and procedures applicable to funeral director	18456
licensees under this chapter. Applicants for courtesy ~~cards~~card	18457
permits shall apply on forms prescribed by the board, pay a	18458
biennial fee set by the board for initial applications and	18459
renewals, and adhere to such other requirements imposed by the	18460
board on courtesy ~~cardholders~~card permit holders.	18461

(D) No courtesy ~~cardholder~~card permit holder shall be	18462
authorized to undertake any of the following activities in this	18463
state:	18464

(1) Arranging funerals or disposition services with members	18465
of the public in this state;	18466

(2) Be employed by or under contract to a funeral home	18467
licensed in this state to perform funeral services in this state;	18468

(3) Advertise funeral or disposition services in this state;

18469

(4) Enter into or execute funeral or disposition contracts in	18470
this state;	18471

(5) Prepare or embalm deceased human remains in this state;

18472

(6) Arrange for or carry out the disinterment of human	18473
remains in this state.	18474

(E) As used in this section, "courtesy card permit" means a	18475
special permit that may be issued to a funeral director licensed	18476
in a state that borders this state and who does not hold a funeral	18477
director's license under this chapter.	18478

Sec. 4723.28. (A) The board of nursing, by a vote of a	18479
quorum, may impose one or more of the following sanctions if it	18480
finds that a person committed fraud in passing an examination	18481
required to obtain a license, certificate of authority, or	18482
dialysis technician certificate issued by the board or to have	18483
committed fraud, misrepresentation, or deception in applying for	18484
or securing any nursing license, certificate of authority, or	18485
dialysis technician certificate issued by the board: deny, revoke,	18486
suspend, or place restrictions on any nursing license, certificate	18487
of authority, or dialysis technician certificate issued by the	18488
board; reprimand or otherwise discipline a holder of a nursing	18489
license, certificate of authority, or dialysis technician	18490
certificate; or impose a fine of not more than five hundred	18491
dollars per violation.	18492

(B) The board of nursing, by a vote of a quorum, may impose	18493
one or more of the following sanctions: deny, revoke, suspend, or	18494
place restrictions on any nursing license, certificate of	18495
authority, or dialysis technician certificate issued by the board;	18496
reprimand or otherwise discipline a holder of a nursing license,	18497
certificate of authority, or dialysis technician certificate; or	18498
impose a fine of not more than five hundred dollars per violation.	18499
The sanctions may be imposed for any of the following:	18500

(1) Denial, revocation, suspension, or restriction of	18501
authority to engage in a licensed profession or practice a health	18502
care occupation, including nursing or practice as a dialysis	18503
technician, for any reason other than a failure to renew, in Ohio	18504
or another state or jurisdiction;	18505

(2) Engaging in the practice of nursing or engaging in	18506
practice as a dialysis technician, having failed to renew a	18507
nursing license or dialysis technician certificate issued under	18508
this chapter, or while a nursing license or dialysis technician	18509
certificate is under suspension;	18510

(3) Conviction of, a plea of guilty to, a judicial finding of	18511
guilt of, a judicial finding of guilt resulting from a plea of no	18512
contest to, or a judicial finding of eligibility for a pretrial	18513
diversion or similar program or for intervention in lieu of	18514
conviction for, a misdemeanor committed in the course of practice;	18515

(4) Conviction of, a plea of guilty to, a judicial finding of	18516
guilt of, a judicial finding of guilt resulting from a plea of no	18517
contest to, or a judicial finding of eligibility for a pretrial	18518
diversion or similar program or for intervention in lieu of	18519
conviction for, any felony or of any crime involving gross	18520
immorality or moral turpitude;	18521

(5) Selling, giving away, or administering drugs or	18522
therapeutic devices for other than legal and legitimate	18523
therapeutic purposes; or conviction of, a plea of guilty to, a	18524
judicial finding of guilt of, a judicial finding of guilt	18525
resulting from a plea of no contest to, or a judicial finding of	18526
eligibility for a pretrial diversion or similar program or for	18527
intervention in lieu of conviction for, violating any municipal,	18528
state, county, or federal drug law;	18529

(6) Conviction of, a plea of guilty to, a judicial finding of	18530
guilt of, a judicial finding of guilt resulting from a plea of no	18531
contest to, or a judicial finding of eligibility for a pretrial	18532
diversion or similar program or for intervention in lieu of	18533
conviction for, an act in another jurisdiction that would	18534
constitute a felony or a crime of moral turpitude in Ohio;	18535

(7) Conviction of, a plea of guilty to, a judicial finding of	18536
guilt of, a judicial finding of guilt resulting from a plea of no	18537
contest to, or a judicial finding of eligibility for a pretrial	18538
diversion or similar program or for intervention in lieu of	18539
conviction for, an act in the course of practice in another	18540
jurisdiction that would constitute a misdemeanor in Ohio;	18541

(8) Self-administering or otherwise taking into the body any	18542
dangerous drug, as defined in section 4729.01 of the Revised Code,	18543
in any way that is not in accordance with a legal, valid	18544
prescription issued for that individual, or self-administering or	18545
otherwise taking into the body any drug that is a schedule I	18546
controlled substance;	18547

(9) Habitual or excessive use of controlled substances, other	18548
habit-forming drugs, or alcohol or other chemical substances to an	18549
extent that impairs the individual's ability to provide safe	18550
nursing care or safe dialysis care;	18551

(10) Impairment of the ability to practice according to	18552
acceptable and prevailing standards of safe nursing care or safe	18553
dialysis care because of the use of drugs, alcohol, or other	18554
chemical substances;	18555

(11) Impairment of the ability to practice according to	18556
acceptable and prevailing standards of safe nursing care or safe	18557
dialysis care because of a physical or mental disability;	18558

(12) Assaulting or causing harm to a patient or depriving a	18559
patient of the means to summon assistance;	18560

(13) Misappropriation or attempted misappropriation of money	18561
or anything of value in the course of practice;	18562

(14) Adjudication by a probate court of being mentally ill or	18563
mentally incompetent. The board may reinstate the person's nursing	18564
license or dialysis technician certificate upon adjudication by a	18565
probate court of the person's restoration to competency or upon	18566
submission to the board of other proof of competency.	18567

(15) The suspension or termination of employment by the	18568
department of defense or the veterans administration of the United	18569
States for any act that violates or would violate this chapter;	18570

(16) Violation of this chapter or any rules adopted under it;

18571

(17) Violation of any restrictions placed by the board on a	18572
nursing license or dialysis technician certificate;	18573

(18) Failure to use universal and standard precautions	18574
established by rules adopted under section 4723.07 of the Revised	18575
Code;	18576

(19) Failure to practice in accordance with acceptable and	18577
prevailing standards of safe nursing care or safe dialysis care;	18578

(20) In the case of a registered nurse, engaging in	18579
activities that exceed the practice of nursing as a registered	18580
nurse;	18581

(21) In the case of a licensed practical nurse, engaging in	18582
activities that exceed the practice of nursing as a licensed	18583
practical nurse;	18584

(22) In the case of a dialysis technician, engaging in	18585
activities that exceed those permitted under section 4723.72 of	18586
the Revised Code;	18587

(23) Aiding and abetting a person in that person's practice	18588
of nursing without a license or practice as a dialysis technician	18589
without a certificate issued under this chapter;	18590

(24) In the case of a certified registered nurse anesthetist,	18591
clinical nurse specialist, certified nurse-midwife, or certified	18592
nurse practitioner, except as provided in division (M) of this	18593
section, either of the following:	18594

(a) Waiving the payment of all or any part of a deductible or	18595
copayment that a patient, pursuant to a health insurance or health	18596
care policy, contract, or plan that covers such nursing services,	18597
would otherwise be required to pay if the waiver is used as an	18598
enticement to a patient or group of patients to receive health	18599
care services from that provider;	18600

(b) Advertising that the nurse will waive the payment of all	18601
or any part of a deductible or copayment that a patient, pursuant	18602
to a health insurance or health care policy, contract, or plan	18603
that covers such nursing services, would otherwise be required to	18604
pay.	18605

(25) Failure to comply with the terms and conditions of	18606
participation in the chemical dependency monitoring program	18607
established under section 4723.35 of the Revised Code;	18608

(26) Failure to comply with the terms and conditions required	18609
under the practice intervention and improvement program	18610
established under section 4723.282 of the Revised Code;	18611

(27) In the case of a certified registered nurse anesthetist,	18612
clinical nurse specialist, certified nurse-midwife, or certified	18613
nurse practitioner:	18614

(a) Engaging in activities that exceed those permitted for	18615
the nurse's nursing specialty under section 4723.43 of the Revised	18616
Code;	18617

(b) Failure to meet the quality assurance standards	18618
established under section 4723.07 of the Revised Code.	18619

(28) In the case of a clinical nurse specialist, certified	18620
nurse-midwife, or certified nurse practitioner, failure to	18621
maintain a standard care arrangement in accordance with section	18622
4723.431 of the Revised Code or to practice in accordance with the	18623
standard care arrangement;	18624

(29) In the case of a clinical nurse specialist, certified	18625
nurse-midwife, or certified nurse practitioner who holds a	18626
certificate to prescribe issued under section 4723.48 of the	18627
Revised Code, failure to prescribe drugs and therapeutic devices	18628
in accordance with section 4723.481 of the Revised Code;	18629

(30) Prescribing any drug or device to perform or induce an	18630
abortion, or otherwise performing or inducing an abortion;	18631

(31) Failure to establish and maintain professional	18632
boundaries with a patient, as specified in rules adopted under	18633
section 4723.07 of the Revised Code;	18634

(32) Regardless of whether the contact or verbal behavior is	18635
consensual, engaging with a patient other than the spouse of the	18636
registered nurse, licensed practical nurse, or dialysis technician	18637
in any of the following:	18638

(a) Sexual contact, as defined in section 2907.01 of the	18639
Revised Code;	18640

(b) Verbal behavior that is sexually demeaning to the patient	18641
or may be reasonably interpreted by the patient as sexually	18642
demeaning.	18643

(33) Assisting suicide as defined in section 3795.01 of the	18644
Revised Code;	18645

(34) Failure to comply with section 4723.487 of the Revised	18646
Code, unless the state board of pharmacy no longer maintains a	18647
drug database pursuant to section 4729.75 of the Revised Code.	18648

(C) Disciplinary actions taken by the board under divisions	18649
(A) and (B) of this section shall be taken pursuant to an	18650
adjudication conducted under Chapter 119. of the Revised Code,	18651
except that in lieu of a hearing, the board may enter into a	18652
consent agreement with an individual to resolve an allegation of a	18653
violation of this chapter or any rule adopted under it. A consent	18654
agreement, when ratified by a vote of a quorum, shall constitute	18655
the findings and order of the board with respect to the matter	18656
addressed in the agreement. If the board refuses to ratify a	18657
consent agreement, the admissions and findings contained in the	18658
agreement shall be of no effect.	18659

(D) The hearings of the board shall be conducted in	18660
accordance with Chapter 119. of the Revised Code, the board may	18661
appoint a hearing examiner, as provided in section 119.09 of the	18662
Revised Code, to conduct any hearing the board is authorized to	18663
hold under Chapter 119. of the Revised Code.	18664

In any instance in which the board is required under Chapter	18665
119. of the Revised Code to give notice of an opportunity for a	18666
hearing and the applicant, licensee, or certificate holder does	18667
not make a timely request for a hearing in accordance with section	18668
119.07 of the Revised Code, the board is not required to hold a	18669
hearing, but may adopt, by a vote of a quorum, a final order that	18670
contains the board's findings. In the final order, the board may	18671
order any of the sanctions listed in division (A) or (B) of this	18672
section.	18673

(E) If a criminal action is brought against a registered	18674
nurse, licensed practical nurse, or dialysis technician for an act	18675
or crime described in divisions (B)(3) to (7) of this section and	18676
the action is dismissed by the trial court other than on the	18677
merits, the board shall conduct an adjudication to determine	18678
whether the registered nurse, licensed practical nurse, or	18679
dialysis technician committed the act on which the action was	18680
based. If the board determines on the basis of the adjudication	18681
that the registered nurse, licensed practical nurse, or dialysis	18682
technician committed the act, or if the registered nurse, licensed	18683
practical nurse, or dialysis technician fails to participate in	18684
the adjudication, the board may take action as though the	18685
registered nurse, licensed practical nurse, or dialysis technician	18686
had been convicted of the act.	18687

If the board takes action on the basis of a conviction, plea,	18688
or a judicial finding as described in divisions (B)(3) to (7) of	18689
this section that is overturned on appeal, the registered nurse,	18690
licensed practical nurse, or dialysis technician may, on	18691
exhaustion of the appeal process, petition the board for	18692
reconsideration of its action. On receipt of the petition and	18693
supporting court documents, the board shall temporarily rescind	18694
its action. If the board determines that the decision on appeal	18695
was a decision on the merits, it shall permanently rescind its	18696
action. If the board determines that the decision on appeal was	18697
not a decision on the merits, it shall conduct an adjudication to	18698
determine whether the registered nurse, licensed practical nurse,	18699
or dialysis technician committed the act on which the original	18700
conviction, plea, or judicial finding was based. If the board	18701
determines on the basis of the adjudication that the registered	18702
nurse, licensed practical nurse, or dialysis technician committed	18703
such act, or if the registered nurse, licensed practical nurse, or	18704
dialysis technician does not request an adjudication, the board	18705
shall reinstate its action; otherwise, the board shall permanently	18706
rescind its action.	18707

Notwithstanding the provision of division (C)(2) of section	18708
2953.32 of the Revised Code specifying that if records pertaining	18709
to a criminal case are sealed under that section the proceedings	18710
in the case shall be deemed not to have occurred, sealing of the	18711
following records on which the board has based an action under	18712
this section shall have no effect on the board's action or any	18713
sanction imposed by the board under this section: records of any	18714
conviction, guilty plea, judicial finding of guilt resulting from	18715
a plea of no contest, or a judicial finding of eligibility for a	18716
pretrial diversion program or intervention in lieu of conviction.	18717

The board shall not be required to seal, destroy, redact, or	18718
otherwise modify its records to reflect the court's sealing of	18719
conviction records.	18720

(F) The board may investigate an individual's criminal	18721
background in performing its duties under this section. As part of	18722
such investigation, the board may order the individual to submit,	18723
at the individual's expense, a request to the bureau of criminal	18724
identification and investigation for a criminal records check and	18725
check of federal bureau of investigation records in accordance	18726
with the procedure described in section 4723.091 of the Revised	18727
Code.	18728

(G) During the course of an investigation conducted under	18729
this section, the board may compel any registered nurse, licensed	18730
practical nurse, or dialysis technician or applicant under this	18731
chapter to submit to a mental or physical examination, or both, as	18732
required by the board and at the expense of the individual, if the	18733
board finds reason to believe that the individual under	18734
investigation may have a physical or mental impairment that may	18735
affect the individual's ability to provide safe nursing care.	18736
Failure of any individual to submit to a mental or physical	18737
examination when directed constitutes an admission of the	18738
allegations, unless the failure is due to circumstances beyond the	18739
individual's control, and a default and final order may be entered	18740
without the taking of testimony or presentation of evidence.	18741

If the board finds that an individual is impaired, the board	18742
shall require the individual to submit to care, counseling, or	18743
treatment approved or designated by the board, as a condition for	18744
initial, continued, reinstated, or renewed authority to practice.	18745
The individual shall be afforded an opportunity to demonstrate to	18746
the board that the individual can begin or resume the individual's	18747
occupation in compliance with acceptable and prevailing standards	18748
of care under the provisions of the individual's authority to	18749
practice.	18750

For purposes of this division, any registered nurse, licensed	18751
practical nurse, or dialysis technician or applicant under this	18752
chapter shall be deemed to have given consent to submit to a	18753
mental or physical examination when directed to do so in writing	18754
by the board, and to have waived all objections to the	18755
admissibility of testimony or examination reports that constitute	18756
a privileged communication.	18757

(H) The board shall investigate evidence that appears to show	18758
that any person has violated any provision of this chapter or any	18759
rule of the board. Any person may report to the board any	18760
information the person may have that appears to show a violation	18761
of any provision of this chapter or rule of the board. In the	18762
absence of bad faith, any person who reports such information or	18763
who testifies before the board in any adjudication conducted under	18764
Chapter 119. of the Revised Code shall not be liable for civil	18765
damages as a result of the report or testimony.	18766

(I) All of the following apply under this chapter with	18767
respect to the confidentiality of information:	18768

(1) Information received by the board pursuant to a complaint	18769
or an investigation is confidential and not subject to discovery	18770
in any civil action, except that the board may disclose	18771
information to law enforcement officers and government entities	18772
for purposes of an investigation of either a licensed health care	18773
professional, including a registered nurse, licensed practical	18774
nurse, or dialysis technician, or a person who may have engaged in	18775
the unauthorized practice of nursing or dialysis care. No law	18776
enforcement officer or government entity with knowledge of any	18777
information disclosed by the board pursuant to this division shall	18778
divulge the information to any other person or government entity	18779
except for the purpose of a government investigation, a	18780
prosecution, or an adjudication by a court or government entity.	18781

(2) If an investigation requires a review of patient records,	18782
the investigation and proceeding shall be conducted in such a	18783
manner as to protect patient confidentiality.	18784

(3) All adjudications and investigations of the board shall	18785
be considered civil actions for the purposes of section 2305.252	18786
of the Revised Code.	18787

(4) Any board activity that involves continued monitoring of	18788
an individual as part of or following any disciplinary action	18789
taken under this section shall be conducted in a manner that	18790
maintains the individual's confidentiality. Information received	18791
or maintained by the board with respect to the board's monitoring	18792
activities is not subject to discovery in any civil action and is	18793
confidential, except that the board may disclose information to	18794
law enforcement officers and government entities for purposes of	18795
an investigation of a licensee or certificate holder.	18796

(J) Any action taken by the board under this section	18797
resulting in a suspension from practice shall be accompanied by a	18798
written statement of the conditions under which the person may be	18799
reinstated to practice.	18800

(K) When the board refuses to grant a license or certificate	18801
to an applicant, revokes a license or certificate, or refuses to	18802
reinstate a license or certificate, the board may specify that its	18803
action is permanent. An individual subject to permanent action	18804
taken by the board is forever ineligible to hold a license or	18805
certificate of the type that was refused or revoked and the board	18806
shall not accept from the individual an application for	18807
reinstatement of the license or certificate or for a new license	18808
or certificate.	18809

(L) No unilateral surrender of a nursing license, certificate	18810
of authority, or dialysis technician certificate issued under this	18811
chapter shall be effective unless accepted by majority vote of the	18812
board. No application for a nursing license, certificate of	18813
authority, or dialysis technician certificate issued under this	18814
chapter may be withdrawn without a majority vote of the board. The	18815
board's jurisdiction to take disciplinary action under this	18816
section is not removed or limited when an individual has a license	18817
or certificate classified as inactive or fails to renew a license	18818
or certificate.	18819

(M) Sanctions shall not be imposed under division (B)(24) of	18820
this section against any licensee who waives deductibles and	18821
copayments as follows:	18822

(1) In compliance with the health benefit plan that expressly	18823
allows such a practice. Waiver of the deductibles or copayments	18824
shall be made only with the full knowledge and consent of the plan	18825
purchaser, payer, and third-party administrator. Documentation of	18826
the consent shall be made available to the board upon request.	18827

(2) For professional services rendered to any other person	18828
licensed pursuant to this chapter to the extent allowed by this	18829
chapter and the rules of the board.	18830

Sec. 4723.433. When an advanced practice registered nurse	18831
orders a test for the presence of Lyme disease in a patient, the	18832
nurse or nurse's delegate shall provide to the patient or	18833
patient's representative a written notice with the following	18834
information:	18835

"Your health care provider has ordered a test for the	18836
presence of Lyme disease. Current testing for Lyme disease can be	18837
problematic and may lead to false results. If you are tested for	18838
Lyme disease and the results are positive, this does not	18839
necessarily mean that you have contracted Lyme disease. In the	18840
alternative, if the results are negative, this does not	18841
necessarily mean that you have not contracted Lyme disease. If you	18842
continue to experience symptoms or have other health concerns, you	18843
should contact your health care provider and inquire about the	18844
appropriateness of additional testing or treatment."	18845

The nurse or nurse's delegate shall obtain a signature from	18846
the patient or patient's representative indicating receipt of the	18847
notice. The document containing the signature shall be kept in the	18848
patient's record.	18849

Sec. 4723.486. (A) A certificate to prescribe issued under	18850
section 4723.48 of the Revised Code that is not issued as an	18851
externship certificate is valid for two years, unless otherwise	18852
provided in rules adopted under section 4723.50 of the Revised	18853
Code or earlier suspended or revoked by the board. The board of	18854
nursing shall renew certificates to prescribe according to	18855
procedures and a renewal schedule established in rules adopted	18856
under section 4723.50 of the Revised Code.	18857

(B) ~~The~~Except as provided in division (C) of this section,	18858
the board may renew a certificate to prescribe if the holder	18859
submits to the board all of the following:	18860

(1) Evidence of having completed during the previous two	18861
years at least twelve hours of continuing education in advanced	18862
pharmacology, or, if the certificate has been held for less than a	18863
full renewal period, the number of hours required by the board in	18864
rules adopted under section 4723.50 of the Revised Code;	18865

(2) The fee required under section 4723.08 of the Revised	18866
Code for renewal of a certificate to prescribe;	18867

(3) Any additional information the board requires pursuant to	18868
rules adopted under section 4723.50 of the Revised Code.	18869

(C)(1) Except as provided in division (C)(2) of this section,	18870
in the case of a certificate holder seeking renewal who prescribes	18871
opioid analgesics or benzodiazepines, the holder shall certify to	18872
the board whether the holder has been granted access to the drug	18873
database established and maintained by the state board of pharmacy	18874
pursuant to section 4729.75 of the Revised Code.	18875

(2) The requirement in division (C)(1) of this section does	18876
not apply if either of the following is the case:	18877

(a) The state board of pharmacy notifies the board of nursing	18878
pursuant to section 4729.861 of the Revised Code that the	18879
certificate holder has been restricted from obtaining further	18880
information from the drug database.	18881

(b) The state board of pharmacy no longer maintains the drug	18882
database.	18883

(3) If a certificate holder certifies to the board of nursing	18884
that the holder has been granted access to the drug database and	18885
the board finds through an audit or other means that the holder	18886
has not been granted access, the board may take action under	18887
section 4723.28 of the Revised Code.	18888

(D) The continuing education in pharmacology required under	18889
division (B)(1) of this section must be received from an	18890
accredited institution recognized by the board. The hours of	18891
continuing education required are in addition to any other	18892
continuing education requirement that must be completed pursuant	18893
to this chapter.	18894

Sec. 4723.487. (A) As used in this section, "drug database"	18895
means the database established and maintained by the state board	18896
of pharmacy pursuant to section 4729.75 of the Revised Code.	18897

(B) ~~The~~Except as provided in divisions (C) and (E) of this	18898
section, an advanced practice registered nurse holding a	18899
certificate to prescribe issued under this chapter shall comply	18900
with all of the following as conditions of prescribing a drug that	18901
is either an opioid analgesic or a benzodiazepine as part of a	18902
patient's course of treatment for a particular condition:	18903

(1) Before initially prescribing the drug, the nurse or the	18904
nurse's delegate shall request from the drug database a report of	18905
information related to the patient that covers at least the twelve	18906
months immediately preceding the date of the request. If the nurse	18907
practices primarily in a county of this state that adjoins another	18908
state, the nurse or delegate also shall request a report of any	18909
information available in the drug database that pertains to	18910
prescriptions issued or drugs furnished to the patient in the	18911
state adjoining that county.	18912

(2) If the patient's course of treatment for the condition	18913
continues for more than ninety days after the initial report is	18914
requested, the nurse or delegate shall make periodic requests for	18915
reports of information from the drug database until the course of	18916
treatment has ended. The requests shall be made at intervals not	18917
exceeding ninety days, determined according to the date the	18918
initial request was made. The request shall be made in the same	18919
manner provided in division (B)(1) of this section for requesting	18920
the initial report of information from the drug database.	18921

(3) On receipt of a report under division (B)(1) or (2) of	18922
this section, the nurse shall assess the information in the	18923
report. The nurse shall document in the patient's record that the	18924
report was received and the information was assessed.	18925

(C) Division (B) of this section does not apply if in any of	18926
the following circumstances:	18927

(1) A drug database report regarding the patient is not	18928
available, in which case the nurse shall document in the patient's	18929
record the reason that the report is not available.	18930

(2) The drug is prescribed in an amount indicated for a	18931
period not to exceed seven days.	18932

(3) The drug is prescribed for the treatment of cancer or	18933
another condition associated with cancer.	18934

(4) The drug is prescribed to a hospice patient in a hospice	18935
care program, as those terms are defined in section 3712.01 of the	18936
Revised Code, or any other patient diagnosed as terminally ill.	18937

(5) The drug is prescribed for administration in a hospital,	18938
nursing home, or residential care facility.	18939

(D) With respect to prescribing any drug that is not an	18940
opioid analgesic or a benzodiazepine but is included in the drug	18941
database pursuant to rules adopted under section 4729.84 of the	18942
Revised Code, the board of nursing shall adopt rules ~~in accordance~~	18943
~~with Chapter 119. of the Revised Code~~ that establish standards and	18944
procedures to be followed by an advanced practice registered nurse	18945
with a certificate to prescribe issued under section 4723.48 of	18946
the Revised Code regarding the review of patient information	18947
available through the drug database under division (A)(5) of	18948
section 4729.80 of the Revised Code. The rules shall be adopted in	18949
accordance with Chapter 119. of the Revised Code.	18950

~~(C)~~(E) This section and the rules adopted under it do not	18951
apply if the state board of pharmacy no longer maintains the drug	18952
database.	18953

Sec. 4725.092. (A) As used in this section, "drug database"	18954
means the database established and maintained by the state board	18955
of pharmacy pursuant to section 4729.75 of the Revised Code.	18956

(B) ~~The~~Except as provided in divisions (C) and (E) of this	18957
section, an optometrist holding a therapeutic pharmaceutical	18958
agents certificate shall comply with all of the following as	18959
conditions of prescribing a drug that is either an opioid	18960
analgesic or a benzodiazepine, or personally furnishing a complete	18961
or partial supply of such a drug, as part of a patient's course of	18962
treatment for a particular condition:	18963

(1) Before initially prescribing or furnishing the drug, the	18964
optometrist or the optometrist's delegate shall request from the	18965
drug database a report of information related to the patient that	18966
covers at least the twelve months immediately preceding the date	18967
of the request. If the optometrist practices primarily in a county	18968
of this state that adjoins another state, the optometrist or	18969
delegate also shall request a report of any information available	18970
in the drug database that pertains to prescriptions issued or	18971
drugs furnished to the patient in the state adjoining that county.	18972

(2) If the patient's course of treatment for the condition	18973
continues for more than ninety days after the initial report is	18974
requested, the optometrist or delegate shall make periodic	18975
requests for reports of information from the drug database until	18976
the course of treatment has ended. The requests shall be made at	18977
intervals not exceeding ninety days, determined according to the	18978
date the initial request was made. The request shall be made in	18979
the same manner provided in division (B)(1) of this section for	18980
requesting the initial report of information from the drug	18981
database.	18982

(3) On receipt of a report under division (B)(1) or (2) of	18983
this section, the optometrist shall assess the information in the	18984
report. The optometrist shall document in the patient's record	18985
that the report was received and the information was assessed.	18986

(C)(1) Division (B) of this section does not apply if a drug	18987
database report regarding the patient is not available. In this	18988
event, the optometrist shall document in the patient's record the	18989
reason that the report is not available.	18990

(2) Division (B) of this section does not apply if the drug	18991
is prescribed or personally furnished in an amount indicated for a	18992
period not to exceed seven days.	18993

(D) With respect to prescribing or personally furnishing any	18994
drug that is not an opioid analgesic or a benzodiazepine but is	18995
included in the drug database pursuant to rules adopted under	18996
section 4729.84 of the Revised Code, the state board of optometry	18997
shall adopt rules ~~in accordance with Chapter 119. of the Revised~~	18998
~~Code~~ that establish standards and procedures to be followed by an	18999
optometrist who holds a therapeutic pharmaceutical agents	19000
certificate regarding the review of patient information available	19001
through the drug database under division (A)(5) of section 4729.80	19002
of the Revised Code. The rules shall be adopted in accordance with	19003
Chapter 119. of the Revised Code.	19004

~~(C)~~(E) This section and the rules adopted under it do not	19005
apply if the state board of pharmacy no longer maintains the drug	19006
database.	19007

Sec. 4725.16. (A)(1) Each certificate of licensure, topical	19008
ocular pharmaceutical agents certificate, and therapeutic	19009
pharmaceutical agents certificate issued by the state board of	19010
optometry shall expire annually on the last day of December, and	19011
may be renewed in accordance with this section and the standard	19012
renewal procedure established under Chapter 4745. of the Revised	19013
Code.	19014

(2) An optometrist seeking to continue to practice optometry	19015
shall file with the board an application for license renewal. The	19016
application shall be in such form and require such pertinent	19017
professional biographical data as the board may require.	19018

(3)(a) Except as provided in division (A)(3)(b) of this	19019
section, in the case of an optometrist seeking renewal who holds a	19020
topical ocular pharmaceutical agents certificate and who	19021
prescribes or personally furnishes opioid analgesics or	19022
benzodiazepines, the optometrist shall certify to the board	19023
whether the optometrist has been granted access to the drug	19024
database established and maintained by the state board of pharmacy	19025
pursuant to section 4729.75 of the Revised Code.	19026

(b) The requirement in division (A)(3)(a) of this section	19027
does not apply if either of the following is the case:	19028

(i) The state board of pharmacy notifies the state board of	19029
optometry pursuant to section 4729.861 of the Revised Code that	19030
the certificate holder has been restricted from obtaining further	19031
information from the drug database.	19032

(ii) The state board of pharmacy no longer maintains the drug	19033
database.	19034

(c) If an optometrist certifies to the state board of	19035
optometry that the optometrist has been granted access to the drug	19036
database and the board finds through an audit or other means that	19037
the optometrist has not been granted access, the board may take	19038
action under section 4725.19 of the Revised Code.	19039

(B) All licensed optometrists shall annually complete	19040
continuing education in subjects relating to the practice of	19041
optometry, to the end that the utilization and application of new	19042
techniques, scientific and clinical advances, and the achievements	19043
of research will assure comprehensive care to the public. The	19044
board shall prescribe by rule the continuing optometric education	19045
that licensed optometrists must complete. The length of study	19046
shall be twenty-five clock hours each year, including ten clock	19047
hours of instruction in pharmacology to be completed by all	19048
licensed optometrists.	19049

Unless the continuing education required under this division	19050
is waived or deferred under division (D) of this section, the	19051
continuing education must be completed during the twelve-month	19052
period beginning on the first day of October and ending on the	19053
last day of September. If the board receives notice from a	19054
continuing education program indicating that an optometrist	19055
completed the program after the last day of September, and the	19056
optometrist wants to use the continuing education completed after	19057
that day to renew the license that expires on the last day of	19058
December of that year, the optometrist shall pay the penalty	19059
specified under section 4725.34 of the Revised Code for late	19060
completion of continuing education.	19061

At least once annually, the board shall post on its web site	19062
and shall mail, or send by electronic mail, to each licensed	19063
optometrist a list of courses approved in accordance with	19064
standards prescribed by board rule. Upon the request of a licensed	19065
optometrist, the executive director of the board shall supply a	19066
list of additional courses that the board has approved subsequent	19067
to the most recent web site posting, electronic mail transmission,	19068
or mailing of the list of approved courses.	19069

(C)(1) Annually, not later than the first day of November,	19070
the board shall mail or send by electronic mail a notice regarding	19071
license renewal to each licensed optometrist who may be eligible	19072
for renewal. The notice shall be sent to the optometrist's most	19073
recent electronic mail or mailing address shown in the board's	19074
records. If the board knows that the optometrist has completed the	19075
required continuing optometric education for the year, the board	19076
may include with the notice an application for license renewal.	19077

(2) Filing a license renewal application with the board shall	19078
serve as notice by the optometrist that the continuing optometric	19079
education requirement has been successfully completed. If the	19080
board finds that an optometrist has not completed the required	19081
continuing optometric education, the board shall disapprove the	19082
optometrist's application. The board's disapproval of renewal is	19083
effective without a hearing, unless a hearing is requested	19084
pursuant to Chapter 119. of the Revised Code.	19085

(3) The board shall refuse to accept an application for	19086
renewal from any applicant whose license is not in good standing	19087
or who is under disciplinary review pursuant to section 4725.19 of	19088
the Revised Code.	19089

(4) Notice of an applicant's failure to qualify for renewal	19090
shall be served upon the applicant by mail. The notice shall be	19091
sent not later than the fifteenth day of November to the	19092
applicant's last address shown in the board's records.	19093

(D) In cases of certified illness or undue hardship, the	19094
board may waive or defer for up to twelve months the requirement	19095
of continuing optometric education, except that in such cases the	19096
board may not waive or defer the continuing education in	19097
pharmacology required to be completed by optometrists who hold	19098
topical ocular pharmaceutical agents certificates or therapeutic	19099
pharmaceutical agents certificates. The board shall waive the	19100
requirement of continuing optometric education for any optometrist	19101
who is serving on active duty in the armed forces of the United	19102
States or a reserve component of the armed forces of the United	19103
States, including the Ohio national guard or the national guard of	19104
any other state or who has received an initial certificate of	19105
licensure during the nine-month period which ended on the last day	19106
of September.	19107

(E) An optometrist whose renewal application has been	19108
approved may renew each certificate held by paying to the	19109
treasurer of state the fees for renewal specified under section	19110
4725.34 of the Revised Code. On payment of all applicable fees,	19111
the board shall issue a renewal of the optometrist's certificate	19112
of licensure, topical ocular pharmaceutical agents certificate,	19113
and therapeutic pharmaceutical agents certificate, as appropriate.	19114

(F) Not later than the fifteenth day of December, the board	19115
shall mail or send by electronic mail a second notice regarding	19116
license renewal to each licensed optometrist who may be eligible	19117
for renewal but did not respond to the notice sent under division	19118
(C)(1) of this section. The notice shall be sent to the	19119
optometrist's most recent electronic mail or mailing address shown	19120
in the board's records. If an optometrist fails to file a renewal	19121
application after the second notice is sent, the board shall send	19122
a third notice regarding license renewal prior to any action under	19123
division (I) of this section to classify the optometrist's	19124
certificates as delinquent.	19125

(G) The failure of an optometrist to apply for license	19126
renewal or the failure to pay the applicable annual renewal fees	19127
on or before the date of expiration, shall automatically work a	19128
forfeiture of the optometrist's authority to practice optometry in	19129
this state.	19130

(H) The board shall accept renewal applications and renewal	19131
fees that are submitted from the first day of January to the last	19132
day of April of the year next succeeding the date of expiration.	19133
An individual who submits such a late renewal application or fee	19134
shall pay the late renewal fee specified in section 4725.34 of the	19135
Revised Code.	19136

(I)(1) If the certificates issued by the board to an	19137
individual have expired and the individual has not filed a	19138
complete application during the late renewal period, the	19139
individual's certificates shall be classified in the board's	19140
records as delinquent.	19141

(2) Any optometrist subject to delinquent classification may	19142
submit a written application to the board for reinstatement. For	19143
reinstatement to occur, the applicant must meet all of the	19144
following conditions:	19145

(a) Submit to the board evidence of compliance with board	19146
rules requiring continuing optometric education in a sufficient	19147
number of hours to make up for any delinquent compliance;	19148

(b) Pay the renewal fees for the year in which application	19149
for reinstatement is made and the reinstatement fee specified	19150
under division (A)(8) of section 4725.34 of the Revised Code;	19151

(c) Pass all or part of the licensing examination accepted by	19152
the board under section 4725.11 of the Revised Code as the board	19153
considers appropriate to determine whether the application for	19154
reinstatement should be approved;	19155

(d) If the applicant has been practicing optometry in another	19156
state or country, submit evidence that the applicant's license to	19157
practice optometry in the other state or country is in good	19158
standing.	19159

(3) The board shall approve an application for reinstatement	19160
if the conditions specified in division (I)(2) of this section are	19161
met. An optometrist who receives reinstatement is subject to the	19162
continuing education requirements specified under division (B) of	19163
this section for the year in which reinstatement occurs.	19164

Sec. 4725.19. (A) In accordance with Chapter 119. of the	19165
Revised Code and by an affirmative vote of a majority of its	19166
members, the state board of optometry, for any of the reasons	19167
specified in division (B) of this section, shall refuse to grant a	19168
certificate of licensure to an applicant and may, with respect to	19169
a licensed optometrist, do one or more of the following:	19170

(1) Suspend the operation of any certificate of licensure,	19171
topical ocular pharmaceutical agents certificate, or therapeutic	19172
pharmaceutical agents certificate, or all certificates granted by	19173
it to the optometrist;	19174

(2) Permanently revoke any or all of the certificates;

19175

(3) Limit or otherwise place restrictions on any or all of	19176
the certificates;	19177

(4) Reprimand the optometrist;

19178

(5) Impose a monetary penalty. If the reason for which the	19179
board is imposing the penalty involves a criminal offense that	19180
carries a fine under the Revised Code, the penalty shall not	19181
exceed the maximum fine that may be imposed for the criminal	19182
offense. In any other case, the penalty imposed by the board shall	19183
not exceed five hundred dollars.	19184

(6) Require the optometrist to take corrective action	19185
courses.	19186

The amount and content of corrective action courses shall be	19187
established by the board in rules adopted under section 4725.09 of	19188
the Revised Code.	19189

(B) The sanctions specified in division (A) of this section	19190
may be taken by the board for any of the following reasons:	19191

(1) Committing fraud in passing the licensing examination or	19192
making false or purposely misleading statements in an application	19193
for a certificate of licensure;	19194

(2) Being at any time guilty of immorality, regardless of the	19195
jurisdiction in which the act was committed;	19196

(3) Being guilty of dishonesty or unprofessional conduct in	19197
the practice of optometry;	19198

(4) Being at any time guilty of a felony, regardless of the	19199
jurisdiction in which the act was committed;	19200

(5) Being at any time guilty of a misdemeanor committed in	19201
the course of practice, regardless of the jurisdiction in which	19202
the act was committed;	19203

(6) Violating the conditions of any limitation or other	19204
restriction placed by the board on any certificate issued by the	19205
board;	19206

(7) Engaging in the practice of optometry as provided in	19207
division (A)(1), (2), or (3) of section 4725.01 of the Revised	19208
Code when the certificate authorizing that practice is under	19209
suspension, in which case the board shall permanently revoke the	19210
certificate;	19211

(8) Being denied a license to practice optometry in another	19212
state or country or being subject to any other sanction by the	19213
optometric licensing authority of another state or country, other	19214
than sanctions imposed for the nonpayment of fees;	19215

(9) Departing from or failing to conform to acceptable and	19216
prevailing standards of care in the practice of optometry as	19217
followed by similar practitioners under the same or similar	19218
circumstances, regardless of whether actual injury to a patient is	19219
established;	19220

(10) Failing to maintain comprehensive patient records;

19221

(11) Advertising a price of optical accessories, eye	19222
examinations, or other products or services by any means that	19223
would deceive or mislead the public;	19224

(12) Being addicted to the use of alcohol, stimulants,	19225
narcotics, or any other substance which impairs the intellect and	19226
judgment to such an extent as to hinder or diminish the	19227
performance of the duties included in the person's practice of	19228
optometry;	19229

(13) Engaging in the practice of optometry as provided in	19230
division (A)(2) or (3) of section 4725.01 of the Revised Code	19231
without authority to do so or, if authorized, in a manner	19232
inconsistent with the authority granted;	19233

(14) Failing to make a report to the board as required by	19234
division (A) of section 4725.21 or section 4725.31 of the Revised	19235
Code;	19236

(15) Soliciting patients from door to door or establishing	19237
temporary offices, in which case the board shall suspend all	19238
certificates held by the optometrist;	19239

(16) Failing to comply with section 4725.092 of the Revised	19240
Code, unless the state board of pharmacy no longer maintains a	19241
drug database pursuant to section 4729.75 of the Revised Code;	19242

(17) Except as provided in division (D) of this section:

19243

(a) Waiving the payment of all or any part of a deductible or	19244
copayment that a patient, pursuant to a health insurance or health	19245
care policy, contract, or plan that covers optometric services,	19246
would otherwise be required to pay if the waiver is used as an	19247
enticement to a patient or group of patients to receive health	19248
care services from that optometrist.	19249

(b) Advertising that the optometrist will waive the payment	19250
of all or any part of a deductible or copayment that a patient,	19251
pursuant to a health insurance or health care policy, contract, or	19252
plan that covers optometric services, would otherwise be required	19253
to pay.	19254

(C) Any person who is the holder of a certificate of	19255
licensure, or who is an applicant for a certificate of licensure	19256
against whom is preferred any charges, shall be furnished by the	19257
board with a copy of the complaint and shall have a hearing before	19258
the board in accordance with Chapter 119. of the Revised Code.	19259

(D) Sanctions shall not be imposed under division (B)~~(16)~~(17)	19260
of this section against any optometrist who waives deductibles and	19261
copayments:	19262

(1) In compliance with the health benefit plan that expressly	19263
allows such a practice. Waiver of the deductibles or copayments	19264
shall be made only with the full knowledge and consent of the plan	19265
purchaser, payer, and third-party administrator. Documentation of	19266
the consent shall be made available to the board upon request.	19267

(2) For professional services rendered to any other	19268
optometrist licensed by the board, to the extent allowed by	19269
sections 4725.01 to 4725.34 of the Revised Code and the rules of	19270
the board.	19271

Sec. 4729.12. An identification card issued by the state	19272
board of pharmacy under section 4729.08 of the Revised Code	19273
entitles the individual to whom it is issued to practice as a	19274
pharmacist or as a pharmacy intern in this state until the next	19275
annual renewal date.	19276

Identification cards shall be renewed annually on the	19277
fifteenth day of September, according to the standard renewal	19278
procedure of Chapter 4745. of the Revised Code.	19279

Each pharmacist and pharmacy intern shall carry the	19280
identification card or renewal identification card while engaged	19281
in the practice of pharmacy. The license shall be conspicuously	19282
exposed at the principal place where the pharmacist or pharmacy	19283
intern practices pharmacy.	19284

A pharmacist or pharmacy intern who desires to continue in	19285
the practice of pharmacy shall file with the board an application	19286
in such form and containing such data as the board may require for	19287
renewal of an identification card. An application filed under this	19288
section may not be withdrawn without the approval of the board. If	19289
the board finds that the applicant's card has not been revoked or	19290
placed under suspension and that the applicant has paid the	19291
renewal fee, has continued pharmacy education in accordance with	19292
the rules of the board, has been granted access to the drug	19293
database established and maintained by the board pursuant to	19294
section 4729.75 of the Revised Code (unless the board has	19295
restricted the applicant from obtaining any further information	19296
from the database or the board no longer maintains the database),	19297
and is entitled to continue in the practice of pharmacy, the board	19298
shall issue a renewal identification card to the applicant.	19299

When an identification card has lapsed for more than sixty	19300
days but application is made within three years after the	19301
expiration of the card, the applicant shall be issued a renewal	19302
identification card without further examination if the applicant	19303
meets the requirements of this section and pays the fee designated	19304
under division (E) of section 4729.15 of the Revised Code.	19305

Sec. 4729.51. (A)(1) Except as provided in division (A)(2)	19306
of this section, no person other than a registered wholesale	19307
distributor of dangerous drugs shall possess for sale, sell,	19308
distribute, or deliver, at wholesale, dangerous drugs, except as	19309
follows:	19310

(a) A pharmacist who is a licensed terminal distributor of	19311
dangerous drugs or who is employed by a licensed terminal	19312
distributor of dangerous drugs may make occasional sales of	19313
dangerous drugs at wholesale;	19314

(b) A licensed terminal distributor of dangerous drugs having	19315
more than one establishment or place may transfer or deliver	19316
dangerous drugs from one establishment or place for which a	19317
license has been issued to the terminal distributor to another	19318
establishment or place for which a license has been issued to the	19319
terminal distributor if the license issued for each establishment	19320
or place is in effect at the time of the transfer or delivery.	19321

(2) A manufacturer of dangerous drugs may donate epinephrine	19322
autoinjectors to any of the following:	19323

(a) The board of education of a city, local, exempted	19324
village, or joint vocational school district;	19325

(b) A community school established under Chapter 3314. of the	19326
Revised Code;	19327

(c) A STEM school established under Chapter 3326. of the	19328
Revised Code;	19329

(d) A college-preparatory boarding school established under	19330
Chapter 3328. of the Revised Code;	19331

(e) A chartered or nonchartered nonpublic school.

19332

(B)(1) No registered wholesale distributor of dangerous drugs	19333
shall possess for sale, or sell, at wholesale, dangerous drugs to	19334
any person other than the following:	19335

(a) Except as provided in division (B)(2)(a) of this section,	19336
a licensed health professional authorized to prescribe drugs;	19337

(b) An optometrist licensed under Chapter 4725. of the	19338
Revised Code who holds a topical ocular pharmaceutical agents	19339
certificate;	19340

19341

(d) A manufacturer of dangerous drugs;

19342

(e) Subject to division (B)(3) of this section, a licensed	19343
terminal distributor of dangerous drugs;	19344

(f) Carriers or warehouses for the purpose of carriage or	19345
storage;	19346

(g) Terminal or wholesale distributors of dangerous drugs who	19347
are not engaged in the sale of dangerous drugs within this state;	19348

(h) An individual who holds a current license, certificate,	19349
or registration issued under Title XLVII of the Revised Code and	19350
has been certified to conduct diabetes education by a national	19351
certifying body specified in rules adopted by the state board of	19352
pharmacy under section 4729.68 of the Revised Code, but only with	19353
respect to insulin that will be used for the purpose of diabetes	19354
education and only if diabetes education is within the	19355
individual's scope of practice under statutes and rules regulating	19356
the individual's profession;	19357

(i) An individual who holds a valid certificate issued by a	19358
nationally recognized S.C.U.B.A. diving certifying organization	19359
approved by the state board of pharmacy in rule, but only with	19360
respect to medical oxygen that will be used for the purpose of	19361
emergency care or treatment at the scene of a diving emergency;	19362

(j) Except as provided in division (B)(2)(b) of this section,	19363
a business entity that is a corporation formed under division (B)	19364
of section 1701.03 of the Revised Code, a limited liability	19365
company formed under Chapter 1705. of the Revised Code, or a	19366
professional association formed under Chapter 1785. of the Revised	19367
Code if the entity has a sole shareholder who is a licensed health	19368
professional authorized to prescribe drugs and is authorized to	19369
provide the professional services being offered by the entity;	19370

(k) Except as provided in division (B)(2)(c) of this section,	19371
a business entity that is a corporation formed under division (B)	19372
of section 1701.03 of the Revised Code, a limited liability	19373
company formed under Chapter 1705. of the Revised Code, a	19374
partnership or a limited liability partnership formed under	19375
Chapter 1775. of the Revised Code, or a professional association	19376
formed under Chapter 1785. of the Revised Code, if, to be a	19377
shareholder, member, or partner, an individual is required to be	19378
licensed, certified, or otherwise legally authorized under Title	19379
XLVII of the Revised Code to perform the professional service	19380
provided by the entity and each such individual is a licensed	19381
health professional authorized to prescribe drugs;	19382

(l) With respect to epinephrine autoinjectors that may be	19383
possessed under section 3313.7110, 3313.7111, 3314.143, 3326.28,	19384
or 3328.29 of the Revised Code, any of the following: the board of	19385
education of a city, local, exempted village, or joint vocational	19386
school district; a chartered or nonchartered nonpublic school; a	19387
community school established under Chapter 3314. of the Revised	19388
Code; a STEM school established under Chapter 3326. of the Revised	19389
Code; or a college-preparatory boarding school established under	19390
Chapter 3328. of the Revised Code;	19391

(m) With respect to epinephrine autoinjectors that may be	19392
possessed under section 5101.76 of the Revised Code, any of the	19393
following: a residential camp, as defined in section 2151.011 of	19394
the Revised Code; a child day camp, as defined in section 5104.01	19395
of the Revised Code; or a child day camp operated by any county,	19396
township, municipal corporation, township park district created	19397
under section 511.18 of the Revised Code, park district created	19398
under section 1545.04 of the Revised Code, or joint recreation	19399
district established under section 755.14 of the Revised Code;	19400

(n) With respect to naloxone that may be possessed under	19401
section 2925.61 of the Revised Code, a law enforcement agency and	19402
its peace officers.	19403

(2) No registered wholesale distributor of dangerous drugs	19404
shall possess for sale, or sell, at wholesale, dangerous drugs to	19405
any of the following:	19406

(a) A prescriber who is employed by a pain management clinic	19407
that is not licensed as a terminal distributor of dangerous drugs	19408
with a pain management clinic classification issued under section	19409
4729.552 of the Revised Code;	19410

(b) A business entity described in division (B)(1)(j) of this	19411
section that is, or is operating, a pain management clinic without	19412
a license as a terminal distributor of dangerous drugs with a pain	19413
management clinic classification issued under section 4729.552 of	19414
the Revised Code;	19415

(c) A business entity described in division (B)(1)(k) of this	19416
section that is, or is operating, a pain management clinic without	19417
a license as a terminal distributor of dangerous drugs with a pain	19418
management clinic classification issued under section 4729.552 of	19419
the Revised Code.	19420

(3) No registered wholesale distributor of dangerous drugs	19421
shall possess dangerous drugs for sale at wholesale, or sell such	19422
drugs at wholesale, to a licensed terminal distributor of	19423
dangerous drugs, except as follows:	19424

(a) In the case of a terminal distributor with a category I	19425
license, only dangerous drugs described in category I, as defined	19426
in division (A)(1) of section 4729.54 of the Revised Code;	19427

(b) In the case of a terminal distributor with a category II	19428
license, only dangerous drugs described in category I and category	19429
II, as defined in divisions (A)(1) and (2) of section 4729.54 of	19430
the Revised Code;	19431

(c) In the case of a terminal distributor with a category III	19432
license, dangerous drugs described in category I, category II, and	19433
category III, as defined in divisions (A)(1), (2), and (3) of	19434
section 4729.54 of the Revised Code;	19435

(d) In the case of a terminal distributor with a limited	19436
category I, II, or III license, only the dangerous drugs specified	19437
in the certificate furnished by the terminal distributor in	19438
accordance with section 4729.60 of the Revised Code.	19439

(C)(1) Except as provided in division (C)(4) of this section,	19440
no person shall sell, at retail, dangerous drugs.	19441

(2) Except as provided in division (C)(4) of this section, no	19442
person shall possess for sale, at retail, dangerous drugs.	19443

(3) Except as provided in division (C)(4) of this section, no	19444
person shall possess dangerous drugs.	19445

(4) Divisions (C)(1), (2), and (3) of this section do not	19446
apply to a registered wholesale distributor of dangerous drugs, a	19447
licensed terminal distributor of dangerous drugs, or a person who	19448
possesses, or possesses for sale or sells, at retail, a dangerous	19449
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	19450
4729., 4730., 4731., and 4741. of the Revised Code.	19451

Divisions (C)(1), (2), and (3) of this section do not apply	19452
to an individual who holds a current license, certificate, or	19453
registration issued under Title XLVII of the Revised Code and has	19454
been certified to conduct diabetes education by a national	19455
certifying body specified in rules adopted by the state board of	19456
pharmacy under section 4729.68 of the Revised Code, but only to	19457
the extent that the individual possesses insulin or personally	19458
supplies insulin solely for the purpose of diabetes education and	19459
only if diabetes education is within the individual's scope of	19460
practice under statutes and rules regulating the individual's	19461
profession.	19462

Divisions (C)(1), (2), and (3) of this section do not apply	19463
to an individual who holds a valid certificate issued by a	19464
nationally recognized S.C.U.B.A. diving certifying organization	19465
approved by the state board of pharmacy in rule, but only to the	19466
extent that the individual possesses medical oxygen or personally	19467
supplies medical oxygen for the purpose of emergency care or	19468
treatment at the scene of a diving emergency.	19469

Division (C)(3) of this section does not apply to the board	19470
of education of a city, local, exempted village, or joint	19471
vocational school district, a school building operated by a school	19472
district board of education, a chartered or nonchartered nonpublic	19473
school, a community school, a STEM school, or a	19474
college-preparatory boarding school for the purpose of possessing	19475
epinephrine autoinjectors under section 3313.7110, 3313.7111,	19476
3314.143, 3326.28, or 3328.29 of the Revised Code.	19477

Division (C)(3) of this section does not apply to a	19478
residential camp, as defined in section 2151.011 of the Revised	19479
Code, a child day camp, as defined in section 5104.01 of the	19480
Revised Code, or a child day camp operated by any county,	19481
township, municipal corporation, township park district created	19482
under section 511.18 of the Revised Code, park district created	19483
under section 1545.04 of the Revised Code, or joint recreation	19484
district established under section 755.14 of the Revised Code for	19485
the purpose of possessing epinephrine autoinjectors under section	19486
5101.76 of the Revised Code.	19487

Division (C)(3) of this section does not apply to a law	19488
enforcement agency or the agency's peace officers if the agency or	19489
officers possess naloxone for administration to individuals who	19490
are apparently experiencing opioid-related overdoses.	19491

(D) No licensed terminal distributor of dangerous drugs shall	19492
purchase for the purpose of resale dangerous drugs from any person	19493
other than a registered wholesale distributor of dangerous drugs,	19494
except as follows:	19495

(1) A licensed terminal distributor of dangerous drugs may	19496
make occasional purchases of dangerous drugs for resale from a	19497
pharmacist who is a licensed terminal distributor of dangerous	19498
drugs or who is employed by a licensed terminal distributor of	19499
dangerous drugs;	19500

(2) A licensed terminal distributor of dangerous drugs having	19501
more than one establishment or place may transfer or receive	19502
dangerous drugs from one establishment or place for which a	19503
license has been issued to the terminal distributor to another	19504
establishment or place for which a license has been issued to the	19505
terminal distributor if the license issued for each establishment	19506
or place is in effect at the time of the transfer or receipt.	19507

(E) No licensed terminal distributor of dangerous drugs shall	19508
engage in the sale or other distribution of dangerous drugs at	19509
retail or maintain possession, custody, or control of dangerous	19510
drugs for any purpose other than the distributor's personal use or	19511
consumption, at any establishment or place other than that or	19512
those described in the license issued by the state board of	19513
pharmacy to such terminal distributor.	19514

(F) Nothing in this section shall be construed to interfere	19515
with the performance of official duties by any law enforcement	19516
official authorized by municipal, county, state, or federal law to	19517
collect samples of any drug, regardless of its nature or in whose	19518
possession it may be.	19519

(G) Notwithstanding anything to the contrary in this section,	19520
the board of education of a city, local, exempted village, or	19521
joint vocational school district may deliver epinephrine	19522
autoinjectors to a school under its control for the purpose of	19523
possessing epinephrine autoinjectors under section 3313.7110 of	19524
the Revised Code.	19525

Sec. 4729.54. (A) As used in this section ~~and section~~	19526
~~4729.541 of the Revised Code~~:	19527

(1) "Category I" means single-dose injections of intravenous	19528
fluids, including saline, Ringer's lactate, five per cent dextrose	19529
and distilled water, and other intravenous fluids or parenteral	19530
solutions included in this category by rule of the state board of	19531
pharmacy, that have a volume of one hundred milliliters or more	19532
and that contain no added substances, or single-dose injections of	19533
epinephrine to be administered pursuant to sections 4765.38 and	19534
4765.39 of the Revised Code.	19535

(2) "Category II" means any dangerous drug that is not	19536
included in category I or III.	19537

(3) "Category III" means any controlled substance that is	19538
contained in schedule I, II, III, IV, or V.	19539

(4) "Emergency medical service organization" has the same	19540
meaning as in section 4765.01 of the Revised Code.	19541

(5) "Person" includes an emergency medical service	19542
organization.	19543

(6) "Schedule I, schedule II, schedule III, schedule IV, and	19544
schedule V" mean controlled substance schedules I, II, III, IV,	19545
and V, respectively, as established pursuant to section 3719.41 of	19546
the Revised Code and as amended.	19547

(B)(1) A person who desires to be licensed as a terminal	19548
distributor of dangerous drugs shall file with the executive	19549
director of the state board of pharmacy a verified application.	19550
After it is filed, the application may not be withdrawn without	19551
approval of the board.	19552

(2) An application shall contain all the following that apply	19553
in the applicant's case:	19554

(a) Information that the board requires relative to the	19555
qualifications of a terminal distributor of dangerous drugs set	19556
forth in section 4729.55 of the Revised Code;	19557

(b) A statement that the person wishes to be licensed as a	19558
category I, category II, category III, limited category I, limited	19559
category II, or limited category III terminal distributor of	19560
dangerous drugs;	19561

(c) If the person wishes to be licensed as a limited category	19562
I, limited category II, or limited category III terminal	19563
distributor of dangerous drugs, a notarized list of the dangerous	19564
drugs that the person wishes to possess, have custody or control	19565
of, and distribute, which list shall also specify the purpose for	19566
which those drugs will be used and their source;	19567

(d) If the person is an emergency medical service	19568
organization, the information that is specified in division (C)(1)	19569
of this section;	19570

(e) Except for an emergency medical service organization, the	19571
identity of the one establishment or place at which the person	19572
intends to engage in the sale or other distribution of dangerous	19573
drugs at retail, and maintain possession, custody, or control of	19574
dangerous drugs for purposes other than the person's own use or	19575
consumption;	19576

(f) If the application pertains to a pain management clinic,	19577
information that demonstrates, to the satisfaction of the board,	19578
compliance with division (A) of section 4729.552 of the Revised	19579
Code.	19580

(C)(1) An emergency medical service organization that wishes	19581
to be licensed as a terminal distributor of dangerous drugs shall	19582
list in its application for licensure the following additional	19583
information:	19584

(a) The units under its control that the organization	19585
determines will possess dangerous drugs for the purpose of	19586
administering emergency medical services in accordance with	19587
Chapter 4765. of the Revised Code;	19588

(b) With respect to each such unit, whether the dangerous	19589
drugs that the organization determines the unit will possess are	19590
in category I, II, or III.	19591

(2) An emergency medical service organization that is	19592
licensed as a terminal distributor of dangerous drugs shall file a	19593
new application for such licensure if there is any change in the	19594
number, or location of, any of its units or any change in the	19595
category of the dangerous drugs that any unit will possess.	19596

(3) A unit listed in an application for licensure pursuant to	19597
division (C)(1) of this section may obtain the dangerous drugs it	19598
is authorized to possess from its emergency medical service	19599
organization or, on a replacement basis, from a hospital pharmacy.	19600
If units will obtain dangerous drugs from a hospital pharmacy, the	19601
organization shall file, and maintain in current form, the	19602
following items with the pharmacist who is responsible for the	19603
hospital's terminal distributor of dangerous drugs license:	19604

(a) A copy of its standing orders or protocol;

19605

(b) A list of the personnel employed or used by the	19606
organization to provide emergency medical services in accordance	19607
with Chapter 4765. of the Revised Code, who are authorized to	19608
possess the drugs, which list also shall indicate the personnel	19609
who are authorized to administer the drugs.	19610

(D) Each emergency medical service organization that applies	19611
for a terminal distributor of dangerous drugs license shall submit	19612
with its application the following:	19613

(1) A notarized copy of its standing orders or protocol,	19614
which orders or protocol shall be signed by a physician and	19615
specify the dangerous drugs that its units may carry, expressed in	19616
standard dose units;	19617

(2) A list of the personnel employed or used by the	19618
organization to provide emergency medical services in accordance	19619
with Chapter 4765. of the Revised Code.	19620

An emergency medical service organization that is licensed as	19621
a terminal distributor shall notify the board immediately of any	19622
changes in its standing orders or protocol.	19623

(E) There shall be six categories of terminal distributor of	19624
dangerous drugs licenses, which categories shall be as follows:	19625

(1) Category I license. A person who obtains this license may	19626
possess, have custody or control of, and distribute only the	19627
dangerous drugs described in category I.	19628

(2) Limited category I license. A person who obtains this	19629
license may possess, have custody or control of, and distribute	19630
only the dangerous drugs described in category I that were listed	19631
in the application for licensure.	19632

(3) Category II license. A person who obtains this license	19633
may possess, have custody or control of, and distribute only the	19634
dangerous drugs described in category I and category II.	19635

(4) Limited category II license. A person who obtains this	19636
license may possess, have custody or control of, and distribute	19637
only the dangerous drugs described in category I or category II	19638
that were listed in the application for licensure.	19639

(5) Category III license, which may include a pain management	19640
clinic classification issued under section 4729.552 of the Revised	19641
Code. A person who obtains this license may possess, have custody	19642
or control of, and distribute the dangerous drugs described in	19643
category I, category II, and category III. If the license includes	19644
a pain management clinic classification, the person may operate a	19645
pain management clinic.	19646

(6) Limited category III license. A person who obtains this	19647
license may possess, have custody or control of, and distribute	19648
only the dangerous drugs described in category I, category II, or	19649
category III that were listed in the application for licensure.	19650

(F) Except for an application made on behalf of an animal	19651
shelter, if an applicant for licensure as a limited category I,	19652
II, or III terminal distributor of dangerous drugs intends to	19653
administer dangerous drugs to a person or animal, the applicant	19654
shall submit, with the application, a notarized copy of its	19655
protocol or standing orders, which protocol or orders shall be	19656
signed by a licensed health professional authorized to prescribe	19657
drugs, specify the dangerous drugs to be administered, and list	19658
personnel who are authorized to administer the dangerous drugs in	19659
accordance with federal law or the law of this state. An	19660
application made on behalf of an animal shelter shall include a	19661
notarized list of the dangerous drugs to be administered to	19662
animals and the personnel who are authorized to administer the	19663
drugs to animals in accordance with section 4729.532 of the	19664
Revised Code. After obtaining a terminal distributor license, a	19665
licensee shall notify the board immediately of any changes in its	19666
protocol or standing orders, or in such personnel.	19667

(G)(1) Except as provided in division (G)(2) of this section,	19668
each applicant for licensure as a terminal distributor of	19669
dangerous drugs shall submit, with the application, a license fee	19670
determined as follows:	19671

(a) For a category I or limited category I license,	19672
forty-five dollars;	19673

(b) For a category II or limited category II license, one	19674
hundred twelve dollars and fifty cents;	19675

(c) For a category III license, including a license with a	19676
pain management clinic classification issued under section	19677
4729.552 of the Revised Code, or a limited category III license,	19678
one hundred fifty dollars.	19679

(2) For a professional association, corporation, partnership,	19680
or limited liability company organized for the purpose of	19681
practicing veterinary medicine, the fee shall be forty dollars.	19682

(3) Fees assessed under divisions (G)(1) and (2) of this	19683
section shall not be returned if the applicant fails to qualify	19684
for registration.	19685

(H)(1) The board shall issue a terminal distributor of	19686
dangerous drugs license to each person who submits an application	19687
for such licensure in accordance with this section, pays the	19688
required license fee, is determined by the board to meet the	19689
requirements set forth in section 4729.55 of the Revised Code, and	19690
satisfies any other applicable requirements of this section.	19691

(2) The license of a person other than an emergency medical	19692
service organization shall describe the one establishment or place	19693
at which the licensee may engage in the sale or other distribution	19694
of dangerous drugs at retail and maintain possession, custody, or	19695
control of dangerous drugs for purposes other than the licensee's	19696
own use or consumption. The one establishment or place shall be	19697
that which is described in the application for licensure.	19698

No such license shall authorize or permit the terminal	19699
distributor of dangerous drugs named in it to engage in the sale	19700
or other distribution of dangerous drugs at retail or to maintain	19701
possession, custody, or control of dangerous drugs for any purpose	19702
other than the distributor's own use or consumption, at any	19703
establishment or place other than that described in the license,	19704
except that an agent or employee of an animal shelter may possess	19705
and use dangerous drugs in the course of business as provided in	19706
division (D) of section 4729.532 of the Revised Code.	19707

(3) The license of an emergency medical service organization	19708
shall cover and describe all the units of the organization listed	19709
in its application for licensure.	19710

(4) The license of every terminal distributor of dangerous	19711
drugs shall indicate, on its face, the category of licensure. If	19712
the license is a limited category I, II, or III license, it shall	19713
specify, and shall authorize the licensee to possess, have custody	19714
or control of, and distribute only, the dangerous drugs that were	19715
listed in the application for licensure.	19716

(I) All licenses issued pursuant to this section shall be	19717
effective for a period of twelve months from the first day of	19718
~~January~~April of each year. A license shall be renewed by the	19719
board for a like period, annually, according to the provisions of	19720
this section, and the standard renewal procedure of Chapter 4745.	19721
of the Revised Code. A person who desires to renew a license shall	19722
submit an application for renewal and pay the required fee on or	19723
before the thirty-first day of ~~December~~March each year. The fee	19724
required for the renewal of a license shall be the same as the fee	19725
paid for the license being renewed, and shall accompany the	19726
application for renewal.	19727

A license that has not been renewed during ~~December~~March in	19728
any year and by the first day of ~~February~~May of the ~~following~~	19729
same year may be reinstated only upon payment of the required	19730
renewal fee and a penalty fee of fifty-five dollars.	19731

(J)(1) No emergency medical service organization that is	19732
licensed as a terminal distributor of dangerous drugs shall fail	19733
to comply with division (C)(2) or (3) of this section.	19734

(2) No emergency medical service organization that is	19735
licensed as a terminal distributor of dangerous drugs shall fail	19736
to comply with division (D) of this section.	19737

(3) No licensed terminal distributor of dangerous drugs shall	19738
possess, have custody or control of, or distribute dangerous drugs	19739
that the terminal distributor is not entitled to possess, have	19740
custody or control of, or distribute by virtue of its category of	19741
licensure.	19742

(4) No licensee that is required by division (F) of this	19743
section to notify the board of changes in its protocol or standing	19744
orders, or in personnel, shall fail to comply with that division.	19745

Sec. 4729.541. (A) Except as provided in ~~division~~divisions	19746
(B) and (C) of this section, a business entity described in	19747
division (B)(1)(j) or (k) of section 4729.51 of the Revised Code	19748
may possess, have custody or control of, and distribute the	19749
dangerous drugs in category I, category II, and category III of,	19750
as defined in section 4729.54 of the Revised Code, without holding	19751
a terminal distributor of dangerous drugs license issued under	19752
that section.	19753

(B) If a business entity described in division (B)(1)(j) or	19754
(k) of section 4729.51 of the Revised Code is a pain management	19755
clinic or is operating a pain management clinic, the entity shall	19756
hold a license as a terminal distributor of dangerous drugs with a	19757
pain management clinic classification issued under section	19758
4729.552 of the Revised Code.	19759

(C) Beginning April 1, 2015, a business entity described in	19760
division (B)(1)(j) or (k) of section 4729.51 of the Revised Code	19761
shall hold a license as a terminal distributor of dangerous drugs	19762
in order to possess, have custody or control of, and distribute	19763
dangerous drugs that are compounded or used for the purpose of	19764
compounding.	19765

Sec. 4729.65. (A) Except as provided in division (B) of this	19766
section, all receipts of the state board of pharmacy, from any	19767
source, shall be deposited into the state treasury to the credit	19768
of the occupational licensing and regulatory fund. All vouchers of	19769
the board shall be approved by the president or executive director	19770
of the board, or both, as authorized by the board. All initial	19771
issuance fees and renewal fees required by sections 4729.01 to	19772
4729.54 of the Revised Code shall be payable by the applicant at	19773
the time of making application.	19774

(B)(1) There is hereby created in the state treasury the	19775
board of pharmacy drug law enforcement fund. All moneys that are	19776
derived from any fines, mandatory fines, or forfeited bail to	19777
which the board may be entitled under Chapter 2925., division (C)	19778
of section 2923.42, or division (B) of section 2925.42 of the	19779
Revised Code and all moneys that are derived from forfeitures of	19780
property to which the board may be entitled pursuant to Chapter	19781
2925. or 2981. of the Revised Code, any other provision of the	19782
Revised Code, or federal law shall be deposited into the fund.	19783
Subject to division (B)(2) of this section, division (B) of	19784
section 2923.44, and divisions (B), (C), and (D) of section	19785
2981.13 of the Revised Code, the moneys in the fund shall be used	19786
solely to subsidize the drug law enforcement efforts of the board.	19787

(2) Notwithstanding any contrary provision in the Revised	19788
Code, moneys that are derived from forfeitures of property	19789
pursuant to federal law and that are deposited into the board of	19790
pharmacy drug law enforcement fund in accordance with division	19791
(B)(1) of this section shall be used and accounted for in	19792
accordance with the applicable federal law, and the board	19793
otherwise shall comply with that law in connection with the	19794
moneys.	19795

(C) All fines and forfeited bonds assessed and collected	19796
under prosecution or prosecution commenced in the enforcement of	19797
this chapter shall be paid to the executive director of the board	19798
within thirty days and by the executive director paid into the	19799
state treasury to the credit of the occupational licensing and	19800
regulatory fund. ~~The~~	19801

(D)(1) Except as provided in divisions (D)(2) and (3) of this	19802
section, the board, subject to the approval of the controlling	19803
board ~~and except for fees required to be established by the board~~	19804
~~at amounts "adequate" to cover designated expenses~~, may establish	19805
fees in excess of the amounts provided by this chapter, provided	19806
that such fees do not exceed the amounts permitted by this chapter	19807
by more than fifty per cent.	19808

(2) Division (D)(1) of this section does not apply to fees	19809
required by this chapter to be established at amounts adequate to	19810
cover designated expenses.	19811

(3) Fees established under division (D)(1) of this section or	19812
described in division (D)(2) of this section are subject to the	19813
limitation on fee increases specified in division (A) of section	19814
4729.83 of the Revised Code.	19815

Sec. 4729.80. (A) If the state board of pharmacy establishes	19816
and maintains a drug database pursuant to section 4729.75 of the	19817
Revised Code, the board is authorized or required to provide	19818
information from the database in accordance with the following:	19819

(1) On receipt of a request from a designated representative	19820
of a government entity responsible for the licensure, regulation,	19821
or discipline of health care professionals with authority to	19822
prescribe, administer, or dispense drugs, the board may provide to	19823
the representative information from the database relating to the	19824
professional who is the subject of an active investigation being	19825
conducted by the government entity.	19826

(2) On receipt of a request from a federal officer, or a	19827
state or local officer of this or any other state, whose duties	19828
include enforcing laws relating to drugs, the board shall provide	19829
to the officer information from the database relating to the	19830
person who is the subject of an active investigation of a drug	19831
abuse offense, as defined in section 2925.01 of the Revised Code,	19832
being conducted by the officer's employing government entity.	19833

(3) Pursuant to a subpoena issued by a grand jury, the board	19834
shall provide to the grand jury information from the database	19835
relating to the person who is the subject of an investigation	19836
being conducted by the grand jury.	19837

(4) Pursuant to a subpoena, search warrant, or court order in	19838
connection with the investigation or prosecution of a possible or	19839
alleged criminal offense, the board shall provide information from	19840
the database as necessary to comply with the subpoena, search	19841
warrant, or court order.	19842

(5) On receipt of a request from a prescriber or the	19843
prescriber's delegate approved by the board, the board ~~may~~shall	19844
provide to the prescriber a report of information from the	19845
database relating to a patient who is either ~~of the following~~a	19846
current patient of the prescriber or a potential patient of the	19847
prescriber based on a referral of the patient to the prescriber,	19848
if ~~the prescriber certifies in a form specified by the board that~~	19849
~~it is for the purpose of providing medical treatment to the~~	19850
~~patient who is the subject of the request~~all of the following	19851
conditions are met:	19852

(a) ~~A current patient of the prescriber~~The prescriber	19853
certifies in a form specified by the board that it is for the	19854
purpose of providing medical treatment to the patient who is the	19855
subject of the request;	19856

(b) ~~A potential patient of the prescriber based on a referral~~	19857
~~of the patient to the prescriber~~The prescriber has not been	19858
denied access to the database by the board.	19859

(6) On receipt of a request from a pharmacist or the	19860
pharmacist's delegate approved by the board, the board ~~may~~shall	19861
provide to the pharmacist information from the database relating	19862
to a current patient of the pharmacist, if the pharmacist	19863
certifies in a form specified by the board that it is for the	19864
purpose of the pharmacist's practice of pharmacy involving the	19865
patient who is the subject of the request and the pharmacist has	19866
not been denied access to the database by the board.	19867

(7) On receipt of a request from an individual seeking the	19868
individual's own database information in accordance with the	19869
procedure established in rules adopted under section 4729.84 of	19870
the Revised Code, the board may provide to the individual the	19871
individual's own database information.	19872

(8) On receipt of a request from the medical director of a	19873
managed care organization that has entered into a contract with	19874
the department of medicaid under section 5167.10 of the Revised	19875
Code and a data security agreement with the board required by	19876
section 5167.14 of the Revised Code, the board shall provide to	19877
the medical director information from the database relating to a	19878
medicaid recipient enrolled in the managed care organization,	19879
including information in the database related to prescriptions for	19880
the recipient that were not covered or reimbursed under a program	19881
administered by the department of medicaid.	19882

(9) On receipt of a request from the medicaid director, the	19883
board shall provide to the director information from the database	19884
relating to a recipient of a program administered by the	19885
department of medicaid, including information in the database	19886
related to prescriptions for the recipient that were not covered	19887
or paid by a program administered by the department.	19888

(10) On receipt of a request from the medical director of a	19889
managed care organization that has entered into a contract with	19890
the administrator of workers' compensation under division (B)(4)	19891
of section 4121.44 of the Revised Code and a data security	19892
agreement with the board required by section 4121.443 of the	19893
Revised Code, the board shall provide to the medical director	19894
information from the database relating to a claimant under Chapter	19895
4121., 4123., 4127., or 4131. of the Revised Code assigned to the	19896
managed care organization, including information in the database	19897
related to prescriptions for the claimant that were not covered or	19898
reimbursed under Chapter 4121., 4123., 4127., or 4131. of the	19899
Revised Code, if the administrator of workers' compensation	19900
confirms, upon request from the board, that the claimant is	19901
assigned to the managed care organization.	19902

(11) On receipt of a request from the administrator of	19903
workers' compensation, the board ~~may~~shall provide to the	19904
administrator information from the database relating to a claimant	19905
under Chapter 4121., 4123., 4127., or 4131. of the Revised Code,	19906
including information in the database related to prescriptions for	19907
the claimant that were not covered or reimbursed under Chapter	19908
4121., 4123., 4127., or 4131. of the Revised Code.	19909

~~(11)~~(12) On receipt of a request from a prescriber or the	19910
prescriber's delegate approved by the board, the board shall	19911
provide to the prescriber information from the database relating	19912
to a patient's mother, if the prescriber certifies in a form	19913
specified by the board that it is for the purpose of providing	19914
medical treatment to a newborn or infant patient diagnosed as	19915
opioid dependent and the prescriber has not been denied access to	19916
the database by the board.	19917

(13) On receipt of a request from a requestor described in	19918
division (A)(1), (2), (5), or (6) of this section who is from or	19919
participating with another state's prescription monitoring	19920
program, the board may provide to the requestor information from	19921
the database, but only if there is a written agreement under which	19922
the information is to be used and disseminated according to the	19923
laws of this state.	19924

(B) The state board of pharmacy shall maintain a record of	19925
each individual or entity that requests information from the	19926
database pursuant to this section. In accordance with rules	19927
adopted under section 4729.84 of the Revised Code, the board may	19928
use the records to document and report statistics and law	19929
enforcement outcomes.	19930

The board may provide records of an individual's requests for	19931
database information to the following:	19932

(1) A designated representative of a government entity that	19933
is responsible for the licensure, regulation, or discipline of	19934
health care professionals with authority to prescribe, administer,	19935
or dispense drugs who is involved in an active investigation being	19936
conducted by the government entity of the individual who submitted	19937
the requests for database information;	19938

(2) A federal officer, or a state or local officer of this or	19939
any other state, whose duties include enforcing laws relating to	19940
drugs and who is involved in an active investigation being	19941
conducted by the officer's employing government entity of the	19942
individual who submitted the requests for database information.	19943

(C) Information contained in the database and any information	19944
obtained from it is not a public record. Information contained in	19945
the records of requests for information from the database is not a	19946
public record. Information that does not identify a person may be	19947
released in summary, statistical, or aggregate form.	19948

(D) A pharmacist or prescriber shall not be held liable in	19949
damages to any person in any civil action for injury, death, or	19950
loss to person or property on the basis that the pharmacist or	19951
prescriber did or did not seek or obtain information from the	19952
database.	19953

Sec. 4729.83. (A) If the state board of pharmacy establishes	19954
and maintains a drug database pursuant to section 4729.75 of the	19955
Revised Code, the board may use, for the purpose of establishing	19956
or maintaining the database, any portion of the fees collected	19957
under section 4729.15, 4729.52, or 4729.54 of the Revised Code for	19958
the licensing or registration of pharmacists, pharmacy interns,	19959
wholesale distributors of dangerous drugs, or terminal	19960
distributors of dangerous drugs. The board shall not increase the	19961
amount of any of those fees solely for the purpose of establishing	19962
or maintaining the database.	19963

The board shall not impose any charge on a ~~terminal~~	19964
~~distributor of dangerous drugs, pharmacist, or~~ prescriber for the	19965
establishment or maintenance of the database. The board shall not	19966
charge any fees for the transmission of data to the database or	19967
for the receipt of information from the database, except that the	19968
board may charge a fee in accordance with rules adopted under	19969
section 4729.84 of the Revised Code to an individual who requests	19970
the individual's own database information under section 4729.80	19971
of the Revised Code.	19972

(B) The board may accept grants, gifts, or donations for	19973
purposes of the drug database. Any money received shall be	19974
deposited into the state treasury to the credit of the drug	19975
database fund, which is hereby created. Money in the fund shall be	19976
used solely for purposes of the drug database.	19977

Sec. 4729.86. If the state board of pharmacy establishes and	19978
maintains a drug database pursuant to section 4729.75 of the	19979
Revised Code, all of the following apply:	19980

(A)(1) No person identified in divisions (A)(1) to ~~(10)~~(12)	19981
or (B) of section 4729.80 of the Revised Code shall disseminate	19982
any written or electronic information the person receives from the	19983
drug database or otherwise provide another person access to the	19984
information that the person receives from the database, except as	19985
follows:	19986

(a) When necessary in the investigation or prosecution of a	19987
possible or alleged criminal offense;	19988

(b) When a person provides the information to the prescriber	19989
or pharmacist for whom the person is approved by the board to	19990
serve as a delegate of the prescriber or pharmacist for purposes	19991
of requesting and receiving information from the drug database	19992
under division (A)(5) or (6) of section 4729.80 of the Revised	19993
Code;	19994

(c) When a prescriber or pharmacist provides the information	19995
to a person who is approved by the board to serve as such a	19996
delegate of the prescriber or pharmacist.	19997

(2) No person shall provide false information to the state	19998
board of pharmacy with the intent to obtain or alter information	19999
contained in the drug database.	20000

(3) No person shall obtain drug database information by any	20001
means except as provided under section 4729.80 or 4729.81 of the	20002
Revised Code.	20003

(B) A person shall not use information obtained pursuant to	20004
division (A) of section 4729.80 of the Revised Code as evidence in	20005
any civil or administrative proceeding.	20006

(C)(1) ~~The~~Except as provided in division (C)(2) of this	20007
section, after providing notice and affording an opportunity for a	20008
hearing in accordance with Chapter 119. of the Revised Code, the	20009
board may restrict a person from obtaining further information	20010
from the drug database if any of the following is the case:	20011

(a) The person violates division (A)(1), (2), or (3) of this	20012
section;	20013

(b) The person is a requestor identified in division	20014
(A)~~(11)~~(13) of section 4729.80 of the Revised Code and the board	20015
determines that the person's actions in another state would have	20016
constituted a violation of division (A)(1), (2), or (3) of this	20017
section;	20018

(c) The person fails to comply with division (B) of this	20019
section, regardless of the jurisdiction in which the failure to	20020
comply occurred;	20021

(d) The person creates, by clear and convincing evidence, a	20022
threat to the security of information contained in the database.	20023

(2) If the board determines that allegations regarding a	20024
person's actions warrant restricting the person from obtaining	20025
further information from the drug database without a prior	20026
hearing, the board may summarily impose the restriction. A	20027
telephone conference call may be used for reviewing the	20028
allegations and taking a vote on the summary restriction. The	20029
summary restriction shall remain in effect, unless removed by the	20030
board, until the board's final adjudication order becomes	20031
effective.	20032

(3) The board shall determine the extent to which the person	20033
is restricted from obtaining further information from the	20034
database.	20035

Sec. 4729.861. If the state board of pharmacy establishes	20036
and maintains a drug database pursuant to section 4729.75 of the	20037
Revised Code and if the board restricts a prescriber from	20038
obtaining further information from the database pursuant to	20039
division (C) of section 4729.86 of the Revised Code, the board	20040
shall notify the government entity responsible for licensing the	20041
prescriber.	20042

Sec. 4730.093. When a physician assistant orders a test for	20043
the presence of Lyme disease in a patient, the physician assistant	20044
or physician assistant's delegate shall provide to the patient or	20045
patient's representative a written notice with the following	20046
information:	20047

"Your health care provider has ordered a test for the	20048
presence of Lyme disease. Current testing for Lyme disease can be	20049
problematic and may lead to false results. If you are tested for	20050
Lyme disease and the results are positive, this does not	20051
necessarily mean that you have contracted Lyme disease. In the	20052
alternative, if the results are negative, this does not	20053
necessarily mean that you have not contracted Lyme disease. If you	20054
continue to experience symptoms or have other health concerns, you	20055
should contact your health care provider and inquire about the	20056
appropriateness of additional testing or treatment."	20057

The physician assistant or physician assistant's delegate	20058
shall obtain a signature from the patient or patient's	20059
representative indicating receipt of the notice. The document	20060
containing the signature shall be kept in the patient's record.	20061

Sec. 4730.25. (A) The state medical board, by an affirmative	20062
vote of not fewer than six members, may revoke or may refuse to	20063
grant a certificate to practice as a physician assistant or a	20064
certificate to prescribe to a person found by the board to have	20065
committed fraud, misrepresentation, or deception in applying for	20066
or securing the certificate.	20067

(B) The board, by an affirmative vote of not fewer than six	20068
members, shall, to the extent permitted by law, limit, revoke, or	20069
suspend an individual's certificate to practice as a physician	20070
assistant or certificate to prescribe, refuse to issue a	20071
certificate to an applicant, refuse to reinstate a certificate, or	20072
reprimand or place on probation the holder of a certificate for	20073
any of the following reasons:	20074

(1) Failure to practice in accordance with the conditions	20075
under which the supervising physician's supervision agreement with	20076
the physician assistant was approved, including the requirement	20077
that when practicing under a particular supervising physician, the	20078
physician assistant must practice only according to the physician	20079
supervisory plan the board approved for that physician or the	20080
policies of the health care facility in which the supervising	20081
physician and physician assistant are practicing;	20082

(2) Failure to comply with the requirements of this chapter,	20083
Chapter 4731. of the Revised Code, or any rules adopted by the	20084
board;	20085

(3) Violating or attempting to violate, directly or	20086
indirectly, or assisting in or abetting the violation of, or	20087
conspiring to violate, any provision of this chapter, Chapter	20088
4731. of the Revised Code, or the rules adopted by the board;	20089

(4) Inability to practice according to acceptable and	20090
prevailing standards of care by reason of mental illness or	20091
physical illness, including physical deterioration that adversely	20092
affects cognitive, motor, or perceptive skills;	20093

(5) Impairment of ability to practice according to acceptable	20094
and prevailing standards of care because of habitual or excessive	20095
use or abuse of drugs, alcohol, or other substances that impair	20096
ability to practice;	20097

(6) Administering drugs for purposes other than those	20098
authorized under this chapter;	20099

(7) Willfully betraying a professional confidence;

20100

(8) Making a false, fraudulent, deceptive, or misleading	20101
statement in soliciting or advertising for employment as a	20102
physician assistant; in connection with any solicitation or	20103
advertisement for patients; in relation to the practice of	20104
medicine as it pertains to physician assistants; or in securing or	20105
attempting to secure a certificate to practice as a physician	20106
assistant, a certificate to prescribe, or approval of a	20107
supervision agreement.	20108

As used in this division, "false, fraudulent, deceptive, or	20109
misleading statement" means a statement that includes a	20110
misrepresentation of fact, is likely to mislead or deceive because	20111
of a failure to disclose material facts, is intended or is likely	20112
to create false or unjustified expectations of favorable results,	20113
or includes representations or implications that in reasonable	20114
probability will cause an ordinarily prudent person to	20115
misunderstand or be deceived.	20116

(9) Representing, with the purpose of obtaining compensation	20117
or other advantage personally or for any other person, that an	20118
incurable disease or injury, or other incurable condition, can be	20119
permanently cured;	20120

(10) The obtaining of, or attempting to obtain, money or	20121
anything of value by fraudulent misrepresentations in the course	20122
of practice;	20123

(11) A plea of guilty to, a judicial finding of guilt of, or	20124
a judicial finding of eligibility for intervention in lieu of	20125
conviction for, a felony;	20126

(12) Commission of an act that constitutes a felony in this	20127
state, regardless of the jurisdiction in which the act was	20128
committed;	20129

(13) A plea of guilty to, a judicial finding of guilt of, or	20130
a judicial finding of eligibility for intervention in lieu of	20131
conviction for, a misdemeanor committed in the course of practice;	20132

(14) A plea of guilty to, a judicial finding of guilt of, or	20133
a judicial finding of eligibility for intervention in lieu of	20134
conviction for, a misdemeanor involving moral turpitude;	20135

(15) Commission of an act in the course of practice that	20136
constitutes a misdemeanor in this state, regardless of the	20137
jurisdiction in which the act was committed;	20138

(16) Commission of an act involving moral turpitude that	20139
constitutes a misdemeanor in this state, regardless of the	20140
jurisdiction in which the act was committed;	20141

(17) A plea of guilty to, a judicial finding of guilt of, or	20142
a judicial finding of eligibility for intervention in lieu of	20143
conviction for violating any state or federal law regulating the	20144
possession, distribution, or use of any drug, including	20145
trafficking in drugs;	20146

(18) Any of the following actions taken by the state agency	20147
responsible for regulating the practice of physician assistants in	20148
another state, for any reason other than the nonpayment of fees:	20149
the limitation, revocation, or suspension of an individual's	20150
license to practice; acceptance of an individual's license	20151
surrender; denial of a license; refusal to renew or reinstate a	20152
license; imposition of probation; or issuance of an order of	20153
censure or other reprimand;	20154

(19) A departure from, or failure to conform to, minimal	20155
standards of care of similar physician assistants under the same	20156
or similar circumstances, regardless of whether actual injury to a	20157
patient is established;	20158

(20) Violation of the conditions placed by the board on a	20159
certificate to practice as a physician assistant, a certificate to	20160
prescribe, a physician supervisory plan, or supervision agreement;	20161

(21) Failure to use universal blood and body fluid	20162
precautions established by rules adopted under section 4731.051 of	20163
the Revised Code;	20164

(22) Failure to cooperate in an investigation conducted by	20165
the board under section 4730.26 of the Revised Code, including	20166
failure to comply with a subpoena or order issued by the board or	20167
failure to answer truthfully a question presented by the board at	20168
a deposition or in written interrogatories, except that failure to	20169
cooperate with an investigation shall not constitute grounds for	20170
discipline under this section if a court of competent jurisdiction	20171
has issued an order that either quashes a subpoena or permits the	20172
individual to withhold the testimony or evidence in issue;	20173

(23) Assisting suicide as defined in section 3795.01 of the	20174
Revised Code;	20175

(24) Prescribing any drug or device to perform or induce an	20176
abortion, or otherwise performing or inducing an abortion;	20177

(25) Failure to comply with section 4730.53 of the Revised	20178
Code, unless the board no longer maintains a drug database	20179
pursuant to section 4729.75 of the Revised Code.	20180

(C) Disciplinary actions taken by the board under divisions	20181
(A) and (B) of this section shall be taken pursuant to an	20182
adjudication under Chapter 119. of the Revised Code, except that	20183
in lieu of an adjudication, the board may enter into a consent	20184
agreement with a physician assistant or applicant to resolve an	20185
allegation of a violation of this chapter or any rule adopted	20186
under it. A consent agreement, when ratified by an affirmative	20187
vote of not fewer than six members of the board, shall constitute	20188
the findings and order of the board with respect to the matter	20189
addressed in the agreement. If the board refuses to ratify a	20190
consent agreement, the admissions and findings contained in the	20191
consent agreement shall be of no force or effect.	20192

(D) For purposes of divisions (B)(12), (15), and (16) of this	20193
section, the commission of the act may be established by a finding	20194
by the board, pursuant to an adjudication under Chapter 119. of	20195
the Revised Code, that the applicant or certificate holder	20196
committed the act in question. The board shall have no	20197
jurisdiction under these divisions in cases where the trial court	20198
renders a final judgment in the certificate holder's favor and	20199
that judgment is based upon an adjudication on the merits. The	20200
board shall have jurisdiction under these divisions in cases where	20201
the trial court issues an order of dismissal upon technical or	20202
procedural grounds.	20203

(E) The sealing of conviction records by any court shall have	20204
no effect upon a prior board order entered under the provisions of	20205
this section or upon the board's jurisdiction to take action under	20206
the provisions of this section if, based upon a plea of guilty, a	20207
judicial finding of guilt, or a judicial finding of eligibility	20208
for intervention in lieu of conviction, the board issued a notice	20209
of opportunity for a hearing prior to the court's order to seal	20210
the records. The board shall not be required to seal, destroy,	20211
redact, or otherwise modify its records to reflect the court's	20212
sealing of conviction records.	20213

(F) For purposes of this division, any individual who holds a	20214
certificate issued under this chapter, or applies for a	20215
certificate issued under this chapter, shall be deemed to have	20216
given consent to submit to a mental or physical examination when	20217
directed to do so in writing by the board and to have waived all	20218
objections to the admissibility of testimony or examination	20219
reports that constitute a privileged communication.	20220

(1) In enforcing division (B)(4) of this section, the board,	20221
upon a showing of a possible violation, may compel any individual	20222
who holds a certificate issued under this chapter or who has	20223
applied for a certificate pursuant to this chapter to submit to a	20224
mental examination, physical examination, including an HIV test,	20225
or both a mental and physical examination. The expense of the	20226
examination is the responsibility of the individual compelled to	20227
be examined. Failure to submit to a mental or physical examination	20228
or consent to an HIV test ordered by the board constitutes an	20229
admission of the allegations against the individual unless the	20230
failure is due to circumstances beyond the individual's control,	20231
and a default and final order may be entered without the taking of	20232
testimony or presentation of evidence. If the board finds a	20233
physician assistant unable to practice because of the reasons set	20234
forth in division (B)(4) of this section, the board shall require	20235
the physician assistant to submit to care, counseling, or	20236
treatment by physicians approved or designated by the board, as a	20237
condition for an initial, continued, reinstated, or renewed	20238
certificate. An individual affected under this division shall be	20239
afforded an opportunity to demonstrate to the board the ability to	20240
resume practicing in compliance with acceptable and prevailing	20241
standards of care.	20242

(2) For purposes of division (B)(5) of this section, if the	20243
board has reason to believe that any individual who holds a	20244
certificate issued under this chapter or any applicant for a	20245
certificate suffers such impairment, the board may compel the	20246
individual to submit to a mental or physical examination, or both.	20247
The expense of the examination is the responsibility of the	20248
individual compelled to be examined. Any mental or physical	20249
examination required under this division shall be undertaken by a	20250
treatment provider or physician qualified to conduct such	20251
examination and chosen by the board.	20252

Failure to submit to a mental or physical examination ordered	20253
by the board constitutes an admission of the allegations against	20254
the individual unless the failure is due to circumstances beyond	20255
the individual's control, and a default and final order may be	20256
entered without the taking of testimony or presentation of	20257
evidence. If the board determines that the individual's ability to	20258
practice is impaired, the board shall suspend the individual's	20259
certificate or deny the individual's application and shall require	20260
the individual, as a condition for initial, continued, reinstated,	20261
or renewed certification to practice or prescribe, to submit to	20262
treatment.	20263

Before being eligible to apply for reinstatement of a	20264
certificate suspended under this division, the physician assistant	20265
shall demonstrate to the board the ability to resume practice or	20266
prescribing in compliance with acceptable and prevailing standards	20267
of care. The demonstration shall include the following:	20268

(a) Certification from a treatment provider approved under	20269
section 4731.25 of the Revised Code that the individual has	20270
successfully completed any required inpatient treatment;	20271

(b) Evidence of continuing full compliance with an aftercare	20272
contract or consent agreement;	20273

(c) Two written reports indicating that the individual's	20274
ability to practice has been assessed and that the individual has	20275
been found capable of practicing according to acceptable and	20276
prevailing standards of care. The reports shall be made by	20277
individuals or providers approved by the board for making such	20278
assessments and shall describe the basis for their determination.	20279

The board may reinstate a certificate suspended under this	20280
division after such demonstration and after the individual has	20281
entered into a written consent agreement.	20282

When the impaired physician assistant resumes practice or	20283
prescribing, the board shall require continued monitoring of the	20284
physician assistant. The monitoring shall include compliance with	20285
the written consent agreement entered into before reinstatement or	20286
with conditions imposed by board order after a hearing, and, upon	20287
termination of the consent agreement, submission to the board for	20288
at least two years of annual written progress reports made under	20289
penalty of falsification stating whether the physician assistant	20290
has maintained sobriety.	20291

(G) If the secretary and supervising member determine that	20292
there is clear and convincing evidence that a physician assistant	20293
has violated division (B) of this section and that the	20294
individual's continued practice or prescribing presents a danger	20295
of immediate and serious harm to the public, they may recommend	20296
that the board suspend the individual's certificate to practice or	20297
prescribe without a prior hearing. Written allegations shall be	20298
prepared for consideration by the board.	20299

The board, upon review of those allegations and by an	20300
affirmative vote of not fewer than six of its members, excluding	20301
the secretary and supervising member, may suspend a certificate	20302
without a prior hearing. A telephone conference call may be	20303
utilized for reviewing the allegations and taking the vote on the	20304
summary suspension.	20305

The board shall issue a written order of suspension by	20306
certified mail or in person in accordance with section 119.07 of	20307
the Revised Code. The order shall not be subject to suspension by	20308
the court during pendency of any appeal filed under section 119.12	20309
of the Revised Code. If the physician assistant requests an	20310
adjudicatory hearing by the board, the date set for the hearing	20311
shall be within fifteen days, but not earlier than seven days,	20312
after the physician assistant requests the hearing, unless	20313
otherwise agreed to by both the board and the certificate holder.	20314

A summary suspension imposed under this division shall remain	20315
in effect, unless reversed on appeal, until a final adjudicative	20316
order issued by the board pursuant to this section and Chapter	20317
119. of the Revised Code becomes effective. The board shall issue	20318
its final adjudicative order within sixty days after completion of	20319
its hearing. Failure to issue the order within sixty days shall	20320
result in dissolution of the summary suspension order, but shall	20321
not invalidate any subsequent, final adjudicative order.	20322

(H) If the board takes action under division (B)(11), (13),	20323
or (14) of this section, and the judicial finding of guilt, guilty	20324
plea, or judicial finding of eligibility for intervention in lieu	20325
of conviction is overturned on appeal, upon exhaustion of the	20326
criminal appeal, a petition for reconsideration of the order may	20327
be filed with the board along with appropriate court documents.	20328
Upon receipt of a petition and supporting court documents, the	20329
board shall reinstate the certificate to practice or prescribe.	20330
The board may then hold an adjudication under Chapter 119. of the	20331
Revised Code to determine whether the individual committed the act	20332
in question. Notice of opportunity for hearing shall be given in	20333
accordance with Chapter 119. of the Revised Code. If the board	20334
finds, pursuant to an adjudication held under this division, that	20335
the individual committed the act, or if no hearing is requested,	20336
it may order any of the sanctions identified under division (B) of	20337
this section.	20338

(I) The certificate to practice issued to a physician	20339
assistant and the physician assistant's practice in this state are	20340
automatically suspended as of the date the physician assistant	20341
pleads guilty to, is found by a judge or jury to be guilty of, or	20342
is subject to a judicial finding of eligibility for intervention	20343
in lieu of conviction in this state or treatment or intervention	20344
in lieu of conviction in another state for any of the following	20345
criminal offenses in this state or a substantially equivalent	20346
criminal offense in another jurisdiction: aggravated murder,	20347
murder, voluntary manslaughter, felonious assault, kidnapping,	20348
rape, sexual battery, gross sexual imposition, aggravated arson,	20349
aggravated robbery, or aggravated burglary. Continued practice	20350
after the suspension shall be considered practicing without a	20351
certificate.	20352

The board shall notify the individual subject to the	20353
suspension by certified mail or in person in accordance with	20354
section 119.07 of the Revised Code. If an individual whose	20355
certificate is suspended under this division fails to make a	20356
timely request for an adjudication under Chapter 119. of the	20357
Revised Code, the board shall enter a final order permanently	20358
revoking the individual's certificate to practice.	20359

(J) In any instance in which the board is required by Chapter	20360
119. of the Revised Code to give notice of opportunity for hearing	20361
and the individual subject to the notice does not timely request a	20362
hearing in accordance with section 119.07 of the Revised Code, the	20363
board is not required to hold a hearing, but may adopt, by an	20364
affirmative vote of not fewer than six of its members, a final	20365
order that contains the board's findings. In that final order, the	20366
board may order any of the sanctions identified under division (A)	20367
or (B) of this section.	20368

(K) Any action taken by the board under division (B) of this	20369
section resulting in a suspension shall be accompanied by a	20370
written statement of the conditions under which the physician	20371
assistant's certificate may be reinstated. The board shall adopt	20372
rules in accordance with Chapter 119. of the Revised Code	20373
governing conditions to be imposed for reinstatement.	20374
Reinstatement of a certificate suspended pursuant to division (B)	20375
of this section requires an affirmative vote of not fewer than six	20376
members of the board.	20377

(L) When the board refuses to grant to an applicant a	20378
certificate to practice as a physician assistant or a certificate	20379
to prescribe, revokes an individual's certificate, refuses to	20380
issue a certificate, or refuses to reinstate an individual's	20381
certificate, the board may specify that its action is permanent.	20382
An individual subject to a permanent action taken by the board is	20383
forever thereafter ineligible to hold the certificate and the	20384
board shall not accept an application for reinstatement of the	20385
certificate or for issuance of a new certificate.	20386

(M) Notwithstanding any other provision of the Revised Code,	20387
all of the following apply:	20388

(1) The surrender of a certificate issued under this chapter	20389
is not effective unless or until accepted by the board.	20390
Reinstatement of a certificate surrendered to the board requires	20391
an affirmative vote of not fewer than six members of the board.	20392

(2) An application made under this chapter for a certificate,	20393
approval of a physician supervisory plan, or approval of a	20394
supervision agreement may not be withdrawn without approval of the	20395
board.	20396

(3) Failure by an individual to renew a certificate in	20397
accordance with section 4730.14 or section 4730.48 of the Revised	20398
Code shall not remove or limit the board's jurisdiction to take	20399
disciplinary action under this section against the individual.	20400

Sec. 4730.48. (A)(1) Except in the case of a provisional	20401
certificate to prescribe, a physician assistant's certificate to	20402
prescribe expires on the same date as the physician assistant's	20403
certificate to practice as a physician assistant, as provided in	20404
section 4730.14 of the Revised Code. The certificate to prescribe	20405
may be renewed in accordance with this section.	20406

(2) A person seeking to renew a certificate to prescribe	20407
shall, on or before the thirty-first day of January of each	20408
even-numbered year, apply for renewal of the certificate. The	20409
state medical board shall send renewal notices at least one month	20410
prior to the expiration date. The notice may be sent as part of	20411
the notice sent for renewal of the certificate to practice.	20412

(3) Applications for renewal shall be submitted to the board	20413
on forms the board shall prescribe and furnish. An application for	20414
renewal of a certificate to prescribe may be submitted in	20415
conjunction with an application for renewal of a certificate to	20416
practice.	20417

(4)(a) Except as provided in division (A)(4)(b) of this	20418
section, in the case of an applicant who prescribes opioid	20419
analgesics or benzodiazepines, the applicant shall certify to the	20420
board whether the applicant has been granted access to the drug	20421
database established and maintained by the state board of pharmacy	20422
pursuant to section 4729.75 of the Revised Code.	20423

(b) The requirement in division (A)(4)(a) of this section	20424
does not apply if either of the following is the case:	20425

(i) The state board of pharmacy notifies the state medical	20426
board pursuant to section 4729.861 of the Revised Code that the	20427
applicant has been restricted from obtaining further information	20428
from the drug database.	20429

(ii) The state board of pharmacy no longer maintains the drug	20430
database.	20431

(c) If an applicant certifies to the state medical board that	20432
the applicant has been granted access to the drug database and the	20433
board finds through an audit or other means that the applicant has	20434
not been granted access, the board may take action under section	20435
4730.25 of the Revised Code.	20436

(5) Each application for renewal of a certificate to	20437
prescribe shall be accompanied by a biennial renewal fee of fifty	20438
dollars. The board shall deposit the fees in accordance with	20439
section 4731.24 of the Revised Code.	20440

(6) The applicant shall report any criminal offense that	20441
constitutes grounds under section 4730.25 of the Revised Code for	20442
refusing to issue a certificate to prescribe to which the	20443
applicant has pleaded guilty, of which the applicant has been	20444
found guilty, or for which the applicant has been found eligible	20445
for intervention in lieu of conviction, since last signing an	20446
application for a certificate to prescribe.	20447

(B) The board shall review all renewal applications received.	20448
If an applicant submits a complete renewal application and meets	20449
the requirements for renewal specified in section 4730.49 of the	20450
Revised Code, the board shall issue to the applicant a renewed	20451
certificate to prescribe.	20452

Sec. 4730.53. (A) As used in this section, "drug database"	20453
means the database established and maintained by the state board	20454
of pharmacy pursuant to section 4729.75 of the Revised Code.	20455

(B) ~~The~~Except as provided in divisions (C) and (E) of this	20456
section, a physician assistant holding a certificate to prescribe	20457
issued under this chapter shall comply with all of the following	20458
as conditions of prescribing a drug that is either an opioid	20459
analgesic or a benzodiazepine as part of a patient's course of	20460
treatment for a particular condition:	20461

(1) Before initially prescribing the drug, the physician	20462
assistant or the physician assistant's delegate shall request from	20463
the drug database a report of information related to the patient	20464
that covers at least the twelve months immediately preceding the	20465
date of the request. If the physician assistant practices	20466
primarily in a county of this state that adjoins another state,	20467
the physician assistant or delegate also shall request a report of	20468
any information available in the drug database that pertains to	20469
prescriptions issued or drugs furnished to the patient in the	20470
state adjoining that county.	20471

(2) If the patient's course of treatment for the condition	20472
continues for more than ninety days after the initial report is	20473
requested, the physician assistant or delegate shall make periodic	20474
requests for reports of information from the drug database until	20475
the course of treatment has ended. The requests shall be made at	20476
intervals not exceeding ninety days, determined according to the	20477
date the initial request was made. The request shall be made in	20478
the same manner provided in division (B)(1) of this section for	20479
requesting the initial report of information from the drug	20480
database.	20481

(3) On receipt of a report under division (B)(1) or (2) of	20482
this section, the physician assistant shall assess the information	20483
in the report. The physician assistant shall document in the	20484
patient's record that the report was received and the information	20485
was assessed.	20486

(C) Division (B) of this section does not apply in any of the	20487
following circumstances:	20488

(1) A drug database report regarding the patient is not	20489
available, in which case the physician assistant shall document in	20490
the patient's record the reason that the report is not available.	20491

(2) The drug is prescribed in an amount indicated for a	20492
period not to exceed seven days.	20493

(3) The drug is prescribed for the treatment of cancer or	20494
another condition associated with cancer.	20495

(4) The drug is prescribed to a hospice patient in a hospice	20496
care program, as those terms are defined in section 3712.01 of the	20497
Revised Code, or any other patient diagnosed as terminally ill.	20498

(5) The drug is prescribed for administration in a hospital,	20499
nursing home, or residential care facility.	20500

(D) With respect to prescribing any drug that is not an	20501
opioid analgesic or a benzodiazepine but is included in the drug	20502
database pursuant to rules adopted under section 4729.84 of the	20503
Revised Code, the state medical board shall adopt rules in	20504
~~accordance with Chapter 119. of the Revised Code~~ that establish	20505
standards and procedures to be followed by a physician assistant	20506
who holds a certificate to prescribe issued under this chapter	20507
regarding the review of patient information available through the	20508
drug database under division (A)(5) of section 4729.80 of the	20509
Revised Code. The rules shall be adopted in accordance with	20510
Chapter 119. of the Revised Code.	20511

~~(C)~~(E) This section and the rules adopted under it do not	20512
apply if the state board of pharmacy no longer maintains the drug	20513
database.	20514

Sec. 4731.055. (A) As used in this section:

20515

(1) "Drug database" means the database established and	20516
maintained by the state board of pharmacy pursuant to section	20517
4729.75 of the Revised Code.	20518

(2) "Physician" means an individual authorized under this	20519
chapter to practice medicine and surgery, osteopathic medicine and	20520
surgery, or podiatric medicine and surgery.	20521

(B) ~~The~~Except as provided in divisions (C) and (E) of this	20522
section, a physician shall comply with all of the following as	20523
conditions of prescribing a drug that is either an opioid	20524
analgesic or a benzodiazepine, or personally furnishing a complete	20525
or partial supply of such a drug, as part of a patient's course of	20526
treatment for a particular condition:	20527

(1) Before initially prescribing or furnishing the drug, the	20528
physician or the physician's delegate shall request from the drug	20529
database a report of information related to the patient that	20530
covers at least the twelve months immediately preceding the date	20531
of the request. If the physician practices primarily in a county	20532
of this state that adjoins another state, the physician or	20533
delegate also shall request a report of any information available	20534
in the drug database that pertains to prescriptions issued or	20535
drugs furnished to the patient in the state adjoining that county.	20536

(2) If the patient's course of treatment for the condition	20537
continues for more than ninety days after the initial report is	20538
requested, the physician or delegate shall make periodic requests	20539
for reports of information from the drug database until the course	20540
of treatment has ended. The requests shall be made at intervals	20541
not exceeding ninety days, determined according to the date the	20542
initial request was made. The request shall be made in the same	20543
manner provided in division (B)(1) of this section for requesting	20544
the initial report of information from the drug database.	20545

(3) On receipt of a report under division (B)(1) or (2) of	20546
this section, the physician shall assess the information in the	20547
report. The physician shall document in the patient's record that	20548
the report was received and the information was assessed.	20549

(C) Division (B) of this section does not apply in any of the	20550
following circumstances:	20551

(1) A drug database report regarding the patient is not	20552
available, in which case the physician shall document in the	20553
patient's record the reason that the report is not available.	20554

(2) The drug is prescribed or personally furnished in an	20555
amount indicated for a period not to exceed seven days.	20556

(3) The drug is prescribed or personally furnished for the	20557
treatment of cancer or another condition associated with cancer.	20558

(4) The drug is prescribed or personally furnished to a	20559
hospice patient in a hospice care program, as those terms are	20560
defined in section 3712.01 of the Revised Code, or any other	20561
patient diagnosed as terminally ill.	20562

(5) The drug is prescribed or personally furnished for	20563
administration in a hospital, nursing home, or residential care	20564
facility.	20565

(6) The drug is prescribed or personally furnished to treat	20566
acute pain resulting from a surgical or other invasive procedure	20567
or a delivery.	20568

(D) With respect to prescribing or personally furnishing any	20569
drug that is not an opioid analgesic or a benzodiazepine but is	20570
included in the drug database pursuant to rules adopted under	20571
section 4729.84 of the Revised Code, the state medical board shall	20572
adopt rules ~~in accordance with Chapter 119. of the Revised Code~~	20573
that establish standards and procedures to be followed by a	20574
physician regarding the review of patient information available	20575
through the drug database under division (A)(5) of section 4729.80	20576
of the Revised Code. The rules shall be adopted in accordance with	20577
Chapter 119. of the Revised Code.	20578

~~(C)~~(E) This section and the rules adopted under it do not	20579
apply if the state board of pharmacy no longer maintains the drug	20580
database.	20581

Sec. 4731.15. (A)(1) The state medical board also shall	20582
regulate the following limited branches of medicine: massage	20583
therapy and cosmetic therapy, and to the extent specified in	20584
section 4731.151 of the Revised Code, naprapathy and	20585
mechanotherapy. The board shall adopt rules governing the limited	20586
branches of medicine under its jurisdiction. The rules shall be	20587
adopted in accordance with Chapter 119. of the Revised Code.	20588

(2) As used in this chapter~~, "cosmetic~~:

20589

(a) "Cosmetic therapy" means the permanent removal of hair	20590
from the human body through the use of electric modalities	20591
approved by the board for use in cosmetic therapy, and	20592
additionally may include the systematic friction, stroking,	20593
slapping, and kneading or tapping of the face, neck, scalp, or	20594
shoulders.	20595

(b) "Massage therapy" means the treatment of disorders of the	20596
human body by the manipulation of soft tissue through the	20597
systematic external application of massage techniques including	20598
touch, stroking, friction, vibration, percussion, kneading,	20599
stretching, compression, and joint movements within the normal	20600
physiologic range of motion; and adjunctive thereto, the external	20601
application of water, heat, cold, topical preparations, and	20602
mechanical devices.	20603

(B) A certificate to practice a limited branch of medicine	20604
issued by the state medical board is valid for a two-year period,	20605
except when an initial certificate is issued for a shorter period	20606
or when division (C)(2) of this section is applicable. The	20607
certificate may be renewed in accordance with division (C) of this	20608
section.	20609

(C)(1) Except as provided in division (C)(2) of this section,	20610
all of the following apply with respect to the renewal of	20611
certificates to practice a limited branch of medicine:	20612

(a) Each person seeking to renew a certificate to practice a	20613
limited branch of medicine shall apply for biennial registration	20614
with the state medical board on a renewal application form	20615
prescribed by the board. An applicant for renewal shall pay a	20616
biennial registration fee of one hundred dollars.	20617

(b) At least six months before a certificate expires, the	20618
board shall mail or cause to be mailed a renewal notice to the	20619
certificate holder's last known address.	20620

(c) At least three months before a certificate expires, the	20621
certificate holder shall submit the renewal application and	20622
biennial registration fee to the board.	20623

(2) Beginning with the 2009 registration period, the board	20624
shall implement a staggered renewal system that is substantially	20625
similar to the staggered renewal system the board uses under	20626
division (B) of section 4731.281 of the Revised Code.	20627

(D) All persons who hold a certificate to practice a limited	20628
branch of medicine issued by the state medical board shall provide	20629
the board written notice of any change of address. The notice	20630
shall be submitted to the board not later than thirty days after	20631
the change of address.	20632

(E) A certificate to practice a limited branch of medicine	20633
shall be automatically suspended if the certificate holder fails	20634
to renew the certificate in accordance with division (C) of this	20635
section. Continued practice after the suspension of the	20636
certificate to practice shall be considered as practicing in	20637
violation of sections 4731.34 and 4731.41 of the Revised Code.	20638

If a certificate to practice has been suspended pursuant to	20639
this division for two years or less, it may be reinstated. The	20640
board shall reinstate the certificate upon an applicant's	20641
submission of a renewal application and payment of the biennial	20642
registration fee and the applicable monetary penalty. With regard	20643
to reinstatement of a certificate to practice cosmetic therapy,	20644
the applicant also shall submit with the application a	20645
certification that the number of hours of continuing education	20646
necessary to have a suspended certificate reinstated have been	20647
completed, as specified in rules the board shall adopt in	20648
accordance with Chapter 119. of the Revised Code. The penalty for	20649
reinstatement shall be twenty-five dollars.	20650

If a certificate has been suspended pursuant to this division	20651
for more than two years, it may be restored. Subject to section	20652
4731.222 of the Revised Code, the board may restore the	20653
certificate upon an applicant's submission of a restoration	20654
application, the biennial registration fee, and the applicable	20655
monetary penalty and compliance with sections 4776.01 to 4776.04	20656
of the Revised Code. The board shall not restore to an applicant a	20657
certificate to practice unless the board, in its discretion,	20658
decides that the results of the criminal records check do not make	20659
the applicant ineligible for a certificate issued pursuant to	20660
section 4731.17 of the Revised Code. The penalty for restoration	20661
is fifty dollars.	20662

Sec. 4731.155. ~~(A) Except as provided in division (D) of~~	20663
~~this section, each person holding a certificate to practice~~	20664
~~cosmetic therapy shall complete biennially not less than~~	20665
~~twenty-five hours of continuing cosmetic therapy education.~~	20666

~~Cosmetic therapists shall earn continuing education credits~~	20667
~~at the rate of one-half credit hour for each twenty-five to thirty~~	20668
~~minutes of instruction and one credit hour for each fifty to sixty~~	20669
~~minutes of instruction.~~	20670

~~(B) Only continuing education approved by the state medical~~	20671
~~board may be used to fulfill the requirements of division (A) of~~	20672
~~this section.~~	20673

~~(C) Each certified cosmetic therapist shall submit to the~~	20674
~~board at the time of biennial renewal pursuant to section 4731.15~~	20675
~~of the Revised Code a sworn affidavit, in a form acceptable to the~~	20676
~~board, attesting that the cosmetic therapist has completed~~	20677
~~continuing education programs in compliance with this section and~~	20678
~~listing the date, location, sponsor, subject matter, and hours~~	20679
~~completed of the programs.~~	20680

~~(D)~~ The state medical board ~~shall~~may adopt rules ~~providing~~	20681
~~for pro rata adjustments by month of the hours of~~that establish	20682
continuing education ~~required by this section for persons who~~	20683
~~first receive a certificate during a registration period or who~~	20684
~~have a registration period that is shorter or longer than two~~	20685
~~years because of the implementation of a staggered renewal system~~	20686
~~under section 4731.15 of the Revised Code.~~	20687

~~The board may excuse a cosmetic therapist from all or any~~	20688
~~part of the requirements of this section because of an unusual~~	20689
~~circumstance, emergency, or special hardship.~~	20690

~~(E) Failure to comply with the requirements of this section~~	20691
~~constitutes a failure to renew pursuant to section 4731.15 of the~~	20692
~~Revised Code~~requirements for renewal under section 4731.15 of the	20693
Revised Code of a certificate to practice a limited branch of	20694
medicine. The rules shall be adopted in accordance with Chapter	20695
119. of the Revised Code.	20696

Sec. 4731.22. (A) The state medical board, by an affirmative	20697
vote of not fewer than six of its members, may limit, revoke, or	20698
suspend an individual's certificate to practice, refuse to grant a	20699
certificate to an individual, refuse to register an individual,	20700
refuse to reinstate a certificate, or reprimand or place on	20701
probation the holder of a certificate if the individual or	20702
certificate holder is found by the board to have committed fraud	20703
during the administration of the examination for a certificate to	20704
practice or to have committed fraud, misrepresentation, or	20705
deception in applying for or securing any certificate to practice	20706
or certificate of registration issued by the board.	20707

(B) The board, by an affirmative vote of not fewer than six	20708
members, shall, to the extent permitted by law, limit, revoke, or	20709
suspend an individual's certificate to practice, refuse to	20710
register an individual, refuse to reinstate a certificate, or	20711
reprimand or place on probation the holder of a certificate for	20712
one or more of the following reasons:	20713

(1) Permitting one's name or one's certificate to practice or	20714
certificate of registration to be used by a person, group, or	20715
corporation when the individual concerned is not actually	20716
directing the treatment given;	20717

(2) Failure to maintain minimal standards applicable to the	20718
selection or administration of drugs, or failure to employ	20719
acceptable scientific methods in the selection of drugs or other	20720
modalities for treatment of disease;	20721

(3) Selling, giving away, personally furnishing, prescribing,	20722
or administering drugs for other than legal and legitimate	20723
therapeutic purposes or a plea of guilty to, a judicial finding of	20724
guilt of, or a judicial finding of eligibility for intervention in	20725
lieu of conviction of, a violation of any federal or state law	20726
regulating the possession, distribution, or use of any drug;	20727

(4) Willfully betraying a professional confidence.

20728

For purposes of this division, "willfully betraying a	20729
professional confidence" does not include providing any	20730
information, documents, or reports to a child fatality review	20731
board under sections 307.621 to 307.629 of the Revised Code and	20732
does not include the making of a report of an employee's use of a	20733
drug of abuse, or a report of a condition of an employee other	20734
than one involving the use of a drug of abuse, to the employer of	20735
the employee as described in division (B) of section 2305.33 of	20736
the Revised Code. Nothing in this division affects the immunity	20737
from civil liability conferred by that section upon a physician	20738
who makes either type of report in accordance with division (B) of	20739
that section. As used in this division, "employee," "employer,"	20740
and "physician" have the same meanings as in section 2305.33 of	20741
the Revised Code.	20742

(5) Making a false, fraudulent, deceptive, or misleading	20743
statement in the solicitation of or advertising for patients; in	20744
relation to the practice of medicine and surgery, osteopathic	20745
medicine and surgery, podiatric medicine and surgery, or a limited	20746
branch of medicine; or in securing or attempting to secure any	20747
certificate to practice or certificate of registration issued by	20748
the board.	20749

As used in this division, "false, fraudulent, deceptive, or	20750
misleading statement" means a statement that includes a	20751
misrepresentation of fact, is likely to mislead or deceive because	20752
of a failure to disclose material facts, is intended or is likely	20753
to create false or unjustified expectations of favorable results,	20754
or includes representations or implications that in reasonable	20755
probability will cause an ordinarily prudent person to	20756
misunderstand or be deceived.	20757

(6) A departure from, or the failure to conform to, minimal	20758
standards of care of similar practitioners under the same or	20759
similar circumstances, whether or not actual injury to a patient	20760
is established;	20761

(7) Representing, with the purpose of obtaining compensation	20762
or other advantage as personal gain or for any other person, that	20763
an incurable disease or injury, or other incurable condition, can	20764
be permanently cured;	20765

(8) The obtaining of, or attempting to obtain, money or	20766
anything of value by fraudulent misrepresentations in the course	20767
of practice;	20768

(9) A plea of guilty to, a judicial finding of guilt of, or a	20769
judicial finding of eligibility for intervention in lieu of	20770
conviction for, a felony;	20771

(10) Commission of an act that constitutes a felony in this	20772
state, regardless of the jurisdiction in which the act was	20773
committed;	20774

(11) A plea of guilty to, a judicial finding of guilt of, or	20775
a judicial finding of eligibility for intervention in lieu of	20776
conviction for, a misdemeanor committed in the course of practice;	20777

(12) Commission of an act in the course of practice that	20778
constitutes a misdemeanor in this state, regardless of the	20779
jurisdiction in which the act was committed;	20780

(13) A plea of guilty to, a judicial finding of guilt of, or	20781
a judicial finding of eligibility for intervention in lieu of	20782
conviction for, a misdemeanor involving moral turpitude;	20783

(14) Commission of an act involving moral turpitude that	20784
constitutes a misdemeanor in this state, regardless of the	20785
jurisdiction in which the act was committed;	20786

(15) Violation of the conditions of limitation placed by the	20787
board upon a certificate to practice;	20788

(16) Failure to pay license renewal fees specified in this	20789
chapter;	20790

(17) Except as authorized in section 4731.31 of the Revised	20791
Code, engaging in the division of fees for referral of patients,	20792
or the receiving of a thing of value in return for a specific	20793
referral of a patient to utilize a particular service or business;	20794

(18) Subject to section 4731.226 of the Revised Code,	20795
violation of any provision of a code of ethics of the American	20796
medical association, the American osteopathic association, the	20797
American podiatric medical association, or any other national	20798
professional organizations that the board specifies by rule. The	20799
state medical board shall obtain and keep on file current copies	20800
of the codes of ethics of the various national professional	20801
organizations. The individual whose certificate is being suspended	20802
or revoked shall not be found to have violated any provision of a	20803
code of ethics of an organization not appropriate to the	20804
individual's profession.	20805

For purposes of this division, a "provision of a code of	20806
ethics of a national professional organization" does not include	20807
any provision that would preclude the making of a report by a	20808
physician of an employee's use of a drug of abuse, or of a	20809
condition of an employee other than one involving the use of a	20810
drug of abuse, to the employer of the employee as described in	20811
division (B) of section 2305.33 of the Revised Code. Nothing in	20812
this division affects the immunity from civil liability conferred	20813
by that section upon a physician who makes either type of report	20814
in accordance with division (B) of that section. As used in this	20815
division, "employee," "employer," and "physician" have the same	20816
meanings as in section 2305.33 of the Revised Code.	20817

(19) Inability to practice according to acceptable and	20818
prevailing standards of care by reason of mental illness or	20819
physical illness, including, but not limited to, physical	20820
deterioration that adversely affects cognitive, motor, or	20821
perceptive skills.	20822

In enforcing this division, the board, upon a showing of a	20823
possible violation, may compel any individual authorized to	20824
practice by this chapter or who has submitted an application	20825
pursuant to this chapter to submit to a mental examination,	20826
physical examination, including an HIV test, or both a mental and	20827
a physical examination. The expense of the examination is the	20828
responsibility of the individual compelled to be examined. Failure	20829
to submit to a mental or physical examination or consent to an HIV	20830
test ordered by the board constitutes an admission of the	20831
allegations against the individual unless the failure is due to	20832
circumstances beyond the individual's control, and a default and	20833
final order may be entered without the taking of testimony or	20834
presentation of evidence. If the board finds an individual unable	20835
to practice because of the reasons set forth in this division, the	20836
board shall require the individual to submit to care, counseling,	20837
or treatment by physicians approved or designated by the board, as	20838
a condition for initial, continued, reinstated, or renewed	20839
authority to practice. An individual affected under this division	20840
shall be afforded an opportunity to demonstrate to the board the	20841
ability to resume practice in compliance with acceptable and	20842
prevailing standards under the provisions of the individual's	20843
certificate. For the purpose of this division, any individual who	20844
applies for or receives a certificate to practice under this	20845
chapter accepts the privilege of practicing in this state and, by	20846
so doing, shall be deemed to have given consent to submit to a	20847
mental or physical examination when directed to do so in writing	20848
by the board, and to have waived all objections to the	20849
admissibility of testimony or examination reports that constitute	20850
a privileged communication.	20851

(20) Except when civil penalties are imposed under section	20852
4731.225 or 4731.281 of the Revised Code, and subject to section	20853
4731.226 of the Revised Code, violating or attempting to violate,	20854
directly or indirectly, or assisting in or abetting the violation	20855
of, or conspiring to violate, any provisions of this chapter or	20856
any rule promulgated by the board.	20857

This division does not apply to a violation or attempted	20858
violation of, assisting in or abetting the violation of, or a	20859
conspiracy to violate, any provision of this chapter or any rule	20860
adopted by the board that would preclude the making of a report by	20861
a physician of an employee's use of a drug of abuse, or of a	20862
condition of an employee other than one involving the use of a	20863
drug of abuse, to the employer of the employee as described in	20864
division (B) of section 2305.33 of the Revised Code. Nothing in	20865
this division affects the immunity from civil liability conferred	20866
by that section upon a physician who makes either type of report	20867
in accordance with division (B) of that section. As used in this	20868
division, "employee," "employer," and "physician" have the same	20869
meanings as in section 2305.33 of the Revised Code.	20870

(21) The violation of section 3701.79 of the Revised Code or	20871
of any abortion rule adopted by the public health council pursuant	20872
to section 3701.341 of the Revised Code;	20873

(22) Any of the following actions taken by an agency	20874
responsible for authorizing, certifying, or regulating an	20875
individual to practice a health care occupation or provide health	20876
care services in this state or another jurisdiction, for any	20877
reason other than the nonpayment of fees: the limitation,	20878
revocation, or suspension of an individual's license to practice;	20879
acceptance of an individual's license surrender; denial of a	20880
license; refusal to renew or reinstate a license; imposition of	20881
probation; or issuance of an order of censure or other reprimand;	20882

(23) The violation of section 2919.12 of the Revised Code or	20883
the performance or inducement of an abortion upon a pregnant woman	20884
with actual knowledge that the conditions specified in division	20885
(B) of section 2317.56 of the Revised Code have not been satisfied	20886
or with a heedless indifference as to whether those conditions	20887
have been satisfied, unless an affirmative defense as specified in	20888
division (H)(2) of that section would apply in a civil action	20889
authorized by division (H)(1) of that section;	20890

(24) The revocation, suspension, restriction, reduction, or	20891
termination of clinical privileges by the United States department	20892
of defense or department of veterans affairs or the termination or	20893
suspension of a certificate of registration to prescribe drugs by	20894
the drug enforcement administration of the United States	20895
department of justice;	20896

(25) Termination or suspension from participation in the	20897
medicare or medicaid programs by the department of health and	20898
human services or other responsible agency for any act or acts	20899
that also would constitute a violation of division (B)(2), (3),	20900
(6), (8), or (19) of this section;	20901

(26) Impairment of ability to practice according to	20902
acceptable and prevailing standards of care because of habitual or	20903
excessive use or abuse of drugs, alcohol, or other substances that	20904
impair ability to practice.	20905

For the purposes of this division, any individual authorized	20906
to practice by this chapter accepts the privilege of practicing in	20907
this state subject to supervision by the board. By filing an	20908
application for or holding a certificate to practice under this	20909
chapter, an individual shall be deemed to have given consent to	20910
submit to a mental or physical examination when ordered to do so	20911
by the board in writing, and to have waived all objections to the	20912
admissibility of testimony or examination reports that constitute	20913
privileged communications.	20914

If it has reason to believe that any individual authorized to	20915
practice by this chapter or any applicant for certification to	20916
practice suffers such impairment, the board may compel the	20917
individual to submit to a mental or physical examination, or both.	20918
The expense of the examination is the responsibility of the	20919
individual compelled to be examined. Any mental or physical	20920
examination required under this division shall be undertaken by a	20921
treatment provider or physician who is qualified to conduct the	20922
examination and who is chosen by the board.	20923

Failure to submit to a mental or physical examination ordered	20924
by the board constitutes an admission of the allegations against	20925
the individual unless the failure is due to circumstances beyond	20926
the individual's control, and a default and final order may be	20927
entered without the taking of testimony or presentation of	20928
evidence. If the board determines that the individual's ability to	20929
practice is impaired, the board shall suspend the individual's	20930
certificate or deny the individual's application and shall require	20931
the individual, as a condition for initial, continued, reinstated,	20932
or renewed certification to practice, to submit to treatment.	20933

Before being eligible to apply for reinstatement of a	20934
certificate suspended under this division, the impaired	20935
practitioner shall demonstrate to the board the ability to resume	20936
practice in compliance with acceptable and prevailing standards of	20937
care under the provisions of the practitioner's certificate. The	20938
demonstration shall include, but shall not be limited to, the	20939
following:	20940

(a) Certification from a treatment provider approved under	20941
section 4731.25 of the Revised Code that the individual has	20942
successfully completed any required inpatient treatment;	20943

(b) Evidence of continuing full compliance with an aftercare	20944
contract or consent agreement;	20945

(c) Two written reports indicating that the individual's	20946
ability to practice has been assessed and that the individual has	20947
been found capable of practicing according to acceptable and	20948
prevailing standards of care. The reports shall be made by	20949
individuals or providers approved by the board for making the	20950
assessments and shall describe the basis for their determination.	20951

The board may reinstate a certificate suspended under this	20952
division after that demonstration and after the individual has	20953
entered into a written consent agreement.	20954

When the impaired practitioner resumes practice, the board	20955
shall require continued monitoring of the individual. The	20956
monitoring shall include, but not be limited to, compliance with	20957
the written consent agreement entered into before reinstatement or	20958
with conditions imposed by board order after a hearing, and, upon	20959
termination of the consent agreement, submission to the board for	20960
at least two years of annual written progress reports made under	20961
penalty of perjury stating whether the individual has maintained	20962
sobriety.	20963

(27) A second or subsequent violation of section 4731.66 or	20964
4731.69 of the Revised Code;	20965

(28) Except as provided in division (N) of this section:

20966

(a) Waiving the payment of all or any part of a deductible or	20967
copayment that a patient, pursuant to a health insurance or health	20968
care policy, contract, or plan that covers the individual's	20969
services, otherwise would be required to pay if the waiver is used	20970
as an enticement to a patient or group of patients to receive	20971
health care services from that individual;	20972

(b) Advertising that the individual will waive the payment of	20973
all or any part of a deductible or copayment that a patient,	20974
pursuant to a health insurance or health care policy, contract, or	20975
plan that covers the individual's services, otherwise would be	20976
required to pay.	20977

(29) Failure to use universal blood and body fluid	20978
precautions established by rules adopted under section 4731.051 of	20979
the Revised Code;	20980

(30) Failure to provide notice to, and receive acknowledgment	20981
of the notice from, a patient when required by section 4731.143 of	20982
the Revised Code prior to providing nonemergency professional	20983
services, or failure to maintain that notice in the patient's	20984
file;	20985

(31) Failure of a physician supervising a physician assistant	20986
to maintain supervision in accordance with the requirements of	20987
Chapter 4730. of the Revised Code and the rules adopted under that	20988
chapter;	20989

(32) Failure of a physician or podiatrist to enter into a	20990
standard care arrangement with a clinical nurse specialist,	20991
certified nurse-midwife, or certified nurse practitioner with whom	20992
the physician or podiatrist is in collaboration pursuant to	20993
section 4731.27 of the Revised Code or failure to fulfill the	20994
responsibilities of collaboration after entering into a standard	20995
care arrangement;	20996

(33) Failure to comply with the terms of a consult agreement	20997
entered into with a pharmacist pursuant to section 4729.39 of the	20998
Revised Code;	20999

(34) Failure to cooperate in an investigation conducted by	21000
the board under division (F) of this section, including failure to	21001
comply with a subpoena or order issued by the board or failure to	21002
answer truthfully a question presented by the board in an	21003
investigative interview, an investigative office conference, at a	21004
deposition, or in written interrogatories, except that failure to	21005
cooperate with an investigation shall not constitute grounds for	21006
discipline under this section if a court of competent jurisdiction	21007
has issued an order that either quashes a subpoena or permits the	21008
individual to withhold the testimony or evidence in issue;	21009

(35) Failure to supervise an oriental medicine practitioner	21010
or acupuncturist in accordance with Chapter 4762. of the Revised	21011
Code and the board's rules for providing that supervision;	21012

(36) Failure to supervise an anesthesiologist assistant in	21013
accordance with Chapter 4760. of the Revised Code and the board's	21014
rules for supervision of an anesthesiologist assistant;	21015

(37) Assisting suicide as defined in section 3795.01 of the	21016
Revised Code;	21017

(38) Failure to comply with the requirements of section	21018
2317.561 of the Revised Code;	21019

(39) Failure to supervise a radiologist assistant in	21020
accordance with Chapter 4774. of the Revised Code and the board's	21021
rules for supervision of radiologist assistants;	21022

(40) Performing or inducing an abortion at an office or	21023
facility with knowledge that the office or facility fails to post	21024
the notice required under section 3701.791 of the Revised Code;	21025

(41) Failure to comply with the standards and procedures	21026
established in rules under section 4731.054 of the Revised Code	21027
for the operation of or the provision of care at a pain management	21028
clinic;	21029

(42) Failure to comply with the standards and procedures	21030
established in rules under section 4731.054 of the Revised Code	21031
for providing supervision, direction, and control of individuals	21032
at a pain management clinic;	21033

(43) Failure to comply with the requirements of section	21034
4729.79 or 4731.055 of the Revised Code, unless the state board of	21035
pharmacy no longer maintains a drug database pursuant to section	21036
4729.75 of the Revised Code;	21037

(44) Failure to comply with the requirements of section	21038
2919.171 of the Revised Code or failure to submit to the	21039
department of health in accordance with a court order a complete	21040
report as described in section 2919.171 of the Revised Code;	21041

(45) Practicing at a facility that is subject to licensure as	21042
a category III terminal distributor of dangerous drugs with a pain	21043
management clinic classification unless the person operating the	21044
facility has obtained and maintains the license with the	21045
classification;	21046

(46) Owning a facility that is subject to licensure as a	21047
category III terminal distributor of dangerous drugs with a pain	21048
management clinic classification unless the facility is licensed	21049
with the classification;	21050

(47) Failure to comply with the requirement regarding	21051
maintaining notes described in division (B) of section 2919.191 of	21052
the Revised Code or failure to satisfy the requirements of section	21053
2919.191 of the Revised Code prior to performing or inducing an	21054
abortion upon a pregnant woman.	21055

(C) Disciplinary actions taken by the board under divisions	21056
(A) and (B) of this section shall be taken pursuant to an	21057
adjudication under Chapter 119. of the Revised Code, except that	21058
in lieu of an adjudication, the board may enter into a consent	21059
agreement with an individual to resolve an allegation of a	21060
violation of this chapter or any rule adopted under it. A consent	21061
agreement, when ratified by an affirmative vote of not fewer than	21062
six members of the board, shall constitute the findings and order	21063
of the board with respect to the matter addressed in the	21064
agreement. If the board refuses to ratify a consent agreement, the	21065
admissions and findings contained in the consent agreement shall	21066
be of no force or effect.	21067

A telephone conference call may be utilized for ratification	21068
of a consent agreement that revokes or suspends an individual's	21069
certificate to practice. The telephone conference call shall be	21070
considered a special meeting under division (F) of section 121.22	21071
of the Revised Code.	21072

If the board takes disciplinary action against an individual	21073
under division (B) of this section for a second or subsequent plea	21074
of guilty to, or judicial finding of guilt of, a violation of	21075
section 2919.123 of the Revised Code, the disciplinary action	21076
shall consist of a suspension of the individual's certificate to	21077
practice for a period of at least one year or, if determined	21078
appropriate by the board, a more serious sanction involving the	21079
individual's certificate to practice. Any consent agreement	21080
entered into under this division with an individual that pertains	21081
to a second or subsequent plea of guilty to, or judicial finding	21082
of guilt of, a violation of that section shall provide for a	21083
suspension of the individual's certificate to practice for a	21084
period of at least one year or, if determined appropriate by the	21085
board, a more serious sanction involving the individual's	21086
certificate to practice.	21087

(D) For purposes of divisions (B)(10), (12), and (14) of this	21088
section, the commission of the act may be established by a finding	21089
by the board, pursuant to an adjudication under Chapter 119. of	21090
the Revised Code, that the individual committed the act. The board	21091
does not have jurisdiction under those divisions if the trial	21092
court renders a final judgment in the individual's favor and that	21093
judgment is based upon an adjudication on the merits. The board	21094
has jurisdiction under those divisions if the trial court issues	21095
an order of dismissal upon technical or procedural grounds.	21096

(E) The sealing of conviction records by any court shall have	21097
no effect upon a prior board order entered under this section or	21098
upon the board's jurisdiction to take action under this section	21099
if, based upon a plea of guilty, a judicial finding of guilt, or a	21100
judicial finding of eligibility for intervention in lieu of	21101
conviction, the board issued a notice of opportunity for a hearing	21102
prior to the court's order to seal the records. The board shall	21103
not be required to seal, destroy, redact, or otherwise modify its	21104
records to reflect the court's sealing of conviction records.	21105

(F)(1) The board shall investigate evidence that appears to	21106
show that a person has violated any provision of this chapter or	21107
any rule adopted under it. Any person may report to the board in a	21108
signed writing any information that the person may have that	21109
appears to show a violation of any provision of this chapter or	21110
any rule adopted under it. In the absence of bad faith, any person	21111
who reports information of that nature or who testifies before the	21112
board in any adjudication conducted under Chapter 119. of the	21113
Revised Code shall not be liable in damages in a civil action as a	21114
result of the report or testimony. Each complaint or allegation of	21115
a violation received by the board shall be assigned a case number	21116
and shall be recorded by the board.	21117

(2) Investigations of alleged violations of this chapter or	21118
any rule adopted under it shall be supervised by the supervising	21119
member elected by the board in accordance with section 4731.02 of	21120
the Revised Code and by the secretary as provided in section	21121
4731.39 of the Revised Code. The president may designate another	21122
member of the board to supervise the investigation in place of the	21123
supervising member. No member of the board who supervises the	21124
investigation of a case shall participate in further adjudication	21125
of the case.	21126

(3) In investigating a possible violation of this chapter or	21127
any rule adopted under this chapter, or in conducting an	21128
inspection under division (E) of section 4731.054 of the Revised	21129
Code, the board may question witnesses, conduct interviews,	21130
administer oaths, order the taking of depositions, inspect and	21131
copy any books, accounts, papers, records, or documents, issue	21132
subpoenas, and compel the attendance of witnesses and production	21133
of books, accounts, papers, records, documents, and testimony,	21134
except that a subpoena for patient record information shall not be	21135
issued without consultation with the attorney general's office and	21136
approval of the secretary and supervising member of the board.	21137

(a) Before issuance of a subpoena for patient record	21138
information, the secretary and supervising member shall determine	21139
whether there is probable cause to believe that the complaint	21140
filed alleges a violation of this chapter or any rule adopted	21141
under it and that the records sought are relevant to the alleged	21142
violation and material to the investigation. The subpoena may	21143
apply only to records that cover a reasonable period of time	21144
surrounding the alleged violation.	21145

(b) On failure to comply with any subpoena issued by the	21146
board and after reasonable notice to the person being subpoenaed,	21147
the board may move for an order compelling the production of	21148
persons or records pursuant to the Rules of Civil Procedure.	21149

(c) A subpoena issued by the board may be served by a	21150
sheriff, the sheriff's deputy, or a board employee designated by	21151
the board. Service of a subpoena issued by the board may be made	21152
by delivering a copy of the subpoena to the person named therein,	21153
reading it to the person, or leaving it at the person's usual	21154
place of residence, usual place of business, or address on file	21155
with the board. When serving a subpoena to an applicant for or the	21156
holder of a certificate issued under this chapter, service of the	21157
subpoena may be made by certified mail, return receipt requested,	21158
and the subpoena shall be deemed served on the date delivery is	21159
made or the date the person refuses to accept delivery. If the	21160
person being served refuses to accept the subpoena or is not	21161
located, service may be made to an attorney who notifies the board	21162
that the attorney is representing the person.	21163

(d) A sheriff's deputy who serves a subpoena shall receive	21164
the same fees as a sheriff. Each witness who appears before the	21165
board in obedience to a subpoena shall receive the fees and	21166
mileage provided for under section 119.094 of the Revised Code.	21167

(4) All hearings, investigations, and inspections of the	21168
board shall be considered civil actions for the purposes of	21169
section 2305.252 of the Revised Code.	21170

(5) A report required to be submitted to the board under this	21171
chapter, a complaint, or information received by the board	21172
pursuant to an investigation or pursuant to an inspection under	21173
division (E) of section 4731.054 of the Revised Code is	21174
confidential and not subject to discovery in any civil action.	21175

The board shall conduct all investigations or inspections and	21176
proceedings in a manner that protects the confidentiality of	21177
patients and persons who file complaints with the board. The board	21178
shall not make public the names or any other identifying	21179
information about patients or complainants unless proper consent	21180
is given or, in the case of a patient, a waiver of the patient	21181
privilege exists under division (B) of section 2317.02 of the	21182
Revised Code, except that consent or a waiver of that nature is	21183
not required if the board possesses reliable and substantial	21184
evidence that no bona fide physician-patient relationship exists.	21185

The board may share any information it receives pursuant to	21186
an investigation or inspection, including patient records and	21187
patient record information, with law enforcement agencies, other	21188
licensing boards, and other governmental agencies that are	21189
prosecuting, adjudicating, or investigating alleged violations of	21190
statutes or administrative rules. An agency or board that receives	21191
the information shall comply with the same requirements regarding	21192
confidentiality as those with which the state medical board must	21193
comply, notwithstanding any conflicting provision of the Revised	21194
Code or procedure of the agency or board that applies when it is	21195
dealing with other information in its possession. In a judicial	21196
proceeding, the information may be admitted into evidence only in	21197
accordance with the Rules of Evidence, but the court shall require	21198
that appropriate measures are taken to ensure that confidentiality	21199
is maintained with respect to any part of the information that	21200
contains names or other identifying information about patients or	21201
complainants whose confidentiality was protected by the state	21202
medical board when the information was in the board's possession.	21203
Measures to ensure confidentiality that may be taken by the court	21204
include sealing its records or deleting specific information from	21205
its records.	21206

(6) On a quarterly basis, the board shall prepare a report	21207
that documents the disposition of all cases during the preceding	21208
three months. The report shall contain the following information	21209
for each case with which the board has completed its activities:	21210

(a) The case number assigned to the complaint or alleged	21211
violation;	21212

(b) The type of certificate to practice, if any, held by the	21213
individual against whom the complaint is directed;	21214

(c) A description of the allegations contained in the	21215
complaint;	21216

(d) The disposition of the case.

21217

The report shall state how many cases are still pending and	21218
shall be prepared in a manner that protects the identity of each	21219
person involved in each case. The report shall be a public record	21220
under section 149.43 of the Revised Code.	21221

(G) If the secretary and supervising member determine both of	21222
the following, they may recommend that the board suspend an	21223
individual's certificate to practice without a prior hearing:	21224

(1) That there is clear and convincing evidence that an	21225
individual has violated division (B) of this section;	21226

(2) That the individual's continued practice presents a	21227
danger of immediate and serious harm to the public.	21228

Written allegations shall be prepared for consideration by	21229
the board. The board, upon review of those allegations and by an	21230
affirmative vote of not fewer than six of its members, excluding	21231
the secretary and supervising member, may suspend a certificate	21232
without a prior hearing. A telephone conference call may be	21233
utilized for reviewing the allegations and taking the vote on the	21234
summary suspension.	21235

The board shall issue a written order of suspension by	21236
certified mail or in person in accordance with section 119.07 of	21237
the Revised Code. The order shall not be subject to suspension by	21238
the court during pendency of any appeal filed under section 119.12	21239
of the Revised Code. If the individual subject to the summary	21240
suspension requests an adjudicatory hearing by the board, the date	21241
set for the hearing shall be within fifteen days, but not earlier	21242
than seven days, after the individual requests the hearing, unless	21243
otherwise agreed to by both the board and the individual.	21244

Any summary suspension imposed under this division shall	21245
remain in effect, unless reversed on appeal, until a final	21246
adjudicative order issued by the board pursuant to this section	21247
and Chapter 119. of the Revised Code becomes effective. The board	21248
shall issue its final adjudicative order within seventy-five days	21249
after completion of its hearing. A failure to issue the order	21250
within seventy-five days shall result in dissolution of the	21251
summary suspension order but shall not invalidate any subsequent,	21252
final adjudicative order.	21253

(H) If the board takes action under division (B)(9), (11), or	21254
(13) of this section and the judicial finding of guilt, guilty	21255
plea, or judicial finding of eligibility for intervention in lieu	21256
of conviction is overturned on appeal, upon exhaustion of the	21257
criminal appeal, a petition for reconsideration of the order may	21258
be filed with the board along with appropriate court documents.	21259
Upon receipt of a petition of that nature and supporting court	21260
documents, the board shall reinstate the individual's certificate	21261
to practice. The board may then hold an adjudication under Chapter	21262
119. of the Revised Code to determine whether the individual	21263
committed the act in question. Notice of an opportunity for a	21264
hearing shall be given in accordance with Chapter 119. of the	21265
Revised Code. If the board finds, pursuant to an adjudication held	21266
under this division, that the individual committed the act or if	21267
no hearing is requested, the board may order any of the sanctions	21268
identified under division (B) of this section.	21269

(I) The certificate to practice issued to an individual under	21270
this chapter and the individual's practice in this state are	21271
automatically suspended as of the date of the individual's second	21272
or subsequent plea of guilty to, or judicial finding of guilt of,	21273
a violation of section 2919.123 of the Revised Code, or the date	21274
the individual pleads guilty to, is found by a judge or jury to be	21275
guilty of, or is subject to a judicial finding of eligibility for	21276
intervention in lieu of conviction in this state or treatment or	21277
intervention in lieu of conviction in another jurisdiction for any	21278
of the following criminal offenses in this state or a	21279
substantially equivalent criminal offense in another jurisdiction:	21280
aggravated murder, murder, voluntary manslaughter, felonious	21281
assault, kidnapping, rape, sexual battery, gross sexual	21282
imposition, aggravated arson, aggravated robbery, or aggravated	21283
burglary. Continued practice after suspension shall be considered	21284
practicing without a certificate.	21285

The board shall notify the individual subject to the	21286
suspension by certified mail or in person in accordance with	21287
section 119.07 of the Revised Code. If an individual whose	21288
certificate is automatically suspended under this division fails	21289
to make a timely request for an adjudication under Chapter 119. of	21290
the Revised Code, the board shall do whichever of the following is	21291
applicable:	21292

(1) If the automatic suspension under this division is for a	21293
second or subsequent plea of guilty to, or judicial finding of	21294
guilt of, a violation of section 2919.123 of the Revised Code, the	21295
board shall enter an order suspending the individual's certificate	21296
to practice for a period of at least one year or, if determined	21297
appropriate by the board, imposing a more serious sanction	21298
involving the individual's certificate to practice.	21299

(2) In all circumstances in which division (I)(1) of this	21300
section does not apply, enter a final order permanently revoking	21301
the individual's certificate to practice.	21302

(J) If the board is required by Chapter 119. of the Revised	21303
Code to give notice of an opportunity for a hearing and if the	21304
individual subject to the notice does not timely request a hearing	21305
in accordance with section 119.07 of the Revised Code, the board	21306
is not required to hold a hearing, but may adopt, by an	21307
affirmative vote of not fewer than six of its members, a final	21308
order that contains the board's findings. In that final order, the	21309
board may order any of the sanctions identified under division (A)	21310
or (B) of this section.	21311

(K) Any action taken by the board under division (B) of this	21312
section resulting in a suspension from practice shall be	21313
accompanied by a written statement of the conditions under which	21314
the individual's certificate to practice may be reinstated. The	21315
board shall adopt rules governing conditions to be imposed for	21316
reinstatement. Reinstatement of a certificate suspended pursuant	21317
to division (B) of this section requires an affirmative vote of	21318
not fewer than six members of the board.	21319

(L) When the board refuses to grant a certificate to an	21320
applicant, revokes an individual's certificate to practice,	21321
refuses to register an applicant, or refuses to reinstate an	21322
individual's certificate to practice, the board may specify that	21323
its action is permanent. An individual subject to a permanent	21324
action taken by the board is forever thereafter ineligible to hold	21325
a certificate to practice and the board shall not accept an	21326
application for reinstatement of the certificate or for issuance	21327
of a new certificate.	21328

(M) Notwithstanding any other provision of the Revised Code,	21329
all of the following apply:	21330

(1) The surrender of a certificate issued under this chapter	21331
shall not be effective unless or until accepted by the board. A	21332
telephone conference call may be utilized for acceptance of the	21333
surrender of an individual's certificate to practice. The	21334
telephone conference call shall be considered a special meeting	21335
under division (F) of section 121.22 of the Revised Code.	21336
Reinstatement of a certificate surrendered to the board requires	21337
an affirmative vote of not fewer than six members of the board.	21338

(2) An application for a certificate made under the	21339
provisions of this chapter may not be withdrawn without approval	21340
of the board.	21341

(3) Failure by an individual to renew a certificate of	21342
registration in accordance with this chapter shall not remove or	21343
limit the board's jurisdiction to take any disciplinary action	21344
under this section against the individual.	21345

(4) At the request of the board, a certificate holder shall	21346
immediately surrender to the board a certificate that the board	21347
has suspended, revoked, or permanently revoked.	21348

(N) Sanctions shall not be imposed under division (B)(28) of	21349
this section against any person who waives deductibles and	21350
copayments as follows:	21351

(1) In compliance with the health benefit plan that expressly	21352
allows such a practice. Waiver of the deductibles or copayments	21353
shall be made only with the full knowledge and consent of the plan	21354
purchaser, payer, and third-party administrator. Documentation of	21355
the consent shall be made available to the board upon request.	21356

(2) For professional services rendered to any other person	21357
authorized to practice pursuant to this chapter, to the extent	21358
allowed by this chapter and rules adopted by the board.	21359

(O) Under the board's investigative duties described in this	21360
section and subject to division (F) of this section, the board	21361
shall develop and implement a quality intervention program	21362
designed to improve through remedial education the clinical and	21363
communication skills of individuals authorized under this chapter	21364
to practice medicine and surgery, osteopathic medicine and	21365
surgery, and podiatric medicine and surgery. In developing and	21366
implementing the quality intervention program, the board may do	21367
all of the following:	21368

(1) Offer in appropriate cases as determined by the board an	21369
educational and assessment program pursuant to an investigation	21370
the board conducts under this section;	21371

(2) Select providers of educational and assessment services,	21372
including a quality intervention program panel of case reviewers;	21373

(3) Make referrals to educational and assessment service	21374
providers and approve individual educational programs recommended	21375
by those providers. The board shall monitor the progress of each	21376
individual undertaking a recommended individual educational	21377
program.	21378

(4) Determine what constitutes successful completion of an	21379
individual educational program and require further monitoring of	21380
the individual who completed the program or other action that the	21381
board determines to be appropriate;	21382

(5) Adopt rules in accordance with Chapter 119. of the	21383
Revised Code to further implement the quality intervention	21384
program.	21385

An individual who participates in an individual educational	21386
program pursuant to this division shall pay the financial	21387
obligations arising from that educational program.	21388

Sec. 4731.24. Except as provided in sections 4731.281 and	21389
4731.40 of the Revised Code, all receipts of the state medical	21390
board, from any source, shall be deposited in the state treasury.	21391
Until July 1, 1998, the funds shall be deposited to the credit of	21392
the occupational licensing and regulatory fund. On and after July	21393
1, 1998, the funds shall be deposited to the credit of the state	21394
medical board operating fund, which is hereby created on July 1,	21395
1998. ~~All~~Except as provided in section 4731.24 of the Revised	21396
Code, all funds deposited into the state treasury under this	21397
section shall be used solely for the administration and	21398
enforcement of this chapter and Chapters 4730., 4760., 4762.,	21399
4774., and 4778. of the Revised Code by the board.	21400

Sec. 4731.241. (A) The state medical board may solicit and	21401
accept grants and services from public and private sources for the	21402
purpose of developing and maintaining programs that address	21403
patient safety and education, supply and demand of health care	21404
professionals, and information sharing with the public and the	21405
individuals regulated by the board. The board shall not solicit or	21406
accept a grant or service that would interfere with the board's	21407
independence or objectivity, as determined by the board.	21408

Money received by the board under this ~~section~~division shall	21409
be deposited into the state treasury to the credit of the medical	21410
board education and patient safety fund, which is hereby created.	21411
The money shall be used solely in accordance with this section.	21412

(B) The board may accept from the state, a political	21413
subdivision of the state, or the federal government money that	21414
results from a fine, civil penalty, or seizure or forfeiture of	21415
property. Money received by the board under this division shall be	21416
deposited in accordance with section 4731.24 of the Revised Code.	21417
The money shall be used solely to further the investigation,	21418
enforcement, and compliance activities of the board.	21419

Sec. 4731.281. (A) On or before the deadline established	21420
under division (B) of this section for applying for renewal of a	21421
certificate of registration, each person holding a certificate	21422
under this chapter to practice medicine and surgery, osteopathic	21423
medicine and surgery, or podiatric medicine and surgery shall	21424
certify to the state medical board that in the preceding two years	21425
the person has completed one hundred hours of continuing medical	21426
education. The certification shall be made upon the application	21427
for biennial registration submitted pursuant to division (B) of	21428
this section. The board shall adopt rules providing for pro rata	21429
reductions by month of the number of hours of continuing education	21430
required for persons who are in their first registration period,	21431
who have been disabled due to illness or accident, or who have	21432
been absent from the country.	21433

In determining whether a course, program, or activity	21434
qualifies for credit as continuing medical education, the board	21435
shall approve all continuing medical education taken by persons	21436
holding a certificate to practice medicine and surgery that is	21437
certified by the Ohio state medical association, all continuing	21438
medical education taken by persons holding a certificate to	21439
practice osteopathic medicine and surgery that is certified by the	21440
Ohio osteopathic association, and all continuing medical education	21441
taken by persons holding a certificate to practice podiatric	21442
medicine and surgery that is certified by the Ohio podiatric	21443
medical association. Each person holding a certificate to practice	21444
under this chapter shall be given sufficient choice of continuing	21445
education programs to ensure that the person has had a reasonable	21446
opportunity to participate in continuing education programs that	21447
are relevant to the person's medical practice in terms of subject	21448
matter and level.	21449

The board may require a random sample of persons holding a	21450
certificate to practice under this chapter to submit materials	21451
documenting completion of the continuing medical education	21452
requirement during the preceding registration period, but this	21453
provision shall not limit the board's authority to investigate	21454
pursuant to section 4731.22 of the Revised Code.	21455

(B)(1) Every person holding a certificate under this chapter	21456
to practice medicine and surgery, osteopathic medicine and	21457
surgery, or podiatric medicine and surgery wishing to renew that	21458
certificate shall apply to the board for a certificate of	21459
registration upon an application furnished by the board, and pay	21460
to the board at the time of application a fee of three hundred	21461
five dollars, according to the following schedule:	21462

(a) Persons whose last name begins with the letters "A"	21463
through "B," on or before April 1, 2001, and the first day of	21464
April of every odd-numbered year thereafter;	21465

(b) Persons whose last name begins with the letters "C"	21466
through "D," on or before January 1, 2001, and the first day of	21467
January of every odd-numbered year thereafter;	21468

(c) Persons whose last name begins with the letters "E"	21469
through "G," on or before October 1, 2000, and the first day of	21470
October of every even-numbered year thereafter;	21471

(d) Persons whose last name begins with the letters "H"	21472
through "K," on or before July 1, 2000, and the first day of July	21473
of every even-numbered year thereafter;	21474

(e) Persons whose last name begins with the letters "L"	21475
through "M," on or before April 1, 2000, and the first day of	21476
April of every even-numbered year thereafter;	21477

(f) Persons whose last name begins with the letters "N"	21478
through "R," on or before January 1, 2000, and the first day of	21479
January of every even-numbered year thereafter;	21480

(g) Persons whose last name begins with the letter "S," on or	21481
before October 1, 1999, and the first day of October of every	21482
odd-numbered year thereafter;	21483

(h) Persons whose last name begins with the letters "T"	21484
through "Z," on or before July 1, 1999, and the first day of July	21485
of every odd-numbered year thereafter.	21486

The board shall deposit the fee in accordance with section	21487
4731.24 of the Revised Code, except that the board shall deposit	21488
twenty dollars of the fee into the state treasury to the credit of	21489
the physician loan repayment fund created by section 3702.78 of	21490
the Revised Code.	21491

(2) The board shall mail or cause to be mailed to every	21492
person registered to practice medicine and surgery, osteopathic	21493
medicine and surgery, or podiatric medicine and surgery, a notice	21494
of registration renewal addressed to the person's last known	21495
address or may cause the notice to be sent to the person through	21496
the secretary of any recognized medical, osteopathic, or podiatric	21497
society, according to the following schedule:	21498

(a) To persons whose last name begins with the letters "A"	21499
through "B," on or before January 1, 2001, and the first day of	21500
January of every odd-numbered year thereafter;	21501

(b) To persons whose last name begins with the letters "C"	21502
through "D," on or before October 1, 2000, and the first day of	21503
October of every even-numbered year thereafter;	21504

(c) To persons whose last name begins with the letters "E"	21505
through "G," on or before July 1, 2000, and the first day of July	21506
of every even-numbered year thereafter;	21507

(d) To persons whose last name begins with the letters "H"	21508
through "K," on or before April 1, 2000, and the first day of	21509
April of every even-numbered year thereafter;	21510

(e) To persons whose last name begins with the letters "L"	21511
through "M," on or before January 1, 2000, and the first day of	21512
January of every even-numbered year thereafter;	21513

(f) To persons whose last name begins with the letters "N"	21514
through "R," on or before October 1, 1999, and the first day of	21515
October of every odd-numbered year thereafter;	21516

(g) To persons whose last name begins with the letter "S," on	21517
or before July 1, 1999, and the first day of July of every	21518
odd-numbered year thereafter;	21519

(h) To persons whose last name begins with the letters "T"	21520
through "Z," on or before April 1, 1999, and the first day of	21521
April of every odd-numbered year thereafter.	21522

(3) Failure of any person to receive a notice of renewal from	21523
the board shall not excuse the person from the requirements	21524
contained in this section.	21525

(4) The board's notice shall inform the applicant of the	21526
renewal procedure. The board shall provide the application for	21527
registration renewal in a form determined by the board. ~~The~~	21528

(5) The applicant shall provide in the application the	21529
applicant's full name, principal practice address and residence	21530
address, the number of the applicant's certificate to practice,	21531
and any other information required by the board. ~~The~~	21532

(6)(a) Except as provided in division (B)(6)(b) of this	21533
section, in the case of an applicant who prescribes or personally	21534
furnishes opioid analgesics or benzodiazepines, the applicant	21535
shall certify to the board whether the applicant has been granted	21536
access to the drug database established and maintained by the	21537
state board of pharmacy pursuant to section 4729.75 of the Revised	21538
Code.	21539

(b) The requirement in division (B)(6)(a) of this section	21540
does not apply if either of the following is the case:	21541

(i) The state board of pharmacy notifies the state medical	21542
board pursuant to section 4729.861 of the Revised Code that the	21543
applicant has been restricted from obtaining further information	21544
from the drug database.	21545

(ii) The state board of pharmacy no longer maintains the drug	21546
database.	21547

(c) If an applicant certifies to the state medical board that	21548
the applicant has been granted access to the drug database and the	21549
board finds through an audit or other means that the applicant has	21550
not been granted access, the board may take action under section	21551
4731.22 of the Revised Code.	21552

(7) The applicant shall include with the application a list	21553
of the names and addresses of any clinical nurse specialists,	21554
certified nurse-midwives, or certified nurse practitioners with	21555
whom the applicant is currently collaborating, as defined in	21556
section 4723.01 of the Revised Code. ~~The applicant shall execute~~	21557
~~and deliver the application to the board in a manner prescribed by~~	21558
~~the board.~~ Every person registered under this section shall give	21559
written notice to the state medical board of any change of	21560
principal practice address or residence address or in the list	21561
within thirty days of the change.	21562

(8) The applicant shall report any criminal offense to which	21563
the applicant has pleaded guilty, of which the applicant has been	21564
found guilty, or for which the applicant has been found eligible	21565
for intervention in lieu of conviction, since last filing an	21566
application for a certificate of registration.	21567

(9) The applicant shall execute and deliver the application	21568
to the board in a manner prescribed by the board.	21569

(C) The board shall issue to any person holding a certificate	21570
under this chapter to practice medicine and surgery, osteopathic	21571
medicine and surgery, or podiatric medicine and surgery, upon	21572
application and qualification therefor in accordance with this	21573
section, a certificate of registration under the seal of the	21574
board. A certificate of registration shall be valid for a two-year	21575
period.	21576

(D) Failure of any certificate holder to register and comply	21577
with this section shall operate automatically to suspend the	21578
holder's certificate to practice. Continued practice after the	21579
suspension of the certificate to practice shall be considered as	21580
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	21581
the Revised Code. If the certificate has been suspended pursuant	21582
to this division for two years or less, it may be reinstated. The	21583
board shall reinstate a certificate to practice suspended for	21584
failure to register upon an applicant's submission of a renewal	21585
application, the biennial registration fee, and the applicable	21586
monetary penalty. The penalty for reinstatement shall be fifty	21587
dollars. If the certificate has been suspended pursuant to this	21588
division for more than two years, it may be restored. Subject to	21589
section 4731.222 of the Revised Code, the board may restore a	21590
certificate to practice suspended for failure to register upon an	21591
applicant's submission of a restoration application, the biennial	21592
registration fee, and the applicable monetary penalty and	21593
compliance with sections 4776.01 to 4776.04 of the Revised Code.	21594
The board shall not restore to an applicant a certificate to	21595
practice unless the board, in its discretion, decides that the	21596
results of the criminal records check do not make the applicant	21597
ineligible for a certificate issued pursuant to section 4731.14,	21598
4731.56, or 4731.57 of the Revised Code. The penalty for	21599
restoration shall be one hundred dollars. The board shall deposit	21600
the penalties in accordance with section 4731.24 of the Revised	21601
Code.	21602

(E) If an individual certifies completion of the number of	21603
hours and type of continuing medical education required to receive	21604
a certificate of registration or reinstatement of a certificate to	21605
practice, and the board finds through the random samples it	21606
conducts under this section or through any other means that the	21607
individual did not complete the requisite continuing medical	21608
education, the board may impose a civil penalty of not more than	21609
five thousand dollars. The board's finding shall be made pursuant	21610
to an adjudication under Chapter 119. of the Revised Code and by	21611
an affirmative vote of not fewer than six members.	21612

A civil penalty imposed under this division may be in	21613
addition to or in lieu of any other action the board may take	21614
under section 4731.22 of the Revised Code. The board shall deposit	21615
civil penalties in accordance with section 4731.24 of the Revised	21616
Code.	21617

(F) The state medical board may obtain information not	21618
protected by statutory or common law privilege from courts and	21619
other sources concerning malpractice claims against any person	21620
holding a certificate to practice under this chapter or practicing	21621
as provided in section 4731.36 of the Revised Code.	21622

(G) Each mailing sent by the board under division (B)(2) of	21623
this section to a person registered to practice medicine and	21624
surgery or osteopathic medicine and surgery shall inform the	21625
applicant of the reporting requirement established by division (H)	21626
of section 3701.79 of the Revised Code. At the discretion of the	21627
board, the information may be included on the application for	21628
registration or on an accompanying page.	21629

Sec. 4731.77. When a physician orders a test for the	21630
presence of Lyme disease in a patient, the physician or	21631
physician's delegate shall provide to the patient or patient's	21632
representative a written notice with the following information:	21633

"Your health care provider has ordered a test for the	21634
presence of Lyme disease. Current testing for Lyme disease can be	21635
problematic and may lead to false results. If you are tested for	21636
Lyme disease and the results are positive, this does not	21637
necessarily mean that you have contracted Lyme disease. In the	21638
alternative, if the results are negative, this does not	21639
necessarily mean that you have not contracted Lyme disease. If you	21640
continue to experience symptoms or have other health concerns, you	21641
should contact your health care provider and inquire about the	21642
appropriateness of additional testing or treatment."	21643

The physician or physician's delegate shall obtain a	21644
signature from the patient or patient's representative indicating	21645
receipt of the notice. The document containing the signature shall	21646
be kept in the patient's record.	21647

Sec. 4737.045. (A) To register as a scrap metal dealer or a	21648
bulk merchandise container dealer with the director of public	21649
safety as required by division (B) of section 4737.04 of the	21650
Revised Code, a person shall do all of the following:	21651

(1) Provide the name and street address of the dealer's place	21652
of business;	21653

(2) Provide the name of the primary owner of the business,	21654
and of the manager of the business, if the manager is not the	21655
primary owner;	21656

(3) Provide the electronic mail address of the business;

21657

(4) Provide confirmation that the dealer has the capabilities	21658
to electronically connect with the department of public safety for	21659
the purpose of sending and receiving information;	21660

(5) Provide any other information required by the director in	21661
rules the director adopts pursuant to sections 4737.01 to 4737.045	21662
of the Revised Code;	21663

(6) Pay an initial registration fee of two hundred dollars.

21664

(B) A person engaging in the business of a scrap metal dealer	21665
or a bulk merchandise container dealer in this state on or before	21666
~~the effective date of this section~~September 28, 2012, shall	21667
register with the director not later than January 1, 2013. With	21668
respect to a person who commences engaging in the business of a	21669
scrap metal dealer or a bulk merchandise container dealer after	21670
~~the effective date of this section~~September 28, 2012, the person	21671
shall register with the director pursuant to this section prior to	21672
commencing business as a scrap metal dealer or a bulk merchandise	21673
container dealer.	21674

(C) A registration issued to a scrap metal dealer or a bulk	21675
merchandise container dealer pursuant to this section is valid for	21676
a period of one year. A dealer shall renew the registration in	21677
accordance with the rules adopted by the director and pay a	21678
renewal fee of one hundred fifty dollars to cover the costs of	21679
operating and maintaining the registry created pursuant to	21680
division (E) of this section.	21681

(D) A scrap metal dealer or a bulk merchandise container	21682
dealer registered under this section shall prominently display a	21683
copy of the annual registration certificate received from the	21684
director pursuant to division (E)(2) of this section.	21685

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

21686

(1) Develop and implement, by January 1, 2014, and maintain	21687
as a registry a secure database for use by law enforcement	21688
agencies that is capable of all of the following:	21689

(a) Receiving and securely storing all of the information	21690
required by division (A) of this section and the daily transaction	21691
data that scrap metal dealers and bulk merchandise dealers are	21692
required to send pursuant to division (E)(1) of section 4737.04 of	21693
the Revised Code;	21694

(b) Providing secure search capabilities to law enforcement	21695
agencies for enforcement purposes;	21696

(c) Creating a link and retransmission capability for receipt	21697
of routine scrap theft alerts published by the institute of scrap	21698
recycling industries for transmission to dealers and law	21699
enforcement agencies in the state;	21700

(d) Making the electronic lists prepared pursuant to division	21701
(F)(2) of section 4737.04 of the Revised Code available through an	21702
electronic searchable format for individual law enforcement	21703
agencies and for dealers in the state;	21704

(e) Providing, without charge, interlink programming enabling	21705
the transfer of information to dealers.	21706

(2) Issue, reissue, or deny registration to dealers;

21707

(3) Adopt rules to enforce sections 4737.01 to 4737.045 of	21708
the Revised Code, rules establishing procedures to renew a	21709
registration issued under this section, rules for the format and	21710
maintenance for the records required under division (A) of section	21711
4737.012 of the Revised Code or division (C) of section 4737.04 of	21712
the Revised Code, and rules regarding the delivery of the report	21713
required by division (E)(1) of section 4737.04 of the Revised Code	21714
to the registry, which shall be used exclusively by law	21715
enforcement agencies.	21716

(F) A scrap metal dealer or bulk merchandise container dealer	21717
may search, modify, or update only the dealer's own business data	21718
contained within the registry established in division (E) of this	21719
section.	21720

(G) All fees received by the director pursuant to this	21721
section and division (F) of section 4737.99 of the Revised Code	21722
shall be used to develop and maintain the registry required under	21723
this section. The fees shall be deposited into the ~~security,~~	21724
~~investigations, and policing~~infrastructure protection fund which	21725
is hereby created in ~~section 4501.11 of the Revised Code~~the state	21726
treasury.	21727

Sec. 4741.49. (A) A person holding a license, limited	21728
license, or temporary permit to practice veterinary medicine who	21729
orders a test for the presence of Lyme disease in an animal under	21730
the person's care may report to the department of health any test	21731
result indicating the presence of the disease.	21732

(B) The director of health may adopt rules regarding the	21733
submission of reports described in this section. If rules are	21734
adopted, the rules shall be adopted in accordance with Chapter	21735
119. of the Revised Code.	21736

Sec. 4758.01. As used in this chapter:

21737

(A) "Accredited educational institution" means an educational	21738
institution accredited by an accrediting agency accepted by the	21739
Ohio board of regents.	21740

(B)(1) "Alcohol and other drug clinical counseling	21741
principles, methods, or procedures" means an approach to chemical	21742
dependency counseling that emphasizes the chemical dependency	21743
counselor's role in systematically assisting clients through all	21744
of the following:	21745

(a) Analyzing background and current information;

21746

(b) Exploring possible solutions;

21747

21748

(d) In the case of an independent chemical dependency	21749
counselor-clinical supervisor, independent chemical dependency	21750
counselor, or chemical dependency counselor III only, diagnosing	21751
chemical dependency conditions.	21752

(2) "Alcohol and other drug clinical counseling principles,	21753
methods, or procedures" includes counseling, assessing,	21754
consulting, and referral as they relate to chemical dependency	21755
conditions.	21756

(C) "Alcohol and other drug prevention services" means a	21757
planned process of strategies and activities designed to preclude	21758
the onset of the use of alcohol and other drugs, reduce	21759
problematic use of alcohol and other drugs, or both.	21760

(D) "Chemical dependency conditions" means those conditions	21761
relating to the abuse of or dependency on alcohol or other drugs	21762
that are classified in accepted nosologies, including the	21763
diagnostic and statistical manual of mental disorders and the	21764
international classification of diseases, and in editions of those	21765
nosologies published after December 23, 2002.	21766

(E) "Chemical dependency counseling" means rendering or	21767
offering to render to individuals, groups, or the public a	21768
counseling service involving the application of alcohol and other	21769
drug clinical counseling principles, methods, or procedures to	21770
assist individuals who are abusing or dependent on alcohol or	21771
other drugs.	21772

(F) "Gambling disorder" means a persistent and recurring	21773
maladaptive gambling behavior that is classified in accepted	21774
nosologies, including the diagnostic and statistical manual of	21775
mental disorders and the international classification of diseases,	21776
and in editions of those nosologies published after the effective	21777
date of this section.	21778

(G) Unless the context provides otherwise, "scope of	21779
practice" means the services, methods, and techniques in which and	21780
the areas for which a person who holds a license or, certificate,	21781
or endorsement under this chapter is trained and qualified.	21782

~~(G)~~(H) "Substance abuse professional" has the same meaning as	21783
in 49 C.F.R. 40.3.	21784

~~(H)~~(I) "U.S. department of transportation drug and alcohol	21785
testing program" means a transportation workplace drug and alcohol	21786
testing program governed by 49 C.F.R. part 40.	21787

Sec. 4758.02. (A) Except as provided in section 4758.03 of	21788
the Revised Code, no person shall do any of the following:	21789

(1) Engage in or represent to the public that the person	21790
engages in chemical dependency counseling for a fee, salary, or	21791
other consideration unless the person holds a valid independent	21792
chemical dependency counselor-clinical supervisor license,	21793
independent chemical dependency counselor license, chemical	21794
dependency counselor III license, chemical dependency counselor II	21795
license, or chemical dependency counselor assistant certificate	21796
issued under this chapter;	21797

(2) Use the title "licensed independent chemical dependency	21798
counselor-clinical supervisor," "LICDC-CS," "licensed independent	21799
chemical dependency counselor," "LICDC," "licensed chemical	21800
dependency counselor III," "LCDC III," "licensed chemical	21801
dependency counselor II," "LCDC II," "chemical dependency	21802
counselor assistant," "CDCA," or any other title or description	21803
incorporating the word "chemical dependency counselor" or any	21804
other initials used to identify persons acting in those capacities	21805
unless currently authorized under this chapter to act in the	21806
capacity indicated by the title or initials;	21807

(3) Represent to the public that the person holds a gambling	21808
disorder endorsement unless the person holds a valid gambling	21809
disorder endorsement issued under this chapter;	21810

(4) Represent to the public that the person is a registered	21811
applicant unless the person holds a valid registered applicant	21812
certificate issued under this chapter;	21813

~~(4)~~(5) Use the title "certified prevention specialist II,"	21814
"CPS II," "certified prevention specialist I," "CPS I," "certified	21815
prevention specialist assistant," "CPSA," "registered applicant,"	21816
"RA," or any other title, description, or initials used to	21817
identify persons acting in those capacities unless currently	21818
authorized under this chapter to act in the capacity indicated by	21819
the title or initials.	21820

(B) No person shall engage in or represent to the public that	21821
the person engages in chemical dependency counseling as a chemical	21822
dependency counselor I.	21823

Sec. 4758.06. No individual who holds or has held a license	21824
or, certificate, or endorsement issued under this chapter shall	21825
disclose any information regarding the identity, diagnosis, or	21826
treatment of any of the individual's clients or consumers except	21827
for the purposes and under the circumstances expressly authorized	21828
by 42 U.S.C.A. 290dd-2, regulations promulgated pursuant to that	21829
federal law, other federal law enacted after ~~the effective date of~~	21830
~~this section~~December 23, 2002, to replace 42 U.S.C.A. 290dd-2, or	21831
regulations promulgated under the replacement federal law. The	21832
prohibition of this section applies whether or not the information	21833
is recorded.	21834

Sec. 4758.16. The chemical dependency professionals board	21835
shall not discriminate against any licensee, certificate holder,	21836
endorsement holder, or applicant for a license or, certificate, or	21837
endorsement under this chapter because of the individual's race,	21838
color, religion, gender, national origin, disability as defined in	21839
section 4112.01 of the Revised Code, or age. The board shall	21840
afford a hearing to any individual who files with the board a	21841
statement alleging discrimination based on any of those reasons.	21842

Sec. 4758.20. (A) The chemical dependency professionals board	21843
shall adopt rules to establish, specify, or provide for all of the	21844
following:	21845

(1) Fees for the purposes authorized by section 4758.21 of	21846
the Revised Code;	21847

(2) If the board, pursuant to section 4758.221 of the Revised	21848
Code, elects to administer examinations for individuals seeking to	21849
act as substance abuse professionals in a U.S. department of	21850
transportation drug and alcohol testing program, the board's	21851
administration of the examinations;	21852

(3) For the purpose of section 4758.23 of the Revised Code,	21853
codes of ethical practice and professional conduct for individuals	21854
who hold a license or, certificate, or endorsement issued under	21855
this chapter;	21856

(4) For the purpose of section 4758.24 of the Revised Code,	21857
all of the following:	21858

(a) Good moral character requirements for an individual who	21859
seeks or holds a license or, certificate, or endorsement issued	21860
under this chapter;	21861

(b) The documents that an individual seeking such a license	21862
or, certificate, or endorsement must submit to the board;	21863

(c) Requirements to obtain the license or, certificate, or	21864
endorsement that are in addition to the requirements established	21865
under sections 4758.39, 4758.40, 4758.41, 4758.42, 4758.43,	21866
4758.44, 4758.45, 4758.46, ~~and~~ 4758.47, and 4758.48 of the Revised	21867
Code. The additional requirements may include preceptorships.	21868

(d) The period of time that an individual whose registered	21869
applicant certificate has expired must wait before applying for a	21870
new registered applicant certificate.	21871

(5) For the purpose of section 4758.28 of the Revised Code,	21872
requirements for approval of continuing education courses of study	21873
for individuals who hold a license or, certificate, or endorsement	21874
issued under this chapter;	21875

(6) For the purpose of section 4758.30 of the Revised Code,	21876
the intervention for and treatment of an individual holding a	21877
license or, certificate, or endorsement issued under this chapter	21878
whose abilities to practice are impaired due to abuse of or	21879
dependency on alcohol or other drugs or other physical or mental	21880
condition;	21881

(7) Requirements governing reinstatement of a suspended or	21882
revoked license or, certificate, or endorsement under division (B)	21883
of section 4758.30 of the Revised Code, including requirements for	21884
determining the amount of time an individual must wait to apply	21885
for reinstatement;	21886

(8) For the purpose of section 4758.31 of the Revised Code,	21887
methods of ensuring that all records the board holds pertaining to	21888
an investigation remain confidential during the investigation;	21889

(9) Criteria for employees of the board to follow when	21890
performing their duties under division (B) of section 4758.35 of	21891
the Revised Code;	21892

(10) For the purpose of division (A)(1) of section 4758.39	21893
and division (A)(1) of section 4758.40 of the Revised Code, course	21894
requirements for a degree in a behavioral science or nursing that	21895
shall, at a minimum, include at least forty semester hours in all	21896
of the following courses:	21897

(a) Theories of counseling and psychotherapy;

21898

(b) Counseling procedures;

21899

21900

(d) Relationship therapy;

21901

(e) Research methods and statistics;

21902

(f) Fundamentals of assessment and diagnosis, including	21903
measurement and appraisal;	21904

(g) Psychopathology;

21905

(h) Human development;

21906

(i) Cultural competence in counseling;

21907

(j) Ethics.

21908

(11) For the purpose of division (A)(3) of section 4758.39,	21909
division (A)(3) of section 4758.40, division (A)(3) of section	21910
4758.41, and division (A)(3) of section 4758.42 of the Revised	21911
Code, training requirements for chemical dependency that shall, at	21912
a minimum, include qualifications for the individuals who provide	21913
the training and instruction in all of the following courses:	21914

(a) Theories of addiction;

21915

(b) Counseling procedures and strategies with addicted	21916
populations;	21917

(c) Group process and techniques working with addicted	21918
populations;	21919

(d) Assessment and diagnosis of addiction;

21920

(e) Relationship counseling with addicted populations;

21921

(f) Pharmacology;

21922

(g) Prevention strategies;

21923

(h) Treatment planning;

21924

(i) Legal and ethical issues.

21925

(12) For the purpose of division (B)(2)(b) of section 4758.40	21926
and division (B)(2) of section 4758.41 of the Revised Code,	21927
requirements for the forty clock hours of training on the version	21928
of the diagnostic and statistical manual of mental disorders that	21929
is current at the time of the training, including the number of	21930
the clock hours that must be on substance-related disorders, the	21931
number of the clock hours that must be on chemical dependency	21932
conditions, and the number of the clock hours that must be on	21933
awareness of other mental and emotional disorders;	21934

(13) For the purpose of division (A)(1) of section 4758.41 of	21935
the Revised Code, course requirements for a degree in a behavioral	21936
science or nursing;	21937

(14) For the purpose of division (A) of section 4758.43 of	21938
the Revised Code, training requirements for chemical dependency	21939
counseling that shall, at a minimum, include qualifications for	21940
the individuals who provide the training and instruction in one or	21941
more of the courses listed in division (A)(10) of this section as	21942
selected by the individual seeking the chemical dependency	21943
counselor assistant certificate;	21944

(15) For the purpose of division (A)(2) of section 4758.44 of	21945
the Revised Code, the field of study in which an individual must	21946
obtain at least a bachelor's degree;	21947

(16) For the purpose of division (A)(3) of section 4758.44,	21948
division (A)(3) of section 4758.45, and division (D) of section	21949
4758.46 of the Revised Code, requirements for prevention-related	21950
education;	21951

(17) For the purpose of division (A)(4) of section 4758.44 of	21952
the Revised Code, the number of hours of administrative or	21953
supervisory education that an individual must have;	21954

(18) For the purpose of division (A)(2) of section 4758.45 of	21955
the Revised Code, the field of study in which an individual must	21956
obtain at least an associate's degree;	21957

(19) Standards for the one hundred hours of compensated work	21958
or supervised internship in gambling disorder direct clinical	21959
experience required by division (B)(2) of section 4758.48 of the	21960
Revised Code;	21961

(20) For the purpose of section 4758.51 of the Revised Code,	21962
continuing education requirements for individuals who hold a	21963
license or, certificate, or endorsement issued under this chapter;	21964

~~(20)~~(21) For the purpose of section 4758.51 of the Revised	21965
Code, the number of hours of continuing education that an	21966
individual must complete to have an expired license or,	21967
certificate, or endorsement restored under section 4758.26 of the	21968
Revised Code;	21969

~~(21)~~(22) For the purpose of divisions (A) and (B) of section	21970
4758.52 of the Revised Code, training requirements for chemical	21971
dependency counseling;	21972

~~(22)~~(23) The duties, which may differ, of all of the	21973
following:	21974

(a) An independent chemical dependency counselor-clinical	21975
supervisor licensed under this chapter who supervises a chemical	21976
dependency counselor III under section 4758.56 of the Revised	21977
Code;	21978

(b) An independent chemical dependency counselor-clinical	21979
supervisor, independent chemical dependency counselor, or chemical	21980
dependency counselor III licensed under this chapter who	21981
supervises a chemical dependency counselor assistant under section	21982
4758.59 of the Revised Code;	21983

(c) A prevention specialist II or prevention specialist I	21984
certified under this chapter or independent chemical dependency	21985
counselor-clinical supervisor, independent chemical dependency	21986
counselor, or chemical dependency counselor III licensed under	21987
this chapter who supervises a prevention specialist assistant or	21988
registered applicant under section 4758.61 of the Revised Code.	21989

~~(23)~~(24) The duties of an independent chemical dependency	21990
counselor licensed under this chapter who holds the gambling	21991
disorder endorsement who supervises a chemical dependency	21992
counselor III with the gambling disorder endorsement under section	21993
4758.62 of the Revised Code.	21994

(25) Anything else necessary to administer this chapter.

21995

(B) All rules adopted under this section shall be adopted in	21996
accordance with Chapter 119. of the Revised Code and any	21997
applicable federal laws and regulations.	21998

(C) When it adopts rules under this section, the board may	21999
consider standards established by any national association or	22000
other organization representing the interests of those involved in	22001
chemical dependency counseling or alcohol and other drug	22002
prevention services.	22003

Sec. 4758.21. (A) In accordance with rules adopted under	22004
section 4758.20 of the Revised Code and subject to division (B) of	22005
this section, the chemical dependency professionals board shall	22006
establish, and may from time to time adjust, fees to be charged	22007
for the following:	22008

(1) Admitting an individual to an examination administered	22009
pursuant to section 4758.22 of the Revised Code;	22010

(2) Issuing an initial independent chemical dependency	22011
counselor-clinical supervisor license, independent chemical	22012
dependency counselor license, chemical dependency counselor III	22013
license, chemical dependency counselor II license, chemical	22014
dependency counselor assistant certificate, prevention specialist	22015
II certificate, prevention specialist I certificate, prevention	22016
specialist assistant certificate, or registered applicant	22017
certificate;	22018

(3) Issuing an initial gambling disorder endorsement;

22019

(4) Renewing an independent chemical dependency	22020
counselor-clinical supervisor license, independent chemical	22021
dependency counselor license, chemical dependency counselor III	22022
license, chemical dependency counselor II license, chemical	22023
dependency counselor assistant certificate, prevention specialist	22024
II certificate, prevention specialist I certificate, or prevention	22025
specialist assistant certificate;	22026

~~(4)~~(5) Renewing a gambling disorder endorsement;

22027

(6) Approving continuing education courses under section	22028
4758.28 of the Revised Code;	22029

~~(5)~~(7) Doing anything else the board determines necessary to	22030
administer this chapter.	22031

(B) The fees established under division (A) of this section	22032
are nonrefundable. They shall be in amounts sufficient to cover	22033
the necessary expenses of the board in administering this chapter	22034
and rules adopted under it. The fees for a license or,	22035
certificate, or endorsement and the renewal of a license or,	22036
certificate, or endorsement may differ for the various types of	22037
licenses ~~and~~, certificates, or endorsements, but shall not exceed	22038
one hundred seventy-five dollars each, unless the board determines	22039
that amounts in excess of one hundred seventy-five dollars are	22040
needed to cover its necessary expenses in administering this	22041
chapter and rules adopted under it and the amounts in excess of	22042
one hundred seventy-five dollars are approved by the controlling	22043
board.	22044

(C) All vouchers of the board shall be approved by the	22045
chairperson or executive director of the board, or both, as	22046
authorized by the board.	22047

Sec. 4758.23. (A) In rules adopted under section 4758.20 of	22048
the Revised Code, the chemical dependency professionals board	22049
shall establish codes of ethical practice and professional conduct	22050
for the following:	22051

(1) Individuals who hold a valid independent chemical	22052
dependency counselor-clinical supervisor license, independent	22053
chemical dependency counselor license, chemical dependency	22054
counselor III license, chemical dependency counselor II license,	22055
or chemical dependency counselor assistant certificate issued	22056
under this chapter;	22057

(2) Individuals who hold a valid prevention specialist II	22058
certificate, prevention specialist I certificate, prevention	22059
specialist assistant certificate, or registered applicant	22060
certificate issued under this chapter;	22061

(3) Individuals who hold a valid gambling disorder	22062
endorsement.	22063

(B) The codes for individuals identified under division	22064
(A)(1) of this section shall define unprofessional conduct, which	22065
shall include engaging in a dual relationship with a client,	22066
former client, consumer, or former consumer; committing an act of	22067
sexual abuse, misconduct, or exploitation of a client, former	22068
client, consumer, or former consumer; and, except as permitted by	22069
law, violating client or consumer confidentiality.	22070

(C) The codes for individuals identified under division	22071
(A)(1) of this section may be based on any codes of ethical	22072
practice and professional conduct developed by national	22073
associations or other organizations representing the interests of	22074
those involved in chemical dependency counseling. The codes for	22075
individuals identified under division (A)(2) of this section may	22076
be based on any codes of ethical practice and professional conduct	22077
developed by national associations or other organizations	22078
representing the interests of those involved in alcohol and other	22079
drug prevention services. The board may establish standards in the	22080
codes that are more stringent than those established by the	22081
national associations or other organizations.	22082

Sec. 4758.24. (A) The chemical dependency professionals board	22083
shall issue a license or, certificate, or endorsement under this	22084
chapter to an individual who meets all of the following	22085
requirements:	22086

(1) Is of good moral character as determined in accordance	22087
with rules adopted under section 4758.20 of the Revised Code;	22088

(2) Except as provided in section 4758.241 of the Revised	22089
Code, submits a properly completed application and all other	22090
documentation specified in rules adopted under section 4758.20 of	22091
the Revised Code;	22092

(3) Except as provided in section 4758.241 of the Revised	22093
Code, pays the fee established under section 4758.21 of the	22094
Revised Code for the license or, certificate, or endorsement that	22095
the individual seeks;	22096

(4) Meets the requirements to obtain the license or,	22097
certificate, or endorsement that the individual seeks as specified	22098
in section 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44,	22099
4758.45, 4758.46, or 4758.47, or 4758.48 of the Revised Code;	22100

(5) Meets any additional requirements specified in rules	22101
adopted under section 4758.20 of the Revised Code to obtain the	22102
license or, certificate, or endorsement that the individual seeks.	22103

(B) The board shall not do either of the following:

22104

(1) Issue a certificate to practice as a chemical dependency	22105
counselor I;	22106

(2) Issue a new registered applicant certificate to an	22107
individual whose previous registered applicant certificate has	22108
been expired for less than the period of time specified in rules	22109
adopted under section 4758.20 of the Revised Code.	22110

Sec. 4758.26. (A) Subject to section 4758.30 of the Revised	22111
Code, a license or, certificate, or endorsement issued under this	22112
chapter expires the following period of time after it is issued:	22113

(1) In the case of an initial chemical dependency counselor	22114
assistant certificate, thirteen months;	22115

(2) In the case of any other license or, certificate, or	22116
endorsement, two years.	22117

(B) Subject to section 4758.30 of the Revised Code and except	22118
as provided in section 4758.27 of the Revised Code, the chemical	22119
dependency professionals board shall renew a license or,	22120
certificate, or endorsement issued under this chapter in	22121
accordance with the standard renewal procedure established under	22122
Chapter 4745. of the Revised Code if the individual seeking the	22123
renewal pays the renewal fee established under section 4758.21 of	22124
the Revised Code and does the following:	22125

(1) In the case of an individual seeking renewal of an	22126
initial chemical dependency counselor assistant certificate,	22127
satisfies the additional training requirement established under	22128
section 4758.52 of the Revised Code;	22129

(2) In the case of any other individual, satisfies the	22130
continuing education requirements established under section	22131
4758.51 of the Revised Code.	22132

(C) Subject to section 4758.30 of the Revised Code and except	22133
as provided in section 4758.27 of the Revised Code, a license or,	22134
certificate, or endorsement issued under this chapter that has	22135
expired may be restored if the individual seeking the restoration,	22136
not later than two years after the license or, certificate, or	22137
endorsement expires, applies for restoration of the license or,	22138
certificate, or endorsement. The board shall issue a restored	22139
license or, certificate, or endorsement to the individual if the	22140
individual pays the renewal fee established under section 4758.21	22141
of the Revised Code and does the following:	22142

(1) In the case of an individual whose initial chemical	22143
dependency counselor assistant certificate expired, satisfies the	22144
additional training requirement established under section 4758.52	22145
of the Revised Code;	22146

(2) In the case of any other individual, satisfies the	22147
continuing education requirements established under section	22148
4758.51 of the Revised Code for restoring the license or,	22149
certificate, or endorsement.	22150

The board shall not require an individual to take an	22151
examination as a condition of having an expired license or,	22152
certificate, or endorsement restored under this section.	22153

Sec. 4758.28. The chemical dependency professionals board	22154
shall approve, in accordance with rules adopted under section	22155
4758.20 of the Revised Code and subject to payment of the fee	22156
established under section 4758.21 of the Revised Code, continuing	22157
education courses of study for individuals who hold a license or,	22158
certificate, or endorsement issued under this chapter.	22159

Sec. 4758.29. On receipt of a notice pursuant to section	22160
3123.43 of the Revised Code, the chemical dependency professionals	22161
board shall comply with sections 3123.41 to 3123.50 of the Revised	22162
Code and any applicable rules adopted under section 3123.63 of the	22163
Revised Code with respect to a license or, certificate, or	22164
endorsement issued pursuant to this chapter.	22165

Sec. 4758.30. (A) The chemical dependency professionals	22166
board, in accordance with Chapter 119. of the Revised Code, may	22167
refuse to issue a license or, certificate, or endorsement applied	22168
for under this chapter; refuse to renew or restore a license or,	22169
certificate, or endorsement issued under this chapter; suspend,	22170
revoke, or otherwise restrict a license or, certificate, or	22171
endorsement issued under this chapter; or reprimand an individual	22172
holding a license or, certificate, or endorsement issued under	22173
this chapter. These actions may be taken by the board regarding	22174
the applicant for a license or, certificate, or endorsement or the	22175
individual holding a license or, certificate, or endorsement for	22176
one or more of the following reasons:	22177

(1) Violation of any provision of this chapter or rules	22178
adopted under it;	22179

(2) Knowingly making a false statement on an application for	22180
a license or, certificate, or endorsement or for renewal,	22181
restoration, or reinstatement of a license or, certificate, or	22182
endorsement;	22183

(3) Acceptance of a commission or rebate for referring an	22184
individual to a person who holds a license or certificate issued	22185
by, or who is registered with, an entity of state government,	22186
including persons practicing chemical dependency counseling,	22187
alcohol and other drug prevention services, gambling disorder	22188
counseling, or fields related to chemical dependency counseling,	22189
gambling disorder counseling, or alcohol and other drug prevention	22190
services;	22191

(4) Conviction in this or any other state of any crime that	22192
is a felony in this state;	22193

(5) Conviction in this or any other state of a misdemeanor	22194
committed in the course of practice as an independent chemical	22195
dependency counselor-clinical supervisor, independent chemical	22196
dependency counselor, chemical dependency counselor III, chemical	22197
dependency counselor II, chemical dependency counselor assistant,	22198
prevention specialist II, gambling disorder endorsee, prevention	22199
specialist I, prevention specialist assistant, or registered	22200
applicant;	22201

(6) Inability to practice as an independent chemical	22202
dependency counselor-clinical supervisor, independent chemical	22203
dependency counselor, chemical dependency counselor III, chemical	22204
dependency counselor II, chemical dependency counselor assistant,	22205
gambling disorder endorsee, prevention specialist II, prevention	22206
specialist I, prevention specialist assistant, or registered	22207
applicant due to abuse of or dependency on alcohol or other drugs	22208
or other physical or mental condition;	22209

(7) Practicing outside the individual's scope of practice;

22210

(8) Practicing without complying with the supervision	22211
requirements specified under section 4758.56, 4758.59, or 4758.61,	22212
or 4758.62 of the Revised Code;	22213

(9) Violation of the code of ethical practice and	22214
professional conduct for chemical dependency counseling or,	22215
alcohol and other drug prevention, or gambling disorder counseling	22216
services adopted by the board pursuant to section 4758.23 of the	22217
Revised Code;	22218

(10) Revocation of a license or, certificate, or endorsement	22219
or voluntary surrender of a license or, certificate, or	22220
endorsement in another state or jurisdiction for an offense that	22221
would be a violation of this chapter.	22222

(B) An individual whose license or, certificate, or	22223
endorsement has been suspended or revoked under this section may	22224
apply to the board for reinstatement after an amount of time the	22225
board shall determine in accordance with rules adopted under	22226
section 4758.20 of the Revised Code. The board may accept or	22227
refuse an application for reinstatement. The board may require an	22228
examination for reinstatement of a license or, certificate, or	22229
endorsement that has been suspended or revoked.	22230

Sec. 4758.31. The chemical dependency professionals board	22231
shall investigate alleged violations of this chapter or the rules	22232
adopted under it and alleged irregularities in the delivery of	22233
chemical dependency counseling services, gambling disorder	22234
counseling services, or alcohol and other drug prevention services	22235
by individuals who hold a license or, certificate, or endorsement	22236
issued under this chapter. As part of an investigation, the board	22237
may issue subpoenas, examine witnesses, and administer oaths.	22238

The board may receive any information necessary to conduct an	22239
investigation under this section that has been obtained in	22240
accordance with federal laws and regulations. If the board is	22241
investigating the provision of chemical dependency counseling	22242
services or gambling disorder counseling services to a couple or	22243
group, it is not necessary for both members of the couple or all	22244
members of the group to consent to the release of information	22245
relevant to the investigation.	22246

The board shall ensure, in accordance with rules adopted	22247
under section 4758.20 of the Revised Code, that all records it	22248
holds pertaining to an investigation remain confidential during	22249
the investigation. After the investigation, the records are public	22250
records except as otherwise provided by federal or state law.	22251

Sec. 4758.35. (A) An individual seeking a license or,	22252
certificate, or endorsement issued under this chapter shall file	22253
with the chemical dependency professionals board a written	22254
application on a form prescribed by the board. Each form shall	22255
state that a false statement made on the form is the crime of	22256
falsification under section 2921.13 of the Revised Code.	22257

(B) The board shall require an individual or individuals	22258
employed by the board under section 4758.15 of the Revised Code to	22259
do both of the following in accordance with criteria established	22260
by rules adopted under section 4758.20 of the Revised Code:	22261

(1) Receive and review all applications submitted to the	22262
board;	22263

(2) Submit to the board all applications the individual or	22264
individuals recommend the board review based on the criteria	22265
established in the rules.	22266

(C) The board shall review all applications submitted to the	22267
board pursuant to division (B)(2) of this section.	22268

Sec. 4758.36. As part of the review process under division	22269
(C) of section 4758.35 of the Revised Code of an application	22270
submitted by an applicant who has obtained the applicant's	22271
education, experience in chemical dependency counseling, gambling	22272
disorder, or alcohol and other drug prevention services, or	22273
education and experience outside the United States, the chemical	22274
dependency professionals board shall determine whether the	22275
applicant's command of the English language and education or	22276
experience meet the standards required by this chapter and rules	22277
adopted under it.	22278

Sec. 4758.48. An individual is not eligible for a gambling	22279
disorder endorsement unless the individual meets the requirements	22280
of divisions (A) and (B) of this section.	22281

(A) The individual is an independent chemical dependency	22282
counselor, chemical dependency counselor III, or chemical	22283
dependency counselor II licensed under this chapter.	22284

(B) Except as otherwise provided in this division, the	22285
individual has completed both of the following:	22286

(1) A minimum of thirty hours of gambling disorder training	22287
that meets the requirements prescribed in rules adopted under	22288
section 4758.20 of the Revised Code; and	22289

(2) A minimum of one hundred hours of compensated work or	22290
supervised internship in gambling disorder direct clinical	22291
experience.	22292

An individual may be issued an initial gambling disorder	22293
endorsement without having complied with division (B)(2) of this	22294
section, but the individual shall comply with division (B)(2) of	22295
this section before expiration of the initial endorsement. An	22296
individual who fails to comply with this paragraph is not entitled	22297
to renewal of the initial endorsement.	22298

Sec. 4758.50. An individual who holds a license or,	22299
certificate, or endorsement issued under this chapter shall post	22300
the license or, certificate, or endorsement in a prominent place	22301
at the individual's place of employment.	22302

Sec. 4758.51. (A) Except as provided in division (C) of this	22303
section and in accordance with rules adopted under section 4758.20	22304
of the Revised Code, each individual who holds a license or,	22305
certificate, or endorsement issued under this chapter, other than	22306
an initial chemical dependency counselor assistant certificate,	22307
shall complete during the period that the license or, certificate,	22308
or endorsement is in effect not less than the following number of	22309
clock hours of continuing education as a condition of receiving a	22310
renewed license or, certificate, or endorsement:	22311

(1) In the case of an individual holding a prevention	22312
specialist assistant certificate, twenty;	22313

(2) In the case of an individual holding a gambling disorder	22314
endorsement, six;	22315

(3) In the case of any other individual, forty.

22316

(B) Except as provided in division (C) of this section, an	22317
individual whose license or, certificate, or endorsement issued	22318
under this chapter, other than an initial chemical dependency	22319
counselor assistant certificate, has expired shall complete the	22320
number of hours of continuing education specified in rules adopted	22321
under section 4758.20 of the Revised Code as a condition of	22322
receiving a restored license or, certificate, or endorsement.	22323

(C) The chemical dependency professionals board may waive the	22324
continuing education requirements established under this section	22325
for individuals who are unable to fulfill them because of military	22326
service, illness, residence outside the United States, or any	22327
other reason the board considers acceptable.	22328

Sec. 4758.55. In addition to practicing chemical dependency	22329
counseling, an individual holding a valid independent chemical	22330
dependency counselor license may do all of the following:	22331

(A) Diagnose and treat chemical dependency conditions;

22332

(B) Perform treatment planning, assessment, crisis	22333
intervention, individual and group counseling, case management,	22334
and education services as they relate to abuse of and dependency	22335
on alcohol and other drugs;	22336

(C) Provide clinical supervision of chemical dependency	22337
counseling under the supervision of any of the following:	22338

(1) An independent chemical dependency counselor-clinical	22339
supervisor licensed under this chapter;	22340

(2) An individual authorized under Chapter 4731. of the	22341
Revised Code to practice medicine and surgery or osteopathic	22342
medicine and surgery;	22343

(3) A psychologist licensed under Chapter 4732. of the	22344
Revised Code;	22345

(4) A registered nurse licensed under Chapter 4723. of the	22346
Revised Code or licensed professional clinical counselor,	22347
independent social worker, or independent marriage and family	22348
therapist licensed under Chapter 4757. of the Revised Code if such	22349
supervision is consistent with the scope of practice of the	22350
registered nurse, licensed professional clinical counselor,	22351
independent social worker, or independent marriage and family	22352
therapist;	22353

(5) An individual authorized to practice as a certified nurse	22354
practitioner or clinical nurse specialist under Chapter 4723. of	22355
the Revised Code.	22356

(D) Refer individuals with nonchemical dependency conditions	22357
to appropriate sources of help.	22358

Sec. 4758.561. Any of the following professionals may	22359
supervise a chemical dependency counselor III for purposes of	22360
divisions (A)(1) and (4) of section 4758.56 of the Revised Code:	22361

(A) An independent chemical dependency counselor-clinical	22362
supervisor licensed under this chapter;	22363

(B) An individual authorized under Chapter 4731. of the	22364
Revised Code to practice medicine and surgery or osteopathic	22365
medicine and surgery;	22366

(C) A psychologist licensed under Chapter 4732. of the	22367
Revised Code;	22368

(D) A registered nurse licensed under Chapter 4723. of the	22369
Revised Code or licensed professional clinical counselor,	22370
independent social worker, or independent marriage and family	22371
therapist licensed under Chapter 4757. of the Revised Code if such	22372
supervision is consistent with the scope of practice of the	22373
registered nurse, licensed professional clinical counselor,	22374
independent social worker, or independent marriage and family	22375
therapist;	22376

(E) An individual authorized to practice as a certified nurse	22377
practitioner or clinical nurse specialist under Chapter 4723. of	22378
the Revised Code.	22379

Sec. 4758.59. (A) Subject to division (B) of this section, an	22380
individual holding a valid chemical dependency counselor assistant	22381
certificate may do both of the following in addition to practicing	22382
chemical dependency counseling:	22383

(1) Perform treatment planning, assessment, crisis	22384
intervention, individual and group counseling, case management,	22385
and education services as they relate to abuse of or dependency on	22386
alcohol and other drugs;	22387

(2) Refer individuals with nonchemical dependency conditions	22388
to appropriate sources of help.	22389

(B) An individual holding a valid chemical dependency	22390
counselor assistant certificate may practice chemical dependency	22391
counseling and perform the tasks specified in division (A) of this	22392
section only while under the supervision of any of the following:	22393

(1) An independent chemical dependency counselor-clinical	22394
supervisor, independent chemical dependency counselor, or chemical	22395
dependency counselor III licensed under this chapter;	22396

(2) An individual authorized under Chapter 4731. of the	22397
Revised Code to practice medicine and surgery or osteopathic	22398
medicine and surgery;	22399

(3) A psychologist licensed under Chapter 4732. of the	22400
Revised Code;	22401

(4) A registered nurse licensed under Chapter 4723. of the	22402
Revised Code or licensed professional clinical counselor,	22403
independent social worker, or independent marriage and family	22404
therapist licensed under Chapter 4757. of the Revised Code if such	22405
supervision is consistent with the scope of practice of the	22406
registered nurse, licensed professional clinical counselor,	22407
independent social worker, or independent marriage and family	22408
therapist;	22409

(5) An individual authorized to practice as a certified nurse	22410
practitioner or clinical nurse specialist under Chapter 4723. of	22411
the Revised Code.	22412

(C) A chemical dependency counselor assistant may not	22413
practice as an individual practitioner.	22414

Sec. 4758.60. An individual who holds a valid prevention	22415
specialist II certificate or prevention specialist I certificate	22416
issued under this chapter may engage in the practice of ~~alcohol~~	22417
~~and other drug~~ prevention services as specified in rules adopted	22418
under section 4758.20 of the Revised Code.	22419

Sec. 4758.61. An individual who holds a valid prevention	22420
specialist assistant certificate or registered applicant	22421
certificate issued under this chapter may engage in the practice	22422
of alcohol and other drug prevention services under the	22423
supervision of any of the following:	22424

(A) A prevention specialist II or prevention specialist I	22425
certified under this chapter;	22426

(B) An independent chemical dependency counselor-clinical	22427
supervisor, an independent chemical dependency counselor, or a	22428
chemical dependency counselor III licensed under this chapter;	22429

(C) An individual authorized under Chapter 4731. of the	22430
Revised Code to practice medicine and surgery or osteopathic	22431
medicine and surgery;	22432

(D) A psychologist licensed under Chapter 4732. of the	22433
Revised Code;	22434

(E) A registered nurse licensed under Chapter 4723. of the	22435
Revised Code;	22436

(F) A licensed professional clinical counselor, a licensed	22437
professional counselor, an independent social worker, a social	22438
worker, an independent marriage and family therapist, or a	22439
marriage and family therapist licensed under Chapter 4757. of the	22440
Revised Code;	22441

(G) A school counselor licensed by the department of	22442
education pursuant to section 3319.22 of the Revised Code;	22443

(H) A health education specialist certified by the national	22444
commission for health education credentialing;	22445

(I) An individual authorized to practice as a certified nurse	22446
practitioner or clinical nurse specialist under Chapter 4723. of	22447
the Revised Code.	22448

Sec. 4758.62. An individual who holds an independent	22449
chemical dependency counselor license and a gambling disorder	22450
endorsement may do all of the following:	22451

(A) Diagnose and treat gambling disorder conditions;

22452

(B) Perform treatment planning, assessment, crisis	22453
intervention, individual and group counseling, case management,	22454
and educational services insofar as those functions relate to	22455
gambling disorders;	22456

22457

(D) Refer individuals with other gambling conditions to	22458
appropriate sources of help.	22459

Sec. 4758.63. An individual who holds a chemical dependency	22460
counselor III license and a gambling disorder endorsement may do	22461
all of the following:	22462

(A) Treat gambling disorder conditions;

22463

(B) Diagnose gambling disorder conditions under supervision;

22464

(C) Perform treatment planning, assessment, crisis	22465
intervention, individual and group counseling, case management,	22466
and educational services insofar as those functions relate to	22467
gambling disorders;	22468

(D) Supervise gambling disorder counseling under supervision;	22469
and	22470

(E) Refer individuals with other gambling conditions to	22471
appropriate sources of help.	22472

The supervision required by divisions (B) and (D) of this	22473
section shall be provided by an independent chemical dependency	22474
counselor licensed under this chapter; an individual authorized to	22475
practice medicine and surgery or osteopathic medicine and surgery	22476
under Chapter 4731. of the Revised Code; a psychologist licensed	22477
under Chapter 4732. of the Revised Code; an individual authorized	22478
to practice as a certified nurse practitioner or clinical nurse	22479
specialist under Chapter 4723. of the Revised Code; a registered	22480
nurse licensed under Chapter 4723. of the Revised Code; or a	22481
professional clinical counselor, independent social worker, or	22482
independent marriage and family therapist licensed under Chapter	22483
4757. of the Revised Code.	22484

An individual holding a chemical dependency counselor III	22485
license shall not practice as an individual practitioner.	22486

Sec. 4758.64. An individual who holds a chemical dependency	22487
counselor II license and a gambling disorder endorsement may do	22488
all of the following:	22489

(A) Treat gambling disorder conditions;

22490

(B) Perform treatment planning, assessment, crisis	22491
intervention, individual and group counseling, case management,	22492
and educational services insofar as those functions relate to	22493
gambling disorders; and	22494

(C) Refer individuals with other gambling conditions to	22495
appropriate sources of help.	22496

An individual holding a chemical dependency II license shall	22497
not practice as an individual practitioner.	22498

Sec. 4758.71. Nothing in this chapter or the rules adopted	22499
under it authorizes an individual who holds a license or,	22500
certificate, or endorsement issued under this chapter to admit a	22501
patient to a hospital or requires a hospital to allow any such	22502
individual to admit a patient.	22503

Sec. 4781.04. (A) The manufactured homes commission shall	22504
adopt rules pursuant to Chapter 119. of the Revised Code to do all	22505
of the following:	22506

(1) Establish uniform standards that govern the installation	22507
of manufactured housing. Not later than one hundred eighty days	22508
after the secretary of the United States department of housing and	22509
urban development adopts model standards for the installation of	22510
manufactured housing or amends those standards, the commission	22511
shall amend its standards as necessary to be consistent with, and	22512
not less stringent than, the model standards for the design and	22513
installation of manufactured housing the secretary adopts or any	22514
manufacturers' standards that the secretary determines are equal	22515
to or not less stringent than the model standards.	22516

(2) Govern the inspection of the installation of manufactured	22517
housing. The rules shall specify that the commission, any building	22518
department or personnel of any department, or any private third	22519
party, certified pursuant to section 4781.07 of the Revised Code	22520
shall conduct all inspections of the installation of manufactured	22521
housing located in manufactured home parks to determine compliance	22522
with the uniform installation standards the commission establishes	22523
pursuant to this section.	22524

(3) Govern the design, construction, installation, approval,	22525
and inspection of foundations and the base support systems for	22526
manufactured housing. The rules shall specify that the commission,	22527
any building department or personnel of any department, or any	22528
private third party, certified pursuant to section 4781.07 of the	22529
Revised Code shall conduct all inspections of the installation,	22530
foundations, and base support systems of manufactured housing	22531
located in manufactured home parks to determine compliance with	22532
the uniform installation standards and foundation and base support	22533
system design the commission establishes pursuant to this section.	22534

(4) Govern the training, experience, and education	22535
requirements for manufactured housing installers, manufactured	22536
housing dealers, manufactured housing brokers, and manufactured	22537
housing salespersons;	22538

(5) Establish a code of ethics for manufactured housing	22539
installers;	22540

(6) Govern the issuance, revocation, and suspension of	22541
licenses to manufactured housing installers;	22542

(7) Establish fees for the issuance and renewal of licenses,	22543
for conducting inspections to determine an applicant's compliance	22544
with this chapter and the rules adopted pursuant to it, and for	22545
the commission's expenses incurred in implementing this chapter;	22546

(8) Establish conditions under which a licensee may enter	22547
into contracts to fulfill the licensee's responsibilities;	22548

(9) Govern the investigation of complaints concerning any	22549
violation of this chapter or the rules adopted pursuant to it or	22550
complaints involving the conduct of any licensed manufactured	22551
housing installer or person installing manufactured housing	22552
without a license, licensed manufactured housing dealer, licensed	22553
manufactured housing broker, or manufactured housing salesperson;	22554

(10) Establish a dispute resolution program for the timely	22555
resolution of warranty issues involving new manufactured homes,	22556
disputes regarding responsibility for the correction or repair of	22557
defects in manufactured housing, and the installation of	22558
manufactured housing. The rules shall provide for the timely	22559
resolution of disputes between manufacturers, manufactured housing	22560
dealers, and installers regarding the correction or repair of	22561
defects in manufactured housing that are reported by the purchaser	22562
of the home during the one-year period beginning on the date of	22563
installation of the home. The rules also shall provide that	22564
decisions made regarding the dispute under the program are not	22565
binding upon the purchaser of the home or the other parties	22566
involved in the dispute unless the purchaser so agrees in a	22567
written acknowledgement that the purchaser signs and delivers to	22568
the program within ten business days after the decision is issued.	22569

(11) Establish the requirements and procedures for the	22570
certification of building departments and building department	22571
personnel pursuant to section 4781.07 of the Revised Code;	22572

(12) Establish fees to be charged to building departments and	22573
building department personnel applying for certification and	22574
renewal of certification pursuant to section 4781.07 of the	22575
Revised Code;	22576

(13) Develop a policy regarding the maintenance of records	22577
for any inspection authorized or conducted pursuant to this	22578
chapter. Any record maintained under division (A)(13) of this	22579
section shall be a public record under section 149.43 of the	22580
Revised Code.	22581

(14) Carry out any other provision of this chapter.

22582

(B) The manufactured homes commission shall do all of the	22583
following:	22584

(1) Prepare and administer a licensure examination to	22585
determine an applicant's knowledge of manufactured housing	22586
installation and other aspects of installation the commission	22587
determines appropriate;	22588

(2) Select, provide, or procure appropriate examination	22589
questions and answers for the licensure examination and establish	22590
the criteria for successful completion of the examination;	22591

(3) Prepare and distribute any application form this chapter	22592
requires;	22593

(4) Receive applications for licenses and renewal of licenses	22594
and issue licenses to qualified applicants;	22595

(5) Establish procedures for processing, approving, and	22596
disapproving applications for licensure;	22597

(6) Retain records of applications for licensure, including	22598
all application materials submitted and a written record of the	22599
action taken on each application;	22600

(7) Review the design and plans for manufactured housing	22601
installations, foundations, and support systems;	22602

(8) Inspect a sample of homes at a percentage the commission	22603
determines to evaluate the construction and installation of	22604
manufactured housing installations, foundations, and support	22605
systems to determine compliance with the standards the commission	22606
adopts;	22607

(9) Investigate complaints concerning violations of this	22608
chapter or the rules adopted pursuant to it, or the conduct of any	22609
manufactured housing installer, manufactured housing dealer,	22610
manufactured housing broker, or manufactured housing salesperson;	22611

(10) Determine appropriate disciplinary actions for	22612
violations of this chapter;	22613

(11) Conduct audits and inquiries of manufactured housing	22614
installers, manufactured housing dealers, and manufactured housing	22615
brokers as appropriate for the enforcement of this chapter. The	22616
commission, or any person the commission employs for the purpose,	22617
may review and audit the business records of any manufactured	22618
housing installer, dealer, or broker during normal business hours.	22619

(12) Approve an installation training course, which may be	22620
offered by the Ohio manufactured homes association or other	22621
entity;	22622

(13) Perform any function or duty necessary to administer	22623
this chapter and the rules adopted pursuant to it.	22624

(C) Nothing in this section, or in any rule adopted by the	22625
manufactured homes commission, shall be construed to limit the	22626
authority of a board of health to enforce section 3701.344 or	22627
Chapters 3703., 3718., and 3781. of the Revised Code or limit the	22628
authority of the department of administrative services to lease	22629
space for the use of a state agency and to group together state	22630
offices in any city in the state as provided in section 123.01 of	22631
the Revised Code.	22632

Sec. 4901.05. Each public utilities commissioner shall be a	22633
bona fide resident of this state and shall not, during ~~his~~the	22634
commissioner's term of office, hold any other office ~~under the~~	22635
~~government of the United States, or of this state, or of any~~	22636
~~political subdivision thereof, either~~ of trust or profit. No	22637
commissioner shall engage in any occupation or business	22638
inconsistent with ~~his~~the commissioner's duties as commissioner,	22639
but shall devote ~~his~~ entire time to the duties of ~~his~~that office.	22640

As used in this section only, "office of trust or profit"	22641
means:	22642

(A) A federal or state elective office or an elected office	22643
of a political subdivision of the state;	22644

(B) A position on a board or commission of the state that is	22645
appointed by the governor;	22646

(C) An office set forth in section 121.03, 121.04, or 121.05	22647
of the Revised Code;	22648

(D) An office of the government of the United States that is	22649
appointed by the president of the United States.	22650

Sec. 4905.911. (A)(1) Except as provided in division (A)(2)	22651
of this section:	22652

(a) The public utilities commission shall require an operator	22653
of either of the following types of pipelines that was completely	22654
constructed on or after ~~the effective date of this section~~	22655
September 10, 2012, and that transports gas produced by a	22656
horizontal well to comply with the applicable pipe design	22657
requirements of 49 C.F.R. 192 subpart C:	22658

~~(a)~~(i) A gas gathering pipeline;

22659

~~(b)~~(ii) A processing plant gas stub pipeline.

22660

~~(2)~~(b) The commission shall also require the operator to do	22661
all of the following regarding that pipeline:	22662

~~(a)~~(i) Design, install, construct, initially inspect, and	22663
initially test the pipeline in accordance with the requirements of	22664
49 C.F.R. 192 if the pipeline is new, replaced, relocated, or	22665
otherwise changed;	22666

~~(b)~~(ii) Control corrosion according to requirements of 49	22667
C.F.R. 192 subpart I if the pipeline is metallic;	22668

~~(c)~~(iii) Establish and carry out a damage prevention program	22669
under 49 C.F.R. 192.614;	22670

~~(d)~~(iv) Establish and carry out a public education program	22671
under 49 C.F.R. 192.616;	22672

~~(e)~~(v) Establish the MAOP of the pipeline under 49 C.F.R.	22673
192.619;	22674

~~(f)~~(vi) Install and maintain pipeline markers according to	22675
the requirements for transmission lines under 49 C.F.R. 192.707;	22676

~~(g)~~(vii) Perform leakage surveys according to requirements in	22677
49 C.F.R. 192.706;	22678

~~(h)~~(viii) Retain a record of each required leakage survey	22679
conducted under division (A)~~(2)(g)~~(1)(b)(vii) of this section and	22680
49 C.F.R. 192.706 for five years or until the next leakage survey	22681
is completed, whichever time period is longer.	22682

(2) The commission may, at its discretion and in accordance	22683
with subsection (d) of 49 U.S.C. 60118, waive compliance with a	22684
pipe design requirement of 49 C.F.R. 192 subpart C.	22685

(B)(1) Any person who plans to construct a pipeline subject	22686
to division (A) of this section after ~~the effective date of this~~	22687
~~section~~September 10, 2012, shall file with the public utilities	22688
commission division of pipeline safety a form approved by the	22689
division that includes all of the following information:	22690

(a) The route of the proposed pipeline;

22691

(b) The MAOP of the pipeline;

22692

22693

(d) The wall thickness of the pipeline;

22694

(e) The material that the pipeline will be made of;

22695

(f) The yield strength of the pipeline.

22696

The form shall be filed with the division not later than	22697
twenty-one days prior to the commencement of construction of the	22698
pipeline.	22699

(2) Not later than sixty days after the completion of	22700
construction of a pipeline subject to division (B)(1) of this	22701
section, the operator of the pipeline shall file with the public	22702
utilities commission division of pipeline safety an explanation of	22703
the constructed pipeline's route and operating information.	22704

22705

(1) "Horizontal well" has the same meaning as in section	22706
1509.01 of the Revised Code.	22707

(2) "Operator" means any person that owns, operates, manages,	22708
controls, or leases a gas gathering pipeline or a processing plant	22709
gas stub pipeline.	22710

Sec. 4906.20. (A) No person shall commence to construct an	22711
economically significant wind farm in this state without first	22712
having obtained a certificate from the power siting board. An	22713
economically significant wind farm with respect to which such a	22714
certificate is required shall be constructed, operated, and	22715
maintained in conformity with that certificate and any terms,	22716
conditions, and modifications it contains. A certificate shall be	22717
issued only pursuant to this section. The certificate may be	22718
transferred, subject to the approval of the board, to a person	22719
that agrees to comply with those terms, conditions, and	22720
modifications.	22721

(B) The board shall adopt rules governing the certificating	22722
of economically significant wind farms under this section. Initial	22723
rules shall be adopted within one hundred twenty days after June	22724
24, 2008.	22725

(1) The rules shall provide for an application process for	22726
certificating economically significant wind farms that is	22727
identical to the extent practicable to the process applicable to	22728
certificating major utility facilities under sections 4906.06,	22729
4906.07, 4906.08, 4906.09, 4906.10, 4906.11, and 4906.12 of the	22730
Revised Code and shall prescribe a reasonable schedule of	22731
application filing fees structured in the manner of the schedule	22732
of filing fees required for major utility facilities.	22733

(2) Additionally, the rules shall prescribe reasonable	22734
regulations regarding any wind turbines and associated facilities	22735
of an economically significant wind farm, including, but not	22736
limited to, their location, erection, construction,	22737
reconstruction, change, alteration, maintenance, removal, use, or	22738
enlargement and including erosion control, aesthetics,	22739
recreational land use, wildlife protection, interconnection with	22740
power lines and with regional transmission organizations,	22741
independent transmission system operators, or similar	22742
organizations, ice throw, sound and noise levels, blade shear,	22743
shadow flicker, decommissioning, and necessary cooperation for	22744
site visits and enforcement investigations. ~~The~~	22745

(a) The rules also shall prescribe a minimum setback for a	22746
wind turbine of an economically significant wind farm. That	22747
minimum shall be equal to a horizontal distance, from the	22748
turbine's base to the property line of the wind farm property,	22749
equal to one and one-tenth times the total height of the turbine	22750
structure as measured from its base to the tip of its highest	22751
blade and be at least one thousand one hundred twenty-five feet in	22752
horizontal distance from the tip of the turbine's nearest blade at	22753
ninety degrees to ~~the exterior of~~property line of the nearest,	22754
~~habitable, residential structure, if any, located on~~ adjacent	22755
property at the time of the certification application. ~~For~~	22756

(b)(i) For any existing certificates and amendments thereto,	22757
and existing certification applications that have been found by	22758
the chairperson to be in compliance with division (A) of section	22759
4906.06 of the Revised Code before the effective date of the	22760
amendment of this section by H.B. 59 of the 130th general	22761
assembly, September 29, 2013, the distance shall be seven hundred	22762
fifty feet instead of one thousand one hundred twenty-five feet.	22763
~~The~~	22764

(ii) Any amendment made to an existing certificate after the	22765
effective date of the amendment of this section by H.B. 483 of the	22766
130th general assembly shall be subject to the setback provision	22767
of this section as amended by that act. The amendments to this	22768
section by that act shall not be construed to limit or abridge any	22769
rights or remedies in equity or under the common law.	22770

(c) The setback shall apply in all cases except those in	22771
which all owners of property adjacent to the wind farm property	22772
waive application of the setback to that property pursuant to a	22773
procedure the board shall establish by rule and except in which,	22774
in a particular case, the board determines that a setback greater	22775
than the minimum is necessary.	22776

Sec. 4906.201. (A) An electric generating plant that consists	22777
of wind turbines and associated facilities with a single	22778
interconnection to the electrical grid that is designed for, or	22779
capable of, operation at an aggregate capacity of fifty megawatts	22780
or more is subject to the minimum setback requirements established	22781
in rules adopted by the power siting board under division (B)(2)	22782
of section 4906.20 of the Revised Code. ~~For~~	22783

(B)(1) For any existing certificates and amendments thereto,	22784
and existing certification applications that have been found by	22785
the chairperson to be in compliance with division (A) of section	22786
4906.06 of the Revised Code before the effective date of the	22787
amendment of this section by H.B. 59 of the 130th general	22788
assembly, September 29, 2013, the distance shall be seven hundred	22789
fifty feet instead of one thousand one hundred twenty-five feet.	22790

(2) Any amendment made to an existing certificate after the	22791
effective date of the amendment of this section by H.B. 483 of the	22792
130th general assembly, shall be subject to the setback provision	22793
of this section as amended by that act. The amendments to this	22794
section by that act shall not be construed to limit or abridge any	22795
rights or remedies in equity or under the common law.	22796

Sec. 4923.02. (A) As used in this chapter, "private motor	22797
carrier" does not include a person when engaged in any of the	22798
following in intrastate commerce:	22799

(1) The transportation of persons in taxicabs in the usual	22800
taxicab service;	22801

(2) The transportation of pupils in school busses operating	22802
to or from school sessions or school events;	22803

(3) The transportation of farm supplies to the farm or farm	22804
products from farm to market or to food fabricating plants;	22805

(4) The distribution of newspapers;

22806

(5) The transportation of crude petroleum incidental to	22807
gathering from wells and delivery to destination by pipe line;	22808

(6) The transportation of injured, ill, or deceased persons	22809
by hearse or ambulance;	22810

(7) The transportation of compost (a combination of manure	22811
and sand or shredded bark mulch) or shredded bark mulch;	22812

(8) The transportation of persons in a ridesharing	22813
arrangement when any fee charged each person so transported is in	22814
such amount as to recover only the person's share of the costs of	22815
operating the motor vehicle for such purpose;	22816

(9) The operation of motor vehicles for contractors on public	22817
road work.	22818

(B) The public utilities commission may grant a motor carrier	22819
operating in intrastate commerce a temporary exemption from some	22820
or all of the provisions of this chapter and the rules adopted	22821
under it, when either of the following applies:	22822

(1) The governor of this state has declared an emergency.

22823

(2) The chairperson of the commission or the chairperson's	22824
designee has declared a transportation-specific emergency.	22825

(C) The commission may adopt rules not incompatible with the	22826
requirements of the United States department of transportation to	22827
provide exemptions to motor carriers operating in intrastate	22828
commerce not otherwise identified in divisions (A) and (B) of this	22829
section.	22830

(D) Divisions (A) to (C) of this section shall not be	22831
construed to relieve a person from compliance with ~~either of~~ the	22832
following:	22833

(1) Rules adopted under division (A)(2) of section 4923.04 of	22834
the Revised Code, division (E) of section 4923.06 of the Revised	22835
Code, division (B) of section 4923.07 of the Revised Code, and	22836
section 4923.11 of the Revised Code;	22837

(2) Rules regarding commercial driver's licenses adopted	22838
under division (A)(1) of section 4923.04 of the Revised Code;	22839

(3) Rules adopted under section 4921.15 of the Revised Code	22840
regarding uniform registration and permitting of carriers of	22841
hazardous materials and other applicable provisions of that	22842
section and division (H) of section 4921.19 of the Revised Code.	22843

Sec. 5101.061. (A) There is hereby established in the	22844
department of job and family services the office of human services	22845
innovation. The office shall develop recommendations, as described	22846
in division (B) of this section, regarding the coordination and	22847
reform of state programs to assist the residents of this state in	22848
preparing for life and the dignity of work and to promote	22849
individual responsibility and work opportunity.	22850

The director of job and family services shall establish the	22851
office's organizational structure, may reassign the department's	22852
staff and resources as necessary to support the office's	22853
activities, and is responsible for the office's operations. The	22854
superintendent of public instruction, chancellor of the Ohio board	22855
of regents, director of the governor's office of workforce	22856
transformation, and director of the governor's office of health	22857
transformation shall assist the director of job and family	22858
services with leadership and organizational support for the	22859
office.	22860

(B) Not later than January 1, 2015, the office shall submit	22861
to the governor recommendations for all of the following:	22862

(1) Coordinating services across all public assistance	22863
programs to help individuals find employment, succeed at work, and	22864
stay out of poverty;	22865

(2) Revising incentives for public assistance programs to	22866
foster person-centered case management;	22867

(3) Standardizing and automating eligibility determination	22868
policies and processes for public assistance programs;	22869

(4) Other matters the office considers appropriate.

22870

(C) Not later than three months after the effective date of	22871
this section, the office shall establish clear principles to guide	22872
the development of its recommendations, shall identify in detail	22873
the problems to be addressed in the recommendations, and shall	22874
make an inventory of all state and other resources that the office	22875
considers relevant to the recommendations.	22876

(D) The office shall convene the directors and staff of the	22877
departments, agencies, offices, boards, commissions, and	22878
institutions of the executive branch of the state as necessary to	22879
develop the office's recommendations. The departments, agencies,	22880
offices, boards, commissions, and institutions shall comply with	22881
all requests and directives that the office makes, subject to the	22882
supervision of the directors of the departments, agencies,	22883
offices, boards, commissions, and institutions. The office also	22884
shall convene other individuals interested in the issues that the	22885
office addresses in the development of the recommendations to	22886
obtain their input on, and support for, the recommendations.	22887

Sec. 5101.90. (A) As used in this section, "public	22888
assistance" has the same meaning as in section 5101.26 of the	22889
Revised Code.	22890

(B) The department of job and family services, in	22891
consultation with representatives designated by the county	22892
commissioners association of Ohio and the Ohio job and family	22893
services directors association, shall establish an evaluation	22894
system that rates each county department of job and family	22895
services in terms of its success with helping public assistance	22896
recipients obtain employment that enables the recipients to cease	22897
relying on public assistance. A county department of job and	22898
family services may implement an evaluation system established by	22899
the Ohio department of job and family services to evaluate an	22900
individual caseworker's success in helping a public assistance	22901
recipient obtain employment that enables the recipient to cease	22902
relying on public assistance.	22903

(C) The department shall design the evaluation system	22904
established under this section in a manner that encourages	22905
caseworkers and county departments to increase their success with	22906
helping public assistance recipients obtain employment that	22907
enables the recipients to cease relying on public assistance. The	22908
system shall provide for caseworkers' and county departments'	22909
ratings under the system to be updated at least annually.	22910

Sec. 5101.91. (A) As used in sections 5101.91 and 5101.92 of	22911
the Revised Code:	22912

(1) "Political subdivision" has the same meaning as in	22913
section 2744.01 of the Revised Code.	22914

(2) "Publicly funded assistance program" means any physical	22915
health, behavioral health, social, employment, education, housing,	22916
or similar program funded or provided by the state or a political	22917
subdivision of the state.	22918

(B) There is hereby created the Ohio healthier buckeye	22919
advisory council in the department of job and family services. The	22920
council shall meet at the discretion of the director of job and	22921
family services and shall consist of the following members:	22922

(1) Five members representing affected local private	22923
employers or local faith-based, charitable, nonprofit, or public	22924
entities or individuals participating in the healthier buckeye	22925
grant program, appointed by the governor;	22926

(2) Two members of the senate, one from the majority party	22927
and one from the minority party, appointed by the president of the	22928
senate;	22929

(3) Two members of the house of representatives, one from the	22930
majority party and one from the minority party, appointed by the	22931
speaker of the house of representatives;	22932

(4) One member representing the judicial branch of	22933
government, appointed by the chief justice of the supreme court;	22934

(5) Additional members representing any other entities or	22935
organizations the director of job and family services determines	22936
are necessary, appointed by the governor.	22937

(C) Initial appointments to the council shall be made not	22938
later than thirty days after the effective date of this section.	22939

A member shall serve at the pleasure of the member's	22940
appointing authority. Members may be reappointed to the council.	22941
Vacancies on the council shall be filled in the same manner as the	22942
original appointments.	22943

(D) The director of job and family services shall serve as	22944
chairperson of the council.	22945

Sec. 5101.92. The Ohio healthier buckeye advisory council may	22946
do all of the following:	22947

(A) Develop means by which county healthier buckeye councils	22948
established under section 355.02 of the Revised Code may reduce	22949
the reliance of individuals on publicly funded assistance programs	22950
as provided in section 355.03 of the Revised Code;	22951

(B) Recommend to the director of job and family services	22952
eligibility criteria, application processes, and maximum grant	22953
amounts for the Ohio healthier buckeye grant program;	22954

(C) Not later than December 1, 2014, submit to the director	22955
recommendations for doing all of the following:	22956

(1) Coordinating services across all public assistance	22957
programs to help individuals find employment, succeed at work, and	22958
stay out of poverty;	22959

(2) Revising incentives for public assistance programs to	22960
foster person-centered case management;	22961

(3) Standardizing and automating eligibility determination	22962
policies and processes for public assistance programs.	22963

Sec. 5103.05. (A) As used in this section and section	22964
5103.051 of the Revised Code:	22965

(1) "Children's residential center" means a facility that is	22966
operated by a private child placing agency, private noncustodial	22967
agency, or public children services agency, that has been	22968
certified by the department of job and family services to operate	22969
a children's residential center, and in which eleven or more	22970
children, including the children of any staff residing at the	22971
facility, are given nonsecure care and supervision twenty-four	22972
hours a day.	22973

(2) "Children's crisis care facility" has the same meaning as	22974
in section 5103.13 of the Revised Code.	22975

(3) "County children's home" means a facility established	22976
under section 5153.21 of the Revised Code.	22977

(4) "District children's home" means a facility established	22978
under section 5153.42 of the Revised Code.	22979

(5) "Group home for children" means any public or private	22980
facility that is operated by a private child placing agency,	22981
private noncustodial agency, or public children services agency,	22982
that has been certified by the department to operate a group home	22983
for children, and that meets all of the following criteria:	22984

(a) Gives, for compensation, a maximum of ten children,	22985
including the children of the operator or any staff who reside in	22986
the facility, nonsecure care and supervision twenty-four hours a	22987
day by a person or persons who are unrelated to the children by	22988
blood or marriage, or who is not the appointed guardian of any of	22989
the children;	22990

(b) Is not certified as a foster home;

22991

(c) Receives or cares for children for two or more	22992
consecutive weeks.	22993

"Group home for children" does not include any facility that	22994
provides care for children from only a single-family group, placed	22995
at the facility by the children's parents or other relative having	22996
custody.	22997

(6) "Residential facility" means a group home for children,	22998
children's crisis care facility, children's residential center,	22999
residential parenting facility that provides twenty-four-hour	23000
child care, county children's home, or district children's home. A	23001
foster home is not a residential facility.	23002

(7) "Residential parenting facility" means a facility	23003
operated by a private child placing agency, private noncustodial	23004
agency, or public children services agency, that has been	23005
certified by the department to operate a residential parenting	23006
facility, in which teenage mothers and their children reside for	23007
the purpose of keeping mother and child together, teaching	23008
parenting and life skills to the mother, and assisting teenage	23009
mothers in obtaining educational or vocational training and	23010
skills.	23011

(8) "Nonsecure care and supervision" means care and	23012
supervision of a child in a residential facility that does not	23013
confine or prevent movement of the child within the facility or	23014
from the facility.	23015

(B) Within ten days after the commencement of operations at a	23016
residential facility, the facility shall provide the following to	23017
all county, municipal, or township law enforcement agencies,	23018
emergency management agencies, and fire departments with	23019
jurisdiction over the facility:	23020

(1) Written notice that the facility is located and will be	23021
operating in the agency's or department's jurisdiction. The	23022
written notice shall provide the address of the facility, identify	23023
the facility as a group home for children, children's crisis care	23024
facility, children's residential center, residential parenting	23025
facility, county children's home, or district children's home, and	23026
provide contact information for the facility.	23027

(2) A copy of the facility's procedures for emergencies and	23028
disasters established pursuant to rules adopted under section	23029
5103.03 of the Revised Code;	23030

(3) A copy of the facility's medical emergency plan	23031
established pursuant to rules adopted under section 5103.03 of the	23032
Revised Code;	23033

(4) A copy of the facility's community engagement plan	23034
established pursuant to rules adopted under section 5103.051 of	23035
the Revised Code.	23036

(C) Within ten days of a facility's recertification by the	23037
department, the facility shall provide to all county, municipal,	23038
or township law enforcement agencies, emergency management	23039
agencies, and fire departments with jurisdiction over the facility	23040
updated copies of the information required to be provided under	23041
divisions (B)(2), (3), and (4) of this section.	23042

(D) The department may adopt rules in accordance with Chapter	23043
119. of the Revised Code necessary to implement this section.	23044

Sec. 5103.051. (A) Each private child placing agency, private	23045
noncustodial agency, public children services agency, or	23046
superintendent of a county or district children's home shall	23047
establish a community engagement plan in accordance with rules	23048
adopted under division (B) of this section for each residential	23049
facility the agency, entity, or superintendent operates.	23050

(B)(1) The department of job and family services shall adopt	23051
rules in accordance with Chapter 119. of the Revised Code that	23052
establish the following:	23053

(a) The contents of a community engagement plan to be	23054
established under division (A) of this section that includes the	23055
following:	23056

(i) Protocols for the community in which a residential	23057
facility is located to communicate concerns or other pertinent	23058
information directly to the agency or entity;	23059

(ii) Protocols for the agency or entity in responding to a	23060
communication made under division (B)(1)(a)(i) of this section.	23061

(b) Orientation procedures for training residential facility	23062
staff on the implementation of the community engagement plan	23063
established under division (A) of this section and procedures for	23064
responding to incidents involving a child at the facility and	23065
neighbors or the police.	23066

(2) The department shall file initial rules adopted under	23067
division (B)(1) of this section within ninety days after the	23068
effective date of this section.	23069

Sec. 5104.03. (A) Any person, firm, organization,	23070
institution, or agency seeking to establish a child day-care	23071
center, type A family day-care home, or licensed type B family	23072
day-care home shall apply for a license to the director of job and	23073
family services on such form as the director prescribes. The	23074
director shall provide at no charge to each applicant for	23075
licensure a copy of the child care license requirements in this	23076
chapter and a copy of the rules adopted pursuant to this chapter.	23077
The copies may be provided in paper or electronic form.	23078

Fees shall be set by the director pursuant to sections	23079
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be	23080
paid at the time of application for a license to operate a center,	23081
type A home, or type B home. Fees collected under this section	23082
shall be paid into the state treasury to the credit of the general	23083
revenue fund.	23084

(B)(1) Upon filing of the application for a license, the	23085
director shall investigate and inspect the center, type A home, or	23086
type B home to determine the license capacity for each age	23087
category of children of the center, type A home, or type B home	23088
and to determine whether the center, type A home, or type B home	23089
complies with this chapter and rules adopted pursuant to this	23090
chapter. When, after investigation and inspection, the director is	23091
satisfied that this chapter and rules adopted pursuant to it are	23092
complied with, subject to division (H) of this section, a license	23093
shall be issued as soon as practicable in such form and manner as	23094
prescribed by the director. The license shall be designated as	23095
provisional and shall be valid for twelve months from the date of	23096
issuance unless revoked.	23097

(2) The director may contract with a government entity or a	23098
private nonprofit entity for the entity to inspect ~~and license~~	23099
type B family day-care homes pursuant to this section. If the	23100
director contracts with a government entity or private nonprofit	23101
entity for that purpose, the entity may contract with another	23102
government entity or private nonprofit entity for the other entity	23103
to inspect type B homes pursuant to this section. The ~~department~~	23104
director, government entity, or private nonprofit entity shall	23105
conduct ~~the~~an inspection prior to the issuance of a license for	23106
~~the~~a type B home and, as part of that inspection, ensure that the	23107
type B home is safe and sanitary.	23108

(C)(1) On receipt of an application for licensure as a type B	23109
family day-care home to provide publicly funded child care, the	23110
~~department~~director shall search the uniform statewide automated	23111
child welfare information system for information concerning any	23112
abuse or neglect report made pursuant to section 2151.421 of the	23113
Revised Code of which the applicant, any other adult residing in	23114
the applicant's home, or a person designated by the applicant to	23115
be an emergency or substitute caregiver for the applicant is the	23116
subject.	23117

(2) The ~~department~~director shall consider any information it	23118
~~discovers~~discovered pursuant to division (C)(1) of this section	23119
or that is provided by a public children services agency pursuant	23120
to section 5153.175 of the Revised Code. If the ~~department~~	23121
director determines that the information, when viewed within the	23122
totality of the circumstances, reasonably leads to the conclusion	23123
that the applicant may directly or indirectly endanger the health,	23124
safety, or welfare of children, the ~~department~~director shall deny	23125
the application for licensure or revoke the license of a type B	23126
family day-care home.	23127

(D) The director shall investigate and inspect the center,	23128
type A home, or type B home at least once during operation under a	23129
license designated as provisional. If after the investigation and	23130
inspection the director determines that the requirements of this	23131
chapter and rules adopted pursuant to this chapter are met,	23132
subject to division (H) of this section, the director shall issue	23133
a new license to the center or home.	23134

(E) Each license shall state the name of the licensee, the	23135
name of the administrator, the address of the center, type A home,	23136
or licensed type B home, and the license capacity for each age	23137
category of children. The license shall include thereon, in	23138
accordance with sections 5104.015, 5104.017, and 5104.018 of the	23139
Revised Code, the toll-free telephone number to be used by persons	23140
suspecting that the center, type A home, or licensed type B home	23141
has violated a provision of this chapter or rules adopted pursuant	23142
to this chapter. A license is valid only for the licensee,	23143
administrator, address, and license capacity for each age category	23144
of children designated on the license. The license capacity	23145
specified on the license is the maximum number of children in each	23146
age category that may be cared for in the center, type A home, or	23147
licensed type B home at one time.	23148

The center or type A home licensee shall notify the director	23149
when the administrator of the center or home changes. The director	23150
shall amend the current license to reflect a change in an	23151
administrator, if the administrator meets the requirements of this	23152
chapter and rules adopted pursuant to this chapter, or a change in	23153
license capacity for any age category of children as determined by	23154
the director of job and family services.	23155

(F) If the director revokes the license of a center, a type A	23156
home, or a type B home, the director shall not issue another	23157
license to the owner of the center, type A home, or type B home	23158
until five years have elapsed from the date the license is	23159
revoked.	23160

If the director denies an application for a license, the	23161
director shall not accept another application from the applicant	23162
until five years have elapsed from the date the application is	23163
denied.	23164

(G) If during the application for licensure process the	23165
director determines that the license of the owner has been	23166
revoked, the investigation of the center, type A home, or type B	23167
home shall cease. This action does not constitute denial of the	23168
application and may not be appealed under division (H) of this	23169
section.	23170

(H) All actions of the director with respect to licensing	23171
centers, type A homes, or type B homes, refusal to license, and	23172
revocation of a license shall be in accordance with Chapter 119.	23173
of the Revised Code. Any applicant who is denied a license or any	23174
owner whose license is revoked may appeal in accordance with	23175
section 119.12 of the Revised Code.	23176

(I) In no case shall the director issue a license under this	23177
section for a center, type A home, or type B home if the director,	23178
based on documentation provided by the appropriate county	23179
department of job and family services, determines that the	23180
applicant had been certified as a type B family day-care home when	23181
such certifications were issued by county departments prior to	23182
January 1, 2014, that the county department revoked that	23183
certification within the immediately preceding five years, that	23184
the revocation was based on the applicant's refusal or inability	23185
to comply with the criteria for certification, and that the	23186
refusal or inability resulted in a risk to the health or safety of	23187
children.	23188

(J)(1) Except as provided in division (J)(2) of this section,	23189
an administrator of a type B family day-care home that receives a	23190
license pursuant to this section to provide publicly funded child	23191
care is an independent contractor and is not an employee of the	23192
department of job and family services.	23193

(2) For purposes of Chapter 4141. of the Revised Code,	23194
determinations concerning the employment of an administrator of a	23195
type B family day-care home that receives a license pursuant to	23196
this section shall be determined under Chapter 4141. of the	23197
Revised Code.	23198

Sec. 5104.34. (A)(1) Each county department of job and	23199
family services shall implement procedures for making	23200
determinations of eligibility for publicly funded child care.	23201
Under those procedures, the eligibility determination for each	23202
applicant shall be made no later than thirty calendar days from	23203
the date the county department receives a completed application	23204
for publicly funded child care. Each applicant shall be notified	23205
promptly of the results of the eligibility determination. An	23206
applicant aggrieved by a decision or delay in making an	23207
eligibility determination may appeal the decision or delay to the	23208
department of job and family services in accordance with section	23209
5101.35 of the Revised Code. The due process rights of applicants	23210
shall be protected.	23211

To the extent permitted by federal law, the county department	23212
may make all determinations of eligibility for publicly funded	23213
child care, may contract with child care providers or child care	23214
resource and referral service organizations for the providers or	23215
resource and referral service organizations to make all or any	23216
part of the determinations, and may contract with child care	23217
providers or child care resource and referral service	23218
organizations for the providers or resource and referral service	23219
organizations to collect specified information for use by the	23220
county department in making determinations. If a county department	23221
contracts with a child care provider or a child care resource and	23222
referral service organization for eligibility determinations or	23223
for the collection of information, the contract shall require the	23224
provider or resource and referral service organization to make	23225
each eligibility determination no later than thirty calendar days	23226
from the date the provider or resource and referral organization	23227
receives a completed application that is the basis of the	23228
determination and to collect and transmit all necessary	23229
information to the county department within a period of time that	23230
enables the county department to make each eligibility	23231
determination no later than thirty days after the filing of the	23232
application that is the basis of the determination.	23233

The county department may station employees of the department	23234
in various locations throughout the county to collect information	23235
relevant to applications for publicly funded child care and to	23236
make eligibility determinations. The county department, child care	23237
provider, and child care resource and referral service	23238
organization shall make each determination of eligibility for	23239
publicly funded child care no later than thirty days after the	23240
filing of the application that is the basis of the determination,	23241
shall make each determination in accordance with any relevant	23242
rules adopted pursuant to section 5104.38 of the Revised Code, and	23243
shall notify promptly each applicant for publicly funded child	23244
care of the results of the determination of the applicant's	23245
eligibility.	23246

The director of job and family services shall adopt rules in	23247
accordance with Chapter 119. of the Revised Code for monitoring	23248
the eligibility determination process. In accordance with those	23249
rules, the state department shall monitor eligibility	23250
determinations made by county departments of job and family	23251
services and shall direct any entity that is not in compliance	23252
with this division or any rule adopted under this division to	23253
implement corrective action specified by the department.	23254

(2)(a) All eligibility determinations for publicly funded	23255
child care shall be made in accordance with rules adopted pursuant	23256
to division (A) of section 5104.38 of the Revised Code ~~and, if a~~	23257
~~county department of job and family services specifies, pursuant~~	23258
~~to rules adopted under division (B) of that section, a maximum~~	23259
~~amount of income a family may have to be eligible for publicly~~	23260
~~funded child care, the income maximum specified by the county~~	23261
~~department~~. ~~Publicly~~Except as otherwise provided in this section,	23262
both of the following apply:	23263

(i) Publicly funded child care may be provided only to	23264
eligible infants, toddlers, preschool-age children, and school-age	23265
children under age thirteen. ~~For~~	23266

(ii) For an applicant to be eligible for publicly funded	23267
child care, the caretaker parent must be employed or participating	23268
in a program of education or training for an amount of time	23269
reasonably related to the time that the parent's children are	23270
receiving publicly funded child care. This restriction does not	23271
apply to families whose children are eligible for protective child	23272
care.	23273

(b) In accordance with rules adopted under division (B) of	23274
section 5104.38 of the Revised Code, an applicant may receive	23275
publicly funded child care while the county department determines	23276
eligibility. An applicant may receive publicly funded child care	23277
while a county department determines eligibility only once during	23278
a twelve-month period. If the county department determines that an	23279
applicant is not eligible for publicly funded child care, the	23280
licensed child care program shall be paid for providing publicly	23281
funded child care for up to five days after that determination if	23282
the county department received a completed application with all	23283
required documentation. A program may appeal a denial of payment	23284
under this division.	23285

(c) If a caretaker parent who has been determined eligible to	23286
receive publicly funded child care no longer meets the	23287
requirements of division (A)(2)(a)(ii) of this section, the	23288
caretaker parent may continue to receive publicly funded child	23289
care for a period of up to thirteen weeks not to extend beyond the	23290
caretaker parent's twelve-month eligibility period. Such	23291
authorization may be given only once during a twelve-month period.	23292

Subject to available funds, ~~a county~~the department of job	23293
and family services shall allow a family to receive publicly	23294
funded child care unless the family's income exceeds the maximum	23295
income eligibility limit. Initial and continued eligibility for	23296
publicly funded child care is subject to available funds unless	23297
the family is receiving child care pursuant to division (A)(1),	23298
(2), (3), or (4) of section 5104.30 of the Revised Code. If the	23299
~~county~~ department must limit eligibility due to lack of available	23300
funds, it shall give first priority for publicly funded child care	23301
to an assistance group whose income is not more than the maximum	23302
income eligibility limit that received transitional child care in	23303
the previous month but is no longer eligible because the	23304
twelve-month period has expired. Such an assistance group shall	23305
continue to receive priority for publicly funded child care until	23306
its income exceeds the maximum income eligibility limit.	23307

(3) An assistance group that ceases to participate in the	23308
Ohio works first program established under Chapter 5107. of the	23309
Revised Code is eligible for transitional child care at any time	23310
during the immediately following twelve-month period that both of	23311
the following apply:	23312

(a) The assistance group requires child care due to	23313
employment;	23314

(b) The assistance group's income is not more than one	23315
hundred fifty per cent of the federal poverty line.	23316

An assistance group ineligible to participate in the Ohio	23317
works first program pursuant to section 5101.83 or section 5107.16	23318
of the Revised Code is not eligible for transitional child care.	23319

(B) To the extent permitted by federal law, ~~a county~~the	23320
department of job and family services may require a caretaker	23321
parent determined to be eligible for publicly funded child care to	23322
pay a fee according to the schedule of fees established in rules	23323
adopted under section 5104.38 of the Revised Code. ~~Each county~~	23324
The department shall make protective child care services available	23325
to children without regard to the income or assets of the	23326
caretaker parent of the child.	23327

(C) A caretaker parent receiving publicly funded child care	23328
shall report to the entity that determined eligibility any changes	23329
in status with respect to employment or participation in a program	23330
of education or training not later than ten calendar days after	23331
the change occurs.	23332

(D) If ~~a county~~the department of job and family services	23333
determines that available resources are not sufficient to provide	23334
publicly funded child care to all eligible families who request	23335
it, the ~~county~~ department may establish a waiting list. ~~A county~~	23336
The department may establish separate waiting lists within the	23337
waiting list based on income. ~~When resources become available to~~	23338
~~provide publicly funded child care to families on the waiting~~	23339
~~list, a county department that establishes a waiting list shall~~	23340
~~assess the needs of the next family scheduled to receive publicly~~	23341
~~funded child care. If the assessment demonstrates that the family~~	23342
~~continues to need and is eligible for publicly funded child care,~~	23343
~~the county department shall offer it to the family. If the county~~	23344
~~department determines that the family is no longer eligible or no~~	23345
~~longer needs publicly funded child care, the county department~~	23346
~~shall remove the family from the waiting list.~~	23347

(E) A caretaker parent shall not receive full-time publicly	23348
funded child care from more than one child care provider per child	23349
during any period.	23350

(F) As used in this section, "maximum income eligibility	23351
limit" means the amount of income specified in rules adopted under	23352
division (A) of section 5104.38 of the Revised Code ~~or, if a~~	23353
~~county department of job and family services specifies a higher~~	23354
~~amount pursuant to rules adopted under division (B) of that~~	23355
~~section, the amount the county department specifies~~.	23356

Sec. 5104.341. (A) ~~Except as provided in division (B) of~~	23357
~~this section, both of the following apply:~~	23358

~~(1)~~ An eligibility determination made under section 5104.34	23359
of the Revised Code for publicly funded child care is valid for	23360
one year;	23361

~~(2)~~.

23362

(B) The county department of job and family services shall	23363
adjust the appropriate level of a fee charged under division (B)	23364
of section 5104.34 of the Revised Code if a caretaker parent	23365
reports changes in income, family size, or both.	23366

~~(B) Division (A) of this section does not apply if the~~	23367
~~recipient of the publicly funded child care ceases to be eligible~~	23368
~~for publicly funded child care.~~	23369

Sec. 5104.38. In addition to any other rules adopted under	23370
this chapter, the director of job and family services shall adopt	23371
rules in accordance with Chapter 119. of the Revised Code	23372
governing financial and administrative requirements for publicly	23373
funded child care and establishing all of the following:	23374

(A) Procedures and criteria to be used in making	23375
determinations of eligibility for publicly funded child care that	23376
give priority to children of families with lower incomes and	23377
procedures and criteria for eligibility for publicly funded	23378
protective child care. The rules shall specify the maximum amount	23379
of income a family may have for initial and continued eligibility.	23380
The maximum amount shall not exceed two hundred per cent of the	23381
federal poverty line. The rules may specify exceptions to the	23382
eligibility requirements in the case of a family that previously	23383
received publicly funded child care and is seeking to have the	23384
child care reinstated after the family's eligibility was	23385
terminated.	23386

(B) Procedures under which ~~a county department of job and~~	23387
~~family services may, if the department, under division (A) of this~~	23388
~~section, specifies a maximum amount of income a family may have~~	23389
~~for eligibility for publicly funded child care that is less than~~	23390
~~the maximum amount specified in that division, specify a maximum~~	23391
~~amount of income a family residing in the county the county~~	23392
~~department serves may have for initial and continued eligibility~~	23393
~~for publicly funded child care that is higher than the amount~~	23394
~~specified by the department but does not exceed the maximum amount~~	23395
~~specified in division (A) of this section~~an applicant for	23396
publicly funded child care may receive publicly funded child care	23397
while the county department of job and family services determines	23398
eligibility and under which a licensed child care program may	23399
appeal a denial of payment under division (A)(2)(b) of section	23400
5104.34 of the Revised Code;	23401

(C) A schedule of fees requiring all eligible caretaker	23402
parents to pay a fee for publicly funded child care according to	23403
income and family size, which shall be uniform for all types of	23404
publicly funded child care, except as authorized by rule, and, to	23405
the extent permitted by federal law, shall permit the use of state	23406
and federal funds to pay the customary deposits and other advance	23407
payments that a provider charges all children who receive child	23408
care from that provider. The schedule of fees may not provide for	23409
a caretaker parent to pay a fee that exceeds ten per cent of the	23410
parent's family income.	23411

(D) A formula for determining the amount of state and federal	23412
funds appropriated for publicly funded child care that may be	23413
allocated to a county department to use for administrative	23414
purposes;	23415

(E) Procedures to be followed by the department and county	23416
departments in recruiting individuals and groups to become	23417
providers of child care;	23418

(F) Procedures to be followed in establishing state or local	23419
programs designed to assist individuals who are eligible for	23420
publicly funded child care in identifying the resources available	23421
to them and to refer the individuals to appropriate sources to	23422
obtain child care;	23423

(G) Procedures to deal with fraud and abuse committed by	23424
either recipients or providers of publicly funded child care;	23425

(H) Procedures for establishing a child care grant or loan	23426
program in accordance with the child care block grant act;	23427

(I) Standards and procedures for applicants to apply for	23428
grants and loans, and for the department to make grants and loans;	23429

(J) A definition of "person who stands in loco parentis" for	23430
the purposes of division (KK)(1) of section 5104.01 of the Revised	23431
Code;	23432

(K) Procedures for a county department of job and family	23433
services to follow in making eligibility determinations and	23434
redeterminations for publicly funded child care available through	23435
telephone, computer, and other means at locations other than the	23436
county department;	23437

(L) If the director establishes a different reimbursement	23438
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	23439
Code, standards and procedures for determining the amount of the	23440
higher payment that is to be issued to a child care provider based	23441
on the special needs of the child being served;	23442

(M) To the extent permitted by federal law, procedures for	23443
paying for up to thirty days of child care for a child whose	23444
caretaker parent is seeking employment, taking part in employment	23445
orientation activities, or taking part in activities in	23446
anticipation of enrolling in or attending an education or training	23447
program or activity, if the employment or the education or	23448
training program or activity is expected to begin within the	23449
thirty-day period;	23450

(N) Any other rules necessary to carry out sections 5104.30	23451
to 5104.43 of the Revised Code.	23452

Sec. 5119.21. (A) The department of mental health and	23453
addiction services shall:	23454

(1) To the extent the department has available resources and	23455
in consultation with boards of alcohol, drug addiction, and mental	23456
health services, support athe continuum of care ~~in accordance~~	23457
~~with Chapter 340.~~that the boards are required by division (A)(11)	23458
of section 340.03 of the Revised Code to establish. The department	23459
shall provide the support on a district or multi-district basis.	23460
The department shall ~~define the essential elements of a continuum~~	23461
~~of care, shall~~ assist in identifying resources, and may prioritize	23462
support, for one or more of the elements of the continuum of care.	23463
For the purpose of division (A)(11)(l) of section 340.03 of the	23464
Revised Code and to the extent the department determines is	23465
necessary, the department shall define additional components to be	23466
included in the essential elements of the continuum of care.	23467

(2) Provide training, consultation, and technical assistance	23468
regarding mental health and addiction services and appropriate	23469
prevention, recovery, and mental health promotion activities,	23470
including those that are culturally competent, to employees of the	23471
department, community mental health and addiction services	23472
providers, boards of alcohol, drug addiction, and mental health	23473
services, and other agencies providing mental health and addiction	23474
services;	23475

(3) To the extent the department has available resources,	23476
promote and support a full range of mental health and addiction	23477
services that are available and accessible to all residents of	23478
this state, especially for severely mentally disabled children,	23479
adolescents, adults, pregnant women, parents, guardians or	23480
custodians of children at risk of abuse or neglect, and other	23481
special target populations, including racial and ethnic	23482
minorities, as determined by the department;	23483

(4) Develop standards and measures for evaluating the	23484
effectiveness of mental health and addiction services, including	23485
services that use methadone treatment, of gambling addiction	23486
services, and for increasing the accountability of mental health	23487
and alcohol and addiction services providers and of gambling	23488
addiction services providers;	23489

(5) Design and set criteria for the determination of priority	23490
populations;	23491

(6) Promote, direct, conduct, and coordinate scientific	23492
research, taking ethnic and racial differences into consideration,	23493
concerning the causes and prevention of mental illness and	23494
addiction, methods of providing effective services and treatment,	23495
and means of enhancing the mental health of and recovery from	23496
addiction of all residents of this state;	23497

(7) Foster the establishment and availability of vocational	23498
rehabilitation services and the creation of employment	23499
opportunities for consumers of mental health and addiction	23500
services, including members of racial and ethnic minorities;	23501

(8) Establish a program to protect and promote the rights of	23502
persons receiving mental health and addiction services, including	23503
the issuance of guidelines on informed consent and other rights;	23504

(9) Promote the involvement of persons who are receiving or	23505
have received mental health or addiction services, including	23506
families and other persons having a close relationship to a person	23507
receiving those services, in the planning, evaluation, delivery,	23508
and operation of mental health and addiction services;	23509

(10) Notify and consult with the relevant constituencies that	23510
may be affected by rules, standards, and guidelines issued by the	23511
department of mental health and addiction services. These	23512
constituencies shall include consumers of mental health and	23513
addiction services and their families, and may include public and	23514
private providers, employee organizations, and others when	23515
appropriate. Whenever the department proposes the adoption,	23516
amendment, or rescission of rules under Chapter 119. of the	23517
Revised Code, the notification and consultation required by this	23518
division shall occur prior to the commencement of proceedings	23519
under Chapter 119. The department shall adopt rules under Chapter	23520
119. of the Revised Code that establish procedures for the	23521
notification and consultation required by this division.	23522

(11) Provide consultation to the department of rehabilitation	23523
and correction concerning the delivery of mental health and	23524
addiction services in state correctional institutions.	23525

(12) Promote and coordinate efforts in the provision of	23526
alcohol and drug addiction services and of gambling addiction	23527
services by other state agencies, as defined in section 1.60 of	23528
the Revised Code; courts; hospitals; clinics; physicians in	23529
private practice; public health authorities; boards of alcohol,	23530
drug addiction, and mental health services; alcohol and drug	23531
addiction services providers; law enforcement agencies; gambling	23532
addiction services providers; and related groups;	23533

(13) Provide to each court of record, and biennially update,	23534
a list of the treatment and education programs within that court's	23535
jurisdiction that the court may require an offender, sentenced	23536
pursuant to section 4511.19 of the Revised Code, to attend;	23537

(14) Make the warning sign described in sections 3313.752,	23538
3345.41, and 3707.50 of the Revised Code available on the	23539
department's internet web site;	23540

(15) Provide a program of gambling addiction services on	23541
behalf of the state lottery commission, pursuant to an agreement	23542
entered into with the director of the commission under division	23543
(K) of section 3770.02 of the Revised Code, and provide a program	23544
of gambling addiction services on behalf of the Ohio casino	23545
control commission, under an agreement entered into with the	23546
executive director of the commission under section 3772.062 of the	23547
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	23548
Constitution, the department may enter into agreements with boards	23549
of alcohol, drug addiction, and mental health services, including	23550
boards with districts in which a casino facility is not located,	23551
and nonprofit organizations to provide gambling addiction services	23552
and substance abuse services, and with state institutions of	23553
higher education or private nonprofit institutions that possess a	23554
certificate of authorization issued under Chapter 1713. of the	23555
Revised Code to perform related research.	23556

(B) The department may accept and administer grants from	23557
public or private sources for carrying out any of the duties	23558
enumerated in this section.	23559

(C) Pursuant to Chapter 119. of the Revised Code, the	23560
department shall adopt a rule defining the term "intervention" as	23561
it is used in this chapter in connection with alcohol and drug	23562
addiction services and in connection with gambling addiction	23563
services. The department may adopt other rules as necessary to	23564
implement the requirements of this chapter.	23565

Sec. 5119.22. The director of mental health and addiction	23566
services with respect to all mental health and addiction	23567
facilities and services established and operated or provided under	23568
Chapter 340. of the Revised Code, shall do all of the following:	23569

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	23570
that may be necessary to carry out the purposes of this chapter	23571
and Chapters 340. and 5122. of the Revised Code.	23572

(B) Review and evaluate the continuum of care required by	23573
division (A)(11) of section 340.03 of the Revised Code to be	23574
established in each service district, taking into account the	23575
findings and recommendations of the board of alcohol, drug	23576
addiction, and mental health services of the district submitted	23577
under division (A)(4) of section 340.03 of the Revised Code and	23578
the priorities and plans of the department of mental health and	23579
addiction services, including the needs of residents of the	23580
district currently receiving services in state-operated hospitals,	23581
and make recommendations for needed improvements to boards of	23582
alcohol, drug addiction, and mental health services;	23583

(C) At the director's discretion, provide to boards of	23584
alcohol, drug addiction, and mental health services state or	23585
federal funds, in addition to those allocated under section	23586
5119.23 of the Revised Code, for special programs or projects the	23587
director considers necessary but for which local funds are not	23588
available;	23589

(D) Establish, in consultation with board of alcohol, drug	23590
addiction, and mental health service representatives and after	23591
consideration of the recommendations of the medical director,	23592
guidelines for the development of community mental health and	23593
addiction services plans and the review and approval or	23594
disapproval of such plans submitted pursuant to section 340.03 of	23595
the Revised Code.	23596

(E) Establish criteria by which a board of alcohol, drug	23597
addiction, and mental health services reviews and evaluates the	23598
quality, effectiveness, and efficiency of its contracted services.	23599
The criteria shall include requirements ensuring appropriate	23600
service utilization. The department shall assess a board's	23601
evaluation of services and the compliance of each board with this	23602
section, Chapter 340. of the Revised Code, and other state or	23603
federal law and regulations. The department, in cooperation with	23604
the board, periodically shall review and evaluate the quality,	23605
effectiveness, and efficiency of services provided through each	23606
board. The department shall collect information that is necessary	23607
to perform these functions.	23608

(F) To the extent the director determines necessary and after	23609
consulting with boards of alcohol, drug addiction, and mental	23610
health services and community addiction and mental health services	23611
providers, develop and operate, or contract for the operation of,	23612
a community behavioral health information system or systems. The	23613
department shall specify the information that must be provided by	23614
boards of alcohol, drug addiction, and mental health services and	23615
by community addiction and mental health services providers for	23616
inclusion in the system or systems.	23617

Boards of alcohol, drug addiction, and mental health services	23618
and community addiction and mental health services providers shall	23619
submit information requested by the department in the form and	23620
manner and in accordance with time frames prescribed by the	23621
department. Information collected by the department may include	23622
all of the following:	23623

(1) Information on services provided;

23624

(2) Financial information regarding expenditures of federal,	23625
state, or local funds;	23626

(3) Information about persons served.

23627

The department shall not collect any personal information	23628
from the boards except as required or permitted by state or	23629
federal law for purposes related to payment, health care	23630
operations, program and service evaluation, reporting activities,	23631
research, system administration, and oversight.	23632

(G)(1) Review each board's community mental health and	23633
addiction services plan, budget, and statement of services ~~to be~~	23634
~~made available~~ submitted pursuant to sections 340.03 and 340.08 of	23635
the Revised Code and approve or disapprove the plan, the budget,	23636
and the statement of services in whole or in part.	23637

The department ~~may~~shall withhold all or part of the funds	23638
allocated to a board if it disapproves all or part of a plan,	23639
budget, or statement of services. Prior to a final decision to	23640
disapprove a plan, budget, or statement of services, or to	23641
withhold funds from a board, a representative of the director of	23642
mental health and addiction services shall meet with the board and	23643
discuss the reason for the action the department proposes to take	23644
and any corrective action that should be taken to make the plan,	23645
budget, or statement of services acceptable to the department. In	23646
addition, the department shall offer technical assistance to the	23647
board to assist it to make the plan, budget, or statement of	23648
services acceptable. The department shall give the board a	23649
reasonable time in which to revise the plan, budget, or statement	23650
of services. The board thereafter shall submit a revised plan,	23651
budget, or statement of services, or a new plan, budget, or	23652
statement of services.	23653

(2) If a board determines that it is necessary to amend the	23654
plan, budget, or statement of services that has been approved	23655
under this section, the board shall submit the proposed amendment	23656
to the department. The department may approve or disapprove all or	23657
part of the amendment.	23658

(3) If the director disapproves of all or part of any	23659
proposed amendment, the director shall provide the board an	23660
opportunity to present its position. The director shall inform the	23661
board of the reasons for the disapproval and of the criteria that	23662
must be met before the proposed amendment may be approved. The	23663
director shall give the board a reasonable time within which to	23664
meet the criteria and shall offer technical assistance to the	23665
board to help it meet the criteria.	23666

(4) The department shall establish procedures for the review	23667
of plans, budgets, and statements of services, and a timetable for	23668
submission and review of plans, budgets, and statements of	23669
services and for corrective action and submission of new or	23670
revised plans, budgets, and statements of services.	23671

Sec. 5119.25. (A) The director of mental health and	23672
addiction services, in whole or in part, may withhold funds	23673
otherwise to be allocated to a board of alcohol, drug addiction,	23674
and mental health services under section 5119.23 of the Revised	23675
Code if the board fails to comply with Chapter 340. or section	23676
5119.22, 5119.24, 5119.36, or 5119.371 of the Revised Code or	23677
rules of the department of mental health and addiction services.	23678
However, the director shall withhold all such funds from the board	23679
when required to do so under division (A)(4) of section 340.08 of	23680
the Revised Code or division (G)(1) of section 5119.22 of the	23681
Revised Code.	23682

(B) The director of mental health and addiction services may	23683
withhold funds otherwise to be allocated to a board of alcohol,	23684
drug addiction, and mental health services under section 5119.23	23685
of the Revised Code if the board denies available service on the	23686
basis of race, color, religion, creed, sex, age, national origin,	23687
disability as defined in section 4112.01 of the Revised Code, or	23688
developmental disability.	23689

(C) The director shall issue a notice identifying the areas	23690
of noncompliance and the action necessary to achieve compliance.	23691
The director may offer technical assistance to the board to	23692
achieve compliance. The board shall have ~~ten~~thirty days from	23693
receipt of the notice of noncompliance to present its position	23694
that it is in compliance or to submit to the director evidence of	23695
corrective action the board took to achieve compliance. Before	23696
withholding funds, the director or the director's designee shall	23697
hold a hearing within ~~ten~~thirty days of receipt of the board's	23698
position or evidence to determine if there are continuing	23699
violations and that either assistance is rejected or the board is	23700
unable, or has failed, to achieve compliance. The director may	23701
appoint a representative from another board of alcohol, drug	23702
addiction, and mental health services to serve as a mentor for the	23703
board in developing and executing a plan of corrective action to	23704
achieve compliance. Any such representative shall be from a board	23705
that is in compliance with Chapter 340. of the Revised Code,	23706
sections 5119.22, 5119.24, 5119.36, and 5119.371 of the Revised	23707
Code, and the department's rules. Subsequent to the hearing	23708
process, if it is determined that compliance has not been	23709
achieved, the director may allocate all or part of the withheld	23710
funds to ~~a public or private agency~~one or more community mental	23711
health services providers or community addiction services	23712
providers to provide the community mental health or community	23713
addiction service for which the board is not in compliance until	23714
the time that there is compliance. The director ~~may~~shall adopt	23715
rules in accordance with Chapter 119. of the Revised Code to	23716
implement this section.	23717

Sec. 5119.362. (A) In accordance with rules adopted under	23718
section 5119.363 of the Revised Code, each community addiction	23719
services provider shall do all of the following:	23720

(1) Maintain, in an aggregate form, a waiting list of	23721
individuals to whom all of the following apply:	23722

(a) The individual has been documented as having a clinical	23723
need for alcohol and drug addiction services due to an opioid or	23724
co-occurring drug addiction.	23725

(b) The individual has applied to the provider for a	23726
clinically necessary treatment or support service required by	23727
division (A)(11)(c)(ix) of section 340.03 of the Revised Code to	23728
be included in the continuum of care established under that	23729
section.	23730

(c) The individual has not begun to receive the clinically	23731
necessary treatment or support service within five days of the	23732
individual's application for the service because the provider	23733
lacks an available slot for the individual.	23734

(2) Notify an individual included on the provider's waiting	23735
list when the provider has a slot available for the individual	23736
and, if the individual does not contact the provider about the	23737
slot within a period of time specified in the rules, contact the	23738
individual to determine why the individual did not contact the	23739
provider and to assess whether the individual still needs the	23740
treatment or support service;	23741

(3) Subject to divisions (B) and (C) of this section, report	23742
all of the following information each month to the board of	23743
alcohol, drug addiction, and mental health services that serves	23744
the county or counties in which the provider provides alcohol and	23745
drug addiction services:	23746

(a) An unduplicated count of all individuals who reside in a	23747
county that the board serves and were included on the provider's	23748
waiting list as of the last day of the immediately preceding month	23749
and each type of treatment and support service for which they were	23750
waiting;	23751

(b) The total number of days all such individuals had been on	23752
the provider's waiting list as of the last day of the immediately	23753
preceding month;	23754

(c) The last known types of residential settings in which all	23755
such individuals resided as of the last day of the immediately	23756
preceding month;	23757

(d) The number of all such individuals who did not contact	23758
the provider after receiving, during the immediately preceding	23759
month, the notices under division (A)(2) of this section about the	23760
provider having slots available for the individuals, and the	23761
reasons the contacts were not made;	23762

(e) The number of all such individuals who withdrew, in the	23763
immediately preceding month, their applications for the treatment	23764
and support services, each type of service for which those	23765
individuals had applied, and the reasons the applications were	23766
withdrawn;	23767

(f) All other information specified in the rules.

23768

(B) If a community addiction services provider provides	23769
alcohol and drug addiction services in more than one county and	23770
those counties are served by different boards of alcohol, drug	23771
addiction, and mental health services, the provider shall provide	23772
separate reports under division (C)(3) of this section to each of	23773
the boards serving the counties in which the provider provides the	23774
services. The report provided to a board shall be specific to the	23775
county or counties the board serves and not include information	23776
for individuals residing in other counties.	23777

(C) Each report that a community addiction services provider	23778
provides to a board of alcohol, drug addiction, and mental health	23779
services under this section shall do all of the following:	23780

(1) Maintain the confidentiality of all individuals for whom	23781
information is included in the report;	23782

(2) For the purpose of the information reported under	23783
division (A)(3)(c) of this section, identify the types of	23784
residential settings at least as either institutional or	23785
noninstitutional;	23786

(3) If the report is provided to a board that serves more	23787
than one county, present the information included in the report in	23788
a manner that is broken down for each of the counties the board	23789
serves.	23790

Sec. 5119.363. The director of mental health and addiction	23791
services shall adopt rules governing the duties of boards of	23792
alcohol, drug addiction, and mental health services under section	23793
340.20 of the Revised Code and the duties of community addiction	23794
services providers under section 5119.362 of the Revised Code. The	23795
rules shall be adopted in accordance with Chapter 119. of the	23796
Revised Code.	23797

Sec. 5119.364. The department of mental health and addiction	23798
services shall make the reports it receives under section 340.20	23799
of the Revised Code from boards of alcohol, drug addiction, and	23800
mental health services available on the department's internet web	23801
site. The information contained in the reports shall be presented	23802
on the web site on both a statewide basis and county-level basis.	23803
The information on the web site shall be updated monthly after the	23804
boards submit new reports to the department.	23805

Sec. 5119.365. The director of mental health and addiction	23806
services shall adopt rules in accordance with Chapter 119. of the	23807
Revised Code to do both of the following:	23808

(A) Streamline the intake procedures used by a community	23809
addiction services provider accepting and beginning to serve a new	23810
patient, including procedures regarding intake forms and	23811
questionnaires;	23812

(B) Enable a community addiction services provider to retain	23813
a patient as an active patient even though the patient last	23814
received services from the provider more than thirty days before	23815
resumption of services so that the patient and provider do not	23816
have to repeat the intake procedures.	23817

Sec. 5122.36. If the legal residence of a person suffering	23818
from mental illness is in another county of the state, the	23819
necessary expense of the person's return is a proper charge	23820
against the county of legal residence. If an adjudication and	23821
order of hospitalization by the probate court of the county of	23822
temporary residence are required, the regular probate court fees	23823
and expenses incident to the order of hospitalization under this	23824
chapter and any other expense incurred on the person's behalf	23825
shall be charged to and paid by the county of the person's legal	23826
residence upon the approval and certification of the probate judge	23827
of that county. The ordering court shall send to the probate court	23828
of the person's county of legal residence a certified transcript	23829
of all proceedings had in the ordering court. The receiving court	23830
shall enter and record the transcript. The certified transcript is	23831
prima facie evidence of the residence of the person. When the	23832
residence of the person cannot be established as represented by	23833
the ordering court, the matter of residence shall be referred to	23834
the department of mental health and addiction services for	23835
investigation and determination.	23836

Sec. 5123.01. As used in this chapter:

23837

(A) "Chief medical officer" means the licensed physician	23838
appointed by the managing officer of an institution for the	23839
mentally retarded with the approval of the director of	23840
developmental disabilities to provide medical treatment for	23841
residents of the institution.	23842

(B) "Chief program director" means a person with special	23843
training and experience in the diagnosis and management of the	23844
mentally retarded, certified according to division (C) of this	23845
section in at least one of the designated fields, and appointed by	23846
the managing officer of an institution for the mentally retarded	23847
with the approval of the director to provide habilitation and care	23848
for residents of the institution.	23849

(C) "Comprehensive evaluation" means a study, including a	23850
sequence of observations and examinations, of a person leading to	23851
conclusions and recommendations formulated jointly, with	23852
dissenting opinions if any, by a group of persons with special	23853
training and experience in the diagnosis and management of persons	23854
with mental retardation or a developmental disability, which group	23855
shall include individuals who are professionally qualified in the	23856
fields of medicine, psychology, and social work, together with	23857
such other specialists as the individual case may require.	23858

(D) "Education" means the process of formal training and	23859
instruction to facilitate the intellectual and emotional	23860
development of residents.	23861

(E) "Habilitation" means the process by which the staff of	23862
the institution assists the resident in acquiring and maintaining	23863
those life skills that enable the resident to cope more	23864
effectively with the demands of the resident's own person and of	23865
the resident's environment and in raising the level of the	23866
resident's physical, mental, social, and vocational efficiency.	23867
Habilitation includes but is not limited to programs of formal,	23868
structured education and training.	23869

(F) "Health officer" means any public health physician,	23870
public health nurse, or other person authorized or designated by a	23871
city or general health district.	23872

(G) "Home and community-based services" means medicaid-funded	23873
home and community-based services specified in division (A)(1) of	23874
section 5166.20 of the Revised Code provided under the medicaid	23875
waiver components the department of developmental disabilities	23876
administers pursuant to section 5166.21 of the Revised Code.	23877
Except as provided in section 5123.0412 of the Revised Code, home	23878
and community-based services provided under the medicaid waiver	23879
component known as the transitions developmental disabilities	23880
waiver are to be considered to be home and community-based	23881
services for the purposes of this chapter, and Chapters 5124. and	23882
5126. of the Revised Code, only to the extent, if any, provided by	23883
the contract required by section 5166.21 of the Revised Code	23884
regarding the waiver.	23885

(H) "ICF/IID" has the same meaning as in section 5124.01 of	23886
the Revised Code.	23887

(I) "Indigent person" means a person who is unable, without	23888
substantial financial hardship, to provide for the payment of an	23889
attorney and for other necessary expenses of legal representation,	23890
including expert testimony.	23891

(J) "Institution" means a public or private facility, or a	23892
part of a public or private facility, that is licensed by the	23893
appropriate state department and is equipped to provide	23894
residential habilitation, care, and treatment for the mentally	23895
retarded.	23896

(K) "Licensed physician" means a person who holds a valid	23897
certificate issued under Chapter 4731. of the Revised Code	23898
authorizing the person to practice medicine and surgery or	23899
osteopathic medicine and surgery, or a medical officer of the	23900
government of the United States while in the performance of the	23901
officer's official duties.	23902

(L) "Managing officer" means a person who is appointed by the	23903
director of developmental disabilities to be in executive control	23904
of an institution for the mentally retarded under the jurisdiction	23905
of the department.	23906

(M) "Medicaid case management services" means case management	23907
services provided to an individual with mental retardation or	23908
other developmental disability that the state medicaid plan	23909
requires.	23910

(N) "Mentally retarded person" means a person having	23911
significantly subaverage general intellectual functioning existing	23912
concurrently with deficiencies in adaptive behavior, manifested	23913
during the developmental period.	23914

(O) "Mentally retarded person subject to institutionalization	23915
by court order" means a person eighteen years of age or older who	23916
is at least moderately mentally retarded and in relation to whom,	23917
because of the person's retardation, either of the following	23918
conditions exist:	23919

(1) The person represents a very substantial risk of physical	23920
impairment or injury to self as manifested by evidence that the	23921
person is unable to provide for and is not providing for the	23922
person's most basic physical needs and that provision for those	23923
needs is not available in the community;	23924

(2) The person needs and is susceptible to significant	23925
habilitation in an institution.	23926

(P) "A person who is at least moderately mentally retarded"	23927
means a person who is found, following a comprehensive evaluation,	23928
to be impaired in adaptive behavior to a moderate degree and to be	23929
functioning at the moderate level of intellectual functioning in	23930
accordance with standard measurements as recorded in the most	23931
current revision of the manual of terminology and classification	23932
in mental retardation published by the American association on	23933
mental retardation.	23934

(Q) As used in this division, ~~"substantial functional~~	23935
~~limitation,"~~ "developmental delay," ~~and "established risk" have~~	23936
has the ~~meanings~~meaning established pursuant to section 5123.011	23937
of the Revised Code.	23938

"Developmental disability" means a severe, chronic disability	23939
that is characterized by all of the following:	23940

(1) It is attributable to a mental or physical impairment or	23941
a combination of mental and physical impairments, other than a	23942
mental or physical impairment solely caused by mental illness as	23943
defined in division (A) of section 5122.01 of the Revised Code.	23944

(2) It is manifested before age twenty-two.

23945

(3) It is likely to continue indefinitely.

23946

(4) It results in one of the following:

23947

(a) In the case of a person under three years of age, at	23948
least one developmental delay or ~~an established risk~~a diagnosed	23949
physical or mental condition that has a high probability of	23950
resulting in a developmental delay;	23951

(b) In the case of a person at least three years of age but	23952
under six years of age, at least two developmental delays ~~or an~~	23953
~~established risk~~;	23954

(c) In the case of a person six years of age or older, a	23955
substantial functional limitation in at least three of the	23956
following areas of major life activity, as appropriate for the	23957
person's age: self-care, receptive and expressive language,	23958
learning, mobility, self-direction, capacity for independent	23959
living, and, if the person is at least sixteen years of age,	23960
capacity for economic self-sufficiency.	23961

(5) It causes the person to need a combination and sequence	23962
of special, interdisciplinary, or other type of care, treatment,	23963
or provision of services for an extended period of time that is	23964
individually planned and coordinated for the person.	23965

(R) "Developmentally disabled person" means a person with a	23966
developmental disability.	23967

(S) "State institution" means an institution that is	23968
tax-supported and under the jurisdiction of the department.	23969

(T) "Residence" and "legal residence" have the same meaning	23970
as "legal settlement," which is acquired by residing in Ohio for a	23971
period of one year without receiving general assistance prior to	23972
July 17, 1995, under former Chapter 5113. of the Revised Code,	23973
financial assistance under Chapter 5115. of the Revised Code, or	23974
assistance from a private agency that maintains records of	23975
assistance given. A person having a legal settlement in the state	23976
shall be considered as having legal settlement in the assistance	23977
area in which the person resides. No adult person coming into this	23978
state and having a spouse or minor children residing in another	23979
state shall obtain a legal settlement in this state as long as the	23980
spouse or minor children are receiving public assistance, care, or	23981
support at the expense of the other state or its subdivisions. For	23982
the purpose of determining the legal settlement of a person who is	23983
living in a public or private institution or in a home subject to	23984
licensing by the department of job and family services, the	23985
department of mental health and addiction services, or the	23986
department of developmental disabilities, the residence of the	23987
person shall be considered as though the person were residing in	23988
the county in which the person was living prior to the person's	23989
entrance into the institution or home. Settlement once acquired	23990
shall continue until a person has been continuously absent from	23991
Ohio for a period of one year or has acquired a legal residence in	23992
another state. A woman who marries a man with legal settlement in	23993
any county immediately acquires the settlement of her husband. The	23994
legal settlement of a minor is that of the parents, surviving	23995
parent, sole parent, parent who is designated the residential	23996
parent and legal custodian by a court, other adult having	23997
permanent custody awarded by a court, or guardian of the person of	23998
the minor, provided that:	23999

(1) A minor female who marries shall be considered to have	24000
the legal settlement of her husband and, in the case of death of	24001
her husband or divorce, she shall not thereby lose her legal	24002
settlement obtained by the marriage.	24003

(2) A minor male who marries, establishes a home, and who has	24004
resided in this state for one year without receiving general	24005
assistance prior to July 17, 1995, under former Chapter 5113. of	24006
the Revised Code, financial assistance under Chapter 5115. of the	24007
Revised Code, or assistance from a private agency that maintains	24008
records of assistance given shall be considered to have obtained a	24009
legal settlement in this state.	24010

(3) The legal settlement of a child under eighteen years of	24011
age who is in the care or custody of a public or private child	24012
caring agency shall not change if the legal settlement of the	24013
parent changes until after the child has been in the home of the	24014
parent for a period of one year.	24015

No person, adult or minor, may establish a legal settlement	24016
in this state for the purpose of gaining admission to any state	24017
institution.	24018

(U)(1) "Resident" means, subject to division (U)(2) of this	24019
section, a person who is admitted either voluntarily or	24020
involuntarily to an institution or other facility pursuant to	24021
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	24022
Code subsequent to a finding of not guilty by reason of insanity	24023
or incompetence to stand trial or under this chapter who is under	24024
observation or receiving habilitation and care in an institution.	24025

(2) "Resident" does not include a person admitted to an	24026
institution or other facility under section 2945.39, 2945.40,	24027
2945.401, or 2945.402 of the Revised Code to the extent that the	24028
reference in this chapter to resident, or the context in which the	24029
reference occurs, is in conflict with any provision of sections	24030
2945.37 to 2945.402 of the Revised Code.	24031

(V) "Respondent" means the person whose detention,	24032
commitment, or continued commitment is being sought in any	24033
proceeding under this chapter.	24034

(W) "Working day" and "court day" mean Monday, Tuesday,	24035
Wednesday, Thursday, and Friday, except when such day is a legal	24036
holiday.	24037

(X) "Prosecutor" means the prosecuting attorney, village	24038
solicitor, city director of law, or similar chief legal officer	24039
who prosecuted a criminal case in which a person was found not	24040
guilty by reason of insanity, who would have had the authority to	24041
prosecute a criminal case against a person if the person had not	24042
been found incompetent to stand trial, or who prosecuted a case in	24043
which a person was found guilty.	24044

(Y) "Court" means the probate division of the court of common	24045
pleas.	24046

(Z) "Supported living" and "residential services" have the	24047
same meanings as in section 5126.01 of the Revised Code.	24048

Sec. 5123.011. The director of developmental disabilities	24049
shall adopt rules in accordance with Chapter 119. of the Revised	24050
Code ~~that establish definitions of "substantial functional~~	24051
~~limitation,"~~to do both of the following:	24052

(A) Define "developmental delay~~," "established risk,"~~	24053
~~"biological risk," and "environmental risk.~~";	24054

(B) For the purpose of division (Q)(4)(c) of section 5123.01	24055
and division (F)(4)(c) of section 5126.01 of the Revised Code,	24056
specify how to determine whether a person six years of age or	24057
older has a substantial functional limitation in a major life	24058
activity as appropriate for the person's age.	24059

Sec. 5123.012. (A) As used in this section:

24060

~~(1) "Biological risk" and "environmental risk" have the~~	24061
~~meanings established pursuant to section 5123.011 of the Revised~~	24062
~~Code.~~	24063

~~(2) "Preschool~~, "preschool child with a disability" has the	24064
same meaning as in section 3323.01 of the Revised Code.	24065

(B) Except as provided in division (C) of this section, the	24066
department of developmental disabilities shall make eligibility	24067
determinations in accordance with the definition of "developmental	24068
disability" in section 5123.01 of the Revised Code. The department	24069
may adopt rules in accordance with Chapter 119. of the Revised	24070
Code establishing eligibility for programs and services for ~~either~~	24071
~~of the following:~~	24072

~~(1) Individuals under age six who have a biological risk or~~	24073
~~environmental risk of a developmental delay;~~	24074

~~(2) Any~~any preschool child with a disability eligible for	24075
services under section 3323.02 of the Revised Code whose	24076
disability is not attributable solely to mental illness as defined	24077
in section 5122.01 of the Revised Code.	24078

(C)(1) The department shall make determinations of	24079
eligibility for protective services in accordance with sections	24080
5123.55 to 5123.59 of the Revised Code.	24081

(2) Determinations of whether a mentally retarded person is	24082
subject to institutionalization by court order shall be made in	24083
accordance with sections 5123.71 to 5123.76 of the Revised Code	24084
and shall be based on the definition of "mentally retarded person	24085
subject to institutionalization by court order" in section 5123.01	24086
of the Revised Code.	24087

(3) All persons who were eligible for services and enrolled	24088
in programs offered by the department of developmental	24089
disabilities pursuant to this chapter on July 1, 1991, shall	24090
continue to be eligible for those services and to be enrolled in	24091
those programs as long as they are in need of services.	24092

Sec. 5123.0420. As used in this section, "evidence-based	24093
intervention" means a prevention or treatment service that has	24094
been demonstrated through scientific evaluation to produce a	24095
positive outcome.	24096

The department of developmental disabilities shall establish	24097
a voluntary training and certification program for individuals who	24098
provide evidence-based interventions to individuals with an autism	24099
spectrum disorder. The department shall administer the program or	24100
contract with a person or other government entity to administer	24101
the program. The program shall not conflict with or duplicate any	24102
other certification or licensure process administered by the	24103
state.	24104

The director of developmental disabilities may adopt rules as	24105
necessary to implement this section. If the director adopts rules,	24106
the rules shall be adopted in accordance with Chapter 119. of the	24107
Revised Code.	24108

Sec. 5123.16. (A) As used in sections 5123.16 to 5123.1610	24109
of the Revised Code:	24110

(1) "Applicant" means any of the following:

24111

(a) The chief executive officer of a business that applies	24112
under section 5123.161 of the Revised Code for a certificate to	24113
provide supported living;	24114

(b) The chief executive officer of a business that seeks	24115
renewal of the business's supported living certificate under	24116
section 5123.164 of the Revised Code;	24117

(c) An individual who applies under section 5123.161 of the	24118
Revised Code for a certificate to provide supported living as an	24119
independent provider;	24120

(d) An independent provider who seeks renewal of the	24121
independent provider's supported living certificate under section	24122
5123.164 of the Revised Code.	24123

(2)~~(a)~~ "Business" means ~~either of the following:~~

24124

~~(i) An~~an association, corporation, nonprofit organization,	24125
partnership, trust, or other group of persons;	24126

~~(ii) An individual who employs, directly or through contract,~~	24127
~~one or more other individuals to provide supported living.~~	24128

~~(b)~~. "Business" does not mean an independent provider.

24129

(3) "Criminal records check" has the same meaning as in	24130
section 109.572 of the Revised Code.	24131

(4) "Disqualifying offense" means any of the offenses listed	24132
or described in divisions (A)(3)(a) to (e) of section 109.572 of	24133
the Revised Code.	24134

(5) "Independent provider" means a provider who provides	24135
supported living on a self-employed basis and does not employ,	24136
directly or through contract, another ~~individual~~person to provide	24137
the supported living.	24138

(6) "Provider" means a person or government entity certified	24139
by the director of developmental disabilities to provide supported	24140
living. For the purpose of division (A)(8) of this section,	24141
"provider" includes a person or government entity that seeks or	24142
previously held a certificate to provide supported living.	24143

(7) "Minor drug possession offense" has the same meaning as	24144
in section 2925.01 of the Revised Code.	24145

(8) "Related party" means any of the following:

24146

(a) In the case of a provider who is an individual, any of	24147
the following:	24148

(i) The spouse of the provider;

24149

(ii) A parent or stepparent of the provider or provider's	24150
spouse;	24151

(iii) A child of the provider or provider's spouse;

24152

(iv) A sibling, half sibling, or stepsibling of the provider	24153
or provider's spouse;	24154

(v) A grandparent of the provider or provider's spouse;

24155

(vi) A grandchild of the provider or provider's spouse;

24156

~~(vii) An employee or employer of the provider or provider's~~	24157
~~spouse~~.	24158

(b) In the case of a provider that is a person other than an	24159
individual, any of the following:	24160

(i) ~~An employee of the person~~Any person or government entity	24161
that directly or indirectly controls the provider's day-to-day	24162
operations (including as a general manager, business manager,	24163
financial manager, administrator, or director), regardless of	24164
whether the person or government entity exercises the control	24165
pursuant to a contract or other arrangement and regardless of	24166
whether the person or government entity is required to file an	24167
Internal Revenue Code form W-2 for the provider;	24168

(ii) An officer of the provider, including the chief	24169
executive officer, president, vice-president, secretary, and	24170
treasurer;	24171

(iii) A member of the provider's board of directors or	24172
trustees;	24173

(iv) A person owning a financial interest of five per cent or	24174
more in the provider, including a direct, indirect, security, or	24175
mortgage financial interest;	24176

(v) ~~A corporation that has a subsidiary relationship with the~~	24177
~~provider;~~	24178

~~(vi) A person or government entity that has control over the~~	24179
~~provider's day-to-day operation;~~	24180

~~(vii)~~The spouse, parent, stepparent, child, sibling, half	24181
sibling, stepsibling, grandparent, or grandchild of any of the	24182
persons specified in divisions (A)(8)(b)(i) to (iv) of this	24183
section;	24184

(vi) A person over which the provider has control of the	24185
day-to-day operation;	24186

(vii) A corporation that has a subsidiary relationship with	24187
the provider.	24188

(c) In the case of a provider that is a government entity,	24189
any of the following:	24190

(i) ~~An employee of the provider~~Any person or government	24191
entity that directly or indirectly controls the provider's	24192
day-to-day operations (including as a general manager, financial	24193
manager, administrator, or director), regardless of whether the	24194
person or government entity exercises the control pursuant to a	24195
contract or other arrangement;	24196

(ii) An officer of the provider;

24197

(iii) A member of the provider's governing board;

24198

(iv) ~~A government entity that has control over the provider's~~	24199
~~day-to-day operation;~~	24200

~~(v)~~ A person or government entity over which the provider has	24201
control of the day-to-day operation.	24202

(B) No person or government entity may provide supported	24203
living without a valid supported living certificate issued by the	24204
director of developmental disabilities.	24205

(C) A county board of developmental disabilities may provide	24206
supported living only to the extent permitted by rules adopted	24207
under section 5123.1610 of the Revised Code.	24208

Sec. 5123.162. (A) The director of developmental	24209
disabilities may conduct surveys of persons and government	24210
entities that seek a supported living certificate to determine	24211
whether the persons and government entities meet the certification	24212
standards. The director may also conduct surveys of providers to	24213
determine whether the providers continue to meet the certification	24214
standards. The director may assign to a county board of	24215
developmental disabilities the responsibility to conduct either	24216
type of survey. Each survey shall ~~conduct the surveys~~be conducted	24217
in accordance with rules adopted under section 5123.1610 of the	24218
Revised Code.	24219

(B) Following each survey of a provider, the director shall	24220
issue a report listing the date of the survey, any citations	24221
issued as a result of the survey, and the statutes or rules that	24222
purportedly have been violated and are the bases of the citations.	24223
The director shall also do both of the following:	24224

(1) Specify a date by which the provider may appeal any of	24225
the citations;	24226

(2) When appropriate, specify a timetable within which the	24227
provider must submit a plan of correction describing how the	24228
problems specified in the citations will be corrected and the date	24229
by which the provider anticipates the problems will be corrected.	24230

(C) If the director initiates a proceeding to revoke a	24231
provider's certification, the director shall include the report	24232
required by division (B) of this section with the notice of the	24233
proposed revocation the director sends to the provider. In this	24234
circumstance, the provider may not submit a plan of correction.	24235

(D) After a plan of correction is submitted, the director	24236
shall approve or disapprove the plan. If the plan of correction is	24237
approved, a copy of the approved plan shall be provided, not later	24238
than five business days after it is approved, to any person or	24239
government entity that requests it and made available on the	24240
internet web site maintained by the department of developmental	24241
disabilities. If the plan of correction is not approved and the	24242
director initiates a proceeding to revoke the provider's	24243
certification, a copy of the survey report shall be provided to	24244
any person or government entity that requests it and shall be made	24245
available on the internet web site maintained by the department.	24246

~~The~~(E) In addition to survey reports described in this	24247
section, all other records ofassociated with surveys conducted	24248
under this section are public records for the purpose of section	24249
149.43 of the Revised Code and shall be made available on the	24250
request of any person or government entity.	24251

Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of	24252
the Revised Code:	24253

(1) "Independent living arrangement" means an arrangement in	24254
which a mentally retarded or developmentally disabled person	24255
resides in an individualized setting chosen by the person or the	24256
person's guardian, which is not dedicated principally to the	24257
provision of residential services for mentally retarded or	24258
developmentally disabled persons, and for which no financial	24259
support is received for rendering such service from any	24260
governmental agency by a provider of residential services.	24261

(2) "Licensee" means the person or government agency that has	24262
applied for a license to operate a residential facility and to	24263
which the license was issued under this section.	24264

(3) "Political subdivision" means a municipal corporation,	24265
county, or township.	24266

(4) "Related party" has the same meaning as in section	24267
5123.16 of the Revised Code except that "provider" as used in the	24268
definition of "related party" means a person or government entity	24269
that held or applied for a license to operate a residential	24270
facility, rather than a person or government entity certified to	24271
provide supported living.	24272

(5)(a) Except as provided in division (A)(5)(b) of this	24273
section, "residential facility" means a home or facility,	24274
including an ICF/IID, in which an individual with mental	24275
retardation or a developmental disability resides.	24276

(b) "Residential facility" does not mean any of the	24277
following:	24278

(i) The home of a relative or legal guardian in which an	24279
individual with mental retardation or a developmental disability	24280
resides;	24281

(ii) A respite care home certified under section 5126.05 of	24282
the Revised Code;	24283

(iii) A county home or district home operated pursuant to	24284
Chapter 5155. of the Revised Code;	24285

(iv) A dwelling in which the only residents with mental	24286
retardation or developmental disabilities are in independent	24287
living arrangements or are being provided supported living.	24288

(B) Every person or government agency desiring to operate a	24289
residential facility shall apply for licensure of the facility to	24290
the director of developmental disabilities unless the residential	24291
facility is subject to section 3721.02, 5103.03, 5119.33, or	24292
division (A)(9)(b) of section 5119.34 of the Revised Code.	24293

(C) Subject to section 5123.196 of the Revised Code, the	24294
director of developmental disabilities shall license the operation	24295
of residential facilities. An initial license shall be issued for	24296
a period that does not exceed one year, unless the director denies	24297
the license under division (D) of this section. A license shall be	24298
renewed for a period that does not exceed three years, unless the	24299
director refuses to renew the license under division (D) of this	24300
section. The director, when issuing or renewing a license, shall	24301
specify the period for which the license is being issued or	24302
renewed. A license remains valid for the length of the licensing	24303
period specified by the director, unless the license is	24304
terminated, revoked, or voluntarily surrendered.	24305

(D) If it is determined that an applicant or licensee is not	24306
in compliance with a provision of this chapter that applies to	24307
residential facilities or the rules adopted under such a	24308
provision, the director may deny issuance of a license, refuse to	24309
renew a license, terminate a license, revoke a license, issue an	24310
order for the suspension of admissions to a facility, issue an	24311
order for the placement of a monitor at a facility, issue an order	24312
for the immediate removal of residents, or take any other action	24313
the director considers necessary consistent with the director's	24314
authority under this chapter regarding residential facilities. In	24315
the director's selection and administration of the sanction to be	24316
imposed, all of the following apply:	24317

(1) The director may deny, refuse to renew, or revoke a	24318
license, if the director determines that the applicant or licensee	24319
has demonstrated a pattern of serious noncompliance or that a	24320
violation creates a substantial risk to the health and safety of	24321
residents of a residential facility.	24322

(2) The director may terminate a license if more than twelve	24323
consecutive months have elapsed since the residential facility was	24324
last occupied by a resident or a notice required by division (K)	24325
of this section is not given.	24326

(3) The director may issue an order for the suspension of	24327
admissions to a facility for any violation that may result in	24328
sanctions under division (D)(1) of this section and for any other	24329
violation specified in rules adopted under division (H)(2) of this	24330
section. If the suspension of admissions is imposed for a	24331
violation that may result in sanctions under division (D)(1) of	24332
this section, the director may impose the suspension before	24333
providing an opportunity for an adjudication under Chapter 119. of	24334
the Revised Code. The director shall lift an order for the	24335
suspension of admissions when the director determines that the	24336
violation that formed the basis for the order has been corrected.	24337

(4) The director may order the placement of a monitor at a	24338
residential facility for any violation specified in rules adopted	24339
under division (H)(2) of this section. The director shall lift the	24340
order when the director determines that the violation that formed	24341
the basis for the order has been corrected.	24342

(5) If the director determines that two or more residential	24343
facilities owned or operated by the same person or government	24344
entity are not being operated in compliance with a provision of	24345
this chapter that applies to residential facilities or the rules	24346
adopted under such a provision, and the director's findings are	24347
based on the same or a substantially similar action, practice,	24348
circumstance, or incident that creates a substantial risk to the	24349
health and safety of the residents, the director shall conduct a	24350
survey as soon as practicable at each residential facility owned	24351
or operated by that person or government entity. The director may	24352
take any action authorized by this section with respect to any	24353
facility found to be operating in violation of a provision of this	24354
chapter that applies to residential facilities or the rules	24355
adopted under such a provision.	24356

(6) When the director initiates license revocation	24357
proceedings, no opportunity for submitting a plan of correction	24358
shall be given. The director shall notify the licensee by letter	24359
of the initiation of the proceedings. The letter shall list the	24360
deficiencies of the residential facility and inform the licensee	24361
that no plan of correction will be accepted. The director shall	24362
also send a copy of the letter to the county board of	24363
developmental disabilities. The county board shall send a copy of	24364
the letter to each of the following:	24365

(a) Each resident who receives services from the licensee;

24366

(b) The guardian of each resident who receives services from	24367
the licensee if the resident has a guardian;	24368

(c) The parent or guardian of each resident who receives	24369
services from the licensee if the resident is a minor.	24370

(7) Pursuant to rules which shall be adopted in accordance	24371
with Chapter 119. of the Revised Code, the director may order the	24372
immediate removal of residents from a residential facility	24373
whenever conditions at the facility present an immediate danger of	24374
physical or psychological harm to the residents.	24375

(8) In determining whether a residential facility is being	24376
operated in compliance with a provision of this chapter that	24377
applies to residential facilities or the rules adopted under such	24378
a provision, or whether conditions at a residential facility	24379
present an immediate danger of physical or psychological harm to	24380
the residents, the director may rely on information obtained by a	24381
county board of developmental disabilities or other governmental	24382
agencies.	24383

(9) In proceedings initiated to deny, refuse to renew, or	24384
revoke licenses, the director may deny, refuse to renew, or revoke	24385
a license regardless of whether some or all of the deficiencies	24386
that prompted the proceedings have been corrected at the time of	24387
the hearing.	24388

(E) The director shall establish a program under which public	24389
notification may be made when the director has initiated license	24390
revocation proceedings or has issued an order for the suspension	24391
of admissions, placement of a monitor, or removal of residents.	24392
The director shall adopt rules in accordance with Chapter 119. of	24393
the Revised Code to implement this division. The rules shall	24394
establish the procedures by which the public notification will be	24395
made and specify the circumstances for which the notification must	24396
be made. The rules shall require that public notification be made	24397
if the director has taken action against the facility in the	24398
eighteen-month period immediately preceding the director's latest	24399
action against the facility and the latest action is being taken	24400
for the same or a substantially similar violation of a provision	24401
of this chapter that applies to residential facilities or the	24402
rules adopted under such a provision. The rules shall specify a	24403
method for removing or amending the public notification if the	24404
director's action is found to have been unjustified or the	24405
violation at the residential facility has been corrected.	24406

(F)(1) Except as provided in division (F)(2) of this section,	24407
appeals from proceedings initiated to impose a sanction under	24408
division (D) of this section shall be conducted in accordance with	24409
Chapter 119. of the Revised Code.	24410

(2) Appeals from proceedings initiated to order the	24411
suspension of admissions to a facility shall be conducted in	24412
accordance with Chapter 119. of the Revised Code, unless the order	24413
was issued before providing an opportunity for an adjudication, in	24414
which case all of the following apply:	24415

(a) The licensee may request a hearing not later than ten	24416
days after receiving the notice specified in section 119.07 of the	24417
Revised Code.	24418

(b) If a timely request for a hearing that includes the	24419
licensee's current address is made, the hearing shall commence not	24420
later than thirty days after the department receives the request.	24421

(c) After commencing, the hearing shall continue	24422
uninterrupted, except for Saturdays, Sundays, and legal holidays,	24423
unless other interruptions are agreed to by the licensee and the	24424
director.	24425

(d) If the hearing is conducted by a hearing examiner, the	24426
hearing examiner shall file a report and recommendations not later	24427
than ten days after the last of the following:	24428

(i) The close of the hearing;

24429

(ii) If a transcript of the proceedings is ordered, the	24430
hearing examiner receives the transcript;	24431

(iii) If post-hearing briefs are timely filed, the hearing	24432
examiner receives the briefs.	24433

(e) A copy of the written report and recommendation of the	24434
hearing examiner shall be sent, by certified mail, to the licensee	24435
and the licensee's attorney, if applicable, not later than five	24436
days after the report is filed.	24437

(f) Not later than five days after the hearing examiner files	24438
the report and recommendations, the licensee may file objections	24439
to the report and recommendations.	24440

(g) Not later than fifteen days after the hearing examiner	24441
files the report and recommendations, the director shall issue an	24442
order approving, modifying, or disapproving the report and	24443
recommendations.	24444

(h) Notwithstanding the pendency of the hearing, the director	24445
shall lift the order for the suspension of admissions when the	24446
director determines that the violation that formed the basis for	24447
the order has been corrected.	24448

(G) Neither a person or government agency whose application	24449
for a license to operate a residential facility is denied nor a	24450
related party of the person or government agency may apply for a	24451
license to operate a residential facility before the date that is	24452
one year after the date of the denial. Neither a licensee whose	24453
residential facility license is revoked nor a related party of the	24454
licensee may apply for a residential facility license before the	24455
date that is five years after the date of the revocation.	24456

(H) In accordance with Chapter 119. of the Revised Code, the	24457
director shall adopt and may amend and rescind rules for licensing	24458
and regulating the operation of residential facilities. The rules	24459
for residential facilities that are ICFs/IID may differ from those	24460
for other residential facilities. The rules shall establish and	24461
specify the following:	24462

(1) Procedures and criteria for issuing and renewing	24463
licenses, including procedures and criteria for determining the	24464
length of the licensing period that the director must specify for	24465
each license when it is issued or renewed;	24466

(2) Procedures and criteria for denying, refusing to renew,	24467
terminating, and revoking licenses and for ordering the suspension	24468
of admissions to a facility, placement of a monitor at a facility,	24469
and the immediate removal of residents from a facility;	24470

(3) Fees for issuing and renewing licenses, which shall be	24471
deposited into the program fee fund created under section 5123.033	24472
of the Revised Code;	24473

(4) Procedures for surveying residential facilities;

24474

(5) Requirements for the training of residential facility	24475
personnel;	24476

(6) Classifications for the various types of residential	24477
facilities;	24478

(7) Certification procedures for licensees and management	24479
contractors that the director determines are necessary to ensure	24480
that they have the skills and qualifications to properly operate	24481
or manage residential facilities;	24482

(8) The maximum number of persons who may be served in a	24483
particular type of residential facility;	24484

(9) Uniform procedures for admission of persons to and	24485
transfers and discharges of persons from residential facilities;	24486

(10) Other standards for the operation of residential	24487
facilities and the services provided at residential facilities;	24488

(11) Procedures for waiving any provision of any rule adopted	24489
under this section.	24490

(I)(1) Before issuing a license, the director ~~of the~~	24491
~~department or the director's designee~~ shall conduct a survey of	24492
the residential facility for which application is made. The	24493
director ~~or the director's designee~~ shall conduct a survey of each	24494
licensed residential facility at least once during the period the	24495
license is valid and may conduct additional inspections as needed.	24496
A survey includes but is not limited to an on-site examination and	24497
evaluation of the residential facility, its personnel, and the	24498
services provided there. The director may assign to a county board	24499
of developmental disabilities the responsibility to conduct any	24500
survey or inspection under this section.	24501

(2) In conducting surveys, the director ~~or the director's~~	24502
~~designee~~ shall be given access to the residential facility; all	24503
records, accounts, and any other documents related to the	24504
operation of the facility; the licensee; the residents of the	24505
facility; and all persons acting on behalf of, under the control	24506
of, or in connection with the licensee. The licensee and all	24507
persons on behalf of, under the control of, or in connection with	24508
the licensee shall cooperate with the director ~~or the director's~~	24509
~~designee~~ in conducting the survey.	24510

(3) Following each survey, ~~unless the director initiates a~~	24511
~~license revocation proceeding,~~ the director ~~or the director's~~	24512
~~designee~~ shall provide the licensee with a report listing the date	24513
of the survey, any ~~deficiencies, specifying~~citations issued as a	24514
result of the survey, and the statutes or rules that purportedly	24515
have been violated and are the bases of the citations. The	24516
director shall also do both of the following:	24517

(a) Specify a date by which the licensee may appeal any of	24518
the citations;	24519

(b) When appropriate, specify a timetable within which the	24520
licensee ~~shall~~must submit a plan of correction describing how	24521
the ~~deficiencies~~problems specified in the citations will be	24522
corrected, and~~, when appropriate~~, ~~specifying a timetable within~~	24523
the date by which the licensee ~~must correct~~anticipates the	24524
~~deficiencies~~problems will be corrected. ~~After~~	24525

(4) If the director initiates a proceeding to revoke a	24527
license, the director shall include the report required by	24528
division (I)(3) of this section with the notice of the proposed	24529
revocation the director sends to the licensee. In this	24530
circumstance, the licensee may not submit a plan of correction.	24531

(5) After a plan of correction is submitted, the director or	24532
~~the director's designee~~ shall approve or disapprove the plan. AIf	24533
the plan of correction is approved, a copy of the ~~report and any~~	24534
approved plan ~~of correction~~ shall be provided, not later than five	24535
business days after it is approved, to any person or government	24536
entity who requests it and made available on the internet web site	24537
maintained by the department of developmental disabilities. If the	24538
plan of correction is not approved and the director initiates a	24539
proceeding to revoke the license, a copy of the survey report	24540
shall be provided to any person or government entity that requests	24541
it and shall be made available on the internet web site maintained	24542
by the department.	24543

(6) The director shall initiate disciplinary action against	24544
any department employee who notifies or causes the notification to	24545
any unauthorized person of an unannounced survey of a residential	24546
facility by an authorized representative of the department.	24547

(J) In addition to any other information which may be	24548
required of applicants for a license pursuant to this section, the	24549
director shall require each applicant to provide a copy of an	24550
approved plan for a proposed residential facility pursuant to	24551
section 5123.042 of the Revised Code. This division does not apply	24552
to renewal of a license or to an applicant for an initial or	24553
modified license who meets the requirements of section 5123.197 of	24554
the Revised Code.	24555

(K) A licensee shall notify the owner of the building in	24556
which the licensee's residential facility is located of any	24557
significant change in the identity of the licensee or management	24558
contractor before the effective date of the change if the licensee	24559
is not the owner of the building.	24560

Pursuant to rules which shall be adopted in accordance with	24561
Chapter 119. of the Revised Code, the director may require	24562
notification to the department of any significant change in the	24563
ownership of a residential facility or in the identity of the	24564
licensee or management contractor. If the director determines that	24565
a significant change of ownership is proposed, the director shall	24566
consider the proposed change to be an application for development	24567
by a new operator pursuant to section 5123.042 of the Revised Code	24568
and shall advise the applicant within sixty days of the	24569
notification that the current license shall continue in effect or	24570
a new license will be required pursuant to this section. If the	24571
director requires a new license, the director shall permit the	24572
facility to continue to operate under the current license until	24573
the new license is issued, unless the current license is revoked,	24574
refused to be renewed, or terminated in accordance with Chapter	24575
119. of the Revised Code.	24576

(L) A county board of developmental disabilities and any	24577
interested person may file complaints alleging violations of	24578
statute or department rule relating to residential facilities with	24579
the department. All complaints shall be in writing and shall state	24580
the facts constituting the basis of the allegation. The department	24581
shall not reveal the source of any complaint unless the	24582
complainant agrees in writing to waive the right to	24583
confidentiality or until so ordered by a court of competent	24584
jurisdiction.	24585

The department shall adopt rules in accordance with Chapter	24586
119. of the Revised Code establishing procedures for the receipt,	24587
referral, investigation, and disposition of complaints filed with	24588
the department under this division.	24589

(M) The department shall establish procedures for the	24590
notification of interested parties of the transfer or interim care	24591
of residents from residential facilities that are closing or are	24592
losing their license.	24593

(N) Before issuing a license under this section to a	24594
residential facility that will accommodate at any time more than	24595
one mentally retarded or developmentally disabled individual, the	24596
director shall, by first class mail, notify the following:	24597

(1) If the facility will be located in a municipal	24598
corporation, the clerk of the legislative authority of the	24599
municipal corporation;	24600

(2) If the facility will be located in unincorporated	24601
territory, the clerk of the appropriate board of county	24602
commissioners and the fiscal officer of the appropriate board of	24603
township trustees.	24604

The director shall not issue the license for ten days after	24605
mailing the notice, excluding Saturdays, Sundays, and legal	24606
holidays, in order to give the notified local officials time in	24607
which to comment on the proposed issuance.	24608

Any legislative authority of a municipal corporation, board	24609
of county commissioners, or board of township trustees that	24610
receives notice under this division of the proposed issuance of a	24611
license for a residential facility may comment on it in writing to	24612
the director within ten days after the director mailed the notice,	24613
excluding Saturdays, Sundays, and legal holidays. If the director	24614
receives written comments from any notified officials within the	24615
specified time, the director shall make written findings	24616
concerning the comments and the director's decision on the	24617
issuance of the license. If the director does not receive written	24618
comments from any notified local officials within the specified	24619
time, the director shall continue the process for issuance of the	24620
license.	24621

(O) Any person may operate a licensed residential facility	24622
that provides room and board, personal care, habilitation	24623
services, and supervision in a family setting for at least six but	24624
not more than eight persons with mental retardation or a	24625
developmental disability as a permitted use in any residential	24626
district or zone, including any single-family residential district	24627
or zone, of any political subdivision. These residential	24628
facilities may be required to comply with area, height, yard, and	24629
architectural compatibility requirements that are uniformly	24630
imposed upon all single-family residences within the district or	24631
zone.	24632

(P) Any person may operate a licensed residential facility	24633
that provides room and board, personal care, habilitation	24634
services, and supervision in a family setting for at least nine	24635
but not more than sixteen persons with mental retardation or a	24636
developmental disability as a permitted use in any multiple-family	24637
residential district or zone of any political subdivision, except	24638
that a political subdivision that has enacted a zoning ordinance	24639
or resolution establishing planned unit development districts may	24640
exclude these residential facilities from those districts, and a	24641
political subdivision that has enacted a zoning ordinance or	24642
resolution may regulate these residential facilities in	24643
multiple-family residential districts or zones as a conditionally	24644
permitted use or special exception, in either case, under	24645
reasonable and specific standards and conditions set out in the	24646
zoning ordinance or resolution to:	24647

(1) Require the architectural design and site layout of the	24648
residential facility and the location, nature, and height of any	24649
walls, screens, and fences to be compatible with adjoining land	24650
uses and the residential character of the neighborhood;	24651

(2) Require compliance with yard, parking, and sign	24652
regulation;	24653

(3) Limit excessive concentration of these residential	24654
facilities.	24655

(Q) This section does not prohibit a political subdivision	24656
from applying to residential facilities nondiscriminatory	24657
regulations requiring compliance with health, fire, and safety	24658
regulations and building standards and regulations.	24659

(R) Divisions (O) and (P) of this section are not applicable	24660
to municipal corporations that had in effect on June 15, 1977, an	24661
ordinance specifically permitting in residential zones licensed	24662
residential facilities by means of permitted uses, conditional	24663
uses, or special exception, so long as such ordinance remains in	24664
effect without any substantive modification.	24665

(S)(1) The director may issue an interim license to operate a	24666
residential facility to an applicant for a license under this	24667
section if either of the following is the case:	24668

(a) The director determines that an emergency exists	24669
requiring immediate placement of persons in a residential	24670
facility, that insufficient licensed beds are available, and that	24671
the residential facility is likely to receive a permanent license	24672
under this section within thirty days after issuance of the	24673
interim license.	24674

(b) The director determines that the issuance of an interim	24675
license is necessary to meet a temporary need for a residential	24676
facility.	24677

(2) To be eligible to receive an interim license, an	24678
applicant must meet the same criteria that must be met to receive	24679
a permanent license under this section, except for any differing	24680
procedures and time frames that may apply to issuance of a	24681
permanent license.	24682

(3) An interim license shall be valid for thirty days and may	24683
be renewed by the director for a period not to exceed one hundred	24684
fifty days.	24685

(4) The director shall adopt rules in accordance with Chapter	24686
119. of the Revised Code as the director considers necessary to	24687
administer the issuance of interim licenses.	24688

(T) Notwithstanding rules adopted pursuant to this section	24689
establishing the maximum number of persons who may be served in a	24690
particular type of residential facility, a residential facility	24691
shall be permitted to serve the same number of persons being	24692
served by the facility on the effective date of the rules or the	24693
number of persons for which the facility is authorized pursuant to	24694
a current application for a certificate of need with a letter of	24695
support from the department of developmental disabilities and	24696
which is in the review process prior to April 4, 1986.	24697

(U) The director ~~or the director's designee~~ may enter at any	24698
time, for purposes of investigation, any home, facility, or other	24699
structure that has been reported to the director or that the	24700
director has reasonable cause to believe is being operated as a	24701
residential facility without a license issued under this section.	24702

The director may petition the court of common pleas of the	24703
county in which an unlicensed residential facility is located for	24704
an order enjoining the person or governmental agency operating the	24705
facility from continuing to operate without a license. The court	24706
may grant the injunction on a showing that the person or	24707
governmental agency named in the petition is operating a	24708
residential facility without a license. The court may grant the	24709
injunction, regardless of whether the residential facility meets	24710
the requirements for receiving a license under this section.	24711

Sec. 5123.191. (A) The court of common pleas or a judge	24712
thereof in the judge's county, or the probate court, may appoint a	24713
receiver to take possession of and operate a residential facility	24714
licensed by the department of developmental disabilities, in	24715
causes pending in such courts respectively, when conditions	24716
existing at the facility present a substantial risk of physical or	24717
mental harm to residents and no other remedies at law are adequate	24718
to protect the health, safety, and welfare of the residents.	24719
Conditions at the facility that may present such risk of harm	24720
include, but are not limited to, instances when any of the	24721
following occur:	24722

(1) The residential facility is in violation of state or	24723
federal law or regulations.	24724

(2) The facility has had its license revoked or procedures	24725
for revocation have been initiated, or the facility is closing or	24726
intends to cease operations.	24727

(3) Arrangements for relocating residents need to be made.

24728

(4) Insolvency of the operator, licensee, or landowner	24729
threatens the operation of the facility.	24730

(5) The facility or operator has demonstrated a pattern and	24731
practice of repeated violations of state or federal laws or	24732
regulations.	24733

(B) A court in which a petition is filed pursuant to this	24734
section shall notify the person holding the license for the	24735
facility and the department of developmental disabilities of the	24736
filing. The court shall order the department to notify the	24737
facility owner, facility operator, county board of developmental	24738
disabilities, facility residents, and residents' parents and	24739
guardians of the filing of the petition.	24740

The court shall provide a hearing on the petition within five	24741
court days of the time it was filed, except that the court may	24742
appoint a receiver prior to that time if it determines that the	24743
circumstances necessitate such action. Following a hearing on the	24744
petition, and upon a determination that the appointment of a	24745
receiver is warranted, the court shall appoint a receiver and	24746
notify the department of developmental disabilities and	24747
appropriate persons of this action.	24748

(C) A residential facility for which a receiver has been	24749
named is deemed to be in compliance with section 5123.19 and	24750
Chapter 3721. of the Revised Code for the duration of the	24751
receivership.	24752

(D) When the operating revenue of a residential facility in	24753
receivership is insufficient to meet its operating expenses,	24754
including the cost of bringing the facility into compliance with	24755
state or federal laws or regulations, the court may order the	24756
state to provide necessary funding, except as provided in division	24757
(K) of this section. The state shall provide such funding, subject	24758
to the approval of the controlling board. The court may also order	24759
the appropriate authorities to expedite all inspections necessary	24760
for the issuance of licenses or the certification of a facility,	24761
and order a facility to be closed if it determines that reasonable	24762
efforts cannot bring the facility into substantial compliance with	24763
the law.	24764

(E) In establishing a receivership, the court shall set forth	24765
the powers and duties of the receiver. The court may generally	24766
authorize the receiver to do all that is prudent and necessary to	24767
safely and efficiently operate the residential facility within the	24768
requirements of state and federal law, but shall require the	24769
receiver to obtain court approval prior to making any single	24770
expenditure of more than five thousand dollars to correct	24771
deficiencies in the structure or furnishings of a facility. The	24772
court shall closely review the conduct of the receiver it has	24773
appointed and shall require regular and detailed reports. The	24774
receivership shall be reviewed at least every sixty days.	24775

(F) A receivership established pursuant to this section shall	24776
be terminated, following notification of the appropriate parties	24777
and a hearing, if the court determines either of the following:	24778

(1) The residential facility has been closed and the former	24779
residents have been relocated to an appropriate facility.	24780

(2) Circumstances no longer exist at the facility that	24781
present a substantial risk of physical or mental harm to	24782
residents, and there is no deficiency in the facility that is	24783
likely to create a future risk of harm.	24784

Notwithstanding division (F)(2) of this section, the court	24785
shall not terminate a receivership for a residential facility that	24786
has previously operated under another receivership unless the	24787
responsibility for the operation of the facility is transferred to	24788
an operator approved by the court and the department of	24789
developmental disabilities.	24790

(G) The department of developmental disabilities may, upon	24791
its own initiative or at the request of an owner, operator, or	24792
resident of a residential facility, or at the request of a	24793
resident's guardian or relative or a county board of developmental	24794
disabilities, petition the court to appoint a receiver to take	24795
possession of and operate a residential facility. When the	24796
department has been requested to file a petition by any of the	24797
parties listed above, it shall, within forty-eight hours of such	24798
request, either file such a petition or notify the requesting	24799
party of its decision not to file. If the department refuses to	24800
file, the requesting party may file a petition with the court	24801
requesting the appointment of a receiver to take possession of and	24802
operate a residential facility.	24803

Petitions filed pursuant to this division shall include the	24804
following:	24805

(1) A description of the specific conditions existing at the	24806
facility which present a substantial risk of physical or mental	24807
harm to residents;	24808

(2) A statement of the absence of other adequate remedies at	24809
law;	24810

(3) The number of individuals residing at the facility;

24811

(4) A statement that the facts have been brought to the	24812
attention of the owner or licensee and that conditions have not	24813
been remedied within a reasonable period of time or that the	24814
conditions, though remedied periodically, habitually exist at the	24815
facility as a pattern or practice;	24816

(5) The name and address of the person holding the license	24817
for the facility and the address of the department of	24818
developmental disabilities.	24819

The court may award to an operator appropriate costs and	24820
expenses, including reasonable attorney's fees, if it determines	24821
that a petitioner has initiated a proceeding in bad faith or	24822
merely for the purpose of harassing or embarrassing the operator.	24823

(H) Except for the department of developmental disabilities	24824
or a county board of developmental disabilities, no party or	24825
person interested in an action shall be appointed a receiver	24826
pursuant to this section.	24827

To assist the court in identifying persons qualified to be	24828
named as receivers, the director of developmental disabilities or	24829
~~the director's designee~~ shall maintain a list of the names of such	24830
persons. The director shall, in accordance with Chapter 119. of	24831
the Revised Code, establish standards for evaluating persons	24832
desiring to be included on such a list.	24833

(I) Before a receiver enters upon the duties of that person,	24834
the receiver must be sworn to perform the duties of receiver	24835
faithfully, and, with surety approved by the court, judge, or	24836
clerk, execute a bond to such person, and in such sum as the court	24837
or judge directs, to the effect that such receiver will faithfully	24838
discharge the duties of receiver in the action, and obey the	24839
orders of the court therein.	24840

(J) Under the control of the appointing court, a receiver may	24841
bring and defend actions in the receiver's own name as receiver	24842
and take and keep possession of property.	24843

The court shall authorize the receiver to do the following:

24844

(1) Collect payment for all goods and services provided to	24845
the residents or others during the period of the receivership at	24846
the same rate as was charged by the licensee at the time the	24847
petition for receivership was filed, unless a different rate is	24848
set by the court;	24849

(2) Honor all leases, mortgages, and secured transactions	24850
governing all buildings, goods, and fixtures of which the receiver	24851
has taken possession and continues to use, subject to the	24852
following conditions:	24853

(a) In the case of a rental agreement, only to the extent of	24854
payments that are for the use of the property during the period of	24855
the receivership;	24856

(b) In the case of a purchase agreement only to the extent of	24857
payments that come due during the period of the receivership.	24858

(3) If transfer of residents is necessary, provide for the	24859
orderly transfer of residents by doing the following:	24860

(a) Cooperating with all appropriate state and local agencies	24861
in carrying out the transfer of residents to alternative community	24862
placements;	24863

(b) Providing for the transportation of residents' belongings	24864
and records;	24865

(c) Helping to locate alternative placements and develop	24866
discharge plans;	24867

(d) Preparing residents for the trauma of discharge;

24868

(e) Permitting residents or guardians to participate in	24869
transfer or discharge planning except when an emergency exists and	24870
immediate transfer is necessary.	24871

(4) Make periodic reports on the status of the residential	24872
program to the appropriate state agency, county board of	24873
developmental disabilities, parents, guardians, and residents;	24874

(5) Compromise demands or claims;

24875

(6) Generally do such acts respecting the residential	24876
facility as the court authorizes.	24877

(K) Neither the receiver nor the department of developmental	24878
disabilities is liable for debts incurred by the owner or operator	24879
of a residential facility for which a receiver has been appointed.	24880

(L) The department of developmental disabilities may contract	24881
for the operation of a residential facility in receivership. The	24882
department shall establish the conditions of a contract.	24883
Notwithstanding any other provision of law, contracts that are	24884
necessary to carry out the powers and duties of the receiver need	24885
not be competitively bid.	24886

(M) The department of developmental disabilities, the	24887
department of job and family services, and the department of	24888
health shall provide technical assistance to any receiver	24889
appointed pursuant to this section.	24890

Sec. 5123.21. The director of developmental disabilities or	24891
~~the director's designee~~ may transfer or authorize the transfer of	24892
an involuntary resident or a consenting voluntary resident from	24893
one public institution to another or to an institution other than	24894
a public institution or other facility, if the director determines	24895
that it would be consistent with the habilitation needs of the	24896
resident to do so.	24897

Before an involuntary resident may be transferred to a more	24898
restrictive setting, the managing officer of the institution shall	24899
file a motion with the court requesting the court to amend its	24900
order of placement issued under section 5123.76 of the Revised	24901
Code. At the resident's request, the court shall hold a hearing on	24902
the motion at which the resident has the same rights as at a full	24903
hearing under section 5123.76 of the Revised Code.	24904

Whenever a resident is transferred, the director shall give	24905
written notice of the transfer to the resident's legal guardian,	24906
parents, spouse, and counsel, or, if none is known, to the	24907
resident's nearest known relative or friend. If the resident is a	24908
minor, the ~~department~~director before making such a transfer shall	24909
make a minute of the order for the transfer and the reason for it	24910
upon its record and shall send a certified copy at least seven	24911
days prior to the transfer to the person shown by its record to	24912
have had the care or custody of the minor immediately prior to the	24913
minor's commitment. Whenever a consenting voluntary resident is	24914
transferred, the notification shall be given only at the	24915
resident's request. The managing officer shall advise a voluntary	24916
resident who is being transferred that the patient may decide if	24917
such a notification shall be given. In all such transfers, due	24918
consideration shall be given to the relationship of the resident	24919
to the resident's family, legal guardian, or friends, so as to	24920
maintain relationships and encourage visits beneficial to the	24921
resident.	24922

Sec. 5123.61. (A) As used in this section:

24923

(1) "Law enforcement agency" means the state highway patrol,	24924
the police department of a municipal corporation, or a county	24925
sheriff.	24926

(2) "Abuse" has the same meaning as in section 5123.50 of the	24927
Revised Code, except that it includes a misappropriation, as	24928
defined in that section.	24929

(3) "Neglect" has the same meaning as in section 5123.50 of	24930
the Revised Code.	24931

(B) The department of developmental disabilities shall	24932
establish a registry office for the purpose of maintaining reports	24933
of abuse, neglect, and other major unusual incidents made to the	24934
department under this section and reports received from county	24935
boards of developmental disabilities under section 5126.31 of the	24936
Revised Code. The department shall establish committees to review	24937
reports of abuse, neglect, and other major unusual incidents.	24938

(C)(1) Any person listed in division (C)(2) of this section,	24939
having reason to believe that a person with mental retardation or	24940
a developmental disability has suffered or faces a substantial	24941
risk of suffering any wound, injury, disability, or condition of	24942
such a nature as to reasonably indicate abuse or neglect of that	24943
person, shall immediately report or cause reports to be made of	24944
such information to the entity specified in this division. Except	24945
as provided in section 5120.173 of the Revised Code or as	24946
otherwise provided in this division, the person making the report	24947
shall make it to a law enforcement agency or to the county board	24948
of developmental disabilities. If the report concerns a resident	24949
of a facility operated by the department of developmental	24950
disabilities the report shall be made either to a law enforcement	24951
agency or to the department. If the report concerns any act or	24952
omission of an employee of a county board of developmental	24953
disabilities, the report immediately shall be made to the	24954
department and to the county board.	24955

(2) All of the following persons are required to make a	24956
report under division (C)(1) of this section:	24957

(a) Any physician, including a hospital intern or resident,	24958
any dentist, podiatrist, chiropractor, practitioner of a limited	24959
branch of medicine as specified in section 4731.15 of the Revised	24960
Code, hospital administrator or employee of a hospital, nurse	24961
licensed under Chapter 4723. of the Revised Code, employee of an	24962
ambulatory health facility as defined in section 5101.61 of the	24963
Revised Code, employee of a home health agency, employee of a	24964
residential facility licensed under section 5119.34 of the Revised	24965
Code that provides accommodations, supervision, and person care	24966
services for three to sixteen unrelated adults, or employee of a	24967
community mental health facility;	24968

(b) Any school teacher or school authority, social worker,	24969
psychologist, attorney, peace officer, coroner, or residents'	24970
rights advocate as defined in section 3721.10 of the Revised Code;	24971

(c) A superintendent, board member, or employee of a county	24972
board of developmental disabilities; an administrator, board	24973
member, or employee of a residential facility licensed under	24974
section 5123.19 of the Revised Code; an administrator, board	24975
member, or employee of any other public or private provider of	24976
services to a person with mental retardation or a developmental	24977
disability, or any MR/DD employee, as defined in section 5123.50	24978
of the Revised Code;	24979

(d) A member of a citizen's advisory council established at	24980
an institution or branch institution of the department of	24981
developmental disabilities under section 5123.092 of the Revised	24982
Code;	24983

(e) A member of the clergy who is employed in a position that	24984
includes providing specialized services to an individual with	24985
mental retardation or another developmental disability, while	24986
acting in an official or professional capacity in that position,	24987
or a person who is employed in a position that includes providing	24988
specialized services to an individual with mental retardation or	24989
another developmental disability and who, while acting in an	24990
official or professional capacity, renders spiritual treatment	24991
through prayer in accordance with the tenets of an organized	24992
religion.	24993

(3)(a) The reporting requirements of this division do not	24994
apply to employees of the Ohio protection and advocacy system.	24995

(b) An attorney or physician is not required to make a report	24996
pursuant to division (C)(1) of this section concerning any	24997
communication the attorney or physician receives from a client or	24998
patient in an attorney-client or physician-patient relationship,	24999
if, in accordance with division (A) or (B) of section 2317.02 of	25000
the Revised Code, the attorney or physician could not testify with	25001
respect to that communication in a civil or criminal proceeding,	25002
except that the client or patient is deemed to have waived any	25003
testimonial privilege under division (A) or (B) of section 2317.02	25004
of the Revised Code with respect to that communication and the	25005
attorney or physician shall make a report pursuant to division	25006
(C)(1) of this section, if both of the following apply:	25007

(i) The client or patient, at the time of the communication,	25008
is a person with mental retardation or a developmental disability.	25009

(ii) The attorney or physician knows or suspects, as a result	25010
of the communication or any observations made during that	25011
communication, that the client or patient has suffered or faces a	25012
substantial risk of suffering any wound, injury, disability, or	25013
condition of a nature that reasonably indicates abuse or neglect	25014
of the client or patient.	25015

(4) Any person who fails to make a report required under	25016
division (C) of this section and who is an MR/DD employee, as	25017
defined in section 5123.50 of the Revised Code, shall be eligible	25018
to be included in the registry regarding misappropriation, abuse,	25019
neglect, or other specified misconduct by MR/DD employees	25020
established under section 5123.52 of the Revised Code.	25021

(D) The reports required under division (C) of this section	25022
shall be made forthwith by telephone or in person and shall be	25023
followed by a written report. The reports shall contain the	25024
following:	25025

(1) The names and addresses of the person with mental	25026
retardation or a developmental disability and the person's	25027
custodian, if known;	25028

(2) The age of the person with mental retardation or a	25029
developmental disability;	25030

(3) Any other information that would assist in the	25031
investigation of the report.	25032

(E) When a physician performing services as a member of the	25033
staff of a hospital or similar institution has reason to believe	25034
that a person with mental retardation or a developmental	25035
disability has suffered injury, abuse, or physical neglect, the	25036
physician shall notify the person in charge of the institution or	25037
that person's designated delegate, who shall make the necessary	25038
reports.	25039

(F) Any person having reasonable cause to believe that a	25040
person with mental retardation or a developmental disability has	25041
suffered or faces a substantial risk of suffering abuse or neglect	25042
may report or cause a report to be made of that belief to the	25043
entity specified in this division. Except as provided in section	25044
5120.173 of the Revised Code or as otherwise provided in this	25045
division, the person making the report shall make it to a law	25046
enforcement agency or the county board of developmental	25047
disabilities. If the person is a resident of a facility operated	25048
by the department of developmental disabilities, the report shall	25049
be made to a law enforcement agency or to the department. If the	25050
report concerns any act or omission of an employee of a county	25051
board of developmental disabilities, the report immediately shall	25052
be made to the department and to the county board.	25053

(G)(1) Upon the receipt of a report concerning the possible	25054
abuse or neglect of a person with mental retardation or a	25055
developmental disability, the law enforcement agency shall inform	25056
the county board of developmental disabilities or, if the person	25057
is a resident of a facility operated by the department of	25058
developmental disabilities, the ~~director of the~~ department ~~or the~~	25059
~~director's designee~~.	25060

(2) On receipt of a report under this section that includes	25061
an allegation of action or inaction that may constitute a crime	25062
under federal law or the law of this state, the department of	25063
developmental disabilities shall notify the law enforcement	25064
agency.	25065

(3) When a county board of developmental disabilities	25066
receives a report under this section that includes an allegation	25067
of action or inaction that may constitute a crime under federal	25068
law or the law of this state, the superintendent of the board or	25069
an individual the superintendent designates under division (H) of	25070
this section shall notify the law enforcement agency. The	25071
superintendent or individual shall notify the department of	25072
developmental disabilities when it receives any report under this	25073
section.	25074

(4) When a county board of developmental disabilities	25075
receives a report under this section and believes that the degree	25076
of risk to the person is such that the report is an emergency, the	25077
superintendent of the board or an employee of the board the	25078
superintendent designates shall attempt a face-to-face contact	25079
with the person with mental retardation or a developmental	25080
disability who allegedly is the victim within one hour of the	25081
board's receipt of the report.	25082

(H) The superintendent of the board may designate an	25083
individual to be responsible for notifying the law enforcement	25084
agency and the department when the county board receives a report	25085
under this section.	25086

(I) An adult with mental retardation or a developmental	25087
disability about whom a report is made may be removed from the	25088
adult's place of residence only by law enforcement officers who	25089
consider that the adult's immediate removal is essential to	25090
protect the adult from further injury or abuse or in accordance	25091
with the order of a court made pursuant to section 5126.33 of the	25092
Revised Code.	25093

(J) A law enforcement agency shall investigate each report of	25094
abuse or neglect it receives under this section. In addition, the	25095
department, in cooperation with law enforcement officials, shall	25096
investigate each report regarding a resident of a facility	25097
operated by the department to determine the circumstances	25098
surrounding the injury, the cause of the injury, and the person	25099
responsible. The investigation shall be in accordance with the	25100
memorandum of understanding prepared under section 5126.058 of the	25101
Revised Code. The department shall determine, with the registry	25102
office which shall be maintained by the department, whether prior	25103
reports have been made concerning an adult with mental retardation	25104
or a developmental disability or other principals in the case. If	25105
the department finds that the report involves action or inaction	25106
that may constitute a crime under federal law or the law of this	25107
state, it shall submit a report of its investigation, in writing,	25108
to the law enforcement agency. If the person with mental	25109
retardation or a developmental disability is an adult, with the	25110
consent of the adult, the department shall provide such protective	25111
services as are necessary to protect the adult. The law	25112
enforcement agency shall make a written report of its findings to	25113
the department.	25114

If the person is an adult and is not a resident of a facility	25115
operated by the department, the county board of developmental	25116
disabilities shall review the report of abuse or neglect in	25117
accordance with sections 5126.30 to 5126.33 of the Revised Code	25118
and the law enforcement agency shall make the written report of	25119
its findings to the county board.	25120

(K) Any person or any hospital, institution, school, health	25121
department, or agency participating in the making of reports	25122
pursuant to this section, any person participating as a witness in	25123
an administrative or judicial proceeding resulting from the	25124
reports, or any person or governmental entity that discharges	25125
responsibilities under sections 5126.31 to 5126.33 of the Revised	25126
Code shall be immune from any civil or criminal liability that	25127
might otherwise be incurred or imposed as a result of such actions	25128
except liability for perjury, unless the person or governmental	25129
entity has acted in bad faith or with malicious purpose.	25130

(L) No employer or any person with the authority to do so	25131
shall discharge, demote, transfer, prepare a negative work	25132
performance evaluation, reduce pay or benefits, terminate work	25133
privileges, or take any other action detrimental to an employee or	25134
retaliate against an employee as a result of the employee's having	25135
made a report under this section. This division does not preclude	25136
an employer or person with authority from taking action with	25137
regard to an employee who has made a report under this section if	25138
there is another reasonable basis for the action.	25139

(M) Reports made under this section are not public records as	25140
defined in section 149.43 of the Revised Code. Information	25141
contained in the reports on request shall be made available to the	25142
person who is the subject of the report, to the person's legal	25143
counsel, and to agencies authorized to receive information in the	25144
report by the department or by a county board of developmental	25145
disabilities.	25146

(N) Notwithstanding section 4731.22 of the Revised Code, the	25147
physician-patient privilege shall not be a ground for excluding	25148
evidence regarding the injuries or physical neglect of a person	25149
with mental retardation or a developmental disability or the cause	25150
thereof in any judicial proceeding resulting from a report	25151
submitted pursuant to this section.	25152

Sec. 5123.75. A respondent who is involuntarily placed in an	25153
institution or other place as designated in section 5123.77 of the	25154
Revised Code or with respect to whom proceedings have been	25155
instituted under section 5123.71 of the Revised Code shall, on	25156
request of the respondent, the respondent's guardian, or the	25157
respondent's counsel, or upon the court's own motion, be afforded	25158
a hearing to determine whether there is probable cause to believe	25159
that the respondent is a mentally retarded person subject to	25160
institutionalization by court order.	25161

(A) The probable cause hearing shall be conducted within two	25162
court days from the day on which the request is made. Failure to	25163
conduct the probable cause hearing within this time shall effect	25164
an immediate discharge of the respondent. If the proceedings are	25165
not reinstituted within thirty days, records of the proceedings	25166
shall be expunged.	25167

(B) The respondent shall be informed that the respondent may	25168
retain counsel and have independent expert evaluation and, if the	25169
respondent is an indigent person, be represented by court	25170
appointed counsel and have independent expert evaluation at court	25171
expense.	25172

(C) The probable cause hearing shall be conducted in a manner	25173
consistent with the procedures set forth in division (A) of	25174
section 5123.76 of the Revised Code, except divisions (A)(10) and	25175
(14) of that section, and the designee of the director of	25176
developmental disabilities under section 5123.72 of the Revised	25177
Code shall present evidence for the state.	25178

(D) If the court does not find probable cause to believe that	25179
the respondent is a mentally retarded person subject to	25180
institutionalization by court order, it shall order immediate	25181
release of the respondent and dismiss and expunge all record of	25182
the proceedings under this chapter.	25183

(E) On motion of the respondent or the respondent's counsel	25184
and for good cause shown, the court may order a continuance of the	25185
hearing.	25186

(F) If the court finds probable cause to believe that the	25187
respondent is a mentally retarded person subject to	25188
institutionalization by court order, the court may issue an	25189
interim order of placement and, where proceedings under section	25190
5123.71 of the Revised Code have been instituted, shall order a	25191
full hearing as provided in section 5123.76 of the Revised Code to	25192
be held on the question of whether the respondent is a mentally	25193
retarded person subject to institutionalization by court order.	25194
Unless specifically waived by the respondent or the respondent's	25195
counsel, the court shall schedule said hearing to be held as soon	25196
as possible within ten days from the probable cause hearing. A	25197
waiver of such full hearing at this point shall not preclude the	25198
respondent from asserting the respondent's right to such hearing	25199
under section 5123.76 of the Revised Code at any time prior to the	25200
mandatory hearing provided in division (H) of section 5123.76 of	25201
the Revised Code. In any case, if the respondent has waived the	25202
right to the full hearing, a mandatory hearing shall be held under	25203
division (H) of section 5123.76 of the Revised Code between the	25204
ninetieth and the one hundredth day after the original involuntary	25205
detention of the person unless the respondent has been discharged.	25206

(G) Whenever possible, the probable cause hearing shall be	25207
held before the respondent is taken into custody.	25208

Sec. 5123.76. (A) The full hearing shall be conducted in a	25209
manner consistent with the procedures outlined in this chapter and	25210
with due process of law. The hearing shall be held by a judge of	25211
the probate division or, upon transfer by the judge of the probate	25212
division, by another judge of the court of common pleas, or a	25213
referee designated by the judge of the probate division. Any	25214
referee designated by the judge of the probate division must be an	25215
attorney.	25216

(1) The following shall be made available to counsel for the	25217
respondent:	25218

(a) All relevant documents, information, and evidence in the	25219
custody or control of the state or prosecutor;	25220

(b) All relevant documents, information, and evidence in the	25221
custody or control of the institution, facility, or program in	25222
which the respondent currently is held or in which the respondent	25223
has been held pursuant to these proceedings;	25224

(c) With the consent of the respondent, all relevant	25225
documents, information, and evidence in the custody or control of	25226
any institution or person other than the state.	25227

(2) The respondent has the right to be represented by counsel	25228
of the respondent's choice and has the right to attend the hearing	25229
except if unusual circumstances of compelling medical necessity	25230
exist that render the respondent unable to attend and the	25231
respondent has not expressed a desire to attend.	25232

(3) If the respondent is not represented by counsel and the	25233
court determines that the conditions specified in division (A)(2)	25234
of this section justify the respondent's absence and the right to	25235
counsel has not been validly waived, the court shall appoint	25236
counsel forthwith to represent the respondent at the hearing,	25237
reserving the right to tax costs of appointed counsel to the	25238
respondent unless it is shown that the respondent is indigent. If	25239
the court appoints counsel, or if the court determines that the	25240
evidence relevant to the respondent's absence does not justify the	25241
absence, the court shall continue the case.	25242

(4) The respondent shall be informed of the right to retain	25243
counsel, to have independent expert evaluation, and, if an	25244
indigent person, to be represented by court appointed counsel and	25245
have expert independent evaluation at court expense.	25246

(5) The hearing may be closed to the public unless counsel	25247
for the respondent requests that the hearing be open to the	25248
public.	25249

(6) Unless objected to by the respondent, the respondent's	25250
counsel, or the designee of the director of developmental	25251
disabilities under section 5123.72 of the Revised Code, the court,	25252
for good cause shown, may admit persons having a legitimate	25253
interest in the proceedings.	25254

(7) The affiant under section 5123.71 of the Revised Code	25255
shall be subject to subpoena by either party.	25256

(8) The court shall examine the sufficiency of all documents	25257
filed and shall inform the respondent, if present, and the	25258
respondent's counsel of the nature of the content of the documents	25259
and the reason for which the respondent is being held or for which	25260
the respondent's placement is being sought.	25261

(9) The court shall receive only relevant, competent, and	25262
material evidence.	25263

(10) ~~The~~In accordance with section 5123.72 of the Revised	25264
Code, the designee of the director shall present the evidence for	25265
the state. In proceedings under this chapter, the attorney general	25266
shall present the comprehensive evaluation, assessment, diagnosis,	25267
prognosis, record of habilitation and care, if any, and less	25268
restrictive habilitation plans, if any. The attorney general does	25269
not have a similar presentation responsibility in connection with	25270
a person who has been found not guilty by reason of insanity and	25271
who is the subject of a hearing under section 2945.40 of the	25272
Revised Code to determine whether the person is a mentally	25273
retarded person subject to institutionalization by court order.	25274

(11) The respondent has the right to testify and the	25275
respondent or the respondent's counsel has the right to subpoena	25276
witnesses and documents and to present and cross-examine	25277
witnesses.	25278

(12) The respondent shall not be compelled to testify and	25279
shall be so advised by the court.	25280

(13) On motion of the respondent or the respondent's counsel	25281
for good cause shown, or upon the court's own motion, the court	25282
may order a continuance of the hearing.	25283

(14) To an extent not inconsistent with this chapter, the	25284
Rules of Civil Procedure shall be applicable.	25285

(B) Unless, upon completion of the hearing, the court finds	25286
by clear and convincing evidence that the respondent named in the	25287
affidavit is a mentally retarded person subject to	25288
institutionalization by court order, it shall order the	25289
respondent's discharge forthwith.	25290

(C) If, upon completion of the hearing, the court finds by	25291
clear and convincing evidence that the respondent is a mentally	25292
retarded person subject to institutionalization by court order,	25293
the court may order the respondent's discharge or order the	25294
respondent, for a period not to exceed ninety days, to any of the	25295
following:	25296

(1) A public institution, provided that commitment of the	25297
respondent to the institution will not cause the institution to	25298
exceed its licensed capacity determined in accordance with section	25299
5123.19 of the Revised Code and provided that such a placement is	25300
indicated by the comprehensive evaluation report filed pursuant to	25301
section 5123.71 of the Revised Code;	25302

(2) A private institution;

25303

(3) A county mental retardation program;

25304

(4) Receive private habilitation and care;

25305

(5) Any other suitable facility, program, or the care of any	25306
person consistent with the comprehensive evaluation, assessment,	25307
diagnosis, prognosis, and habilitation needs of the respondent.	25308

(D) Any order made pursuant to division (C)(2), (4), or (5)	25309
of this section shall be conditional upon the receipt by the court	25310
of consent by the facility, program, or person to accept the	25311
respondent.	25312

(E) In determining the place to which, or the person with	25313
whom, the respondent is to be committed, the court shall consider	25314
the comprehensive evaluation, assessment, diagnosis, and projected	25315
habilitation plan for the respondent, and shall order the	25316
implementation of the least restrictive alternative available and	25317
consistent with habilitation goals.	25318

(F) If, at any time it is determined by the director of the	25319
facility or program to which, or the person to whom, the	25320
respondent is committed that the respondent could be equally well	25321
habilitated in a less restrictive environment that is available,	25322
the following shall occur:	25323

(1) The respondent shall be released by the director of the	25324
facility or program or by the person forthwith and referred to the	25325
court together with a report of the findings and recommendations	25326
of the facility, program, or person.	25327

(2) The director of the facility or program or the person	25328
shall notify the respondent's counsel and the designee of the	25329
director of developmental disabilities.	25330

(3) The court shall dismiss the case or order placement in	25331
the less restrictive environment.	25332

(G)(1) Except as provided in divisions (G)(2) and (3) of this	25333
section, any person who has been committed under this section may	25334
apply at any time during the ninety-day period for voluntary	25335
admission to an institution under section 5123.69 of the Revised	25336
Code. Upon admission of a voluntary resident, the managing officer	25337
immediately shall notify the court, the respondent's counsel, and	25338
the designee of the director in writing of that fact by mail or	25339
otherwise, and, upon receipt of the notice, the court shall	25340
dismiss the case.	25341

(2) A person who is found incompetent to stand trial or not	25342
guilty by reason of insanity and who is committed pursuant to	25343
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	25344
Code shall not be voluntarily admitted to an institution pursuant	25345
to division (G)(1) of this section until after the termination of	25346
the commitment, as described in division (J) of section 2945.401	25347
of the Revised Code.	25348

(H) If, at the end of any commitment period, the respondent	25349
has not already been discharged or has not requested voluntary	25350
admission status, the director of the facility or program, or the	25351
person to whose care the respondent has been committed, shall	25352
discharge the respondent forthwith, unless at least ten days	25353
before the expiration of that period the designee of the director	25354
of developmental disabilities or the prosecutor files an	25355
application with the court requesting continued commitment.	25356

(1) An application for continued commitment shall include a	25357
written report containing a current comprehensive evaluation and	25358
assessment, a diagnosis, a prognosis, an account of progress and	25359
past habilitation, and a description of alternative habilitation	25360
settings and plans, including a habilitation setting that is the	25361
least restrictive setting consistent with the need for	25362
habilitation. A copy of the application shall be provided to	25363
respondent's counsel. The requirements for notice under section	25364
5123.73 of the Revised Code and the provisions of divisions (A) to	25365
(E) of this section apply to all hearings on such applications.	25366

(2) A hearing on the first application for continued	25367
commitment shall be held at the expiration of the first ninety-day	25368
period. The hearing shall be mandatory and may not be waived.	25369

(3) Subsequent periods of commitment not to exceed one	25370
hundred eighty days each may be ordered by the court if the	25371
designee of the director of developmental disabilities files an	25372
application for continued commitment, after a hearing is held on	25373
the application or without a hearing if no hearing is requested	25374
and no hearing required under division (H)(4) of this section is	25375
waived. Upon the application of a person involuntarily committed	25376
under this section, supported by an affidavit of a licensed	25377
physician alleging that the person is no longer a mentally	25378
retarded person subject to institutionalization by court order,	25379
the court for good cause shown may hold a full hearing on the	25380
person's continued commitment prior to the expiration of any	25381
subsequent period of commitment set by the court.	25382

(4) A mandatory hearing shall be held at least every two	25383
years after the initial commitment.	25384

(5) If the court, after a hearing upon a request to continue	25385
commitment, finds that the respondent is a mentally retarded	25386
person subject to institutionalization by court order, the court	25387
may make an order pursuant to divisions (C), (D), and (E) of this	25388
section.	25389

(I) Notwithstanding the provisions of division (H) of this	25390
section, no person who is found to be a mentally retarded person	25391
subject to institutionalization by court order pursuant to	25392
division (O)(2) of section 5123.01 of the Revised Code shall be	25393
held under involuntary commitment for more than five years.	25394

(J) The managing officer admitting a person pursuant to a	25395
judicial proceeding, within ten working days of the admission,	25396
shall make a report of the admission to the department.	25397

Sec. 5123.89. (A) As used in this section:

25398

(1) "Family" means a parent, brother, sister, spouse, son,	25399
daughter, grandparent, aunt, uncle, or cousin.	25400

(2) "Payment" means activities undertaken by a service	25401
provider or government entity to obtain or provide reimbursement	25402
for services provided to a person.	25403

(3) "Treatment" means the provision of services to a person,	25404
including the coordination or management of services provided to	25405
the person.	25406

(B) All certificates, applications, records, and reports made	25407
for the purpose of this chapter, other than court journal entries	25408
or court docket entries, which directly or indirectly identify a	25409
resident or former resident of an institution for the mentally	25410
retarded or person whose institutionalization has been sought	25411
under this chapter shall be kept confidential and shall not be	25412
disclosed by any person except in the following situations:	25413

(1) It is the judgment of the court for judicial records, and	25414
the managing officer for institution records, that disclosure is	25415
in the best interest of the person identified, and that person or	25416
that person's guardian or, if that person is a minor, that	25417
person's parent or guardian consents.	25418

(2) Disclosure is provided for in other sections of this	25419
chapter.	25420

(3) It is the judgment of the managing officer for	25421
institution records that disclosure to a mental health facility is	25422
in the best interest of the person identified.	25423

(4) Disclosure is of a record deposited with the Ohio	25424
historical society pursuant to division (C) of section 5123.31 of	25425
the Revised Code and the disclosure is made to the closest living	25426
relative of the person identified, on the relative's request.	25427

~~(B)~~(5) Disclosure is needed for the treatment of a person who	25428
is a resident or former resident of an institution for the	25429
mentally retarded or a person whose institutionalization has been	25430
sought under this chapter or is needed for the payment of services	25431
provided to the person.	25432

(C) The department of developmental disabilities shall adopt	25433
rules with respect to the systematic and periodic destruction of	25434
residents' records.	25435

~~(C)(1) As used in this division, "family" means a parent,~~	25436
~~brother, sister, spouse, son, daughter, grandparent, aunt, uncle,~~	25437
~~or cousin.~~	25438

~~(2)~~(D) Upon the death of a resident or former resident of an	25439
institution for the mentally retarded or a person whose	25440
institutionalization was sought under this chapter, the managing	25441
officer of an institution shall provide access to the	25442
certificates, applications, records, and reports made for the	25443
purposes of this chapter to the resident's, former resident's, or	25444
person's guardian if the guardian makes a written request. If a	25445
deceased resident, former resident, or person whose	25446
institutionalization was sought under this chapter did not have a	25447
guardian at the time of death, the managing officer shall provide	25448
access to the certificates, applications, records, and reports	25449
made for purposes of this chapter to a member of the person's	25450
family, upon that family member's written request.	25451

~~(D)~~(E) No person shall reveal the contents of a record of a	25452
resident except as authorized by this chapter.	25453

Sec. 5124.01. As used in this chapter:

25454

(A) "Affiliated operator" means an operator affiliated with	25455
either of the following:	25456

(1) The exiting operator for whom the affiliated operator is	25457
to assume liability for the entire amount of the exiting	25458
operator's debt under the medicaid program or the portion of the	25459
debt that represents the franchise permit fee the exiting operator	25460
owes;	25461

(2) The entering operator involved in the change of operator	25462
with the exiting operator specified in division (A)(1) of this	25463
section.	25464

(B) "Allowable costs" means an ICF/IID's costs that the	25465
department of developmental disabilities determines are	25466
reasonable. Fines paid under section 5124.99 of the Revised Code	25467
are not allowable costs.	25468

(C) "Capital costs" means an ICF/IID's costs of ownership and	25469
costs of nonextensive renovation.	25470

(D) "Case-mix score" means the measure determined under	25471
section 5124.192 of the Revised Code of the relative direct-care	25472
resources needed to provide care and habilitation to an ICF/IID	25473
resident.	25474

(E) "Change of operator" means an entering operator becoming	25475
the operator of an ICF/IID in the place of the exiting operator.	25476

(1) Actions that constitute a change of operator include the	25477
following:	25478

(a) A change in an exiting operator's form of legal	25479
organization, including the formation of a partnership or	25480
corporation from a sole proprietorship;	25481

(b) A transfer of all the exiting operator's ownership	25482
interest in the operation of the ICF/IID to the entering operator,	25483
regardless of whether ownership of any or all of the real property	25484
or personal property associated with the ICF/IID is also	25485
transferred;	25486

(c) A lease of the ICF/IID to the entering operator or the	25487
exiting operator's termination of the exiting operator's lease;	25488

(d) If the exiting operator is a partnership, dissolution of	25489
the partnership;	25490

(e) If the exiting operator is a partnership, a change in	25491
composition of the partnership unless both of the following apply:	25492

(i) The change in composition does not cause the	25493
partnership's dissolution under state law.	25494

(ii) The partners agree that the change in composition does	25495
not constitute a change in operator.	25496

(f) If the operator is a corporation, dissolution of the	25497
corporation, a merger of the corporation into another corporation	25498
that is the survivor of the merger, or a consolidation of one or	25499
more other corporations to form a new corporation.	25500

(2) The following, alone, do not constitute a change of	25501
operator:	25502

(a) A contract for an entity to manage an ICF/IID as the	25503
operator's agent, subject to the operator's approval of daily	25504
operating and management decisions;	25505

(b) A change of ownership, lease, or termination of a lease	25506
of real property or personal property associated with an ICF/IID	25507
if an entering operator does not become the operator in place of	25508
an exiting operator;	25509

(c) If the operator is a corporation, a change of one or more	25510
members of the corporation's governing body or transfer of	25511
ownership of one or more shares of the corporation's stock, if the	25512
same corporation continues to be the operator.	25513

(F) "Cost center" means the following:

25514

(1) Capital costs;

25515

(2) Direct care costs;

25516

(3) Indirect care costs;

25517

(4) Other protected costs.

25518

(G) "Costs of nonextensive renovations" means the actual	25519
expense incurred by an ICF/IID for depreciation or amortization	25520
and interest on renovations that are not extensive renovations.	25521

(H)(1) "Costs of ownership" means the actual expenses	25522
incurred by an ICF/IID for all of the following:	25523

(a) Subject to division (H)(2) of this section, depreciation	25524
and interest on any capital assets that cost five hundred dollars	25525
or more per item, including the following:	25526

(i) Buildings;

25527

(ii) Building improvements that are not approved as	25528
nonextensive renovations under section 5124.17 of the Revised	25529
Code;	25530

(iii) Equipment;

25531

(iv) Extensive renovations;

25532

(v) Transportation equipment.

25533

(b) Amortization and interest on land improvements and	25534
leasehold improvements;	25535

25536

(d) Except as provided in division (Z) of this section, lease	25537
and rent of land, building, and equipment.	25538

(2) The costs of capital assets of less than five hundred	25539
dollars per item may be considered costs of ownership in	25540
accordance with an ICF/IID provider's practice.	25541

(I)(1) "Date of licensure" means the following:

25542

(a) In the case of an ICF/IID that was originally licensed as	25543
a nursing home under Chapter 3721. of the Revised Code, the date	25544
that it was originally so licensed, regardless that it was	25545
subsequently licensed as a residential facility under section	25546
5123.19 of the Revised Code;	25547

(b) In the case of an ICF/IID that was originally licensed as	25548
a residential facility under section 5123.19 of the Revised Code,	25549
the date it was originally so licensed;	25550

(c) In the case of an ICF/IID that was not required by law to	25551
be licensed as a nursing home or residential facility when it was	25552
originally operated as a residential facility, the date it first	25553
was operated as a residential facility, regardless of the date the	25554
ICF/IID was first licensed as a nursing home or residential	25555
facility.	25556

(2) If, after an ICF/IID's original date of licensure, more	25557
residential facility beds are added to the ICF/IID or all or part	25558
of the ICF/IID undergoes an extensive renovation, the ICF/IID has	25559
a different date of licensure for the additional beds or	25560
extensively renovated portion of the ICF/IID. This does not apply,	25561
however, to additional beds when both of the following apply:	25562

(a) The additional beds are located in a part of the ICF/IID	25563
that was constructed at the same time as the continuing beds	25564
already located in that part of the ICF/IID;.	25565

(b) The part of the ICF/IID in which the additional beds are	25566
located was constructed as part of the ICF/IID at a time when the	25567
ICF/IID was not required by law to be licensed as a nursing home	25568
or residential facility.	25569

(3) The definition of "date of licensure" in this section	25570
applies in determinations of ICFs/IID's medicaid payment rates but	25571
does not apply in determinations of ICFs/IID's franchise permit	25572
fees under sections 5168.60 to 5168.71 of the Revised Code.	25573

(J) "Desk-reviewed" means that an ICF/IID's costs as reported	25574
on a cost report filed under section 5124.10 or 5124.101 of the	25575
Revised Code have been subjected to a desk review under section	25576
5124.108 of the Revised Code and preliminarily determined to be	25577
allowable costs.	25578

(K) "Developmental center" means a residential facility that	25579
is maintained and operated by the department of developmental	25580
disabilities.	25581

(L) "Direct care costs" means all of the following costs	25582
incurred by an ICF/IID:	25583

(1) Costs for registered nurses, licensed practical nurses,	25584
and nurse aides employed by the ICF/IID;	25585

(2) Costs for direct care staff, administrative nursing	25586
staff, medical directors, respiratory therapists, physical	25587
therapists, physical therapy assistants, occupational therapists,	25588
occupational therapy assistants, speech therapists, audiologists,	25589
habilitation staff (including habilitation supervisors), qualified	25590
intellectual disability professionals, program directors, social	25591
services staff, activities staff, off-site day programming,	25592
psychologists, psychology assistants, social workers, counselors,	25593
and other persons holding degrees qualifying them to provide	25594
therapy;	25595

(3) Costs of purchased nursing services;

25596

(4) Costs of training and staff development, employee	25597
benefits, payroll taxes, and workers' compensation premiums or	25598
costs for self-insurance claims and related costs as specified in	25599
rules adopted under section 5124.03 of the Revised Code, for	25600
personnel listed in divisions (L)(1), (2), and (3) of this	25601
section;	25602

(5) Costs of quality assurance;

25603

(6) Costs of consulting and management fees related to direct	25604
care;	25605

(7) Allocated direct care home office costs;

25606

(8) Costs of other direct-care resources that are specified	25607
as direct care costs in rules adopted under section 5124.03 of the	25608
Revised Code.	25609

(M) "Downsized ICF/IID" means an ICF/IID that permanently	25610
reduced its medicaid-certified capacity pursuant to a plan	25611
approved by the department of developmental disabilities under	25612
section 5123.042 of the Revised Code.	25613

(N) "Effective date of a change of operator" means the day	25614
the entering operator becomes the operator of the ICF/IID.	25615

(O) "Effective date of a facility closure" means the last day	25616
that the last of the residents of the ICF/IID resides in the	25617
ICF/IID.	25618

(P) "Effective date of an involuntary termination" means the	25619
date the department of medicaid terminates the operator's provider	25620
agreement for the ICF/IID or the last day that such a provider	25621
agreement is in effect when the department cancels or refuses to	25622
revalidate it.	25623

(Q) "Effective date of a voluntary termination" means the day	25624
the ICF/IID ceases to accept medicaid recipients.	25625

(R) "Entering operator" means the person or government entity	25626
that will become the operator of an ICF/IID when a change of	25627
operator occurs or following an involuntary termination.	25628

(S) "Exiting operator" means any of the following:

25629

(1) An operator that will cease to be the operator of an	25630
ICF/IID on the effective date of a change of operator;	25631

(2) An operator that will cease to be the operator of an	25632
ICF/IID on the effective date of a facility closure;	25633

(3) An operator of an ICF/IID that is undergoing or has	25634
undergone a voluntary termination;	25635

(4) An operator of an ICF/IID that is undergoing or has	25636
undergone an involuntary termination.	25637

(T)(1) "Extensive renovation" means the following:

25638

(a) An ICF/IID's betterment, improvement, or restoration to	25639
which both of the following apply:	25640

(i) It was started before July 1, 1993;.

25641

(ii) It meets the definition of "extensive renovation"	25642
established in rules that were adopted by the director of job and	25643
family services and in effect on December 22, 1992.	25644

(b) An ICF/IID's betterment, improvement, or restoration to	25645
which all of the following apply:	25646

(i) It was started on or after July 1, 1993;.

25647

(ii) Except as provided in division (T)(2) of this section,	25648
it costs more than sixty-five per cent and not more than	25649
eighty-five per cent of the cost of constructing a new bed;.	25650

(iii) It extends the useful life of the assets for at least	25651
ten years.	25652

(2) The department of developmental disabilities may treat a	25653
renovation that costs more than eighty-five per cent of the cost	25654
of constructing new beds as an extensive renovation if the	25655
department determines that the renovation is more prudent than	25656
construction of new beds.	25657

(3) For the purpose of division (T)(1)(b)(ii) of this	25658
section, the cost of constructing a new bed shall be considered to	25659
be forty thousand dollars, adjusted for the estimated rate of	25660
inflation from January 1, 1993, to the end of the calendar year	25661
during which the extensive renovation is completed, using the	25662
consumer price index for shelter costs for all urban consumers for	25663
the north central region, as published by the United States bureau	25664
of labor statistics.	25665

(U)(1) Subject to divisions (U)(2) and (3) of this section,	25666
"facility closure" means either of the following:	25667

(a) Discontinuance of the use of the building, or part of the	25668
building, that houses the facility as an ICF/IID that results in	25669
the relocation of all of the facility's residents;	25670

(b) Conversion of the building, or part of the building, that	25671
houses an ICF/IID to a different use with any necessary license or	25672
other approval needed for that use being obtained and one or more	25673
of the facility's residents remaining in the facility to receive	25674
services under the new use.	25675

(2) A facility closure occurs regardless of any of the	25676
following:	25677

(a) The operator completely or partially replacing the	25678
ICF/IID by constructing a new ICF/IID or transferring the	25679
ICF/IID's license to another ICF/IID;	25680

(b) The ICF/IID's residents relocating to another of the	25681
operator's ICFs/IID;	25682

(c) Any action the department of health takes regarding the	25683
ICF/IID's medicaid certification that may result in the transfer	25684
of part of the ICF/IID's survey findings to another of the	25685
operator's ICFs/IID;	25686

(d) Any action the department of developmental disabilities	25687
takes regarding the ICF/IID's license under section 5123.19 of the	25688
Revised Code.	25689

(3) A facility closure does not occur if all of the ICF/IID's	25690
residents are relocated due to an emergency evacuation and one or	25691
more of the residents return to a medicaid-certified bed in the	25692
ICF/IID not later than thirty days after the evacuation occurs.	25693

(V) "Fiscal year" means the fiscal year of this state, as	25694
specified in section 9.34 of the Revised Code.	25695

(W) "Franchise permit fee" means the fee imposed by sections	25696
5168.60 to 5168.71 of the Revised Code.	25697

(X) "Home and community-based services" has the same meaning	25698
as in section 5123.01 of the Revised Code.	25699

(Y) "ICF/IID services" has the same meaning as in 42 C.F.R.	25700
440.150.	25701

(Z)(1) "Indirect care costs" means all reasonable costs	25702
incurred by an ICF/IID other than capital costs, direct care	25703
costs, and other protected costs. "Indirect care costs" includes	25704
costs of habilitation supplies, pharmacy consultants, medical and	25705
habilitation records, program supplies, incontinence supplies,	25706
food, enterals, dietary supplies and personnel, laundry,	25707
housekeeping, security, administration, liability insurance,	25708
bookkeeping, purchasing department, human resources,	25709
communications, travel, dues, license fees, subscriptions, home	25710
office costs not otherwise allocated, legal services, accounting	25711
services, minor equipment, maintenance and repair expenses,	25712
help-wanted advertising, informational advertising, start-up	25713
costs, organizational expenses, other interest, property	25714
insurance, employee training and staff development, employee	25715
benefits, payroll taxes, and workers' compensation premiums or	25716
costs for self-insurance claims and related costs, as specified in	25717
rules adopted under section 5124.03 of the Revised Code, for	25718
personnel listed in this division. Notwithstanding division (H) of	25719
this section, "indirect care costs" also means the cost of	25720
equipment, including vehicles, acquired by operating lease	25721
executed before December 1, 1992, if the costs are reported as	25722
administrative and general costs on the ICF/IID's cost report for	25723
the cost reporting period ending December 31, 1992.	25724

(2) For the purpose of division (Z)(1) of this section, an	25725
operating lease shall be construed in accordance with generally	25726
accepted accounting principles.	25727

(AA) "Inpatient days" means both of the following:

25728

(1) All days during which a resident, regardless of payment	25729
source, occupies a bed in an ICF/IID that is included in the	25730
ICF/IID's medicaid-certified capacity;	25731

(2) All days for which payment is made under section 5124.34	25732
of the Revised Code.	25733

(BB) "Intermediate care facility for individuals with	25734
intellectual disabilities" and "ICF/IID" mean an intermediate care	25735
facility for the mentally retarded as defined in the "Social	25736
Security Act," section 1905(d), 42 U.S.C. 1396d(d).	25737

(CC) "Involuntary termination" means the department of	25738
medicaid's termination of, cancellation of, or refusal to	25739
revalidate the operator's provider agreement for the ICF/IID when	25740
such action is not taken at the operator's request.	25741

(DD) "Maintenance and repair expenses" means, except as	25742
provided in division ~~(TT)~~(WW)(2)(b) of this section, expenditures	25743
that are necessary and proper to maintain an asset in a normally	25744
efficient working condition and that do not extend the useful life	25745
of the asset two years or more. "Maintenance and repair expenses"	25746
includes the costs of ordinary repairs such as painting and	25747
wallpapering.	25748

(EE) "Medicaid-certified capacity" means the number of an	25749
ICF/IID's beds that are certified for participation in medicaid as	25750
ICF/IID beds.	25751

(FF) "Medicaid days" means both of the following:

25752

(1) All days during which a resident who is a medicaid	25753
recipient eligible for ICF/IID services occupies a bed in an	25754
ICF/IID that is included in the ICF/IID's medicaid-certified	25755
capacity;	25756

(2) All days for which payment is made under section 5124.34	25757
of the Revised Code.	25758

(GG)(1) "New ICF/IID" means an ICF/IID for which the provider	25759
obtains an initial provider agreement following the director of	25760
health's medicaid certification of the ICF/IID, including such an	25761
ICF/IID that replaces one or more ICFs/IID for which a provider	25762
previously held a provider agreement.	25763

(2) "New ICF/IID" does not mean either of the following:

25764

(a) An ICF/IID for which the entering operator seeks a	25765
provider agreement pursuant to section 5124.511 or 5124.512 or	25766
(pursuant to section 5124.515) section 5124.07 of the Revised	25767
Code;	25768

(b) A downsized ICF/IID or partially converted ICF/IID.

25769

(HH) "Nursing home" has the same meaning as in section	25770
3721.01 of the Revised Code.	25771

(II) "Operator" means the person or government entity	25772
responsible for the daily operating and management decisions for	25773
an ICF/IID.	25774

(JJ) "Other protected costs" means costs incurred by an	25775
ICF/IID for medical supplies; real estate, franchise, and property	25776
taxes; natural gas, fuel oil, water, electricity, sewage, and	25777
refuse and hazardous medical waste collection; allocated other	25778
protected home office costs; and any additional costs defined as	25779
other protected costs in rules adopted under section 5124.03 of	25780
the Revised Code.	25781

(KK)(1) "Owner" means any person or government entity that	25782
has at least five per cent ownership or interest, either directly,	25783
indirectly, or in any combination, in any of the following	25784
regarding an ICF/IID:	25785

(a) The land on which the ICF/IID is located;

25786

(b) The structure in which the ICF/IID is located;

25787

(c) Any mortgage, contract for deed, or other obligation	25788
secured in whole or in part by the land or structure on or in	25789
which the ICF/IID is located;	25790

(d) Any lease or sublease of the land or structure on or in	25791
which the ICF/IID is located.	25792

(2) "Owner" does not mean a holder of a debenture or bond	25793
related to an ICF/IID and purchased at public issue or a regulated	25794
lender that has made a loan related to the ICF/IID unless the	25795
holder or lender operates the ICF/IID directly or through a	25796
subsidiary.	25797

(LL) "Partially converted ICF/IID" means an ICF/IID that	25798
converted some, but not all, of its beds to providing home and	25799
community-based services under the individual options waiver	25800
pursuant to section 5124.60 or 5124.61 of the Revised Code.	25801

(MM) "Peer group 1" means each ICF/IID with a	25802
medicaid-certified capacity exceeding eight.	25803

(NN) "Peer group 2" means each ICF/IID with a	25804
medicaid-certified capacity not exceeding eight, other than an	25805
ICF/IID that is in peer group 3.	25806

(OO) "Peer group 3" means each ICF/IID to which all of the	25807
following apply:	25808

(1) The ICF/IID is first certified as an ICF/IID after July	25809
1, 2014;	25810

(2) The ICF/IID has a medicaid-certified capacity not	25811
exceeding six;	25812

(3) The ICF/IID has a contract with the department of	25813
developmental disabilities that is for fifteen years and includes	25814
a provision for the department to approve all admissions to, and	25815
discharges from, the ICF/IID;	25816

(4) The ICF/IID's residents are admitted to the ICF/IID	25817
directly from a developmental center or have been determined by	25818
the department to be at risk of admission to a developmental	25819
center.	25820

(PP)(1) Except as provided in divisions ~~(MM)~~(PP)(2) and (3)	25821
of this section, "per diem" means an ICF/IID's desk-reviewed,	25822
actual, allowable costs in a given cost center in a cost reporting	25823
period, divided by the facility's inpatient days for that cost	25824
reporting period.	25825

(2) When determining capital costs for the purpose of section	25826
5124.17 of the Revised Code, "per diem" means an ICF/IID's actual,	25827
allowable capital costs in a ~~cost-reporting~~cost reporting period	25828
divided by the greater of the facility's inpatient days for that	25829
period or the number of inpatient days the ICF/IID would have had	25830
during that period if its occupancy rate had been ninety-five per	25831
cent.	25832

(3) When determining indirect care costs for the purpose of	25833
section 5124.21 of the Revised Code, "per diem" means an ICF/IID's	25834
actual, allowable indirect care costs in a ~~cost-reporting~~cost	25835
reporting period divided by the greater of the ICF/IID's inpatient	25836
days for that period or the number of inpatient days the ICF/IID	25837
would have had during that period if its occupancy rate had been	25838
eighty-five per cent.	25839

~~(NN)~~(QQ) "Provider" means an operator with a valid provider	25840
agreement.	25841

~~(OO)~~(RR) "Provider agreement" means a provider agreement, as	25842
defined in section 5164.01 of the Revised Code, that is between	25843
the department of medicaid and the operator of an ICF/IID for the	25844
provision of ICF/IID services under the medicaid program.	25845

~~(PP)~~(SS) "Purchased nursing services" means services that are	25846
provided in an ICF/IID by registered nurses, licensed practical	25847
nurses, or nurse aides who are not employees of the ICF/IID.	25848

~~(QQ)~~(TT) "Reasonable" means that a cost is an actual cost	25849
that is appropriate and helpful to develop and maintain the	25850
operation of resident care facilities and activities, including	25851
normal standby costs, and that does not exceed what a prudent	25852
buyer pays for a given item or services. Reasonable costs may vary	25853
from provider to provider and from time to time for the same	25854
provider.	25855

~~(RR)~~(UU) "Related party" means an individual or organization	25856
that, to a significant extent, has common ownership with, is	25857
associated or affiliated with, has control of, or is controlled	25858
by, a provider.	25859

(1) An individual who is a relative of an owner is a related	25860
party.	25861

(2) Common ownership exists when an individual or individuals	25862
possess significant ownership or equity in both the provider and	25863
the other organization. Significant ownership or equity exists	25864
when an individual or individuals possess five per cent ownership	25865
or equity in both the provider and a supplier. Significant	25866
ownership or equity is presumed to exist when an individual or	25867
individuals possess ten per cent ownership or equity in both the	25868
provider and another organization from which the provider	25869
purchases or leases real property.	25870

(3) Control exists when an individual or organization has the	25871
power, directly or indirectly, to significantly influence or	25872
direct the actions or policies of an organization.	25873

(4) An individual or organization that supplies goods or	25874
services to a provider shall not be considered a related party if	25875
all of the following conditions are met:	25876

(a) The supplier is a separate bona fide organization.

25877

(b) A substantial part of the supplier's business activity of	25878
the type carried on with the provider is transacted with others	25879
than the provider and there is an open, competitive market for the	25880
types of goods or services the supplier furnishes.	25881

(c) The types of goods or services are commonly obtained by	25882
other ICFs/IID from outside organizations and are not a basic	25883
element of resident care ordinarily furnished directly to	25884
residents by the ICFs/IID.	25885

(d) The charge to the provider is in line with the charge for	25886
the goods or services in the open market and no more than the	25887
charge made under comparable circumstances to others by the	25888
supplier.	25889

~~(SS)~~(VV) "Relative of owner" means an individual who is	25890
related to an owner of an ICF/IID by one of the following	25891
relationships:	25892

(1) Spouse;

25893

(2) Natural parent, child, or sibling;

25894

(3) Adopted parent, child, or sibling;

25895

(4) Stepparent, stepchild, stepbrother, or stepsister;

25896

(5) Father-in-law, mother-in-law, son-in-law,	25897
daughter-in-law, brother-in-law, or sister-in-law;	25898

(6) Grandparent or grandchild;

25899

(7) Foster caregiver, foster child, foster brother, or foster	25900
sister.	25901

~~(TT)~~(WW)(1) "Renovation" means the following:

25902

(a) An ICF/IID's betterment, improvement, or restoration to	25903
which both of the following apply:	25904

(i) It was started before July 1, 1993;.

25905

(ii) It meets the definition of "renovation" established in	25906
rules that were adopted by the director of job and family services	25907
and in effect on December 22, 1992.	25908

(b) An ICF/IID's betterment, improvement, or restoration to	25909
which both of the following apply:	25910

(i) It was started on or after July 1, 1993;.

25911

(ii) It betters, improves, or restores the ICF/IID beyond its	25912
current functional capacity through a structural change that costs	25913
at least five hundred dollars per bed.	25914

(2) A renovation started on or after July 1, 1993, may	25915
include both of the following:	25916

(a) A betterment, improvement, restoration, or replacement of	25917
assets that are affixed to a building and have a useful life of at	25918
least five years;	25919

(b) Costs that otherwise would be considered maintenance and	25920
repair expenses if they are an integral part of the structural	25921
change that makes up the renovation project.	25922

(3) "Renovation" does not mean construction of additional	25923
space for beds that will be added to an ICF/IID's licensed	25924
capacity or medicaid-certified capacity.	25925

~~(UU)~~(XX) "Residential facility" has the same meaning as in	25926
section 5123.19 of the Revised Code.	25927

~~(VV)~~(YY) "Sponsor" means an adult relative, friend, or	25928
guardian of an ICF/IID resident who has an interest or	25929
responsibility in the resident's welfare.	25930

~~(WW)~~(ZZ) "Title XIX" means Title XIX of the "Social Security	25931
Act," 42 U.S.C. 1396, et seq.	25932

~~(XX)~~(AAA) "Title XVIII" means Title XVIII of the "Social	25933
Security Act," 42 U.S.C. 1395, et seq.	25934

~~(YY)~~(BBB) "Voluntary termination" means an operator's	25935
voluntary election to terminate the participation of an ICF/IID in	25936
the medicaid program but to continue to provide service of the	25937
type provided by a residential facility as defined in section	25938
5123.19 of the Revised Code.	25939

Sec. 5124.101. (A) The provider of an ICF/IID in peer group 1	25940
or peer group 2 that becomes a downsized ICF/IID or partially	25941
converted ICF/IID on or after July 1, 2013, or becomes a new	25942
ICF/IID on or after that date, may file with the department of	25943
developmental disabilities a cost report covering the period	25944
specified in division (B) of this section if the following applies	25945
to the ICF/IID:	25946

(1) In the case of an ICF/IID that becomes a downsized	25947
ICF/IID or partially converted ICF/IID, the ICF/IID has either of	25948
the following on the day it becomes a downsized ICF/IID or	25949
partially converted ICF/IID:	25950

(a) A medicaid-certified capacity that is at least ten per	25951
cent less than its medicaid-certified capacity on the day	25952
immediately preceding the day it becomes a downsized ICF/IID or	25953
partially converted ICF/IID;	25954

(b) At least five fewer beds certified as ICF/IID beds than	25955
it has on the day immediately preceding the day it becomes a	25956
downsized ICF/IID or partially converted ICF/IID.	25957

(2) In the case of a new ICF/IID, the ICF/IID's beds are from	25958
a downsized ICF/IID and the downsized ICF/IID has either of the	25959
following on the day it becomes a downsized ICF/IID:	25960

(a) A medicaid-certified capacity that is at least ten per	25961
cent less than its medicaid-certified capacity on the day	25962
immediately preceding the day it becomes a downsized ICF/IID;	25963

(b) At least five fewer beds certified as ICF/IID beds than	25964
it has on the day immediately preceding the day it becomes a	25965
downsized ICF/IID.	25966

(B) A cost report filed under division (A) of this section	25967
shall cover the period that begins and ends as follows:	25968

(1) In the case of an ICF/IID that becomes a downsized	25969
ICF/IID or partially converted ICF/IID:	25970

(a) The period begins with the day that the ICF/IID becomes a	25971
downsized ICF/IID or partially converted ICF/IID.	25972

(b) The period ends on the last day of the last month of the	25973
first three full months of operation as a downsized ICF/IID or	25974
partially converted ICF/IID.	25975

(2) In the case of a new ICF/IID:

25976

(a) The period begins with the day that the provider	25977
agreement for the ICF/IID takes effect.	25978

(b) The period ends on the last day of the last month of the	25979
first three full months that the provider agreement is in effect.	25980

(C) The department shall refuse to accept a cost report filed	25981
under division (A) of this section if either of the following	25982
apply:	25983

(1) Except as provided in division (E) of section 5124.10 of	25984
the Revised Code, the provider fails to file the cost report with	25985
the department not later than ninety days after the last day of	25986
the period the cost report covers;	25987

(2) The cost report is incomplete or inadequate.

25988

(D) If the department accepts a cost report filed under	25989
division (A) of this section, the department shall use that cost	25990
report, rather than the cost report that otherwise would be used	25991
pursuant to section 5124.17, 5124.19, 5124.21, or 5124.23 of the	25992
Revised Code, to determine the ICF/IID's medicaid payment rate in	25993
accordance with this chapter for ICF/IID services the ICF/IID	25994
provides during the period that begins and ends as follows:	25995

(1) The period begins on the following:

25996

(a) In the case of an ICF/IID that becomes a downsized	25997
ICF/IID or partially converted ICF/IID:	25998

(i) The day that the ICF/IID becomes a downsized ICF/IID or	25999
partially converted ICF/IID if that day is the first day of a	26000
month;	26001

(ii) The first day of the month immediately following the	26002
month that the ICF/IID becomes a downsized ICF/IID or partially	26003
converted ICF/IID if division (D)(1)(a)(i) of this section does	26004
not apply.	26005

(b) In the case of a new ICF/IID, the day that the ICF/IID's	26006
provider agreement takes effect.	26007

(2) The period ends on the last day of the fiscal year that	26008
immediately precedes the fiscal year for which the ICF/IID begins	26009
to be paid a rate determined using a cost report that division (E)	26010
of this section requires be filed in accordance with division (A)	26011
of section 5124.10 of the Revised Code.	26012

(E)(1) If the department accepts a cost report filed under	26013
division (A) of this section for an ICF/IID that becomes a	26014
downsized ICF/IID or partially converted ICF/IID on or before the	26015
first day of October of a calendar year, or for a new ICF/IID that	26016
has a provider agreement that takes effect on or before that date,	26017
the provider also shall file a cost report for the ICF/IID in	26018
accordance with division (A) of section 5124.10 of the Revised	26019
Code for the portion of that calendar year that the ICF/IID	26020
operated as a downsized ICF/IID or partially converted ICF/IID or,	26021
in the case of a new ICF/IID, for the portion that the provider	26022
agreement was in effect.	26023

(2) If the department accepts a cost report filed under	26024
division (A) of this section for an ICF/IID that becomes a	26025
downsized ICF/IID or partially converted ICF/IID after the first	26026
day of October of a calendar year, or for a new ICF/IID that has a	26027
provider agreement that takes effect on or after that date, the	26028
provider is not required to file a cost report for that calendar	26029
year in accordance with division (A) of section 5124.10 of the	26030
Revised Code. The provider shall file a cost report for the	26031
ICF/IID in accordance with division (A) of section 5124.10 of the	26032
Revised Code for the immediately following calendar year.	26033

Sec. 5124.106. (A) If an ICF/IID provider required by	26034
section 5124.10 of the Revised Code to file a cost report for the	26035
ICF/IID fails to file the cost report by the date it is due or the	26036
date, if any, to which the due date is extended pursuant to	26037
division (E) of that section, or files an incomplete or inadequate	26038
report for the ICF/IID under that section, the department of	26039
developmental disabilities shall ~~provide immediate~~do both of the	26040
following:	26041

(1) Give written notice to the provider that the provider	26042
agreement for the ICF/IID will be terminated in thirty days unless	26043
the provider submits a complete and adequate cost report for the	26044
ICF/IID within thirty days~~. During the thirty-day termination~~	26045
~~period or any additional time allowed for an appeal of the~~	26046
~~proposed termination of a provider agreement, the provider shall~~	26047
~~be paid the ICF/IID's then current per medicaid day payment rate,~~	26048
~~minus the dollar amount by which ICFs/IID's per medicaid day~~	26049
~~payment rates are reduced during fiscal year 2013 in accordance~~	26050
~~with division (A)(2) of section 5111.26 of the Revised Code~~	26051
~~(renumbered as section 5165.10 of the Revised Code by H.B. 59 of~~	26052
~~the 130th general assembly) as that section existed on the day~~	26053
~~immediately preceding the effective date of this section. On the~~	26054
~~first day of each July, the department shall adjust the amount of~~	26055
~~the reduction in effect during the previous twelve months to~~	26056
~~reflect the rate of inflation during the preceding twelve months~~;	26057

(2) Reduce the per medicaid day payment rate for the	26058
provider's ICF/IID by the amount specified in division (B) of this	26059
section for the period of time specified in division (C) of this	26060
section.	26061

(B) For the purpose of division (A)(2) of this section, an	26062
ICF/IID's per medicaid day payment rate shall be reduced by the	26063
following amount:	26064

(1) In the case of a reduction made during the period	26065
beginning on the effective date of this amendment and ending on	26066
the first day of the first fiscal year beginning after the	26067
effective date of this amendment, two dollars;	26068

(2) In the case of a reduction made during the first fiscal	26069
year beginning after the effective date of this amendment and each	26070
fiscal year thereafter, the amount of the reduction in effect on	26071
the last day of the fiscal year immediately preceding the fiscal	26072
year in which the reduction is made adjusted by the rate of	26073
inflation during that immediately preceding fiscal year, as shown	26074
in the consumer price index for all items for all urban consumers	26075
for the midwest region, published by the United States bureau of	26076
labor statistics.	26077

(C) The period of time that an ICF/IID's per medicaid day	26078
payment rate is reduced under this section shall begin and end as	26079
follows:	26080

(1) The period shall begin on the following date:

26081

(a) The day immediately following the date the cost report is	26082
due or to which the due date is extended, as applicable, if the	26083
reduction is made because the provider fails to file a cost report	26084
by that date;	26085

(b) The day the department gives the provider written notice	26086
under division (A)(1) of this section of the proposed provider	26087
agreement termination, if the reduction is made because the	26088
provider files an incomplete or inadequate cost report.	26089

(2) The period shall end on the last day of the thirty-day	26090
period specified in the notice given under division (A)(1) of this	26091
section or any additional period allowed for an appeal of the	26092
proposed provider agreement termination.	26093

Sec. 5124.15. (A) Except as otherwise provided by sections	26094
5124.151 to 5124.154 of the Revised Code and ~~division~~divisions	26095
(B) and (C) of this section, the total per medicaid day payment	26096
rate that the department of developmental disabilities shall pay	26097
to an ICF/IID provider for ICF/IID services the provider's ICF/IID	26098
provides during a fiscal year shall equal the sum of all of the	26099
following:	26100

(1) The per medicaid day payment rate for capital costs	26101
determined for the ICF/IID under section 5124.17 of the Revised	26102
Code;	26103

(2) The per medicaid day payment rate for direct care costs	26104
determined for the ICF/IID under section 5124.19 of the Revised	26105
Code;	26106

(3) The per medicaid day payment rate for indirect care costs	26107
determined for the ICF/IID under section 5124.21 of the Revised	26108
Code;	26109

(4) The per medicaid day payment rate for other protected	26110
costs determined for the ICF/IID under section 5124.23 of the	26111
Revised Code.	26112

(B) The total per medicaid day payment rate for an ICF/IID in	26113
peer group 3 shall not exceed the average total per medicaid day	26114
payment rate in effect on July 1, 2013, for developmental centers.	26115

(C) The department shall adjust the total rate otherwise	26116
determined under division (A) of this section as directed by the	26117
general assembly through the enactment of law governing medicaid	26118
payments to ICF/IID providers.	26119

~~(C)~~(D) In addition to paying an ICF/IID provider the total	26120
rate determined for the provider's ICF/IID under divisions (A)	26121
~~and~~, (B), and (C) of this section for a fiscal year, the	26122
department, in accordance with section 5124.25 of the Revised	26123
Code, may pay the provider a rate add-on for pediatric	26124
ventilator-dependent outlier ICF/IID services if the rate add-on	26125
is to be paid under that section and the department approves the	26126
provider's application for the rate add-on. The rate add-on is not	26127
to be part of the ICF/IID's total rate.	26128

Sec. 5124.151. (A) The total per medicaid day payment rate	26129
determined under section 5124.15 of the Revised Code shall not be	26130
the initial rate for ICF/IID services provided by a new ICF/IID.	26131
Instead, the initial total per medicaid day payment rate for	26132
ICF/IID services provided by a new ICF/IID shall be determined in	26133
accordance with this section.	26134

(B) The initial total medicaid day payment rate for ICF/IID	26135
services provided by a new ICF/IID in peer group 1 or peer group 2	26136
shall be determined in the following manner:	26137

(1) The initial rate for capital costs shall be determined	26138
under section 5124.17 of the Revised Code using the greater of the	26139
new ICF/IID's actual inpatient days or an imputed occupancy rate	26140
of eighty per cent.	26141

(2) The initial rate for direct care costs shall be	26142
determined as follows:	26143

(a) If there are no cost or resident assessment data for the	26144
new ICF/IID as necessary to determine a rate under section 5124.19	26145
of the Revised Code, the rate shall be determined as follows:	26146

(i) Determine the median cost per case-mix unit under	26147
division (B) of section 5124.19 of the Revised Code for the new	26148
ICF/IID's peer group for the calendar year immediately preceding	26149
the fiscal year in which the rate will be paid;	26150

(ii) Multiply the amount determined under division	26151
~~(A)~~(B)(2)(a)(i) of this section by the median annual average	26152
case-mix score for the new ICF/IID's peer group for that period;	26153

(iii) Adjust the product determined under division	26154
~~(A)~~(B)(2)(a)(ii) of this section by the rate of inflation	26155
estimated under division (D) of section 5124.19 of the Revised	26156
Code.	26157

(b) If the new ICF/IID is a replacement ICF/IID and the	26158
ICF/IID or ICFs/IID that are being replaced are in operation	26159
immediately before the new ICF/IID opens, the rate shall be the	26160
same as the rate for the replaced ICF/IID or ICFs/IID,	26161
proportionate to the number of ICF/IID beds in each replaced	26162
ICF/IID.	26163

(c) If the new ICF/IID is a replacement ICF/IID and the	26164
ICF/IID or ICFs/IID that are being replaced are not in operation	26165
immediately before the new ICF/IID opens, the rate shall be	26166
determined under division ~~(A)~~(B)(2)(a) of this section.	26167

(3) The initial rate for indirect care costs shall be the	26168
maximum rate for the new ICF/IID's peer group as determined for	26169
the fiscal year in accordance with division (C) of section 5124.21	26170
of the Revised Code.	26171

(4) The initial rate for other protected costs shall be one	26172
hundred fifteen per cent of the median rate for ICFs/IID	26173
determined for the fiscal year under section 5124.23 of the	26174
Revised Code.	26175

~~(B)~~(C) The initial total medicaid day payment rate for	26176
ICF/IID services provided by a new ICF/IID in peer group 3 shall	26177
be determined in the following manner:	26178

(1) The initial rate for capital costs shall be $29.61.

26179

(2) The initial rate for direct care costs shall be $264.89.

26180

(3) The initial rate for indirect care costs shall be $59.85.

26181

(4) The initial rate for other protected costs shall be	26182
$25.99.	26183

(D)(1) Except as provided in division ~~(B)~~(D)(2) of this	26184
section, the department shall adjust a new ICF/IID's initial total	26185
per medicaid day payment rate determined under this section	26186
effective the first day of July, to reflect new rate	26187
determinations for all ICFs/IID under this chapter.	26188

(2) If the department accepts, under division (A) of section	26189
5124.101 of the Revised Code, a cost report filed by the provider	26190
of a new ICF/IID, the department shall adjust the ICF/IID's	26191
initial total per medicaid day payment rate in accordance with	26192
divisions (D) and (E) of that section rather than division	26193
~~(B)~~(D)(1) of this section.	26194

Sec. 5124.17. (A) For each fiscal year, the department of	26195
developmental disabilities shall determine each ICF/IID's per	26196
medicaid day payment rate for reasonable capital costs. Except as	26197
otherwise provided in this chapter, an ICF/IID's rate shall be	26198
determined prospectively and based on the ICF/IID's capital costs	26199
for the calendar year preceding the fiscal year in which the rate	26200
will be paid. Subject to section 5124.28 of the Revised Code, an	26201
ICF/IID's rate shall equal the sum of the following:	26202

(1) The ICF/IID's desk-reviewed, actual, allowable, per diem	26203
costs of ownership for the immediately preceding cost reporting	26204
period, limited as provided in divisions (B) ~~and~~, (C), and (D) of	26205
this section;	26206

(2) The ICF/IID's per medicaid day payment for the ICF/IID's	26207
per diem capitalized costs of nonextensive renovations determined	26208
under division ~~(D)~~(E)(1) of this section if the ICF/IID qualifies	26209
for a payment for such costs as specified in division ~~(D)~~(E)(2) of	26210
this section;	26211

(3) The ICF/IID's per medicaid day efficiency incentive	26212
determined under division ~~(E)~~(F) of this section;	26213

~~(4) Until fiscal year 2015, the ICF/IID's return on net~~	26214
~~equity determined under division (F) of this section~~.	26215

(B) The costs of ownership per diem payment rates for	26216
ICFs/IID ~~with more than eight beds~~in peer group 1 shall not	26217
exceed the following limits as adjusted for inflation in	26218
accordance with division (G) of this section:	26219

(1) For ICFs/IID with dates of licensure prior to January 1,	26220
l958, not exceeding two dollars and fifty cents;	26221

(2) For ICFs/IID with dates of licensure after December 31,	26222
l957, but prior to January 1, l968, not exceeding:	26223

(a) Three dollars and fifty cents if the cost of construction	26224
was three thousand five hundred dollars or more per bed;	26225

(b) Two dollars and fifty cents if the cost of construction	26226
was less than three thousand five hundred dollars per bed.	26227

(3) For ICFs/IID with dates of licensure after December 31,	26228
l967, but prior to January 1, l976, not exceeding:	26229

(a) Four dollars and fifty cents if the cost of construction	26230
was five thousand one hundred fifty dollars or more per bed;	26231

(b) Three dollars and fifty cents if the cost of construction	26232
was less than five thousand one hundred fifty dollars per bed, but	26233
exceeds three thousand five hundred dollars per bed;	26234

(c) Two dollars and fifty cents if the cost of construction	26235
was three thousand five hundred dollars or less per bed.	26236

(4) For ICFs/IID with dates of licensure after December 31,	26237
l975, but prior to January 1, l979, not exceeding:	26238

(a) Five dollars and fifty cents if the cost of construction	26239
was six thousand eight hundred dollars or more per bed;	26240

(b) Four dollars and fifty cents if the cost of construction	26241
was less than six thousand eight hundred dollars per bed but	26242
exceeds five thousand one hundred fifty dollars per bed;	26243

(c) Three dollars and fifty cents if the cost of construction	26244
was five thousand one hundred fifty dollars or less per bed, but	26245
exceeds three thousand five hundred dollars per bed;	26246

(d) Two dollars and fifty cents if the cost of construction	26247
was three thousand five hundred dollars or less per bed.	26248

(5) For ICFs/IID with dates of licensure after December 31,	26249
l978, but prior to January 1, l980, not exceeding:	26250

(a) Six dollars if the cost of construction was seven	26251
thousand six hundred twenty-five dollars or more per bed;	26252

(b) Five dollars and fifty cents if the cost of construction	26253
was less than seven thousand six hundred twenty-five dollars per	26254
bed but exceeds six thousand eight hundred dollars per bed;	26255

(c) Four dollars and fifty cents if the cost of construction	26256
was six thousand eight hundred dollars or less per bed but exceeds	26257
five thousand one hundred fifty dollars per bed;	26258

(d) Three dollars and fifty cents if the cost of construction	26259
was five thousand one hundred fifty dollars or less but exceeds	26260
three thousand five hundred dollars per bed;	26261

(e) Two dollars and fifty cents if the cost of construction	26262
was three thousand five hundred dollars or less per bed.	26263

(6) For ICFs/IID with dates of licensure after December 31,	26264
1979, but prior to January 1, 1981, not exceeding:	26265

(a) Twelve dollars if the beds were originally licensed as	26266
residential facility beds by the department of developmental	26267
disabilities;	26268

(b) Six dollars if the beds were originally licensed as	26269
nursing home beds by the department of health.	26270

(7) For ICFs/IID with dates of licensure after December 31,	26271
1980, but prior to January 1, 1982, not exceeding:	26272

(a) Twelve dollars if the beds were originally licensed as	26273
residential facility beds by the department of developmental	26274
disabilities;	26275

(b) Six dollars and forty-five cents if the beds were	26276
originally licensed as nursing home beds by the department of	26277
health.	26278

(8) For ICFs/IID with dates of licensure after December 31,	26279
1981, but prior to January 1, 1983, not exceeding:	26280

(a) Twelve dollars if the beds were originally licensed as	26281
residential facility beds by the department of developmental	26282
disabilities;	26283

(b) Six dollars and seventy-nine cents if the beds were	26284
originally licensed as nursing home beds by the department of	26285
health.	26286

(9) For ICFs/IID with dates of licensure after December 31,	26287
1982, but prior to January 1, 1984, not exceeding:	26288

(a) Twelve dollars if the beds were originally licensed as	26289
residential facility beds by the department of developmental	26290
disabilities;	26291

(b) Seven dollars and nine cents if the beds were originally	26292
licensed as nursing home beds by the department of health.	26293

(10) For ICFs/IID with dates of licensure after December 31,	26294
1983, but prior to January 1, 1985, not exceeding:	26295

(a) Twelve dollars and twenty-four cents if the beds were	26296
originally licensed as residential facility beds by the department	26297
of developmental disabilities;	26298

(b) Seven dollars and twenty-three cents if the beds were	26299
originally licensed as nursing home beds by the department of	26300
health.	26301

(11) For ICFs/IID with dates of licensure after December 31,	26302
1984, but prior to January 1, 1986, not exceeding:	26303

(a) Twelve dollars and fifty-three cents if the beds were	26304
originally licensed as residential facility beds by the department	26305
of developmental disabilities;	26306

(b) Seven dollars and forty cents if the beds were originally	26307
licensed as nursing home beds by the department of health.	26308

(12) For ICFs/IID with dates of licensure after December 31,	26309
1985, but prior to January 1, 1987, not exceeding:	26310

(a) Twelve dollars and seventy cents if the beds were	26311
originally licensed as residential facility beds by the department	26312
of developmental disabilities;	26313

(b) Seven dollars and fifty cents if the beds were originally	26314
licensed as nursing home beds by the department of health.	26315

(13) For ICFs/IID with dates of licensure after December 31,	26316
1986, but prior to January 1, 1988, not exceeding:	26317

(a) Twelve dollars and ninety-nine cents if the beds were	26318
originally licensed as residential facility beds by the department	26319
of developmental disabilities;	26320

(b) Seven dollars and sixty-seven cents if the beds were	26321
originally licensed as nursing home beds by the department of	26322
health.	26323

(14) For ICFs/IID with dates of licensure after December 31,	26324
1987, but prior to January 1, 1989, not exceeding thirteen dollars	26325
and twenty-six cents;	26326

(15) For ICFs/IID with dates of licensure after December 31,	26327
1988, but prior to January 1, 1990, not exceeding thirteen dollars	26328
and forty-six cents;	26329

(16) For ICFs/IID with dates of licensure after December 31,	26330
1989, but prior to January 1, 1991, not exceeding thirteen dollars	26331
and sixty cents;	26332

(17) For ICFs/IID with dates of licensure after December 31,	26333
1990, but prior to January 1, 1992, not exceeding thirteen dollars	26334
and forty-nine cents;	26335

(18) For ICFs/IID with dates of licensure after December 31,	26336
1991, but prior to January 1, 1993, not exceeding thirteen dollars	26337
and sixty-seven cents;	26338

(19) For ICFs/IID with dates of licensure after December 31,	26339
1992, not exceeding fourteen dollars and twenty-eight cents.	26340

(C)(1) The costs of ownership per diem payment rate for an	26341
ICF/IID ~~with eight or fewer beds~~in peer group 2 shall not exceed	26342
the following limits:	26343

(a) Eighteen dollars and thirty cents as adjusted for	26344
inflation pursuant to division (C)(2) of this section if any of	26345
the following apply to the ICF/IID:	26346

(i) The ICF/IID has a date of licensure, or was granted	26347
project authorization by the department of developmental	26348
disabilities, before July 1, 1993.	26349

(ii) The ICF/IID has a date of licensure, or was granted	26350
project authorization by the department, on or after July 1, 1993,	26351
and the provider demonstrates that the provider made substantial	26352
commitments of funds for the ICF/IID before that date.	26353

(iii) The ICF/IID has a date of licensure, or was granted	26354
project authorization by the department, on or after July 1, 1993,	26355
the provider made no substantial commitment of funds for the	26356
ICF/IID before that date, and the department of job and family	26357
services or department of developmental disabilities gave prior	26358
approval for the ICF/IID's construction.	26359

(b) If division (C)(1)(a) of this section does not apply to	26360
the ICF/IID, the amount that would apply to the ICF/IID under	26361
division (B) of this section if it ~~had more than eight beds~~were	26362
in peer group 1.	26363

(2) The eighteen-dollar and thirty-cent payment rate	26364
specified in division (C)(1)(a) of this section shall be increased	26365
as follows:	26366

(a) For the period beginning June 30, 1990, and ending July	26367
1, 1993, by the change in the "Dodge building cost indexes,	26368
northeastern and north central states," published by Marshall and	26369
Swift;	26370

(b) For each fiscal year thereafter, in accordance with	26371
division (G) of this section.	26372

(D) The costs of ownership per diem payment rate for an	26373
ICF/IID in peer group 3 shall not exceed the amount that is used	26374
for the purpose of division (C)(1)(a) of this section and is in	26375
effect on July 1, 2014. That rate shall be increased each fiscal	26376
year that begins after the effective date of this section in	26377
accordance with division (G) of this section.	26378

(E)(1) Beginning January 1, 1981, regardless of the original	26379
date of licensure, the payment rate for the per diem capitalized	26380
costs of nonextensive renovations made after January 1, l981, to a	26381
qualifying ICF/IID, shall not exceed six dollars per medicaid day	26382
using 1980 as the base year and adjusting the amount annually	26383
until June 30, 1993, for fluctuations in construction costs	26384
calculated by the department using the "Dodge building cost	26385
indexes, northeastern and north central states," published by	26386
Marshall and Swift. The payment rate shall be further adjusted in	26387
accordance with division (G) of this section. The payment provided	26388
for in this division is the only payment that shall be made for an	26389
ICF/IID's capitalized costs of nonextensive renovations. Costs of	26390
nonextensive renovations shall not be included in costs of	26391
ownership and shall not affect the date of licensure for purposes	26392
of division (B) or (C) of this section. This division applies to	26393
nonextensive renovations regardless of whether they are made by an	26394
owner or a lessee. If the tenancy of a lessee that has made	26395
nonextensive renovations ends before the depreciation expense for	26396
the costs of nonextensive renovations has been fully reported, the	26397
former lessee shall not report the undepreciated balance as an	26398
expense.	26399

(2) An ICF/IID qualifies for a payment for costs of	26400
nonextensive renovations if all of the following apply:	26401

(a) Either of the following applies:

26402

(i) The ICF/IID ~~has more than eight beds~~is in peer group 1	26403
and either the department approved the nonextensive renovation	26404
before July 1, 2013, or the nonextensive renovation is part of a	26405
project that results in the ICF/IID becoming a downsized ICF/IID	26406
or partially converted ICF/IID.	26407

(ii) The ICF/IID ~~has eight or fewer beds~~is in peer group 2	26408
or peer group 3.	26409

(b) At least five years have elapsed since the ICF/IID's date	26410
of licensure or date of an extensive renovation of the portion of	26411
the ICF/IID that is proposed to be nonextensively renovated,	26412
unless the nonextensive renovation is necessary to meet the	26413
requirements of federal, state, or local statutes, ordinances,	26414
rules, or policies.	26415

26416

(i) Submits to the department a plan that describes in detail	26417
the changes in capital assets to be accomplished by means of the	26418
nonextensive renovation and the timetable for completing the	26419
project, which shall be not more than eighteen months after the	26420
nonextensive renovation begins;	26421

(ii) Obtains prior approval from the department for the	26422
nonextensive renovation.	26423

(3) The director of developmental disabilities shall adopt	26424
rules under section 5124.03 of the Revised Code that specify	26425
criteria and procedures for prior approval of nonextensive	26426
renovation and extensive renovation projects. No provider shall	26427
separate a project with the intent to evade the characterization	26428
of the project as a nonextensive renovation or as an extensive	26429
renovation. No provider shall increase the scope of a project	26430
after it is approved by the department unless the increase in	26431
scope is approved by the department.	26432

~~(E)~~(F)(1) Subject to division ~~(E)~~(F)(2) of this section, an	26433
ICF/IID's per medicaid day efficiency incentive payment rate shall	26434
equal the following percentage of the difference between the	26435
ICF/IID's desk-reviewed, actual, allowable per diem costs of	26436
ownership and the applicable limit on costs of ownership payment	26437
rates established by division (B) of this section:	26438

(a) In the case of an ICF/IID ~~with more than eight beds~~in	26439
peer group 1, the following percentage:	26440

(i) ~~Fifty per cent for fiscal year 2014;~~

26441

~~(ii)~~ Fifty per cent ~~for fiscal year 2015 and each fiscal year~~	26442
~~thereafter~~ if the provider of the ICF/IID obtains the department's	26443
approval to become a downsized ICF/IID and the approval is	26444
conditioned on the downsizing being completed not later than July	26445
1, 2018;	26446

~~(iii)~~(ii) Twenty-five per cent if division (F)(1)(a)(i) of	26447
this section does not apply;	26448

(b) In the case of an ICF/IID ~~with eight or fewer beds~~in	26449
peer group 2 or peer group 3, fifty per cent.	26450

(2) The efficiency incentive payment rate for an ICF/IID ~~with~~	26451
~~eight or fewer beds~~in peer group 2 or peer group 3 shall not	26452
exceed three dollars per medicaid day, adjusted annually in	26453
accordance with division (G) of this section. For the purpose of	26454
determining an ICF/IID's efficiency incentive payment rate, both	26455
of the following apply:	26456

(a) Depreciation for costs paid or reimbursed by any	26457
government agency shall be considered as a cost of ownership;	26458

(b) The applicable limit under division (B) of this section	26459
shall apply ~~both~~ to all ICFs/IID ~~with more than eight beds and~~	26460
~~ICFs/IID with eight or fewer beds~~regardless of which peer group	26461
they are in.	26462

~~(F) An ICF/IID's return on net equity shall be determined at~~	26463
~~the rate of one and one-half times the average of interest rates~~	26464
~~on special issues of public debt obligations issued to the federal~~	26465
~~hospital insurance trust fund for the cost reporting period. In~~	26466
~~determining an ICF/IID's rate for return on net equity, the~~	26467
~~department shall use the greater of the ICF/IID's inpatient days~~	26468
~~during the applicable cost reporting period or the number of~~	26469
~~inpatient days the ICF/IID would have had during that period if~~	26470
~~the ICF/IID's occupancy rate had been ninety-five per cent. No~~	26471
~~ICF/IID's rate for return on net equity shall exceed one dollar~~	26472
~~per medicaid day. No ICF/IID's rate for capital costs shall~~	26473
~~include a rate for return on net equity beginning July 1, 2014.~~	26474

(G) The amounts specified in divisions (B), (C), (D), ~~and~~	26475
(E), and (F) of this section shall be adjusted beginning ~~July 1,~~	26476
~~1993,~~on the first day of each fiscal year for the estimated	26477
inflation rate for the twelve-month period beginning on the first	26478
day of July of the calendar year immediately preceding the	26479
calendar year that immediately precedes the fiscal year for which	26480
rate will be paid and ending on the thirtieth day of the following	26481
June, using the consumer price index for shelter costs for all	26482
urban consumers for the midwest region, as published by the United	26483
States bureau of labor statistics.	26484

(H) Notwithstanding divisions (C) and ~~(D)~~(E) of this section,	26485
the total payment rate for costs of ownership, capitalized costs	26486
of nonextensive renovations, and the efficiency incentive for an	26487
ICF/IID ~~with eight or fewer beds~~in peer group 2 shall not exceed	26488
the sum of the limitations specified in divisions (C) and ~~(D)~~(E)	26489
of this section. Notwithstanding divisions (D) and (E) of this	26490
section, the total payment rate for costs of ownership,	26491
capitalized costs of nonextensive renovations, and the efficiency	26492
incentive for an ICF/IID in peer group 3 shall not exceed the sum	26493
of the limitations specified in divisions (D) and (E) of this	26494
section.	26495

~~(H)~~

26496

(I)(1) For the purpose of determining ICFs/IID's medicaid	26497
payment rates for capital costs:	26498

(a) Buildings shall be depreciated using the straight line	26499
method over forty years or over a different period approved by the	26500
department.	26501

(b) Components and equipment shall be depreciated using the	26502
straight line method over a period designated by the director of	26503
developmental disabilities in rules adopted under section 5124.03	26504
of the Revised Code, consistent with the guidelines of the	26505
American hospital association, or over a different period approved	26506
by the department.	26507

(2) Any rules authorized by division (I)(1) of this section	26508
that specify useful lives of buildings, components, or equipment	26509
apply only to assets acquired on or after July 1, 1993.	26510
Depreciation for costs paid or reimbursed by any government agency	26511
shall not be included in costs of ownership or costs of	26512
nonextensive renovations unless that part of the payment under	26513
this chapter is used to reimburse the government agency.	26514

(J)(1) Except as provided in division (J)(2) of this section,	26515
if a provider leases or transfers an interest in an ICF/IID to	26516
another provider who is a related party, the related party's	26517
allowable costs of ownership shall include the lesser of the	26518
following:	26519

(a) The annual lease expense or actual cost of ownership,	26520
whichever is applicable;	26521

(b) The reasonable cost to the lessor or provider making the	26522
transfer.	26523

(2) If a provider leases or transfers an interest in an	26524
ICF/IID to another provider who is a related party, regardless of	26525
the date of the lease or transfer, the related party's allowable	26526
cost of ownership shall include the annual lease expense or actual	26527
cost of ownership, whichever is applicable, subject to the	26528
limitations specified in divisions (B) to (I) of this section, if	26529
all of the following conditions are met:	26530

(a) The related party is a relative of owner;

26531

(b) In the case of a lease, if the lessor retains any	26532
ownership interest, it is, except as provided in division	26533
(J)(2)(d)(ii) of this section, in only the real property and any	26534
improvements on the real property;	26535

(c) In the case of a transfer, the provider making the	26536
transfer retains, except as provided in division (J)(2)(d)(iv) of	26537
this section, no ownership interest in the ICF/IID;	26538

(d) The department determines that the lease or transfer is	26539
an arm's length transaction pursuant to rules adopted under	26540
section 5124.03 of the Revised Code. The rules shall provide that	26541
a lease or transfer is an arm's length transaction if all of the	26542
following, as applicable, apply:	26543

(i) In the case of a lease, once the lease goes into effect,	26544
the lessor has no direct or indirect interest in the lessee or,	26545
except as provided in division (J)(2)(b) of this section, the	26546
ICF/IID itself, including interest as an owner, officer, director,	26547
employee, independent contractor, or consultant, but excluding	26548
interest as a lessor.	26549

(ii) In the case of a lease, the lessor does not reacquire an	26550
interest in the ICF/IID except through the exercise of a lessor's	26551
rights in the event of a default. If the lessor reacquires an	26552
interest in the ICF/IID in this manner, the department shall treat	26553
the ICF/IID as if the lease never occurred when the department	26554
determines its payment rate for capital costs.	26555

(iii) In the case of a transfer, once the transfer goes into	26556
effect, the provider that made the transfer has no direct or	26557
indirect interest in the provider that acquires the ICF/IID or the	26558
ICF/IID itself, including interest as an owner, officer, director,	26559
employee, independent contractor, or consultant, but excluding	26560
interest as a creditor.	26561

(iv) In the case of a transfer, the provider that made the	26562
transfer does not reacquire an interest in the ICF/IID except	26563
through the exercise of a creditor's rights in the event of a	26564
default. If the provider reacquires an interest in the ICF/IID in	26565
this manner, the department shall treat the ICF/IID as if the	26566
transfer never occurred when the department determines its payment	26567
rate for capital costs.	26568

(v) The lease or transfer satisfies any other criteria	26569
specified in the rules.	26570

(e) Except in the case of hardship caused by a catastrophic	26571
event, as determined by the department, or in the case of a lessor	26572
or provider making the transfer who is at least sixty-five years	26573
of age, not less than twenty years have elapsed since, for the	26574
same ICF/IID, allowable cost of ownership was determined most	26575
recently under this division.	26576

Sec. 5124.19. (A)(1) For each fiscal year, the department of	26577
developmental disabilities shall determine each ICF/IID's per	26578
medicaid day payment rate for direct care costs as follows:	26579

(a) Multiply the lesser of the following by the ICF/IID's	26580
annual average case-mix score determined or assigned under section	26581
5124.192 of the Revised Code for the calendar year immediately	26582
preceding the fiscal year for which the rate will be paid:	26583

(i) The ICF/IID's cost per case-mix unit for the calendar	26584
year immediately preceding the fiscal year for which the rate will	26585
be paid, as determined under division (B) of this section;	26586

(ii) The maximum cost per case-mix unit for the ICF/IID's	26587
peer group for the fiscal year for which the rate will be paid, as	26588
set under division (C) of this section;	26589

(b) Adjust the product determined under division (A)(1)(a) of	26590
this section by the inflation rate estimated under division (D)(1)	26591
of this section and modified under division (D)(2) of this	26592
section.	26593

(2) Except as otherwise directed by law enacted by the	26594
general assembly, the department shall determine each ICF/IID's	26595
rate for direct care costs prospectively.	26596

(B) To determine an ICF/IID's cost per case-mix unit for the	26597
calendar year immediately preceding the fiscal year in which the	26598
rate will be paid, the department shall divide the ICF/IID's	26599
desk-reviewed, actual, allowable, per diem direct care costs for	26600
that calendar year by its annual average case-mix score determined	26601
under section 5124.192 of the Revised Code for the same calendar	26602
year.	26603

(C)(1) For each fiscal year for which a rate will be paid,	26604
the department shall set the maximum cost per case-mix unit for	26605
~~each peer group of~~ ICFs/IID ~~with more than eight beds~~in peer	26606
group 1 at a percentage above the cost per case-mix unit	26607
determined under division (B) of this section for the ICF/IID in	26608
~~the~~ peer group 1 that has the peer group's median number of	26609
medicaid days for the calendar year immediately preceding the	26610
fiscal year in which the rate will be paid. The percentage shall	26611
be no less than ~~the percentage above the cost per case-mix unit~~	26612
~~determined under division (B) of this section for the ICF/IID that~~	26613
~~has the median number of medicaid days for calendar year 1992 for~~	26614
~~all ICFs/IID with more than eight beds that would result in~~	26615
~~payment of all desk-reviewed, actual, allowable direct care costs~~	26616
~~for eighty and one-half per cent of the medicaid days for such~~	26617
~~ICFs/IID for calendar year 1992~~twenty-two and forty-six	26618
hundredths per cent.	26619

(2) For each fiscal year for which a rate will be paid, the	26620
department shall set the maximum cost per case-mix unit for ~~each~~	26621
~~peer group of~~ ICFs/IID ~~with eight or fewer beds~~in peer group 2 at	26622
a percentage above the cost per case-mix unit determined under	26623
division (B) of this section for the ICF/IID in ~~the~~ peer group 2	26624
that has the peer group's median number of medicaid days for the	26625
calendar year immediately preceding the fiscal year in which the	26626
rate will be paid. The percentage shall be no less than ~~the~~	26627
~~percentage above the cost per case-mix unit determined under~~	26628
~~division (B) of this section for the ICF/IID that has the median~~	26629
~~number of medicaid days for calendar year 1992 for all ICFs/IID~~	26630
~~with eight or fewer beds that would result in payment of all~~	26631
~~desk-reviewed, actual, allowable direct care costs for eighty and~~	26632
~~one-half per cent of the medicaid days for such ICFs/IID for~~	26633
~~calendar year 1992~~eighteen and eight-tenths per cent.	26634

(3) For each fiscal year for which a rate will be paid, the	26635
department shall set the maximum cost per case-mix unit for	26636
ICFs/IID in peer group 3 at the ninety-fifth percentile of all	26637
ICFs/IID in peer group 3 for the calendar year immediately	26638
preceding the fiscal year in which the rate will be paid.	26639

(4) In determining the maximum cost per case-mix unit under	26640
divisions (C)(1) and (2) of this section for ~~each~~ peer group 1 and	26641
peer group 2, the department shall exclude from its determinations	26642
the cost per case-mix unit of any ICF/IID in ~~the~~ peer group 1 or	26643
peer group 2 that participated in the medicaid program under the	26644
same provider for less than twelve months during the calendar year	26645
immediately preceding the fiscal year in which the rate will be	26646
paid.	26647

~~(4)~~(5) The department shall not reset a peer group's maximum	26648
cost per case-mix unit for a fiscal year under division (C)(1) or,	26649
(2), or (3) of this section based on additional information that	26650
it receives after it sets the maximum for that fiscal year. The	26651
department shall reset a peer group's maximum cost per case-mix	26652
unit for a fiscal year only if it made an error in setting the	26653
maximum for that fiscal year based on information available to the	26654
department at the time it originally sets the maximum for that	26655
fiscal year.	26656

(D)(1) The department shall estimate the rate of inflation	26657
for the eighteen-month period beginning on the first day of July	26658
of the calendar year preceding the fiscal year in which a rate	26659
will be paid and ending on the thirty-first day of December of the	26660
fiscal year in which the rate will be paid, using the following:	26661

(a) Subject to division (D)(1)(b) of this section, the	26662
employment cost index for total compensation, health care and	26663
social assistance component, published by the United States bureau	26664
of labor statistics;	26665

(b) If the United States bureau of labor statistics ceases to	26666
publish the index specified in division (D)(1)(a) of this section,	26667
the index that is subsequently published by the bureau and covers	26668
the staff costs of ICFs/IID.	26669

(2) If the estimated inflation rate for the eighteen-month	26670
period specified in division (D)(1) of this section is different	26671
from the actual inflation rate for that period, as measured using	26672
the same index, the difference shall be added to or subtracted	26673
from the inflation rate estimated under division (D)(1) of this	26674
section for the following fiscal year.	26675

~~(E) The director of developmental disabilities shall adopt~~	26676
~~rules under section 5124.03 of the Revised Code that specify peer~~	26677
~~groups of ICFs/IID with more than eight beds and peer groups of~~	26678
~~ICFs/IID with eight or fewer beds, based on findings of~~	26679
~~significant per diem direct care cost differences due to geography~~	26680
~~and bed-size. The rules also may specify peer groups based on~~	26681
~~findings of significant per diem direct care cost differences due~~	26682
~~to other factors which may include case-mix.~~	26683

Sec. 5124.21. (A) For each fiscal year, the department of	26684
developmental disabilities shall determine each ICF/IID's per	26685
medicaid day payment rate for indirect care costs. Except as	26686
otherwise provided in this chapter, an ICF/IID's rate shall be	26687
determined prospectively. Subject to section 5124.28 of the	26688
Revised Code, an ICF/IID's rate shall be the lesser of the	26689
individual rate determined under division (B) of this section and	26690
the maximum rate determined for the ICF/IID's peer group under	26691
division (C) of this section.	26692

(B) An ICF/IID's individual rate is the sum of the following:

26693

(1) The ICF/IID's desk-reviewed, actual, allowable, per diem	26694
indirect care costs from the calendar year immediately preceding	26695
the fiscal year in which the rate will be paid, adjusted for the	26696
inflation rate estimated under division ~~(D)~~(E)(1) of this section;	26697

(2) ~~If the ICF/IID has more than eight beds~~Subject to	26698
division (D) of this section, an efficiency incentive ~~in the~~	26699
~~following amount:~~	26700

~~(a) For fiscal year 2014, seven and one-tenth per cent of the~~	26701
~~maximum rate established for the ICF/IID's peer group under~~	26702
~~division (C) of this section;~~	26703

~~(b) For fiscal year 2015, the following amount:~~

26704

~~(i) The amount calculated for fiscal year 2014 under division~~	26705
~~(B)(2)(a) of this section if the provider of the ICF/IID obtains~~	26706
~~the department's approval to become a downsized ICF/IID and the~~	26707
~~approval is conditioned on the downsizing being completed not~~	26708
~~later than July 1, 2018;~~	26709

~~(ii) One-half of the amount calculated for fiscal year 2014~~	26710
~~under division (B)(2)(a) of this section if division (B)(2)(b)(i)~~	26711
~~of this section does not apply to the ICF/IID~~equal to the	26712
difference between the amount of the per diem indirect care costs	26713
determined for the ICF/IID under division (B)(1) of this section	26714
for the fiscal year in which the rate will be paid and the maximum	26715
rate established for the ICF/IID's peer group under division (C)	26716
of this section for that fiscal year.	26717

~~(c) For fiscal year 2016 and each fiscal year thereafter~~	26718
~~ending in an even-numbered calendar year, the following~~	26719
~~percentages of the maximum rate established for the ICF/IID's peer~~	26720
~~group under division (C) of this section:~~	26721

~~(i) Seven and one-tenth per cent if the provider of the~~	26722
~~ICF/IID obtains the department's approval to become a downsized~~	26723
~~ICF/IID and the approval is conditioned on the downsizing being~~	26724
~~completed not later than July 1, 2018;~~	26725

~~(ii) Three and fifty-five hundredths per cent if division~~	26726
~~(B)(2)(c)(i) of this section does not apply to the ICF/IID.~~	26727

~~(d) For fiscal year 2017 and each fiscal year thereafter~~	26728
~~ending in an odd-numbered calendar year, the amount calculated for~~	26729
~~the immediately preceding fiscal year under division (B)(2)(c) of~~	26730
~~this section.~~	26731

~~(3) If the ICF/IID has eight or fewer beds, an efficiency~~	26732
~~incentive in the following amount:~~	26733

~~(a) For each fiscal year ending in an even-numbered calendar~~	26734
~~year, seven per cent of the maximum rate established for the~~	26735
~~ICF/IID's peer group under division (C) of this section;~~	26736

~~(b) For each fiscal year ending in an odd-numbered calendar~~	26737
~~year, the amount calculated for the immediately preceding fiscal~~	26738
~~year under division (B)(3)(a) of this section.~~	26739

(C)(1) The maximum rate for indirect care costs for each ~~peer~~	26740
~~group of ICFs/IID with more than eight beds~~ICF/IID in peer group	26741
1 shall be determined as follows:	26742

(a) For each fiscal year ending in an even-numbered calendar	26743
year, the maximum rate for ~~each such~~ICFs/IID in peer group 1	26744
shall be the rate that is no less than twelve and four-tenths per	26745
cent above the median desk-reviewed, actual, allowable, per diem	26746
indirect care cost for all ICFs/IID in ~~the~~ peer group 1 (excluding	26747
ICFs/IID in ~~the~~ peer group 1 whose indirect care costs for that	26748
period are more than three standard deviations from the mean	26749
desk-reviewed, actual, allowable, per diem indirect care cost for	26750
all ICFs/IID ~~with more than eight beds~~in peer group 1) for the	26751
calendar year immediately preceding the fiscal year in which the	26752
rate will be paid, adjusted by the inflation rate estimated under	26753
division ~~(D)~~(E)(1) of this section.	26754

(b) For each fiscal year ending in an odd-numbered calendar	26755
year, the maximum rate for ~~each such~~ICFs/IID in peer group 1 is	26756
the ~~peer group's~~ maximum rate for ICFs/IID in peer group 1 for the	26757
previous fiscal year, adjusted for the inflation rate estimated	26758
under division ~~(D)~~(E)(2) of this section.	26759

(2) The maximum rate for indirect care costs for ~~each peer~~	26760
~~group of~~ ICFs/IID ~~with eight or fewer beds~~in peer group 2 or peer	26761
group 3 shall be determined as follows:	26762

(a) For each fiscal year ending in an even-numbered calendar	26763
year, the maximum rate for ~~each such~~ICFs/IID in peer group 2 or	26764
peer group 3 shall be the rate that is no less than ten and	26765
three-tenths per cent above the median desk-reviewed, actual,	26766
allowable, per diem indirect care cost for all ICFs/IID in ~~the~~	26767
peer group 2 or peer group 3 (excluding ICFs/IID in ~~the~~ peer group	26768
2 or peer group 3 whose indirect care costs are more than three	26769
standard deviations from the mean desk-reviewed, actual,	26770
allowable, per diem indirect care cost for all ICFs/IID ~~with eight~~	26771
~~or fewer beds~~in peer group 2 or peer group 3) for the calendar	26772
year immediately preceding the fiscal year in which the rate will	26773
be paid, adjusted by the inflation rate estimated under division	26774
~~(D)~~(E)(1) of this section.	26775

(b) For each fiscal year ending in an odd-numbered calendar	26776
year, the maximum rate for ~~each such~~ICFs/IID in peer group 2 or	26777
peer group 3 is the ~~peer group's~~ maximum rate for ICFs/IID in peer	26778
group 2 or peer group 3 for the previous fiscal year, adjusted for	26779
the inflation rate estimated under division ~~(D)~~(E)(2) of this	26780
section.	26781

(3) The department shall not redetermine a maximum rate for	26782
indirect care costs under division (C)(1) or (2) of this section	26783
based on additional information that it receives after the maximum	26784
rate is set. The department shall redetermine the maximum rate for	26785
indirect care costs only if it made an error in computing the	26786
maximum rate based on the information available to the department	26787
at the time of the original calculation.	26788

(D)(1) The efficiency incentive for an ICF/IID in peer group	26789
1 shall not exceed the following:	26790

(a) For fiscal year 2014, seven and one-tenth per cent of the	26791
maximum rate established for ICFs/IID in peer group 1 under	26792
division (C) of this section;	26793

(b) For fiscal year 2015, the following amount:

26794

(i) The amount calculated for fiscal year 2014 under division	26795
(D)(1)(a) of this section if the provider of the ICF/IID obtains	26796
the department's approval to become a downsized ICF/IID and the	26797
approval is conditioned on the downsizing being completed not	26798
later than July 1, 2018;	26799

(ii) One-half of the amount calculated for fiscal year 2014	26800
under division (D)(1)(a) of this section if division (D)(1)(b)(i)	26801
of this section does not apply to the ICF/IID.	26802

(c) For fiscal year 2016 and each fiscal year thereafter	26803
ending in an even-numbered calendar year, the following	26804
percentages of the maximum rate established for ICFs/IID in peer	26805
group 1 under division (C) of this section:	26806

(i) Seven and one-tenth per cent if the provider of the	26807
ICF/IID obtains the department's approval to become a downsized	26808
ICF/IID and the approval is conditioned on the downsizing being	26809
completed not later than July 1, 2018;	26810

(ii) Three and fifty-five hundredths per cent if division	26811
(D)(1)(c)(i) of this section does not apply to the ICF/IID.	26812

(d) For fiscal year 2017 and each fiscal year thereafter	26813
ending in an odd-numbered calendar year, the amount calculated for	26814
the immediately preceding fiscal year under division (D)(1)(c) of	26815
this section.	26816

(2) The efficiency incentive for an ICF/IID in peer group 2	26817
or peer group 3 shall not exceed the following:	26818

(a) For each fiscal year ending in an even-numbered calendar	26819
year, seven per cent of the maximum rate established for ICFs/IID	26820
in peer group 2 or peer group 3 under division (C) of this	26821
section;	26822

(b) For each fiscal year ending in an odd-numbered calendar	26823
year, the amount calculated for the immediately preceding fiscal	26824
year under division (D)(2)(a) of this section.	26825

(E)(1) When adjusting rates for inflation under divisions	26826
(B)(1), (C)(1)(a), and (C)(2)(a) of this section, the department	26827
shall estimate the rate of inflation for the eighteen-month period	26828
beginning on the first day of July of the calendar year	26829
immediately preceding the fiscal year in which the rate will be	26830
paid and ending on the thirty-first day of December of the fiscal	26831
year in which the rate will be paid. To estimate the rate of	26832
inflation, the department shall use the following:	26833

(a) Subject to division ~~(D)~~(E)(1)(b) of this section, the	26834
consumer price index for all items for all urban consumers for the	26835
midwest region, published by the United States bureau of labor	26836
statistics;	26837

(b) If the United States bureau of labor statistics ceases to	26838
publish the index specified in division ~~(D)~~(E)(1)(a) of this	26839
section, a comparable index that the bureau publishes and the	26840
department determines is appropriate.	26841

(2) When adjusting rates for inflation under divisions	26842
(C)(1)(b) and (C)(2)(b) of this section, the department shall	26843
estimate the rate of inflation for the twelve-month period	26844
beginning on the first day of January of the fiscal year	26845
immediately preceding the fiscal year in which the rate will be	26846
paid and ending on the thirty-first day of December of the fiscal	26847
year in which the rate will be paid. To estimate the rate of	26848
inflation, the department shall use the following:	26849

(a) Subject to division ~~(D)~~(E)(2)(b) of this section, the	26850
consumer price index for all items for all urban consumers for the	26851
midwest region, published by the United States bureau of labor	26852
statistics;	26853

(b) If the United States bureau of labor statistics ceases to	26854
publish the index specified in division ~~(D)~~(E)(2)(a) of this	26855
section, a comparable index that the bureau publishes and the	26856
department determines is appropriate.	26857

(3) If an inflation rate estimated under division ~~(D)~~(E)(1)	26858
or (2) of this section is different from the actual inflation rate	26859
for the relevant time period, as measured using the same index,	26860
the difference shall be added to or subtracted from the inflation	26861
rate estimated pursuant to this division for the following fiscal	26862
year.	26863

~~(E) The director of developmental disabilities shall adopt~~	26864
~~rules under section 5124.03 of the Revised Code that specify peer~~	26865
~~groups of ICFs/IID with more than eight beds and peer groups of~~	26866
~~ICFs/IID with eight or fewer beds, based on findings of~~	26867
~~significant per diem indirect care cost differences due to~~	26868
~~geography and bed-size. The rules also may specify peer groups~~	26869
~~based on findings of significant per diem indirect care cost~~	26870
~~differences due to other factors, including case-mix.~~	26871

Sec. 5124.28. Notwithstanding any provision of section	26872
5124.17 or 5124.21 of the Revised Code, the director of	26873
developmental disabilities may adopt rules under section 5124.03	26874
of the Revised Code that provide for the determination of a	26875
combined maximum payment limit for indirect care costs and costs	26876
of ownership for ICFs/IID ~~with eight or fewer beds~~in peer group	26877
2.	26878

Sec. 5124.38. (A) The director of developmental disabilities	26879
shall establish a process under which an ICF/IID provider, or a	26880
group or association of ICF/IID providers, may seek	26881
reconsideration of medicaid payment rates established under this	26882
chapter, including a rate for direct care costs redetermined	26883
before the effective date of the rate as a result of an exception	26884
review conducted under section 5124.193 of the Revised Code.	26885
Except as provided in divisions (B) to (D) of this section, the	26886
only issue that a provider, group, or association may raise in the	26887
rate reconsideration is whether the rate was calculated in	26888
accordance with this chapter and the rules adopted under section	26889
5124.03 of the Revised Code. The provider, group, or association	26890
may submit written arguments or other materials that support its	26891
position. The provider, group, or association and department shall	26892
take actions regarding the rate reconsideration within time frames	26893
specified in rules authorized by this section.	26894

If the department determines, as a result of the rate	26895
reconsideration, that the rate established for one or more	26896
ICFs/IID is less than the rate to which the ICF/IID is entitled,	26897
the department shall increase the rate. If the department has paid	26898
the incorrect rate for a period of time, the department shall pay	26899
the provider of the ICF/IID the difference between the amount the	26900
provider was paid for that period for the ICF/IID and the amount	26901
the provider should have been paid for the ICF/IID.	26902

(B)(1) The department, through the rate reconsideration	26903
process, may increase during a fiscal year the medicaid payment	26904
rate determined for an ICF/IID under this chapter if the provider	26905
demonstrates that the ICF/IID's actual, allowable costs have	26906
increased because of any of the following extreme circumstances:	26907

(a) A natural disaster;

26908

(b) A nonextensive renovation approved under division ~~(D)~~(E)	26909
of section 5124.17 of the Revised Code;	26910

(c) If the ICF/IID has an appropriate claims management	26911
program, an increase in the ICF/IID's workers' compensation	26912
experience rating of greater than five per cent;	26913

(d) If the ICF/IID is an inner-city ICF/IID, increased	26914
security costs;	26915

(e) A change of ownership that results from bankruptcy,	26916
foreclosure, or findings by the department of health of violations	26917
of medicaid certification requirements;	26918

(f) Other extreme circumstances specified in rules authorized	26919
by this section.	26920

(2) An ICF/IID may qualify for a rate increase under this	26921
division only if its per diem, actual, allowable costs have	26922
increased to a level that exceeds its total rate. An increase	26923
under this division is subject to any rate limitations or maximum	26924
rates established by this chapter for specific cost centers. Any	26925
rate increase granted under this division shall take effect on the	26926
first day of the first month after the department receives the	26927
request.	26928

(C) The department, through the rate reconsideration process,	26929
may increase an ICF/IID's rate as determined under this chapter if	26930
the department, in the department's sole discretion, determines	26931
that the rate as determined under those sections works an extreme	26932
hardship on the ICF/IID.	26933

(D) When beds certified for the medicaid program are added to	26934
an existing ICF/IID or replaced at the same site, the department,	26935
through the rate reconsideration process, may increase the	26936
ICF/IID's rate for capital costs proportionately, as limited by	26937
any applicable limitation under section 5124.17 of the Revised	26938
Code, to account for the costs of the beds that are added or	26939
replaced. If the department makes this increase, it shall make the	26940
increase one month after the first day of the month after the	26941
department receives sufficient documentation of the costs. Any	26942
rate increase granted under this division after June 30, 1993,	26943
shall remain in effect until the effective date of a rate for	26944
capital costs determined under section 5124.17 of the Revised Code	26945
that includes costs incurred for a full calendar year for the bed	26946
addition or bed replacement. The ICF/IID shall report double	26947
accumulated depreciation in an amount equal to the depreciation	26948
included in the rate adjustment on its cost report for the first	26949
year of operation. During the term of any loan used to finance a	26950
project for which a rate adjustment is granted under this	26951
division, if the ICF/IID is operated by the same provider, the	26952
provider shall subtract from the interest costs it reports on its	26953
cost report an amount equal to the difference between the	26954
following:	26955

(1) The actual, allowable interest costs for the loan during	26956
the calendar year for which the costs are being reported;	26957

(2) The actual, allowable interest costs attributable to the	26958
loan that were used to calculate the rates paid to the provider	26959
for the ICF/IID during the same calendar year.	26960

(E) The department's decision at the conclusion of the	26961
reconsideration process is not subject to any administrative	26962
proceedings under Chapter 119. or any other provision of the	26963
Revised Code.	26964

(F) The director of developmental disabilities shall adopt	26965
rules under section 5124.03 of the Revised Code as necessary to	26966
implement this section.	26967

Sec. 5124.60. (A) For the purpose of increasing the number	26968
of slots available for home and community-based services ~~and~~	26969
~~subject to sections 5124.63 and 5124.64 of the Revised Code~~, the	26970
operator of an ICF/IID may convert some or all of the beds in the	26971
ICF/IID from providing ICF/IID services to providing home and	26972
community-based services if all of the following requirements are	26973
met:	26974

(1) The operator provides the directors of health and	26975
developmental disabilities at least ninety days' notice of the	26976
operator's intent to make the conversion.	26977

(2) The operator complies with the requirements of sections	26978
5124.50 to 5124.53 of the Revised Code regarding a voluntary	26979
termination if those requirements are applicable.	26980

(3) If the operator intends to convert all of the ICF/IID's	26981
beds, the operator notifies each of the ICF/IID's residents that	26982
the ICF/IID is to cease providing ICF/IID services and inform each	26983
resident that the resident may do either of the following:	26984

(a) Continue to receive ICF/IID services by transferring to	26985
another ICF/IID that is willing and able to accept the resident if	26986
the resident continues to qualify for ICF/IID services;	26987

(b) Begin to receive home and community-based services	26988
instead of ICF/IID services from any provider of home and	26989
community-based services that is willing and able to provide the	26990
services to the resident if the resident is eligible for the	26991
services and a slot for the services is available to the resident.	26992

(4) If the operator intends to convert some but not all of	26993
the ICF/IID's beds, the operator notifies each of the ICF/IID's	26994
residents that the ICF/IID is to convert some of its beds from	26995
providing ICF/IID services to providing home and community-based	26996
services and inform each resident that the resident may do either	26997
of the following:	26998

(a) Continue to receive ICF/IID services from any ICF/IID	26999
that is willing and able to provide the services to the resident	27000
if the resident continues to qualify for ICF/IID services;	27001

(b) Begin to receive home and community-based services	27002
instead of ICF/IID services from any provider of home and	27003
community-based services that is willing and able to provide the	27004
services to the resident if the resident is eligible for the	27005
services and a slot for the services is available to the resident.	27006

(5) The operator meets the requirements for providing home	27007
and community-based services, including the following:	27008

(a) Such requirements applicable to a residential facility if	27009
the operator maintains the facility's license as a residential	27010
facility;	27011

(b) Such requirements applicable to a facility that is not	27012
licensed as a residential facility if the operator surrenders the	27013
facility's license as a residential facility under section 5123.19	27014
of the Revised Code.	27015

(6) The director of developmental disabilities approves the	27016
conversion.	27017

(B) A decision by the director of developmental disabilities	27018
to approve or refuse to approve a proposed conversion of beds is	27019
final. In making a decision, the director shall consider all of	27020
the following:	27021

(1) The fiscal impact on the ICF/IID if some but not all of	27022
the beds are converted;	27023

(2) The fiscal impact on the medicaid program;

27024

(3) The availability of home and community-based services.

27025

(C) The notice provided to the directors under division	27026
(A)(1) of this section shall specify whether some or all of the	27027
ICF/IID's beds are to be converted. If some but not all of the	27028
beds are to be converted, the notice shall specify how many of the	27029
ICF/IID's beds are to be converted and how many of the beds are to	27030
continue to provide ICF/IID services. The notice to the director	27031
of developmental disabilities shall specify whether the operator	27032
wishes to surrender the ICF/IID's license as a residential	27033
facility under section 5123.19 of the Revised Code.	27034

(D)(1) If the director of developmental disabilities approves	27035
a conversion under division (B) of this section, the director of	27036
health shall do the following:	27037

(a) Terminate the ICF/IID's medicaid certification if the	27038
notice specifies that all of the ICF/IID's beds are to be	27039
converted;	27040

(b) Reduce the ICF/IID's medicaid-certified capacity by the	27041
number of beds being converted if the notice specifies that some	27042
but not all of the beds are to be converted.	27043

(2) The director of health shall notify the medicaid director	27044
of the termination or reduction. On receipt of the notice, the	27045
medicaid director shall do the following:	27046

(a) Terminate the operator's medicaid provider agreement that	27047
authorizes the operator to provide ICF/IID services at the ICF/IID	27048
if the ICF/IID's certification was terminated;	27049

(b) Amend the operator's medicaid provider agreement to	27050
reflect the ICF/IID's reduced medicaid-certified capacity if the	27051
ICF/IID's medicaid-certified capacity is reduced.	27052

(3) In the case of action taken under division (D)(2)(a) of	27053
this section, the operator is not entitled to notice or a hearing	27054
under Chapter 119. of the Revised Code before the medicaid	27055
director terminates the medicaid provider agreement.	27056

Sec. 5124.61. (A) For the purpose of increasing the number of	27057
slots available for home and community-based services ~~and subject~~	27058
~~to sections 5124.63 and 5124.64 of the Revised Code~~, a person who	27059
acquires, through a request for proposals issued by the director	27060
of developmental disabilities, an ICF/IID for which a residential	27061
facility license was previously surrendered or revoked may convert	27062
some or all of the ICF/IID's beds from providing ICF/IID services	27063
to providing home and community-based services if all of the	27064
following requirements are met:	27065

(1) The person provides the directors of health and	27066
developmental disabilities and medicaid director at least ninety	27067
days' notice of the person's intent to make the conversion.	27068

(2) The person complies with the requirements of sections	27069
5124.50 to 5124.53 of the Revised Code regarding a voluntary	27070
termination if those requirements are applicable.	27071

(3) If the person intends to convert all of the ICF/IID's	27072
beds, the person notifies each of the ICF/IID's residents that the	27073
ICF/IID is to cease providing ICF/IID services and informs each	27074
resident that the resident may do either of the following:	27075

(a) Continue to receive ICF/IID services by transferring to	27076
another ICF/IID willing and able to accept the resident if the	27077
resident continues to qualify for ICF/IID services;	27078

(b) Begin to receive home and community-based services	27079
instead of ICF/IID services from any provider of home and	27080
community-based services that is willing and able to provide the	27081
services to the resident if the resident is eligible for the	27082
services and a slot for the services is available to the resident.	27083

(4) If the person intends to convert some but not all of the	27084
ICF/IID's beds, the person notifies each of the ICF/IID's	27085
residents that the ICF/IID is to convert some of its beds from	27086
providing ICF/IID services to providing home and community-based	27087
services and inform each resident that the resident may do either	27088
of the following:	27089

(a) Continue to receive ICF/IID services from any that is	27090
willing and able to provide the services to the resident if the	27091
resident continues to qualify for ICF/IID services;	27092

(b) Begin to receive home and community-based services	27093
instead of ICF/IID services from any provider of home and	27094
community-based services that is willing and able to provide the	27095
services to the resident if the resident is eligible for the	27096
services and a slot for the services is available to the resident.	27097

(5) The person meets the requirements for providing home and	27098
community-based services at a residential facility.	27099

(B) The notice provided to the directors under division	27100
(A)(1) of this section shall specify whether some or all of the	27101
ICF/IID's beds are to be converted. If some but not all of the	27102
beds are to be converted, the notice shall specify how many of the	27103
ICF/IID's beds are to be converted and how many of the beds are to	27104
continue to provide ICF/IID services.	27105

(C) On receipt of a notice under division (A)(1) of this	27106
section, the director of health shall do the following:	27107

(1) Terminate the ICF/IID's medicaid certification if the	27108
notice specifies that all of the facility's beds are to be	27109
converted;	27110

(2) Reduce the ICF/IID's medicaid-certified capacity by the	27111
number of beds being converted if the notice specifies that some	27112
but not all of the beds are to be converted.	27113

(D) The director of health shall notify the medicaid director	27114
of the termination or reduction under division (C) of this	27115
section. On receipt of the director of health's notice, the	27116
medicaid director shall do the following:	27117

(1) Terminate the person's medicaid provider agreement that	27118
authorizes the person to provide ICF/IID services at the ICF/IID	27119
if the ICF/IID's medicaid certification was terminated;	27120

(2) Amend the person's medicaid provider agreement to reflect	27121
the ICF/IID's reduced medicaid-certified capacity if the ICF/IID's	27122
medicaid-certified capacity is reduced.	27123

The person is not entitled to notice or a hearing under	27124
Chapter 119. of the Revised Code before the medicaid director	27125
terminates or amends the medicaid provider agreement.	27126

Sec. 5124.62. ~~Subject to section 5124.63 of the Revised~~	27127
~~Code, the~~The director of developmental disabilities may request	27128
that the medicaid director seek the approval of the United States	27129
secretary of health and human services to increase the number of	27130
slots available for home and community-based services by a number	27131
not exceeding the number of beds that were part of the licensed	27132
capacity of a residential facility that had its license revoked or	27133
surrendered under section 5123.19 of the Revised Code if the	27134
residential facility was an ICF/IID at the time of the license	27135
revocation or surrender. ~~The revocation or surrender may have~~	27136
~~occurred before, or may occur on or after, June 24, 2008.~~ The	27137
request may include beds the director of developmental	27138
disabilities removed from such a residential facility's licensed	27139
capacity before transferring ownership or operation of the	27140
residential facility pursuant to a request for proposals.	27141

Sec. 5124.67. (A)(1) The department of developmental	27142
disabilities shall strive to achieve, not later than July 1, 2018,	27143
the following statewide reductions in ICF/IID beds:	27144

~~(1)~~(a) At least five hundred ~~and not more than six hundred~~	27145
beds in ICFs/IID that, before becoming downsized ICFs/IID, have	27146
sixteen or more beds;	27147

~~(2)~~(b) At least five hundred ~~and not more than six hundred~~	27148
beds in ICFs/IID with any number of beds that convert some or all	27149
of their beds from providing ICF/IID services to providing home	27150
and community-based services pursuant to section 5124.60 or	27151
5124.61 of the Revised Code.	27152

(2) The department shall strive to achieve a reduction of at	27153
least one thousand two hundred ICF/IID beds through a combination	27154
of the methods specified in divisions (A)(1)(a) and (b) of this	27155
section.	27156

(B) In its efforts to achieve the reductions under division	27157
(A) of this section, the department shall collaborate with the	27158
Ohio association of county boards serving people with	27159
developmental disabilities, the Ohio provider resource	27160
association, the Ohio centers for intellectual disabilities formed	27161
by the Ohio health care association, and the values and faith	27162
alliance. The collaboration efforts may include the following:	27163

(1) Identifying ICFs/IID that may reduce the number of their	27164
beds to help achieve the reductions under division (A) of this	27165
section;	27166

(2) Encouraging ICF/IID providers to reduce the number of	27167
their ICFs/IID's beds;	27168

(3) Establishing interim time frames for making progress in	27169
achieving the reductions;	27170

(4) Creating incentives for, and removing impediments to, the	27171
reductions;	27172

(5) In the case of ICF/IID beds that are converted to	27173
providing home and community-based services, developing a	27174
mechanism to compensate providers for beds that permanently cease	27175
to provide ICF/IID services.	27176

(C) The department shall meet not less than twice each year	27177
with the organizations specified in division (B) of this section	27178
to do all of the following:	27179

(1) Review the progress being made in achieving the	27180
reductions under division (A) of this section;	27181

(2) Prepare written reports on the progress;

27182

(3) Identify additional measures needed to achieve the	27183
reductions.	27184

Sec. 5126.01. As used in this chapter:

27185

(A) As used in this division, "adult" means an individual who	27186
is eighteen years of age or over and not enrolled in a program or	27187
service under Chapter 3323. of the Revised Code and an individual	27188
sixteen or seventeen years of age who is eligible for adult	27189
services under rules adopted by the director of developmental	27190
disabilities pursuant to Chapter 119. of the Revised Code.	27191

(1) "Adult services" means services provided to an adult	27192
outside the home, except when they are provided within the home	27193
according to an individual's assessed needs and identified in an	27194
individual service plan, that support learning and assistance in	27195
the area of self-care, sensory and motor development,	27196
socialization, daily living skills, communication, community	27197
living, social skills, or vocational skills.	27198

(2) "Adult services" includes all of the following:

27199

(a) Adult day habilitation services;

27200

(b) ~~Adult day care;~~

27201

~~(c) Prevocational~~Employment services;

27202

~~(d) Sheltered employment;~~

27203

~~(e)~~(c) Educational experiences and training obtained through	27204
entities and activities that are not expressly intended for	27205
individuals with mental retardation and developmental	27206
disabilities, including trade schools, vocational or technical	27207
schools, adult education, job exploration and sampling, unpaid	27208
work experience in the community, volunteer activities, and	27209
spectator sports;	27210

~~(f) Community employment services and supported employment~~	27211
~~services~~.	27212

(B)(1) "Adult day habilitation services" means adult services	27213
that do the following:	27214

(a) Provide access to and participation in typical activities	27215
and functions of community life that are desired and chosen by the	27216
general population, including such activities and functions as	27217
opportunities to experience and participate in community	27218
exploration, companionship with friends and peers, leisure	27219
activities, hobbies, maintaining family contacts, community	27220
events, and activities where individuals without disabilities are	27221
involved;	27222

(b) Provide supports or a combination of training and	27223
supports that afford an individual a wide variety of opportunities	27224
to facilitate and build relationships and social supports in the	27225
community.	27226

(2) "Adult day habilitation services" includes all of the	27227
following:	27228

(a) Personal care services needed to ensure an individual's	27229
ability to experience and participate in vocational services,	27230
educational services, community activities, and any other adult	27231
day habilitation services;	27232

(b) Skilled services provided while receiving adult day	27233
habilitation services, including such skilled services as behavior	27234
management intervention, occupational therapy, speech and language	27235
therapy, physical therapy, and nursing services;	27236

(c) Training and education in self-determination designed to	27237
help the individual do one or more of the following: develop	27238
self-advocacy skills, exercise the individual's civil rights,	27239
acquire skills that enable the individual to exercise control and	27240
responsibility over the services received, and acquire skills that	27241
enable the individual to become more independent, integrated, or	27242
productive in the community;	27243

(d) Recreational and leisure activities identified in the	27244
individual's service plan as therapeutic in nature or assistive in	27245
developing or maintaining social supports;	27246

~~(e) Counseling and assistance provided to obtain housing,~~	27247
~~including such counseling as identifying options for either rental~~	27248
~~or purchase, identifying financial resources, assessing needs for~~	27249
~~environmental modifications, locating housing, and planning for~~	27250
~~ongoing management and maintenance of the housing selected;~~	27251

~~(f)~~(e) Transportation necessary to access adult day	27252
habilitation services;	27253

~~(g)~~(f) Habilitation management, as described in section	27254
5126.14 of the Revised Code.	27255

(3) "Adult day habilitation services" does not include	27256
activities that are components of the provision of residential	27257
services, family support services, or supported living services.	27258

27259

(1) In the case of a member of a county board of	27260
developmental disabilities appointed by, or to be appointed by, a	27261
board of county commissioners, the board of county commissioners;	27262

(2) In the case of a member of a county board appointed by,	27263
or to be appointed by, a senior probate judge, the senior probate	27264
judge.	27265

(D) "Community employment," "competitive employment," and	27266
"integrated setting" have the same meanings as in section 5123.022	27267
of the Revised Code.	27268

(E) "Supported employment services" means vocational	27269
assessment, job training and coaching, job development and	27270
placement, worksite accessibility, and other services related to	27271
employment outside a sheltered workshop. "Supported employment	27272
services" includes both of the following:	27273

(1) Job training resulting in the attainment of community	27274
employment, supported work in a typical work environment, or	27275
self-employment;	27276

(2) Support for ongoing community employment, supported work	27277
at community-based sites, or self-employment.	27278

(F) As used in this division, ~~"substantial functional~~	27279
~~limitation,"~~ "developmental delay," ~~and "established risk" have~~	27280
has the ~~meanings~~meaning established pursuant to section 5123.011	27281
of the Revised Code.	27282

"Developmental disability" means a severe, chronic disability	27283
that is characterized by all of the following:	27284

(1) It is attributable to a mental or physical impairment or	27285
a combination of mental and physical impairments, other than a	27286
mental or physical impairment solely caused by mental illness as	27287
defined in division (A) of section 5122.01 of the Revised Code;	27288

(2) It is manifested before age twenty-two;

27289

(3) It is likely to continue indefinitely;

27290

(4) It results in one of the following:

27291

(a) In the case of a person under age three, at least one	27292
developmental delay or ~~an established risk~~a diagnosed physical or	27293
mental condition that has a high probability of resulting in a	27294
developmental delay;	27295

(b) In the case of a person at least age three but under age	27296
six, at least two developmental delays ~~or an established risk~~;	27297

(c) In the case of a person age six or older, a substantial	27298
functional limitation in at least three of the following areas of	27299
major life activity, as appropriate for the person's age:	27300
self-care, receptive and expressive language, learning, mobility,	27301
self-direction, capacity for independent living, and, if the	27302
person is at least age sixteen, capacity for economic	27303
self-sufficiency.	27304

(5) It causes the person to need a combination and sequence	27305
of special, interdisciplinary, or other type of care, treatment,	27306
or provision of services for an extended period of time that is	27307
individually planned and coordinated for the person.	27308

(G) "Early childhood services" means a planned program of	27309
habilitation designed to meet the needs of individuals with mental	27310
retardation or other developmental disabilities who have not	27311
attained compulsory school age.	27312

(H) "Employment services" means prevocational services or	27313
supported employment services.	27314

(I)(1) "Environmental modifications" means the physical	27315
adaptations to an individual's home, specified in the individual's	27316
service plan, that are necessary to ensure the individual's	27317
health, safety, and welfare or that enable the individual to	27318
function with greater independence in the home, and without which	27319
the individual would require institutionalization.	27320

(2) "Environmental modifications" includes such adaptations	27321
as installation of ramps and grab-bars, widening of doorways,	27322
modification of bathroom facilities, and installation of	27323
specialized electric and plumbing systems necessary to accommodate	27324
the individual's medical equipment and supplies.	27325

(3) "Environmental modifications" does not include physical	27326
adaptations or improvements to the home that are of general	27327
utility or not of direct medical or remedial benefit to the	27328
individual, including such adaptations or improvements as	27329
carpeting, roof repair, and central air conditioning.	27330

(J) "Family support services" means the services provided	27331
under a family support services program operated under section	27332
5126.11 of the Revised Code.	27333

(K) "Habilitation" means the process by which the staff of	27334
the facility or agency assists an individual with mental	27335
retardation or other developmental disability in acquiring and	27336
maintaining those life skills that enable the individual to cope	27337
more effectively with the demands of the individual's own person	27338
and environment, and in raising the level of the individual's	27339
personal, physical, mental, social, and vocational efficiency.	27340
Habilitation includes, but is not limited to, programs of formal,	27341
structured education and training.	27342

(L) "Home and community-based services" has the same meaning	27343
as in section 5123.01 of the Revised Code.	27344

(M) "ICF/IID" has the same meaning as in section 5124.01 of	27345
the Revised Code.	27346

(N) "Immediate family" means parents, grandparents, brothers,	27347
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	27348
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	27349
daughters-in-law.	27350

(O) "Medicaid case management services" means case management	27351
services provided to an individual with mental retardation or	27352
other developmental disability that the state medicaid plan	27353
requires.	27354

(P) "Mental retardation" means a mental impairment manifested	27355
during the developmental period characterized by significantly	27356
subaverage general intellectual functioning existing concurrently	27357
with deficiencies in the effectiveness or degree with which an	27358
individual meets the standards of personal independence and social	27359
responsibility expected of the individual's age and cultural	27360
group.	27361

(Q) "Prevocational services" means services~~, including~~	27362
~~services as a volunteer,~~ that provide learning and work	27363
experiences, including volunteer work experiences, from which an	27364
individual can develop general strengths and skills that are not	27365
specific to a particular task or job but contribute to	27366
employability in community employment, supported work at	27367
community-based sites, or self-employment.	27368

(R) "Residential services" means services to individuals with	27369
mental retardation or other developmental disabilities to provide	27370
housing, food, clothing, habilitation, staff support, and related	27371
support services necessary for the health, safety, and welfare of	27372
the individuals and the advancement of their quality of life.	27373
"Residential services" includes program management, as described	27374
in section 5126.14 of the Revised Code.	27375

(S) "Resources" means available capital and other assets,	27376
including moneys received from the federal, state, and local	27377
governments, private grants, and donations; appropriately	27378
qualified personnel; and appropriate capital facilities and	27379
equipment.	27380

(T) "Senior probate judge" means the current probate judge of	27381
a county who has served as probate judge of that county longer	27382
than any of the other current probate judges of that county. If a	27383
county has only one probate judge, "senior probate judge" means	27384
that probate judge.	27385

(U) "Service and support administration" means the duties	27386
performed by a service and support administrator pursuant to	27387
section 5126.15 of the Revised Code.	27388

(V)(1) "Specialized medical, adaptive, and assistive	27389
equipment, supplies, and supports" means equipment, supplies, and	27390
supports that enable an individual to increase the ability to	27391
perform activities of daily living or to perceive, control, or	27392
communicate within the environment.	27393

(2) "Specialized medical, adaptive, and assistive equipment,	27394
supplies, and supports" includes the following:	27395

(a) Eating utensils, adaptive feeding dishes, plate guards,	27396
mylatex straps, hand splints, reaches, feeder seats, adjustable	27397
pointer sticks, interpreter services, telecommunication devices	27398
for the deaf, computerized communications boards, other	27399
communication devices, support animals, veterinary care for	27400
support animals, adaptive beds, supine boards, prone boards,	27401
wedges, sand bags, sidelayers, bolsters, adaptive electrical	27402
switches, hand-held shower heads, air conditioners, humidifiers,	27403
emergency response systems, folding shopping carts, vehicle lifts,	27404
vehicle hand controls, other adaptations of vehicles for	27405
accessibility, and repair of the equipment received.	27406

(b) Nondisposable items not covered by medicaid that are	27407
intended to assist an individual in activities of daily living or	27408
instrumental activities of daily living.	27409

(W) "Supportive home services" means a range of services to	27410
families of individuals with mental retardation or other	27411
developmental disabilities to develop and maintain increased	27412
acceptance and understanding of such persons, increased ability of	27413
family members to teach the person, better coordination between	27414
school and home, skills in performing specific therapeutic and	27415
management techniques, and ability to cope with specific	27416
situations.	27417

(X)(1) "Supported living" means services provided for as long	27418
as twenty-four hours a day to an individual with mental	27419
retardation or other developmental disability through any public	27420
or private resources, including moneys from the individual, that	27421
enhance the individual's reputation in community life and advance	27422
the individual's quality of life by doing the following:	27423

(a) Providing the support necessary to enable an individual	27424
to live in a residence of the individual's choice, with any number	27425
of individuals who are not disabled, or with not more than three	27426
individuals with mental retardation and developmental disabilities	27427
unless the individuals are related by blood or marriage;	27428

(b) Encouraging the individual's participation in the	27429
community;	27430

27431

(d) Assisting the individual in acquiring, retaining, and	27432
improving the skills and competence necessary to live successfully	27433
in the individual's residence.	27434

(2) "Supported living" includes the provision of all of the	27435
following:	27436

(a) Housing, food, clothing, habilitation, staff support,	27437
professional services, and any related support services necessary	27438
to ensure the health, safety, and welfare of the individual	27439
receiving the services;	27440

(b) A combination of lifelong or extended-duration	27441
supervision, training, and other services essential to daily	27442
living, including assessment and evaluation and assistance with	27443
the cost of training materials, transportation, fees, and	27444
supplies;	27445

27446

(d) Household maintenance that does not include modifications	27447
to the physical structure of the residence;	27448

(e) Respite care services;

27449

(f) Program management, as described in section 5126.14 of	27450
the Revised Code.	27451

Sec. 5126.02. (A) Each county shall have its own county	27452
board of developmental disabilities. Subject to division (B) of	27453
this section:	27454

(1) A county board shall be operated as a separate	27455
administrative and service entity.	27456

(2) The functions of a county board shall not be combined	27457
with the functions of any other entity of county government.	27458

(B) Division (A) of this section does not prohibit or	27459
restrict any county board from sharing administrative functions or	27460
personnel with one or more other county boards, including entering	27461
into an arrangement authorized by division (B) of section	27462
5126.0219 of the Revised Code or an agreement with one or more	27463
other county boards to share the services of any employee.	27464

Sec. 5126.022. When making appointments to a county board of	27465
developmental disabilities, an appointing authority shall do all	27466
of the following:	27467

(A) Appoint only individuals who are residents of the county	27468
the appointing authority serves, citizens of the United States,	27469
and interested and knowledgeable in the field of mental	27470
retardation and other allied fields;	27471

(B) If the appointing authority is a board of county	27472
commissioners, appoint at least two individuals who are eligible	27473
for services provided by the county board or are immediate family	27474
members of such individuals ~~eligible for services provided by the~~	27475
~~county board and~~. The board of county commissioners shall,	27476
whenever possible, ensure that one of those two members is an	27477
individual eligible for adult services or an immediate family	27478
member of an individual eligible for adult services and the other	27479
is an immediate family member of an individual eligible for early	27480
intervention services or services for preschool or school-age	27481
children;	27482

(C) If the appointing authority is a senior probate judge,	27483
appoint at least one individual who is an immediate family member	27484
of an individual eligible for residential services or supported	27485
living;	27486

(D) Appoint, to the maximum extent possible, individuals who	27487
have professional training and experience in business management,	27488
finance, law, health care practice, personnel administration, or	27489
government service;	27490

(E) Provide for the county board's membership to reflect, as	27491
nearly as possible, the composition of the county that the county	27492
board serves.	27493

Sec. 5126.0219. (A) Each county board of developmental	27494
disabilities shall either employ a superintendent or obtain the	27495
services of the superintendent of another county board of	27496
developmental disabilities. The board shall provide for a	27497
superintendent who is qualified, as specified in rules adopted by	27498
the department of developmental disabilities in accordance with	27499
Chapter 119. of the Revised Code. The superintendent shall have no	27500
voting privileges on the board.	27501

If the superintendent position becomes vacant, the county	27502
board first shall consider entering into an agreement with another	27503
county board for the sharing of a superintendent under division	27504
(B) of this section. If the county board determines there are no	27505
significant efficiencies or it is impractical to share a	27506
superintendent, the county board may employ a superintendent in	27507
accordance with this section to fill the vacancy.	27508

The board shall prescribe the duties of its superintendent	27509
and review the superintendent's performance. The superintendent	27510
may be removed, suspended, or demoted for cause pursuant to	27511
section 5126.23 of the Revised Code. The board shall fix the	27512
superintendent's compensation and reimburse the superintendent for	27513
actual and necessary expenses.	27514

Each county board that employs its own superintendent shall	27515
employ the superintendent under a contract. To enter into a	27516
contract, the board shall adopt a resolution agreeing to the	27517
contract. Each contract for employment or re-employment of a	27518
superintendent shall be for a term of not less than one and not	27519
more than five years. At the expiration of a superintendent's	27520
current term of employment, the superintendent may be re-employed.	27521
If the board intends not to re-employ the superintendent, the	27522
board shall give the superintendent written notification of its	27523
intention. The notice shall be given not less than ninety days	27524
prior to the expiration of the superintendent's contract.	27525

(B) Two or more county boards may enter into an arrangement	27526
under which the superintendent of one county board acts as the	27527
superintendent of another county board. To enter into such an	27528
arrangement, each board shall adopt a resolution agreeing to the	27529
arrangement. The resolutions shall specify the duration of the	27530
arrangement and the contribution each board is to make to the	27531
superintendent's compensation and reimbursement for expenses.	27532

(C) If a vacancy occurs in the position of superintendent, a	27533
county board may appoint a person who holds a valid	27534
superintendent's certificate issued under the rules of the	27535
department to work under a contract for an interim period not to	27536
exceed one hundred eighty days until a permanent superintendent	27537
can be employed or arranged for under division (A) or (B) of this	27538
section. The director of the department may approve additional	27539
periods of time for these types of interim appointments when so	27540
requested by a resolution adopted by a county board, if the	27541
director determines that the additional periods are warranted and	27542
the services of a permanent superintendent are not available.	27543

Sec. 5126.041. (A) As used in this section:

27544

(1) ~~"Biological risk" and "environmental risk" have the~~	27545
~~meanings established pursuant to section 5123.011 of the Revised~~	27546
~~Code.~~	27547

~~(2)~~ "Preschool child with a disability" has the same meaning	27548
as in section 3323.01 of the Revised Code.	27549

~~(3)~~(2) "State institution" means all or part of an	27550
institution under the control of the department of developmental	27551
disabilities pursuant to section 5123.03 of the Revised Code and	27552
maintained for the care, treatment, and training of the mentally	27553
retarded.	27554

(B) Except as provided in division (C) of this section, each	27555
county board of developmental disabilities shall make eligibility	27556
determinations in accordance with the definition of "developmental	27557
disability" in section 5126.01 of the Revised Code. Pursuant to	27558
rules ~~the department of developmental disabilities shall adopt in~~	27559
~~accordance with Chapter 119.~~adopted under section 5123.012 of the	27560
Revised Code, a county board may establish eligibility for	27561
programs and services for ~~either of the following:~~	27562

~~(1) Individuals under age six who have a biological risk or~~	27563
~~environmental risk of a developmental delay;~~	27564

~~(2) Any~~any preschool child with a disability eligible for	27565
services under section 3323.02 of the Revised Code whose	27566
disability is not attributable solely to mental illness as defined	27567
in section 5122.01 of the Revised Code.	27568

(C)(1) A county board shall make determinations of	27569
eligibility for service and support administration in accordance	27570
with rules adopted under section 5126.08 of the Revised Code.	27571

(2) All persons who were eligible for services and enrolled	27572
in programs offered by a county board of developmental	27573
disabilities pursuant to this chapter on July 1, 1991, shall	27574
continue to be eligible for those services and to be enrolled in	27575
those programs as long as they are in need of services.	27576

(3) A person who resided in a state institution on or before	27577
October 29, 1993, is eligible for programs and services offered by	27578
a county board of developmental disabilities, unless the person is	27579
determined by the county board not to be in need of those programs	27580
and services.	27581

(D) A county board shall refer a person who requests but is	27582
not eligible for programs and services offered by the board to	27583
other entities of state and local government or appropriate	27584
private entities that provide services.	27585

(E) Membership of a person on, or employment of a person by,	27586
a county board of developmental disabilities does not affect the	27587
eligibility of any member of that person's family for services	27588
provided by the board or by any entity under contract with the	27589
board.	27590

Sec. 5126.046. (A) Except as otherwise provided by 42 C.F.R.	27591
431.51, an individual with mental retardation or other	27592
developmental disability who is eligible for home and	27593
community-based services has the right to obtain the services from	27594
any provider of the services that is qualified to furnish the	27595
services and is willing to furnish the services to the individual.	27596
A county board of developmental disabilities that has medicaid	27597
local administrative authority under division (A) of section	27598
5126.055 of the Revised Code for home and community-based services	27599
and refuses to permit an individual to obtain home and	27600
community-based services from a qualified and willing provider	27601
shall provide the individual timely notice that the individual may	27602
~~request a hearing~~appeal under section ~~5101.35~~5160.31 of the	27603
Revised Code.	27604

(B) An individual with mental retardation or other	27605
developmental disability who is eligible for nonmedicaid	27606
residential services or nonmedicaid supported living has the right	27607
to obtain the services from any provider of the residential	27608
services or supported living that is qualified to furnish the	27609
residential services or supported living and is willing to furnish	27610
the residential services or supported living to the individual.	27611

(C) The department of developmental disabilities shall make	27612
available to the public on its internet web site an up-to-date	27613
list of all providers of home and community-based services,	27614
nonmedicaid residential services, and nonmedicaid supported	27615
living. County boards shall assist individuals with mental	27616
retardation or other developmental disabilities and the families	27617
of such individuals access the list on the department's internet	27618
web site.	27619

(D) The director of developmental disabilities shall adopt	27620
rules in accordance with Chapter 119. of the Revised Code	27621
governing the implementation of this section. The rules shall	27622
include procedures for individuals to choose their providers. ~~The~~	27623
~~rules shall not be limited by a provider selection system~~	27624
~~established under section 5126.42 of the Revised Code, including~~	27625
~~any pool of providers created pursuant to a provider selection~~	27626
~~system.~~	27627

Sec. 5126.051. (A) To the extent that resources are	27628
available, a county board of developmental disabilities shall	27629
provide for or arrange residential services and supported living	27630
for individuals with mental retardation and developmental	27631
disabilities.	27632

A county board may acquire, convey, lease, or sell property	27633
for residential services and supported living and enter into loan	27634
agreements, including mortgages, for the acquisition of such	27635
property. A county board is not required to comply with provisions	27636
of Chapter 307. of the Revised Code providing for competitive	27637
bidding or sheriff sales in the acquisition, lease, conveyance, or	27638
sale of property under this division, but the acquisition, lease,	27639
conveyance, or sale must be at fair market value determined by	27640
appraisal of one or more disinterested persons appointed by the	27641
board.	27642

Any action taken by a county board under this division that	27643
will incur debt on the part of the county shall be taken in	27644
accordance with Chapter 133. of the Revised Code. A county board	27645
shall not incur any debt on the part of the county without the	27646
prior approval of the board of county commissioners.	27647

(B)(1) To the extent that resources are available, a county	27648
board shall provide or arrange for the provision of adult services	27649
to individuals who are age eighteen and older and not enrolled in	27650
a program or service under Chapter 3323. of the Revised Code or	27651
age sixteen or seventeen and eligible for adult services under	27652
rules adopted by the director of developmental disabilities under	27653
Chapter 119. of the Revised Code. These services shall be provided	27654
in accordance with the individual's individual service plan and	27655
shall include support services specified in the plan.	27656

(2) Any prevocational services shall be provided in	27657
accordance with the individual's individual service plan and occur	27658
over a specified period of time with specific outcomes sought to	27659
be achieved.	27660

(3) A county board may, in cooperation with the opportunities	27661
for Ohioans with disabilities agency, seek federal funds for job	27662
training or other services ~~directly~~directed at helping	27663
individuals obtain community employment.	27664

(4) A county board may contract with any agency, board, or	27665
other entity that is accredited by the commission on accreditation	27666
of rehabilitation facilities to provide services. A county board	27667
that is accredited by the commission on accreditation of	27668
rehabilitation facilities may provide services for which it is	27669
certified by the commission.	27670

(C) To the extent that resources are available, a county	27671
board may provide services to an individual with mental	27672
retardation or other developmental disability in addition to those	27673
provided pursuant to this section, section 5126.05 of the Revised	27674
Code, or any other section of this chapter. The services shall be	27675
provided in accordance with the individual's individual service	27676
plan and may be provided in collaboration with other entities of	27677
state or local government.	27678

Sec. 5126.08. (A) The director of developmental disabilities	27679
shall adopt rules in accordance with Chapter 119. of the Revised	27680
Code for all programs and services offered by a county board of	27681
developmental disabilities. Such rules shall include, but are not	27682
limited to, the following:	27683

(1) Determination of what constitutes a program or service;

27684

(2) Standards to be followed by a board in administering,	27685
providing, arranging, or operating programs and services;	27686

(3) Standards for determining the nature and degree of mental	27687
retardation, including mild mental retardation, or developmental	27688
disability;	27689

(4) Standards and procedures for ~~determining~~making	27690
eligibility determinations for the programs and services ~~under~~	27691
~~section 5126.15 of the Revised Code~~;	27692

(5) Procedures for obtaining consent for the arrangement of	27693
services under section 5126.31 of the Revised Code and for	27694
obtaining signatures on individual service plans under that	27695
section;	27696

(6) Specification of the service and support administration	27697
to be provided by a county board and standards for resolving	27698
grievances in connection with service and support administration.	27699

(B) The director shall be the final authority in determining	27700
the nature and degree of mental retardation or developmental	27701
disability.	27702

Sec. 5126.21. As used in this section, "management employee"	27703
does not include the superintendent of a county board of	27704
developmental disabilities.	27705

(A)(1) Each management employee of a county board of	27706
developmental disabilities shall hold a limited contract for a	27707
period of not less than one year and not more than five years,	27708
except that a management employee hired after the beginning of a	27709
program year may be employed under a limited contract expiring at	27710
the end of the program year. The board shall approve all contracts	27711
of employment for management employees that are for a term of more	27712
than one year. A management employee shall receive notice of the	27713
superintendent's intention not to rehire the employee at least	27714
ninety days prior to the expiration of the contract.	27715

(2) During the term of a contract a management employee's	27716
salary may be increased, but shall not be reduced unless the	27717
reduction is part of a uniform plan affecting all employees of the	27718
board.	27719

(B) All management employees may be removed, suspended, or	27720
demoted for cause pursuant to section 5126.23 of the Revised Code.	27721

(C) All management employees shall receive employee benefits	27722
as established by the board. Sections 124.38 and 325.19 of the	27723
Revised Code do not apply to management employees.	27724

(D) The superintendent of a county board of developmental	27725
disabilities shall notify all management employees of the board of	27726
their salary no later than thirty days before the first day of the	27727
new contract year.	27728

(E) Each county board of developmental disabilities shall	27729
establish a lay-off policy to be followed if it determines a	27730
reduction in the number of management employees is necessary.	27731

(F) If a management employee position becomes vacant, the	27732
superintendent first shall consider whether to enter into an	27733
agreement with another county board for the sharing of personnel	27734
under 5126.02 of the Revised Code. If the superintendent	27735
determines there are no significant efficiencies or it is	27736
impractical to share personnel, the superintendent may employ a	27737
management employee to fill the vacancy.	27738

Sec. 5126.25. (A) The director of developmental disabilities	27739
shall adopt rules under division (C) of this section establishing	27740
uniform standards and procedures for the certification and	27741
registration of persons, other than the persons described in	27742
division (I) of this section, who are seeking employment with or	27743
are employed by either of the following:	27744

(1) A county board of developmental disabilities;

27745

(2) An entity that contracts with a county board to operate	27746
programs and services for individuals with mental retardation or	27747
developmental disabilities.	27748

(B) No person shall be employed in a position for which	27749
certification or registration is required pursuant to the rules	27750
adopted under this section without the certification or	27751
registration that is required for that position. The person shall	27752
not be employed or shall not continue to be employed if the	27753
required certification or registration is denied, revoked, or not	27754
renewed.	27755

(C) The director shall adopt rules in accordance with Chapter	27756
119. of the Revised Code as the director considers necessary to	27757
implement and administer this section, including rules	27758
establishing all of the following:	27759

(1) Positions of employment that are subject to this section	27760
and, for each position, whether a person must receive	27761
certification or receive registration to be employed in that	27762
position;	27763

(2) Requirements that must be met to receive the	27764
certification or registration required to be employed in a	27765
particular position, including standards regarding education,	27766
specialized training, and experience, taking into account the	27767
needs of individuals with mental retardation or developmental	27768
disabilities and the specialized techniques needed to serve them,	27769
except that the rules shall not require a person designated as a	27770
service employee under section 5126.22 of the Revised Code to have	27771
or obtain a bachelor's or higher degree;	27772

(3) Procedures to be followed in applying for initial	27773
certification or registration and for renewing the certification	27774
or registration.	27775

(4) Requirements that must be met for renewal of	27776
certification or registration, which may include continuing	27777
education and professional training requirements;	27778

(5) Subject to section 5126.23 of the Revised Code, grounds	27779
for which certification or registration may be denied, suspended,	27780
or revoked and procedures for appealing the denial, suspension, or	27781
revocation.	27782

(D) Each person seeking certification or registration for	27783
employment shall apply in the manner established in rules adopted	27784
under this section.	27785

(E)(1) Except as provided in division (E)(2) of this section,	27786
the superintendent of each county board is responsible for taking	27787
all actions regarding certification and registration of employees,	27788
other than the position of superintendent, early intervention	27789
supervisor, early intervention specialist, or investigative agent.	27790
For the position of superintendent, early intervention supervisor,	27791
early intervention specialist, or investigative agent, the	27792
director of developmental disabilities is responsible for taking	27793
all such actions.	27794

Actions that may be taken by the superintendent or director	27795
include issuing, renewing, denying, suspending, and revoking	27796
certification and registration. All actions shall be taken in	27797
accordance with the rules adopted under this section.	27798

The superintendent may charge a fee to persons applying for	27799
certification or registration. The superintendent shall establish	27800
the amount of the fee according to the costs the county board	27801
incurs in administering its program for certification and	27802
registration of employees.	27803

A person subject to the denial, suspension, or revocation of	27804
certification or registration may appeal the decision. The appeal	27805
shall be made in accordance with the rules adopted under this	27806
section.	27807

(2) Pursuant to division (C) of section 5126.05 of the	27808
Revised Code, the superintendent may enter into a contract with	27809
any other entity under which the entity is given authority to	27810
carry out all or part of the superintendent's responsibilities	27811
under division (E)(1) of this section.	27812

(F) A person with valid certification or registration under	27813
this section on the effective date of any rules adopted under this	27814
section that increase the standards applicable to the	27815
certification or registration shall have such period as the rules	27816
prescribe, but not less than one year after the effective date of	27817
the rules, to meet the new certification or registration	27818
standards.	27819

(G) A person with valid certification or registration is	27820
qualified to be employed according to that certification or	27821
registration by any county board or entity contracting with a	27822
county board.	27823

(H) The director shall monitor county boards to ensure that	27824
their employees and the employees of their contracting entities	27825
have the applicable certification or registration required under	27826
this section and that the employees are performing only those	27827
functions they are authorized to perform under the certification	27828
or registration. The superintendent of each county board or the	27829
superintendent's designee shall maintain in appropriate personnel	27830
files evidence acceptable to the director that the employees have	27831
met the requirements. On request, representatives of the	27832
department of developmental disabilities shall be given access to	27833
the evidence.	27834

(I) The certification and registration requirements of this	27835
section and the rules adopted under it do not apply to either of	27836
the following:	27837

(1) A person who holds a valid license issued or certificate	27838
issued under Chapter 3319. of the Revised Code and performs no	27839
duties other than teaching or supervision of a teaching program;	27840

(2) A person who holds a valid license or certificate issued	27841
under Title XLVII of the Revised Code and performs only those	27842
duties governed by the license or certificate.	27843

Sec. 5126.42. ~~(A) A~~Each county board of developmental	27844
disabilities shall establish ~~an advisory council composed of board~~	27845
~~members or employees of the board, providers, individuals~~	27846
~~receiving supported living, and advocates for individuals~~	27847
~~receiving supported living to provide on-going communication among~~	27848
~~all persons concerned with supported living.~~	27849

~~(B) The board shall develop~~ procedures for the resolution of	27850
grievances between the following:	27851

(A) The board and providers ~~or between the~~;

27852

(B) The board and an entity with which it has a shared	27853
funding agreement.	27854

~~(C) The board shall develop and implement a provider~~	27855
~~selection system. Each system shall enable an individual to choose~~	27856
~~to continue receiving supported living from the same providers, to~~	27857
~~select additional providers, or to choose alternative providers.~~	27858
~~Annually, the board shall review its provider selection system to~~	27859
~~determine whether it has been implemented in a manner that allows~~	27860
~~individuals fair and equitable access to providers.~~	27861

~~In developing a provider selection system, the county board~~	27862
~~shall create a pool of providers for individuals to use in~~	27863
~~choosing their providers of supported living. The pool shall be~~	27864
~~created by placing in the pool all providers on record with the~~	27865
~~board or by placing in the pool all providers approved by the~~	27866
~~board through soliciting requests for proposals for supported~~	27867
~~living contracts. In either case, only providers that are~~	27868
~~certified by the director of developmental disabilities may be~~	27869
~~placed in the pool.~~	27870

~~If the board places all providers on record in the pool, the~~	27871
~~board shall review the pool at least annually to determine whether~~	27872
~~each provider has continued interest in being a provider and has~~	27873
~~maintained its certification by the department. At any time, an~~	27874
~~interested and certified provider may make a request to the board~~	27875
~~that it be added to the pool, and the board shall add the provider~~	27876
~~to the pool not later than seven days after receiving the request.~~	27877

~~If the board solicits requests for proposals for inclusion of~~	27878
~~providers in the pool, the board shall develop standards for~~	27879
~~selecting the providers to be included. Requests for proposals~~	27880
~~shall be solicited at least annually. When requests are solicited,~~	27881
~~the board shall cause legal notices to be published once each week~~	27882
~~for two consecutive weeks in a newspaper of general circulation~~	27883
~~within the county or as provided in section 7.16 of the Revised~~	27884
~~Code. The board's formal request for proposals shall include a~~	27885
~~description of any applicable contract terms, the standards that~~	27886
~~are used to select providers for inclusion in the pool, and the~~	27887
~~process the board uses to resolve disputes arising from the~~	27888
~~selection process. The board shall accept requests from any entity~~	27889
~~interested in being a provider of supported living for individuals~~	27890
~~served by the board. Requests shall be approved or denied~~	27891
~~according to the standards developed by the board. Providers that~~	27892
~~previously have been placed in the pool are not required to~~	27893
~~resubmit a request for proposal to be included in the pool, unless~~	27894
~~the board's standards have been changed.~~	27895

~~In assisting an individual in choosing a provider, the county~~	27896
~~board shall provide the individual with uniform and consistent~~	27897
~~information pertaining to each provider in the pool. An individual~~	27898
~~may choose to receive supported living from a provider that is not~~	27899
~~included in the pool, if the provider is certified by the director~~	27900
~~of developmental disabilities.~~	27901

Sec. 5126.43. (A) After receiving notice from the department	27902
of developmental disabilities of the amount of state funds to be	27903
distributed to it for planning, developing, contracting for, and	27904
providing supported living, the county board of developmental	27905
disabilities shall arrange for supported living on behalf of and	27906
with the consent of individuals based on their individual service	27907
plans developed under section 5126.41 of the Revised Code. With	27908
the state distribution and any other money designated by the board	27909
for supported living, the board shall arrange for supported living	27910
in one or more of the following ways:	27911

(1) By contracting under section 5126.45 of the Revised Code	27912
with providers selected by the individual to be served;	27913

(2) By entering into shared funding agreements with state	27914
agencies, local public agencies, or political subdivisions at	27915
rates negotiated by the board;	27916

(3) By providing direct payment or vouchers to be used to	27917
purchase supported living, pursuant to a written contract in an	27918
amount determined by the board, to the individual or a person	27919
providing the individual with protective services as defined in	27920
section 5123.55 of the Revised Code.	27921

(B) The board may arrange for supported living only with	27922
providers that are certified by the director of developmental	27923
disabilities.	27924

When no certified provider is willing and able to provide	27925
supported living for an individual in accordance with the terms of	27926
the individual service plan for that individual, a county board	27927
may provide supported living directly if it is certified by the	27928
director of developmental disabilities to provide supported	27929
living.	27930

A county board may, for a period not to exceed ninety days,	27931
contract for or provide supported living without meeting the	27932
requirements of this section for an individual it determines to be	27933
in emergency need of supported living. Thereafter, the individual	27934
shall choose providers in accordance with sections 5126.046 and	27935
5126.41 ~~and 5126.42~~ of the Revised Code.	27936

Sec. 5126.45. (A) A contract between a county board of	27937
developmental disabilities and a provider of supported living	27938
shall be in writing and shall be based on the individual service	27939
plan developed by the individual under section 5126.41 of the	27940
Revised Code. The plan may be submitted as an addendum to the	27941
contract. An individual receiving services pursuant to a contract	27942
shall be considered a third-party beneficiary to the contract.	27943

(B) The contract shall be negotiated between the provider and	27944
the county board. The terms of the contract shall include at least	27945
the following:	27946

(1) The contract period and conditions for renewal;

27947

(2) The services to be provided pursuant to the individual	27948
service plan;	27949

(3) The rights and responsibilities of all parties to the	27950
contract;	27951

(4) The methods that will be used to evaluate the services	27952
delivered by the provider;	27953

(5) Procedures for contract modification that ensure all	27954
parties affected by the modification are involved and agree;	27955

(6) A process for resolving conflicts between individuals	27956
receiving services, the county board, and the provider, as	27957
applicable;	27958

(7) Procedures for the retention of applicable records;

27959

(8) Provisions for contract termination by any party involved	27960
that include requirements for an appropriate notice of intent to	27961
terminate the contract;	27962

(9) Methods to be used to document services provided;

27963

(10) Procedures for submitting reports required by the county	27964
board as a condition of receiving payment under the contract;	27965

(11) The method and schedule the board will use to make	27966
payments to the provider and whether periodic payment adjustments	27967
will be made to the provider;	27968

(12) Provisions for conducting fiscal reconciliations for	27969
payments made through methods other than a fee-for-service	27970
arrangement.	27971

(C) Payments to the provider under a supported living	27972
contract must be determined by the county board to be reasonable	27973
in accordance with policies and procedures developed by the county	27974
board. Goods or services provided without charge to the provider	27975
shall not be included as expenditures of the provider.	27976

(D) The county board shall establish procedures for	27977
reconciling expenditures and payments, other than those made under	27978
a fee-for-service arrangement, for the prior contract year when a	27979
contract is not renewed and shall reconcile expenditures and	27980
payments in accordance with these procedures.	27981

(E) A provider or an entity with which the county board has	27982
entered into a shared funding agreement may ~~appeal a negotiated~~	27983
~~contract or proposed shared funding rate to~~seek resolution of	27984
grievances with the county board using the procedures established	27985
by the county board under section 5126.42 of the Revised Code.	27986

Sec. 5139.05. (A) The juvenile court may commit any child to	27987
the department of youth services as authorized in Chapter 2152. of	27988
the Revised Code, provided that any child so committed shall be at	27989
least ten years of age at the time of the child's delinquent act,	27990
and, if the child is ten or eleven years of age, the delinquent	27991
act is a violation of section 2909.03 of the Revised Code or would	27992
be aggravated murder, murder, or a first or second degree felony	27993
offense of violence if committed by an adult. Any order to commit	27994
a child to an institution under the control and management of the	27995
department shall have the effect of ordering that the child be	27996
committed to the department and assigned to an institution or	27997
placed in a community corrections facility in accordance with	27998
division (E) of section 5139.36 of the Revised Code as follows:	27999

(1) For an indefinite term consisting of the prescribed	28000
minimum period specified by the court under division (A)(1) of	28001
section 2152.16 of the Revised Code and a maximum period not to	28002
exceed the child's attainment of twenty-one years of age, if the	28003
child was committed pursuant to section 2152.16 of the Revised	28004
Code;	28005

(2) Until the child's attainment of twenty-one years of age,	28006
if the child was committed for aggravated murder or murder	28007
pursuant to section 2152.16 of the Revised Code;	28008

(3) For a period of commitment that shall be in addition to,	28009
and shall be served consecutively with and prior to, a period of	28010
commitment described in division (A)(1) or (2) of this section, if	28011
the child was committed pursuant to section 2152.17 of the Revised	28012
Code;	28013

(4) If the child is ten or eleven years of age, to an	28014
institution, a residential care facility, a residential facility,	28015
or a facility licensed by the department of job and family	28016
services that the department of youth services considers best	28017
designated for the training and rehabilitation of the child and	28018
protection of the public. The child shall be housed separately	28019
from children who are twelve years of age or older until the child	28020
is released or discharged or until the child attains twelve years	28021
of age, whichever occurs first. Upon the child's attainment of	28022
twelve years of age, if the child has not been released or	28023
discharged, the department is not required to house the child	28024
separately.	28025

(B)(1) Except as otherwise provided in section 5139.54 of the	28026
Revised Code, the release authority of the department of youth	28027
services, in accordance with section 5139.51 of the Revised Code	28028
and at any time after the end of the minimum period specified	28029
under division (A)(1) of section 2152.16 of the Revised Code, may	28030
grant the release from custody of any child committed to the	28031
department.	28032

The order committing a child to the department of youth	28033
services shall state that the child has been adjudicated a	28034
delinquent child and state the minimum period. The jurisdiction of	28035
the court terminates at the end of the minimum period except as	28036
follows:	28037

(a) In relation to judicial release procedures, supervision,	28038
and violations;	28039

(b) With respect to functions of the court related to the	28040
revocation of supervised release that are specified in sections	28041
5139.51 and 5139.52 of the Revised Code;	28042

(c) In relation to its duties relating to serious youthful	28043
offender dispositional sentences under sections 2152.13 and	28044
2152.14 of the Revised Code.	28045

(2) When a child has been committed to the department under	28046
section 2152.16 of the Revised Code, the department shall retain	28047
legal custody of the child until one of the following:	28048

(a) The department discharges the child to the exclusive	28049
management, control, and custody of the child's parent or the	28050
guardian of the child's person or, if the child is eighteen years	28051
of age or older, discharges the child.	28052

(b) The committing court, upon its own motion, upon petition	28053
of the parent, guardian of the person, or next friend of a child,	28054
or upon petition of the department, terminates the department's	28055
legal custody of the child.	28056

(c) The committing court grants the child a judicial release	28057
to court supervision under section 2152.22 of the Revised Code.	28058

(d) The department's legal custody of the child is terminated	28059
automatically by the child attaining twenty-one years of age.	28060

(e) If the child is subject to a serious youthful offender	28061
dispositional sentence, the adult portion of that dispositional	28062
sentence is imposed under section 2152.14 of the Revised Code.	28063

(C) When a child is committed to the department of youth	28064
services, the department may assign the child to a hospital for	28065
mental, physical, and other examination, inquiry, or treatment for	28066
the period of time that is necessary. The department may remove	28067
any child in its custody to a hospital for observation, and a	28068
complete report of every observation at the hospital shall be made	28069
in writing and shall include a record of observation, treatment,	28070
and medical history and a recommendation for future treatment,	28071
custody, and maintenance. The department shall thereupon order the	28072
placement and treatment that it determines to be most conducive to	28073
the purposes of Chapters 2151. and 5139. of the Revised Code. The	28074
committing court and all public authorities shall make available	28075
to the department all pertinent data in their possession with	28076
respect to the case.	28077

(D) Records maintained by the department of youth services	28078
pertaining to the children in its custody shall be accessible only	28079
to department employees, except by consent of the department, upon	28080
the order of the judge of a court of record, or as provided in	28081
divisions (D)(1) and (2) of this section. These records shall not	28082
be considered "public records," as defined in section 149.43 of	28083
the Revised Code.	28084

(1) Except as otherwise provided by a law of this state or	28085
the United States, the department of youth services may release	28086
records that are maintained by the department of youth services	28087
and that pertain to children in its custody to the department of	28088
rehabilitation and correction regarding persons who are under the	28089
jurisdiction of the department of rehabilitation and correction	28090
and who have previously been committed to the department of youth	28091
services. The department of rehabilitation and correction may use	28092
those records for the limited purpose of carrying out the duties	28093
of the department of rehabilitation and correction. Records	28094
released by the department of youth services to the department of	28095
rehabilitation and correction shall remain confidential and shall	28096
not be considered public records as defined in section 149.43 of	28097
the Revised Code.	28098

(2) The department of youth services shall provide to the	28099
superintendent of the school district in which a child discharged	28100
or released from the custody of the department is entitled to	28101
attend school under section 3313.64 or 3313.65 of the Revised Code	28102
the records described in divisions (D)(4)(a) to (d) of section	28103
2152.18 of the Revised Code. Subject to the provisions of section	28104
3319.321 of the Revised Code and the Family Educational Rights and	28105
Privacy Act, 20 U.S.C. 1232g, as amended, the records released to	28106
the superintendent shall remain confidential and shall not be	28107
considered public records as defined in section 149.43 of the	28108
Revised Code.	28109

(E)(1) When a child is committed to the department of youth	28110
services, the department, orally or in writing, shall notify the	28111
parent, guardian, or custodian of a child that the parent,	28112
guardian, or custodian may request at any time from the	28113
superintendent of the institution in which the child is located	28114
any of the information described in divisions (E)(1)(a), (b), (c),	28115
and (d) of this section. The parent, guardian, or custodian may	28116
provide the department with the name, address, and telephone	28117
number of the parent, guardian, or custodian, and, until the	28118
department is notified of a change of name, address, or telephone	28119
number, the department shall use the name, address, and telephone	28120
number provided by the parent, guardian, or custodian to provide	28121
notices or answer inquiries concerning the following information:	28122

(a) When the department of youth services makes a permanent	28123
assignment of the child to a facility, the department, orally or	28124
in writing and on or before the third business day after the day	28125
the permanent assignment is made, shall notify the parent,	28126
guardian, or custodian of the child of the name of the facility to	28127
which the child has been permanently assigned.	28128

If a parent, guardian, or custodian of a child who is	28129
committed to the department of youth services requests, orally or	28130
in writing, the department to provide the parent, guardian, or	28131
custodian with the name of the facility in which the child is	28132
currently located, the department, orally or in writing and on or	28133
before the next business day after the day on which the request is	28134
made, shall provide the name of that facility to the parent,	28135
guardian, or custodian.	28136

(b) If a parent, guardian, or custodian of a child who is	28137
committed to the department of youth services, orally or in	28138
writing, asks the superintendent of the institution in which the	28139
child is located whether the child is being disciplined by the	28140
personnel of the institution, what disciplinary measure the	28141
personnel of the institution are using for the child, or why the	28142
child is being disciplined, the superintendent or the	28143
superintendent's designee, on or before the next business day	28144
after the day on which the request is made, shall provide the	28145
parent, guardian, or custodian with written or oral responses to	28146
the questions.	28147

(c) If a parent, guardian, or custodian of a child who is	28148
committed to the department of youth services, orally or in	28149
writing, asks the superintendent of the institution in which the	28150
child is held whether the child is receiving any medication from	28151
personnel of the institution, what type of medication the child is	28152
receiving, or what condition of the child the medication is	28153
intended to treat, the superintendent or the superintendent's	28154
designee, on or before the next business day after the day on	28155
which the request is made, shall provide the parent, guardian, or	28156
custodian with oral or written responses to the questions.	28157

(d) When a major incident occurs with respect to a child who	28158
is committed to the department of youth services, the department,	28159
as soon as reasonably possible after the major incident occurs,	28160
shall notify the parent, guardian, or custodian of the child that	28161
a major incident has occurred with respect to the child and of all	28162
the details of that incident that the department has ascertained.	28163

(2) The failure of the department of youth services to	28164
provide any notification required by or answer any requests made	28165
pursuant to division (E) of this section does not create a cause	28166
of action against the state.	28167

(F) The department of youth services, as a means of	28168
punishment while the child is in its custody, shall not prohibit a	28169
child who is committed to the department from seeing that child's	28170
parent, guardian, or custodian during standard visitation periods	28171
allowed by the department of youth services unless the	28172
superintendent of the institution in which the child is held	28173
determines that permitting that child to visit with the child's	28174
parent, guardian, or custodian would create a safety risk to that	28175
child, that child's parents, guardian, or custodian, the personnel	28176
of the institution, or other children held in that institution.	28177

(G) As used in this section:

28178

(1) "Permanent assignment" means the assignment or transfer	28179
for an extended period of time of a child who is committed to the	28180
department of youth services to a facility in which the child will	28181
receive training or participate in activities that are directed	28182
toward the child's successful rehabilitation. "Permanent	28183
assignment" does not include the transfer of a child to a facility	28184
for judicial release hearings pursuant to section 2152.22 of the	28185
Revised Code or for any other temporary assignment or transfer to	28186
a facility.	28187

(2) "Major incident" means the escape or attempted escape of	28188
a child who has been committed to the department of youth services	28189
from the facility to which the child is assigned; the return to	28190
the custody of the department of a child who has escaped or	28191
otherwise fled the custody and control of the department without	28192
authorization; the allegation of any sexual activity with a child	28193
committed to the department; physical injury to a child committed	28194
to the department as a result of alleged abuse by department	28195
staff; an accident resulting in injury to a child committed to the	28196
department that requires medical care or treatment outside the	28197
institution in which the child is located; the discovery of a	28198
controlled substance upon the person or in the property of a child	28199
committed to the department; a suicide attempt by a child	28200
committed to the department; a suicide attempt by a child	28201
committed to the department that results in injury to the child	28202
requiring emergency medical services outside the institution in	28203
which the child is located; the death of a child committed to the	28204
department; an injury to a visitor at an institution under the	28205
control of the department that is caused by a child committed to	28206
the department; and the commission or suspected commission of an	28207
act by a child committed to the department that would be an	28208
offense if committed by an adult.	28209

(3) "Sexual activity" has the same meaning as in section	28210
2907.01 of the Revised Code.	28211

(4) "Controlled substance" has the same meaning as in section	28212
3719.01 of the Revised Code.	28213

(5) "Residential care facility" and "residential facility"	28214
have the same meanings as in section 2151.011 of the Revised Code.	28215

Sec. 5139.12. Any person who is required, pursuant to	28216
division (A) of section 2151.421 of the Revised Code, to report	28217
the person's knowledge of or reasonable cause to suspect abuse or	28218
neglect or threat of abuse or neglect of a child under eighteen	28219
years of age or a mentally retarded, developmentally disabled, or	28220
physically impaired child under twenty-one years of age or any	28221
person who is permitted, pursuant to division (B) of that section,	28222
to report, or cause such a report to be made and who makes or	28223
causes the report to be made, shall direct that report to the	28224
state highway patrol if the child is a delinquent child in the	28225
custody of an institution. If the state highway patrol determines	28226
after receipt of the report that there is probable cause that	28227
abuse or neglect or threat of abuse or neglect of the delinquent	28228
child occurred, the highway patrol shall report its findings to	28229
the department of youth services, to the court that ordered the	28230
disposition of the delinquent child for the act that would have	28231
been an offense if committed by an adult and for which the	28232
delinquent child is in the custody of the department, to the	28233
public children services agency in the county in which the child	28234
resides or in which the abuse or neglect or threat of abuse or	28235
neglect occurred, and to the chairperson and vice-chairperson of	28236
the correctional institution inspection committee established by	28237
section 103.71 of the Revised Code.	28238

Sec. 5139.34. (A) Funds may be appropriated to the	28239
department of youth services for the purpose of granting state	28240
subsidies to counties. A county or the juvenile court that serves	28241
a county shall use state subsidies granted to the county pursuant	28242
to this section only in accordance with divisions (B)(2)(a) and	28243
(3)(a) of section 5139.43 of the Revised Code and the rules	28244
pertaining to the state subsidy funds that the department adopts	28245
pursuant to division (D) of section 5139.04 of the Revised Code.	28246
The department shall not grant financial assistance pursuant to	28247
this section for the provision of care and services for children	28248
in a placement facility unless the facility has been certified,	28249
licensed, or approved by a state or national agency with	28250
certification, licensure, or approval authority, including, but	28251
not limited to, the department of job and family services,	28252
department of education, department of mental health and addiction	28253
services, department of developmental disabilities, or American	28254
correctional association. For the purposes of this section,	28255
placement facilities do not include a state institution or a	28256
county or district children's home.	28257

The department also shall not grant financial assistance	28258
pursuant to this section for the provision of care and services	28259
for children, including, but not limited to, care and services in	28260
a detention facility, in another facility, or in out-of-home	28261
placement, unless the minimum standards applicable to the care and	28262
services that the department prescribes in rules adopted pursuant	28263
to division (D) of section 5139.04 of the Revised Code have been	28264
satisfied.	28265

(B) The department of youth services shall apply the	28266
following formula to determine the amount of the annual grant that	28267
each county is to receive pursuant to division (A) of this	28268
section, subject to the appropriation for this purpose to the	28269
department made by the general assembly:	28270

(1) Each county shall receive a basic annual grant of fifty	28271
thousand dollars.	28272

(2) The sum of the basic annual grants provided under	28273
division (B)(1) of this section shall be subtracted from the total	28274
amount of funds appropriated to the department of youth services	28275
for the purpose of making grants pursuant to division (A) of this	28276
section to determine the remaining portion of the funds	28277
appropriated. The remaining portion of the funds appropriated	28278
shall be distributed on a per capita basis to each county that has	28279
a population of more than twenty-five thousand for that portion of	28280
the population of the county that exceeds twenty-five thousand.	28281

(C)(1) Prior to a county's receipt of an annual grant	28282
pursuant to this section, the juvenile court that serves the	28283
county shall prepare, submit, and file in accordance with division	28284
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	28285
agreement and application for funding that is for the combined	28286
purposes of, and that satisfies the requirements of, this section	28287
and section 5139.43 of the Revised Code. In addition to the	28288
subject matters described in division (B)(3)(a) of section 5139.43	28289
of the Revised Code or in the rules that the department adopts to	28290
implement that division, the annual grant agreement and	28291
application for funding shall address fiscal accountability and	28292
performance matters pertaining to the programs, care, and services	28293
that are specified in the agreement and application and for which	28294
state subsidy funds granted pursuant to this section will be used.	28295

(2) The county treasurer of each county that receives an	28296
annual grant pursuant to this section shall deposit the state	28297
subsidy funds so received into the county's felony delinquent care	28298
and custody fund created pursuant to division (B)(1) of section	28299
5139.43 of the Revised Code. Subject to exceptions prescribed in	28300
section 5139.43 of the Revised Code that may apply to the	28301
disbursement, the department shall disburse the state subsidy	28302
funds to which a county is entitled in a lump sum payment that	28303
shall be made in July of each calendar year.	28304

(3) Upon an order of the juvenile court that serves a county	28305
and subject to appropriation by the board of county commissioners	28306
of that county, a county treasurer shall disburse from the	28307
county's felony delinquent care and custody fund the state subsidy	28308
funds granted to the county pursuant to this section for use only	28309
in accordance with this section, the applicable provisions of	28310
section 5139.43 of the Revised Code, and the county's approved	28311
annual grant agreement and application for funding.	28312

(4) The moneys in a county's felony delinquent care and	28313
custody fund that represent state subsidy funds granted pursuant	28314
to this section are subject to appropriation by the board of	28315
county commissioners of the county; shall be disbursed by the	28316
county treasurer as required by division (C)(3) of this section;	28317
shall be used in the manners referred to in division (C)(3) of	28318
this section; shall not revert to the county general fund at the	28319
end of any fiscal year; shall carry over in the felony delinquent	28320
care and custody fund from the end of any fiscal year to the next	28321
fiscal year; shall be in addition to, and shall not be used to	28322
reduce, any usual annual increase in county funding that the	28323
juvenile court is eligible to receive or the current level of	28324
county funding of the juvenile court and of any programs, care, or	28325
services for alleged or adjudicated delinquent children, unruly	28326
children, or juvenile traffic offenders or for children who are at	28327
risk of becoming delinquent children, unruly children, or juvenile	28328
traffic offenders; and shall not be used to pay for the care and	28329
custody of felony delinquents who are in the care and custody of	28330
an institution pursuant to a commitment, recommitment, or	28331
revocation of a release on parole by the juvenile court of that	28332
county or who are in the care and custody of a community	28333
corrections facility pursuant to a placement by the department	28334
~~with the consent of the juvenile court~~ as described in division	28335
(E) of section 5139.36 of the Revised Code.	28336

(5) As a condition of the continued receipt of state subsidy	28337
funds pursuant to this section, each county and the juvenile court	28338
that serves each county that receives an annual grant pursuant to	28339
this section shall comply with divisions (B)(3)(b), (c), and (d)	28340
of section 5139.43 of the Revised Code.	28341

Sec. 5139.36. (A) In accordance with this section and the	28342
rules adopted under it and from funds appropriated to the	28343
department of youth services for the purposes of this section, the	28344
department shall make grants that provide financial resources to	28345
operate community corrections facilities for felony delinquents.	28346

(B)(1) Each community corrections facility that intends to	28347
seek a grant under this section shall file an application with the	28348
department of youth services at the time and in accordance with	28349
the procedures that the department shall establish by rules	28350
adopted in accordance with Chapter 119. of the Revised Code. In	28351
addition to other items required to be included in the	28352
application, a plan that satisfies both of the following shall be	28353
included:	28354

(a) It reduces the number of felony delinquents committed to	28355
the department from the county or counties associated with the	28356
community corrections facility.	28357

(b) It ensures equal access for minority felony delinquents	28358
to the programs and services for which a potential grant would be	28359
used.	28360

(2) The department of youth services shall review each	28361
application submitted pursuant to division (B)(1) of this section	28362
to determine whether the plan described in that division, the	28363
community corrections facility, and the application comply with	28364
this section and the rules adopted under it.	28365

(C) To be eligible for a grant under this section and for	28366
continued receipt of moneys comprising a grant under this section,	28367
a community corrections facility shall satisfy at least all of the	28368
following requirements:	28369

(1) Be constructed, reconstructed, or improved, and be	28370
financed by the treasurer of state pursuant to section 307.021 of	28371
the Revised Code and Chapter 154. of the Revised Code, for the use	28372
of the department of youth services and be designated as a	28373
community corrections facility;	28374

(2) Have written standardized criteria governing the types of	28375
felony delinquents that are eligible for the programs and services	28376
provided by the facility;	28377

(3) Have a written standardized intake screening process and	28378
an intake committee that at least performs both of the following	28379
tasks:	28380

(a) Screens all eligible felony delinquents who are being	28381
considered for admission to the facility in lieu of commitment to	28382
the department;	28383

(b) Notifies, within ten days after the date of the referral	28384
of a felony delinquent to the facility, the committing court	28385
whether the felony delinquent will be admitted to the facility.	28386

(4) Comply with all applicable fiscal and program rules that	28387
the department adopts in accordance with Chapter 119. of the	28388
Revised Code and demonstrate that felony delinquents served by the	28389
facility have been or will be diverted from a commitment to the	28390
department.	28391

(D) The department of youth services shall determine the	28392
method of distribution of the funds appropriated for grants under	28393
this section to community corrections facilities.	28394

(E)(1) The department of youth services shall adopt rules in	28395
accordance with Chapter 119. of the Revised Code to establish the	28396
minimum occupancy threshold of community corrections facilities.	28397

(2) A child in the custody of the department of youth	28398
services may be placed in a community corrections facility in	28399
accordance with either division (E)(2)(a) or (b) of this section.	28400
A child placed in a community corrections facility pursuant to	28401
either division shall remain in the legal custody of the	28402
department of youth services during the period in which the child	28403
is in the community corrections facility. The department shall	28404
charge bed days to the county in accordance with sections 5139.41	28405
to 5139.43 of the Revised Code.	28406

(a) The department may make referrals for the placement of	28407
children in its custody to a community corrections facility. At	28408
least forty-five days prior to the referral of a child or within	28409
any shorter period prior to the referral of the child that the	28410
committing court may allow, the department shall notify the	28411
committing court of its intent to place the child in a community	28412
corrections facility. The court shall have thirty days after the	28413
receipt of the notice to approve or disapprove the placement. If	28414
the court does not respond to the notice of the placement within	28415
that thirty-day period, the department shall proceed with the	28416
placement ~~and debit the county in accordance with sections 5139.41~~	28417
~~to 5139.43 of the Revised Code. A child placed in a community~~	28418
~~corrections facility pursuant to this division shall remain in the~~	28419
~~legal custody of the department of youth services during the~~	28420
~~period in which the child is in the community corrections~~	28421
~~facility~~.	28422

(b) The department may, with the consent of the juvenile	28423
court with jurisdiction over the Montgomery county center for	28424
adolescent services, establish a single unit within the community	28425
corrections facility for female felony delinquents committed to	28426
the department's custody. If the unit is established under this	28427
division, the department may place a female felony delinquent	28428
committed to the department's custody into the unit in the	28429
community corrections facility.	28430

(3) Counties that are not associated with a community	28431
corrections facility may refer children to a community corrections	28432
facility with the consent of the facility. The department of youth	28433
services shall debit the county that makes the referral in	28434
accordance with sections 5139.41 to 5139.43 of the Revised Code.	28435

(F) The board or other governing body of a community	28436
corrections facility shall meet not less often than once per	28437
quarter. A community corrections facility may reimburse the	28438
members of the board or other governing body of the facility and	28439
the members of an advisory board created by the board or other	28440
governing body of the facility for their actual and necessary	28441
expenses incurred in the performance of their official duties. The	28442
members of the board or other governing body of the facility and	28443
the members of an advisory board created by the board or other	28444
governing body of the facility shall serve without compensation.	28445

Sec. 5139.41. The appropriation made to the department of	28446
youth services for care and custody of felony delinquents shall be	28447
expended in accordance with the following procedure that the	28448
department shall use for each year of a biennium. The procedure	28449
shall be consistent with sections 5139.41 to 5139.43 of the	28450
Revised Code and shall be developed in accordance with the	28451
following guidelines:	28452

(A) The line item appropriation for the care and custody of	28453
felony delinquents shall provide funding for operational costs for	28454
the following:	28455

(1) Institutions and the diagnosis, care, or treatment of	28456
felony delinquents at facilities pursuant to contracts entered	28457
into under section 5139.08 of the Revised Code;	28458

(2) Community corrections facilities constructed,	28459
reconstructed, improved, or financed as described in section	28460
5139.36 of the Revised Code for the purpose of providing	28461
alternative placement and services for felony delinquents who have	28462
been diverted from care and custody in institutions;	28463

(3) County juvenile courts that administer programs and	28464
services for prevention, early intervention, diversion, treatment,	28465
and rehabilitation services and programs that are provided for	28466
alleged or adjudicated unruly or delinquent children or for	28467
children who are at risk of becoming unruly or delinquent	28468
children;	28469

(4) Administrative expenses the department incurs in	28470
connection with the felony delinquent care and custody programs	28471
described in section 5139.43 of the Revised Code.	28472

(B) From the appropriated line item for the care and custody	28473
of felony delinquents, the department, with the advice of the	28474
RECLAIM advisory committee established under section 5139.44 of	28475
the Revised Code, shall allocate annual operational funds for	28476
county juvenile programs, institutional care and custody,	28477
community corrections facilities care and custody, and	28478
administrative expenses incurred by the department associated with	28479
felony delinquent care and custody programs. The department, with	28480
the advice of the RECLAIM advisory committee, shall adjust these	28481
allocations, when modifications to this line item are made by	28482
legislative or executive action.	28483

(C) The department shall divide county juvenile program	28484
allocations among county juvenile courts that administer programs	28485
and services for prevention, early intervention, diversion,	28486
treatment, and rehabilitation that are provided for alleged or	28487
adjudicated unruly or delinquent children or for children who are	28488
at risk of becoming unruly or delinquent children. The department	28489
shall base funding on the county's previous year's ratio of the	28490
department's institutional and community ~~correctional~~corrections	28491
facilities commitments to that county's average of felony	28492
adjudications, as specified in the following formula:	28493

(1) The department shall give to each county a proportional	28494
allocation of commitment credits. The proportional allocation of	28495
commitment credits shall be calculated by the following	28496
procedures:	28497

(a) The department shall determine for each county and for	28498
the state an average of felony adjudications. Beginning July 1,	28499
2012, the average shall include felony adjudications for fiscal	28500
year 2007 and for each subsequent fiscal year through fiscal year	28501
2016. Beginning July 1, 2017, the most recent felony adjudication	28502
data shall be included and the oldest fiscal year data shall be	28503
removed so that a ten-year average of felony adjudication data	28504
will be maintained.	28505

(b) The department shall determine for each county and for	28506
the state the number of charged bed days, for both the department	28507
and community ~~correctional~~corrections facilities, from the	28508
previous year.	28509

(c) The department shall divide the statewide total number of	28510
charged bed days by the statewide total number of felony	28511
adjudications, which quotient shall then be multiplied by a factor	28512
determined by the department.	28513

(d) The department shall calculate the county's allocation of	28514
credits by multiplying the number of adjudications for each court	28515
by the result determined pursuant to division (C)(1)(c) of this	28516
section.	28517

(2) The department shall subtract from the allocation	28518
determined pursuant to division (C)(1) of this section a credit	28519
for every chargeable bed day while a youth ~~stays~~is in a	28520
~~department institution~~the department's custody and two-thirds of	28521
credit for every chargeable bed day a youth stays in a community	28522
~~correctional~~corrections facility, except for public safety beds.	28523
At the end of the year, the department shall divide the amount of	28524
remaining credits of that county's allocation by the total number	28525
of remaining credits to all counties, to determine the county's	28526
percentage, which shall then be applied to the total county	28527
allocation to determine the county's payment for the fiscal year.	28528

(3) The department shall pay counties three times during the	28529
fiscal year to allow for credit reporting and audit adjustments,	28530
and modifications to the appropriated line item for the care and	28531
custody of felony delinquents, as described in this section. The	28532
department shall pay fifty per cent of the payment by the	28533
fifteenth of July of each fiscal year, twenty-five per cent by the	28534
fifteenth of January of that fiscal year, and twenty-five per cent	28535
of the payment by the fifteenth of June of that fiscal year.	28536

Sec. 5139.45. (A) As used in this section:

28537

(1) "Institution" means a state facility that is created by	28538
the general assembly and that is under the management and control	28539
of the department of youth services or a private entity with which	28540
the department has contracted for the institutional care and	28541
custody of felony delinquents.	28542

(2) "Quality assurance program" means a comprehensive program	28543
within the department of youth services to systematically review	28544
and improve the quality of programming, operations, education,	28545
medical and mental health services within the department and the	28546
department's institutions, the safety and security of persons	28547
receiving care and services within the department and the	28548
department's institutions, and the efficiency and effectiveness of	28549
the utilization of staff and resources in the delivery of services	28550
within the department and the department's institutions.	28551

(3) "Quality assurance program activities" means the	28552
activities of the institution and the office of quality assurance	28553
and improvement, of persons who provide, collect, or compile	28554
information and reports required by the office of quality	28555
assurance and improvement, and of persons who receive, review, or	28556
implement the recommendations made by the office of quality	28557
assurance and improvement. "Quality assurance program activities"	28558
include credentialing, infection control, utilization review	28559
including access to patient care, patient care assessments,	28560
medical and mental health records, medical and mental health	28561
resource management, mortality and morbidity review, and	28562
identification and prevention of medical or mental health	28563
incidents and risks, whether performed by the office of quality	28564
assurance and improvement or by persons who are directed by the	28565
office of quality assurance and improvement.	28566

(4) "Quality assurance record" means the proceedings,	28567
records, minutes, and reports that result from quality assurance	28568
program activities. "Quality assurance record" does not include	28569
aggregate statistical information that does not disclose the	28570
identity of persons receiving or providing services in	28571
institutions.	28572

(B) The office of quality assurance and improvement is hereby	28573
created as an office in the department of youth services. The	28574
director of youth services shall appoint a managing officer to	28575
carry out quality assurance program activities.	28576

(C)(1) Except as otherwise provided in division (F) of this	28577
section, quality assurance records are confidential and are not	28578
public records under section 149.43 of the Revised Code and shall	28579
be used only in the course of the proper functions of a quality	28580
assurance program.	28581

(2) Except as provided in division (F) of this section, no	28582
person who possesses or has access to quality assurance records	28583
and who knows that the records are quality assurance records shall	28584
willfully disclose the contents of the records to any person or	28585
entity.	28586

(D)(1) Except as otherwise provided in division (F) of this	28587
section, a quality assurance record is not subject to discovery	28588
and is not admissible as evidence in any judicial or	28589
administrative proceeding.	28590

(2) Except as provided in division (F) of this section, no	28591
employee of the office of quality assurance and improvement or a	28592
person who is performing a function that is part of a quality	28593
assurance program shall be permitted or required to testify in a	28594
judicial or administrative proceeding with respect to a quality	28595
assurance record or with respect to any finding, recommendation,	28596
evaluation, opinion, or other action taken by the office or	28597
program or by the person within the scope of the quality assurance	28598
program.	28599

(3) Information, documents, or records otherwise available	28600
from original sources shall not be unavailable for discovery or	28601
inadmissible as evidence in a judicial or administrative	28602
proceeding under division (D)(1) of this section merely because	28603
they were presented to the office of quality assurance and	28604
improvement. No person who is an employee of the office of quality	28605
assurance and improvement shall be prohibited from testifying as	28606
to matters within the person's knowledge, but the person shall not	28607
be asked about an opinion formed by the person as a result of the	28608
person's quality assurance program activities.	28609

(E)(1) A person who, without malice and in the reasonable	28610
belief that the information is warranted by the facts known to the	28611
person, provides information to a person engaged in quality	28612
assurance program activities is not liable for damages in a civil	28613
action for injury, death, or loss to person or property as a	28614
result of providing the information.	28615

(2) An employee of the office of quality assurance and	28616
improvement, a person engaged in quality assurance program	28617
activities, or an employee of the department of youth services	28618
shall not be liable in damages in a civil action for injury,	28619
death, or loss to person or property for any acts, omissions,	28620
decisions, or other conduct within the scope of the functions of	28621
the quality assurance program.	28622

(3) Nothing in this section shall relieve any institution	28623
from liability arising from the treatment of a patient.	28624

(F) Quality assurance records may be disclosed, and testimony	28625
may be provided concerning quality assurance records, only to the	28626
following persons or entities or under the following	28627
circumstances:	28628

(1) Persons who are employed or retained by the department of	28629
youth services and who have the authority to evaluate or implement	28630
the recommendations of an institution or the office of quality	28631
assurance and improvement;	28632

(2) Public or private agencies or organizations if needed to	28633
perform a licensing or accreditation function related to	28634
institutions or to perform monitoring of institutions as required	28635
by law;	28636

(3) A governmental board or agency, a professional health	28637
care society or organization, or a professional standards review	28638
organization, if the records or testimony are needed to perform	28639
licensing, credentialing, or monitoring of professional standards	28640
with respect to medical or mental health professionals employed or	28641
retained by the department;	28642

(4) A criminal or civil law enforcement agency or public	28643
health agency charged by law with the protection of public health	28644
or safety, if a qualified representative of the agency makes a	28645
written request stating that the records or testimony are	28646
necessary for a purpose authorized by law;	28647

(5) In a judicial or administrative proceeding commenced by	28648
an entity described in division (F)(3) or (4) of this section for	28649
a purpose described in that division but only with respect to the	28650
subject of the proceedings.	28651

(G) A disclosure of quality assurance records pursuant to	28652
division (F) of this section does not otherwise waive the	28653
confidential and privileged status of the disclosed quality	28654
assurance records. The names and other identifying information	28655
regarding individual patients or employees of the office of	28656
quality assurance and improvement contained in a quality assurance	28657
record shall be redacted from the record prior to the disclosure	28658
of the record unless the identity of an individual is necessary	28659
for the purpose for which the disclosure is being made and does	28660
not constitute a clearly unwarranted invasion of personal privacy.	28661

Sec. 5153.21. The board of county commissioners may	28662
establish a children's home upon the recommendation of the public	28663
children services agency and subject to certification by the	28664
department of job and family services under section 5103.03 of the	28665
Revised Code and the requirements of sections 5103.05 and 5103.051	28666
of the Revised Code.	28667

Sec. 5153.42. District children's homes shall be	28668
established, operated, maintained, and managed in the same manner	28669
so far as applicable as county children's homes and shall be	28670
subject to the requirements of sections 5103.05 and 5103.051 of	28671
the Revised Code.	28672

Sec. 5155.28. (A) As used in this section:

28673

(1) "Nursing facility" has the same meaning as in section	28674
5165.01 of the Revised Code.	28675

(2) "PASRR" means the preadmission screening and annual	28676
resident review of individuals with mental illnesses and	28677
intellectual disabilities required by the "Social Security Act,"	28678
42 U.S.C. 1396r(e)(7).	28679

(B) A county home or district home that is a nursing facility	28680
may provide sub-acute detoxification services to residents who	28681
have been determined by PASRR to be addicted to opioids. The	28682
sub-acute detoxification services shall include monitoring of such	28683
residents twenty-four hours a day by health care professionals.	28684

Sec. 5164.34. (A) As used in this section:

28685

(1) "Criminal records check" has the same meaning as in	28686
section 109.572 of the Revised Code.	28687

(2) "Disqualifying offense" means any of the offenses listed	28688
or described in divisions (A)(3)(a) to (e) of section 109.572 of	28689
the Revised Code.	28690

(3) "Owner" means a person who has an ownership interest in a	28691
medicaid provider in an amount designated in rules authorized by	28692
this section.	28693

(4) "Person subject to the criminal records check	28694
requirement" means the following:	28695

(a) A medicaid provider who is notified under division (E)(1)	28696
of this section that the provider is subject to a criminal records	28697
check;	28698

(b) An owner or prospective owner, officer or prospective	28699
officer, or board member or prospective board member of a medicaid	28700
provider if, pursuant to division (E)(1)(a) of this section, the	28701
owner or prospective owner, officer or prospective officer, or	28702
board member or prospective board member is specified in	28703
information given to the provider under division (E)(1) of this	28704
section;	28705

(c) An employee or prospective employee of a medicaid	28706
provider if both of the following apply:	28707

(i) The employee or prospective employee is specified,	28708
pursuant to division (E)(1)(b) of this section, in information	28709
given to the provider under division (E)(1) of this section.	28710

(ii) The provider is not prohibited by division (D)(3)(b) of	28711
this section from employing the employee or prospective employee.	28712

(5) "Responsible entity" means the following:

28713

(a) With respect to a criminal records check required under	28714
this section for a medicaid provider, the department of medicaid	28715
or the department's designee;	28716

(b) With respect to a criminal records check required under	28717
this section for an owner or prospective owner, officer or	28718
prospective officer, board member or prospective board member, or	28719
employee or prospective employee of a medicaid provider, the	28720
provider.	28721

(B) This section does not apply to any individual who is	28722
subject to a criminal records check under section 3712.09,	28723
3721.121, 5123.081, 5123.169, or 5164.341 of the Revised Code or	28724
any individual who is subject to a database review or criminal	28725
records check under section 173.38, 173.381, 3701.881, or 5164.342	28726
of the Revised Code.	28727

28728

(1) Require that any medicaid provider submit to a criminal	28729
records check as a condition of obtaining or maintaining a	28730
provider agreement;	28731

(2) Require that any medicaid provider require an owner or	28732
prospective owner, officer or prospective officer, or board member	28733
or prospective board member of the provider submit to a criminal	28734
records check as a condition of being an owner, officer, or board	28735
member of the provider;	28736

(3) Require that any medicaid provider do the following:

28737

(a) If so required by rules authorized by this section,	28738
determine pursuant to a database review conducted under division	28739
(F)(1)(a) of this section whether any employee or prospective	28740
employee of the provider is included in a database;	28741

(b) Unless the provider is prohibited by division (D)(3)(b)	28742
of this section from employing the employee or prospective	28743
employee, require the employee or prospective employee to submit	28744
to a criminal records check as a condition of being an employee of	28745
the provider.	28746

(D)(1) The department or the department's designee shall deny	28747
or terminate a medicaid provider's provider agreement if the	28748
provider is a person subject to the criminal records check	28749
requirement and either of the following applies:	28750

(a) The provider fails to obtain the criminal records check	28751
after being given the information specified in division (G)(1) of	28752
this section.	28753

(b) Except as provided in rules authorized by this section,	28754
the provider is found by the criminal records check to have been	28755
convicted of or have pleaded guilty to a disqualifying offense,	28756
regardless of the date of the conviction or the date of entry of	28757
the guilty plea.	28758

(2) No medicaid provider shall permit a person to be an	28759
owner, officer, or board member of the provider if the person is a	28760
person subject to the criminal records check requirement and	28761
either of the following applies:	28762

(a) The person fails to obtain the criminal records check	28763
after being given the information specified in division (G)(1) of	28764
this section.	28765

(b) Except as provided in rules authorized by this section,	28766
the person is found by the criminal records check to have been	28767
convicted of or have pleaded guilty to a disqualifying offense,	28768
regardless of the date of the conviction or the date of entry of	28769
the guilty plea.	28770

(3) No medicaid provider shall employ a person if any of the	28771
following apply:	28772

(a) The person has been excluded from being a medicaid	28773
provider, a medicare provider, or provider for any other federal	28774
health care program.	28775

(b) If the person is subject to a database review conducted	28776
under division (F)(1)(a) of this section, the person is found by	28777
the database review to be included in a database and the rules	28778
authorized by this section regarding the database review prohibit	28779
the provider from employing a person included in the database.	28780

(c) If the person is a person subject to the criminal records	28781
check requirement, either of the following applies:	28782

(i) The person fails to obtain the criminal records check	28783
after being given the information specified in division (G)(1) of	28784
this section.	28785

(ii) Except as provided in rules authorized by this section,	28786
the person is found by the criminal records check to have been	28787
convicted of or have pleaded guilty to a disqualifying offense,	28788
regardless of the date of the conviction or the date of entry of	28789
the guilty plea.	28790

(E)(1) The department or the department's designee shall	28791
inform each medicaid provider whether the provider is subject to a	28792
criminal records check. For providers with valid provider	28793
agreements, the information shall be given at times designated in	28794
rules authorized by this section. For providers applying to be	28795
medicaid providers, the information shall be given at the time of	28796
initial application. When the information is given, the department	28797
or the department's designee shall specify the following:	28798

(a) Which of the provider's owners or prospective owners,	28799
officers or prospective officers, or board members or prospective	28800
board members are subject to a criminal records check;	28801

(b) Which of the provider's employees or prospective	28802
employees are subject to division (C)(3) of this section.	28803

(2) At times designated in rules authorized by this section,	28804
a medicaid provider that is a person subject to the criminal	28805
records check requirement shall do the following:	28806

(a) Inform each person specified under division (E)(1)(a) of	28807
this section that the person is required to submit to a criminal	28808
records check as a condition of being an owner, officer, or board	28809
member of the provider;	28810

(b) Inform each person specified under division (E)(1)(b) of	28811
this section that the person is subject to division (C)(3) of this	28812
section.	28813

(F)(1) If a medicaid provider is a person subject to the	28814
criminal records check requirement, the department or the	28815
department's designee shall require the conduct of a criminal	28816
records check by the superintendent of the bureau of criminal	28817
identification and investigation. A medicaid provider shall	28818
require the conduct of a criminal records check by the	28819
superintendent with respect to each of the persons specified under	28820
division (E)(1)(a) of this section. With respect to each employee	28821
and prospective employee specified under division (E)(1)(b) of	28822
this section, a medicaid provider shall do the following:	28823

(a) If rules authorized by this section require the provider	28824
to conduct a database review to determine whether the employee or	28825
prospective employee is included in a database, conduct the	28826
database review in accordance with the rules;	28827

(b) Unless the provider is prohibited by division (D)(3)(b)	28828
of this section from employing the employee or prospective	28829
employee, require the conduct of a criminal records check of the	28830
employee or prospective employee by the superintendent.	28831

(2) If a person subject to the criminal records check	28832
requirement does not present proof of having been a resident of	28833
this state for the five-year period immediately prior to the date	28834
the criminal records check is requested or provide evidence that	28835
within that five-year period the superintendent has requested	28836
information about the person from the federal bureau of	28837
investigation in a criminal records check, the responsible entity	28838
shall require the person to request that the superintendent obtain	28839
information from the federal bureau of investigation as part of	28840
the criminal records check of the person. Even if the person	28841
presents proof of having been a resident of this state for the	28842
five-year period, the responsible entity may require that the	28843
person request that the superintendent obtain information from the	28844
federal bureau of investigation and include it in the criminal	28845
records check of the person.	28846

(G) Criminal records checks required by this section shall be	28847
obtained as follows:	28848

(1) The responsible entity shall provide each person subject	28849
to the criminal records check requirement information about	28850
accessing and completing the form prescribed pursuant to division	28851
(C)(1) of section 109.572 of the Revised Code and the standard	28852
impression sheet prescribed pursuant to division (C)(2) of that	28853
section.	28854

(2) The person subject to the criminal records check	28855
requirement shall submit the required form and one complete set of	28856
the person's fingerprint impressions directly to the	28857
superintendent for purposes of conducting the criminal records	28858
check using the applicable methods prescribed by division (C) of	28859
section 109.572 of the Revised Code. The person shall pay all fees	28860
associated with obtaining the criminal records check.	28861

(3) The superintendent shall conduct the criminal records	28862
check in accordance with section 109.572 of the Revised Code. The	28863
person subject to the criminal records check requirement shall	28864
instruct the superintendent to submit the report of the criminal	28865
records check directly to the responsible entity. If the	28866
department or the department's designee is not the responsible	28867
entity, the department or designee may require the responsible	28868
entity to submit the report to the department or designee.	28869

(H)(1) A medicaid provider may employ conditionally a person	28870
for whom a criminal records check is required by this section	28871
prior to obtaining the results of the criminal records check if	28872
both of the following apply:	28873

(a) The provider is not prohibited by division (D)(3)(b) of	28874
this section from employing the person.	28875

(b) The person submits a request for the criminal records	28876
check not later than five business days after the person begins	28877
conditional employment.	28878

(2) A medicaid provider that employs a person conditionally	28879
under division (H)(1) of this section shall terminate the person's	28880
employment if the results of the criminal records check request	28881
are not obtained within the period ending sixty days after the	28882
date the request is made. Regardless of when the results of the	28883
criminal records check are obtained, if the results indicate that	28884
the person has been convicted of or has pleaded guilty to a	28885
disqualifying offense, the provider shall terminate the person's	28886
employment unless circumstances specified in rules authorized by	28887
this section exist that permit the provider to employ the person	28888
and the provider chooses to employ the person.	28889

(I) The report of a criminal records check conducted pursuant	28890
to this section is not a public record for the purposes of section	28891
149.43 of the Revised Code and shall not be made available to any	28892
person other than the following:	28893

(1) The person who is the subject of the criminal records	28894
check or the person's representative;	28895

(2) The medicaid director and the staff of the department who	28896
are involved in the administration of the medicaid program;	28897

(3) The department's designee;

28898

(4) The medicaid provider who required the person who is the	28899
subject of the criminal records check to submit to the criminal	28900
records check;	28901

(5) An individual receiving or deciding whether to receive,	28902
from the subject of the criminal records check, home and	28903
community-based services available under the medicaid state plan;	28904

(6) A court, hearing officer, or other necessary individual	28905
involved in a case dealing with any of the following:	28906

(a) The denial or termination of a provider agreement;

28907

(b) A person's denial of employment, termination of	28908
employment, or employment or unemployment benefits;	28909

(c) A civil or criminal action regarding the medicaid	28910
program.	28911

(J) The medicaid director may adopt rules under section	28912
5164.02 of the Revised Code to implement this section. If the	28913
director adopts such rules, the rules shall designate the times at	28914
which a criminal records check must be conducted under this	28915
section. The rules may do any of the following:	28916

(1) Designate the categories of persons who are subject to a	28917
criminal records check under this section;	28918

(2) Specify circumstances under which the department or the	28919
department's designee may continue a provider agreement or issue a	28920
provider agreement when the medicaid provider is found by a	28921
criminal records check to have been convicted of, pleaded guilty	28922
to, or been found eligible for intervention in lieu of conviction	28923
for a disqualifying offense;	28924

(3) Specify circumstances under which a medicaid provider may	28925
permit a person to be an employee, owner, officer, or board member	28926
of the provider when the person is found by a criminal records	28927
check conducted pursuant to this section to have been convicted of	28928
or have pleaded guilty to a disqualifying offense;	28929

(4) Specify all of the following:

28930

(a) The circumstances under which a database review must be	28931
conducted under division (F)(1)(a) of this section to determine	28932
whether an employee or prospective employee of a medicaid provider	28933
is included in a database;	28934

(b) The procedures for conducting the database review;

28935

28936

(d) The circumstances under which a medicaid provider is	28937
prohibited from employing a person who is found by the database	28938
review to be included in a database.	28939

Sec. 5165.10. (A) Except as provided in division ~~(D)~~(C) of	28940
this section, each nursing facility provider shall file with the	28941
department of medicaid an annual cost report for each of the	28942
provider's nursing facilities that participate in the medicaid	28943
program. The cost report for a year shall cover the calendar year	28944
or the portion of the calendar year during which the nursing	28945
facility participated in the medicaid program. Except as provided	28946
in division ~~(E)~~(D) of this section, the cost report is due not	28947
later than ninety days after the end of the calendar year, or	28948
portion of the calendar year, that the cost report covers.	28949

(B) If a nursing facility undergoes a change of provider that	28950
the department determines, in accordance with rules adopted under	28951
section 5165.02 of the Revised Code, is not an arm's length	28952
transaction, the new provider shall file the nursing facility's	28953
cost report in accordance with division (A) of this section and	28954
the cost report shall cover the portion of the calendar year	28955
during which the new provider operated the nursing facility and	28956
the portion of the calendar year during which the previous	28957
provider operated the nursing facility.	28958

(C) ~~If the medicaid payment rate for a new nursing facility~~	28959
~~was most recently determined in accordance with section 5165.151~~	28960
~~of the Revised Code, the provider shall file with the department a~~	28961
~~cost report for the new nursing facility not later than, except as~~	28962
~~provided in division (E) of this section, ninety days after the~~	28963
~~end of the new nursing facility's first three full calendar months~~	28964
~~of operation. The cost report shall cover the period that begins~~	28965
~~with the nursing facility's first day of operation and ends on the~~	28966
~~first day of the month immediately following the first three full~~	28967
~~months of operation.~~	28968

~~(D) A nursing facility~~The provider of a new nursing facility	28969
is not required to file a cost report ~~for a nursing facility for a~~	28970
~~calendar year~~ in accordance with division (A) of this section for	28971
the first calendar year that the provider has a provider agreement	28972
for the nursing facility if the ~~provider files a cost report for~~	28973
~~the nursing facility under division (C) of this section and that~~	28974
~~cost report covers a period that begins~~initial provider agreement	28975
goes into effect after the first day of October of that calendar	28976
year. The provider shall file a cost report for the nursing	28977
facility in accordance with division (A) of this section for the	28978
immediately following calendar year.	28979

~~(E)~~(D) The department may grant to a provider a fourteen-day	28980
extension to file a cost report under this section if the provider	28981
provides the department a written request for the extension and	28982
the department determines that there is good cause for the	28983
extension.	28984

Sec. 5165.106. If a nursing facility provider required by	28985
section 5165.10 of the Revised Code to file a cost report for the	28986
nursing facility fails to file the cost report by the date it is	28987
due or the date, if any, to which the due date is extended	28988
pursuant to division ~~(E)~~(D) of that section, or files an	28989
incomplete or inadequate report for the nursing facility under	28990
that section, the department of medicaid shall provide immediate	28991
written notice to the provider that the provider agreement for the	28992
nursing facility will be terminated in thirty days unless the	28993
provider submits a complete and adequate cost report for the	28994
nursing facility within thirty days. During the thirty-day	28995
termination period or any additional time allowed for an appeal of	28996
the proposed termination of a provider agreement, the provider	28997
shall be paid the nursing facility's then current per medicaid day	28998
payment rate, minus the dollar amount by which nursing facility's	28999
per medicaid day payment rates are reduced during fiscal year 2013	29000
in accordance with division (A)(2) of section 5111.26 of the	29001
Revised Code (renumbered as section 5165.10 of the Revised Code by	29002
H.B. 59 of the 130th general assembly) as that section existed on	29003
the day immediately preceding ~~the effective date of this section~~	29004
September 29, 2013. On the first day of each July, the department	29005
shall adjust the amount of the reduction in effect during the	29006
previous twelve months to reflect the rate of inflation during the	29007
preceding twelve months, as shown in the consumer price index for	29008
all items for all urban consumers for the north central region,	29009
published by the United States bureau of labor statistics.	29010

Sec. 5165.15. (A) Except as otherwise provided by sections	29011
5165.151 to ~~5165.156~~5165.157 and 5165.34 of the Revised Code, the	29012
total per medicaid day payment rate that the department of	29013
medicaid shall pay a nursing facility provider for nursing	29014
facility services the provider's nursing facility provides during	29015
a fiscal year shall equal the sum of all of the following:	29016

(1) The per medicaid day payment rate for ancillary and	29017
support costs determined for the nursing facility under section	29018
5165.16 of the Revised Code;	29019

(2) The per medicaid day payment rate for capital costs	29020
determined for the nursing facility under section 5165.17 of the	29021
Revised Code;	29022

(3) The per medicaid day payment rate for direct care costs	29023
determined for the nursing facility under section 5165.19 of the	29024
Revised Code;	29025

(4) The per medicaid day payment rate for tax costs	29026
determined for the nursing facility under section 5165.21 of the	29027
Revised Code;	29028

(5) If the nursing facility qualifies as a critical access	29029
nursing facility, the nursing facility's critical access incentive	29030
payment paid under section 5165.23 of the Revised Code;	29031

(6) The quality incentive payment paid to the nursing	29032
facility under section 5165.25 of the Revised Code.	29033

(B) In addition to paying a nursing facility provider the	29034
nursing facility's total rate determined under division (A) of	29035
this section for a fiscal year, the department shall pay the	29036
provider a quality bonus under section 5165.26 of the Revised Code	29037
for that fiscal year if the provider's nursing facility is a	29038
qualifying nursing facility, as defined in that section, for that	29039
fiscal year. The quality bonus shall not be part of the total	29040
rate.	29041

~~Sec. 323.280.~~ Sec. 5165.157. ~~ALTERNATIVE PURCHASING MODEL FOR~~	29042
~~NURSING FACILITY SERVICES~~	29043

~~As used in this section, "Medicaid waiver component" has the~~	29044
~~same meaning as in section 5166.01 of the Revised Code.~~	29045

~~The Medicaid Director~~(A) The medicaid director may	29046
establish~~, as a Medicaid waiver component,~~ an alternative	29047
purchasing model for nursing facility services provided~~, during~~	29048
~~the period beginning July 1, 2013, and ending July 1, 2015,~~by	29049
designated discrete units of nursing facilities to ~~Medicaid~~	29050
medicaid recipients with specialized health care needs~~, including~~	29051
~~recipients dependent on ventilators, recipients who have severe~~	29052
~~traumatic brain injury, and recipients who would be admitted to~~	29053
~~long-term acute care hospitals or rehabilitation hospitals if they~~	29054
~~did not receive nursing facility services~~. If ~~established,~~ the	29055
alternative purchasing model is established, the director shall do	29056
all of the following with regard to the model:	29057

~~(A) Recognize a connection between enhanced Medicaid payment~~	29058
~~rates and improved health outcomes capable of being measured;~~	29059

~~(B) Include~~(1) Establish criteria ~~for identifying Medicaid~~	29060
that a discrete unit of a nursing facility must meet to be	29061
designated as a unit that, under the alternative purchasing model,	29062
may admit and provide nursing facility services to medicaid	29063
recipients with specialized health care needs;	29064

~~(C) Include procedures for ensuring that Medicaid recipients~~	29065
~~identified pursuant to division (B) of this section receive~~	29066
~~nursing facility services under the alternative purchasing model~~	29067
(2) Specify the health care conditions that medicaid recipients	29068
must have to have specialized health care needs, which may include	29069
dependency on a ventilator, severe traumatic brain injury, the	29070
need to be admitted to a long-term acute care hospital or	29071
rehabilitation hospital if not for nursing facility services, and	29072
other serious health care conditions;	29073

(3) For each fiscal year, set the total per medicaid day	29074
payment rate for nursing facility services provided under the	29075
alternative purchasing model at either of the following:	29076

(a) Sixty per cent of the statewide average of the total per	29077
medicaid day payment rate for long-term acute care hospital	29078
services as of the first day of the fiscal year;	29079

(b) Another amount determined in accordance with an	29080
alternative methodology that includes improved health outcomes as	29081
a factor in determining the payment rate;	29082

(4) Require, to the extent the director considers necessary,	29083
a medicaid recipient to obtain prior authorization for admission	29084
to a long-term acute care hospital or rehabilitation hospital as a	29085
condition of medicaid payment for long-term acute care hospital or	29086
rehabilitation hospital services.	29087

~~The~~(B) The criteria established under division (A)(1) of	29088
this section shall provide for a discrete unit of a nursing	29089
facility to be excluded from the alternative purchasing model if	29090
the unit is paid for nursing facility services in accordance with	29091
section 5165.153, 5165.154, or 5165.156 of the Revised Code. The	29092
criteria may require the provider of a nursing facility that has a	29093
discrete unit designated for participation in the alternative	29094
purchasing model to report health outcome measurement data to the	29095
department of medicaid.	29096

(C) A discrete unit of a nursing facility that provides	29097
nursing facility services to medicaid recipients with specialized	29098
health care needs under the alternative purchasing model shall be	29099
paid for those services in accordance with division (A)(3) of this	29100
section instead of the total per ~~Medicaid~~medicaid day payment	29101
rate ~~for nursing facility services provided under the alternative~~	29102
~~purchasing model may differ from the rate that would otherwise be~~	29103
~~paid pursuant to Chapter 5165.~~determined under section 5165.15,	29104
5165.153, 5165.154, or 5165.156 of the Revised Code.	29105

Sec. 5165.23. (A) Each fiscal year, the department of	29106
medicaid shall determine the critical access incentive payment for	29107
each nursing facility that qualifies as a critical access nursing	29108
facility. To qualify as a critical access nursing facility for a	29109
fiscal year, a nursing facility must meet all of the following	29110
requirements:	29111

(1) The nursing facility must be located in an area that, on	29112
December 31, 2011, was designated an empowerment zone under the	29113
"Internal Revenue Code of 1986," section 1391, 26 U.S.C. 1391.	29114

(2) The nursing facility must have an occupancy rate of at	29115
least eighty-five per cent as of the last day of the calendar year	29116
immediately preceding the fiscal year.	29117

(3) The nursing facility must have a medicaid utilization	29118
rate of at least sixty-five per cent as of the last day of the	29119
calendar year immediately preceding the fiscal year.	29120

(4) The nursing facility must have been awarded at least five	29121
points for meeting accountability measures under section 5165.25	29122
of the Revised Code for the fiscal year and at least one of the	29123
five points must have been awarded for meeting the ~~following:~~	29124

~~(a) For fiscal year 2014, the accountability measures~~	29125
~~identified in divisions (C)(10), (11), (12), and (13) of section~~	29126
~~5165.25 of the Revised Code;~~	29127

~~(b) For fiscal year 2015 and each fiscal year thereafter, the~~	29128
accountability measures identified in divisions ~~(D)~~(C)(9), (10),	29129
(11), (12), and (14) of section 5165.25 of the Revised Code.	29130

(B) A critical access nursing facility's critical access	29131
incentive payment for a fiscal year shall equal five per cent of	29132
the portion of the nursing facility's total rate for the fiscal	29133
year that is the sum of the rates and payment identified in	29134
divisions (A)(1) to (4) and (6) of section 5165.15 of the Revised	29135
Code.	29136

Sec. 5165.25. (A) As used in this section:

29137

(1) "Complaint surveys" has the same meaning as in 42 C.F.R.	29138
488.30.	29139

(2) "Customer satisfaction survey" means the annual survey of	29140
long-term care facilities required by section 173.47 of the	29141
Revised Code.	29142

(3) "Deficiency" has the same meaning as in 42 C.F.R.	29143
488.301.	29144

(4) "Exempted hospital discharge" has the same meaning as in	29145
42 C.F.R. 483.106(b)(2)(i).	29146

(5) "Family satisfaction survey" means a customer	29147
satisfaction survey, or part of a customer satisfaction survey,	29148
that contains the results of information obtained from the	29149
families of a nursing facility's residents.	29150

(6) "Minimum data set" means the standardized, uniform	29151
comprehensive assessment of nursing facility residents that is	29152
used to identify potential problems, strengths, and preferences of	29153
residents and is part of the resident assessment instrument	29154
required by the "Social Security Act," section 1919(e)(5), 42	29155
U.S.C. 1396r(e)(5).	29156

(7) "Nurse aide" has the same meaning as in section 3721.21	29157
of the Revised Code.	29158

(8) "Person-centered method of medication delivery" means a	29159
method of delivering medication to a nursing facility resident	29160
that allows flexibility in the time at which medication is	29161
administered to the resident to reflect the resident's	29162
preferences. "Person-centered method of medication delivery" may	29163
include utilization of a locked medication cabinet in a nursing	29164
facility resident's room.	29165

(9) "Resident satisfaction survey" means a customer	29166
satisfaction survey, or part of a customer satisfaction survey,	29167
that contains the results of information obtained from a nursing	29168
facility's residents.	29169

~~(9) "Room mirror" means a mirror that is located in either of~~	29170
~~the following rooms:~~	29171

~~(a) A resident bathroom if the sink used by a resident after~~	29172
~~the resident uses the resident bathroom is in the resident~~	29173
~~bathroom;~~	29174

~~(b) A resident's room if the sink used by a resident after~~	29175
~~the resident uses the resident bathroom is in the resident's room.~~	29176

~~(10) "Room sink" means a sink that is located in either of~~	29177
~~the following rooms:~~	29178

~~(a) A resident bathroom if the sink used by a resident after~~	29179
~~the resident uses the resident bathroom is in the resident~~	29180
~~bathroom;~~	29181

~~(b) A resident's room if the sink used by a resident after~~	29182
~~the resident uses the resident bathroom is in the resident's room.~~	29183

~~(11)~~(10) "Standard survey" has the same meaning as in 42	29184
C.F.R. 488.301.	29185

~~(12)~~(11) "Special focus facility list" means the list of	29186
nursing facilities that the United States department of health and	29187
human services creates under the special focus facility program	29188
required by the "Social Security Act," section 1919(f)(10), 42	29189
U.S.C. 1396r(f)(10).	29190

~~(13)~~(12) "Substantial wall" means a permanent structure that	29191
reaches from floor to ceiling and divides a semiprivate room into	29192
two distinct living spaces, each with its own window.	29193

~~(14)~~(13) "Table B of the special focus facility list" means	29194
the table included in the special focus facility list that	29195
identifies nursing facilities that have not improved.	29196

(B)(1) Each fiscal year, the department of medicaid shall	29197
determine each nursing facility's quality incentive payment.	29198
Subject to ~~divisions~~division (B)(2) ~~and (3)~~ of this section, the	29199
per medicaid day amount of a quality incentive payment paid to a	29200
nursing facility provider shall be the product of the following:	29201

(a) The number of points the provider's nursing facility is	29202
awarded for meeting accountability measures under this section;	29203

(b) Three dollars and twenty-nine cents.

29204

(2) ~~The maximum quality incentive payment that may be paid to~~	29205
~~a nursing facility provider for fiscal year 2014 shall be sixteen~~	29206
~~dollars and forty-four cents per medicaid day.~~	29207

~~(3)~~ The maximum quality incentive payment that may be paid to	29208
a nursing facility provider for fiscal year 2015 and each fiscal	29209
year thereafter shall be the following:	29210

(a) Sixteen dollars and forty-four cents if at least one of	29211
the points awarded to the nursing facility for meeting	29212
accountability measures is for an accountability measure	29213
identified in division ~~(D)~~(C)(9), (10), (11), (12), (13), or (14)	29214
of this section;	29215

(b) Thirteen dollars and sixteen cents if division	29216
(B)~~(3)~~(2)(a) of this section does not apply.	29217

(C) ~~For fiscal year 2014 only and subject to division (E) of~~	29218
~~this section, the department shall award each nursing facility~~	29219
~~participating in the medicaid program one point for each of the~~	29220
~~following accountability measures the facility meets:~~	29221

~~(1) The facility's overall score on its resident satisfaction~~	29222
~~survey is at least eighty-six.~~	29223

~~(2) The facility's overall score on its family satisfaction~~	29224
~~survey is at least eighty-eight.~~	29225

~~(3) The facility satisfies the requirements for participation~~	29226
~~in the advancing excellence in America's nursing homes campaign.~~	29227

~~(4) The facility had neither of the following on the~~	29228
~~facility's most recent standard survey conducted not later than~~	29229
~~the last day of the calendar year immediately preceding the fiscal~~	29230
~~year for which the point is to be awarded or any complaint surveys~~	29231
~~conducted in the calendar year immediately preceding the fiscal~~	29232
~~year for which the point is to be awarded:~~	29233

~~(a) A health deficiency with a scope and severity level~~	29234
~~greater than F;~~	29235

~~(b) A deficiency that constitutes a substandard quality of~~	29236
~~care.~~	29237

~~(5) The facility offers at least fifty per cent of its~~	29238
~~residents at least one of the following dining choices for at~~	29239
~~least one meal each day:~~	29240

~~(a) Restaurant-style dining in which food is brought from the~~	29241
~~food preparation area to residents per the residents' orders;~~	29242

~~(b) Buffet-style dining in which residents obtain their own~~	29243
~~food, or have the facility's staff bring food to them per the~~	29244
~~residents' directions, from the buffet;~~	29245

~~(c) Family-style dining in which food is customarily served~~	29246
~~on a serving dish and shared by residents;~~	29247

~~(d) Open dining in which residents have at least a two-hour~~	29248
~~period to choose when to have a meal;~~	29249

~~(e) Twenty-four-hour dining in which residents may order~~	29250
~~meals from the facility any time of the day.~~	29251

~~(6) At least fifty per cent of the facility's residents are~~	29252
~~able to take a bath or shower as often as they choose.~~	29253

~~(7) The facility has at least both of the following scores on~~	29254
~~its resident satisfaction survey:~~	29255

~~(a) With regard to the question in the survey regarding~~	29256
~~residents' ability to choose when to go to bed in the evening, at~~	29257
~~least eighty-nine;~~	29258

~~(b) With regard to the question in the survey regarding~~	29259
~~residents' ability to choose when to get out of bed in the~~	29260
~~morning, at least seventy-six.~~	29261

~~(8) The facility has at least both of the following scores on~~	29262
~~its family satisfaction survey:~~	29263

~~(a) With regard to the question in the survey regarding~~	29264
~~residents' ability to choose when to go to bed in the evening, at~~	29265
~~least eighty-eight;~~	29266

~~(b) With regard to the question in the survey regarding~~	29267
~~residents' ability to choose when to get out of bed in the~~	29268
~~morning, at least seventy-five.~~	29269

~~(9) All of the following apply to the facility:~~

29270

~~(a) At least seventy-five per cent of the facility's~~	29271
~~residents have the opportunity, following admission to the~~	29272
~~facility and before completing or quarterly updating their~~	29273
~~individual plans of care, to discuss their goals for the care they~~	29274
~~are to receive at the facility, including their preferences for~~	29275
~~advance care planning, with a member of the residents' health care~~	29276
~~teams that the facility, residents, and residents' sponsors~~	29277
~~consider appropriate.~~	29278

~~(b) The facility records the residents' care goals, including~~	29279
~~the residents' advance care planning preferences, in their medical~~	29280
~~records.~~	29281

~~(c) The facility uses the residents' care goals, including~~	29282
~~the residents' advance care planning preferences, in the~~	29283
~~development of the residents' individual plans of care.~~	29284

~~(10) Not more than thirteen and thirty-five hundredths per~~	29285
~~cent of the facility's long-stay residents report severe to~~	29286
~~moderate pain during the minimum data set assessment process.~~	29287

~~(11) Not more than five and seventy-three hundredths per cent~~	29288
~~of the facility's long-stay, high-risk residents have been~~	29289
~~assessed as having one or more stage two, three, or four pressure~~	29290
~~ulcers during the minimum data set assessment process.~~	29291

~~(12) Not more than one and fifty-two hundredths per cent of~~	29292
~~the facility's long-stay residents were physically restrained as~~	29293
~~reported during the minimum data set assessment process.~~	29294

~~(13) Less than seven and seventy-eight hundredths per cent of~~	29295
~~the facility's long-stay residents had a urinary tract infection~~	29296
~~as reported during the minimum data set assessment process.~~	29297

(~~14) The facility uses a tool for tracking residents'~~	29298
~~admissions to hospitals.~~	29299

~~(15) An average of at least fifty per cent of the facility's~~	29300
~~medicaid-certified beds are in private rooms.~~	29301

~~(16) The facility has accessible resident bathrooms, all of~~	29302
~~which meet at least two of the following standards and at least~~	29303
~~some of which meet all of the following standards:~~	29304

~~(a) There are room mirrors that are accessible to residents~~	29305
~~in wheelchairs, can be adjusted so as to be visible to residents~~	29306
~~who are seated or standing, or both.~~	29307

~~(b) There are room sinks that are accessible to residents in~~	29308
~~wheelchairs and have clearance for wheelchairs.~~	29309

~~(c) There are room sinks that have faucets with adaptive or~~	29310
~~easy-to-use lever or paddle handles.~~	29311

~~(17) The facility does both of the following:~~

29312

~~(a) Maintains a written policy that prohibits the use of~~	29313
~~overhead paging systems or limits the use of overhead paging~~	29314
~~systems to emergencies, as defined in the policy;~~	29315

~~(b) Communicates the policy to its staff, residents, and~~	29316
~~families of residents.~~	29317

~~(18) The facility has a score of at least ninety on its~~	29318
~~resident satisfaction survey with regard to the question in the~~	29319
~~survey regarding residents' ability to personalize their rooms~~	29320
~~with personal belongings.~~	29321

~~(19) The facility has a score of at least ninety-five on its~~	29322
~~family satisfaction survey with regard to the question in the~~	29323
~~survey regarding residents' ability to personalize their rooms~~	29324
~~with personal belongings.~~	29325

~~(20) The facility does both of the following:~~

29326

~~(a) Maintains a written policy that requires consistent~~	29327
~~assignment of nurse aides and specifies the goal of having a~~	29328
~~resident receive nurse aide care from not more than eight~~	29329
~~different nurse aides during a thirty-day period;~~	29330

~~(b) Communicates the policy to its staff, residents, and~~	29331
~~families of residents.~~	29332

~~(21) The facility's staff retention rate is at least~~	29333
~~seventy-five per cent.~~	29334

~~(22) The facility's turnover rate for nurse aides is not~~	29335
~~higher than sixty-five per cent.~~	29336

~~(23) For at least fifty per cent of the resident care~~	29337
~~conferences in the facility, a nurse aide who is a primary~~	29338
~~caregiver for the resident attends and participates in the~~	29339
~~conference.~~	29340

~~(D)~~ For fiscal year 2015 and each fiscal year thereafter and	29341
subject to division ~~(E)~~(D) of this section, the department shall	29342
award each nursing facility participating in the medicaid program	29343
one point for each of the following accountability measures the	29344
facility meets:	29345

(1) The facility's overall score on its resident satisfaction	29346
survey is at least eighty-seven and five-tenths.	29347

(2) The facility's overall score on its family satisfaction	29348
survey is at least eighty-five and nine-tenths.	29349

(3) The facility satisfies the requirements for participation	29350
in the advancing excellence in America's nursing homes campaign.	29351

(4) Both of the following apply to the facility:

29352

(a) The facility had not been listed on table B of the	29353
special focus facility list for eighteen or more consecutive	29354
months during any time during the calendar year immediately	29355
preceding the fiscal year for which the point is to be awarded.	29356

(b) The facility had neither of the following on the	29357
facility's most recent standard survey conducted not later than	29358
the last day of the calendar year immediately preceding the fiscal	29359
year for which the point is to be awarded or any complaint surveys	29360
conducted in the calendar year immediately preceding the fiscal	29361
year for which the point is to be awarded:	29362

(i) A health deficiency with a scope and severity level	29363
greater than F;	29364

(ii) A deficiency that constitutes a substandard quality of	29365
care.	29366

(5) The facility does all of the following:

29367

(a) Offers at least fifty per cent of its residents at least	29368
one of the following dining choices for at least two meals each	29369
day:	29370

(i) Restaurant-style dining in which food is brought from the	29371
food preparation area to residents per the residents' orders;	29372

(ii) Buffet-style dining in which residents obtain their own	29373
food, or have the facility's staff bring food to them per the	29374
residents' directions, from the buffet;	29375

(iii) Family-style dining in which food is customarily served	29376
on a serving dish and shared by residents;	29377

(iv) Open dining in which residents have at least a two-hour	29378
period to choose when to have a meal;	29379

(v) Twenty-four-hour dining in which residents may order	29380
meals from the facility any time of the day.	29381

(b) Maintains a written policy specifying the manner or	29382
manners in which residents' dining choices for meals are offered;	29383

(c) Communicates the policy to its staff, residents, and	29384
families of residents.	29385

(6) The facility does all of the following:

29386

(a) Enables at least fifty per cent of the facility's	29387
residents to take a bath or shower when they choose;	29388

(b) Maintains a written policy regarding residents' choices	29389
in bathing;	29390

(c) Communicates the policy to its staff, residents, and	29391
families of residents.	29392

(7) The facility has at least both of the following scores on	29393
its resident satisfaction survey:	29394

(a) With regard to the question in the survey regarding	29395
residents' ability to choose when to go to bed in the evening, at	29396
least eighty-nine;	29397

(b) With regard to the question in the survey regarding	29398
residents' ability to choose when to get out of bed in the	29399
morning, at least seventy-six.	29400

(8) The facility has at least both of the following scores on	29401
its family satisfaction survey:	29402

(a) With regard to the question in the survey regarding	29403
residents' ability to choose when to go to bed in the evening, at	29404
least eighty-eight;	29405

(b) With regard to the question in the survey regarding	29406
residents' ability to choose when to get out of bed in the	29407
morning, at least seventy-five.	29408

(9) Not more than thirteen and thirty-five hundredths per	29409
cent of the facility's long-stay residents report severe to	29410
moderate pain during the minimum data set assessment process.	29411

(10) Not more than five and sixteen hundredths per cent of	29412
the facility's long-stay, high-risk residents have been assessed	29413
as having one or more stage two, three, or four pressure ulcers	29414
during the minimum data set assessment process.	29415

(11) Not more than one and fifty-two hundredths per cent of	29416
the facility's long-stay residents were physically restrained as	29417
reported during the minimum data set assessment process.	29418

(12) Less than seven per cent of the facility's long-stay	29419
residents had a urinary tract infection as reported during the	29420
minimum data set assessment process.	29421

(13) The facility does both of the following:

29422

(a) Uses a tool for tracking residents' admissions to	29423
hospitals;	29424

(b) Annually reports to the department data on hospital	29425
admissions by month for all residents.	29426

(14) Both of the following apply:

29427

(a) At least ninety-five per cent of the facility's long-stay	29428
residents are vaccinated against pneumococcal pneumonia, decline	29429
the vaccination, or are not vaccinated because the vaccination is	29430
medically contraindicated.	29431

(b) At least ninety-three per cent of the facility's	29432
long-stay residents are vaccinated against seasonal influenza,	29433
decline the vaccination, or are not vaccinated because the	29434
vaccination is medically contraindicated.	29435

(15) An average of at least fifty per cent of the facility's	29436
medicaid-certified beds are in either, or in a combination of	29437
both, of the following:	29438

(a) Private rooms;

29439

(b) Semiprivate rooms to which all of the following apply:

29440

(i) Each room provides a distinct territory for each resident	29441
occupying the room.	29442

(ii) Each distinct territory has a window and is separated by	29443
a substantial wall from the other distinct territories in the	29444
room.	29445

(iii) Each resident is able to enter and exit the distinct	29446
territory of the resident's room without entering or exiting	29447
another resident's distinct territory.	29448

(iv) Complete visual privacy for each distinct territory may	29449
be obtained by drawing a curtain or other screen.	29450

(16) The facility obtains at least a ninety-five per cent	29451
compliance rate with requesting resident reviews required by 42	29452
C.F.R. 483.106(b)(2)(ii) for individuals who are exempted hospital	29453
discharges.	29454

(17) The facility does both of the following:

29455

(a) Maintains a written policy that requires consistent	29456
assignment of nurse aides and specifies the goal of having a	29457
resident receive nurse aide care from not more than twelve	29458
different nurse aides during a thirty-day period;	29459

(b) Communicates the policy to its staff, residents, and	29460
families of residents.	29461

(18) The facility's staff retention rate is at least	29462
seventy-five per cent.	29463

(19) The facility's turnover rate for nurse aides is not	29464
higher than sixty-five per cent.	29465

(20) For at least fifty per cent of the resident care	29466
conferences in the facility, a nurse aide who is a primary	29467
caregiver for the resident attends and participates in the	29468
conference.	29469

(21) All of the following apply to the facility:

29470

(a) At least seventy-five per cent of the facility's	29471
residents have the opportunity, following admission to the	29472
facility and before completing or quarterly updating their	29473
individual plans of care, to discuss their goals for the care they	29474
are to receive at the facility, including their preferences for	29475
advance care planning, with a member of the residents' health care	29476
teams that the facility, residents, and residents' sponsors	29477
consider appropriate.	29478

(b) The facility records the residents' care goals, including	29479
the residents' advance care planning preferences, in their medical	29480
records.	29481

(c) The facility uses the residents' care goals, including	29482
the residents' advance care planning preferences, in the	29483
development of the residents' individual plans of care.	29484

(22) The facility does both of the following:

29485

(a) Maintains a written policy that prohibits the use of	29486
overhead paging systems or limits the use of overhead paging	29487
systems to emergencies, as defined in the policy;	29488

(b) Communicates the policy to its staff, residents, and	29489
families of residents.	29490

(23) The facility employs, for at least forty hours per week,	29491
at least one independent social worker or social worker licensed	29492
under Chapter 4757. of the Revised Code.	29493

(24) The facility utilizes a person-centered method of	29494
medication delivery for its residents instead of utilizing a	29495
medication cart to deliver medication to its residents.	29496

~~(E)~~(D)(1) To be awarded a point for meeting an accountability	29497
measure under division (C) ~~or (D)~~ of this section other than the	29498
accountability measure identified in ~~divisions (C)(4) and (D)~~	29499
division (C)(4)(b) of this section, a nursing facility must meet	29500
the accountability measure in the calendar year immediately	29501
preceding the fiscal year for which the point is to be awarded.	29502

(2) The department shall award points pursuant to divisions	29503
(C)(1)~~, (7), and (18) and (D)(1)~~ and (7) of this section to a	29504
nursing facility only if a resident satisfaction survey was	29505
initiated under section 173.47 of the Revised Code for the nursing	29506
facility in the calendar year immediately preceding the fiscal	29507
year for which the points are to be awarded.	29508

(3) The department shall award points pursuant to divisions	29509
(C)(2)~~, (8), and (19) and (D)(2)~~ and (8) of this section to a	29510
nursing facility only if a family satisfaction survey was	29511
initiated under section 173.47 of the Revised Code for the nursing	29512
facility in the calendar year immediately preceding the fiscal	29513
year for which the points are to be awarded.	29514

(4) The department shall award points pursuant to divisions	29515
~~(D)~~(C)(21) and (22) of this section only for fiscal year 2015.	29516

(5) ~~Not later than July 1, 2013, the department shall adjust~~	29517
~~the score used for the purpose of division (C)(8)(b) of this~~	29518
~~section in a manner that causes at least fifty per cent of nursing~~	29519
~~facilities to meet division (C)(8)(b) of this section~~The	29520
department shall award points pursuant to divisions (C)(23) and	29521
(24) of this section beginning in fiscal year 2016.	29522

~~(F) Not later than July 1, 2014, the department shall submit,~~	29523
~~in accordance with section 101.68 of the Revised Code,~~	29524
~~recommendations to the general assembly for accountability~~	29525
~~measures to replace the accountability measures identified in~~	29526
~~divisions (D)(21) and (22) of this section.~~	29527

~~(G) Rules adopted under section 5165.02 of the Revised Code~~	29528
~~may specify what is meant by "some" as that word is used in~~	29529
~~division (C)(16) of this section.~~	29530

Sec. 5165.65. (A) ~~At the conclusion of each~~A department of	29531
health survey team shall conclude each survey of a nursing	29532
facility not later than one business day after the survey team	29533
ceases to need to be on site at the facility for the survey. Not	29534
later than the day that the survey team concludes the survey, the	29535
~~department of health~~ survey team shall conduct an exit interview	29536
with the administrator or other person in charge of the ~~nursing~~	29537
facility and any other facility staff members designated by the	29538
administrator or person in charge of the facility. During the exit	29539
interview, at the request of the administrator or other person in	29540
charge of the facility, the survey team shall provide one of the	29541
following, as selected by the survey team:	29542

(1) Copies of all survey notes and any other written	29543
materials created during the survey;	29544

(2) A written summary of the survey team's recommendations	29545
regarding findings of noncompliance with certification	29546
requirements;	29547

(3) An audio or audiovisual recording of the interview. If	29548
the survey team selects this option, at least two copies of the	29549
recording shall be made and the survey team shall select one copy	29550
to be kept by the survey team for use by the department of health.	29551

(B) All expenses of copying under division (A)(1) of this	29552
section or recording under division (A)(3) of this section,	29553
including the cost of the copy of the recording kept by the survey	29554
team, shall be paid by the facility.	29555

Sec. 5165.68. (A) Not later than ten days after an exit	29556
interview, including an exit interview at which a department of	29557
health survey team discloses a finding that immediate jeopardy	29558
exists, the department of health shall deliver to the nursing	29559
facility a detailed statement, titled a statement of deficiencies,	29560
setting forth all findings and deficiencies cited on the basis of	29561
the survey, including any finding cited pursuant to division (E)	29562
of section 5165.66 of the Revised Code. The statement shall	29563
indicate the severity and scope level of each finding and fully	29564
describe the incidents or other facts that form the basis of the	29565
department's determination of the existence of each finding and	29566
deficiency. A failure by the survey team to completely disclose in	29567
the exit interview every finding that may result from the survey	29568
does not affect the validity of any finding or deficiency cited in	29569
the statement of deficiencies. On request of the facility, the	29570
department shall provide a copy of any written worksheet or other	29571
document produced by the survey team in making recommendations	29572
regarding scope and severity levels of findings and deficiencies.	29573

(B) At the same time the department of health delivers a	29574
statement of deficiencies, it also shall deliver to the facility a	29575
separate written notice that states all of the following:	29576

(1) That the department of medicaid or a contracting agency	29577
will issue an order under section 5165.84 of the Revised Code	29578
denying payment for any medicaid eligible residents admitted on	29579
and after the effective date of the order if the facility does not	29580
substantially correct, within ninety days after the exit	29581
interview, the deficiency or deficiencies cited in the statement	29582
of deficiencies in accordance with the plan of correction it	29583
submitted under section 5165.69 of the Revised Code;	29584

(2) If a condition of substandard care has been cited on the	29585
basis of a standard survey and a condition of substandard care was	29586
also cited on the immediately preceding standard survey, that the	29587
department of medicaid or a contracting agency will issue an order	29588
under section 5165.84 of the Revised Code denying payment for any	29589
medicaid eligible residents admitted on and after the effective	29590
date of the order if a condition of substandard care is cited on	29591
the basis of the next standard survey;	29592

(3) That the department of medicaid or a contracting agency	29593
will issue an order under section 5165.88 of the Revised Code	29594
terminating the facility's participation in the medicaid program	29595
if either of the following applies:	29596

(a) The facility does not substantially correct the	29597
deficiency or deficiencies in accordance with the plan of	29598
correction it submitted under section 5165.69 of the Revised Code	29599
within six months after the exit interview.	29600

(b) The facility substantially corrects the deficiency or	29601
deficiencies within the six-month period, but after correcting it,	29602
the department of health, based on a follow-up survey conducted	29603
during the remainder of the six-month period, determines that the	29604
facility has failed to maintain compliance with certification	29605
requirements.	29606

Sec. 5513.01. (A) ~~All~~The director of transportation shall	29607
make all purchases of machinery, materials, supplies, or other	29608
articles ~~that the director of transportation makes shall be~~ in the	29609
manner provided in this section. In all cases except those in	29610
which the director provides written authorization for purchases by	29611
district deputy directors of transportation, the director shall	29612
make all such purchases ~~shall be made~~ at the central office of the	29613
department of transportation in Columbus. Before making any	29614
purchase at that office, the director, as provided in this	29615
section, shall give notice to bidders of the director's intention	29616
to purchase. Where the expenditure does not exceed the amount	29617
applicable to the purchase of supplies specified in division (B)	29618
of section 125.05 of the Revised Code, as adjusted pursuant to	29619
division (D) of that section, the director shall give such notice	29620
as the director considers proper, or the director may make the	29621
purchase without notice. Where the expenditure exceeds the amount	29622
applicable to the purchase of supplies specified in division (B)	29623
of section 125.05 of the Revised Code, as adjusted pursuant to	29624
division (D) of that section, the director shall give notice by	29625
posting for not less than ten days a written, typed, or printed	29626
invitation to bidders on a bulletin board~~, which~~. The director	29627
shall ~~be located~~locate the notice in a place in the offices	29628
assigned to the department and open to the public during business	29629
hours. ~~Producers~~	29630

Producers or distributors of any product may notify the	29631
director, in writing, of the class of articles for the furnishing	29632
of which they desire to bid and their post-office addresses~~, in~~	29633
~~which case~~. In that circumstance, the director shall mail copies	29634
of all invitations to bidders relating to the purchase of such	29635
articles ~~shall be mailed~~ to such persons ~~by the director~~ by	29636
regular first class mail at least ten days prior to the time fixed	29637
for taking bids. The director also may mail copies of all	29638
invitations to bidders to news agencies or other agencies or	29639
organizations distributing information of this character. Requests	29640
for invitations ~~shall~~are not be valid ~~nor~~and do not require	29641
action by the director unless renewed by the director, either	29642
annually or after such shorter period as the director may	29643
prescribe by a general rule. ~~The~~	29644

The director shall include in an invitation to bidders ~~shall~~	29645
~~contain~~ a brief statement of the general character of the article	29646
that it is intended to purchase, the approximate quantity desired,	29647
and a statement of the time and place where bids will be received,	29648
and may relate to and describe as many different articles as the	29649
director thinks proper, it being the intent and purpose of this	29650
section to authorize the inclusion in a single invitation of as	29651
many different articles as the director desires to invite bids	29652
upon at any given time. ~~Invitations~~The director shall give	29653
invitations issued during each calendar year ~~shall be given~~	29654
consecutive numbers, and ensure that the number assigned to each	29655
invitation ~~shall appear~~appears on all copies thereof. In all	29656
cases where notice is required by this section, the director shall	29657
require sealed bids ~~shall be taken~~, on forms prescribed and	29658
furnished by the director~~, and~~. The director shall not permit the	29659
modification of bids after they have been opened ~~shall not be~~	29660
~~permitted~~.	29661

(B) The director may permit the Ohio turnpike and	29662
infrastructure commission, any political subdivision, and any	29663
state university or college to participate in contracts into which	29664
the director has entered for the purchase of machinery, materials,	29665
supplies, or other articles. The turnpike and infrastructure	29666
commission and any political subdivision or state university or	29667
college desiring to participate in such purchase contracts shall	29668
file with the director a certified copy of the bylaws or rules of	29669
the turnpike and infrastructure commission or the ordinance or	29670
resolution of the legislative authority, board of trustees, or	29671
other governing board requesting authorization to participate in	29672
such contracts and agreeing to be bound by such terms and	29673
conditions as the director prescribes. Purchases made by the	29674
turnpike and infrastructure commission, political subdivisions, or	29675
state universities or colleges under this division are exempt from	29676
any competitive bidding required by law for the purchase of	29677
machinery, materials, supplies, or other articles.	29678

29679

(1) "Political subdivision" means any county, township,	29680
municipal corporation, conservancy district, township park	29681
district, park district created under Chapter 1545. of the Revised	29682
Code, port authority, regional transit authority, regional airport	29683
authority, regional water and sewer district, county transit	29684
board, or school district as defined in section 5513.04 of the	29685
Revised Code, regional planning commission formed under section	29686
713.21 of the Revised Code, regional council of government formed	29687
under section 167.01 of the Revised Code, or other association of	29688
local governments established pursuant to an agreement under	29689
sections 307.14 to 307.19 of the Revised Code.	29690

(2) "State university or college" has the same meaning as in	29691
division (A)(1) of section 3345.32 of the Revised Code.	29692

(3) "Ohio turnpike and infrastructure commission" means the	29693
commission created by section 5537.02 of the Revised Code.	29694

Sec. 5531.10. (A) As used in this chapter:

29695

(1) "Bond proceedings" means the resolution, order, trust	29696
agreement, indenture, lease, lease-purchase agreements, and other	29697
agreements, amendments and supplements to the foregoing, or any	29698
one or more or combination thereof, authorizing or providing for	29699
the terms and conditions applicable to, or providing for the	29700
security or liquidity of, obligations issued pursuant to this	29701
section, and the provisions contained in such obligations.	29702

(2) "Bond service charges" means principal, including	29703
mandatory sinking fund requirements for retirement of obligations,	29704
and interest, and redemption premium, if any, required to be paid	29705
by the state on obligations.	29706

(3) "Bond service fund" means the applicable fund and	29707
accounts therein created for and pledged to the payment of bond	29708
service charges, which may be, or may be part of, the state	29709
infrastructure bank revenue bond service fund created by division	29710
(R) of this section including all moneys and investments, and	29711
earnings from investments, credited and to be credited thereto.	29712

(4) "Issuing authority" means the treasurer of state, or the	29713
officer who by law performs the functions of the treasurer of	29714
state.	29715

(5) "Obligations" means bonds, notes, or other evidence of	29716
obligation including interest coupons pertaining thereto, issued	29717
pursuant to this section.	29718

(6) "Pledged receipts" means moneys accruing to the state	29719
from the lease, lease-purchase, sale, or other disposition, or	29720
use, of qualified projects, and from the repayment, including	29721
interest, of loans made from proceeds received from the sale of	29722
obligations; accrued interest received from the sale of	29723
obligations; income from the investment of the special funds; any	29724
gifts, grants, donations, and pledges, and receipts therefrom,	29725
available for the payment of bond service charges; and any amounts	29726
in the state infrastructure bank pledged to the payment of such	29727
charges. If the amounts in the state infrastructure bank are	29728
insufficient for the payment of such charges, "pledged receipts"	29729
also means moneys that are apportioned by the United States	29730
secretary of transportation under United States Code, Title XXIII,	29731
as amended, or any successor legislation, or under any other	29732
federal law relating to aid for highways, and that are to be	29733
received as a grant by the state, to the extent the state is not	29734
prohibited by state or federal law from using such moneys and the	29735
moneys are pledged to the payment of such bond service charges.	29736

(7) "Special funds" or "funds" means, except where the	29737
context does not permit, the bond service fund, and any other	29738
funds, including reserve funds, created under the bond	29739
proceedings, and the state infrastructure bank revenue bond	29740
service fund created by division (R) of this section to the extent	29741
provided in the bond proceedings, including all moneys and	29742
investments, and earnings from investment, credited and to be	29743
credited thereto.	29744

(8) "State infrastructure project" means any public	29745
transportation project undertaken by the state, including, but not	29746
limited to, all components of any such project, as described in	29747
division (D) of section 5531.09 of the Revised Code.	29748

(9) "District obligations" means bonds, notes, or other	29749
evidence of obligation including interest coupons pertaining	29750
thereto, issued to finance a qualified project by a transportation	29751
improvement district created pursuant to section 5540.02 of the	29752
Revised Code, of which the principal, including mandatory sinking	29753
fund requirements for retirement of such obligations, and interest	29754
and redemption premium, if any, are payable by the department of	29755
transportation.	29756

(B) The issuing authority, after giving written notice to the	29757
director of budget and management and upon the certification by	29758
the director of transportation to the issuing authority of the	29759
amount of moneys or additional moneys needed either for state	29760
infrastructure projects or to provide financial assistance for any	29761
of the purposes for which the state infrastructure bank may be	29762
used under section 5531.09 of the Revised Code, or needed for	29763
capitalized interest, funding reserves, and paying costs and	29764
expenses incurred in connection with the issuance, carrying,	29765
securing, paying, redeeming, or retirement of the obligations or	29766
any obligations refunded thereby, including payment of costs and	29767
expenses relating to letters of credit, lines of credit,	29768
insurance, put agreements, standby purchase agreements, indexing,	29769
marketing, remarketing and administrative arrangements, interest	29770
swap or hedging agreements, and any other credit enhancement,	29771
liquidity, remarketing, renewal, or refunding arrangements, all of	29772
which are authorized by this section, shall issue obligations of	29773
the state under this section in the required amount. The proceeds	29774
of such obligations, except for the portion to be deposited in	29775
special funds, including reserve funds, as may be provided in the	29776
bond proceedings, shall as provided in the bond proceedings be	29777
credited to the infrastructure bank obligations fund of the state	29778
infrastructure bank created by section 5531.09 of the Revised Code	29779
and disbursed as provided in the bond proceedings for such	29780
obligations. The issuing authority may appoint trustees, paying	29781
agents, transfer agents, and authenticating agents, and may retain	29782
the services of financial advisors, accounting experts, and	29783
attorneys, and retain or contract for the services of marketing,	29784
remarketing, indexing, and administrative agents, other	29785
consultants, and independent contractors, including printing	29786
services, as are necessary in the issuing authority's judgment to	29787
carry out this section. The costs of such services are payable	29788
from funds of the state infrastructure bank or as otherwise	29789
provided in the bond proceedings.	29790

(C) The holders or owners of such obligations shall have no	29791
right to have moneys raised by taxation by the state of Ohio	29792
obligated or pledged, and moneys so raised shall not be obligated	29793
or pledged, for the payment of bond service charges. The right of	29794
such holders and owners to the payment of bond service charges is	29795
limited to all or that portion of the pledged receipts and those	29796
special funds pledged thereto pursuant to the bond proceedings for	29797
such obligations in accordance with this section, and each such	29798
obligation shall bear on its face a statement to that effect.	29799
Moneys received as repayment of loans made by the state	29800
infrastructure bank pursuant to section 5531.09 of the Revised	29801
Code shall not be considered moneys raised by taxation by the	29802
state of Ohio regardless of the source of the moneys.	29803

(D) Obligations shall be authorized by order of the issuing	29804
authority and the bond proceedings shall provide for the purpose	29805
thereof and the principal amount or amounts, and shall provide for	29806
or authorize the manner or agency for determining the principal	29807
maturity or maturities, not exceeding twenty-five years from the	29808
date of issuance or, with respect to obligations issued to finance	29809
a transportation facility pursuant to a public-private agreement,	29810
not exceeding forty-five years from the date of issuance, the	29811
interest rate or rates or the maximum interest rate, the date of	29812
the obligations and the dates of payment of interest thereon,	29813
their denomination, and the establishment within or without the	29814
state of a place or places of payment of bond service charges.	29815
Sections 9.98 to 9.983 of the Revised Code are applicable to	29816
obligations issued under this section. The purpose of such	29817
obligations may be stated in the bond proceedings in terms	29818
describing the general purpose or purposes to be served. The bond	29819
proceedings also shall provide, subject to the provisions of any	29820
other applicable bond proceedings, for the pledge of all, or such	29821
part as the issuing authority may determine, of the pledged	29822
receipts and the applicable special fund or funds to the payment	29823
of bond service charges, which pledges may be made either prior or	29824
subordinate to other expenses, claims, or payments, and may be	29825
made to secure the obligations on a parity with obligations	29826
theretofore or thereafter issued, if and to the extent provided in	29827
the bond proceedings. The pledged receipts and special funds so	29828
pledged and thereafter received by the state immediately are	29829
subject to the lien of such pledge without any physical delivery	29830
thereof or further act, and the lien of any such pledges is valid	29831
and binding against all parties having claims of any kind against	29832
the state or any governmental agency of the state, irrespective of	29833
whether such parties have notice thereof, and shall create a	29834
perfected security interest for all purposes of Chapter 1309. of	29835
the Revised Code, without the necessity for separation or delivery	29836
of funds or for the filing or recording of the bond proceedings by	29837
which such pledge is created or any certificate, statement, or	29838
other document with respect thereto; and the pledge of such	29839
pledged receipts and special funds is effective and the money	29840
therefrom and thereof may be applied to the purposes for which	29841
pledged without necessity for any act of appropriation. Every	29842
pledge, and every covenant and agreement made with respect	29843
thereto, made in the bond proceedings may therein be extended to	29844
the benefit of the owners and holders of obligations authorized by	29845
this section, and to any trustee therefor, for the further	29846
security of the payment of the bond service charges.	29847

For purposes of this division, "transportation facility" and	29848
"public-private agreement" have the same meanings as in section	29849
5501.70 of the Revised Code.	29850

(E) The bond proceedings may contain additional provisions as	29851
to:	29852

(1) The redemption of obligations prior to maturity at the	29853
option of the issuing authority at such price or prices and under	29854
such terms and conditions as are provided in the bond proceedings;	29855

(2) Other terms of the obligations;

29856

(3) Limitations on the issuance of additional obligations;

29857

(4) The terms of any trust agreement or indenture securing	29858
the obligations or under which the same may be issued;	29859

(5) The deposit, investment, and application of special	29860
funds, and the safeguarding of moneys on hand or on deposit,	29861
without regard to Chapter 131. or 135. of the Revised Code, but	29862
subject to any special provisions of this section with respect to	29863
particular funds or moneys, provided that any bank or trust	29864
company which acts as depository of any moneys in the special	29865
funds may furnish such indemnifying bonds or may pledge such	29866
securities as required by the issuing authority;	29867

(6) Any or every provision of the bond proceedings being	29868
binding upon such officer, board, commission, authority, agency,	29869
department, or other person or body as may from time to time have	29870
the authority under law to take such actions as may be necessary	29871
to perform all or any part of the duty required by such provision;	29872

(7) Any provision that may be made in a trust agreement or	29873
indenture;	29874

(8) Any other or additional agreements with the holders of	29875
the obligations, or the trustee therefor, relating to the	29876
obligations or the security therefor, including the assignment of	29877
mortgages or other security relating to financial assistance for	29878
qualified projects under section 5531.09 of the Revised Code.	29879

(F) The obligations may have the great seal of the state or a	29880
facsimile thereof affixed thereto or printed thereon. The	29881
obligations and any coupons pertaining to obligations shall be	29882
signed or bear the facsimile signature of the issuing authority.	29883
Any obligations or coupons may be executed by the person who, on	29884
the date of execution, is the proper issuing authority although on	29885
the date of such bonds or coupons such person was not the issuing	29886
authority. In case the issuing authority whose signature or a	29887
facsimile of whose signature appears on any such obligation or	29888
coupon ceases to be the issuing authority before delivery thereof,	29889
such signature or facsimile nevertheless is valid and sufficient	29890
for all purposes as if the former issuing authority had remained	29891
the issuing authority until such delivery; and in case the seal to	29892
be affixed to obligations has been changed after a facsimile of	29893
the seal has been imprinted on such obligations, such facsimile	29894
seal shall continue to be sufficient as to such obligations and	29895
obligations issued in substitution or exchange therefor.	29896

(G) All obligations are negotiable instruments and securities	29897
under Chapter 1308. of the Revised Code, subject to the provisions	29898
of the bond proceedings as to registration. The obligations may be	29899
issued in coupon or in registered form, or both, as the issuing	29900
authority determines. Provision may be made for the registration	29901
of any obligations with coupons attached thereto as to principal	29902
alone or as to both principal and interest, their exchange for	29903
obligations so registered, and for the conversion or reconversion	29904
into obligations with coupons attached thereto of any obligations	29905
registered as to both principal and interest, and for reasonable	29906
charges for such registration, exchange, conversion, and	29907
reconversion.	29908

(H) Obligations may be sold at public sale or at private	29909
sale, as determined in the bond proceedings.	29910

(I) Pending preparation of definitive obligations, the	29911
issuing authority may issue interim receipts or certificates which	29912
shall be exchanged for such definitive obligations.	29913

(J) In the discretion of the issuing authority, obligations	29914
may be secured additionally by a trust agreement or indenture	29915
between the issuing authority and a corporate trustee which may be	29916
any trust company or bank ~~having~~possessing corporate trust powers	29917
that has a place of business within or without the state. Any such	29918
agreement or indenture may contain the order authorizing the	29919
issuance of the obligations, any provisions that may be contained	29920
in any bond proceedings, and other provisions which are customary	29921
or appropriate in an agreement or indenture of such type,	29922
including, but not limited to:	29923

(1) Maintenance of each pledge, trust agreement, indenture,	29924
or other instrument comprising part of the bond proceedings until	29925
the state has fully paid the bond service charges on the	29926
obligations secured thereby, or provision therefor has been made;	29927

(2) In the event of default in any payments required to be	29928
made by the bond proceedings, or any other agreement of the	29929
issuing authority made as a part of the contract under which the	29930
obligations were issued, enforcement of such payments or agreement	29931
by mandamus, the appointment of a receiver, suit in equity, action	29932
at law, or any combination of the foregoing;	29933

(3) The rights and remedies of the holders of obligations and	29934
of the trustee, and provisions for protecting and enforcing them,	29935
including limitations on the rights of individual holders of	29936
obligations;	29937

(4) The replacement of any obligations that become mutilated	29938
or are destroyed, lost, or stolen;	29939

(5) Such other provisions as the trustee and the issuing	29940
authority agree upon, including limitations, conditions, or	29941
qualifications relating to any of the foregoing.	29942

(K) Any holder of obligations or a trustee under the bond	29943
proceedings, except to the extent that the holder's or trustee's	29944
rights are restricted by the bond proceedings, may by any suitable	29945
form of legal proceedings, protect and enforce any rights under	29946
the laws of this state or granted by such bond proceedings. Such	29947
rights include the right to compel the performance of all duties	29948
of the issuing authority and the director of transportation	29949
required by the bond proceedings or sections 5531.09 and 5531.10	29950
of the Revised Code; to enjoin unlawful activities; and in the	29951
event of default with respect to the payment of any bond service	29952
charges on any obligations or in the performance of any covenant	29953
or agreement on the part of the issuing authority or the director	29954
of transportation in the bond proceedings, to apply to a court	29955
having jurisdiction of the cause to appoint a receiver to receive	29956
and administer the pledged receipts and special funds, other than	29957
those in the custody of the treasurer of state, which are pledged	29958
to the payment of the bond service charges on such obligations or	29959
which are the subject of the covenant or agreement, with full	29960
power to pay, and to provide for payment of bond service charges	29961
on, such obligations, and with such powers, subject to the	29962
direction of the court, as are accorded receivers in general	29963
equity cases, excluding any power to pledge additional revenues or	29964
receipts or other income or moneys of the state or local	29965
governmental entities, or agencies thereof, to the payment of such	29966
principal and interest and excluding the power to take possession	29967
of, mortgage, or cause the sale or otherwise dispose of any	29968
project facilities.	29969

Each duty of the issuing authority and the issuing	29970
authority's officers and employees, and of each state or local	29971
governmental agency and its officers, members, or employees,	29972
undertaken pursuant to the bond proceedings or any loan, loan	29973
guarantee, lease, lease-purchase agreement, or other agreement	29974
made under authority of section 5531.09 of the Revised Code, and	29975
in every agreement by or with the issuing authority, is hereby	29976
established as a duty of the issuing authority, and of each such	29977
officer, member, or employee having authority to perform such	29978
duty, specifically enjoined by the law resulting from an office,	29979
trust, or station within the meaning of section 2731.01 of the	29980
Revised Code.	29981

The person who is at the time the issuing authority, or the	29982
issuing authority's officers or employees, are not liable in their	29983
personal capacities on any obligations issued by the issuing	29984
authority or any agreements of or with the issuing authority.	29985

(L) The issuing authority may authorize and issue obligations	29986
for the refunding, including funding and retirement, and advance	29987
refunding with or without payment or redemption prior to maturity,	29988
of any obligations previously issued by the issuing authority or	29989
district obligations. Such refunding obligations may be issued in	29990
amounts sufficient for payment of the principal amount of the	29991
prior obligations or district obligations, any redemption premiums	29992
thereon, principal maturities of any such obligations or district	29993
obligations maturing prior to the redemption of the remaining	29994
obligations or district obligations on a parity therewith,	29995
interest accrued or to accrue to the maturity dates or dates of	29996
redemption of such obligations or district obligations, and any	29997
expenses incurred or to be incurred in connection with such	29998
issuance and such refunding, funding, and retirement. Subject to	29999
the bond proceedings therefor, the portion of proceeds of the sale	30000
of refunding obligations issued under this division to be applied	30001
to bond service charges on the prior obligations or district	30002
obligations shall be credited to an appropriate account held by	30003
the trustee for such prior or new obligations or to the	30004
appropriate account in the bond service fund for such obligations	30005
or district obligations. Obligations authorized under this	30006
division shall be deemed to be issued for those purposes for which	30007
such prior obligations or district obligations were issued and are	30008
subject to the provisions of this section pertaining to other	30009
obligations, except as otherwise provided in this section. The	30010
last maturity of obligations authorized under this division shall	30011
not be later than ~~twenty-five years from the date of issuance~~the	30012
latest permitted maturity of the original securities issued for	30013
the original purpose.	30014

(M) The authority to issue obligations under this section	30015
includes authority to issue obligations in the form of bond	30016
anticipation notes and to renew the same from time to time by the	30017
issuance of new notes. The holders of such notes or interest	30018
coupons pertaining thereto shall have a right to be paid solely	30019
from the pledged receipts and special funds that may be pledged to	30020
the payment of the bonds anticipated, or from the proceeds of such	30021
bonds or renewal notes, or both, as the issuing authority provides	30022
in the order authorizing such notes. Such notes may be	30023
additionally secured by covenants of the issuing authority to the	30024
effect that the issuing authority and the state will do such or	30025
all things necessary for the issuance of such bonds or renewal	30026
notes in the appropriate amount, and apply the proceeds thereof to	30027
the extent necessary, to make full payment of the principal of and	30028
interest on such notes at the time or times contemplated, as	30029
provided in such order. For such purpose, the issuing authority	30030
may issue bonds or renewal notes in such principal amount and upon	30031
such terms as may be necessary to provide funds to pay when	30032
required the principal of and interest on such notes,	30033
notwithstanding any limitations prescribed by or for purposes of	30034
this section. Subject to this division, all provisions for and	30035
references to obligations in this section are applicable to notes	30036
authorized under this division.	30037

The issuing authority in the bond proceedings authorizing the	30038
issuance of bond anticipation notes shall set forth for such bonds	30039
an estimated interest rate and a schedule of principal payments	30040
for such bonds and the annual maturity dates thereof.	30041

(N) Obligations issued under this section are lawful	30042
investments for banks, societies for savings, savings and loan	30043
associations, deposit guarantee associations, trust companies,	30044
trustees, fiduciaries, insurance companies, including domestic for	30045
life and domestic not for life, trustees or other officers having	30046
charge of sinking and bond retirement or other special funds of	30047
political subdivisions and taxing districts of this state, the	30048
commissioners of the sinking fund of the state, the administrator	30049
of workers' compensation, the state teachers retirement system,	30050
the public employees retirement system, the school employees	30051
retirement system, and the Ohio police and fire pension fund,	30052
notwithstanding any other provisions of the Revised Code or rules	30053
adopted pursuant thereto by any agency of the state with respect	30054
to investments by them, and are also acceptable as security for	30055
the deposit of public moneys.	30056

(O) Unless otherwise provided in any applicable bond	30057
proceedings, moneys to the credit of or in the special funds	30058
established by or pursuant to this section may be invested by or	30059
on behalf of the issuing authority only in notes, bonds, or other	30060
obligations of the United States, or of any agency or	30061
instrumentality of the United States, obligations guaranteed as to	30062
principal and interest by the United States, obligations of this	30063
state or any political subdivision of this state, and certificates	30064
of deposit of any national bank located in this state and any	30065
bank, as defined in section 1101.01 of the Revised Code, subject	30066
to inspection by the superintendent of financial institutions. If	30067
the law or the instrument creating a trust pursuant to division	30068
(J) of this section expressly permits investment in direct	30069
obligations of the United States or an agency of the United	30070
States, unless expressly prohibited by the instrument, such moneys	30071
also may be invested in no-front-end-load money market mutual	30072
funds consisting exclusively of obligations of the United States	30073
or an agency of the United States and in repurchase agreements,	30074
including those issued by the fiduciary itself, secured by	30075
obligations of the United States or an agency of the United	30076
States; and in collective investment funds as defined in division	30077
(A) of section 1111.01 of the Revised Code and consisting	30078
exclusively of any such securities. The income from such	30079
investments shall be credited to such funds as the issuing	30080
authority determines, and such investments may be sold at such	30081
times as the issuing authority determines or authorizes.	30082

(P) Provision may be made in the applicable bond proceedings	30083
for the establishment of separate accounts in the bond service	30084
fund and for the application of such accounts only to the	30085
specified bond service charges on obligations pertinent to such	30086
accounts and bond service fund and for other accounts therein	30087
within the general purposes of such fund. Unless otherwise	30088
provided in any applicable bond proceedings, moneys to the credit	30089
of or in the several special funds established pursuant to this	30090
section shall be disbursed on the order of the treasurer of state,	30091
provided that no such order is required for the payment from the	30092
bond service fund when due of bond service charges on obligations.	30093

(Q)(1) The issuing authority may pledge all, or such portion	30094
as the issuing authority determines, of the pledged receipts to	30095
the payment of bond service charges on obligations issued under	30096
this section, and for the establishment and maintenance of any	30097
reserves, as provided in the bond proceedings, and make other	30098
provisions therein with respect to pledged receipts as authorized	30099
by this chapter, which provisions are controlling notwithstanding	30100
any other provisions of law pertaining thereto.	30101

(2) An action taken under division (Q)(2) of this section	30102
does not limit the generality of division (Q)(1) of this section,	30103
and is subject to division (C) of this section and, if and to the	30104
extent otherwise applicable, Section 13 of Article VIII, Ohio	30105
Constitution. The bond proceedings may contain a covenant that, in	30106
the event the pledged receipts primarily pledged and required to	30107
be used for the payment of bond service charges on obligations	30108
issued under this section, and for the establishment and	30109
maintenance of any reserves, as provided in the bond proceedings,	30110
are insufficient to make any such payment in full when due, or to	30111
maintain any such reserve, the director of transportation shall so	30112
notify the governor, and shall determine to what extent, if any,	30113
the payment may be made or moneys may be restored to the reserves	30114
from lawfully available moneys previously appropriated for that	30115
purpose to the department of transportation. The covenant also may	30116
provide that if the payments are not made or the moneys are not	30117
immediately and fully restored to the reserves from such moneys,	30118
the director shall promptly submit to the governor and to the	30119
director of budget and management a written request for either or	30120
both of the following:	30121

(a) That the next biennial budget submitted by the governor	30122
to the general assembly include an amount to be appropriated from	30123
lawfully available moneys to the department for the purpose of and	30124
sufficient for the payment in full of bond service charges	30125
previously due and for the full replenishment of the reserves;	30126

(b) That the general assembly be requested to increase	30127
appropriations from lawfully available moneys for the department	30128
in the current biennium sufficient for the purpose of and for the	30129
payment in full of bond service charges previously due and to come	30130
due in the biennium and for the full replenishment of the	30131
reserves.	30132

The director of transportation shall include with such	30133
requests a recommendation that the payment of the bond service	30134
charges and the replenishment of the reserves be made in the	30135
interest of maximizing the benefits of the state infrastructure	30136
bank. Any such covenant shall not obligate or purport to obligate	30137
the state to pay the bond service charges on such bonds or notes	30138
or to deposit moneys in a reserve established for such payments	30139
other than from moneys that may be lawfully available and	30140
appropriated for that purpose during the then-current biennium.	30141

(R) There is hereby created the state infrastructure bank	30142
revenue bond service fund, which shall be in the custody of the	30143
treasurer of state but shall not be a part of the state treasury.	30144
All moneys received by or on account of the issuing authority or	30145
state agencies and required by the applicable bond proceedings,	30146
consistent with this section, to be deposited, transferred, or	30147
credited to the bond service fund, and all other moneys	30148
transferred or allocated to or received for the purposes of the	30149
fund, shall be deposited and credited to such fund and to any	30150
separate accounts therein, subject to applicable provisions of the	30151
bond proceedings, but without necessity for any act of	30152
appropriation. The state infrastructure bank revenue bond service	30153
fund is a trust fund and is hereby pledged to the payment of bond	30154
service charges to the extent provided in the applicable bond	30155
proceedings, and payment thereof from such fund shall be made or	30156
provided for by the treasurer of state in accordance with such	30157
bond proceedings without necessity for any act of appropriation.	30158

(S) The obligations issued pursuant to this section, the	30159
transfer thereof, and the income therefrom, including any profit	30160
made on the sale thereof, shall at all times be free from taxation	30161
within this state.	30162

Sec. 5533.051. In addition to the designations of the road	30163
known as United States route twenty-three in section 5533.05 of	30164
the Revised Code, the portion of that road running in a north and	30165
south direction, commencing at the boundary of Franklin and	30166
Delaware counties and extending to the municipal corporation of	30167
Delaware, and also the portion of that road located in Scioto	30168
county, from mile marker number three to mile marker number ten,	30169
shall be known as the "Branch Rickey Memorial Highway."	30170

The director of transportation may erect suitable markers	30171
along each designated portion of the highway indicating its name.	30172

Sec. 5703.052. (A) There is hereby created in the state	30173
treasury the tax refund fund, from which refunds shall be paid for	30174
taxes illegally or erroneously assessed or collected, or for any	30175
other reason overpaid, that are levied by Chapter 4301., 4305.,	30176
5726., 5728., 5729., 5731., 5733., 5735., 5736., 5739., 5741.,	30177
5743., 5747., 5748., 5749., 5751., or 5753. and sections 3737.71,	30178
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38,	30179
5727.81, and 5727.811 of the Revised Code. Refunds for fees or	30180
wireless 9-1-1 charges illegally or erroneously assessed or	30181
collected, or for any other reason overpaid, that are levied by	30182
sections 128.42 or 3734.90 to 3734.9014 of the Revised Code also	30183
shall be paid from the fund. Refunds for amounts illegally or	30184
erroneously assessed or collected by the tax commissioner, or for	30185
any other reason overpaid, that are due under section 1509.50 of	30186
the Revised Code shall be paid from the fund. However, refunds for	30187
taxes levied under section 5739.101 of the Revised Code shall not	30188
be paid from the tax refund fund, but shall be paid as provided in	30189
section 5739.104 of the Revised Code.	30190

(B)(1) Upon certification by the tax commissioner to the	30191
treasurer of state of a tax refund, a wireless 9-1-1 charge	30192
refund, or another amount refunded, or by the superintendent of	30193
insurance of a domestic or foreign insurance tax refund, the	30194
treasurer of state shall place the amount certified to the credit	30195
of the fund. The certified amount transferred shall be derived	30196
from the receipts of the same tax, fee, wireless 9-1-1 charge, or	30197
other amount from which the refund arose.	30198

(2) When a refund is for a tax, fee, wireless 9-1-1 charge,	30199
or other amount that is not levied by the state or that was	30200
illegally or erroneously distributed to a taxing jurisdiction, the	30201
tax commissioner shall recover the amount of that refund from the	30202
next distribution of that tax, fee, wireless 9-1-1 charge, or	30203
other amount that otherwise would be made to the taxing	30204
jurisdiction. If the amount to be recovered would exceed	30205
twenty-five per cent of the next distribution of that tax, fee,	30206
wireless 9-1-1 charge, or other amount, the commissioner may	30207
spread the recovery over more than one future distribution, taking	30208
into account the amount to be recovered and the amount of the	30209
anticipated future distributions. In no event may the commissioner	30210
spread the recovery over a period to exceed ~~twenty-four~~thirty-six	30211
months.	30212

Sec. 5703.21. (A) Except as provided in divisions (B) and	30213
(C) of this section, no agent of the department of taxation,	30214
except in the agent's report to the department or when called on	30215
to testify in any court or proceeding, shall divulge any	30216
information acquired by the agent as to the transactions,	30217
property, or business of any person while acting or claiming to	30218
act under orders of the department. Whoever violates this	30219
provision shall thereafter be disqualified from acting as an	30220
officer or employee or in any other capacity under appointment or	30221
employment of the department.	30222

(B)(1) For purposes of an audit pursuant to section 117.15 of	30223
the Revised Code, or an audit of the department pursuant to	30224
Chapter 117. of the Revised Code, or an audit, pursuant to that	30225
chapter, the objective of which is to express an opinion on a	30226
financial report or statement prepared or issued pursuant to	30227
division (A)(7) or (9) of section 126.21 of the Revised Code, the	30228
officers and employees of the auditor of state charged with	30229
conducting the audit shall have access to and the right to examine	30230
any state tax returns and state tax return information in the	30231
possession of the department to the extent that the access and	30232
examination are necessary for purposes of the audit. Any	30233
information acquired as the result of that access and examination	30234
shall not be divulged for any purpose other than as required for	30235
the audit or unless the officers and employees are required to	30236
testify in a court or proceeding under compulsion of legal	30237
process. Whoever violates this provision shall thereafter be	30238
disqualified from acting as an officer or employee or in any other	30239
capacity under appointment or employment of the auditor of state.	30240

(2) For purposes of an internal audit pursuant to section	30241
126.45 of the Revised Code, the officers and employees of the	30242
office of internal audit in the office of budget and management	30243
charged with directing the internal audit shall have access to and	30244
the right to examine any state tax returns and state tax return	30245
information in the possession of the department to the extent that	30246
the access and examination are necessary for purposes of the	30247
internal audit. Any information acquired as the result of that	30248
access and examination shall not be divulged for any purpose other	30249
than as required for the internal audit or unless the officers and	30250
employees are required to testify in a court or proceeding under	30251
compulsion of legal process. Whoever violates this provision shall	30252
thereafter be disqualified from acting as an officer or employee	30253
or in any other capacity under appointment or employment of the	30254
office of internal audit.	30255

(3) As provided by section 6103(d)(2) of the Internal Revenue	30256
Code, any federal tax returns or federal tax information that the	30257
department has acquired from the internal revenue service, through	30258
federal and state statutory authority, may be disclosed to the	30259
auditor of state or the office of internal audit solely for	30260
purposes of an audit of the department.	30261

(4) For purposes of Chapter 3739. of the Revised Code, an	30262
agent of the department of taxation may share information with the	30263
division of state fire marshal that the agent finds during the	30264
course of an investigation.	30265

(C) Division (A) of this section does not prohibit any of the	30266
following:	30267

(1) Divulging information contained in applications,	30268
complaints, and related documents filed with the department under	30269
section 5715.27 of the Revised Code or in applications filed with	30270
the department under section 5715.39 of the Revised Code;	30271

(2) Providing information to the office of child support	30272
within the department of job and family services pursuant to	30273
section 3125.43 of the Revised Code;	30274

(3) Disclosing to the motor vehicle repair board any	30275
information in the possession of the department that is necessary	30276
for the board to verify the existence of an applicant's valid	30277
vendor's license and current state tax identification number under	30278
section 4775.07 of the Revised Code;	30279

(4) Providing information to the administrator of workers'	30280
compensation pursuant to sections 4123.271 and 4123.591 of the	30281
Revised Code;	30282

(5) Providing to the attorney general information the	30283
department obtains under division (J) of section 1346.01 of the	30284
Revised Code;	30285

(6) Permitting properly authorized officers, employees, or	30286
agents of a municipal corporation from inspecting reports or	30287
information pursuant to rules adopted under section 5745.16 of the	30288
Revised Code;	30289

(7) Providing information regarding the name, account number,	30290
or business address of a holder of a vendor's license issued	30291
pursuant to section 5739.17 of the Revised Code, a holder of a	30292
direct payment permit issued pursuant to section 5739.031 of the	30293
Revised Code, or a seller having a use tax account maintained	30294
pursuant to section 5741.17 of the Revised Code, or information	30295
regarding the active or inactive status of a vendor's license,	30296
direct payment permit, or seller's use tax account;	30297

(8) Releasing invoices or invoice information furnished under	30298
section 4301.433 of the Revised Code pursuant to that section;	30299

(9) Providing to a county auditor notices or documents	30300
concerning or affecting the taxable value of property in the	30301
county auditor's county. Unless authorized by law to disclose	30302
documents so provided, the county auditor shall not disclose such	30303
documents;	30304

(10) Providing to a county auditor sales or use tax return or	30305
audit information under section 333.06 of the Revised Code;	30306

(11) Subject to section 4301.441 of the Revised Code,	30307
disclosing to the appropriate state agency information in the	30308
possession of the department of taxation that is necessary to	30309
verify a permit holder's gallonage or noncompliance with taxes	30310
levied under Chapter 4301. or 4305. of the Revised Code;	30311

(12) Disclosing to the department of natural resources	30312
information in the possession of the department of taxation that	30313
is necessary for the department of taxation to verify the	30314
taxpayer's compliance with section 5749.02 of the Revised Code or	30315
to allow the department of natural resources to enforce Chapter	30316
1509. of the Revised Code;	30317

(13) Disclosing to the department of job and family services,	30318
industrial commission, and bureau of workers' compensation	30319
information in the possession of the department of taxation solely	30320
for the purpose of identifying employers that misclassify	30321
employees as independent contractors or that fail to properly	30322
report and pay employer tax liabilities. The department of	30323
taxation shall disclose only such information that is necessary to	30324
verify employer compliance with law administered by those	30325
agencies.	30326

(14) Disclosing to the Ohio casino control commission	30327
information in the possession of the department of taxation that	30328
is necessary to verify a casino operator's compliance with section	30329
5747.063 or 5753.02 of the Revised Code and sections related	30330
thereto;	30331

(15) Disclosing to the state lottery commission information	30332
in the possession of the department of taxation that is necessary	30333
to verify a lottery sales agent's compliance with section 5747.064	30334
of the Revised Code;	30335

(16) Providing to a board of county commissioners any sales	30336
or use tax return or audit information necessary to verify	30337
vendors' compliance with any taxes levied by the county under	30338
Chapter 5739. or 5741. of the Revised Code.	30339

Sec. 5705.10. (A) All revenue derived from the general levy	30340
for current expense within the ten-mill limitation, from any	30341
general levy for current expense authorized by vote in excess of	30342
the ten-mill limitation, and from sources other than the general	30343
property tax, unless its use for a particular purpose is	30344
prescribed by law, shall be paid into the general fund.	30345

(B) All revenue derived from general or special levies for	30346
debt charges, whether within or in excess of the ten-mill	30347
limitation, which is levied for the debt charges on serial bonds,	30348
notes, or certificates of indebtedness having a life less than	30349
five years, shall be paid into the bond retirement fund; and all	30350
such revenue which is levied for the debt charges on all other	30351
bonds, notes, or certificates of indebtedness shall be paid into	30352
the sinking fund.	30353

(C) All revenue derived from a special levy shall be credited	30354
to a special fund for the purpose for which the levy was made.	30355

(D) Except as otherwise provided by resolution adopted	30356
pursuant to section 3315.01 of the Revised Code, all revenue	30357
derived from a source other than the general property tax and	30358
which the law prescribes shall be used for a particular purpose,	30359
shall be paid into a special fund for such purpose. Except as	30360
otherwise provided by resolution adopted pursuant to section	30361
3315.01 of the Revised Code or as otherwise provided by section	30362
3315.40 of the Revised Code, all revenue derived from a source	30363
other than the general property tax, for which the law does not	30364
prescribe use for a particular purpose, including interest earned	30365
on the principal of any special fund, regardless of the source or	30366
purpose of the principal, shall be paid into the general fund.	30367

(E) All proceeds from the sale of public obligations or	30368
fractionalized interests in public obligations as defined in	30369
section 133.01 of the Revised Code, except premium and accrued	30370
interest, shall be paid into a special fund for the purpose of	30371
such issue, and any interest and other income earned on money in	30372
such special fund may be used for the purposes for which the	30373
indebtedness was authorized or may be credited to the general fund	30374
or other fund or account as the taxing authority authorizes and	30375
used for the purposes of that fund or account. The premium and	30376
accrued interest received from such sale shall be paid into the	30377
sinking fund or the bond retirement fund of the subdivision.	30378

(F) Except as provided in divisions (G) and (H) of this	30379
section, if a permanent improvement of the subdivision is sold,	30380
the amount received from the sale shall be paid into the sinking	30381
fund, the bond retirement fund, or a special fund for the	30382
construction or acquisition of permanent improvements; provided	30383
that the proceeds from the sale of a public utility shall be paid	30384
into the sinking fund or bond retirement fund to the extent	30385
necessary to provide for the retirement of the outstanding	30386
indebtedness incurred in the construction or acquisition of such	30387
utility. Proceeds from the sale of property other than a permanent	30388
improvement shall be paid into the fund from which such property	30389
was acquired or is maintained or, if there is no such fund, into	30390
the general fund.	30391

(G) A township that has a population greater than fifteen	30392
thousand according to the most recent federal decennial census and	30393
that has declared one or more improvements in the township to be a	30394
public purpose under section 5709.73 of the Revised Code may pay	30395
proceeds from the sale of a permanent improvement of the township	30396
into its general fund if both of the following conditions are	30397
satisfied:	30398

(1) The township fiscal officer determines that all	30399
foreseeable public infrastructure improvements, as defined in	30400
section 5709.40 of the Revised Code, to be made in the township in	30401
the ten years immediately following the date the permanent	30402
improvement is sold will have been financed through resolutions	30403
adopted under section 5709.73 of the Revised Code on or before the	30404
date of the sale. The fiscal officer shall provide written	30405
certification of this determination for the township's records.	30406

(2) The permanent improvement being sold was financed	30407
entirely from moneys in the township's general fund.	30408

(H) If a board of education of a school district disposes of	30409
real property under section 3313.41 of the Revised Code, the	30410
proceeds received on or after September 29, 2013, from the sale	30411
shall be used ~~to retire~~for either of the following purposes:	30412

(1) The retirement of any debt that was incurred by the	30413
district with respect to that real property. Proceeds in excess of	30414
the funds necessary to retire that debt may be paid into the	30415
school district's capital and maintenance fund and used only to	30416
pay for the costs of nonoperating capital expenses related to	30417
technology infrastructure and equipment to be used for instruction	30418
and assessment.	30419

(2) Payment into a special fund for the construction or	30420
acquisition of permanent improvements.	30421

(I) Money paid into any fund shall be used only for the	30422
purposes for which such fund is established.	30423

Sec. 5709.12. (A) As used in this section, "independent	30424
living facilities" means any residential housing facilities and	30425
related property that are not a nursing home, residential care	30426
facility, or residential facility as defined in division (A) of	30427
section 5701.13 of the Revised Code.	30428

(B) Lands, houses, and other buildings belonging to a county,	30429
township, or municipal corporation and used exclusively for the	30430
accommodation or support of the poor, or leased to the state or	30431
any political subdivision for public purposes shall be exempt from	30432
taxation. Real and tangible personal property belonging to	30433
institutions that is used exclusively for charitable purposes	30434
shall be exempt from taxation, including real property belonging	30435
to an institution that is a nonprofit corporation that receives a	30436
grant under the Thomas Alva Edison grant program authorized by	30437
division (C) of section 122.33 of the Revised Code at any time	30438
during the tax year and being held for leasing or resale to	30439
others. If, at any time during a tax year for which such property	30440
is exempted from taxation, the corporation ceases to qualify for	30441
such a grant, the director of development shall notify the tax	30442
commissioner, and the tax commissioner shall cause the property to	30443
be restored to the tax list beginning with the following tax year.	30444
All property owned and used by a nonprofit organization	30445
exclusively for a home for the aged, as defined in section 5701.13	30446
of the Revised Code, also shall be exempt from taxation.	30447

(C)(1) If a home for the aged described in division (B)(1) of	30448
section 5701.13 of the Revised Code is operated in conjunction	30449
with or at the same site as independent living facilities, the	30450
exemption granted in division (B) of this section shall include	30451
kitchen, dining room, clinic, entry ways, maintenance and storage	30452
areas, and land necessary for access commonly used by both	30453
residents of the home for the aged and residents of the	30454
independent living facilities. Other facilities commonly used by	30455
both residents of the home for the aged and residents of	30456
independent living units shall be exempt from taxation only if the	30457
other facilities are used primarily by the residents of the home	30458
for the aged. Vacant land currently unused by the home, and	30459
independent living facilities and the lands connected with them	30460
are not exempt from taxation. Except as provided in division	30461
(A)(1) of section 5709.121 of the Revised Code, property of a home	30462
leased for nonresidential purposes is not exempt from taxation.	30463

(2) Independent living facilities are exempt from taxation if	30464
they are operated in conjunction with or at the same site as a	30465
home for the aged described in division (B)(2) of section 5701.13	30466
of the Revised Code; operated by a corporation, association, or	30467
trust described in division (B)(1)(b) of that section; operated	30468
exclusively for the benefit of members of the corporation,	30469
association, or trust who are retired, aged, or infirm; and	30470
provided to those members without charge in consideration of their	30471
service, without compensation, to a charitable, religious,	30472
fraternal, or educational institution. For the purposes of	30473
division (C)(2) of this section, "compensation" does not include	30474
furnishing room and board, clothing, health care, or other	30475
necessities, or stipends or other de minimis payments to defray	30476
the cost thereof.	30477

(D)(1) A private corporation established under federal law,	30478
as defined in 36 U.S.C. 1101, Pub. L. No. 102-199, 105 Stat. 1629,	30479
as amended, the objects of which include encouraging the	30480
advancement of science generally, or of a particular branch of	30481
science, the promotion of scientific research, the improvement of	30482
the qualifications and usefulness of scientists, or the increase	30483
and diffusion of scientific knowledge is conclusively presumed to	30484
be a charitable or educational institution. A private corporation	30485
established as a nonprofit corporation under the laws of a state,	30486
that is exempt from federal income taxation under section	30487
501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	30488
U.S.C.A. 1, as amended, and has as its principal purpose one or	30489
more of the foregoing objects, also is conclusively presumed to be	30490
a charitable or educational institution.	30491

The fact that an organization described in this division	30492
operates in a manner that results in an excess of revenues over	30493
expenses shall not be used to deny the exemption granted by this	30494
section, provided such excess is used, or is held for use, for	30495
exempt purposes or to establish a reserve against future	30496
contingencies; and, provided further, that such excess may not be	30497
distributed to individual persons or to entities that would not be	30498
entitled to the tax exemptions provided by this chapter. Nor shall	30499
the fact that any scientific information diffused by the	30500
organization is of particular interest or benefit to any of its	30501
individual members be used to deny the exemption granted by this	30502
section, provided that such scientific information is available to	30503
the public for purchase or otherwise.	30504

(2) Division (D)(2) of this section does not apply to real	30505
property exempted from taxation under this section and division	30506
(A)(3) of section 5709.121 of the Revised Code and belonging to a	30507
nonprofit corporation described in division (D)(1) of this section	30508
that has received a grant under the Thomas Alva Edison grant	30509
program authorized by division (C) of section 122.33 of the	30510
Revised Code during any of the tax years the property was exempted	30511
from taxation.	30512

When a private corporation described in division (D)(1) of	30513
this section sells all or any portion of a tract, lot, or parcel	30514
of real estate that has been exempt from taxation under this	30515
section and section 5709.121 of the Revised Code, the portion sold	30516
shall be restored to the tax list for the year following the year	30517
of the sale and, except in connection with a sale and transfer of	30518
such a tract, lot, or parcel to a county land reutilization	30519
corporation organized under Chapter 1724. of the Revised Code, a	30520
charge shall be levied against the sold property in an amount	30521
equal to the tax savings on such property during the four tax	30522
years preceding the year the property is placed on the tax list.	30523
The tax savings equals the amount of the additional taxes that	30524
would have been levied if such property had not been exempt from	30525
taxation.	30526

The charge constitutes a lien of the state upon such property	30527
as of the first day of January of the tax year in which the charge	30528
is levied and continues until discharged as provided by law. The	30529
charge may also be remitted for all or any portion of such	30530
property that the tax commissioner determines is entitled to	30531
exemption from real property taxation for the year such property	30532
is restored to the tax list under any provision of the Revised	30533
Code, other than sections 725.02, 1728.10, 3735.67, 5709.40,	30534
5709.41, 5709.62, 5709.63, 5709.71, 5709.73, 5709.78, and 5709.84,	30535
upon an application for exemption covering the year such property	30536
is restored to the tax list filed under section 5715.27 of the	30537
Revised Code.	30538

(E) Real property held by an organization organized and	30539
operated exclusively for charitable purposes as described under	30540
section 501(c)(3) of the Internal Revenue Code and exempt from	30541
federal taxation under section 501(a) of the Internal Revenue	30542
Code, 26 U.S.C.A. 501(a) and (c)(3), as amended, for the purpose	30543
of constructing or rehabilitating residences for eventual transfer	30544
to qualified low-income families through sale, lease, or land	30545
installment contract, shall be exempt from taxation.	30546

The exemption shall commence on the day title to the property	30547
is transferred to the organization and shall continue to the end	30548
of the tax year in which the organization transfers title to the	30549
property to a qualified low-income family. In no case shall the	30550
exemption extend beyond the second succeeding tax year following	30551
the year in which the title was transferred to the organization.	30552
If the title is transferred to the organization and from the	30553
organization to a qualified low-income family in the same tax	30554
year, the exemption shall continue to the end of that tax year.	30555
The proportionate amount of taxes that are a lien but not yet	30556
determined, assessed, and levied for the tax year in which title	30557
is transferred to the organization shall be remitted by the county	30558
auditor for each day of the year that title is held by the	30559
organization.	30560

Upon transferring the title to another person, the	30561
organization shall file with the county auditor an affidavit	30562
affirming that the title was transferred to a qualified low-income	30563
family or that the title was not transferred to a qualified	30564
low-income family, as the case may be; if the title was	30565
transferred to a qualified low-income family, the affidavit shall	30566
identify the transferee by name. If the organization transfers	30567
title to the property to anyone other than a qualified low-income	30568
family, the exemption, if it has not previously expired, shall	30569
terminate, and the property shall be restored to the tax list for	30570
the year following the year of the transfer and a charge shall be	30571
levied against the property in an amount equal to the amount of	30572
additional taxes that would have been levied if such property had	30573
not been exempt from taxation. The charge constitutes a lien of	30574
the state upon such property as of the first day of January of the	30575
tax year in which the charge is levied and continues until	30576
discharged as provided by law.	30577

The application for exemption shall be filed as otherwise	30578
required under section 5715.27 of the Revised Code, except that	30579
the organization holding the property shall file with its	30580
application documentation substantiating its status as an	30581
organization organized and operated exclusively for charitable	30582
purposes under section 501(c)(3) of the Internal Revenue Code and	30583
its qualification for exemption from federal taxation under	30584
section 501(a) of the Internal Revenue Code, and affirming its	30585
intention to construct or rehabilitate the property for the	30586
eventual transfer to qualified low-income families.	30587

As used in this division, "qualified low-income family" means	30588
a family whose income does not exceed two hundred per cent of the	30589
official federal poverty guidelines as revised annually in	30590
accordance with section 673(2) of the "Omnibus Budget	30591
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	30592
amended, for a family size equal to the size of the family whose	30593
income is being determined.	30594

(F) Real property held by a county land reutilization	30595
corporation organized under Chapter 1724. of the Revised Code	30596
shall be exempt from taxation. Notwithstanding section 5715.27 of	30597
the Revised Code, a county land reutilization corporation is not	30598
required to apply to any county or state agency in order to	30599
qualify for the exemption.	30600

The exemption shall commence on the day title to the property	30601
is transferred to the corporation and shall continue to the end of	30602
the tax year in which the instrument transferring title from the	30603
corporation to another owner is recorded, if the use to which the	30604
other owner puts the property does not qualify for an exemption	30605
under this section or any other section of the Revised Code. If	30606
the title to the property is transferred to the corporation and	30607
from the corporation in the same tax year, the exemption shall	30608
continue to the end of that tax year. The proportionate amount of	30609
taxes that are a lien but not yet determined, assessed, and levied	30610
for the tax year in which title is transferred to the corporation	30611
shall be remitted by the county auditor for each day of the year	30612
that title is held by the corporation.	30613

Upon transferring the title to another person, the	30614
corporation shall file with the county auditor an affidavit	30615
affirming that the title was transferred to such other person and	30616
shall identify the transferee by name. If the corporation	30617
transfers title to the property to anyone that does not qualify or	30618
the use to which the property is put does not qualify the property	30619
for an exemption under this section or any other section of the	30620
Revised Code, the exemption, if it has not previously expired,	30621
shall terminate, and the property shall be restored to the tax	30622
list for the year following the year of the transfer. A charge	30623
shall be levied against the property in an amount equal to the	30624
amount of additional taxes that would have been levied if such	30625
property had not been exempt from taxation. The charge constitutes	30626
a lien of the state upon such property as of the first day of	30627
January of the tax year in which the charge is levied and	30628
continues until discharged as provided by law.	30629

In lieu of the application for exemption otherwise required	30630
to be filed as required under section 5715.27 of the Revised Code,	30631
a count land reutilization corporation holding the property shall,	30632
upon the request of any county or state agency, submit its	30633
articles of incorporation substantiating its status as a county	30634
land reutilization corporation.	30635

(G) Real property that is owned by an organization described	30636
under section 501(c)(3) of the Internal Revenue Code and exempt	30637
from federal income taxation under section 501(a) of the Internal	30638
Revenue Code and that is used by that organization exclusively for	30639
receiving, processing, or distributing human blood, tissues, eyes,	30640
or organs or for research and development thereof shall be exempt	30641
from taxation.	30642

Sec. 5709.17. The following property shall be exempted from	30643
taxation:	30644

(A) Real estate held or occupied by an association or	30645
corporation, organized or incorporated under the laws of this	30646
state relative to soldiers' memorial associations, monumental	30647
building associations, or cemetery associations or corporations,	30648
which in the opinion of the trustees, directors, or managers	30649
thereof is necessary and proper to carry out the object intended	30650
for such association or corporation;	30651

(B) Real estate and tangible personal property held or	30652
occupied by a veterans' organization that qualifies for exemption	30653
from taxation under section 501(c)(19) or 501(c)(23) of the	30654
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as	30655
amended, and is incorporated under the laws of this state or the	30656
United States, except real estate held by such an organization for	30657
the production of rental income in excess of thirty-six thousand	30658
dollars in a tax year, before accounting for any cost or expense	30659
incurred in the production of such income. For the purposes of	30660
this division, rental income includes only income arising directly	30661
from renting the real estate to others for consideration.	30662

(C) Tangible personal property held by a corporation	30663
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in	30664
section 501(c)(3) of the Internal Revenue Code, and exempt from	30665
taxation under section 501(a) of the Internal Revenue Code shall	30666
be exempt from taxation if it is property obtained as described in	30667
112 Stat. 1335-1341, 36 U.S.C.A. Chapter 407.	30668

(D) Real estate held or occupied by a fraternal organization	30669
and used primarily for meetings of and the administration of the	30670
fraternal organization, except real estate held by such an	30671
organization for the production of rental income in excess of	30672
thirty-six thousand dollars in a tax year, before accounting for	30673
any cost or expense incurred in the production of such income. As	30674
used in this division, "rental income" has the same meaning as in	30675
division (B) of this section, and "fraternal organization" means a	30676
domestic fraternal society, order, or association operating under	30677
the lodge, council, or grange system that qualifies for exemption	30678
from taxation under section 501(c)(5), 501(c)(8), or 501(c)(10) of	30679
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1,	30680
as amended; that provides financial support for charitable	30681
purposes, as defined in division (B)(12) of section 5739.02 of the	30682
Revised Code; and that has been operating in this state with a	30683
state governing body for at least ~~one hundred~~eighty-five years.	30684

Sec. 5709.40. (A) As used in this section:

30685

(1) "Blighted area" and "impacted city" have the same	30686
meanings as in section 1728.01 of the Revised Code.	30687

(2) "Business day" means a day of the week excluding	30688
Saturday, Sunday, and a legal holiday as defined under section	30689
1.14 of the Revised Code.	30690

(3) "Housing renovation" means a project carried out for	30691
residential purposes.	30692

(4) "Improvement" means the increase in the assessed value of	30693
any real property that would first appear on the tax list and	30694
duplicate of real and public utility property after the effective	30695
date of an ordinance adopted under this section were it not for	30696
the exemption granted by that ordinance.	30697

(5) "Incentive district" means an area not more than three	30698
hundred acres in size enclosed by a continuous boundary in which a	30699
project is being, or will be, undertaken and having one or more of	30700
the following distress characteristics:	30701

(a) At least fifty-one per cent of the residents of the	30702
district have incomes of less than eighty per cent of the median	30703
income of residents of the political subdivision in which the	30704
district is located, as determined in the same manner specified	30705
under section 119(b) of the "Housing and Community Development Act	30706
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended;	30707

(b) The average rate of unemployment in the district during	30708
the most recent twelve-month period for which data are available	30709
is equal to at least one hundred fifty per cent of the average	30710
rate of unemployment for this state for the same period.	30711

(c) At least twenty per cent of the people residing in the	30712
district live at or below the poverty level as defined in the	30713
federal Housing and Community Development Act of 1974, 42 U.S.C.	30714
5301, as amended, and regulations adopted pursuant to that act.	30715

(d) The district is a blighted area.

30716

(e) The district is in a situational distress area as	30717
designated by the director of development services under division	30718
(F) of section 122.23 of the Revised Code.	30719

(f) As certified by the engineer for the political	30720
subdivision, the public infrastructure serving the district is	30721
inadequate to meet the development needs of the district as	30722
evidenced by a written economic development plan or urban renewal	30723
plan for the district that has been adopted by the legislative	30724
authority of the subdivision.	30725

(g) The district is comprised entirely of unimproved land	30726
that is located in a distressed area as defined in section 122.23	30727
of the Revised Code.	30728

(6) "Project" means development activities undertaken on one	30729
or more parcels, including, but not limited to, construction,	30730
expansion, and alteration of buildings or structures, demolition,	30731
remediation, and site development, and any building or structure	30732
that results from those activities.	30733

(7) "Public infrastructure improvement" includes, but is not	30734
limited to, public roads and highways; water and sewer lines;	30735
environmental remediation; land acquisition, including acquisition	30736
in aid of industry, commerce, distribution, or research;	30737
demolition, including demolition on private property when	30738
determined to be necessary for economic development purposes;	30739
stormwater and flood remediation projects, including such projects	30740
on private property when determined to be necessary for public	30741
health, safety, and welfare; the provision of gas, electric, and	30742
communications service facilities, including the provision of gas	30743
or electric service facilities owned by nongovernmental entities	30744
when such improvements are determined to be necessary for economic	30745
development purposes; and the enhancement of public waterways	30746
through improvements that allow for greater public access.	30747

(B) The legislative authority of a municipal corporation, by	30748
ordinance, may declare improvements to certain parcels of real	30749
property located in the municipal corporation to be a public	30750
purpose. Improvements with respect to a parcel that is used or to	30751
be used for residential purposes may be declared a public purpose	30752
under this division only if the parcel is located in a blighted	30753
area of an impacted city. For this purpose, "parcel that is used	30754
or to be used for residential purposes" means a parcel that, as	30755
improved, is used or to be used for purposes that would cause the	30756
tax commissioner to classify the parcel as residential property in	30757
accordance with rules adopted by the commissioner under section	30758
5713.041 of the Revised Code. Except with the approval under	30759
division (D) of this section of the board of education of each	30760
city, local, or exempted village school district within which the	30761
improvements are located, not more than seventy-five per cent of	30762
an improvement thus declared to be a public purpose may be	30763
exempted from real property taxation for a period of not more than	30764
ten years. The ordinance shall specify the percentage of the	30765
improvement to be exempted from taxation and the life of the	30766
exemption.	30767

An ordinance adopted or amended under this division shall	30768
designate the specific public infrastructure improvements made, to	30769
be made, or in the process of being made by the municipal	30770
corporation that directly benefit, or that once made will directly	30771
benefit, the parcels for which improvements are declared to be a	30772
public purpose. The service payments provided for in section	30773
5709.42 of the Revised Code shall be used to finance the public	30774
infrastructure improvements designated in the ordinance, for the	30775
purpose described in division (D)(1) of this section or as	30776
provided in section 5709.43 of the Revised Code.	30777

(C)(1) The legislative authority of a municipal corporation	30778
may adopt an ordinance creating an incentive district and	30779
declaring improvements to parcels within the district to be a	30780
public purpose and, except as provided in division (F) of this	30781
section, exempt from taxation as provided in this section, but no	30782
legislative authority of a municipal corporation that has a	30783
population that exceeds twenty-five thousand, as shown by the most	30784
recent federal decennial census, shall adopt an ordinance that	30785
creates an incentive district if the sum of the taxable value of	30786
real property in the proposed district for the preceding tax year	30787
and the taxable value of all real property in the municipal	30788
corporation that would have been taxable in the preceding year	30789
were it not for the fact that the property was in an existing	30790
incentive district and therefore exempt from taxation exceeds	30791
twenty-five per cent of the taxable value of real property in the	30792
municipal corporation for the preceding tax year. The ordinance	30793
shall delineate the boundary of the district and specifically	30794
identify each parcel within the district. A district may not	30795
include any parcel that is or has been exempted from taxation	30796
under division (B) of this section or that is or has been within	30797
another district created under this division. An ordinance may	30798
create more than one such district, and more than one ordinance	30799
may be adopted under division (C)(1) of this section.	30800

(2) Not later than thirty days prior to adopting an ordinance	30801
under division (C)(1) of this section, if the municipal	30802
corporation intends to apply for exemptions from taxation under	30803
section 5709.911 of the Revised Code on behalf of owners of real	30804
property located within the proposed incentive district, the	30805
legislative authority of a municipal corporation shall conduct a	30806
public hearing on the proposed ordinance. Not later than thirty	30807
days prior to the public hearing, the legislative authority shall	30808
give notice of the public hearing and the proposed ordinance by	30809
first class mail to every real property owner whose property is	30810
located within the boundaries of the proposed incentive district	30811
that is the subject of the proposed ordinance.	30812

(3)(a) An ordinance adopted under division (C)(1) of this	30813
section shall specify the life of the incentive district and the	30814
percentage of the improvements to be exempted, shall designate the	30815
public infrastructure improvements made, to be made, or in the	30816
process of being made, that benefit or serve, or, once made, will	30817
benefit or serve parcels in the district. The ordinance also shall	30818
identify one or more specific projects being, or to be, undertaken	30819
in the district that place additional demand on the public	30820
infrastructure improvements designated in the ordinance. The	30821
project identified may, but need not be, the project under	30822
division (C)(3)(b) of this section that places real property in	30823
use for commercial or industrial purposes. Except as otherwise	30824
permitted under that division, the service payments provided for	30825
in section 5709.42 of the Revised Code shall be used to finance	30826
the designated public infrastructure improvements, for the purpose	30827
described in division (D)(1) or (E) of this section, or as	30828
provided in section 5709.43 of the Revised Code.	30829

An ordinance adopted under division (C)(1) of this section on	30830
or after March 30, 2006, shall not designate police or fire	30831
equipment as public infrastructure improvements, and no service	30832
payment provided for in section 5709.42 of the Revised Code and	30833
received by the municipal corporation under the ordinance shall be	30834
used for police or fire equipment.	30835

(b) An ordinance adopted under division (C)(1) of this	30836
section may authorize the use of service payments provided for in	30837
section 5709.42 of the Revised Code for the purpose of housing	30838
renovations within the incentive district, provided that the	30839
ordinance also designates public infrastructure improvements that	30840
benefit or serve the district, and that a project within the	30841
district places real property in use for commercial or industrial	30842
purposes. Service payments may be used to finance or support	30843
loans, deferred loans, and grants to persons for the purpose of	30844
housing renovations within the district. The ordinance shall	30845
designate the parcels within the district that are eligible for	30846
housing renovation. The ordinance shall state separately the	30847
amounts or the percentages of the expected aggregate service	30848
payments that are designated for each public infrastructure	30849
improvement and for the general purpose of housing renovations.	30850

(4) Except with the approval of the board of education of	30851
each city, local, or exempted village school district within the	30852
territory of which the incentive district is or will be located,	30853
and subject to division (E) of this section, the life of an	30854
incentive district shall not exceed ten years, and the percentage	30855
of improvements to be exempted shall not exceed seventy-five per	30856
cent. With approval of the board of education, the life of a	30857
district may be not more than thirty years, and the percentage of	30858
improvements to be exempted may be not more than one hundred per	30859
cent. The approval of a board of education shall be obtained in	30860
the manner provided in division (D) of this section.	30861

(D)(1) If the ordinance declaring improvements to a parcel to	30862
be a public purpose or creating an incentive district specifies	30863
that payments in lieu of taxes provided for in section 5709.42 of	30864
the Revised Code shall be paid to the city, local, or exempted	30865
village, and joint vocational school district in which the parcel	30866
or incentive district is located in the amount of the taxes that	30867
would have been payable to the school district if the improvements	30868
had not been exempted from taxation, the percentage of the	30869
improvement that may be exempted from taxation may exceed	30870
seventy-five per cent, and the exemption may be granted for up to	30871
thirty years, without the approval of the board of education as	30872
otherwise required under division (D)(2) of this section.	30873

(2) Improvements with respect to a parcel may be exempted	30874
from taxation under division (B) of this section, and improvements	30875
to parcels within an incentive district may be exempted from	30876
taxation under division (C) of this section, for up to ten years	30877
or, with the approval under this paragraph of the board of	30878
education of the city, local, or exempted village school district	30879
within which the parcel or district is located, for up to thirty	30880
years. The percentage of the improvement exempted from taxation	30881
may, with such approval, exceed seventy-five per cent, but shall	30882
not exceed one hundred per cent. Not later than forty-five	30883
business days prior to adopting an ordinance under this section	30884
declaring improvements to be a public purpose that is subject to	30885
approval by a board of education under this division, the	30886
legislative authority shall deliver to the board of education a	30887
notice stating its intent to adopt an ordinance making that	30888
declaration. The notice regarding improvements with respect to a	30889
parcel under division (B) of this section shall identify the	30890
parcels for which improvements are to be exempted from taxation,	30891
provide an estimate of the true value in money of the	30892
improvements, specify the period for which the improvements would	30893
be exempted from taxation and the percentage of the improvement	30894
that would be exempted, and indicate the date on which the	30895
legislative authority intends to adopt the ordinance. The notice	30896
regarding improvements to parcels within an incentive district	30897
under division (C) of this section shall delineate the boundaries	30898
of the district, specifically identify each parcel within the	30899
district, identify each anticipated improvement in the district,	30900
provide an estimate of the true value in money of each such	30901
improvement, specify the life of the district and the percentage	30902
of improvements that would be exempted, and indicate the date on	30903
which the legislative authority intends to adopt the ordinance.	30904
The board of education, by resolution adopted by a majority of the	30905
board, may approve the exemption for the period or for the	30906
exemption percentage specified in the notice; may disapprove the	30907
exemption for the number of years in excess of ten, may disapprove	30908
the exemption for the percentage of the improvement to be exempted	30909
in excess of seventy-five per cent, or both; or may approve the	30910
exemption on the condition that the legislative authority and the	30911
board negotiate an agreement providing for compensation to the	30912
school district equal in value to a percentage of the amount of	30913
taxes exempted in the eleventh and subsequent years of the	30914
exemption period or, in the case of exemption percentages in	30915
excess of seventy-five per cent, compensation equal in value to a	30916
percentage of the taxes that would be payable on the portion of	30917
the improvement in excess of seventy-five per cent were that	30918
portion to be subject to taxation, or other mutually agreeable	30919
compensation. If an agreement is negotiated between the	30920
legislative authority and the board to compensate the school	30921
district for all or part of the taxes exempted, including	30922
agreements for payments in lieu of taxes under section 5709.42 of	30923
the Revised Code, the legislative authority shall compensate the	30924
joint vocational school district within which the parcel or	30925
district is located at the same rate and under the same terms	30926
received by the city, local, or exempted village school district.	30927

(3) The board of education shall certify its resolution to	30928
the legislative authority not later than fourteen days prior to	30929
the date the legislative authority intends to adopt the ordinance	30930
as indicated in the notice. If the board of education and the	30931
legislative authority negotiate a mutually acceptable compensation	30932
agreement, the ordinance may declare the improvements a public	30933
purpose for the number of years specified in the ordinance or, in	30934
the case of exemption percentages in excess of seventy-five per	30935
cent, for the exemption percentage specified in the ordinance. In	30936
either case, if the board and the legislative authority fail to	30937
negotiate a mutually acceptable compensation agreement, the	30938
ordinance may declare the improvements a public purpose for not	30939
more than ten years, and shall not exempt more than seventy-five	30940
per cent of the improvements from taxation. If the board fails to	30941
certify a resolution to the legislative authority within the time	30942
prescribed by this division, the legislative authority thereupon	30943
may adopt the ordinance and may declare the improvements a public	30944
purpose for up to thirty years, or, in the case of exemption	30945
percentages proposed in excess of seventy-five per cent, for the	30946
exemption percentage specified in the ordinance. The legislative	30947
authority may adopt the ordinance at any time after the board of	30948
education certifies its resolution approving the exemption to the	30949
legislative authority, or, if the board approves the exemption on	30950
the condition that a mutually acceptable compensation agreement be	30951
negotiated, at any time after the compensation agreement is agreed	30952
to by the board and the legislative authority.	30953

(4) If a board of education has adopted a resolution waiving	30954
its right to approve exemptions from taxation under this section	30955
and the resolution remains in effect, approval of exemptions by	30956
the board is not required under division (D) of this section. If a	30957
board of education has adopted a resolution allowing a legislative	30958
authority to deliver the notice required under division (D) of	30959
this section fewer than forty-five business days prior to the	30960
legislative authority's adoption of the ordinance, the legislative	30961
authority shall deliver the notice to the board not later than the	30962
number of days prior to such adoption as prescribed by the board	30963
in its resolution. If a board of education adopts a resolution	30964
waiving its right to approve agreements or shortening the	30965
notification period, the board shall certify a copy of the	30966
resolution to the legislative authority. If the board of education	30967
rescinds such a resolution, it shall certify notice of the	30968
rescission to the legislative authority.	30969

(5) If the legislative authority is not required by division	30970
(D) of this section to notify the board of education of the	30971
legislative authority's intent to declare improvements to be a	30972
public purpose, the legislative authority shall comply with the	30973
notice requirements imposed under section 5709.83 of the Revised	30974
Code, unless the board has adopted a resolution under that section	30975
waiving its right to receive such a notice.	30976

(E)(1) If a proposed ordinance under division (C)(1) of this	30977
section exempts improvements with respect to a parcel within an	30978
incentive district for more than ten years, or the percentage of	30979
the improvement exempted from taxation exceeds seventy-five per	30980
cent, not later than forty-five business days prior to adopting	30981
the ordinance the legislative authority of the municipal	30982
corporation shall deliver to the board of county commissioners of	30983
the county within which the incentive district will be located a	30984
notice that states its intent to adopt an ordinance creating an	30985
incentive district. The notice shall include a copy of the	30986
proposed ordinance, identify the parcels for which improvements	30987
are to be exempted from taxation, provide an estimate of the true	30988
value in money of the improvements, specify the period of time for	30989
which the improvements would be exempted from taxation, specify	30990
the percentage of the improvements that would be exempted from	30991
taxation, and indicate the date on which the legislative authority	30992
intends to adopt the ordinance.	30993

(2) The board of county commissioners, by resolution adopted	30994
by a majority of the board, may object to the exemption for the	30995
number of years in excess of ten, may object to the exemption for	30996
the percentage of the improvement to be exempted in excess of	30997
seventy-five per cent, or both. If the board of county	30998
commissioners objects, the board may negotiate a mutually	30999
acceptable compensation agreement with the legislative authority.	31000
In no case shall the compensation provided to the board exceed the	31001
property taxes forgone due to the exemption. If the board of	31002
county commissioners objects, and the board and legislative	31003
authority fail to negotiate a mutually acceptable compensation	31004
agreement, the ordinance adopted under division (C)(1) of this	31005
section shall provide to the board compensation in the eleventh	31006
and subsequent years of the exemption period equal in value to not	31007
more than fifty per cent of the taxes that would be payable to the	31008
county or, if the board's objection includes an objection to an	31009
exemption percentage in excess of seventy-five per cent,	31010
compensation equal in value to not more than fifty per cent of the	31011
taxes that would be payable to the county, on the portion of the	31012
improvement in excess of seventy-five per cent, were that portion	31013
to be subject to taxation. The board of county commissioners shall	31014
certify its resolution to the legislative authority not later than	31015
thirty days after receipt of the notice.	31016

(3) If the board of county commissioners does not object or	31017
fails to certify its resolution objecting to an exemption within	31018
thirty days after receipt of the notice, the legislative authority	31019
may adopt the ordinance, and no compensation shall be provided to	31020
the board of county commissioners. If the board timely certifies	31021
its resolution objecting to the ordinance, the legislative	31022
authority may adopt the ordinance at any time after a mutually	31023
acceptable compensation agreement is agreed to by the board and	31024
the legislative authority, or, if no compensation agreement is	31025
negotiated, at any time after the legislative authority agrees in	31026
the proposed ordinance to provide compensation to the board of	31027
fifty per cent of the taxes that would be payable to the county in	31028
the eleventh and subsequent years of the exemption period or on	31029
the portion of the improvement in excess of seventy-five per cent,	31030
were that portion to be subject to taxation.	31031

(F) Service payments in lieu of taxes that are attributable	31032
to any amount by which the effective tax rate of either a renewal	31033
levy with an increase or a replacement levy exceeds the effective	31034
tax rate of the levy renewed or replaced, or that are attributable	31035
to an additional levy, for a levy authorized by the voters for any	31036
of the following purposes on or after January 1, 2006, and which	31037
are provided pursuant to an ordinance creating an incentive	31038
district under division (C)(1) of this section that is adopted on	31039
or after January 1, 2006, shall be distributed to the appropriate	31040
taxing authority as required under division (C) of section 5709.42	31041
of the Revised Code in an amount equal to the amount of taxes from	31042
that additional levy or from the increase in the effective tax	31043
rate of such renewal or replacement levy that would have been	31044
payable to that taxing authority from the following levies were it	31045
not for the exemption authorized under division (C) of this	31046
section:	31047

(1) A tax levied under division (L) of section 5705.19 or	31048
section 5705.191 of the Revised Code for community mental	31049
retardation and developmental disabilities programs and services	31050
pursuant to Chapter 5126. of the Revised Code;	31051

(2) A tax levied under division (Y) of section 5705.19 of the	31052
Revised Code for providing or maintaining senior citizens services	31053
or facilities;	31054

(3) A tax levied under section 5705.22 of the Revised Code	31055
for county hospitals;	31056

(4) A tax levied by a joint-county district or by a county	31057
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	31058
for alcohol, drug addiction, and mental health services or	31059
facilities;	31060

(5) A tax levied under section 5705.23 of the Revised Code	31061
for library purposes;	31062

(6) A tax levied under section 5705.24 of the Revised Code	31063
for the support of children services and the placement and care of	31064
children;	31065

(7) A tax levied under division (Z) of section 5705.19 of the	31066
Revised Code for the provision and maintenance of zoological park	31067
services and facilities under section 307.76 of the Revised Code;	31068

(8) A tax levied under section 511.27 or division (H) of	31069
section 5705.19 of the Revised Code for the support of township	31070
park districts;	31071

(9) A tax levied under division (A), (F), or (H) of section	31072
5705.19 of the Revised Code for parks and recreational purposes of	31073
a joint recreation district organized pursuant to division (B) of	31074
section 755.14 of the Revised Code;	31075

(10) A tax levied under section 1545.20 or 1545.21 of the	31076
Revised Code for park district purposes;	31077

(11) A tax levied under section 5705.191 of the Revised Code	31078
for the purpose of making appropriations for public assistance;	31079
human or social services; public relief; public welfare; public	31080
health and hospitalization; and support of general hospitals;	31081

(12) A tax levied under section 3709.29 of the Revised Code	31082
for a general health district program.	31083

(G) An exemption from taxation granted under this section	31084
commences with the tax year specified in the ordinance so long as	31085
the year specified in the ordinance commences after the effective	31086
date of the ordinance. If the ordinance specifies a year	31087
commencing before the effective date of the resolution or	31088
specifies no year whatsoever, the exemption commences with the tax	31089
year in which an exempted improvement first appears on the tax	31090
list and duplicate of real and public utility property and that	31091
commences after the effective date of the ordinance. In lieu of	31092
stating a specific year, the ordinance may provide that the	31093
exemption commences in the tax year in which the value of an	31094
improvement exceeds a specified amount or in which the	31095
construction of one or more improvements is completed, provided	31096
that such tax year commences after the effective date of the	31097
ordinance. With respect to the exemption of improvements to	31098
parcels under division (B) of this section, the ordinance may	31099
allow for the exemption to commence in different tax years on a	31100
parcel-by-parcel basis, with a separate exemption term specified	31101
for each parcel.	31102

Except as otherwise provided in this division, the exemption	31103
ends on the date specified in the ordinance as the date the	31104
improvement ceases to be a public purpose or the incentive	31105
district expires, or ends on the date on which the public	31106
infrastructure improvements and housing renovations are paid in	31107
full from the municipal public improvement tax increment	31108
equivalent fund established under division (A) of section 5709.43	31109
of the Revised Code, whichever occurs first. The exemption of an	31110
improvement with respect to a parcel or within an incentive	31111
district may end on a later date, as specified in the ordinance,	31112
if the legislative authority and the board of education of the	31113
city, local, or exempted village school district within which the	31114
parcel or district is located have entered into a compensation	31115
agreement under section 5709.82 of the Revised Code with respect	31116
to the improvement, and the board of education has approved the	31117
term of the exemption under division (D)(2) of this section, but	31118
in no case shall the improvement be exempted from taxation for	31119
more than thirty years. Exemptions shall be claimed and allowed in	31120
the same manner as in the case of other real property exemptions.	31121
If an exemption status changes during a year, the procedure for	31122
the apportionment of the taxes for that year is the same as in the	31123
case of other changes in tax exemption status during the year.	31124

(H) Additional municipal financing of public infrastructure	31125
improvements and housing renovations may be provided by any	31126
methods that the municipal corporation may otherwise use for	31127
financing such improvements or renovations. If the municipal	31128
corporation issues bonds or notes to finance the public	31129
infrastructure improvements and housing renovations and pledges	31130
money from the municipal public improvement tax increment	31131
equivalent fund to pay the interest on and principal of the bonds	31132
or notes, the bonds or notes are not subject to Chapter 133. of	31133
the Revised Code.	31134

(I) The municipal corporation, not later than fifteen days	31135
after the adoption of an ordinance under this section, shall	31136
submit to the director of development services a copy of the	31137
ordinance. On or before the thirty-first day of March of each	31138
year, the municipal corporation shall submit a status report to	31139
the director of development services. The report shall indicate,	31140
in the manner prescribed by the director, the progress of the	31141
project during each year that an exemption remains in effect,	31142
including a summary of the receipts from service payments in lieu	31143
of taxes; expenditures of money from the funds created under	31144
section 5709.43 of the Revised Code; a description of the public	31145
infrastructure improvements and housing renovations financed with	31146
such expenditures; and a quantitative summary of changes in	31147
employment and private investment resulting from each project.	31148

(J) Nothing in this section shall be construed to prohibit a	31149
legislative authority from declaring to be a public purpose	31150
improvements with respect to more than one parcel.	31151

(K) If a parcel is located in a new community district in	31152
which the new community authority imposes a community development	31153
charge on the basis of rentals received from leases of real	31154
property as described in division (L)(2) of section 349.01 of the	31155
Revised Code, the parcel may not be exempted from taxation under	31156
this section.	31157

Sec. 5713.012. (A) For purposes of this section:

31158

(1) "Mass appraisal project" means any sexennial reappraisal,	31159
triennial update, or other revaluation of all real property or the	31160
valuation of newly constructed real property in accordance with	31161
section 5713.01 of the Revised Code.	31162

(2) "Qualified project manager" means a person who plans,	31163
manages, coordinates, and controls the execution of a mass	31164
appraisal project under the direction of the county auditor and	31165
who has all of the following qualifications:	31166

(a) Has passed a comprehensive final examination that	31167
corresponds to a course, approved by the superintendent of real	31168
estate and professional licensing, that consists of at least	31169
thirty hours of instruction, quizzes, and learning aids. The	31170
superintendent shall not approve a course under this division that	31171
does not address the following topics in both the instruction and	31172
the examination:	31173

(i) Concepts and principles of mass appraisal as they relate	31174
to the assessment of real property for the purposes of ad valorem	31175
taxation;	31176

(ii) Methods of data collection and data management relative	31177
to parcels of real property, including modern alternative data	31178
collection methods and currently utilized computer-assisted mass	31179
appraisal systems;	31180

(iii) Assessment sales-ratio study including various measures	31181
of central tendency, the various measures of dispersion of data	31182
about the mean, median, and dollar-weighted mean, and the	31183
advantages and disadvantages of various analysis techniques;	31184

(iv) Traditional approaches of property valuation, including	31185
the cost approach, the sales comparison approach, and the income	31186
approach, as they are implemented in a mass appraisal project;	31187

(v) Methods and systems for model building and model	31188
calibration as related to mass appraisal of real property;	31189

(vi) Methods of production management and project analysis	31190
such as Gantt charts, program evaluation and review technique	31191
(PERT) charts, frequency distribution charts, line graphs, bar	31192
charts, and scatter diagrams, as they are utilized in the mass	31193
appraisal area.	31194

(b) Has completed at least seven hours of continuing	31195
education courses in mass appraisal during the two-year period	31196
immediately succeeding the year in which the person passed the	31197
examination required in division (A)(2)(a) of this section, and	31198
during each two-year period thereafter.	31199

(B)(1) The county auditor, in acting as the assessor of all	31200
real property in the auditor's county for taxation purposes in	31201
accordance with section 5713.01 of the Revised Code, shall involve	31202
at least one qualified project manager in each mass ~~assessment~~	31203
appraisal project that originates more than two years after the	31204
effective date of the enactment of this section by H.B. 487 of the	31205
129th general assembly, September 10, 2012.	31206

(2) The tax commissioner, beginning two years after the	31207
effective date of the enactment of this section by H.B. 487 of the	31208
129th general assembly, September 10, 2012, shall not approve any	31209
contract entered into by the auditor under division (E) of section	31210
5713.01 of the Revised Code, with a person to do all or any part	31211
of the work necessary to the performance of the auditor's duties	31212
as assessor unless that person designates an officer or employee	31213
of that person, with the appropriate credentials, to act as a	31214
qualified project manager.	31215

(3) The tax commissioner, beginning two years after the	31216
effective date of the enactment of this section by H.B. 487 of the	31217
129th general assembly, September 10, 2012, shall not include any	31218
person that has not designated an officer or employee, with the	31219
appropriate credentials, to act as a qualified project manager on	31220
a list generated by the commissioner for either of the following	31221
purposes:	31222

(a) To assist county auditors in selecting a person to do all	31223
or any part of the work necessary to the performance of the	31224
auditor's duties as assessor of all real property under section	31225
5713.01 of the Revised Code;	31226

(b) To assist the commissioner in the consideration of	31227
whether to approve or disapprove the auditor's application	31228
requesting authority to employ an appraisal firm or individual	31229
appraiser.	31230

(C) The superintendent of real estate and professional	31231
licensing shall adopt reasonable rules in accordance with Chapter	31232
119. of the Revised Code necessary for the implementation of this	31233
section, including rules establishing both of the following:	31234

(1) The form and manner by which persons may apply to the	31235
superintendent to offer a thirty-hour course or continuing	31236
education course as described in division (A)(2) of this section;	31237

(2) Standards to be used by the superintendent in approving a	31238
thirty-hour course or continuing education course described in	31239
division (A)(2) of this section.	31240

Sec. 5727.111. The taxable property of each public utility,	31241
except a railroad company, and of each interexchange	31242
telecommunications company shall be assessed at the following	31243
percentages of true value:	31244

(A) In the case of a rural electric company, fifty per cent	31245
in the case of its taxable transmission and distribution property	31246
and its energy conversion equipment, and twenty-five per cent for	31247
all its other taxable property;	31248

(B) In the case of a telephone or telegraph company,	31249
twenty-five per cent for taxable property first subject to	31250
taxation in this state for tax year 1995 or thereafter for tax	31251
years before tax year 2007, and pursuant to division (H) of	31252
section 5711.22 of the Revised Code for tax year 2007 and	31253
thereafter, and the following for all other taxable property:	31254

(1) For tax years prior to 2005, eighty-eight per cent;

31255

(2) For tax year 2005, sixty-seven per cent;

31256

(3) For tax year 2006, forty-six per cent;

31257

(4) For tax year 2007 and thereafter, pursuant to division	31258
(H) of section 5711.22 of the Revised Code.	31259

(C) Twenty-five per cent in the case of a natural gas	31260
company.	31261

(D) Eighty-eight per cent in the case of a pipe-line,	31262
~~water-works,~~ or heating company;	31263

(E)(1) For tax year 2005, eighty-eight per cent in the case	31264
of the taxable transmission and distribution property of an	31265
electric company, and twenty-five per cent for all its other	31266
taxable property;	31267

(2) For tax year 2006 and each tax year thereafter, in the	31268
case of an electric company, eighty-five per cent in the case of	31269
its taxable transmission and distribution property and its energy	31270
conversion equipment, and twenty-four per cent for all its other	31271
taxable property.	31272

(F)(1) Twenty-five per cent in the case of an interexchange	31273
telecommunications company for tax years before tax year 2007;	31274

(2) Pursuant to division (H) of section 5711.22 of the	31275
Revised Code for tax year 2007 and thereafter.	31276

(G) Twenty-five per cent in the case of a water	31277
transportation company;	31278

(H) For tax year 2011 and each tax year thereafter in the	31279
case of an energy company, twenty-four per cent in the case of its	31280
taxable production equipment, and eighty-five per cent for all its	31281
other taxable property.	31282

(I) In the case of a water-works company, twenty-five per	31283
cent for taxable property first subject to taxation in this state	31284
for tax year 2014 or thereafter, and eighty-eight per cent for all	31285
its other taxable property.	31286

Sec. 5739.05. (A) The tax commissioner shall enforce and	31287
administer sections 5739.01 to 5739.31 of the Revised Code, which	31288
are hereby declared to be sections which the commissioner is	31289
required to administer within the meaning of sections 5703.17 to	31290
5703.37, 5703.39, 5703.41, and 5703.45 of the Revised Code. The	31291
commissioner may adopt and promulgate, in accordance with sections	31292
119.01 to 119.13 of the Revised Code, such rules as the	31293
commissioner deems necessary to administer sections 5739.01 to	31294
5739.31 of the Revised Code.	31295

(B) Upon application, the commissioner may authorize a vendor	31296
to pay on a predetermined basis the tax levied by or pursuant to	31297
section 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised	31298
Code upon sales of things produced or distributed or services	31299
provided by such vendor, and the commissioner may waive the	31300
collection of the tax from the consumer. The commissioner shall	31301
not grant such authority unless the commissioner finds that the	31302
granting of the authority would improve compliance and increase	31303
the efficiency of the administration of the tax. The person to	31304
whom such authority is granted shall post a notice, if required by	31305
the commissioner, at the location where the product is offered for	31306
sale that the tax is included in the selling price. The	31307
~~comissioner~~commissioner may adopt rules to administer this	31308
division.	31309

(C) ~~The~~Upon application, the commissioner may authorize a	31310
vendor to ~~pay~~remit, on the basis of a prearranged agreement under	31311
this division, the tax levied by section 5739.02 or pursuant to	31312
section 5739.021, 5739.023, or 5739.026 of the Revised Code~~, and~~	31313
~~waive the requirement that the vendor maintain the complete and~~	31314
~~accurate record of individual taxable sales and tax collected~~	31315
~~thereon required by section 5739.11 of the Revised Code, upon~~	31316
~~application of the vendor, if the commissioner finds that the~~	31317
~~conditions of the vendor-applicant's business are such that the~~	31318
~~maintenance of such records of individual taxable sales and tax~~	31319
~~collected thereon would impose an unreasonable burden upon the~~	31320
~~vendor. If the commissioner determines that such unreasonable~~	31321
~~burden has been imposed, the vendor and the commissioner shall~~	31322
~~agree to the terms and conditions of a test check to be conducted~~.	31323
The proportions and ratios in a prearranged agreement shall be	31324
determined either by a test check conducted by the commissioner	31325
under terms and conditions agreed to by the commissioner and the	31326
vendor or by any other method agreed upon by the vendor and the	31327
commissioner. If the parties are unable to agree to the terms and	31328
conditions of the test check or other method, the application	31329
shall be denied. ~~The~~	31330

If used, the test check ~~conducted~~ shall determine the	31331
proportion that taxable retail sales bear to all of the vendor's	31332
retail sales and the ratio which the tax required to be collected	31333
under sections 5739.02, 5739.021, ~~and~~ 5739.023, and 5739.026 of	31334
the Revised Code bears to the receipts from the vendor's taxable	31335
retail sales.	31336

The ~~vendor shall collect the tax on the vendor's taxable~~	31337
~~sales and the~~ vendor's liability for ~~collecting or~~ remitting the	31338
tax shall be based solely upon the proportions and ratios	31339
established ~~by the test check, and not upon any other basis of~~	31340
~~determination,~~in the agreement until such time ~~as a subsequent~~	31341
~~test check is made at the request of either~~that the vendor or the	31342
commissioner ~~where either party~~ believes that the nature of the	31343
vendor's business has so changed as to make the ~~prior or existing~~	31344
~~test check~~agreement no longer representative. The commissioner	31345
may give notice to the vendor at any time that the authorization	31346
is revoked or the vendor may notify the commissioner that the	31347
vendor no longer elects to report under the authorization. Such	31348
notice shall be delivered to the other party personally or by	31349
registered mail. The revocation or cancellation is ~~not~~ effective	31350
~~prior to~~ the ~~date of receipt of such~~last day of the month in	31351
which the vendor or the commissioner receives the notice.	31352

Sec. 5739.09. (A)(1) A board of county commissioners may, by	31353
resolution adopted by a majority of the members of the board, levy	31354
an excise tax not to exceed three per cent on transactions by	31355
which lodging by a hotel is or is to be furnished to transient	31356
guests. The board shall establish all regulations necessary to	31357
provide for the administration and allocation of the tax. The	31358
regulations may prescribe the time for payment of the tax, and may	31359
provide for the imposition of a penalty or interest, or both, for	31360
late payments, provided that the penalty does not exceed ten per	31361
cent of the amount of tax due, and the rate at which interest	31362
accrues does not exceed the rate per annum prescribed pursuant to	31363
section 5703.47 of the Revised Code. Except as provided in	31364
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	31365
regulations shall provide, after deducting the real and actual	31366
costs of administering the tax, for the return to each municipal	31367
corporation or township that does not levy an excise tax on the	31368
transactions, a uniform percentage of the tax collected in the	31369
municipal corporation or in the unincorporated portion of the	31370
township from each transaction, not to exceed thirty-three and	31371
one-third per cent. The remainder of the revenue arising from the	31372
tax shall be deposited in a separate fund and shall be spent	31373
solely to make contributions to the convention and visitors'	31374
bureau operating within the county, including a pledge and	31375
contribution of any portion of the remainder pursuant to an	31376
agreement authorized by section 307.678 or 307.695 of the Revised	31377
Code, provided that if the board of county commissioners of an	31378
eligible county as defined in section 307.678 or 307.695 of the	31379
Revised Code adopts a resolution amending a resolution levying a	31380
tax under this division to provide that ~~the~~ revenue from the tax	31381
shall be used by the board as described in either division (D) of	31382
section 307.678 or division (H) of section 307.695 of the Revised	31383
Code, the remainder of the revenue shall be used as described in	31384
the resolution making that amendment. Except as provided in	31385
division (A)(2), (3), (4), (5), (6), or (7) or (H) of this	31386
section, on and after May 10, 1994, a board of county	31387
commissioners may not levy an excise tax pursuant to this division	31388
in any municipal corporation or township located wholly or partly	31389
within the county that has in effect an ordinance or resolution	31390
levying an excise tax pursuant to division (B) of this section.	31391
The board of a county that has levied a tax under division (C) of	31392
this section may, by resolution adopted within ninety days after	31393
July 15, 1985, by a majority of the members of the board, amend	31394
the resolution levying a tax under this division to provide for a	31395
portion of that tax to be pledged and contributed in accordance	31396
with an agreement entered into under section 307.695 of the	31397
Revised Code. A tax, any revenue from which is pledged pursuant to	31398
such an agreement, shall remain in effect at the rate at which it	31399
is imposed for the duration of the period for which the revenue	31400
from the tax has been so pledged.	31401

The board of county commissioners of an eligible county as	31402
defined in section 307.695 of the Revised Code may, by resolution	31403
adopted by a majority of the members of the board, amend a	31404
resolution levying a tax under this division to provide that the	31405
revenue from the tax shall be used by the board as described in	31406
division (H) of section 307.695 of the Revised Code, in which case	31407
the tax shall remain in effect at the rate at which it was imposed	31408
for the duration of any agreement entered into by the board under	31409
section 307.695 of the Revised Code, the duration during which any	31410
securities issued by the board under that section are outstanding,	31411
or the duration of the period during which the board owns a	31412
project as defined in section 307.695 of the Revised Code,	31413
whichever duration is longest.	31414

The board of county commissioners of an eligible county as	31415
defined in section 307.678 of the Revised Code may, by resolution,	31416
amend a resolution levying a tax under this division to provide	31417
that revenue from the tax, not to exceed five hundred thousand	31418
dollars each year, may be used as described in division (D) of	31419
section 307.678 of the Revised Code.	31420

(2) A board of county commissioners that levies an excise tax	31421
under division (A)(1) of this section on June 30, 1997, at a rate	31422
of three per cent, and that has pledged revenue from the tax to an	31423
agreement entered into under section 307.695 of the Revised Code	31424
or, in the case of the board of county commissioners of an	31425
eligible county as defined in section 307.695 of the Revised Code,	31426
has amended a resolution levying a tax under division (C) of this	31427
section to provide that proceeds from the tax shall be used by the	31428
board as described in division (H) of section 307.695 of the	31429
Revised Code, may, at any time by a resolution adopted by a	31430
majority of the members of the board, amend the resolution levying	31431
a tax under division (A)(1) of this section to provide for an	31432
increase in the rate of that tax up to seven per cent on each	31433
transaction; to provide that revenue from the increase in the rate	31434
shall be used as described in division (H) of section 307.695 of	31435
the Revised Code or be spent solely to make contributions to the	31436
convention and visitors' bureau operating within the county to be	31437
used specifically for promotion, advertising, and marketing of the	31438
region in which the county is located; and to provide that the	31439
rate in excess of the three per cent levied under division (A)(1)	31440
of this section shall remain in effect at the rate at which it is	31441
imposed for the duration of the period during which any agreement	31442
is in effect that was entered into under section 307.695 of the	31443
Revised Code by the board of county commissioners levying a tax	31444
under division (A)(1) of this section, the duration of the period	31445
during which any securities issued by the board under division (I)	31446
of section 307.695 of the Revised Code are outstanding, or the	31447
duration of the period during which the board owns a project as	31448
defined in section 307.695 of the Revised Code, whichever duration	31449
is longest. The amendment also shall provide that no portion of	31450
that revenue need be returned to townships or municipal	31451
corporations as would otherwise be required under division (A)(1)	31452
of this section.	31453

(3) A board of county commissioners that levies a tax under	31454
division (A)(1) of this section on March 18, 1999, at a rate of	31455
three per cent may, by resolution adopted not later than	31456
forty-five days after March 18, 1999, amend the resolution levying	31457
the tax to provide for all of the following:	31458

(a) That the rate of the tax shall be increased by not more	31459
than an additional four per cent on each transaction;	31460

(b) That all of the revenue from the increase in the rate	31461
shall be pledged and contributed to a convention facilities	31462
authority established by the board of county commissioners under	31463
Chapter 351. of the Revised Code on or before November 15, 1998,	31464
and used to pay costs of constructing, maintaining, operating, and	31465
promoting a facility in the county, including paying bonds, or	31466
notes issued in anticipation of bonds, as provided by that	31467
chapter;	31468

(c) That no portion of the revenue arising from the increase	31469
in rate need be returned to municipal corporations or townships as	31470
otherwise required under division (A)(1) of this section;	31471

(d) That the increase in rate shall not be subject to	31472
diminution by initiative or referendum or by law while any bonds,	31473
or notes in anticipation of bonds, issued by the authority under	31474
Chapter 351. of the Revised Code to which the revenue is pledged,	31475
remain outstanding in accordance with their terms, unless	31476
provision is made by law or by the board of county commissioners	31477
for an adequate substitute therefor that is satisfactory to the	31478
trustee if a trust agreement secures the bonds.	31479

Division (A)(3) of this section does not apply to the board	31480
of county commissioners of any county in which a convention center	31481
or facility exists or is being constructed on November 15, 1998,	31482
or of any county in which a convention facilities authority levies	31483
a tax pursuant to section 351.021 of the Revised Code on that	31484
date.	31485

As used in division (A)(3) of this section, "cost" and	31486
"facility" have the same meanings as in section 351.01 of the	31487
Revised Code, and "convention center" has the same meaning as in	31488
section 307.695 of the Revised Code.	31489

(4)(a) A board of county commissioners that levies a tax	31490
under division (A)(1) of this section on June 30, 2002, at a rate	31491
of three per cent may, by resolution adopted not later than	31492
September 30, 2002, amend the resolution levying the tax to	31493
provide for all of the following:	31494

(i) That the rate of the tax shall be increased by not more	31495
than an additional three and one-half per cent on each	31496
transaction;	31497

(ii) That all of the revenue from the increase in rate shall	31498
be pledged and contributed to a convention facilities authority	31499
established by the board of county commissioners under Chapter	31500
351. of the Revised Code on or before May 15, 2002, and be used to	31501
pay costs of constructing, expanding, maintaining, operating, or	31502
promoting a convention center in the county, including paying	31503
bonds, or notes issued in anticipation of bonds, as provided by	31504
that chapter;	31505

(iii) That no portion of the revenue arising from the	31506
increase in rate need be returned to municipal corporations or	31507
townships as otherwise required under division (A)(1) of this	31508
section;	31509

(iv) That the increase in rate shall not be subject to	31510
diminution by initiative or referendum or by law while any bonds,	31511
or notes in anticipation of bonds, issued by the authority under	31512
Chapter 351. of the Revised Code to which the revenue is pledged,	31513
remain outstanding in accordance with their terms, unless	31514
provision is made by law or by the board of county commissioners	31515
for an adequate substitute therefor that is satisfactory to the	31516
trustee if a trust agreement secures the bonds.	31517

(b) Any board of county commissioners that, pursuant to	31518
division (A)(4)(a) of this section, has amended a resolution	31519
levying the tax authorized by division (A)(1) of this section may	31520
further amend the resolution to provide that the revenue referred	31521
to in division (A)(4)(a)(ii) of this section shall be pledged and	31522
contributed both to a convention facilities authority to pay the	31523
costs of constructing, expanding, maintaining, or operating one or	31524
more convention centers in the county, including paying bonds, or	31525
notes issued in anticipation of bonds, as provided in Chapter 351.	31526
of the Revised Code, and to a convention and visitors' bureau to	31527
pay the costs of promoting one or more convention centers in the	31528
county.	31529

As used in division (A)(4) of this section, "cost" has the	31530
same meaning as in section 351.01 of the Revised Code, and	31531
"convention center" has the same meaning as in section 307.695 of	31532
the Revised Code.	31533

(5)(a) As used in division (A)(5) of this section:

31534

(i) "Port authority" means a port authority created under	31535
Chapter 4582. of the Revised Code.	31536

(ii) "Port authority military-use facility" means port	31537
authority facilities on which or adjacent to which is located an	31538
installation of the armed forces of the United States, a reserve	31539
component thereof, or the national guard and at least part of	31540
which is made available for use, for consideration, by the armed	31541
forces of the United States, a reserve component thereof, or the	31542
national guard.	31543

(b) For the purpose of contributing revenue to pay operating	31544
expenses of a port authority that operates a port authority	31545
military-use facility, the board of county commissioners of a	31546
county that created, participated in the creation of, or has	31547
joined such a port authority may do one or both of the following:	31548

(i) Amend a resolution previously adopted under division	31549
(A)(1) of this section to designate some or all of the revenue	31550
from the tax levied under the resolution to be used for that	31551
purpose, notwithstanding that division;	31552

(ii) Amend a resolution previously adopted under division	31553
(A)(1) of this section to increase the rate of the tax by not more	31554
than an additional two per cent and use the revenue from the	31555
increase exclusively for that purpose.	31556

(c) If a board of county commissioners amends a resolution to	31557
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	31558
of this section, the board also may amend the resolution to	31559
specify that the increase in rate of the tax does not apply to	31560
"hotels," as otherwise defined in section 5739.01 of the Revised	31561
Code, having fewer rooms used for the accommodation of guests than	31562
a number of rooms specified by the board.	31563

(6) A board of county commissioners of a county organized	31564
under a county charter adopted pursuant to Article X, Section 3,	31565
Ohio Constitution, and that levies an excise tax under division	31566
(A)(1) of this section at a rate of three per cent and levies an	31567
additional excise tax under division (E) of this section at a rate	31568
of one and one-half per cent may, by resolution adopted not later	31569
than January 1, 2008, by a majority of the members of the board,	31570
amend the resolution levying a tax under division (A)(1) of this	31571
section to provide for an increase in the rate of that tax by not	31572
more than an additional one per cent on transactions by which	31573
lodging by a hotel is or is to be furnished to transient guests.	31574
Notwithstanding divisions (A)(1) and (E) of this section, the	31575
resolution shall provide that all of the revenue from the increase	31576
in rate, after deducting the real and actual costs of	31577
administering the tax, shall be used to pay the costs of	31578
improving, expanding, equipping, financing, or operating a	31579
convention center by a convention and visitors' bureau in the	31580
county. The increase in rate shall remain in effect for the period	31581
specified in the resolution, not to exceed ten years. The increase	31582
in rate shall be subject to the regulations adopted under division	31583
(A)(1) of this section, except that the resolution may provide	31584
that no portion of the revenue from the increase in the rate shall	31585
be returned to townships or municipal corporations as would	31586
otherwise be required under that division.	31587

(7) Division (A)(7) of this section applies only to a county	31588
with a population greater than sixty-five thousand and less than	31589
seventy thousand according to the most recent federal decennial	31590
census and in which, on December 31, 2006, an excise tax is levied	31591
under division (A)(1) of this section at a rate not less than and	31592
not greater than three per cent, and in which the most recent	31593
increase in the rate of that tax was enacted or took effect in	31594
November 1984.	31595

The board of county commissioners of a county to which this	31596
division applies, by resolution adopted by a majority of the	31597
members of the board, may increase the rate of the tax by not more	31598
than one per cent on transactions by which lodging by a hotel is	31599
or is to be furnished to transient guests. The increase in rate	31600
shall be for the purpose of paying expenses deemed necessary by	31601
the convention and visitors' bureau operating in the county to	31602
promote travel and tourism. The increase in rate shall remain in	31603
effect for the period specified in the resolution, not to exceed	31604
twenty years, provided that the increase in rate may not continue	31605
beyond the time when the purpose for which the increase is levied	31606
ceases to exist. If revenue from the increase in rate is pledged	31607
to the payment of debt charges on securities, the increase in rate	31608
is not subject to diminution by initiative or referendum or by law	31609
for so long as the securities are outstanding, unless provision is	31610
made by law or by the board of county commissioners for an	31611
adequate substitute for that revenue that is satisfactory to the	31612
trustee if a trust agreement secures payment of the debt charges.	31613
The increase in rate shall be subject to the regulations adopted	31614
under division (A)(1) of this section, except that the resolution	31615
may provide that no portion of the revenue from the increase in	31616
the rate shall be returned to townships or municipal corporations	31617
as would otherwise be required under division (A)(1) of this	31618
section. A resolution adopted under division (A)(7) of this	31619
section is subject to referendum under sections 305.31 to 305.99	31620
of the Revised Code.	31621

(B)(1) The legislative authority of a municipal corporation	31622
or the board of trustees of a township that is not wholly or	31623
partly located in a county that has in effect a resolution levying	31624
an excise tax pursuant to division (A)(1) of this section may, by	31625
ordinance or resolution, levy an excise tax not to exceed three	31626
per cent on transactions by which lodging by a hotel is or is to	31627
be furnished to transient guests. The legislative authority of the	31628
municipal corporation or the board of trustees of the township	31629
shall deposit at least fifty per cent of the revenue from the tax	31630
levied pursuant to this division into a separate fund, which shall	31631
be spent solely to make contributions to convention and visitors'	31632
bureaus operating within the county in which the municipal	31633
corporation or township is wholly or partly located, and the	31634
balance of that revenue shall be deposited in the general fund.	31635
The municipal corporation or township shall establish all	31636
regulations necessary to provide for the administration and	31637
allocation of the tax. The regulations may prescribe the time for	31638
payment of the tax, and may provide for the imposition of a	31639
penalty or interest, or both, for late payments, provided that the	31640
penalty does not exceed ten per cent of the amount of tax due, and	31641
the rate at which interest accrues does not exceed the rate per	31642
annum prescribed pursuant to section 5703.47 of the Revised Code.	31643
The levy of a tax under this division is in addition to any tax	31644
imposed on the same transaction by a municipal corporation or a	31645
township as authorized by division (A) of section 5739.08 of the	31646
Revised Code.	31647

(2)(a) The legislative authority of the most populous	31648
municipal corporation located wholly or partly in a county in	31649
which the board of county commissioners has levied a tax under	31650
division (A)(4) of this section may amend, on or before September	31651
30, 2002, that municipal corporation's ordinance or resolution	31652
that levies an excise tax on transactions by which lodging by a	31653
hotel is or is to be furnished to transient guests, to provide for	31654
all of the following:	31655

(i) That the rate of the tax shall be increased by not more	31656
than an additional one per cent on each transaction;	31657

(ii) That all of the revenue from the increase in rate shall	31658
be pledged and contributed to a convention facilities authority	31659
established by the board of county commissioners under Chapter	31660
351. of the Revised Code on or before May 15, 2002, and be used to	31661
pay costs of constructing, expanding, maintaining, operating, or	31662
promoting a convention center in the county, including paying	31663
bonds, or notes issued in anticipation of bonds, as provided by	31664
that chapter;	31665

(iii) That the increase in rate shall not be subject to	31666
diminution by initiative or referendum or by law while any bonds,	31667
or notes in anticipation of bonds, issued by the authority under	31668
Chapter 351. of the Revised Code to which the revenue is pledged,	31669
remain outstanding in accordance with their terms, unless	31670
provision is made by law, by the board of county commissioners, or	31671
by the legislative authority, for an adequate substitute therefor	31672
that is satisfactory to the trustee if a trust agreement secures	31673
the bonds.	31674

(b) The legislative authority of a municipal corporation	31675
that, pursuant to division (B)(2)(a) of this section, has amended	31676
its ordinance or resolution to increase the rate of the tax	31677
authorized by division (B)(1) of this section may further amend	31678
the ordinance or resolution to provide that the revenue referred	31679
to in division (B)(2)(a)(ii) of this section shall be pledged and	31680
contributed both to a convention facilities authority to pay the	31681
costs of constructing, expanding, maintaining, or operating one or	31682
more convention centers in the county, including paying bonds, or	31683
notes issued in anticipation of bonds, as provided in Chapter 351.	31684
of the Revised Code, and to a convention and visitors' bureau to	31685
pay the costs of promoting one or more convention centers in the	31686
county.	31687

As used in division (B)(2) of this section, "cost" has the	31688
same meaning as in section 351.01 of the Revised Code, and	31689
"convention center" has the same meaning as in section 307.695 of	31690
the Revised Code.	31691

(C) For the purposes described in section 307.695 of the	31692
Revised Code and to cover the costs of administering the tax, a	31693
board of county commissioners of a county where a tax imposed	31694
under division (A)(1) of this section is in effect may, by	31695
resolution adopted within ninety days after July 15, 1985, by a	31696
majority of the members of the board, levy an additional excise	31697
tax not to exceed three per cent on transactions by which lodging	31698
by a hotel is or is to be furnished to transient guests. The tax	31699
authorized by this division shall be in addition to any tax that	31700
is levied pursuant to division (A) of this section, but it shall	31701
not apply to transactions subject to a tax levied by a municipal	31702
corporation or township pursuant to the authorization granted by	31703
division (A) of section 5739.08 of the Revised Code. The board	31704
shall establish all regulations necessary to provide for the	31705
administration and allocation of the tax. The regulations may	31706
prescribe the time for payment of the tax, and may provide for the	31707
imposition of a penalty or interest, or both, for late payments,	31708
provided that the penalty does not exceed ten per cent of the	31709
amount of tax due, and the rate at which interest accrues does not	31710
exceed the rate per annum prescribed pursuant to section 5703.47	31711
of the Revised Code. All revenues arising from the tax shall be	31712
expended in accordance with section 307.695 of the Revised Code.	31713
The board of county commissioners of an eligible county as defined	31714
in section 307.695 of the Revised Code may, by resolution adopted	31715
by a majority of the members of the board, amend the resolution	31716
levying a tax under this division to provide that the revenue from	31717
the tax shall be used by the board as described in division (H) of	31718
section 307.695 of the Revised Code. A tax imposed under this	31719
division shall remain in effect at the rate at which it is imposed	31720
for the duration of the period during which any agreement entered	31721
into by the board under section 307.695 of the Revised Code is in	31722
effect, the duration of the period during which any securities	31723
issued by the board under division (I) of section 307.695 of the	31724
Revised Code are outstanding, or the duration of the period during	31725
which the board owns a project as defined in section 307.695 of	31726
the Revised Code, whichever duration is longest.	31727

(D) For the purpose of providing contributions under division	31728
(B)(1) of section 307.671 of the Revised Code to enable the	31729
acquisition, construction, and equipping of a port authority	31730
educational and cultural facility in the county and, to the extent	31731
provided for in the cooperative agreement authorized by that	31732
section, for the purpose of paying debt service charges on bonds,	31733
or notes in anticipation of bonds, described in division (B)(1)(b)	31734
of that section, a board of county commissioners, by resolution	31735
adopted within ninety days after December 22, 1992, by a majority	31736
of the members of the board, may levy an additional excise tax not	31737
to exceed one and one-half per cent on transactions by which	31738
lodging by a hotel is or is to be furnished to transient guests.	31739
The excise tax authorized by this division shall be in addition to	31740
any tax that is levied pursuant to divisions (A), (B), and (C) of	31741
this section, to any excise tax levied pursuant to section 5739.08	31742
of the Revised Code, and to any excise tax levied pursuant to	31743
section 351.021 of the Revised Code. The board of county	31744
commissioners shall establish all regulations necessary to provide	31745
for the administration and allocation of the tax that are not	31746
inconsistent with this section or section 307.671 of the Revised	31747
Code. The regulations may prescribe the time for payment of the	31748
tax, and may provide for the imposition of a penalty or interest,	31749
or both, for late payments, provided that the penalty does not	31750
exceed ten per cent of the amount of tax due, and the rate at	31751
which interest accrues does not exceed the rate per annum	31752
prescribed pursuant to section 5703.47 of the Revised Code. All	31753
revenues arising from the tax shall be expended in accordance with	31754
section 307.671 of the Revised Code and division (D) of this	31755
section. The levy of a tax imposed under this division may not	31756
commence prior to the first day of the month next following the	31757
execution of the cooperative agreement authorized by section	31758
307.671 of the Revised Code by all parties to that agreement. The	31759
tax shall remain in effect at the rate at which it is imposed for	31760
the period of time described in division (C) of section 307.671 of	31761
the Revised Code for which the revenue from the tax has been	31762
pledged by the county to the corporation pursuant to that section,	31763
but, to any extent provided for in the cooperative agreement, for	31764
no lesser period than the period of time required for payment of	31765
the debt service charges on bonds, or notes in anticipation of	31766
bonds, described in division (B)(1)(b) of that section.	31767

(E) For the purpose of paying the costs of acquiring,	31768
constructing, equipping, and improving a municipal educational and	31769
cultural facility, including debt service charges on bonds	31770
provided for in division (B) of section 307.672 of the Revised	31771
Code, and for any additional purposes determined by the county in	31772
the resolution levying the tax or amendments to the resolution,	31773
including subsequent amendments providing for paying costs of	31774
acquiring, constructing, renovating, rehabilitating, equipping,	31775
and improving a port authority educational and cultural performing	31776
arts facility, as defined in section 307.674 of the Revised Code,	31777
and including debt service charges on bonds provided for in	31778
division (B) of section 307.674 of the Revised Code, the	31779
legislative authority of a county, by resolution adopted within	31780
ninety days after June 30, 1993, by a majority of the members of	31781
the legislative authority, may levy an additional excise tax not	31782
to exceed one and one-half per cent on transactions by which	31783
lodging by a hotel is or is to be furnished to transient guests.	31784
The excise tax authorized by this division shall be in addition to	31785
any tax that is levied pursuant to divisions (A), (B), (C), and	31786
(D) of this section, to any excise tax levied pursuant to section	31787
5739.08 of the Revised Code, and to any excise tax levied pursuant	31788
to section 351.021 of the Revised Code. The legislative authority	31789
of the county shall establish all regulations necessary to provide	31790
for the administration and allocation of the tax. The regulations	31791
may prescribe the time for payment of the tax, and may provide for	31792
the imposition of a penalty or interest, or both, for late	31793
payments, provided that the penalty does not exceed ten per cent	31794
of the amount of tax due, and the rate at which interest accrues	31795
does not exceed the rate per annum prescribed pursuant to section	31796
5703.47 of the Revised Code. All revenues arising from the tax	31797
shall be expended in accordance with section 307.672 of the	31798
Revised Code and this division. The levy of a tax imposed under	31799
this division shall not commence prior to the first day of the	31800
month next following the execution of the cooperative agreement	31801
authorized by section 307.672 of the Revised Code by all parties	31802
to that agreement. The tax shall remain in effect at the rate at	31803
which it is imposed for the period of time determined by the	31804
legislative authority of the county. That period of time shall not	31805
exceed fifteen years, except that the legislative authority of a	31806
county with a population of less than two hundred fifty thousand	31807
according to the most recent federal decennial census, by	31808
resolution adopted by a majority of its members before the	31809
original tax expires, may extend the duration of the tax for an	31810
additional period of time. The additional period of time by which	31811
a legislative authority extends a tax levied under this division	31812
shall not exceed fifteen years.	31813

(F) The legislative authority of a county that has levied a	31814
tax under division (E) of this section may, by resolution adopted	31815
within one hundred eighty days after January 4, 2001, by a	31816
majority of the members of the legislative authority, amend the	31817
resolution levying a tax under that division to provide for the	31818
use of the proceeds of that tax, to the extent that it is no	31819
longer needed for its original purpose as determined by the	31820
parties to a cooperative agreement amendment pursuant to division	31821
(D) of section 307.672 of the Revised Code, to pay costs of	31822
acquiring, constructing, renovating, rehabilitating, equipping,	31823
and improving a port authority educational and cultural performing	31824
arts facility, including debt service charges on bonds provided	31825
for in division (B) of section 307.674 of the Revised Code, and to	31826
pay all obligations under any guaranty agreements, reimbursement	31827
agreements, or other credit enhancement agreements described in	31828
division (C) of section 307.674 of the Revised Code. The	31829
resolution may also provide for the extension of the tax at the	31830
same rate for the longer of the period of time determined by the	31831
legislative authority of the county, but not to exceed an	31832
additional twenty-five years, or the period of time required to	31833
pay all debt service charges on bonds provided for in division (B)	31834
of section 307.672 of the Revised Code and on port authority	31835
revenue bonds provided for in division (B) of section 307.674 of	31836
the Revised Code. All revenues arising from the amendment and	31837
extension of the tax shall be expended in accordance with section	31838
307.674 of the Revised Code, this division, and division (E) of	31839
this section.	31840

(G) For purposes of a tax levied by a county, township, or	31841
municipal corporation under this section or section 5739.08 of the	31842
Revised Code, a board of county commissioners, board of township	31843
trustees, or the legislative authority of a municipal corporation	31844
may adopt a resolution or ordinance at any time specifying that	31845
"hotel," as otherwise defined in section 5739.01 of the Revised	31846
Code, includes the following:	31847

(1) Establishments in which fewer than five rooms are used	31848
for the accommodation of guests.	31849

(2) Establishments at which rooms are used for the	31850
accommodation of guests regardless of whether each room is	31851
accessible through its own keyed entry or several rooms are	31852
accessible through the same keyed entry; and, in determining the	31853
number of rooms, all rooms are included regardless of the number	31854
of structures in which the rooms are situated or the number of	31855
parcels of land on which the structures are located if the	31856
structures are under the same ownership and the structures are not	31857
identified in advertisements of the accommodations as distinct	31858
establishments. For the purposes of division (G)(2) of this	31859
section, two or more structures are under the same ownership if	31860
they are owned by the same person, or if they are owned by two or	31861
more persons the majority of the ownership interests of which are	31862
owned by the same person.	31863

The resolution or ordinance may apply to a tax imposed	31864
pursuant to this section prior to the adoption of the resolution	31865
or ordinance if the resolution or ordinance so states, but the tax	31866
shall not apply to transactions by which lodging by such an	31867
establishment is provided to transient guests prior to the	31868
adoption of the resolution or ordinance.	31869

(H)(1) As used in this division:

31870

(a) "Convention facilities authority" has the same meaning as	31871
in section 351.01 of the Revised Code.	31872

(b) "Convention center" has the same meaning as in section	31873
307.695 of the Revised Code.	31874

(2) Notwithstanding any contrary provision of division (D) of	31875
this section, the legislative authority of a county with a	31876
population of one million or more according to the most recent	31877
federal decennial census that has levied a tax under division (D)	31878
of this section may, by resolution adopted by a majority of the	31879
members of the legislative authority, provide for the extension of	31880
such levy and may provide that the proceeds of that tax, to the	31881
extent that they are no longer needed for their original purpose	31882
as defined by a cooperative agreement entered into under section	31883
307.671 of the Revised Code, shall be deposited into the county	31884
general revenue fund. The resolution shall provide for the	31885
extension of the tax at a rate not to exceed the rate specified in	31886
division (D) of this section for a period of time determined by	31887
the legislative authority of the county, but not to exceed an	31888
additional forty years.	31889

(3) The legislative authority of a county with a population	31890
of one million or more that has levied a tax under division (A)(1)	31891
of this section may, by resolution adopted by a majority of the	31892
members of the legislative authority, increase the rate of the tax	31893
levied by such county under division (A)(1) of this section to a	31894
rate not to exceed five per cent on transactions by which lodging	31895
by a hotel is or is to be furnished to transient guests.	31896
Notwithstanding any contrary provision of division (A)(1) of this	31897
section, the resolution may provide that all collections resulting	31898
from the rate levied in excess of three per cent, after deducting	31899
the real and actual costs of administering the tax, shall be	31900
deposited in the county general fund.	31901

(4) The legislative authority of a county with a population	31902
of one million or more that has levied a tax under division (A)(1)	31903
of this section may, by resolution adopted on or before August 30,	31904
2004, by a majority of the members of the legislative authority,	31905
provide that all or a portion of the proceeds of the tax levied	31906
under division (A)(1) of this section, after deducting the real	31907
and actual costs of administering the tax and the amounts required	31908
to be returned to townships and municipal corporations with	31909
respect to the first three per cent levied under division (A)(1)	31910
of this section, shall be deposited in the county general fund,	31911
provided that such proceeds shall be used to satisfy any pledges	31912
made in connection with an agreement entered into under section	31913
307.695 of the Revised Code.	31914

(5) No amount collected from a tax levied, extended, or	31915
required to be deposited in the county general fund under division	31916
(H) of this section shall be contributed to a convention	31917
facilities authority, corporation, or other entity created after	31918
July 1, 2003, for the principal purpose of constructing,	31919
improving, expanding, equipping, financing, or operating a	31920
convention center unless the mayor of the municipal corporation in	31921
which the convention center is to be operated by that convention	31922
facilities authority, corporation, or other entity has consented	31923
to the creation of that convention facilities authority,	31924
corporation, or entity. Notwithstanding any contrary provision of	31925
section 351.04 of the Revised Code, if a tax is levied by a county	31926
under division (H) of this section, the board of county	31927
commissioners of that county may determine the manner of	31928
selection, the qualifications, the number, and terms of office of	31929
the members of the board of directors of any convention facilities	31930
authority, corporation, or other entity described in division	31931
(H)(5) of this section.	31932

(6)(a) No amount collected from a tax levied, extended, or	31933
required to be deposited in the county general fund under division	31934
(H) of this section may be used for any purpose other than paying	31935
the direct and indirect costs of constructing, improving,	31936
expanding, equipping, financing, or operating a convention center	31937
and for the real and actual costs of administering the tax,	31938
unless, prior to the adoption of the resolution of the legislative	31939
authority of the county authorizing the levy, extension, increase,	31940
or deposit, the county and the mayor of the most populous	31941
municipal corporation in that county have entered into an	31942
agreement as to the use of such amounts, provided that such	31943
agreement has been approved by a majority of the mayors of the	31944
other municipal corporations in that county. The agreement shall	31945
provide that the amounts to be used for purposes other than paying	31946
the convention center or administrative costs described in	31947
division (H)(6)(a) of this section be used only for the direct and	31948
indirect costs of capital improvements, including the financing of	31949
capital improvements.	31950

(b) If the county in which the tax is levied has an	31951
association of mayors and city managers, the approval of that	31952
association of an agreement described in division (H)(6)(a) of	31953
this section shall be considered to be the approval of the	31954
majority of the mayors of the other municipal corporations for	31955
purposes of that division.	31956

(7) Each year, the auditor of state shall conduct an audit of	31957
the uses of any amounts collected from taxes levied, extended, or	31958
deposited under division (H) of this section and shall prepare a	31959
report of the auditor of state's findings. The auditor of state	31960
shall submit the report to the legislative authority of the county	31961
that has levied, extended, or deposited the tax, the speaker of	31962
the house of representatives, the president of the senate, and the	31963
leaders of the minority parties of the house of representatives	31964
and the senate.	31965

(I)(1) As used in this division:

31966

(a) "Convention facilities authority" has the same meaning as	31967
in section 351.01 of the Revised Code.	31968

(b) "Convention center" has the same meaning as in section	31969
307.695 of the Revised Code.	31970

(2) Notwithstanding any contrary provision of division (D) of	31971
this section, the legislative authority of a county with a	31972
population of one million two hundred thousand or more according	31973
to the most recent federal decennial census or the most recent	31974
annual population estimate published or released by the United	31975
States census bureau at the time the resolution is adopted placing	31976
the levy on the ballot, that has levied a tax under division (D)	31977
of this section may, by resolution adopted by a majority of the	31978
members of the legislative authority, provide for the extension of	31979
such levy and may provide that the proceeds of that tax, to the	31980
extent that the proceeds are no longer needed for their original	31981
purpose as defined by a cooperative agreement entered into under	31982
section 307.671 of the Revised Code and after deducting the real	31983
and actual costs of administering the tax, shall be used for	31984
paying the direct and indirect costs of constructing, improving,	31985
expanding, equipping, financing, or operating a convention center.	31986
The resolution shall provide for the extension of the tax at a	31987
rate not to exceed the rate specified in division (D) of this	31988
section for a period of time determined by the legislative	31989
authority of the county, but not to exceed an additional forty	31990
years.	31991

(3) The legislative authority of a county with a population	31992
of one million two hundred thousand or more that has levied a tax	31993
under division (A)(1) of this section may, by resolution adopted	31994
by a majority of the members of the legislative authority,	31995
increase the rate of the tax levied by such county under division	31996
(A)(1) of this section to a rate not to exceed five per cent on	31997
transactions by which lodging by a hotel is or is to be furnished	31998
to transient guests. Notwithstanding any contrary provision of	31999
division (A)(1) of this section, the resolution shall provide that	32000
all collections resulting from the rate levied in excess of three	32001
per cent, after deducting the real and actual costs of	32002
administering the tax, shall be used for paying the direct and	32003
indirect costs of constructing, improving, expanding, equipping,	32004
financing, or operating a convention center.	32005

(4) The legislative authority of a county with a population	32006
of one million two hundred thousand or more that has levied a tax	32007
under division (A)(1) of this section may, by resolution adopted	32008
on or before July 1, 2008, by a majority of the members of the	32009
legislative authority, provide that all or a portion of the	32010
proceeds of the tax levied under division (A)(1) of this section,	32011
after deducting the real and actual costs of administering the tax	32012
and the amounts required to be returned to townships and municipal	32013
corporations with respect to the first three per cent levied under	32014
division (A)(1) of this section, shall be used to satisfy any	32015
pledges made in connection with an agreement entered into under	32016
section 307.695 of the Revised Code or shall otherwise be used for	32017
paying the direct and indirect costs of constructing, improving,	32018
expanding, equipping, financing, or operating a convention center.	32019

(5) Any amount collected from a tax levied or extended under	32020
division (I) of this section may be contributed to a convention	32021
facilities authority created before July 1, 2005, but no amount	32022
collected from a tax levied or extended under division (I) of this	32023
section may be contributed to a convention facilities authority,	32024
corporation, or other entity created after July 1, 2005, unless	32025
the mayor of the municipal corporation in which the convention	32026
center is to be operated by that convention facilities authority,	32027
corporation, or other entity has consented to the creation of that	32028
convention facilities authority, corporation, or entity.	32029

(J) ~~All~~(1) Except as provided in division (J)(2) of this	32030
section, money collected by a county and distributed under this	32031
section to a convention and visitors' bureau in existence as of	32032
June 30, 2013, the effective date of H.B. 59 of the 130th general	32033
assembly, except for any such money pledged, as of that effective	32034
date, to the payment of debt service charges on bonds, notes,	32035
securities, or lease agreements, shall be used solely for tourism	32036
sales, marketing and promotion, and their associated costs,	32037
including, but not limited to, operational and administrative	32038
costs of the bureau, sales and marketing, and maintenance of the	32039
physical bureau structure.	32040

(2) A convention and visitors' bureau that has entered into	32041
an agreement under section 307.678 of the Revised Code may use	32042
revenue it receives from a tax levied under division (A)(1) of	32043
this section as described in division (D) of section 307.678 of	32044
the Revised Code.	32045

(K) The board of county commissioners of a county with a	32046
population between one hundred three thousand and one hundred	32047
seven thousand according to the most recent federal decennial	32048
census, by resolution adopted by a majority of the members of the	32049
board within six months after the effective date of H.B. 483 of	32050
the 130th general assembly, may levy a tax not to exceed three per	32051
cent on transactions by which a hotel is or is to be furnished to	32052
transient guests. The purpose of the tax shall be to pay the costs	32053
of expanding, maintaining, or operating a soldiers' memorial and	32054
the costs of administering the tax. All revenue arising from the	32055
tax shall be credited to one or more special funds in the county	32056
treasury and shall be spent solely for the purposes of paying	32057
those costs. The board of county commissioners shall adopt all	32058
rules necessary to provide for the administration of the tax	32059
subject to the same limitations on imposing penalty or interest	32060
under division (A)(1) of this section.	32061

As used in this division "soldiers' memorial" means a	32062
memorial constructed and funded under Chapter 345. of the Revised	32063
Code.	32064

Sec. 5747.02. (A) For the purpose of providing revenue for	32065
the support of schools and local government functions, to provide	32066
relief to property taxpayers, to provide revenue for the general	32067
revenue fund, and to meet the expenses of administering the tax	32068
levied by this chapter, there is hereby levied on every	32069
individual, trust, and estate residing in or earning or receiving	32070
income in this state, on every individual, trust, and estate	32071
earning or receiving lottery winnings, prizes, or awards pursuant	32072
to Chapter 3770. of the Revised Code, on every individual, trust,	32073
and estate earning or receiving winnings on casino gaming, and on	32074
every individual, trust, and estate otherwise having nexus with or	32075
in this state under the Constitution of the United States, an	32076
annual tax measured in the case of individuals by Ohio adjusted	32077
gross income less an exemption for the taxpayer, the taxpayer's	32078
spouse, and each dependent as provided in section 5747.025 of the	32079
Revised Code; measured in the case of trusts by modified Ohio	32080
taxable income under division (D) of this section; and measured in	32081
the case of estates by Ohio taxable income. The tax imposed by	32082
this section on the balance thus obtained is hereby levied as	32083
follows:	32084

(1) For taxable years beginning in 2004:

32085

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		32086
OR		32087
MODIFIED OHIO		32088
TAXABLE INCOME (TRUSTS)		32089
OR		32090
OHIO TAXABLE INCOME (ESTATES)	TAX	32091

$5,000 or less	.743%	32092
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	32093
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	32094
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	32095
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	32096
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	32097
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	32098
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	32099
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	32100

(2) For taxable years beginning in 2005:

32101

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		32102
OR		32103
MODIFIED OHIO		32104
TAXABLE INCOME (TRUSTS)		32105
OR		32106
OHIO TAXABLE INCOME (ESTATES)	TAX	32107

$5,000 or less	.712%	32108
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	32109
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	32110
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	32111
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	32112
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	32113
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	32114
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	32115
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	32116

(3) For taxable years beginning in 2006:

32117

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		32118
OR		32119
MODIFIED OHIO		32120
TAXABLE INCOME (TRUSTS)		32121
OR		32122
OHIO TAXABLE INCOME (ESTATES)	TAX	32123

$5,000 or less	.681%	32124
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	32125
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	32126
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	32127
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	32128
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	32129
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	32130
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	32131
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	32132

(4) For taxable years beginning in 2007:

32133

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		32134
OR		32135
MODIFIED OHIO		32136
TAXABLE INCOME (TRUSTS)		32137
OR		32138
OHIO TAXABLE INCOME (ESTATES)	TAX	32139

$5,000 or less	.649%	32140
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	32141
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	32142
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	32143
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	32144
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	32145
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	32146
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	32147
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	32148

(5) For taxable years beginning in 2008, 2009, or 2010:

32149

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		32150
OR		32151
MODIFIED OHIO		32152
TAXABLE INCOME (TRUSTS)		32153
OR		32154
OHIO TAXABLE INCOME (ESTATES)	TAX	32155

$5,000 or less	.618%	32156
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	32157
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	32158
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	32159
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	32160
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	32161
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	32162
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	32163
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	32164

(6) For taxable years beginning in 2011 or 2012:

32165

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		32166
OR		32167
MODIFIED OHIO		32168
TAXABLE INCOME (TRUSTS)		32169
OR		32170
OHIO TAXABLE INCOME (ESTATES)	TAX	32171

$5,000 or less	.587%	32172
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	32173
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	32174
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	32175
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	32176
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	32177
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	32178
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	32179
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	32180

(7) For taxable years beginning in 2013:

32181

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		32182
OR		32183
MODIFIED OHIO		32184
TAXABLE INCOME (TRUSTS)		32185
OR		32186
OHIO TAXABLE INCOME (ESTATES)	TAX	32187

$5,000 or less	.537%	32188
More than $5,000 but not more than $10,000	$26.86 plus 1.074% of the amount in excess of $5,000	32189
More than $10,000 but not more than $15,000	$80.57 plus 2.148% of the amount in excess of $10,000	32190
More than $15,000 but not more than $20,000	$187.99 plus 2.686% of the amount in excess of $15,000	32191
More than $20,000 but not more than $40,000	$322.26 plus 3.222% of the amount in excess of $20,000	32192
More than $40,000 but not more than $80,000	$966.61 plus 3.760% of the amount in excess of $40,000	32193
More than $80,000 but not more than $100,000	$2,470.50 plus 4.296% of the amount in excess of $80,000	32194
More than $100,000 but not more than $200,000	$3,329.68 plus 4.988% of the amount in excess of $100,000	32195
More than $200,000	$8,317.35 plus 5.421% of the amount in excess of $200,000	32196

(8) For taxable years beginning in 2014 or thereafter:

32197

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		32198
OR		32199
MODIFIED OHIO		32200
TAXABLE INCOME (TRUSTS)		32201
OR		32202
OHIO TAXABLE INCOME (ESTATES)	TAX	32203

~~$5,000 or less~~	~~.534%~~	32204
~~More than $5,000 but not more than $10,000~~	~~$26.71 plus 1.068% of the amount in excess of $5,000~~	32205
~~More than $10,000 but not more than $15,000~~	~~$80.13 plus 2.137% of the amount in excess of $10,000~~	32206
~~More than $15,000 but not more than $20,000~~	~~$186.96 plus 2.671% of the amount in excess of $15,000~~	32207
~~More than $20,000 but not more than $40,000~~	~~$320.50 plus 3.204% of the amount in excess of $20,000~~	32208
~~More than $40,000 but not more than $80,000~~	~~$961.32 plus 3.739% of the amount in excess of $40,000~~	32209
~~More than $80,000 but not more than $100,000~~	~~$2,457.00 plus 4.272% of the amount in excess of $80,000~~	32210
~~More than $100,000 but not more than $200,000~~	~~$3,311.49 plus 4.960% of the amount in excess of $100,000~~	32211
~~More than $200,000~~	~~$8,271.90 plus 5.392% of the amount in excess of $200,000~~	32212

~~(9) For taxable years beginning in 2015 or thereafter:~~

32213

~~OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)~~		32214
OR		32215
~~MODIFIED OHIO~~		32216
~~TAXABLE INCOME (TRUSTS)~~		32217
OR		32218
~~OHIO TAXABLE INCOME (ESTATES)~~	~~TAX~~	32219

$5,000 or less	.528%	32220
More than $5,000 but not more than $10,000	$26.41 plus 1.057% of the amount in excess of $5,000	32221
More than $10,000 but not more than $15,000	$79.24 plus 2.113% of the amount in excess of $10,000	32222
More than $15,000 but not more than $20,000	$184.90 plus 2.642% of the amount in excess of $15,000	32223
More than $20,000 but not more than $40,000	$316.98 plus 3.169% of the amount in excess of $20,000	32224
More than $40,000 but not more than $80,000	$950.76 plus 3.698% of the amount in excess of $40,000	32225
More than $80,000 but not more than $100,000	$2,430.00 plus 4.226% of the amount in excess of $80,000	32226
More than $100,000 but not more than $200,000	$3,275.10 plus 4.906% of the amount in excess of $100,000	32227
More than $200,000	$8,181.00 plus 5.333% of the amount in excess of $200,000	32228

Except as otherwise provided in this division, in August of	32229
each year, the tax commissioner shall make a new adjustment to the	32230
income amounts prescribed in this division by multiplying the	32231
percentage increase in the gross domestic product deflator	32232
computed that year under section 5747.025 of the Revised Code by	32233
each of the income amounts resulting from the adjustment under	32234
this division in the preceding year, adding the resulting product	32235
to the corresponding income amount resulting from the adjustment	32236
in the preceding year, and rounding the resulting sum to the	32237
nearest multiple of fifty dollars. The tax commissioner also shall	32238
recompute each of the tax dollar amounts to the extent necessary	32239
to reflect the new adjustment of the income amounts. The rates of	32240
taxation shall not be adjusted.	32241

The adjusted amounts apply to taxable years beginning in the	32242
calendar year in which the adjustments are made and to taxable	32243
years beginning in each ensuing calendar year until a calendar	32244
year in which a new adjustment is made pursuant to this division.	32245
The tax commissioner shall not make a new adjustment in any year	32246
in which the amount resulting from the adjustment would be less	32247
than the amount resulting from the adjustment in the preceding	32248
year. The commissioner shall not make a new adjustment for taxable	32249
years beginning in 2013, 2014, or 2015.	32250

(B) If the director of budget and management makes a	32251
certification to the tax commissioner under division (B) of	32252
section 131.44 of the Revised Code, the amount of tax as	32253
determined under division (A) of this section shall be reduced by	32254
the percentage prescribed in that certification for taxable years	32255
beginning in the calendar year in which that certification is	32256
made.	32257

(C) The levy of this tax on income does not prevent a	32258
municipal corporation, a joint economic development zone created	32259
under section 715.691, or a joint economic development district	32260
created under section 715.70 or 715.71 or sections 715.72 to	32261
715.81 of the Revised Code from levying a tax on income.	32262

(D) This division applies only to taxable years of a trust	32263
beginning in 2002 or thereafter.	32264

(1) The tax imposed by this section on a trust shall be	32265
computed by multiplying the Ohio modified taxable income of the	32266
trust by the rates prescribed by division (A) of this section.	32267

(2) A resident trust may claim a credit against the tax	32268
computed under division (D) of this section equal to the lesser of	32269
(1) the tax paid to another state or the District of Columbia on	32270
the resident trust's modified nonbusiness income, other than the	32271
portion of the resident trust's nonbusiness income that is	32272
qualifying investment income as defined in section 5747.012 of the	32273
Revised Code, or (2) the effective tax rate, based on modified	32274
Ohio taxable income, multiplied by the resident trust's modified	32275
nonbusiness income other than the portion of the resident trust's	32276
nonbusiness income that is qualifying investment income. The	32277
credit applies before any other applicable credits.	32278

(3) The credits enumerated in divisions (A)(1) to (13) of	32279
section 5747.98 of the Revised Code do not apply to a trust	32280
subject to division (D) of this section. Any credits enumerated in	32281
other divisions of section 5747.98 of the Revised Code apply to a	32282
trust subject to division (D) of this section. To the extent that	32283
the trust distributes income for the taxable year for which a	32284
credit is available to the trust, the credit shall be shared by	32285
the trust and its beneficiaries. The tax commissioner and the	32286
trust shall be guided by applicable regulations of the United	32287
States treasury regarding the sharing of credits.	32288

(E) For the purposes of this section, "trust" means any trust	32289
described in Subchapter J of Chapter 1 of the Internal Revenue	32290
Code, excluding trusts that are not irrevocable as defined in	32291
division (I)(3)(b) of section 5747.01 of the Revised Code and that	32292
have no modified Ohio taxable income for the taxable year,	32293
charitable remainder trusts, qualified funeral trusts and preneed	32294
funeral contract trusts established pursuant to sections 4717.31	32295
to 4717.38 of the Revised Code that are not qualified funeral	32296
trusts, endowment and perpetual care trusts, qualified settlement	32297
trusts and funds, designated settlement trusts and funds, and	32298
trusts exempted from taxation under section 501(a) of the Internal	32299
Revenue Code.	32300

Sec. 5747.025. (A) ~~Except as otherwise provided in this~~	32301
~~division~~For taxable years beginning in 2014 or 2015, the personal	32302
exemption for the taxpayer ~~and~~, the taxpayer's spouse, and each	32303
dependent shall be ~~seven hundred fifty dollars each for the~~	32304
~~taxable year beginning in 1996, eight hundred fifty dollars each~~	32305
~~for the taxable year beginning in 1997, nine hundred fifty dollars~~	32306
~~each for the taxable year beginning in 1998, and one thousand~~	32307
~~fifty dollars each for the taxable year beginning in 1999 and~~	32308
~~taxable years beginning after 1999. The~~one of the following	32309
amounts:	32310

(1) Two thousand two hundred dollars if the taxpayer's Ohio	32311
adjusted gross income for the taxable year as shown on an	32312
individual or joint annual return is less than or equal to forty	32313
thousand dollars;	32314

(2) One thousand nine hundred fifty dollars if the taxpayer's	32315
Ohio adjusted gross income for the taxable year as shown on an	32316
individual or joint annual return is greater than forty thousand	32317
dollars but less than or equal to eighty thousand dollars;	32318

(3) One thousand seven hundred dollars if the taxpayer's Ohio	32319
adjusted gross income for the taxable year as shown on an	32320
individual or joint annual return is greater than eighty thousand	32321
dollars.	32322

(B) For taxable years beginning in 2016 and thereafter, the	32323
personal exemption ~~amount~~amounts prescribed in ~~this~~ division ~~for~~	32324
~~taxable years beginning after 1999~~(A) of this section shall be	32325
adjusted each year in the manner prescribed in division (C) of	32326
this section. In the case of an individual with respect to whom an	32327
exemption under section 5747.02 of the Revised Code is allowable	32328
to another taxpayer for a taxable year beginning in the calendar	32329
year in which the individual's taxable year begins, the exemption	32330
amount applicable to such individual for such individual's taxable	32331
year shall be zero.	32332

~~(B) The personal exemption for each dependent shall be eight~~	32333
~~hundred fifty dollars for the taxable year beginning in 1996, and~~	32334
~~one thousand fifty dollars for the taxable year beginning in 1997~~	32335
~~and taxable years beginning after 1997. The personal exemption~~	32336
~~amount prescribed in this division for taxable years beginning~~	32337
~~after 1999 shall be adjusted each year in the manner prescribed in~~	32338
~~division (C) of this section.~~	32339

(C) Except as otherwise provided in this division, in August	32340
of each year, the tax commissioner shall determine the percentage	32341
increase in the gross domestic product deflator determined by the	32342
bureau of economic analysis of the United States department of	32343
commerce from the first day of January of the preceding calendar	32344
year to the last day of December of the preceding year, and make a	32345
new adjustment to the personal exemption amount for taxable years	32346
beginning in the current calendar year by multiplying that amount	32347
by the percentage increase in the gross domestic product deflator	32348
for that period; adding the resulting product to the personal	32349
exemption amount for taxable years beginning in the preceding	32350
calendar year; and rounding the resulting sum upward to the	32351
nearest multiple of fifty dollars. The adjusted amount applies to	32352
taxable years beginning in the calendar year in which the	32353
adjustment is made and to taxable years beginning in each ensuing	32354
calendar year until a calendar year in which a new adjustment is	32355
made pursuant to this division. The commissioner shall not make a	32356
new adjustment in any calendar year in which the amount resulting	32357
from the adjustment would be less than the amount resulting from	32358
the adjustment in the preceding calendar year. ~~The commissioner~~	32359
~~shall not make a new adjustment for taxable years beginning in~~	32360
~~2013, 2014, or 2015.~~	32361

Sec. 5747.71. ~~For taxable years beginning on or after~~	32362
~~January 1, 2013, there~~There is hereby allowed a nonrefundable	32363
credit against the tax imposed by section 5747.02 of the Revised	32364
Code for a taxpayer who is an "eligible individual" as defined in	32365
section 32 of the Internal Revenue Code. The credit shall equal	32366
five per cent of the credit allowed on the taxpayer's federal	32367
income tax return pursuant to section 32 of the Internal Revenue	32368
Code for ~~the~~ taxable ~~year~~years beginning in 2013, and ten per	32369
cent of the federal credit allowed for taxable years beginning in	32370
or after 2014. If the Ohio adjusted gross income of the taxpayer,	32371
or the taxpayer and the taxpayer's spouse if the taxpayer and the	32372
taxpayer's spouse file a joint return under section 5747.08 of the	32373
Revised Code, less applicable exemptions under section 5747.025 of	32374
the Revised Code, exceeds twenty thousand dollars, the credit	32375
authorized by this section shall not exceed fifty per cent of the	32376
amount of tax otherwise due under section 5747.02 of the Revised	32377
Code after deducting any other nonrefundable credits that precede	32378
the credit allowed under this section in the order prescribed by	32379
section 5747.98 of the Revised Code except for the joint filing	32380
credit authorized under division (G) of section 5747.05 of the	32381
Revised Code. In all other cases, the credit authorized by this	32382
section shall not exceed the amount of tax otherwise due under	32383
section 5747.02 of the Revised Code after deducting any other	32384
nonrefundable credits that precede the credit allowed under this	32385
section in the order prescribed by section 5747.98 of the Revised	32386
Code.	32387

The credit shall be claimed in the order prescribed by	32388
section 5747.98 of the Revised Code.	32389

Section 101.02. That existing sections 7.10, 7.16, 9.37,	32390
9.482, 9.90, 9.91, 103.41, 103.63, 109.572, 109.5721, 118.27,	32391
121.084, 122.12, 122.121, 122.861, 124.05, 124.32, 125.13, 125.18,	32392
125.182, 126.21, 126.25, 133.06, 133.07, 149.311, 149.38, 153.56,	32393
156.03, 163.15, 163.53, 163.54, 163.55, 164.26, 173.38, 173.391,	32394
173.392, 173.47, 175.04, 175.05, 175.06, 191.01, 306.04, 307.982,	32395
340.01, 340.02, 340.021, 340.03, 340.08, 340.09, 340.15, 341.12,	32396
757.03, 757.04, 757.05, 757.06, 757.07, 757.08, 935.03, 935.12,	32397
955.01, 955.05, 955.06, 1321.535, 1321.55, 1322.03, 1322.031,	32398
1322.04, 1322.041, 1322.051, 1322.06, 1322.063, 1345.06, 1711.50,	32399
1711.53, 1724.10, 1901.08, 2101.026, 2151.417, 2151.421, 2152.19,	32400
2305.09, 2710.06, 2743.191, 2907.28, 2915.08, 2925.61, 2945.402,	32401
3123.89, 3301.03, 3303.41, 3307.01, 3313.372, 3313.617, 3314.08,	32402
3317.01, 3317.02, 3317.0217, 3318.36, 3358.03, 3517.20, 3701.132,	32403
3701.34, 3701.74, 3701.83, 3702.511, 3702.52, 3702.526, 3702.59,	32404
3702.71, 3702.74, 3702.75, 3702.91, 3702.95, 3721.02, 3730.09,	32405
3735.31, 3737.02, 3745.71, 3772.02, 4121.02, 4141.01, 4141.06,	32406
4141.09, 4141.11, 4141.131, 4141.20, 4141.25, 4141.29, 4141.35,	32407
4301.07, 4303.021, 4503.44, 4511.191, 4715.14, 4715.30, 4715.302,	32408
4717.10, 4723.28, 4723.486, 4723.487, 4725.092, 4725.16, 4725.19,	32409
4729.12, 4729.51, 4729.54, 4729.541, 4729.65, 4729.80, 4729.83,	32410
4729.86, 4730.25, 4730.48, 4730.53, 4731.055, 4731.15, 4731.155,	32411
4731.22, 4731.24, 4731.241, 4731.281, 4737.045, 4758.01, 4758.02,	32412
4758.06, 4758.16, 4758.20, 4758.21, 4758.23, 4758.24, 4758.26,	32413
4758.28, 4758.29, 4758.30, 4758.31, 4758.35, 4758.36, 4758.50,	32414
4758.51, 4758.55, 4758.561, 4758.59, 4758.60, 4758.61, 4758.71,	32415
4781.04, 4901.05, 4905.911, 4906.20, 4906.201, 4923.02, 5104.03,	32416
5104.34, 5104.341, 5104.38, 5119.21, 5119.22, 5119.25, 5123.01,	32417
5123.011, 5123.012, 5123.16, 5123.162, 5123.19, 5123.191, 5123.21,	32418
5123.61, 5123.75, 5123.76, 5123.89, 5124.01, 5124.101, 5124.106,	32419
5124.15, 5124.151, 5124.17, 5124.19, 5124.21, 5124.28, 5124.38,	32420
5124.60, 5124.61, 5124.62, 5124.67, 5126.01, 5126.02, 5126.022,	32421
5126.0219, 5126.041, 5126.046, 5126.051, 5126.08, 5126.21,	32422
5126.25, 5126.42, 5126.43, 5126.45, 5139.05, 5139.34, 5139.36,	32423
5139.41, 5153.21, 5153.42, 5164.34, 5165.10, 5165.106, 5165.15,	32424
5165.23, 5165.25, 5165.65, 5165.68, 5513.01, 5531.10, 5533.051,	32425
5703.052, 5703.21, 5705.10, 5709.12, 5709.17, 5709.40, 5713.012,	32426
5727.111, 5739.05, 5739.09, 5747.02, 5747.025, and 5747.71 of the	32427
Revised Code are hereby repealed. That existing Section 323.280 of	32428
Am. Sub. H.B. 59 of the 130th General Assembly is hereby repealed.	32429

Section 105.01. That sections 121.92, 3125.191, 3702.93,	32430
4171.03, 4171.04, 5124.63, 5124.64, and 5126.037 of the Revised	32431
Code are hereby repealed.	32432

Section 503.10. APPROPRIATIONS RELATED TO GRANT	32433
RECONCILIATION AND CLOSE-OUT	32434

If, pursuant to the reconciliation and close-out process for	32435
a grant received by a state agency, an amount is identified as	32436
both unspent and requiring remittance to the grantor, the director	32437
of the agency may request the Director of Budget and Management to	32438
authorize additional expenditures to return the unspent cash to	32439
the grantor. Upon approval of the Director of Budget and	32440
Management, the additional amounts are hereby appropriated.	32441

Section 503.20. (A) As used in this section, "participating	32442
private party" means any person or private entity that is allowed	32443
to request a criminal records check pursuant to division (A)(2) or	32444
(3) of section 109.572 of the Revised Code.	32445

(B) In addition to the authority granted by section 109.5721	32446
of the Revised Code, the Superintendent of the Bureau of Criminal	32447
Identification and Investigation may operate the retained	32448
applicant fingerprint database established by that section and	32449
take any other actions the Superintendent determines is necessary	32450
in response to requests made by a participating private party	32451
pursuant to division (A)(2) or (3) of section 109.572 of the	32452
Revised Code.	32453

(C) In connection with a request made pursuant to division	32454
(A)(2) or (3) of section 109.572 of the Revised Code, a	32455
participating private party may take any action permitted to be	32456
taken by a participating public office and shall take any action	32457
required to be taken by a participating public office pursuant to	32458
section 109.5721 of the Revised Code.	32459

(D) The Director of Budget and Management may authorize	32460
expenditures from appropriation item 651680 Health Care Grants –	32461
Federal, to pay for costs associated with the administration of	32462
the Medicaid program, including the development of the retained	32463
applicant fingerprint database, in response to requests made in	32464
accordance with section 109.5721 and division (A)(2) or (3) of	32465
section 109.572 of the Revised Code.	32466

Section 503.30. CLEAN OHIO CONSERVATION GRANT REPAYMENTS

32467

Any grant repayment received by the Public Works Commission	32468
and deposited into the Clean Ohio Conservation Fund (Fund 7056)	32469
pursuant to section 164.261 of the Revised Code is hereby	32470
appropriated in appropriation item C15060, Clean Ohio	32471
Conservation.	32472

Section 509.10. REESTABLISHING ENCUMBRANCES THAT USE OUTDATED	32473
EXPENSE ACCOUNT CODES	32474

On or after January 1, 2015, should the Director of Budget	32475
and Management elect to update expense account codes pursuant to	32476
the authority granted in division (A)(2) of section 126.21 of the	32477
Revised Code, the Director may cancel any existing operating or	32478
capital encumbrances from prior fiscal years that reference	32479
outdated expense account codes and, if needed, reestablish them	32480
against the same appropriation items referencing updated expense	32481
account codes. The reestablished encumbrance amounts are hereby	32482
appropriated. Any business commenced but not completed under the	32483
prior encumbrances by January 1, 2015, shall be completed under	32484
the new encumbrances in the same manner and with the same effect	32485
as if it was completed with regard to the old encumbrances.	32486

Section 509.20. The Department of Natural Resources is hereby	32487
authorized, pursuant to and consistent with the requirements of	32488
Chapter 127. of the Revised Code, to use moneys appropriated to it	32489
from the Ohio Parks and Natural Resources Fund (Fund 7031) and the	32490
Parks and Recreation Improvement Fund (Fund 7035) for capital	32491
projects, including, but not limited to, improvements or	32492
renovations on land or property owned by the department but used	32493
and operated, under a lease or other agreement, by an entity other	32494
than the department. No moneys shall be released under the	32495
authority of this section until the Director of Natural Resources	32496
has certified in writing to the Director of the Office of Budget	32497
and Management that the project will enhance the use and enjoyment	32498
of Ohio's state parks and natural resources.	32499

Section 512.10. On July 1, 2014, or as soon as possible	32500
thereafter, the Director of Budget and Management shall transfer	32501
the cash balance in the Education Endowment Fund (Fund P087) to	32502
the Education Facilities Trust Fund (Fund N087). Upon completion	32503
of the transfer, Fund P087 is abolished.	32504

Section 512.20. On July 1, 2014, or as soon as possible	32505
thereafter, the Director of Budget and Management shall transfer	32506
the cash balance in the Healthcare Services Fund (Fund 3W50),	32507
Healthy Ohioans Initiatives Fund (Fund 5BL0), Alcohol Testing	32508
Program Fund (Fund 5C00), TANF Family Planning Fund (Fund 5C10),	32509
Poison Control Fund (Fund 5CB0), Sewage Treatment System	32510
Innovation Fund (Fund 5CJ0), and the Health Emergency Fund (Fund	32511
5EC0) to the General Revenue Fund. Upon the completion of these	32512
transfers, Fund 3W50, Fund 5BL0, Fund 5C00, Fund 5C10, Fund 5CB0,	32513
Fund 5CJ0, and Fund 5EC0 are abolished.	32514

Section 512.30. ABOLISHMENT OF INACTIVE FUNDS USED BY THE	32515
DEPARTMENT OF JOB AND FAMILY SERVICES	32516

Within ninety days of the effective date of this section, or	32517
as soon as possible thereafter, the Director of Budget and	32518
Management shall transfer all cash in the following funds to the	32519
Administration and Operating Fund (Fund 5DM0) used by the	32520
Department of Job and Family Services:	32521

The State and Local Training Fund (Fund 3160),

32522

The Job Training Program Fund (Fund 3650),

32523

The Income Maintenance Reimbursement Fund (Fund 3A10),

32524

The ABD Managed Care – Federal Fund (Fund 3AZ0),

32525

The Children's Hospitals – Federal Fund (Fund 3BB0),

32526

The Ford Foundation Reimbursement Fund (Fund 3G90),

32527

The TANF – Employment & Training Fund (Fund 3S90),

32528

The HIPPY Program Fund (Fund 3W80),

32529

The Adoption Connection Fund (Fund 3W90),

32530

The Interagency Programs Fund (Fund 4G10),

32531

The Welfare Overpayment Intercept Fund (Fund 4K70),

32532

The Wellness Block Grant Fund (Fund 4N70),

32533

The Banking Fees Fund (Fund 4R30),

32534

The BCII Service Fees Fund (Fund 4R40),

32535

The Child Support Activities Fund (Fund 4V20),

32536

The BES Automation Administration Fund (Fund 5A50),

32537

The Public Assistance Reconciliation Fund (Fund 5AX0),

32538

The Child Support Operating Fund (Fund 5BE0),

32539

The ABD Managed Care – State Fund (Fund 5BZ0),

32540

The Private Child Care Agencies Training Fund (Fund 5E40),

32541

The EBT Contracted Services Fund (Fund 5E50),

32542

The State Option Food Stamp Program Fund (Fund 5E60),

32543

The BES Building Consolidation Fund (Fund 5F20),

32544

The BES Building Enhancement Fund (Fund 5F30),

32545

The Commission on Fatherhood Fund (Fund 5G30),

32546

The Child & Adult Protective Services Fund (Fund 5GV0),

32547

The Child Support Supplement Fund (Fund 5K60),

32548

The OhioWorks Supplement Fund (Fund 5L40),

32549

The County Technologies Fund (Fund 5N10),

32550

The TANF Child Welfare Fund (Fund 5P40),

32551

The Medicaid Admin Reimbursement Fund (Fund 5P60),

32552

The Child Support Special Payment Fund (Fund 5T20),

32553

The Federal Fiscal Relief Fund (Fund 5Y90),

32554

The Health Care Grants Fund (Fund 5Z50),

32555

The TANF QC Reinvestment Fund (Fund 5Z90),

32556

The Third Party Recoveries Fund (Fund 6000),

32557

The Training Activities Fund (Fund 6130), and

32558

The Ford Foundation Fund (Fund 6A70).

32559

Upon completion of the transfers, all the aforementioned funds	32560
listed in this section (except Fund 5DM0) are hereby abolished.	32561

Within ninety days after the effective date of this section,	32562
or as soon as possible thereafter, the Director of Budget and	32563
Management shall transfer all cash in the OhioCare Fund (Fund	32564
4X30), the Human Services Stabilization Fund (Fund 4Z70), and the	32565
Managed Care Assessment Fund (Fund 5BG0) to the General Revenue	32566
Fund. Upon completion of the transfers, Fund 4X30, Fund 4Z70, and	32567
Fund 5BG0 are hereby abolished.	32568

Section 512.40. On July 1, 2014, or as soon as possible	32569
thereafter, the Director of Budget and Management shall transfer	32570
the cash balance in the Nursing Facility Technical Assistance Fund	32571
(Fund 5L10), to the Residents Protection Fund (Fund 4E30). Upon	32572
completion of the transfer, Fund 5L10 is abolished.	32573

Section 551.10. (A) There is hereby created the Ohio	32574
healthier buckeye grant program to be administered by the director	32575
of job and family services. The program shall provide grants to	32576
county healthier buckeye councils established under section 355.02	32577
of the Revised Code and county departments of job and family	32578
services.	32579

(B) Grants may be awarded on an individual county council	32580
basis, multi-county council basis, individual county departments	32581
of job and family services basis, multiple county departments of	32582
job and family services basis, or a combination thereof. In	32583
awarding grants, the director shall give priority to county	32584
councils or county departments of job and family services with	32585
existing projects or initiatives that do the following:	32586

(1) Improve the health and well-being of low-income	32587
individuals;	32588

(2) Align and coordinate public and private resources to	32589
assist low-income individuals in achieving self-sufficiency;	32590

(3) Use local matching funds from private sector sources;

32591

(4) Implement or adapt evidence-based practices;

32592

(5) Use volunteers and peer supports;

32593

(6) Were created as a result of local assessment and planning	32594
processes;	32595

(7) Demonstrate collaboration between entities that	32596
participate in assessment and planning processes.	32597

Section 610.20. That Sections 207.10, 209.30, 221.10, 241.10,	32598
245.10, 257.10, 257.20, 259.10, 259.210, 263.10, 263.40, 263.230,	32599
263.240, 263.250, 263.270, 263.320, 263.325, 275.10, 282.10,	32600
282.30, 285.10, 285.20, 301.10, 301.33, 301.40, 301.143, 327.10,	32601
327.83, 333.10, 333.80, 340.10, 349.10, 359.10, 363.10, 365.10,	32602
395.10, 403.10, 512.70, 512.80, and 751.10 of Am. Sub. H.B. 59 of	32603
the 130th General Assembly be amended to read as follows:	32604

Sec. 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

32605

General Revenue Fund	32606

GRF	100403	Public Employees Health Care Program	$	309,600	$	309,600	32607
GRF	100414	MARCS Lease Rental Payments	$	5,133,700	$	5,135,800	32608
GRF	100415	OAKS Lease Rental Payments	$	22,998,500	$	22,982,500	32609
GRF	100416	STARS Lease Rental Payments	$	4,976,500	$	4,973,200	32610
GRF	100447	Administrative Building Lease Rental Payments	$	~~85,847,800~~ 83,847,800	$	91,059,600	32611
GRF	100448	Office Building Operating Payments	$	20,000,000	$	20,000,000	32612
GRF	100449	DAS - Building Operating Payments	$	7,551,571	$	7,551,571	32613
GRF	100452	Lean Ohio	$	1,059,624	$	1,059,624	32614
GRF	100456	State IT Services	$	1,739,038	$	1,739,038	32615
GRF	100457	Equal Opportunity Services	$	1,910,516	$	1,910,516	32616
GRF	100459	Ohio Business Gateway	$	4,049,094	$	4,049,094	32617
GRF	130321	State Agency Support Services	$	2,477,008	$	2,477,008	32618
TOTAL GRF General Revenue Fund			$	~~158,052,951~~ 156,052,951	$	163,247,551	32619

General Services Fund Group	32620

1120	100616	DAS Administration	$	6,127,659	$	6,147,659	32621
1150	100632	Central Service Agency	$	911,580	$	927,699	32622
1170	100644	General Services Division - Operating	$	12,993,870	$	12,993,870	32623
1220	100637	Fleet Management	$	4,200,000	$	4,200,000	32624
1250	100622	Human Resources Division - Operating	$	17,749,839	$	17,749,839	32625
1250	100657	Benefits Communication	$	712,316	$	712,316	32626
1280	100620	Office of Collective Bargaining	$	3,329,507	$	3,329,507	32627
1300	100606	Risk Management Reserve	$	6,635,784	$	6,635,784	32628
1320	100631	DAS Building Management	$	19,343,170	$	19,343,170	32629
1330	100607	IT Services Delivery	$	57,521,975	$	57,521,975	32630
1880	100649	Equal Opportunity Division - Operating	$	863,013	$	863,013	32631
2100	100612	State Printing	$	20,459,526	$	20,459,526	32632
2290	100630	IT Governance	$	16,446,474	$	16,446,474	32633
2290	100640	Leveraged Enterprise Purchases	$	7,065,639	$	7,065,639	32634
4270	100602	Investment Recovery	$	1,618,062	$	1,638,515	32635
4N60	100617	Major IT Purchases	$	56,888,635	$	56,888,635	32636
4P30	100603	DAS Information Services	$	6,400,070	$	6,400,070	32637
5C20	100605	MARCS Administration	$	14,292,596	$	14,512,028	32638
5C30	100608	Minor Construction Project Management	$	1,004,375	$	1,004,375	32639
5EB0	100635	OAKS Support Organization	$	25,813,077	$	19,813,077	32640
5EB0	100656	OAKS Updates and Developments	$	9,886,923	$	2,636,923	32641
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	32642
5KZ0	100659	Building Improvement	$	500,000	$	500,000	32643
5L70	100610	Professional Development	$	2,100,000	$	2,100,000	32644
5LA0	100660	Building Operation	$	26,600,767	$	26,814,648	32645
5LJ0	100661	IT Development	$	13,200,000	$	13,200,000	32646
5V60	100619	Employee Educational Development	$	800,000	$	800,000	32647
TOTAL GSF General Services Fund							32648
Group			$	333,614,857	$	320,854,742	32649

Federal Special Revenue Fund Group	32650

3AJ0	100654	ARRA Broadband Mapping Grant	$	1,723,009	$	1,723,009	32651
TOTAL FED Federal Special Revenue							32652
Fund Group			$	1,723,009	$	1,723,009	32653

State Special Revenue Fund Group	32654

5JQ0	100658	Professionals Licensing System	$	3,028,366	$	990,000	32655
5MV0	100662	Theater Equipment Maintenance	$	80,891	$	80,891	32656
5NM0	100663	911 Program	$	290,000	$	290,000	32657
TOTAL SSR State Special Revenue							32658
Fund Group			$	3,399,257	$	1,360,891	32659
TOTAL ALL BUDGET FUND GROUPS			$	~~496,790,074~~ 494,790,074	$	487,186,193	32660

Sec. 209.30. LONG-TERM CARE OMBUDSMAN

32662

The foregoing appropriation item 490410, Long-Term Care	32663
Ombudsman, shall be used to fund ombudsman program activities as	32664
authorized in sections 173.14 to 173.27 and section 173.99 of the	32665
Revised Code.	32666

The State Ombudsman may explore the design of a payment	32667
method for the Ombudsman Program that includes a	32668
pay-for-performance incentive component that is earned by	32669
designated regional long-term care ombudsman programs.	32670

MYCARE OHIO

32671

The foregoing appropriation items 490410, Long-Term Care	32672
Ombudsman, 490618, Federal Aging Grants, 490612, Federal	32673
Independence Services, 490609, Regional Long-Term Care Ombudsman	32674
Program, and 490620, Ombudsman Support, may be used by the Office	32675
of the State Long-Term Care Ombudsman to provide ombudsman program	32676
activities as described in sections 173.14 to 173.27 and section	32677
173.99 of the Revised Code to consumers participating in MyCare	32678
Ohio.	32679

SENIOR COMMUNITY SERVICES

32680

The foregoing appropriation item 490411, Senior Community	32681
Services, shall be used for services designated by the Department	32682
of Aging, including, but not limited to, home-delivered and	32683
congregate meals, transportation services, personal care services,	32684
respite services, adult day services, home repair, care	32685
coordination, prevention and disease self-management, and decision	32686
support systems. Service priority shall be given to low income,	32687
frail, and cognitively impaired persons 60 years of age and over.	32688
The department shall promote cost sharing by service recipients	32689
for those services funded with senior community services funds,	32690
including, when possible, sliding-fee scale payment systems based	32691
on the income of service recipients.	32692

ALZHEIMER'S RESPITE

32693

The foregoing appropriation item 490414, Alzheimer's Respite,	32694
shall be used to fund only Alzheimer's disease services under	32695
section 173.04 of the Revised Code.	32696

NATIONAL SENIOR SERVICE CORPS

32697

The foregoing appropriation item 490506, National Senior	32698
Service Corps, shall be used by the Department of Aging to fund	32699
grants for three Corporation for National and Community	32700
Service/Senior Corps programs: the Foster Grandparents Program,	32701
the Senior Companion Program, and the Retired Senior Volunteer	32702
Program. A recipient of these grant funds shall use the funds to	32703
support priorities established by the Department and the Ohio	32704
State Office of the Corporation for National and Community	32705
Service. The expenditure of these funds by any grant recipient	32706
shall be in accordance with Senior Corps policies and procedures,	32707
as stated in the Domestic Volunteer Service Act of 1973, as	32708
amended. Neither the Department nor any area agencies on aging	32709
that are involved in the distribution of these funds to	32710
lower-tiered grant recipients may use any portion of these funds	32711
to cover administrative costs.	32712

SENIOR COMMUNITY OUTREACH AND EDUCATION

32713

The foregoing appropriation item 490606, Senior Community	32714
Outreach and Education, may be used to provide training to workers	32715
in the field of aging pursuant to division (G) of section 173.02	32716
of the Revised Code.	32717

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	32718
AND FEDERAL AGING GRANTS	32719

At the request of the Director of Aging, the Director of	32720
Budget and Management may transfer appropriation between	32721
appropriation items 490612, Federal Independence Services, and	32722
490618, Federal Aging Grants. The amounts transferred shall not	32723
exceed 30 per cent of the appropriation from which the transfer is	32724
made. Any transfers shall be reported by the Department of Aging	32725
to the Controlling Board at the next scheduled meeting of the	32726
board.	32727

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

32728

The foregoing appropriation item 490609, Regional Long-Term	32729
Care Ombudsman Program, shall be used to pay the costs of	32730
operating the regional long-term care ombudsman programs	32731
designated by the State Long-Term Care Ombudsman.	32732

TRANSFER OF RESIDENT PROTECTION FUNDS

32733

In each fiscal year, the Director of Budget and Management	32734
may transfer up to $1,250,000 cash from the Resident Protection	32735
Fund (Fund 4E30), which is used by the Department of Medicaid, to	32736
the Ombudsman Support Fund (Fund 5BA0), which is used by the	32737
Department of Aging.	32738

The Director of Aging and the Office of the State Long-Term	32739
Care Ombudsman may use moneys in the Ombudsman Support Fund (Fund	32740
5BA0) to implement a nursing home quality initiative as specified	32741
in section 173.60 of the Revised Code.	32742

LONG-TERM CARE CONSUMERS GUIDE

32743

The foregoing appropriation item 490613, Long-Term Care	32744
Consumers Guide, shall be used to conduct annual consumer	32745
satisfaction surveys and to pay for other administrative expenses	32746
related to the publication of the Ohio Long-Term Care Consumer	32747
Guide.	32748

CASH TRANSFER FROM THE GENERAL OPERATIONS FUND TO THE BOARD	32749
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS FUND	32750

On July 1, 2013, or as soon as possible thereafter, the	32751
Director of Health shall certify to the Director of Budget and	32752
Management the cash balance relating to the Board of Examiners of	32753
Nursing Home Administrators in the General Operations Fund (Fund	32754
4700), used by the Department of Health. Upon receiving this	32755
certification, the Director of Budget and Management may transfer	32756
this cash from the General Operations Fund (Fund 4700) to the	32757
Board of Executives of Long-Term Services and Supports Fund (Fund	32758
5MT0), used by the Department of Aging. If this transfer occurs,	32759
the Director of Budget and Management shall cancel any existing	32760
encumbrances pertaining to the Board of Examiners of Nursing Home	32761
Administrators against appropriation item 440647, Fee Supported	32762
Programs, and re-establish them against appropriation item 490627,	32763
Board of Executives of LTSS. The re-established encumbrance	32764
amounts are hereby appropriated.	32765

Sec. 221.10. AGO ATTORNEY GENERAL

32766

General Revenue Fund	32767

GRF	055321	Operating Expenses	$	42,514,169	$	43,114,169	32768
GRF	055405	Law-Related Education	$	100,000	$	100,000	32769
GRF	055407	Tobacco Settlement Enforcement	$	1,500,000	$	~~1,500,000~~ 0	32770
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	32771
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	32772
GRF	055501	Rape Crisis Centers	$	1,000,000	$	1,000,000	32773
TOTAL GRF General Revenue Fund			$	46,703,589	$	~~47,303,589~~ 45,803,589	32774

General Services Fund Group	32775

1060	055612	~~General Reimbursement~~ Attorney General Operating	$	54,806,192	$	55,820,716	32776
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	32777
4180	055615	Charitable Foundations	$	8,286,000	$	8,286,000	32778
4200	055603	Attorney General Antitrust	$	1,839,074	$	1,839,074	32779
4210	055617	Police Officers' Training Academy Fee	$	500,000	$	500,000	32780
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	32781
5900	055633	Peace Officer Private Security Fund	$	79,438	$	95,325	32782
5A90	055618	Telemarketing Fraud Enforcement	$	45,000	$	10,000	32783
5L50	055619	Law Enforcement Assistance Program	$	375,255	$	187,627	32784
5LR0	055655	Peace Officer Training - Casino	$	4,629,409	$	4,629,409	32785
5MP0	055657	Peace Officer Training Commission	$	25,000	$	25,000	32786
6310	055637	Consumer Protection Enforcement	$	6,700,000	$	6,834,000	32787
TOTAL GSF General Services Fund							32788
Group			$	86,700,872	$	87,642,655	32789

Federal Special Revenue Fund Group	32790

3060	055620	Medicaid Fraud Control	$	4,537,408	$	4,628,156	32791
3810	055611	Civil Rights Legal Service	$	75,000	$	35,574	32792
3830	055634	Crime Victims Assistance	$	15,000,000	$	15,000,000	32793
3E50	055638	Attorney General Pass-Through Funds	$	599,999	$	599,999	32794
3FV0	055656	Crime Victim Compensation	$	7,000,000	$	7,000,000	32795
3R60	055613	Attorney General Federal Funds	$	999,999	$	999,999	32796
TOTAL FED Federal Special Revenue							32797
Fund Group			$	28,212,406	$	28,263,728	32798

State Special Revenue Fund Group	32799

4020	055616	Victims of Crime	$	16,456,769	$	16,456,769	32800
4190	055623	Claims Section	$	55,920,716	$	56,937,131	32801
4L60	055606	DARE Programs	$	3,578,901	$	3,486,209	32802
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	32803
6590	055641	Solid and Hazardous Waste Background Investigations	$	310,730	$	310,730	32804
TOTAL SSR State Special Revenue							32805
Fund Group			$	76,867,116	$	77,790,839	32806

Holding Account Redistribution Fund Group	32807

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	32808
R005	055632	Antitrust Settlements	$	1,000	$	1,000	32809
R018	055630	Consumer Frauds	$	750,000	$	750,000	32810
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	32811
R054	055650	Collection Payment Redistribution	$	4,500,000	$	4,500,000	32812
TOTAL 090 Holding Account							32813
Redistribution Fund Group			$	6,276,025	$	6,276,025	32814

Tobacco Master Settlement Agreement Fund Group	32815

U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	500,000	$	~~500,000~~ 2,000,000	32816
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	500,000	$	~~500,000~~ 2,000,000	32817
TOTAL ALL BUDGET FUND GROUPS			$	245,260,008	$	247,776,836	32818

OHIO BCI FORENSIC RESEARCH AND PROFESSIONAL TRAINING CENTER

32819

Of the foregoing appropriation item 055321, Operating	32820
Expenses, $600,000 in fiscal year 2015 shall be used to create the	32821
Ohio BCI Forensic Research and Professional Training Center at	32822
Bowling Green State University. The purpose of the Center shall be	32823
to foster forensic science research techniques (BCI Eminent	32824
Scholar) and to create professional training opportunities to	32825
students (BCI Scholars) in the forensic science fields.	32826

COUNTY SHERIFFS' PAY SUPPLEMENT

32827

The foregoing appropriation item 055411, County Sheriffs' Pay	32828
Supplement, shall be used for the purpose of supplementing the	32829
annual compensation of county sheriffs as required by section	32830
325.06 of the Revised Code.	32831

At the request of the Attorney General, the Director of	32832
Budget and Management may transfer appropriation from	32833
appropriation item 055321, Operating Expenses, to appropriation	32834
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	32835
transferred shall be used to supplement the annual compensation of	32836
county sheriffs as required by section 325.06 of the Revised Code.	32837

COUNTY PROSECUTORS' PAY SUPPLEMENT

32838

The foregoing appropriation item 055415, County Prosecutors'	32839
Pay Supplement, shall be used for the purpose of supplementing the	32840
annual compensation of certain county prosecutors as required by	32841
section 325.111 of the Revised Code.	32842

At the request of the Attorney General, the Director of	32843
Budget and Management may transfer appropriation from	32844
appropriation item 055321, Operating Expenses, to appropriation	32845
item 055415, County Prosecutors' Pay Supplement. Any appropriation	32846
so transferred shall be used to supplement the annual compensation	32847
of county prosecutors as required by section 325.111 of the	32848
Revised Code.	32849

CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL	32850
REIMBURSEMENT FUND	32851

Notwithstanding any other provision of law to the contrary,	32852
on July 1, 2013, or as soon as possible thereafter, the Director	32853
of Budget and Management shall transfer $80,000 cash from the	32854
General Revenue Fund to the General Reimbursement Fund (Fund	32855
1060).	32856

WORKERS' COMPENSATION SECTION

32857

The Workers' Compensation Fund (Fund 1950) is entitled to	32858
receive payments from the Bureau of Workers' Compensation and the	32859
Ohio Industrial Commission at the beginning of each quarter of	32860
each fiscal year to fund legal services to be provided to the	32861
Bureau of Workers' Compensation and the Ohio Industrial Commission	32862
during the ensuing quarter. The advance payment shall be subject	32863
to adjustment.	32864

In addition, the Bureau of Workers' Compensation shall	32865
transfer payments at the beginning of each quarter for the support	32866
of the Workers' Compensation Fraud Unit.	32867

All amounts shall be mutually agreed upon by the Attorney	32868
General, the Bureau of Workers' Compensation, and the Ohio	32869
Industrial Commission.	32870

ATTORNEY GENERAL PASS-THROUGH FUNDS

32871

The foregoing appropriation item 055638, Attorney General	32872
Pass-Through Funds, shall be used to receive federal grant funds	32873
provided to the Attorney General by other state agencies,	32874
including, but not limited to, the Department of Youth Services	32875
and the Department of Public Safety.	32876

GENERAL HOLDING ACCOUNT

32877

The foregoing appropriation item 055631, General Holding	32878
Account, shall be used to distribute moneys under the terms of	32879
relevant court orders or other settlements received in a variety	32880
of cases involving the Office of the Attorney General. If it is	32881
determined that additional amounts are necessary for this purpose,	32882
the amounts are hereby appropriated.	32883

ANTITRUST SETTLEMENTS

32884

The foregoing appropriation item 055632, Antitrust	32885
Settlements, shall be used to distribute moneys under the terms of	32886
relevant court orders or other out of court settlements in	32887
antitrust cases or antitrust matters involving the Office of the	32888
Attorney General. If it is determined that additional amounts are	32889
necessary for this purpose, the amounts are hereby appropriated.	32890

CONSUMER FRAUDS

32891

The foregoing appropriation item 055630, Consumer Frauds,	32892
shall be used for distribution of moneys from court-ordered	32893
judgments against sellers in actions brought by the Office of	32894
Attorney General under sections 1334.08 and 4549.48 and division	32895
(B) of section 1345.07 of the Revised Code. These moneys shall be	32896
used to provide restitution to consumers victimized by the fraud	32897
that generated the court-ordered judgments. If it is determined	32898
that additional amounts are necessary for this purpose, the	32899
amounts are hereby appropriated.	32900

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

32901

The foregoing appropriation item 055601, Organized Crime	32902
Commission Distributions, shall be used by the Organized Crime	32903
Investigations Commission, as provided by section 177.011 of the	32904
Revised Code, to reimburse political subdivisions for the expenses	32905
the political subdivisions incur when their law enforcement	32906
officers participate in an organized crime task force. If it is	32907
determined that additional amounts are necessary for this purpose,	32908
the amounts are hereby appropriated.	32909

COLLECTION PAYMENT REDISTRIBUTION

32910

The foregoing appropriation item 055650, Collection Payment	32911
Redistribution, shall be used for the purpose of allocating the	32912
revenue where debtors mistakenly paid the client agencies instead	32913
of the Attorney General's Collections Enforcement Section. If it	32914
is determined that additional amounts are necessary for this	32915
purpose, the amounts are hereby appropriated.	32916

OHIO LAW ENFORCEMENT TRAINING FUND RECOMMENDATIONS

32917

By September 1, 2013, the Attorney General, in consultation	32918
with state and local law enforcement agencies, shall submit to the	32919
President and Minority Leader of the Senate and the Speaker and	32920
Minority Leader of the House of Representatives a report	32921
recommending how to best use moneys collected from the gross	32922
casino revenue tax, pursuant to Section 6(C)(3)(f) of Article XV,	32923
Ohio Constitution, and how to best distribute such money for the	32924
purposes of enhancing public safety and providing additional	32925
training opportunities to the law enforcement community. The	32926
report shall expressly include a recommendation for sharing a	32927
portion of such moneys with local law enforcement agencies	32928
beginning in fiscal year 2015.	32929

CASH TRANSFERS FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS	32930
FUND	32931

Notwithstanding section 512.20 of Am. Sub. H.B. 487 of the	32932
129th General Assembly, on July 1, 2014, or as soon as possible	32933
thereafter, the Director of Budget and Management may transfer up	32934
to $8,000,000 cash from the Pre-Securitization Tobacco Payments	32935
Fund (Fund 5LS0) to the Tobacco Oversight Administration and	32936
Enforcement Fund (Fund U087).	32937

Sec. 241.10. COM DEPARTMENT OF COMMERCE

32938

General Services Fund Group	32939

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	32940
1630	800637	Information Technology	$	6,011,977	$	6,011,977	32941
5430	800602	Unclaimed Funds-Operating	$	7,737,546	$	7,737,546	32942
5430	800625	Unclaimed Funds-Claims	$	64,000,000	$	64,000,000	32943
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	32944
TOTAL GSF General Services Fund							32945
Group			$	84,249,523	$	84,249,523	32946

Federal Special Revenue Fund Group	32947

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	32948
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	32949
TOTAL FED Federal Special Revenue							32950
Fund Group			$	2,685,729	$	2,685,729	32951

State Special Revenue Fund Group	32952

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	32953
4H90	800608	Cemeteries	$	266,688	$	266,688	32954
4X20	800619	Financial Institutions	$	1,854,298	$	1,854,298	32955
5440	800612	Banks	$	6,836,589	$	6,836,589	32956
5450	800613	Savings Institutions	$	2,259,536	$	2,259,536	32957
5460	800610	Fire Marshal	$	17,336,990	$	15,976,408	32958
5460	800639	Fire Department Grants	$	2,198,802	$	~~2,198,802~~ 5,198,802	32959
5470	800603	Real Estate Education/Research	$	69,655	$	69,655	32960
5480	800611	Real Estate Recovery	$	50,000	$	50,000	32961
5490	800614	Real Estate	$	3,310,412	$	3,310,412	32962
5500	800617	Securities	$	4,238,814	$	4,238,814	32963
5520	800604	Credit Union	$	3,297,888	$	3,297,888	32964
5530	800607	Consumer Finance	$	3,481,692	$	3,481,692	32965
5560	800615	Industrial Compliance	$	26,612,520	$	27,104,205	32966
5FW0	800616	Financial Literacy Education	$	200,000	$	200,000	32967
5GK0	800609	Securities Investor Education/Enforcement	$	432,150	$	432,150	32968
5HV0	800641	Cigarette Enforcement	$	118,800	$	118,800	32969
5LP0	800646	Liquor Regulatory Operating Expenses	$	7,988,921	$	7,844,537	32970
5PA0	800647	Bustr Revolving Loan Program	$	0	$	3,000,000	32971
5X60	800623	Video Service	$	337,224	$	337,224	32972
6530	800629	UST Registration/Permit Fee	$	~~3,831,888~~ 2,331,888	$	~~3,612,588~~ 2,112,588	32973
6A40	800630	Real Estate Appraiser-Operating	$	672,973	$	672,973	32974
TOTAL SSR State Special Revenue							32975
Fund Group			$	~~85,430,840~~ 83,930,840	$	~~84,198,259~~ 88,698,259	32976

Liquor Control Fund Group	32977

5LC0	800644	Liquor JobsOhio Extraordinary Allowance	$	557,974	$	372,661	32978
5LN0	800645	Liquor Operating Services	$	13,949,342	$	9,316,535	32979
TOTAL LCF Liquor Control							32980
Fund Group			$	14,507,316	$	9,689,196	32981
TOTAL ALL BUDGET FUND GROUPS			$	~~186,873,408~~ 185,373,408	$	~~180,822,707~~ 185,322,707	32982

ADMINISTRATIVE ASSESSMENTS

32983

Notwithstanding any other provision of law to the contrary,	32984
the Division of Administration Fund (Fund 1630) is entitled to	32985
receive assessments from all operating funds of the Department in	32986
accordance with procedures prescribed by the Director of Commerce	32987
and approved by the Director of Budget and Management.	32988

UNCLAIMED FUNDS PAYMENTS

32989

The foregoing appropriation item 800625, Unclaimed	32990
Funds-Claims, shall be used to pay claims under section 169.08 of	32991
the Revised Code. If it is determined that additional amounts are	32992
necessary, the amounts are appropriated.	32993

FIRE DEPARTMENT GRANTS

32994

Of the foregoing appropriation item 800639, Fire Department	32995
Grants, up to $2,198,802 in ~~each~~ fiscal year 2014 and $5,198,802	32996
in fiscal year 2015 shall be used to make annual grants to the	32997
following eligible recipients: volunteer fire departments, fire	32998
departments that serve one or more small municipalities or small	32999
townships, joint fire districts comprised of fire departments that	33000
primarily serve small municipalities or small townships, local	33001
units of government responsible for such fire departments, and	33002
local units of government responsible for the provision of fire	33003
protection services for small municipalities or small townships.	33004
For the purposes of these grants, a private fire company, as that	33005
phrase is defined in section 9.60 of the Revised Code, that is	33006
providing fire protection services under a contract to a political	33007
subdivision of the state, is an additional eligible recipient for	33008
a training grant.	33009

Eligible recipients that consist of small municipalities or	33010
small townships that all intend to contract with the same fire	33011
department or private fire company for fire protection services	33012
may jointly apply and be considered for a grant. If a joint	33013
applicant is awarded a grant, the State Fire Marshal shall, if	33014
feasible, proportionately award the grant and any equipment	33015
purchased with grant funds to each of the joint applicants based	33016
upon each applicant's contribution to and demonstrated need for	33017
fire protection services.	33018

If the grant awarded to joint applicants is an equipment	33019
grant and the equipment to be purchased cannot be readily	33020
distributed or possessed by multiple recipients, each of the joint	33021
applicants shall be awarded by the State Fire Marshal an ownership	33022
interest in the equipment so purchased in proportion to each	33023
applicant's contribution to and demonstrated need for fire	33024
protection services. The joint applicants shall then mutually	33025
agree on how the equipment is to be maintained, operated, stored,	33026
or disposed of. If, for any reason, the joint applicants cannot	33027
agree as to how jointly owned equipment is to be maintained,	33028
operated, stored, or disposed of or any of the joint applicants no	33029
longer maintain a contract with the same fire protection service	33030
provider as the other applicants, then the joint applicants shall,	33031
with the assistance of the State Fire Marshal, mutually agree as	33032
to how the jointly owned equipment is to be maintained, operated,	33033
stored, disposed of, or owned. If the joint applicants cannot	33034
agree how the grant equipment is to be maintained, operated,	33035
stored, disposed of, or owned, the State Fire Marshal may, in its	33036
discretion, require all of the equipment acquired by the joint	33037
applicants with grant funds to be returned to the State Fire	33038
Marshal. The State Fire Marshal may then award the returned	33039
equipment to any eligible recipients. For this paragraph only, an	33040
"equipment grant" also includes a MARCS Grant.	33041

Except as otherwise provided in this section, the grants	33042
shall be used by recipients to purchase firefighting or rescue	33043
equipment or gear or similar items, to provide full or partial	33044
reimbursement for the documented costs of firefighter training,	33045
or, at the discretion of the State Fire Marshal, to cover fire	33046
department costs for providing fire protection services in that	33047
grant recipient's jurisdiction.	33048

Of the foregoing appropriation item 800639, Fire Department	33049
Grants, up to $500,000 per fiscal year may be used to pay for the	33050
State Fire Marshal's costs of providing firefighter I	33051
certification classes or other firefighter classes approved by the	33052
Department of Public Safety in accordance with section 4765.55 of	33053
the Revised Code at no cost to selected students attending the	33054
Ohio Fire Academy or other class providers approved by the State	33055
Fire Marshal. The State Fire Marshal may establish the	33056
qualifications and selection processes for students to attend such	33057
classes by written policy, and such students shall be considered	33058
eligible recipients of fire department grants for the purposes of	33059
this portion of the grant program.	33060

For purposes of this section, a MARCS Grant is a grant for	33061
systems, equipment, or services that are a part of, integrated	33062
into, or otherwise interoperable with the Multi-Agency Radio	33063
Communication System (MARCS) operated by the state.	33064

Of the foregoing appropriation item 800639, Fire Department	33065
Grants, up to $3,000,000 in fiscal year 2015 may be used for MARCS	33066
Grants. MARCS Grants may be used for the payment of user access	33067
fees by the eligible recipient to access MARCS.	33068

MARCS Grant awards may be up to $50,000 in fiscal year 2015	33069
per eligible recipient. Each eligible recipient may only apply, as	33070
a separate entity or as a part of a joint application, for one	33071
MARCS Grant per fiscal year. Eligible recipients that are or were	33072
awarded fire department grants that are not MARCS Grants may also	33073
apply for and receive MARCS Grants in accordance with criteria for	33074
the awarding of grant funds established by the State Fire Marshal.	33075

Grant awards for firefighting or rescue equipment or gear or	33076
for fire department costs of providing fire protection services	33077
shall be up to $15,000 per fiscal year, or up to $25,000 per	33078
fiscal year if an eligible entity serves a jurisdiction in which	33079
the Governor declared a natural disaster during the preceding or	33080
current fiscal year in which the grant was awarded. In addition to	33081
any grant funds awarded for rescue equipment or gear, or for fire	33082
department costs associated with the provision of fire protection	33083
services, an eligible entity may receive a grant for up to $15,000	33084
per fiscal year for full or partial reimbursement of the	33085
documented costs of firefighter training. For each fiscal year,	33086
the State Fire Marshal shall determine the total amounts to be	33087
allocated for each eligible purpose.	33088

The grant program shall be administered by the State Fire	33089
Marshal in accordance with rules the State Fire Marshal adopts as	33090
part of the state fire code adopted pursuant to section 3737.82 of	33091
the Revised Code that are necessary for the administration and	33092
operation of the grant program. The rules may further define the	33093
entities eligible to receive grants and establish criteria for the	33094
awarding and expenditure of grant funds, including methods the	33095
State Fire Marshal may use to verify the proper use of grant funds	33096
or to obtain reimbursement for or the return of equipment for	33097
improperly used grant funds. To the extent consistent with this	33098
section and until such time as the rules are updated, the existing	33099
rules in the state fire code adopted pursuant to section 3737.82	33100
of the Revised Code for fire department grants under this section	33101
apply to MARCS Grants. Any amounts in appropriation item 800639,	33102
Fire Department Grants, in excess of the amount allocated for	33103
these grants may be used for the administration of the grant	33104
program.	33105

CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND

33106

The Director of Budget and Management, upon the request of	33107
the Director of Commerce, may transfer up to $500,000 in cash from	33108
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in	33109
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to	33110
the Division of Real Estate Operating Fund (Fund 5490) during the	33111
biennium ending June 30, 2015.	33112

Sec. 245.10. CEB CONTROLLING BOARD

33113

General Revenue Fund	33114

GRF	911420	Children Services	$	0	$	6,800,000	33115
GRF	911421	Adult Protective Services	$	0	$	10,000,000	33116
GRF	911441	Ballot Advertising Costs	$	475,000	$	475,000	33117
TOTAL GRF General Revenue Fund			$	475,000	$	~~475,000~~ 17,275,000	33118

General Services Fund Group	33119

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	33120
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	33121
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	~~10,475,000~~ 27,275,000	33122

FEDERAL SHARE

33123

In transferring appropriations to or from appropriation items	33124
that have federal shares identified in ~~this act~~Am. Sub. H.B. 59	33125
of the 130th General Assembly, the Controlling Board shall add or	33126
subtract corresponding amounts of federal matching funds at the	33127
percentages indicated by the state and federal division of the	33128
appropriations in ~~this act~~Am. Sub. H.B. 59 of the 130th General	33129
Assembly. Such changes are hereby appropriated.	33130

DISASTER SERVICES

33131

Pursuant to requests submitted by the Department of Public	33132
Safety, the Controlling Board may approve transfers from the	33133
Disaster Services Fund (5E20) to a fund and appropriation item	33134
used by the Department of Public Safety to provide for assistance	33135
to political subdivisions made necessary by natural disasters or	33136
emergencies. These transfers may be requested and approved prior	33137
to the occurrence of any specific natural disasters or emergencies	33138
in order to facilitate the provision of timely assistance. The	33139
Emergency Management Agency of the Department of Public Safety	33140
shall use the funding to fund the State Disaster Relief Program	33141
for disasters that have a written Governor's authorization, and	33142
the State Individual Assistance Program for disasters that have a	33143
written Governor's authorization and is declared by the federal	33144
Small Business Administration. The Ohio Emergency Management	33145
Agency shall publish and make available application packets	33146
outlining procedures for the State Disaster Relief Program and the	33147
State Individual Assistance Program.	33148

Fund 5E20 shall be used by the Controlling Board, pursuant to	33149
requests submitted by state agencies, to transfer cash and	33150
appropriations to any fund and appropriation item for the payment	33151
of state agency disaster relief program expenses for disasters	33152
that have a written Governor's authorization, if the Director of	33153
Budget and Management determines that sufficient funds exist.	33154

Upon the request of the Department of Public Safety, the	33155
Controlling Board may release up to $2,615,000 for Blanchard River	33156
flood mitigation projects.	33157

BALLOT ADVERTISING COSTS

33158

Pursuant to section 3501.17 of the Revised Code, and upon	33159
requests submitted by the Secretary of State, the Controlling	33160
Board shall approve transfers from the foregoing appropriation	33161
item 911441, Ballot Advertising Costs, to appropriation item	33162
050621, Statewide Ballot Advertising, in order to pay for the cost	33163
of public notices associated with statewide ballot initiatives.	33164

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	33165
ELIGIBILITY	33166

A state agency director shall request that the Controlling	33167
Board increase the amount of the agency's capital appropriations	33168
if the director determines such an increase is necessary for the	33169
agency to receive and use funds under the federal American	33170
Recovery and Reinvestment Act of 2009. The Controlling Board may	33171
increase the capital appropriations pursuant to the request up to	33172
the exact amount necessary under the federal act if the Board	33173
determines it is necessary for the agency to receive and use those	33174
federal funds.	33175

CHILDREN SERVICES

33176

Pursuant to Section 751.140 of this act, the Director of Job	33177
and Family Services may seek Controlling Board approval for the	33178
release and transfer of appropriations from the foregoing	33179
appropriation item 911420, Children Services. Upon approval of the	33180
Controlling Board, the Director of Budget and Management shall	33181
transfer appropriations equal to the amount requested to an	33182
appropriation item in the Department of Job and Family Services,	33183
as determined by the Director of Budget and Management. The	33184
transferred appropriations shall be used to implement the	33185
recommendations of the Children Services Funding Workgroup.	33186

ADULT PROTECTIVE SERVICES

33187

Pursuant to Section 751.130 of this act, the Director of Job	33188
and Family Services may seek Controlling Board approval for the	33189
release and transfer of appropriations from the foregoing	33190
appropriation item 911421, Adult Protective Services. Upon	33191
approval of the Controlling Board, the Director of Budget and	33192
Management shall transfer appropriations equal to the amount	33193
requested to an appropriation item in the Department of Job and	33194
Family Services, as determined by the Director of Budget and	33195
Management. The transferred appropriations shall be used to	33196
implement the recommendations of the Adult Protective Services	33197
Funding Workgroup.	33198

Sec. 257.10. DEV DEVELOPMENT SERVICES AGENCY

33199

General Revenue Fund	33200

GRF	195402	Coal Research Operating	$	261,205	$	261,405	33201
GRF	195405	Minority Business Development	$	1,693,691	$	1,693,691	33202
GRF	195407	Travel and Tourism	$	1,300,000	$	0	33203
GRF	195415	Business Development Services	$	2,413,387	$	2,413,387	33204
GRF	195426	Redevelopment Assistance	$	1,968,365	$	468,365	33205
GRF	195497	CDBG Operating Match	$	1,015,000	$	1,015,000	33206
GRF	195501	Appalachian Local Development Districts	$	440,000	$	440,000	33207
GRF	195532	Technology Programs and Grants	$	13,547,341	$	13,547,341	33208
GRF	195533	Business Assistance	$	4,205,774	$	4,205,774	33209
GRF	195535	Appalachia Assistance	$	3,846,482	$	3,846,482	33210
GRF	195537	Ohio-Israel Agricultural Initiative	$	150,000	$	150,000	33211
GRF	195901	Coal Research & Development General Obligation Debt Service	$	2,858,900	$	4,327,200	33212
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	~~66,511,600~~ 61,911,600	$	~~83,783,000~~ 78,483,000	33213
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	~~15,498,400~~ 13,198,400	$	19,124,500	33214
TOTAL GRF General Revenue Fund			$	~~115,710,145~~ 108,810,145	$	~~135,276,145~~ 129,976,145	33215

General Services Fund Group	33216

1350	195684	Development Services Operations	$	10,800,000	$	10,800,000	33217
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	33218
5KN0	195640	Local Government Innovation	$	20,730,986	$	21,900,000	33219
5MB0	195623	Business Incentive Grants	$	15,000,000	$	0	33220
5MK0	195600	Vacant Facilities Grant	$	1,000,000	$	1,000,000	33221
5W50	195690	Travel and Tourism Cooperative Projects	$	150,000	$	150,000	33222
6850	195636	Development Services Reimbursable Expenditures	$	700,000	$	700,000	33223
TOTAL GSF General Services Fund							33224
Group			$	50,880,986	$	37,050,000	33225

Federal Special Revenue Fund Group	33226

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	33227
3080	195603	Housing Assistance Programs	$	10,000,000	$	10,000,000	33228
3080	195609	Small Business Administration Grants	$	5,271,381	$	5,271,381	33229
3080	195618	Energy Grants	$	9,307,779	$	4,109,193	33230
3080	195670	Home Weatherization Program	$	17,000,000	$	17,000,000	33231
3080	195671	Brownfield Redevelopment	$	5,000,000	$	5,000,000	33232
3080	195672	Manufacturing Extension Partnership	$	5,359,305	$	5,359,305	33233
3080	195675	Procurement Technical Assistance	$	600,000	$	600,000	33234
3080	195681	SBDC Disability Consulting	$	1,300,000	$	1,300,000	33235
3350	195610	Energy Programs	$	200,000	$	200,000	33236
3AE0	195643	Workforce Development Initiatives	$	1,800,000	$	1,800,000	33237
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	38,152	$	0	33238
3FJ0	195626	Small Business Capital Access and Collateral Enhancement Program	$	32,046,846	$	5,655,326	33239
3FJ0	195661	Technology Targeted Investment Program	$	12,750,410	$	2,250,072	33240
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	33241
3K90	195611	Home Energy Assistance Block Grant	$	172,000,000	$	172,000,000	33242
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	33243
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	33244
3V10	195601	HOME Program	$	30,000,000	$	30,000,000	33245
TOTAL FED Federal Special Revenue							33246
Fund Group			$	417,389,090	$	375,260,494	33247

State Special Revenue Fund Group	33248

4500	195624	Minority Business Bonding Program Administration	$	74,868	$	74,905	33249
4510	195649	Business Assistance Programs	$	6,300,800	$	6,700,800	33250
4F20	195639	State Special Projects	$	102,145	$	102,104	33251
4F20	195699	Utility Community Assistance	$	500,000	$	500,000	33252
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	33253
5HR0	195526	Incumbent Workforce Training Vouchers	$	30,000,000	$	30,000,000	33254
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	33255
5JR0	195635	Redevelopment Program Support	$	100,000	$	100,000	33256
5KP0	195645	Historic Rehab Operating	$	650,000	$	650,000	33257
5LU0	195673	Racetrack Facility Community Economic Redevelopment Fund	$	12,000,000	$	0	33258
5M40	195659	Low Income Energy Assistance (USF)	$	350,000,000	$	350,000,000	33259
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	8,000,000	33260
5MH0	195644	SiteOhio Administration	$	100,000	$	100,000	33261
5MJ0	195683	TourismOhio Administration	$	8,000,000	$	8,000,000	33262
5W60	195691	International Trade Cooperative Projects	$	18,000	$	18,000	33263
6170	195654	Volume Cap Administration	$	32,562	$	32,562	33264
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	33265
TOTAL SSR State Special Revenue							33266
Fund Group			$	474,628,375	$	463,028,371	33267

Facilities Establishment Fund Group	33268

5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	33269
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	33270
7010	195665	Research and Development	$	22,000,000	$	22,000,000	33271
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	33272
TOTAL 037 Facilities							33273
Establishment Fund Group			$	90,000,000	$	90,000,000	33274

Clean Ohio Revitalization Fund	33275

7003	195663		Clean Ohio Program		$	950,000		$	950,000		33276
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		33277

Third Frontier Research & Development Fund Group	33278

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	33279
7011	195687	Third Frontier Research & Development Projects	$	90,850,250	$	90,850,250	33280
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	33281
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	33282
TOTAL 011 Third Frontier Research & Development Fund Group			$	132,000,000	$	132,000,000	33283

Job Ready Site Development Fund Group	33284

7012	195688		Job Ready Site Development		$	800,000		$	800,000		33285
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		33286

Tobacco Master Settlement Agreement Fund Group	33287

M087	195435	Biomedical Research and Technology Transfer	$	1,896,595	$	1,906,025	33288
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,896,595	$	1,906,025	33289
TOTAL ALL BUDGET FUND GROUPS			$	~~1,284,255,191~~ 1,277,355,191	$	~~1,236,271,035~~ 1,230,971,035	33290

Sec. 257.20. COAL RESEARCH OPERATING

33292

The foregoing appropriation item 195402, Coal Research	33293
Operating, shall be used for the operating expenses of the	33294
Community Services Division in support of the Ohio Coal	33295
Development Office.	33296

TRAVEL AND TOURISM

33297

The foregoing appropriation item 195407, Travel and Tourism,	33298
shall be used for marketing the state of Ohio as a tourism	33299
destination and to support administrative expenses and contracts	33300
necessary to market Ohio.	33301

BUSINESS DEVELOPMENT SERVICES

33302

The foregoing appropriation item 195415, Business Development	33303
Services, shall be used for the operating expenses of the Business	33304
Services Division and the regional economic development offices	33305
and for grants for cooperative economic development ventures.	33306

REDEVELOPMENT ASSISTANCE

33307

The foregoing appropriation item 195426, Redevelopment	33308
Assistance, shall be used to fund the costs of administering the	33309
Clean Ohio Revitalization program and other urban revitalization	33310
programs that may be implemented by the Development Services	33311
Agency. Of the foregoing appropriation item 195426, Redevelopment	33312
Assistance, $1,500,000 in fiscal year 2014 shall be used for the	33313
Famicos Foundation.	33314

CDBG OPERATING MATCH

33315

The foregoing appropriation item 195497, CDBG Operating	33316
Match, shall be used as matching funds for grants from the United	33317
States Department of Housing and Urban Development pursuant to the	33318
Housing and Community Development Act of 1974 and regulations and	33319
policy guidelines for the programs pursuant thereto.	33320

APPALACHIAN LOCAL DEVELOPMENT DISTRICTS

33321

The foregoing appropriation item 195501, Appalachian Local	33322
Development Districts, shall be used to support four local	33323
development districts. Of the foregoing appropriation amount in	33324
each fiscal year, up to $135,000 shall be allocated to the Ohio	33325
Valley Regional Development Commission, up to $135,000 shall be	33326
allocated to the Ohio Mid-Eastern Government Association, up to	33327
$135,000 shall be allocated to the Buckeye Hills-Hocking Valley	33328
Regional Development District, and up to $35,000 shall be	33329
allocated to the Eastgate Regional Council of Governments. Local	33330
development districts receiving funding under this section shall	33331
use the funds for the implementation and administration of	33332
programs and duties under section 107.21 of the Revised Code.	33333

TECHNOLOGY PROGRAMS AND GRANTS

33334

Of the foregoing appropriation item 195532, Technology	33335
Programs and Grants, up to $547,341 in each fiscal year shall be	33336
used for operating expenses incurred in administering the Ohio	33337
Third Frontier pursuant to sections 184.10 to 184.20 of the	33338
Revised Code; up to $13,000,000 in each fiscal year shall be used	33339
for the Thomas Edison Program pursuant to sections 122.28 to	33340
122.38 of the Revised Code, of which not more than ten per cent	33341
shall be used for operating expenses incurred in administering the	33342
program.	33343

BUSINESS ASSISTANCE

33344

The foregoing appropriation item 195533, Business Assistance,	33345
may be used to provide a range of business assistance, including	33346
grants to local organizations to support economic development	33347
activities that promote minority business development, small	33348
business development, entrepreneurship, and exports of Ohio's	33349
goods and services. This appropriation item shall also be used as	33350
matching funds for grants from the United States Small Business	33351
Administration and other federal agencies, pursuant to Public Law	33352
No. 96-302 as amended by Public Law No. 98-395, and regulations	33353
and policy guidelines for the programs pursuant thereto.	33354

APPALACHIA ASSISTANCE

33355

The foregoing appropriation item 195535, Appalachia	33356
Assistance, may be used for the administrative costs of planning	33357
and liaison activities for the Governor's Office of Appalachia, to	33358
provide financial assistance to projects in Ohio's Appalachian	33359
counties, and to pay dues for the Appalachian Regional Commission.	33360
These funds may be used to match federal funds from the	33361
Appalachian Regional Commission.	33362

OHIO-ISRAEL AGRICULTURE INITIATIVE

33363

The foregoing appropriation item 195537, Ohio-Israel	33364
Agricultural Initiative, shall be used for the Ohio-Israel	33365
Agricultural Initiative.	33366

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

33367

The foregoing appropriation line item 195901, Coal Research	33368
and Development General Obligation Debt Service, shall be used to	33369
pay all debt service and related financing costs during the period	33370
July 1, 2013, through June 30, 2015 for obligations issued under	33371
sections 151.01 and 151.07 of the Revised Code.	33372

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	33373
SERVICE	33374

The foregoing appropriation item 195905, Third Frontier	33375
Research & Development General Obligation Debt Service, shall be	33376
used to pay all debt service and related financing costs during	33377
the period from July 1, 2013, through June 30, 2015, on	33378
obligations issued for research and development purposes under	33379
sections 151.01 and 151.10 of the Revised Code.	33380

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

33381

The foregoing appropriation item 195912, Job Ready Site	33382
Development General Obligation Debt Service, shall be used to pay	33383
all debt service and related financing costs during the period	33384
from July 1, 2013, through June 30, 2015, on obligations issued	33385
for job ready site development purposes under sections 151.01 and	33386
151.11 of the Revised Code.	33387

Sec. 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

33388

General Revenue Fund	33389

GRF	320412	Protective Services	$	1,918,196	$	1,918,196	33390
GRF	320415	Lease-Rental Payments	$	~~15,843,300~~ 14,743,300	$	16,076,700	33391
GRF	322420	Screening and Early Intervention	$	300,000	$	300,000	33392
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	33393
GRF	322501	County Boards Subsidies	$	44,449,280	$	44,449,280	33394
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	33395
GRF	322507	County Board Case Management	$	2,500,000	$	2,500,000	33396
GRF	322508	Employment First Pilot Program	$	3,000,000	$	3,000,000	33397
GRF	653321	Medicaid Program Support - State	$	6,186,694	$	6,186,694	33398
GRF	653407	Medicaid Services	$	430,056,111	$	437,574,237	33399
TOTAL GRF General Revenue Fund			$	~~524,186,339~~ 523,086,339	$	531,937,865	33400

General Services Fund Group	33401

1520	653609		DC and Residential Operating Services		$	3,414,317		$	3,414,317		33402
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		33403

Federal Special Revenue Fund Group	33404

3A50	320613	DD Council	$	3,297,656	$	3,324,187	33405
3250	322612	Community Social Service Programs	$	10,604,896	$	10,604,896	33406
3A40	653604	DC & ICF/IID Program Support	$	8,013,611	$	8,013,611	33407
3A40	653605	DC and Residential Services and Support	$	159,548,565		159,548,565	33408
3A40	653653	ICF/IID	$	354,712,840	$	353,895,717	33409
3G60	653639	Medicaid Waiver Services	$	932,073,249	$	1,025,921,683	33410
3G60	653640	Medicaid Waiver Program Support	$	36,934,303	$	36,170,872	33411
3M70	653650	CAFS Medicaid	$	3,000,000	$	3,000,000	33412
TOTAL FED Federal Special Revenue Fund Group			$	1,508,185,120	$	1,600,479,531	33413

State Special Revenue Fund Group	33414

5GE0	320606	Operating and Services	$	7,407,297	$	7,407,297	33415
2210	322620	Supplement Service Trust	$	150,000	$	150,000	33416
5DJ0	322625	Targeted Case Management Match	$	33,750,000	$	37,260,000	33417
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	33418
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	33419
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	33420
4890	653632	DC Direct Care Services	$	16,497,169	$	16,497,169	33421
5CT0	653607	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	33422
5DJ0	653626	Targeted Case Management Services	$	91,740,000	$	100,910,000	33423
5EV0	653627	Medicaid Program Support	$	685,000	$	685,000	33424
5GE0	653606	ICF/IID and Waiver Match	$	40,353,139	$	39,106,638	33425
5S20	653622	Medicaid Admin and Oversight	$	17,341,201	$	19,032,154	33426
5Z10	653624	County Board Waiver Match	$	284,740,000	$	336,480,000	33427
TOTAL SSR State Special Revenue Fund Group			$	494,618,806	$	559,483,258	33428
TOTAL ALL BUDGET FUND GROUPS			$	~~2,530,404,582~~ 2,529,304,582	$	2,695,314,971	33429

Sec. 259.210. FISCAL YEAR 2015 MEDICAID PAYMENT RATES FOR	33431
ICFs/IID	33432

(A) As used in this section:

33433

"Change of operator," "entering operator," "exiting	33434
operator," "ICF/IID," "ICF/IID services," "Medicaid days," "peer	33435
group 1," "peer group 2," "peer group 3," "provider," and	33436
"provider agreement" have the same meanings as in section 5124.01	33437
of the Revised Code.	33438

"Franchise permit fee" means the fee imposed by sections	33439
5168.60 to 5168.71 of the Revised Code.	33440

"Modified per diem rate" means the total per Medicaid day	33441
payment rate calculated for an ICF/IID under division (C) of this	33442
section.	33443

"Unmodified per diem rate" means the total per Medicaid day	33444
payment rate calculated for an ICF/IID under Chapter 5124. of the	33445
Revised Code. In the case of a new ICF/IID, "unmodified per diem	33446
rate" means the initial total per Medicaid day payment rate	33447
calculated for the new ICF/IID under section 5124.151 of the	33448
Revised Code.	33449

(B)(1) This section applies to each ~~ICF/IID~~ provider of an	33450
ICF/IID in peer group 1 or peer group 2 to which any of the	33451
following applies:	33452

~~(1)~~(a) The provider has a valid Medicaid provider agreement	33453
for the ICF/IID on June 30, 2014, and a valid Medicaid provider	33454
agreement for the ICF/IID during fiscal year 2015.	33455

~~(2)~~(b) The ICF/IID undergoes a change of operator that takes	33456
effect during fiscal year 2015, the exiting operator has a valid	33457
Medicaid provider agreement for the ICF/IID on the day immediately	33458
preceding the effective date of the change of operator, and the	33459
entering operator has a valid Medicaid provider agreement for the	33460
ICF/IID during fiscal year 2015.	33461

~~(3)~~(c) The ICF/IID is a new ICF/IID for which the provider	33462
obtains an initial provider agreement during fiscal year 2015.	33463

(2) This section does not apply to a provider of an ICF/IID	33464
in peer group 3.	33465

(C)(1) Except as otherwise provided in this section, an	33466
ICF/IID provider to which this section applies shall be paid, for	33467
ICF/IID services the ICF/IID provides during fiscal year 2015, the	33468
total modified per diem rate determined for the ICF/IID under this	33469
division.	33470

(2) Except in the case of a new ICF/IID, an ICF/IID's total	33471
modified per diem rate for fiscal year 2015 shall be the ICF/IID's	33472
total unmodified per diem rate for that fiscal year with the	33473
following modifications:	33474

(a) In place of the inflation adjustment otherwise made under	33475
section 5124.23 of the Revised Code, the ICF/IID's desk-reviewed,	33476
actual, allowable, per diem other protected costs, excluding the	33477
franchise permit fee, from calendar year 2013 shall be multiplied	33478
by 1.014.	33479

(b) In place of the maximum cost per case-mix unit	33480
established for the ICF/IID's peer group under division (C) of	33481
section 5124.19 of the Revised Code, the ICF/IID's maximum costs	33482
per case-mix unit shall be the ~~following:~~	33483

~~(i) In the case of an ICF/IID with more than eight beds,~~	33484
~~$114.37 or the different amount, if any, specified in a future~~	33485
~~amendment to this section made under division (D)(3) of this~~	33486
~~section;~~	33487

~~(ii) In the case of an ICF/IID with eight or fewer beds,~~	33488
~~$109.09 or the different~~ amount~~, if any, specified in a future~~	33489
~~amendment to this section made~~determined under division (D)(3) of	33490
this section.	33491

(c) In place of the inflation adjustment otherwise calculated	33492
under division (D) of section 5124.19 of the Revised Code for the	33493
purpose of division (A)(1)(b) of that section, an inflation	33494
adjustment of 1.014 shall be used.	33495

(d) In the place of the grouper methodology prescribed, as of	33496
the day immediately before the effective date of this section, in	33497
rules authorized by section 5124.192 of the Revised Code, the new	33498
grouper methodology prescribed in rules authorized by division	33499
(D)(2)(a) of this section shall be used.	33500

(e) In place of the maximum rate for indirect care costs	33501
established for the ICF/IID's peer group under division (C) of	33502
section 5124.21 of the Revised Code, the maximum rate for indirect	33503
care costs for the ICF/IID's peer group shall be the following:	33504

(i) In the case of an ICF/IID ~~with more than eight beds~~in	33505
peer group 1, $68.98;	33506

(ii) In the case of an ICF/IID ~~with eight or fewer beds~~in	33507
peer group 2, $59.60.	33508

(f) In place of the inflation adjustment otherwise calculated	33509
under divisions (D)(1) and (2) of section 5124.21 of the Revised	33510
Code for the purpose of division (B)(1) of that section only, an	33511
inflation adjustment of 1.014 shall be used.	33512

(g) In place of the efficiency incentive otherwise calculated	33513
under division (B)(2) or (3) of section 5124.21 of the Revised	33514
Code, the ICF/IID's efficiency incentive for indirect care costs	33515
shall be the following:	33516

(i) In the case of an ICF/IID ~~with more than eight beds~~in	33517
peer group 1, $3.69;	33518

(ii) In the case of an ICF/IID ~~with eight or fewer beds~~in	33519
peer group 2, $3.19.	33520

(h) The ICF/IID's efficiency incentive for capital costs, as	33521
determined under division (E) of section 5124.17 of the Revised	33522
Code, shall be reduced by 50%.	33523

(3) In the case of a new ICF/IID, the ICF/IID's initial total	33524
modified per diem rate for fiscal year 2015 shall be the ICF/IID's	33525
total unmodified per diem rate for that fiscal year with the	33526
following modifications:	33527

(a) In place of the amount determined under division	33528
(A)(2)(a) of section 5124.151 of the Revised Code, if there are no	33529
cost or resident assessment data for the new ICF/IID, the new	33530
ICF/IID's initial per Medicaid day rate for direct care costs	33531
shall be determined as follows:	33532

(i) Using the costs per case-mix units determined for	33533
ICFs/IID under division (C)(3)(b) of Section 11 of Sub. H.B. 303	33534
of the 129th General Assembly, as amended by ~~this act~~Am. Sub.	33535
H.B. 59 of the 130th General Assembly, determine the median of the	33536
costs per case-mix units of each peer group;	33537

(ii) Multiply the median determined under division	33538
(C)(3)(a)(i) of this section by the median annual average case-mix	33539
score for the new ICF/IID's peer group for calendar year 2013;	33540

(iii) Multiply the product determined under division	33541
(C)(3)(a)(ii) of this section by 1.014.	33542

(b) In place of the amount determined under division (A)(3)	33543
of section 5124.151 of the Revised Code, the new ICF/IID's initial	33544
per Medicaid day rate for indirect care costs shall be the	33545
following:	33546

(i) If the new ICF/IID ~~has more then eight beds~~is in peer	33547
group 1, $68.98;	33548

(ii) If the new ICF/IID ~~has eight or fewer beds~~is in peer	33549
group 2, $59.60.	33550

(c) In place of the amount determined under division (A)(4)	33551
of section 5124.151 of the Revised Code, the new ICF/IID's initial	33552
per Medicaid day rate for other protected costs shall be one	33553
hundred fifteen per cent of the median rate for ICFs/IID	33554
determined under section 5124.23 of the Revised Code with the	33555
modification made under division (C)(2)(a) of this section.	33556

(4) A new ICF/IID's initial total modified per diem rate for	33557
fiscal year 2015 as determined under division (C)(3) of this	33558
section shall be adjusted at the applicable time specified in	33559
division (B) of section 5124.151 of the Revised Code. If the	33560
adjustment affects the ICF/IID's rate for ICF/IID services	33561
provided during fiscal year 2015, the modifications specified in	33562
division (C)(2) of this section apply to the adjustment.	33563

(D)(1) In consultation with the Ohio Provider Resource	33564
Association, Values and Faith Alliance, Ohio Association of County	33565
Boards of Developmental Disabilities, and Ohio Health Care	33566
Association/Ohio Centers for Intellectual Disabilities, the	33567
Director of Developmental Disabilities shall study all of the	33568
following:	33569

(a) Establishing a new grouper methodology to be used when	33570
determining ICFs/IID's case-mix scores for fiscal year 2015;	33571

(b) ~~Whether the amounts specified in division (C)(2)(b)(i)~~	33572
~~and (ii) of this section are set at levels that will avoid or~~	33573
~~minimize rate reductions under division (E) of this section;~~	33574

~~(c)~~ For the purposes of sections 5124.153 and 5124.154 of the	33575
Revised Code, specifying additional diagnoses and special care	33576
needs that individuals must have to meet the criteria for	33577
admission to designated outlier ICFs/IID or units;	33578

~~(d)~~(c) Sources of funding for, or mechanisms to ensure the	33579
budget neutrality of, the additional diagnoses and special care	33580
needs studied under division (D)(1)(c) of this section.	33581

(2) Not later than March 31, 2014, the Director shall adopt	33582
rules under section 5124.03 of the Revised Code to do both of the	33583
following:	33584

(a) Prescribe the following:

33585

(i) If the Director and the organizations with which the	33586
Director consults under division (D)(1) of this section agree, not	33587
later than December 31, 2013, to the terms of a new grouper	33588
methodology to be used when determining ICFs/IID's case-mix scores	33589
for fiscal year 2015, a new methodology that is consistent with	33590
those terms;	33591

(ii) If division (D)(2)(a)(i) of this section does not apply,	33592
a new grouper methodology that provides for six classes based on	33593
data available to the Director on the day immediately before the	33594
effective date of this section.	33595

(b) Specify additional diagnoses and special care needs that	33596
individuals must have to meet the criteria for admission to	33597
designated outlier ICFs/IID or units for the purposes of Medicaid	33598
payment rates under sections 5124.153 and 5124.154 of the Revised	33599
Code.	33600

(3) ~~If the~~The Director and the organizations with which the	33601
Director consults under ~~divisions~~division (D)(1) of this section	33602
~~agree that the amounts specified in divisions~~shall jointly	33603
determine the amount of the maximum cost per case-mix unit to be	33604
used under division (C)(2)(b)~~(i) and (ii)~~ of this section ~~are not~~	33605
~~set at levels that will avoid or minimize~~. To the extent possible,	33606
the amount so determined shall do both of the following:	33607

(a) Avoid rate ~~reductions~~adjustments under division (E) of	33608
this section~~, the Director and organizations shall recommend, not~~	33609
~~later than March 31, 2014, that the General Assembly amend this~~	33610
~~section to revise the amounts. It is the General Assembly's intent~~	33611
~~to amend this section to revise the amounts specified in divisions~~	33612
~~(C)(2)(b)(i) and (ii) of this section if the Director and~~	33613
~~organizations recommend that the amounts be revised~~;	33614

(b) Result in payment of all desk-reviewed, actual, allowable	33615
direct care costs for the same percentage of Medicaid days for	33616
ICFs/IID in peer group 1 as for ICFs/IID in peer group 2 as of	33617
July 1, 2014, based on May 2014 Medicaid days.	33618

(E) If the mean total per diem rate for all ICFs/IID to which	33619
this section applies, weighted by May 2014 Medicaid days and	33620
determined under division (C) of this section as of July 1, 2014,	33621
is other than $282.77, the Department of Developmental	33622
Disabilities shall adjust, for fiscal year 2015, the total per	33623
diem rate for each ICF/IID to which this section applies by a	33624
percentage that is equal to the percentage by which the mean total	33625
per diem rate is greater or less than $282.77.	33626

(F) If the United States Centers for Medicare and Medicaid	33627
Services requires that the franchise permit fee be reduced or	33628
eliminated, the Department of Developmental Disabilities shall	33629
reduce the amount it pays ICF/IID providers under this section as	33630
necessary to reflect the loss to the state of the revenue and	33631
federal financial participation generated from the franchise	33632
permit fee.	33633

(G) The Department of Developmental Disabilities shall follow	33634
this section in determining the rate to be paid ICF/IID providers	33635
subject to this section notwithstanding anything to the contrary	33636
in Chapter 5124. of the Revised Code.	33637

(H) Of the foregoing appropriation items 653407, Medicaid	33638
Services, 653606, ICF/IID and Waiver Match, and 653653, ICF/IID,	33639
portions shall be used to pay the Medicaid payment rates	33640
determined in accordance with this section for ICF/IID services	33641
provided during fiscal year 2015.	33642

Sec. 263.10. EDU DEPARTMENT OF EDUCATION

33643

General Revenue Fund	33644

GRF	200321	Operating Expenses	$	13,142,780	$	13,142,780	33645
GRF	200408	Early Childhood Education	$	33,318,341	$	45,318,341	33646
GRF	200420	Information Technology Development and Support	$	4,241,296	$	4,241,296	33647
GRF	200421	Alternative Education Programs	$	7,403,998	$	~~7,403,998~~ 12,403,998	33648
GRF	200422	School Management Assistance	$	3,000,000	$	3,000,000	33649
GRF	200424	Policy Analysis	$	328,558	$	328,558	33650
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	33651
GRF	200426	Ohio Educational Computer Network	$	29,625,569	$	19,625,569	33652
GRF	200427	Academic Standards	$	3,800,000	$	3,800,000	33653
GRF	200437	Student Assessment	$	55,895,000	$	75,895,000	33654
GRF	200439	Accountability/Report Cards	$	3,500,000	$	3,750,000	33655
GRF	200442	Child Care Licensing	$	827,140	$	827,140	33656
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	33657
GRF	200447	GED Testing	$	879,551	$	879,551	33658
GRF	200448	Educator Preparation	$	1,136,737	$	1,564,237	33659
GRF	200455	Community Schools and Choice Programs	$	2,438,685	$	2,491,395	33660
GRF	200464	General Technology Operations	$	192,097	$	192,097	33661
GRF	200465	Technology Integration and Professional Development	$	1,778,879	$	1,778,879	33662
GRF	200502	Pupil Transportation	$	505,013,527	$	521,013,527	33663
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	33664
GRF	200511	Auxiliary Services	$	130,499,457	$	138,214,374	33665
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	58,951,750	$	62,436,882	33666
GRF	200540	Special Education Enhancements	$	156,871,292	$	157,871,292	33667
GRF	200545	Career-Technical Education Enhancements	$	9,372,999	$	9,372,999	33668
GRF	200550	Foundation Funding	$	5,808,098,389	$	6,151,463,768	33669
GRF	200566	Literacy Improvement	$	150,000	$	150,000	33670
GRF	200901	Property Tax Allocation - Education	$	~~1,138,800,000~~ 1,126,800,000	$	~~1,156,402,000~~ 1,146,402,000	33671
TOTAL GRF General Revenue Fund			$	~~7,985,459,657~~ 7,973,459,657	$	~~8,397,357,295~~ 8,392,357,295	33672

General Services Fund Group	33673

1380	200606	Information Technology Development and Support	$	6,850,090	$	6,850,090	33674
4520	200638	Fees and Refunds	$	500,000	$	500,000	33675
4L20	200681	Teacher Certification and Licensure	$	8,313,762	$	13,658,274	33676
5960	200656	Ohio Career Information System	$	529,761	$	529,761	33677
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	33678
5JC0	200654	Adult Career Opportunity Pilot Program	$	0	$	2,500,000	33679
5KX0	200691	Ohio School Sponsorship Program	$	487,419	$	487,419	33680
5KY0	200693	Community Schools Temporary Sponsorship	$	83,000	$	83,000	33681
TOTAL GSF General Services							33682
Fund Group			$	41,764,032	$	~~47,108,544~~ 49,608,544	33683

Federal Special Revenue Fund Group	33684

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	33685
3670	200607	School Food Services	$	8,200,664	$	8,700,149	33686
3700	200624	Education of Exceptional Children	$	1,530,000	$	1,530,000	33687
3AF0	200603	Schools Medicaid Administrative Claims	$	750,000	$	750,000	33688
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	33689
3BK0	200628	Longitudinal Data Systems	$	1,250,000	$	0	33690
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	33691
3CG0	200646	Teacher Incentive	$	15,125,588	$	15,183,285	33692
3D20	200667	Math Science Partnerships	$	6,000,000	$	6,000,000	33693
3EC0	200653	Teacher Incentive - Federal Stimulus	$	1,300,000	$	0	33694
3EH0	200620	Migrant Education	$	2,900,000	$	2,900,000	33695
3EJ0	200622	Homeless Children Education	$	2,600,000	$	2,600,000	33696
3EK0	200637	Advanced Placement	$	450,000	$	450,000	33697
3EN0	200655	State Data Systems - Federal Stimulus	$	1,250,000	$	0	33698
3FD0	200665	Race to the Top	$	136,000,000	$	58,074,046	33699
3FN0	200672	Early Learning Challenge - Race to the Top	$	7,040,000	$	7,040,000	33700
3GE0	200674	Summer Food Service Program	$	13,596,000	$	14,003,800	33701
3GF0	200675	Miscellaneous Nutrition Grants	$	700,000	$	700,000	33702
3GG0	200676	Fresh Fruit and Vegetable Program	$	4,738,000	$	4,880,140	33703
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	33704
3L60	200617	Federal School Lunch	$	350,608,075	$	361,126,273	33705
3L70	200618	Federal School Breakfast	$	108,480,590	$	112,819,813	33706
3L80	200619	Child/Adult Food Programs	$	106,992,650	$	110,202,428	33707
3L90	200621	Career-Technical Education Basic Grant	$	44,663,900	$	44,663,900	33708
3M00	200623	ESEA Title 1A	$	560,000,000	$	560,000,000	33709
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	33710
3T40	200613	Public Charter Schools	$	500,000	$	0	33711
3Y20	200688	21st Century Community Learning Centers	$	48,201,810	$	50,611,900	33712
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	33713
3Y70	200689	English Language Acquisition	$	9,700,000	$	9,700,000	33714
3Y80	200639	Rural and Low Income Technical Assistance	$	3,300,000	$	3,300,000	33715
3Z20	200690	State Assessments	$	11,800,000	$	11,800,000	33716
3Z30	200645	Consolidated Federal Grant Administration	$	7,949,280	$	7,949,280	33717
TOTAL FED Federal Special							33718
Revenue Fund Group			$	2,038,044,998	$	1,977,403,455	33719

State Special Revenue Fund Group	33720

4540	200610	GED Testing	$	1,050,000	$	250,000	33721
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	33722
4R70	200695	Indirect Operational Support	$	6,600,000	$	6,600,000	33723
4V70	200633	Interagency Program Support	$	717,725	$	717,725	33724
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	33725
5BJ0	200626	Half-Mill Maintenance Equalization	$	19,000,000	$	20,000,000	33726
5MM0	200677	Child Nutrition Refunds	$	500,000	$	500,000	33727
5T30	200668	Gates Foundation Grants	$	200,000	$	153,000	33728
5U20	200685	National Education Statistics	$	300,000	$	300,000	33729
6200	200615	Educational Improvement Grants	$	300,000	$	300,000	33730
TOTAL SSR State Special Revenue							33731
Fund Group			$	53,996,635	$	54,149,635	33732

Lottery Profits Education Fund Group	33733

7017	200612	Foundation Funding	$	775,500,000	$	~~853,000,000~~ 857,700,000	33734
7017	200629	Career Advising and Mentoring	$	0	$	10,000,000	33735
7017	200648	Straight A Fund	$	100,000,000	$	150,000,000	33736
7017	200666	EdChoice Expansion	$	~~8,500,000~~ 3,800,000	$	17,000,000	33737
7017	200684	Community School Facilities	$	7,500,000	$	7,500,000	33738
TOTAL LPE Lottery Profits							33739
Education Fund Group			$	~~891,500,000~~ 886,800,000	$	~~1,027,500,000~~ 1,042,200,000	33740

Revenue Distribution Fund Group	33741

7047	200909	School District Property Tax Replacement-Business	$	482,000,000	$	482,000,000	33742
7053	200900	School District Property Tax Replacement-Utility	$	28,000,000	$	28,000,000	33743
TOTAL RDF Revenue Distribution							33744
Fund Group			$	510,000,000	$	510,000,000	33745
TOTAL ALL BUDGET FUND GROUPS			$	~~11,520,765,322~~ 11,504,065,322	$	~~12,013,518,929~~ 12,025,718,929	33746

Sec. 263.40. ALTERNATIVE EDUCATION PROGRAMS

33748

Of the foregoing appropriation item 200421, Alternative	33749
Education Programs, up to $5,000,000 in fiscal year 2015 shall be	33750
used to make payments under sections 3314.38, 3317.23, 3317.24,	33751
and 3345.86 of the Revised Code as enacted by this act.	33752

The ~~foregoing~~remainder of appropriation item 200421,	33753
Alternative Education Programs, shall be used for the renewal of	33754
successful implementation grants and for competitive matching	33755
grants to school districts for alternative educational programs	33756
for existing and new at-risk and delinquent youth. Programs shall	33757
be focused on youth in one or more of the following categories:	33758
those who have been expelled or suspended, those who have dropped	33759
out of school or who are at risk of dropping out of school, those	33760
who are habitually truant or disruptive, or those on probation or	33761
on parole from a Department of Youth Services facility. Grants	33762
shall be awarded only to programs in which the grant will not	33763
serve as the program's primary source of funding. These grants	33764
shall be administered by the Department of Education.	33765

The Department of Education may waive compliance with any	33766
minimum education standard established under section 3301.07 of	33767
the Revised Code for any alternative school that receives a grant	33768
under this section on the grounds that the waiver will enable the	33769
program to more effectively educate students enrolled in the	33770
alternative school.	33771

Of the foregoing appropriation item 200421, Alternative	33772
Education Programs, a portion may be used for program	33773
administration, monitoring, technical assistance, support,	33774
research, and evaluation.	33775

Sec. 263.230. FOUNDATION FUNDING

33776

Of the foregoing appropriation item 200550, Foundation	33777
Funding, up to $675,000 in fiscal year 2014 shall be used to	33778
support the work of the College of Education and Human Ecology at	33779
the Ohio State University in reviewing and assessing the alignment	33780
of courses offered through the distance learning clearinghouse	33781
established in sections 3333.81 to 3333.88 of the Revised Code	33782
with the academic content standards adopted under division (A) of	33783
section 3301.079 of the Revised Code.	33784

Of the foregoing appropriation item 200550, Foundation	33785
Funding, up to $40,000,000 in each fiscal year shall be used to	33786
provide additional state aid to school districts, joint vocational	33787
school districts, community schools, and STEM schools for special	33788
education students under division (C)(3) of section 3314.08,	33789
section 3317.0214, division (B) of section 3317.16, and section	33790
3326.34 of the Revised Code, except that the Controlling Board may	33791
increase these amounts if presented with such a request from the	33792
Department of Education at the final meeting of the fiscal year.	33793

Of the foregoing appropriation item 200550, Foundation	33794
Funding, up to $2,000,000 in each fiscal year shall be reserved	33795
for Youth Services tuition payments under section 3317.024 of the	33796
Revised Code.	33797

Of the foregoing appropriation item 200550, Foundation	33798
Funding, up to $3,800,000 in each fiscal year shall be used to	33799
fund gifted education at educational service centers. The	33800
Department shall distribute the funding through the unit-based	33801
funding methodology in place under division (L) of section	33802
3317.024, division (E) of section 3317.05, and divisions (A), (B),	33803
and (C) of section 3317.053 of the Revised Code as they existed	33804
prior to fiscal year 2010.	33805

Of the foregoing appropriation item 200550, Foundation	33806
Funding, up to $43,500,000 in fiscal year 2014 and up to	33807
$40,000,000 in fiscal year 2015 shall be reserved to fund the	33808
state reimbursement of educational service centers under the	33809
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	33810
entitled "EDUCATIONAL SERVICE CENTERS FUNDING"; and up to	33811
$3,500,000 in each fiscal year shall be distributed to educational	33812
service centers for School Improvement Initiatives and, in	33813
consultation with the Governor's Director of 21st Century	33814
Education, for the provision of technical assistance as required	33815
by the Elementary and Secondary Education Act Flexibility waivers	33816
approved for Ohio by the United States Department of Education.	33817
Educational service centers shall be required to support districts	33818
in the development and implementation of their continuous	33819
improvement plans as required in section 3302.04 of the Revised	33820
Code and to provide technical assistance and support in accordance	33821
with Title I of the "No Child Left Behind Act of 2001," 115 Stat.	33822
1425, 20 U.S.C. 6317, as administered pursuant to the Elementary	33823
and Secondary Education Act Flexibility waivers approved for Ohio	33824
by the United States Department of Education.	33825

Of the foregoing appropriation item 200550, Foundation	33826
Funding, up to $20,000,000 in each fiscal year shall be reserved	33827
for payments under sections 3317.026, 3317.027, and 3317.028 of	33828
the Revised Code. If this amount is not sufficient, the Department	33829
of Education shall prorate the payment amounts so that the	33830
aggregate amount allocated in this paragraph is not exceeded.	33831

Of the foregoing appropriation item 200550, Foundation	33832
Funding, up to $2,000,000 in each fiscal year shall be used to pay	33833
career-technical planning districts for the amounts reimbursed to	33834
students, as prescribed in this paragraph. Each career-technical	33835
planning district shall reimburse individuals taking the online	33836
General Educational Development (GED) test for the first time for	33837
application/test fees in excess of $40. Each career-technical	33838
planning district shall designate a site or sites where	33839
individuals may register and take the exam. For each individual	33840
that registers for the exam, the career-technical planning	33841
district shall make available and offer career counseling	33842
services, including information on adult education programs that	33843
are available. Any remaining funds in each fiscal year shall be	33844
reimbursed to the Department of Youth Services and the Department	33845
of Rehabilitation and Correction for individuals in these	33846
facilities who have taken the GED for the first time. The amounts	33847
reimbursed shall not exceed the per-individual amounts reimbursed	33848
to other individuals under this section for each section of the	33849
GED.	33850

Of the foregoing appropriation item 200550, Foundation	33851
Funding, up to $410,000 in each fiscal year shall be used to pay	33852
career-technical planning districts $500 for each student that	33853
receives a journeyman certification, as recognized by the United	33854
States Department of Labor.	33855

Of the foregoing appropriation item 200550, Foundation	33856
Funding, up to $18,713,327 in ~~each~~ fiscal year 2014 and up to	33857
$26,213,327 in fiscal year 2015 shall be used to support school	33858
choice programs.	33859

Of the portion of the funds distributed to the Cleveland	33860
Municipal School District under this section, up to $11,901,887 in	33861
each fiscal year shall be used to operate the school choice	33862
program in the Cleveland Municipal School District under sections	33863
3313.974 to 3313.979 of the Revised Code. Notwithstanding	33864
divisions (B) and (C) of section 3313.978 and division (C) of	33865
section 3313.979 of the Revised Code, up to $1,000,000 in each	33866
fiscal year of this amount shall be used by the Cleveland	33867
Municipal School District to provide tutorial assistance as	33868
provided in division (H) of section 3313.974 of the Revised Code.	33869
The Cleveland Municipal School District shall report the use of	33870
these funds in the district's three-year continuous improvement	33871
plan as described in section 3302.04 of the Revised Code in a	33872
manner approved by the Department of Education.	33873

Of the foregoing appropriation item 200550, Foundation	33874
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay	33875
college-preparatory boarding schools the per pupil boarding amount	33876
pursuant to section 3328.34 of the Revised Code.	33877

Of the foregoing appropriation item 200550, Foundation	33878
Funding, up to $500,000 in each fiscal year shall be used to	33879
support Jobs for Ohio's Graduates.	33880

Of the foregoing appropriation item 200550, Foundation	33881
Funding, up to $250,000 in fiscal year 2015 may be used for	33882
payment of the Post-Secondary Enrollment Options Program for	33883
students instructed at home pursuant to section 3321.04 of the	33884
Revised Code.	33885

Of the foregoing appropriation item 200550, Foundation	33886
Funding, up to $5,000,000 in fiscal year 2014 shall be used to	33887
reimburse school districts for the full amount deducted in that	33888
year under section 3310.55 of the Revised Code for Jon Peterson	33889
Scholarships awarded under sections 3310.51 to 3310.64 of the	33890
Revised Code to students who did not attend a public school in	33891
their resident district in the previous school year. If this	33892
amount is not sufficient, the Department of Education shall	33893
prorate the payment amounts so that the aggregate amount	33894
appropriated in this paragraph is not exceeded.	33895

Of the foregoing appropriation item 200550, Foundation	33896
Funding, an amount shall be available in each fiscal year to be	33897
paid to joint vocational school districts in accordance with	33898
division (A) of section 3317.16 of the Revised Code and the	33899
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	33900
entitled "TEMPORARY TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL	33901
DISTRICTS."	33902

Of the foregoing appropriation item 200550, Foundation	33903
Funding, up to $700,000 in each fiscal year shall be used by the	33904
Department of Education for a program to pay for educational	33905
services for youth who have been assigned by a juvenile court or	33906
other authorized agency to any of the facilities described in	33907
division (A) of the section of ~~this act~~Am. Sub. H.B. 59 of the	33908
130th General Assembly entitled "PRIVATE TREATMENT FACILITY	33909
PROJECT."	33910

Of the foregoing appropriation item 200550, Foundation	33911
Funding, up to $675,000 in fiscal year 2015 shall be used to	33912
provide grants on a competitive basis to public and chartered	33913
nonpublic schools for their participation in the electronic	33914
textbook pilot project. These funds shall be administered as	33915
provided under the section of ~~this act~~Am. Sub. H.B. 59 of the	33916
130th General Assembly entitled ELECTRONIC TEXTBOOK PILOT PROJECT.	33917

Of the foregoing appropriation item 200550, Foundation	33918
Funding, up to $500,000 in fiscal year 2014 and up to $3,000,000	33919
in fiscal year 2015 shall be used for the New Leaders for Ohio	33920
Schools Pilot Project in accordance with Section 733.40 of ~~this~~	33921
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly.	33922

The remainder of appropriation item 200550, Foundation	33923
Funding, shall be used to distribute the amounts calculated for	33924
formula aid under section 3317.022 of the Revised Code and the	33925
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	33926
entitled "TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED	33927
VILLAGE SCHOOL DISTRICTS."	33928

Appropriation items 200502, Pupil Transportation, 200540,	33929
Special Education Enhancements, and 200550, Foundation Funding,	33930
other than specific set-asides, are collectively used in each	33931
fiscal year to pay state formula aid obligations for school	33932
districts, community schools, STEM schools, college preparatory	33933
boarding schools, and joint vocational school districts under ~~this~~	33934
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly. The first	33935
priority of these appropriation items, with the exception of	33936
specific set-asides, is to fund state formula aid obligations. It	33937
may be necessary to reallocate funds among these appropriation	33938
items or use excess funds from other general revenue fund	33939
appropriation items in the Department of Education's budget in	33940
each fiscal year, in order to meet state formula aid obligations.	33941
If it is determined that it is necessary to transfer funds among	33942
these appropriation items or to transfer funds from other General	33943
Revenue Fund appropriations in the Department of Education's	33944
budget to meet state formula aid obligations, the Department of	33945
Education shall seek approval from the Controlling Board to	33946
transfer funds as needed.	33947

The Superintendent of Public Instruction shall make payments,	33948
transfers, and deductions, as authorized by Title XXXIII of the	33949
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and	33950
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in	33951
amounts substantially equal to those made in the prior year, or	33952
otherwise, at the discretion of the Superintendent, until at least	33953
the effective date of the amendments and enactments made to Title	33954
XXXIII by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly.	33955
If a new school district, community school, or STEM school opens	33956
prior to the effective date of ~~this act~~Am. Sub. H.B. 59 of the	33957
130th General Assembly, the Department of Education shall pay to	33958
the district or school an amount of $5,000 per pupil, based upon	33959
the estimated number of students that the district or school is	33960
expected to serve. Any funds paid to districts or schools under	33961
this section shall be credited toward the annual funds calculated	33962
for the district or school after the changes made to Title XXXIII	33963
in ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly are	33964
effective. Upon the effective date of changes made to Title XXXIII	33965
in ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, funds	33966
shall be calculated as an annual amount.	33967

Sec. 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND	33968
EXEMPTED VILLAGE SCHOOL DISTRICTS	33969

The Department of Education shall distribute funds within	33970
appropriation item 200550, Foundation Funding, for temporary	33971
transitional aid in each fiscal year to each qualifying city,	33972
local, and exempted village school district.	33973

(A) For fiscal years 2014 and 2015, the Department shall pay	33974
temporary transitional aid to each city, local, or exempted	33975
village school district that experiences any decrease in its state	33976
foundation funding for the current fiscal year from its	33977
transitional aid guarantee base. The amount of the temporary	33978
transitional aid payment shall equal the difference between its	33979
foundation funding for the current fiscal year and its	33980
transitional aid guarantee base. If the computation made under	33981
this division results in a negative number, the district's funding	33982
under this division shall be zero.	33983

(1) As used in this section, foundation funding for each	33984
city, local, and exempted village school district for a given	33985
fiscal year equals the sum of the amount calculated for the	33986
district under section 3317.022 of the Revised Code, as re-enacted	33987
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, and	33988
the amounts calculated for the district under divisions (G)(1) and	33989
(2) of section 3317.0212 of the Revised Code, as amended by ~~this~~	33990
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly, for that	33991
fiscal year.	33992

(2) The transitional aid guarantee base for each city, local,	33993
and exempted village school district equals the sum of the amounts	33994
computed for the district for fiscal year 2013, under Sections	33995
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the	33996
129th General Assembly. The Department of Education shall adjust,	33997
as necessary, the transitional aid guarantee base of any local	33998
school district that participates in the establishment of a joint	33999
vocational school district that begins receiving payments under	34000
section 3317.16 of the Revised Code, as re-enacted by ~~this act~~Am.	34001
Sub. H.B. 59 of the 130th General Assembly, for fiscal year 2014	34002
or fiscal year 2015, but does not receive payments under Section	34003
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, for	34004
fiscal year 2013. The Department shall adjust any such local	34005
school district's guarantee base according to the amounts received	34006
by the district in fiscal year 2013 for career-technical education	34007
students who attend the newly established joint vocational school	34008
district in fiscal year 2014 or fiscal year 2015.	34009

(B)(1) Notwithstanding section 3317.022 of the Revised Code,	34010
as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	34011
Assembly, in fiscal year 2014, no city, local, or exempted village	34012
school district shall be allocated foundation funding that is	34013
greater than 1.0625 times the district's transitional aid	34014
guarantee base.	34015

(2) Notwithstanding section 3317.022 of the Revised Code, as	34016
re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	34017
Assembly, in fiscal year 2015, no city, local, or exempted village	34018
school district shall be allocated foundation funding that is	34019
greater than 1.105 times the district's fiscal year 2014 base,	34020
which is the amount computed for foundation funding for the	34021
district for fiscal year 2014 plus any amount calculated for	34022
temporary transitional aid for fiscal year 2014 under division (A)	34023
of this section and after any reductions made for fiscal year 2014	34024
under division (B)(1) of this section. The Department shall	34025
adjust, as necessary, the fiscal year 2014 base of any local	34026
school district that participates in the establishment of a joint	34027
vocational school district that begins receiving payments under	34028
section 3317.16 of the Revised Code for fiscal year 2015, but does	34029
not receive such payments for fiscal year 2014. The Department	34030
shall adjust any such local school district's fiscal year 2014	34031
base according to the amounts received by the district in fiscal	34032
year 2014 for career-technical education students who attend the	34033
newly established joint vocational school district in fiscal year	34034
2015.	34035

(3) The Department shall reduce a district's payments under	34036
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022	34037
of the Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of	34038
the 130th General Assembly, and divisions (G)(1) and (2) of	34039
section 3317.0212 of the Revised Code, as amended by ~~this act~~Am.	34040
Sub. H.B. 59 of the 130th General Assembly, proportionately as	34041
necessary in order to comply with this division. If those amounts	34042
are insufficient, the Department shall proportionately reduce a	34043
district's payments under divisions (A)(3), (8), and (9) of	34044
section 3317.022 of the Revised Code, as re-enacted by ~~this act~~	34045
Am. Sub. H.B. 59 of the 130th General Assembly.	34046

Sec. 263.250. TEMPORARY TRANSITIONAL AID FOR JOINT	34047
VOCATIONAL SCHOOL DISTRICTS	34048

The Department of Education shall distribute funds within	34049
appropriation item 200550, Foundation Funding, for temporary	34050
transitional aid in each fiscal year to each qualifying joint	34051
vocational school district.	34052

(A) For fiscal years 2014 and 2015, the Department shall pay	34053
temporary transitional aid to each joint vocational school	34054
district that experiences any decrease in its state core	34055
foundation funding under division (A) of section 3317.16 of the	34056
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	34057
130th General Assembly, for the current fiscal year from its	34058
transitional aid guarantee base. The amount of the temporary	34059
transitional aid payment shall equal the difference between the	34060
district's funding under division (A) of section 3317.16 of the	34061
Revised Code for the current fiscal year and its transitional aid	34062
guarantee base. If the computation made under this division	34063
results in a negative number, the district's funding under this	34064
division shall be zero.	34065

The transitional aid guarantee base for each joint vocational	34066
school district equals the amount computed for the district for	34067
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of	34068
the 129th General Assembly. The Department of Education shall	34069
establish, as necessary, the transitional aid guarantee base of	34070
any joint vocational school district that begins receiving	34071
payments under section 3317.16 of the Revised Code, as re-enacted	34072
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, for	34073
fiscal year 2014 or fiscal year 2015, but does not receive	34074
payments under Section 267.30.60 of Am. Sub. H.B. 153 of the 129th	34075
General Assembly, for fiscal year 2013. The Department shall	34076
establish any such joint vocational school district's guarantee	34077
base as an amount equal to the absolute value of the sum of the	34078
associated adjustments of any local school districts' guarantee	34079
bases under Section 263.240 of ~~this act~~Am. Sub. H.B. 59 of the	34080
130th General Assembly.	34081

(B)(1) Notwithstanding division (A) of section 3317.16 of the	34082
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	34083
130th General Assembly, in fiscal year 2014, no joint vocational	34084
school district shall be allocated state core foundation funding,	34085
as computed under division (A) of section 3317.16 of the Revised	34086
Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th	34087
General Assembly, that is greater than 1.0625 times the district's	34088
transitional aid guarantee base.	34089

(2) Notwithstanding division (A) of section 3317.16 of the	34090
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	34091
130th General Assembly, in fiscal year 2015, no joint vocational	34092
school district shall be allocated state core foundation funding,	34093
under division (A) of section 3317.16 of the Revised Code, as	34094
re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	34095
Assembly, that is greater than 1.105 times the district's fiscal	34096
year 2014 base, which is the amount computed for state core	34097
foundation funding for the district for fiscal year 2014 under	34098
division (A) of section 3317.16 of the Revised Code, as re-enacted	34099
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, plus	34100
any amount calculated for temporary transitional aid for fiscal	34101
year 2014 under division (A) of this section and after any	34102
reductions made for fiscal year 2014 under division (B)(1) of this	34103
section. The Department shall establish, as necessary, the fiscal	34104
year 2014 base of any joint vocational school district that begins	34105
receiving payments under section 3317.16 of the Revised Code for	34106
fiscal year 2015, but does not receive such payments for fiscal	34107
year 2014. The Department shall establish any such joint	34108
vocational school district's fiscal year 2014 base as an amount	34109
equal to the absolute value of the sum of the associated	34110
adjustments of any local school district's fiscal year 2014 base	34111
under division (B)(2) of Section 263.240 of Am. Sub. H.B. 59 of	34112
the 130th General Assembly.	34113

(3) The Department shall reduce a district's payments under	34114
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised	34115
Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th	34116
General Assembly, proportionately as necessary in order to comply	34117
with this division. If those amounts are insufficient, the	34118
Department shall proportionately reduce a district's payments	34119
under divisions (A)(2), (5), and (6) of section 3317.16 of the	34120
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	34121
130th General Assembly.	34122

Sec. 263.270. TEACHER CERTIFICATION AND LICENSURE

34123

The foregoing appropriation item 200681, Teacher	34124
Certification and Licensure, shall be used by the Department of	34125
Education in each year of the biennium to administer and support	34126
teacher certification and licensure activities.	34127

SCHOOL DISTRICT SOLVENCY ASSISTANCE

34128

(A) Of the foregoing appropriation item 200687, School	34129
District Solvency Assistance, $20,000,000 in each fiscal year	34130
shall be allocated to the School District Shared Resource Account	34131
and $5,000,000 in each fiscal year shall be allocated to the	34132
Catastrophic Expenditures Account. These funds shall be used to	34133
provide assistance and grants to school districts to enable them	34134
to remain solvent under section 3316.20 of the Revised Code.	34135
Assistance and grants shall be subject to approval by the	34136
Controlling Board. Except as provided under division (C) of this	34137
section, any required reimbursements from school districts for	34138
solvency assistance shall be made to the appropriate account in	34139
the School District Solvency Assistance Fund (Fund 5H30).	34140

(B) Notwithstanding any provision of law to the contrary,	34141
upon the request of the Superintendent of Public Instruction, the	34142
Director of Budget and Management may make transfers to the School	34143
District Solvency Assistance Fund (Fund 5H30) from any fund used	34144
by the Department of Education or the General Revenue Fund to	34145
maintain sufficient cash balances in Fund 5H30 in fiscal years	34146
2014 and 2015. Any cash transferred is hereby appropriated. The	34147
transferred cash may be used by the Department of Education to	34148
provide assistance and grants to school districts to enable them	34149
to remain solvent and to pay unforeseeable expenses of a temporary	34150
or emergency nature that the school district is unable to pay from	34151
existing resources. The Director of Budget and Management shall	34152
notify the members of the Controlling Board of any such transfers.	34153

(C) If the cash balance of the School District Solvency	34154
Assistance Fund (Fund 5H30) is insufficient to pay solvency	34155
assistance in fiscal years 2014 and 2015, at the request of the	34156
Superintendent of Public Instruction, and with the approval of the	34157
Controlling Board, the Director of Budget and Management may	34158
transfer cash from the Lottery Profits Education Reserve Fund	34159
(Fund 7018) to Fund 5H30 to provide assistance and grants to	34160
school districts to enable them to remain solvent and to pay	34161
unforeseeable expenses of a temporary nature that they are unable	34162
to pay from existing resources under section 3316.20 of the	34163
Revised Code. Such transfers are hereby appropriated to	34164
appropriation item 200670, School District Solvency Assistance –	34165
Lottery. Any required reimbursements from school districts for	34166
solvency assistance granted from appropriation item 200670, School	34167
District Solvency Assistance – Lottery, shall be made to Fund	34168
7018.	34169

ADULT CAREER OPPORTUNITY PILOT PROGRAM

34170

The foregoing appropriation item 200654, Adult Career	34171
Opportunity Pilot Program, shall be used by the Superintendent of	34172
Public Instruction to award and administer planning grants for the	34173
Adult Career Opportunity Pilot Program established in section	34174
3313.902 of the Revised Code. The Superintendent may award grants	34175
of up to $500,000 to not more than five eligible institutions. The	34176
grants shall be used by selected eligible institutions to build	34177
capacity to implement the program beginning in the 2015-2016	34178
academic year.	34179

The Superintendent of Public Instruction and the Chancellor,	34180
or their designees, shall develop an application process to award	34181
these grants to eligible institutions geographically dispersed	34182
across the state. Any remaining appropriation after providing	34183
grants to eligible institutions may be used to provide technical	34184
assistance to eligible institutions receiving the grant.	34185

The Superintendent, in consultation with the Chancellor, the	34186
Governor's Office of Workforce Transformation, the Ohio	34187
Association of Community Colleges, Ohio Technical Centers, Adult	34188
Basic and Literacy Education programs, and other interested	34189
parties as deemed necessary, or their designees, shall develop	34190
recommendations for the method of funding and other associated	34191
requirements for the Adult Career Opportunity Pilot Program. The	34192
Superintendent shall provide a report of the recommendations to	34193
the Governor, the President of the Senate, and the Speaker of the	34194
House of Representatives by December 31, 2014.	34195

As used in this section, "eligible institution" has the same	34196
meaning as in section 3313.902 of the Revised Code.	34197

Sec. 263.320. LOTTERY PROFITS EDUCATION FUND

34198

Appropriation item 200612, Foundation Funding (Fund 7017),	34199
shall be used in conjunction with appropriation item 200550,	34200
Foundation Funding (GRF), to provide state foundation payments to	34201
school districts.	34202

The Department of Education, with the approval of the	34203
Director of Budget and Management, shall determine the monthly	34204
distribution schedules of appropriation item 200550, Foundation	34205
Funding (GRF), and appropriation item 200612, Foundation Funding	34206
(Fund 7017). If adjustments to the monthly distribution schedule	34207
are necessary, the Department of Education shall make such	34208
adjustments with the approval of the Director of Budget and	34209
Management.	34210

CAREER ADVISING AND MENTORING PROGRAM

34211

The foregoing appropriation item 200629, Career Advising and	34212
Mentoring, shall be used by the State Superintendent of Public	34213
Instruction to create the Career Advising and Mentoring Grant	34214
Program. The Superintendent shall develop guidelines for the	34215
grants. The program shall award competitive matching grants to	34216
provide funding for local networks of volunteers and organizations	34217
to sponsor career advising and mentoring for students in eligible	34218
school districts. Each grant award shall match up to three times	34219
the funds allocated to the project by the local network. Eligible	34220
school districts are those with a high percentage of students in	34221
poverty, a high number of students not graduating on time, and	34222
other criteria as determined by the State Superintendent. Eligible	34223
school districts shall partner with members of the business	34224
community, civic organizations, or the faith-based community to	34225
provide sustainable career advising and mentoring services.	34226

STRAIGHT A FUND

34227

Of the foregoing appropriation item 200648, Straight A Fund,	34228
up to $70,000 in each fiscal year shall be used by Kids Unlimited	34229
of Toledo for quality after-school tutoring and mentoring programs	34230
in two elementary school buildings in Lucas County. The school	34231
buildings may include any community school, chartered nonpublic	34232
school, or building that is part of a city, local, or exempted	34233
village school district. Kids Unlimited of Toledo shall provide	34234
local matching funds equal to the set-aside.	34235

Of the foregoing appropriation item 200648, Straight A Fund,	34236
up to $250,000 in each fiscal year may be used to make competitive	34237
grants in accordance with Section 263.324 of this act.	34238

Of the foregoing appropriation item 200648, Straight A Fund,	34239
up to $6,000,000 in fiscal year 2014 shall be distributed to the	34240
Cleveland Municipal School District to be used, as determined by	34241
the Department of Education, to implement provisions of Am. Sub.	34242
H.B. 525 of the 129th General Assembly.	34243

Of the foregoing appropriation item 200648, Straight A Fund,	34244
up to $5,000,000 in each fiscal year shall be provided to school	34245
districts that meet the conditions prescribed in division (G)(3)	34246
of section 3317.0212 of the Revised Code to support innovations	34247
that improve the efficiency of pupil transportation. This may	34248
include, but is not limited to, the purchase of buses and other	34249
equipment. The Department of Education shall distribute these	34250
funds to districts based on each district's qualifying ridership	34251
as reported under division (B) of section 3317.0212 of the Revised	34252
Code.	34253

The remainder of appropriation item 200648, Straight A Fund,	34254
shall be used to make competitive grants in accordance with	34255
Section 263.325 of this act.	34256

EDCHOICE EXPANSION

34257

The foregoing appropriation item 200666, EdChoice Expansion,	34258
shall be used as follows:	34259

(A) In fiscal year 2014, notwithstanding section 3310.032 of	34260
the Revised Code, the Department of Education shall administer an	34261
expansion of the Educational Choice Scholarship program as	34262
follows:	34263

(1) A student is an "eligible student" for purposes of the	34264
expansion of the Educational Choice Scholarship Pilot Program	34265
under division (A) of this section if the student's resident	34266
district is not a school district in which the pilot project	34267
scholarship program is operating under sections 3313.974 to	34268
3313.979 of the Revised Code and the student's family income is at	34269
or below two hundred per cent of the federal poverty guidelines,	34270
as defined in section 5101.46 of the Revised Code.	34271

(2) The Department shall pay scholarships to attend chartered	34272
nonpublic schools in accordance with section 3310.08 of the	34273
Revised Code. The number of scholarships awarded under division	34274
(A) of this section shall not exceed the number that can be funded	34275
with appropriations made by the general assembly for this purpose.	34276

(3) Scholarships under division (A) of this section shall be	34277
awarded for the 2013-2014 school year, to eligible students who	34278
are entering kindergarten in that school year for the first time.	34279

(4) If the number of eligible students who apply for a	34280
scholarship exceeds the scholarships available based on the	34281
appropriation for division (A) of this section, the department	34282
shall award scholarships in the following order of priority:	34283

(a) First, to eligible students with family incomes at or	34284
below one hundred per cent of the federal poverty guidelines.	34285

(b) Second, to other eligible students who qualify under	34286
division (A) of this section. If the number of students described	34287
in division (A)(4)(b) of this section exceeds the number of	34288
available scholarships after awards are made under division	34289
(A)(4)(a) of this section, the department shall select students	34290
described in division (A)(4)(b) of this section by lot to receive	34291
any remaining scholarships.	34292

(5) A student who receives a scholarship under division (A)	34293
of this section remains an eligible student and may continue to	34294
receive scholarships under section 3310.032 of the Revised Code in	34295
subsequent school years until the student completes grade twelve,	34296
so long as the student satisfies the conditions specified in	34297
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	34298

Once a scholarship is awarded under this section, the student	34299
shall remain eligible for that scholarship for the current and	34300
subsequent school years, even if the student's family income rises	34301
above the amount specified in division (A) of section 3310.032 of	34302
the Revised Code, provided the student remains enrolled in a	34303
chartered nonpublic school.	34304

(B) In fiscal year 2015, to provide for the scholarships	34305
awarded under the expansion of the educational choice program	34306
established under section 3310.032 of the Revised Code. The number	34307
of scholarships awarded under the expansion of the educational	34308
choice program shall not exceed the number that can be funded with	34309
the appropriations made by the General Assembly for this purpose.	34310

COMMUNITY SCHOOL FACILITIES

34311

The foregoing appropriation item 200684, Community School	34312
Facilities, shall be used to pay each community school established	34313
under Chapter 3314. of the Revised Code that is not an internet-	34314
or computer-based community school and each STEM school	34315
established under Chapter 3326. of the Revised Code an amount	34316
equal to $100 for each full-time equivalent pupil for assistance	34317
with the cost associated with facilities. If the amount	34318
appropriated is not sufficient, the Department of Education shall	34319
prorate the amounts so that the aggregate amount appropriated is	34320
not exceeded.	34321

Sec. 263.325. (A) The Straight A Program is hereby created	34322
for fiscal years 2014 and 2015 to provide grants to city, local,	34323
exempted village, and joint vocational school districts,	34324
educational service centers, community schools established under	34325
Chapter 3314., STEM schools established under Chapter 3326.,	34326
college-preparatory boarding schools established under Chapter	34327
3328. of the Revised Code, individual school buildings, education	34328
consortia (which may represent a partnership among school	34329
districts, school buildings, community schools, or STEM schools),	34330
institutions of higher education, and private entities partnering	34331
with one or more of the educational entities identified in this	34332
division for projects that aim to achieve significant advancement	34333
in one or more of the following goals:	34334

(1) Student achievement;

34335

(2) Spending reduction in the five-year fiscal forecast	34336
required under section 5705.391 of the Revised Code;	34337

(3) Utilization of a greater share of resources in the	34338
classroom.	34339

(B)(1) Grants shall be awarded by a nine-member governing	34340
board consisting of the Superintendent of Public Instruction, or	34341
the Superintendent's designee, four members appointed by the	34342
Governor, two members appointed by the Speaker of the House of	34343
Representatives, and two members appointed by the President of the	34344
Senate. The Department of Education shall provide administrative	34345
support to the board. No member shall be compensated for the	34346
member's service on the board.	34347

(2) The board shall select grant advisors with fiscal	34348
expertise and education expertise. These advisors shall evaluate	34349
proposals from grant applicants and advise the staff administering	34350
the program. No advisor shall be compensated for this service.	34351

(3) The board shall issue an annual report to the Governor,	34352
the Speaker of the House of Representatives, the President of the	34353
Senate, and the chairpersons of the House and Senate committees	34354
that primarily deal with education regarding the types of grants	34355
awarded, the grant recipients, and the effectiveness of the grant	34356
program.	34357

(4) The board shall create a grant application and publish on	34358
the Department's web site the application and timeline for the	34359
submission, review, notification, and awarding of grant proposals.	34360

(5) With the approval of the board, the Department shall	34361
establish a system for evaluating and scoring the grant	34362
applications received under this section.	34363

(C) Each grant applicant shall submit a proposal that	34364
includes all of the following:	34365

(1) A description of the project for which the applicant is	34366
seeking a grant, including a description of how the project will	34367
have substantial value and lasting impact;	34368

(2) An explanation of how the project will be	34369
self-sustaining. If the project will result in increased ongoing	34370
spending, the applicant shall show how the spending will be offset	34371
by verifiable, credible, permanent spending reductions.	34372

(3) A description of quantifiable results of the project that	34373
can be benchmarked.	34374

If an education consortia described in division (A) of this	34375
section applies for a grant, the lead applicant shall be the	34376
school district, school building, community school, or STEM school	34377
that is a member of the consortia and shall so indicate on the	34378
grant application.	34379

(D)(1) Within seventy-five days after receiving a grant	34380
application, the board shall issue a decision on the application	34381
of "yes," "no," "hold," or "edit." In making its decision, the	34382
board shall consider whether the project has the capability of	34383
being replicated in other school districts and schools or creates	34384
something that can be used in other districts and schools. A grant	34385
awarded under this section to a school district, educational	34386
service center, community school, STEM school, college-preparatory	34387
boarding school, individual school building, institution of higher	34388
education, or private entity partnering with one or more of the	34389
educational entities identified in division (A) of this section	34390
shall not exceed $5,000,000 in each fiscal year. A grant awarded	34391
to an education consortia shall not exceed $15,000,000 in each	34392
fiscal year. The Superintendent of Public Instruction may make	34393
recommendations to the Controlling Board that these maximum	34394
amounts be exceeded. Upon Controlling Board approval, grants may	34395
be awarded in excess of these amounts.	34396

(2) If the board issues a "hold" or "edit" decision for an	34397
application, it shall, upon returning the application to the	34398
applicant, specify the process for reconsideration of the	34399
application. An applicant may work with the grant advisors and	34400
staff to modify or improve a grant application.	34401

(E) Upon deciding to award a grant to an applicant, the board	34402
shall enter into a grant agreement with the applicant that	34403
includes all of the following:	34404

(1) The content of the applicant's proposal as outlined under	34405
division (C) of this section;	34406

(2) The project's deliverables and a timetable for their	34407
completion;	34408

(3) Conditions for receiving grant funding;

34409

(4) Conditions for receiving funding in future years if the	34410
contract is a multi-year contract;	34411

(5) A provision specifying that funding will be returned to	34412
the board if the applicant fails to implement the agreement, as	34413
determined by the Auditor of State.	34414

(6) A provision specifying that the agreement may be amended	34415
by mutual agreement between the board and the applicant.	34416

(F) An advisory committee for the Straight A Program is	34417
hereby established. The committee shall consist of not more than	34418
eleven members appointed by the Governor that represent all areas	34419
of the state and different interests. The committee shall annually	34420
review the Straight A Program and provide strategic advice to the	34421
governing board and the Director of the Governor's Office of 21st	34422
Century Education.	34423

(G) Each grant awarded under this section shall be subject to	34424
approval by the Controlling Board prior to execution of the grant	34425
agreement.	34426

(H) Notwithstanding Section 503.50 of Am. Sub. H.B. 59 of the	34427
130th General Assembly, grants awarded under this section may be	34428
used by grant recipients for grant-related expenses incurred for a	34429
period not to exceed two years from the date of the award	34430
according to guidelines established by the Straight A Fund	34431
governing board.	34432

Sec. 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY

34433

General Revenue Fund	34434

GRF	715502		Auto Emissions e-Check Program		$	10,923,093		$	10,923,093		34435
TOTAL GRF General Revenue Fund					$	10,923,093		$	10,923,093		34436

General Services Fund Group	34437

1990	715602	Laboratory Services	$	252,153	$	326,029	34438
2190	715604	Central Support Indirect	$	10,255,680	$	10,255,680	34439
4A10	715640	Operating Expenses	$	2,600,000	$	2,602,000	34440
4D50	715618	Recycled State Materials	$	50,000	$	50,000	34441
TOTAL GSF General Services							34442
Fund Group			$	13,157,833	$	13,233,709	34443

Federal Special Revenue Fund Group	34444

3530	715612	Public Water Supply	$	2,562,578	$	2,474,605	34445
3540	715614	Hazardous Waste Management - Federal	$	4,088,383	$	4,088,383	34446
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	34447
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	34448
3BU0	715684	Water Quality Protection	$	16,205,000	$	15,280,000	34449
3CS0	715688	Federal NRD Settlements	$	200,000	$	200,000	34450
3F20	715630	Revolving Loan Fund - Operating	$	832,543	$	1,114,543	34451
3F30	715632	Federally Supported Cleanup and Response	$	3,012,021	$	3,012,991	34452
3FH0	715693	Diesel Emission Reduction Grants	$	10,000,000	$	~~10,000,000~~ 2,500,000	34453
3T30	715669	Drinking Water State Revolving Fund	$	2,609,198	$	2,824,076	34454
3V70	715606	Agencywide Grants	$	600,000	$	600,000	34455
TOTAL FED Federal Special Revenue							34456
Fund Group			$	46,531,800	$	~~46,016,675~~ 38,516,675	34457

State Special Revenue Fund Group	34458

4J00	715638	Underground Injection Control	$	389,126	$	402,697	34459
4K20	715648	Clean Air - Non Title V	$	3,165,400	$	3,237,450	34460
4K30	715649	Solid Waste	$	15,685,342	$	16,330,873	34461
4K40	715650	Surface Water Protection	$	6,993,800	$	7,688,800	34462
4K40	715686	Environmental Laboratory Services	$	2,096,007	$	2,096,007	34463
4K50	715651	Drinking Water Protection	$	6,316,772	$	6,476,011	34464
4P50	715654	Cozart Landfill	$	100,000	$	100,000	34465
4R50	715656	Scrap Tire Management	$	1,059,378	$	1,070,532	34466
4R90	715658	Voluntary Action Program	$	916,690	$	945,195	34467
4T30	715659	Clean Air - Title V Permit Program	$	14,528,885	$	15,080,366	34468
4U70	715660	Construction and Demolition Debris	$	335,000	$	335,000	34469
5000	715608	Immediate Removal Special Account	$	660,033	$	660,293	34470
5030	715621	Hazardous Waste Facility Management	$	7,615,403	$	8,224,041	34471
5050	715623	Hazardous Waste Cleanup	$	14,528,609	$	14,933,345	34472
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	34473
5320	715646	Recycling and Litter Control	$	4,514,500	$	4,535,500	34474
5410	715670	Site Specific Cleanup	$	1,548,101	$	1,548,101	34475
5420	715671	Risk Management Reporting	$	208,936	$	214,826	34476
5860	715637	Scrap Tire Market Development	$	1,497,645	$	1,497,645	34477
5BC0	715617	Clean Ohio	$	611,455	$	611,455	34478
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	34479
5BC0	715624	Surface Water	$	9,614,974	$	9,614,974	34480
5BC0	715672	Air Pollution Control	$	5,684,758	$	5,684,758	34481
5BC0	715673	Drinking and Ground Water	$	4,863,521	$	4,863,521	34482
5BC0	715676	Assistance and Prevention	$	695,069	$	695,069	34483
5BC0	715677	Laboratory	$	1,358,586	$	1,558,586	34484
5BC0	715678	Corrective Actions	$	705,423	$	705,423	34485
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	34486
5BC0	715692	Administration	$	10,582,627	$	10,582,627	34487
5BC0	715694	Environmental Resource Coordination	$	170,000	$	170,000	34488
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	34489
5CD0	715682	Clean Diesel School Buses	$	475,000	$	475,000	34490
5H40	715664	Groundwater Support	$	128,212	$	223,212	34491
5Y30	715685	Surface Water Improvement	$	1,800,000	$	1,800,000	34492
6440	715631	Emergency Response Radiological Safety	$	284,266	$	290,674	34493
6600	715629	Infectious Waste Management	$	88,764	$	88,764	34494
6760	715642	Water Pollution Control Loan Administration	$	3,921,605	$	3,921,605	34495
6780	715635	Air Toxic Release	$	133,636	$	133,636	34496
6790	715636	Emergency Planning	$	2,623,252	$	2,623,252	34497
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,125,000	34498
6990	715644	Water Pollution Control Administration	$	345,000	$	345,000	34499
6A10	715645	Environmental Education	$	1,350,000	$	1,350,000	34500
TOTAL SSR State Special Revenue Fund Group			$	131,755,659	$	135,299,122	34501

Clean Ohio Conservation Fund Group	34502

5S10	715607	Clean Ohio - Operating	$	284,124	$	284,124	34503
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,124	$	284,124	34504
TOTAL ALL BUDGET FUND GROUPS			$	202,652,509	$	~~205,756,723~~ 198,256,723	34505

AREAWIDE PLANNING AGENCIES

34506

The Director of Environmental Protection Agency may award	34507
grants from appropriation item 715687, Areawide Planning Agencies,	34508
to areawide planning agencies engaged in areawide water quality	34509
management and planning activities in accordance with Section 208	34510
of the "Federal Clean Water Act," 33 U.S.C. 1288.	34511

CASH TRANSFERS

34512

On July 1, 2013, or as soon as possible thereafter, the	34513
Director of Budget and Management may transfer up to $11,400,000	34514
cash from the Hazardous Waste Management Fund (Fund 5030) to the	34515
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and	34516
corrective action programs that were transferred to the Division	34517
of Environmental Response and Revitalization.	34518

On July 1, 2013, or as soon as possible thereafter, the	34519
Director of Environmental Protection shall certify to the Director	34520
of Budget and Management the cash balance in the Dredge and Fill	34521
Fund (Fund 5N20). The Director of Budget and Management shall	34522
transfer the certified amount from Fund 5N20 to the Surface Water	34523
Protection Fund (Fund 4K40). Any existing encumbrances against	34524
appropriation item 715613, Dredge and Fill, shall be canceled and	34525
reestablished against appropriation item 715650, Surface Water	34526
Protection. The reestablished encumbrance amounts are hereby	34527
appropriated and Fund 5N20 is abolished.	34528

Sec. 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION

34529

General Revenue Fund	34530

GRF	230401	Lease Rental Payments - Cultural Facilities	$	33,106,400	$	29,854,500	34531
GRF	230458	State Construction Management Services	$	2,495,751	$	2,245,751	34532
GRF	230908	Common Schools General Obligation Debt Service	$	~~351,806,100~~ 332,506,100	$	~~377,364,700~~ 358,364,700	34533
TOTAL GRF General Revenue Fund			$	~~387,408,251~~ 368,108,251	$	~~409,464,951~~ 390,464,951	34534

General Services Fund Group	34535

1310	230639		State Construction Management Operations		$	9,463,342		$	9,463,342		34536
TOTAL GSF General Services Fund Group					$	9,463,342		$	9,463,342		34537

State Special Revenue Fund Group	34538

4T80	230603	Community Project Administration	$	200,000	$	200,000	34539
5E30	230644	Operating Expenses	$	8,550,000	$	8,550,000	34540
TOTAL SSR State Special Revenue							34541
Fund Group			$	8,750,000	$	8,750,000	34542
TOTAL ALL BUDGET FUND GROUPS			$	~~405,621,593~~ 386,321,593	$	~~427,678,293~~ 408,678,293	34543

Sec. 282.30. COMMUNITY PROJECT ADMINISTRATION

34545

The foregoing appropriation item 230603, Community Project	34546
Administration, shall be used by the Ohio Facilities Construction	34547
Commission in administering Cultural and Sports Facilities	34548
Building Fund (Fund 7030) projects pursuant to section 123.201 of	34549
the Revised Code.	34550

TRANSFERS TO CULTURAL FACILITIES ADMINISTRATION FUND

34551

By the tenth day following each calendar quarter in each	34552
fiscal year, or as soon as possible thereafter, the Director of	34553
Budget and Management shall determine the amount of cash, if any,	34554
to be transferred from the Cultural and Sports Facilities Building	34555
Fund (Fund 7030) to the Cultural Facilities Administration Fund	34556
(Fund 4T80).	34557

As soon as possible after each bond issuance made on behalf	34558
of the Facilities Construction Commission, the Director of Budget	34559
and Management shall determine the amount of cash, if any, from	34560
the bond proceeds to be transferred, after all issuance costs have	34561
been paid, from Fund 7030 to Fund 4T80.	34562

Sec. 285.10. DOH DEPARTMENT OF HEALTH

34563

General Revenue Fund	34564

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	34565
GRF	440413	Local Health Departments	$	823,061	$	823,061	34566
GRF	440416	Mothers and Children Safety Net Services	$	4,428,015	$	4,428,015	34567
GRF	440418	Immunizations	$	8,825,829	$	8,825,829	34568
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	34569
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	34570
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	34571
GRF	440451	Public Health Laboratory	$	3,655,449	$	~~3,655,449~~ 4,305,449	34572
GRF	440452	Child and Family Health Services Match	$	630,444	$	630,444	34573
GRF	440453	Health Care Quality Assurance	$	4,874,361	$	4,874,361	34574
GRF	440454	Environmental Health	$	1,194,634	$	1,194,634	34575
GRF	440459	Help Me Grow	$	33,673,987	$	33,673,987	34576
GRF	440465	Federally Qualified Health Centers	$	2,686,688	$	2,686,688	34577
GRF	440467	Access to Dental Care	$	540,484	$	540,484	34578
GRF	440468	Chronic Disease and Injury Prevention	$	2,447,251	$	2,447,251	34579
GRF	440472	Alcohol Testing	$	1,100,000	$	1,100,000	34580
GRF	440473	Tobacco Prevention and Cessation	$	1,050,000	$	1,050,000	34581
GRF	440474	Infant Vitality	$	3,116,688	$	3,116,688	34582
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	34583
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	34584
GRF	654453	Medicaid - Health Care Quality Assurance	$	3,300,000	$	3,300,000	34585
TOTAL GRF General Revenue Fund			$	88,607,614	$	~~88,607,614~~ 89,257,614	34586

State Highway Safety Fund Group	34587

4T40	440603	Child Highway Safety	$	233,894	$	233,894	34588
TOTAL HSF State Highway Safety							34589
Fund Group			$	233,894	$	233,894	34590

General Services Fund Group	34591

1420	440646	Agency Health Services	$	820,998	$	820,998	34592
2110	440613	Central Support Indirect Costs	$	30,615,591	$	~~31,052,469~~ 30,052,469	34593
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	34594
6980	440634	Nurse Aide Training	$	99,265	$	99,265	34595
TOTAL GSF General Services							34596
Fund Group			$	36,535,854	$	~~36,972,732~~ 35,972,732	34597

Federal Special Revenue Fund Group	34598

3200	440601	Maternal Child Health Block Grant	$	23,889,057	$	23,889,057	34599
3870	440602	Preventive Health Block Grant	$	6,000,000	$	6,000,000	34600
3890	440604	Women, Infants, and Children	$	250,000,000	$	250,000,000	34601
3910	440606	Medicare Survey and Certification	$	19,449,282	$	19,961,405	34602
3920	440618	Federal Public Health Programs	$	134,546,304	$	135,140,586	34603
3GD0	654601	Medicaid Program Support	$	21,126,014	$	22,392,094	34604
TOTAL FED Federal Special Revenue							34605
Fund Group			$	455,010,657	$	457,383,142	34606

State Special Revenue Fund Group	34607

4700	440647	Fee Supported Programs	$	25,305,250	$	25,613,586	34608
4710	440619	Certificate of Need	$	878,433	$	878,433	34609
4770	440627	Medically Handicapped Children Audit	$	3,692,703	$	3,692,703	34610
4D60	440608	Genetics Services	$	3,311,039	$	3,311,039	34611
4F90	440610	Sickle Cell Disease Control	$	1,032,824	$	1,032,824	34612
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	34613
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	34614
4L30	440609	HIV Care and Miscellaneous Expenses	$	8,333,164	$	8,333,164	34615
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	34616
4V60	440641	Save Our Sight	$	2,255,789	$	2,255,789	34617
5B50	440616	Quality, Monitoring, and Inspection	$	878,997	$	878,997	34618
5CN0	440645	Choose Life	$	75,000	$	75,000	34619
5D60	440620	Second Chance Trust	$	1,151,902	$	1,151,902	34620
5ED0	440651	Smoke Free Indoor Air	$	250,000	$	250,000	34621
5G40	440639	Adoption Services	$	20,000	$	20,000	34622
5PE0	440659	Breast and Cervical Cancer Services	$	0	$	100,000	34623
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	34624
6100	440626	Radiation Emergency Response	$	1,049,954	$	1,086,098	34625
6660	440607	Medically Handicapped Children - County Assessments	$	19,739,617	$	19,739,617	34626
TOTAL SSR State Special Revenue							34627
Fund Group			$	68,601,542	$	~~68,946,022~~ 69,046,022	34628

Holding Account Redistribution Fund Group	34629

R014	440631	Vital Statistics	$	44,986	$	44,986	34630
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	34631
TOTAL 090 Holding Account							34632
Redistribution Fund Group			$	64,986	$	64,986	34633

Tobacco Master Settlement Agreement Fund Group	34634

5BX0	440656	Tobacco Use Prevention	$	1,450,000	$	~~1,450,000~~ 6,350,000	34635
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,450,000	$	~~1,450,000~~ 6,350,000	34636
TOTAL ALL BUDGET FUND GROUPS			$	650,504,547	$	~~653,658,390~~ 658,308,390	34637

Sec. 285.20. MOTHERS AND CHILDREN SAFETY NET SERVICES

34639

Of the foregoing appropriation item 440416, Mothers and	34640
Children Safety Net Services, $200,000 in each fiscal year shall	34641
be used to assist families with hearing impaired children under	34642
twenty-one years of age in purchasing hearing aids. The Director	34643
of Health shall adopt rules governing the distribution of these	34644
funds, including rules that do both of the following: (1)	34645
establish eligibility criteria to include families with incomes at	34646
or below four hundred per cent of the federal poverty guidelines	34647
as defined in section 5101.46 of the Revised Code, and (2) develop	34648
a sliding scale of disbursements under this section based on	34649
family income. The Director may adopt other rules as necessary to	34650
implement this section. Rules adopted under this section shall be	34651
adopted in accordance with Chapter 119. of the Revised Code.	34652

The Department shall disburse all of the funds appropriated	34653
under this section.	34654

HIV/AIDS PREVENTION/TREATMENT

34655

The foregoing appropriation item 440444, AIDS Prevention and	34656
Treatment, shall be used to assist persons with HIV/AIDS in	34657
acquiring HIV-related medications and to administer educational	34658
prevention initiatives.	34659

PUBLIC HEALTH LABORATORY

34660

A portion of the foregoing appropriation item 440451, Public	34661
Health Laboratory, shall be used for coordination and management	34662
of prevention program operations and the purchase of drugs for	34663
sexually transmitted diseases.	34664

HELP ME GROW

34665

The foregoing appropriation item 440459, Help Me Grow, shall	34666
be used by the Department of Health to implement the Help Me Grow	34667
Program. Funds shall be distributed to counties through	34668
agreements, contracts, grants, or subsidies in accordance with	34669
section 3701.61 of the Revised Code. Appropriation item 440459,	34670
Help Me Grow, may be used in conjunction with other early	34671
childhood funds and services to promote the optimal development of	34672
young children and family-centered programs and services that	34673
acknowledge and support the social, emotional, cognitive,	34674
intellectual, and physical development of children and the vital	34675
role of families in ensuring the well-being and success of	34676
children. The Department of Health shall enter into interagency	34677
agreements with the Department of Education, Department of	34678
Developmental Disabilities, Department of Job and Family Services,	34679
and Department of Mental Health and Addiction Services to ensure	34680
that all early childhood programs and initiatives are coordinated	34681
and school linked.	34682

The foregoing appropriation item 440459, Help Me Grow, may	34683
also be used for the Developmental Autism and Screening Program.	34684

INFANT VITALITY

34685

The foregoing appropriation item 440474, Infant Vitality,	34686
shall be used to fund the following projects, which are hereby	34687
created:	34688

(A) The Infant Safe Sleep Campaign to educate parents and	34689
caregivers with a uniform message regarding safe sleep	34690
environments;	34691

(B) The Progesterone Prematurity Prevention Project to enable	34692
prenatal care providers to identify, screen, treat, and track	34693
outcomes for women eligible for progesterone supplementation; and	34694

(C) The Prenatal Smoking Cessation Project to enable prenatal	34695
care providers who work with women of reproductive age, including	34696
pregnant women, to have the tools, training, and technical	34697
assistance needed to treat smokers effectively.	34698

TARGETED HEALTH CARE SERVICES OVER 21

34699

The foregoing appropriation item 440507, Targeted Health Care	34700
Services Over 21, shall be used to administer the Cystic Fibrosis	34701
Program and to implement the Hemophilia Insurance Premium Payment	34702
Program.	34703

The foregoing appropriation item 440507, Targeted Health Care	34704
Services Over 21, shall also be used to provide essential	34705
medications and to pay the copayments for drugs approved by the	34706
Department of Health and covered by Medicare Part D that are	34707
dispensed to Bureau for Children with Medical Handicaps (BCMH)	34708
participants for the Cystic Fibrosis Program.	34709

The Department shall expend all of these funds.

34710

CASH TRANSFERS TO THE MEDICAID FUND

34711

On July 1, 2013, or as soon as possible thereafter, the	34712
Director of Health shall certify to the Director of Budget and	34713
Management the cash balance relating to Medicaid restructuring in	34714
the following funds, all used by the Department of Health: the	34715
General Operations Fund (Fund 4700); the General Operations Fund	34716
(Fund 1420); the General Operations Fund (Fund 3920); and the	34717
Medicaid/Medicare Fund (Fund 3910). Upon receiving this	34718
certification, the Director of Budget and Management may transfer	34719
the amount certified to the Medicaid Fund (Fund 3GD0), used by the	34720
Department of Health. If this transfer occurs, the Director of	34721
Budget and Management shall cancel any existing encumbrances	34722
pertaining to Medicaid in appropriation items 440647, Fee	34723
Supported Programs, 440646, Agency Health Services, 440618,	34724
Federal Public Health Programs, and 440606, Medicare Survey and	34725
Certification, and reestablish them against appropriation item	34726
654601, Medicaid Program Support. The reestablished encumbrance	34727
amounts are hereby appropriated.	34728

GENETICS SERVICES

34729

The foregoing appropriation item 440608, Genetics Services	34730
(Fund 4D60), shall be used by the Department of Health to	34731
administer programs authorized by sections 3701.501 and 3701.502	34732
of the Revised Code. None of these funds shall be used to counsel	34733
or refer for abortion, except in the case of a medical emergency.	34734

MEDICALLY HANDICAPPED CHILDREN AUDIT

34735

The Medically Handicapped Children Audit Fund (Fund 4770)	34736
shall receive revenue from audits of hospitals and recoveries from	34737
third-party payers. Moneys may be expended for payment of audit	34738
settlements and for costs directly related to obtaining recoveries	34739
from third-party payers and for encouraging Medically Handicapped	34740
Children's Program recipients to apply for third-party benefits.	34741
Moneys also may be expended for payments for diagnostic and	34742
treatment services on behalf of medically handicapped children, as	34743
defined in division (A) of section 3701.022 of the Revised Code,	34744
and Ohio residents who are twenty-one or more years of age and who	34745
are suffering from cystic fibrosis or hemophilia. Moneys may also	34746
be expended for administrative expenses incurred in operating the	34747
Medically Handicapped Children's Program.	34748

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

34749

The foregoing appropriation item 440607, Medically	34750
Handicapped Children - County Assessments (Fund 6660), shall be	34751
used to make payments under division (E) of section 3701.023 of	34752
the Revised Code.	34753

CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO	34754
THE TOBACCO USE PREVENTION FUND	34755

On July 1, 2013, or as soon as possible thereafter, the	34756
Director of Budget and Management shall transfer $2,439,230 cash	34757
from the Public Health Priorities Trust Fund (Fund L087) to the	34758
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating	34759
needs of the Department of Health's tobacco enforcement and	34760
cessation efforts.	34761

CASH TRANSFER FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS	34762
FUND TO THE TOBACCO USE PREVENTION FUND	34763

Notwithstanding Section 512.20 of Am. Sub. H.B. 487 of the	34764
129th General Assembly, on July 1, 2014, or as soon as possible	34765
thereafter, the Director of Budget and Management may transfer	34766
cash determined to be in excess of the tobacco enforcement needs	34767
of the Attorney General from the Pre-Securitization Tobacco	34768
Payments Fund (Fund 5LS0) to the Tobacco Use Prevention Fund (Fund	34769
5BX0).	34770

Sec. 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

34771

General Revenue Fund	34772

GRF	600321	Program Support	$	31,320,964	$	31,109,751	34773
GRF	600410	TANF State/Maintenance of Effort	$	152,386,934	$	152,386,934	34774
GRF	600413	Child Care State/Maintenance of Effort	$	84,732,730	$	84,732,730	34775
GRF	600416	Information Technology Projects	$	54,223,871	$	54,184,700	34776
GRF	600420	Child Support Programs	$	6,498,667	$	6,591,048	34777
GRF	600421	Family Assistance Programs	$	3,161,930	$	3,161,930	34778
GRF	600423	Families and Children Programs	$	6,384,514	$	6,542,517	34779
GRF	600502	Child Support - Local	$	23,814,103	$	23,814,103	34780
GRF	600511	Disability Financial Assistance	$	22,000,000	$	22,000,000	34781
GRF	600521	Family Assistance - Local	$	41,132,751	$	41,132,751	34782
GRF	600523	Family and Children Services	$	54,255,323	$	~~54,255,323~~ 57,455,323	34783
GRF	600528	Adoption Services					34784
		State	$	28,623,389	$	28,623,389	34785
		Federal	$	38,202,557	$	38,202,557	34786
		Adoption Services Total	$	66,825,946	$	66,825,946	34787
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	34788
GRF	600534	Adult Protective Services	$	500,000	$	500,000	34789
GRF	600535	Early Care and Education	$	123,596,474	$	~~123,596,474~~ 139,596,474	34790
GRF	600540	Food Banks	$	6,000,000	$	6,000,000	34791
GRF	600541	Kinship Permanency Incentive Program	$	3,500,000	$	3,500,000	34792
GRF	655522	Medicaid Program Support - Local	$	38,267,970	$	38,267,970	34793
GRF	655523	Medicaid Program Support - Local Transportation	$	30,680,495	$	30,680,495	34794
TOTAL GRF General Revenue Fund							34795
		State	$	724,580,115	$	~~724,580,115~~ 743,780,115	34796
		Federal	$	38,202,557	$	38,202,557	34797
		GRF Total	$	762,782,672	$	~~762,782,672~~ 781,982,672	34798

General Services Fund Group	34799

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	34800
5DM0	600633	Administration & Operating	$	19,660,339	$	19,660,339	34801
5HC0	600695	Unemployment Compensation Interest	$	60,000,000	$	60,000,000	34802
5HL0	600602	State and County Shared Services	$	3,020,000	$	3,020,000	34803
TOTAL GSF General Services							34804
Fund Group			$	~~124,780,339~~ 116,680,339	$	~~116,773,328~~ 116,680,339	34805

Federal Special Revenue Fund Group	34806

3270	600606	Child Welfare	$	29,769,866	$	29,769,866	34807
3310	600615	Veterans Programs	$	8,000,000	$	8,000,000	34808
3310	600624	Employment Services Programs	$	26,000,000	$	26,000,000	34809
3310	600686	Workforce Programs	$	6,260,000	$	6,260,000	34810
3840	600610	Food Assistance Programs	$	209,333,246	$	180,381,394	34811
3850	600614	Refugee Services	$	12,564,952	$	12,564,952	34812
3950	600616	Federal Discretionary Grants	$	2,259,264	$	2,259,264	34813
3960	600620	Social Services Block Grant	$	47,000,000	$	47,000,000	34814
3970	600626	Child Support - Federal	$	235,000,000	$	235,000,000	34815
3980	600627	Adoption Program - Federal	$	174,178,779	$	174,178,779	34816
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	34817
3D30	600648	Children's Trust Fund Federal	$	3,477,699	$	3,477,699	34818
3F01	655624	Medicaid Program Support	$	110,680,495	$	110,680,495	34819
3H70	600617	Child Care Federal	$	241,987,805	$	222,212,089	34820
3N00	600628	Foster Care Program - Federal	$	311,968,616	$	311,968,616	34821
3S50	600622	Child Support Projects	$	534,050	$	534,050	34822
3V00	600688	Workforce Investment Act Programs	$	136,000,000	$	136,000,000	34823
3V40	600678	Federal Unemployment Programs	$	182,814,212	$	182,814,212	34824
3V40	600679	UC Review Commission - Federal	$	6,185,788	$	6,185,788	34825
3V60	600689	TANF Block Grant	$	777,957,809	$	790,304,845	34826
TOTAL FED Federal Special Revenue							34827
Fund Group			$	2,526,972,581	$	2,490,592,049	34828

State Special Revenue Fund Group	34829

1980	600647	Children's Trust Fund	$	5,873,848	$	5,873,848	34830
4A90	600607	Unemployment Compensation Administration Fund	$	9,006,000	$	~~9,006,000~~ 12,506,000	34831
4E70	600604	Family and Children Services Collections	$	400,000	$	400,000	34832
4F10	600609	Family and Children Activities	$	683,549	$	683,549	34833
5DB0	600637	Military Injury Relief Subsidies	$	2,000,000	$	2,000,000	34834
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	34835
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	34836
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	2,000,000	34837
5NG0	600660	Victims of Human Trafficking	$	100,000	$	100,000	34838
5U60	600663	Family and Children Support	$	4,000,000	$	4,000,000	34839
TOTAL SSR State Special Revenue							34840
Fund Group			$	25,063,397	$	~~25,063,397~~ 28,563,397	34841

Agency Fund Group	34842

1920	600646	Child Support Intercept - Federal	$	129,250,000	$	129,250,000	34843
5830	600642	Child Support Intercept - State	$	14,000,000	$	14,000,000	34844
5B60	600601	Food Assistance Intercept	$	1,000,000	$	1,000,000	34845
TOTAL AGY Agency Fund Group			$	144,250,000	$	144,250,000	34846

Holding Account Redistribution Fund Group	34847

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	34848
R013	600644	Forgery Collections	$	10,000	$	10,000	34849
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	34850
TOTAL ALL BUDGET FUND GROUPS			$	~~3,586,058,989~~ 3,577,958,989	$	~~3,541,671,446~~ 3,564,278,457	34851

Sec. 301.33. BIG BROTHERS BIG SISTERS

34853

Of the foregoing appropriation item 600410, TANF	34854
State/Maintenance of Effort, $1,000,000 in each fiscal year shall	34855
be provided, in accordance with sections 5101.80 and 5101.801 of	34856
the Revised Code, to Big Brothers Big Sisters of Central Ohio to	34857
provide mentoring services to children of incarcerated parents	34858
throughout the state. Upon the request of the Director of Job and	34859
Family Services, the Director of Budget and Management may	34860
transfer any amount of this earmark that remains unspent at the	34861
end of fiscal year 2014 to fiscal year 2015. Any amount	34862
transferred is hereby reappropriated to appropriation item 600410,	34863
TANF State/Maintenance of Effort, for the same purpose in fiscal	34864
year 2015.	34865

Sec. 301.40. COUNTY ADMINISTRATIVE FUNDS

34866

(A) The foregoing appropriation item 600521, Family	34867
Assistance - Local, may be provided to county departments of job	34868
and family services to administer food assistance and disability	34869
assistance programs.	34870

(B) The foregoing appropriation item 655522, Medicaid Program	34871
Support - Local, may be provided to county departments of job and	34872
family services to administer the Medicaid program and the State	34873
Children's Health Insurance program.	34874

(C) At the request of the Director of Job and Family	34875
Services, the Director of Budget and Management may transfer	34876
appropriations between appropriation item 600521, Family	34877
Assistance - Local, and appropriation item 655522, Medicaid	34878
Program Support - Local, in order to ensure county administrative	34879
funds are expended from the proper appropriation item.	34880

(D) If receipts credited to the Medicaid Program Support Fund	34881
(Fund 3F01) and the Supplemental Nutrition Assistance Program Fund	34882
(Fund 3840) exceed the amounts appropriated, the Director of Job	34883
and Family Services shall request the Director of Budget and	34884
Management to authorize expenditures from those funds in excess of	34885
the amounts appropriated. Upon approval of the Director of Budget	34886
and Management, the additional amounts are hereby appropriated.	34887

Sec. 301.143. CHILDREN'S CRISIS CARE FACILITIES

34888

Of the foregoing appropriation item 600523, Family and	34889
Children Services, $150,000 in each fiscal year shall be provided	34890
to children's crisis care facilities, as defined in section	34891
5103.13 of the Revised Code. The Director of Job and Family	34892
Services shall allocate funds based on the number of children at	34893
each facility. A children's crisis care facility may decline to	34894
receive funds provided for under this section. A children's crisis	34895
care facility that accepts funds provided under this section shall	34896
use the funds in accordance with section 5103.13 of the Revised	34897
Code and rules in section 5101:2-9-36 of the Administrative Code.	34898

STATE CHILD PROTECTION ALLOCATION

34899

Of the foregoing appropriation item 600523, Family and	34900
Children Services, up to $3,200,000 shall be used to match	34901
eligible federal Title IV-B ESSA funds and federal Title IV-E	34902
Chafee funds allocated to public children services agencies.	34903

CHILD PLACEMENT LEVEL OF CARE TOOL PILOT PROGRAM

34904

(A) The Ohio Department of Job and Family Services shall	34905
implement and oversee use of a Child Placement Level of Care Tool	34906
on a pilot basis. The Department shall implement the pilot program	34907
in up to ten counties selected by the Department and shall include	34908
the county and at least one private child placing agency or	34909
private noncustodial agency. The pilot program shall be developed	34910
with the participating counties and agencies and must be	34911
acceptable to all participants. A selected county or agency must	34912
agree to participate in the pilot program.	34913

(B) The pilot program shall begin not later than one hundred	34914
eighty days after the effective date of this section and end not	34915
later than eighteen months after the date the pilot program	34916
begins. The length of the pilot program shall not include any time	34917
expended in preparation for implementation or any post-pilot	34918
program evaluation activity.	34919

(C)(1) In accordance with sections 125.01 to 125.11 of the	34920
Revised Code, the Ohio Department of Job and Family Services shall	34921
provide for an independent evaluation of the pilot program to rate	34922
the program's success in the following areas:	34923

(a) Placement stability, length of stay, and other outcomes	34924
for children;	34925

(b) Cost;

34926

34927

(d) Any other criteria the Department determines will be	34928
useful in the consideration of statewide implementation.	34929

(2) The evaluation design shall include:

34930

(a) A comparison of data to historical outcomes or control	34931
counties;	34932

(b) A prospective data evaluation in each of the pilot	34933
counties.	34934

(D) The Ohio Department of Job and Family Services may adopt	34935
rules in accordance with Chapter 119. of the Revised Code as	34936
necessary to carry out the purposes of this section. The	34937
Department shall seek maximum federal financial participation to	34938
support the pilot program and the evaluation.	34939

(E) Notwithstanding division (E) of section 5101.141 of the	34940
Revised Code, the Department of Job and Family Services shall seek	34941
state funding to implement the Child Placement Level of Care Tool	34942
pilot program described in this section and to contract for the	34943
independent evaluation of the pilot program.	34944

(F) As used in this section, "Child Placement Level of Care	34945
Tool" means an assessment tool to be used by participating	34946
counties and agencies to assess a child's placement needs when a	34947
child must be removed from the child's own home and cannot be	34948
placed with a relative or kin not certified as a foster caregiver	34949
that includes assessing a child's functioning, needs, strengths,	34950
risk behaviors, and exposure to traumatic experiences.	34951

Sec. 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	34952
SERVICES	34953

General Revenue Fund	34954

GRF	333321	Central Administration	$	13,495,337	$	13,486,290	34955
GRF	333402	Resident Trainees	$	450,000	$	450,000	34956
GRF	333415	Lease-Rental Payments	$	~~15,843,300~~ 14,743,300	$	16,076,700	34957
GRF	333416	Research Program Evaluation	$	321,998	$	321,998	34958
GRF	334412	Hospital Services	$	190,514,437	$	190,514,437	34959
GRF	334506	Court Costs	$	784,210	$	784,210	34960
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	34961
GRF	335406	Prevention and Wellness	$	868,659	$	868,659	34962
GRF	335421	Continuum of Care Services	$	77,733,742	$	77,633,742	34963
GRF	335422	Criminal Justice Services	$	4,917,898	$	4,917,898	34964
GRF	335504	Community Innovations	$	6,500,000	$	1,500,000	34965
GRF	335506	Residential State Supplement	$	7,502,875	$	7,502,875	34966
GRF	335507	Community Behavioral Health	$	47,500,000	$	47,500,000	34967
GRF	652507	Medicaid Support	$	1,727,553	$	1,736,600	34968
TOTAL GRF General Revenue Fund			$	~~369,546,009~~ 368,446,009	$	364,679,409	34969

General Services Fund Group	34970

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	34971
5T90	333641	Problem Gambling Services - Administration	$	60,000	$	60,000	34972
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	~~28,190,000~~ 30,190,000	34973
1500	334620	Special Education	$	150,000	$	150,000	34974
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	34975
5T90	335641	Problem Gambling Services	$	275,000	$	275,000	34976
1510	336601	Office of Support Services	$	115,000,000	$	~~115,000,000~~ 90,000,000	34977
TOTAL GSF General Services Fund Group			$	145,268,190	$	~~145,268,190~~ 122,268,190	34978

Federal Special Revenue Fund Group	34979

3240	333605	Medicaid/Medicare - Refunds	$	154,500	$	154,500	34980
3A60	333608	Federal Miscellaneous - Administration	$	140,000	$	140,000	34981
3A70	333612	Social Services Block Grant - Administration	$	50,000	$	50,000	34982
3A80	333613	Federal Grants - Administration	$	4,717,000	$	4,717,000	34983
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	34984
3G40	333618	Substance Abuse Block Grant- Administration	$	3,307,789	$	3,307,789	34985
3H80	333606	Demonstration Grants - Administration	$	3,237,574	$	~~3,237,574~~ 6,000,000	34986
3N80	333639	Administrative Reimbursement	$	300,000	$	300,000	34987
3240	334605	Medicaid/Medicare - Hospitals	$	28,200,000	$	28,200,000	34988
3A60	334608	Federal Miscellaneous - Hospitals	$	200,000	$	200,000	34989
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	34990
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	34991
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	34992
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	~~2,500,000~~ 4,500,000	34993
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	34994
3FR0	335638	Race to the Top - Early Learning Challenge Grant	$	1,164,000	$	1,164,000	34995
3G40	335618	Substance Abuse Block Grant	$	62,542,003	$	62,557,967	34996
3H80	335606	Demonstration Grants	$	5,428,006	$	~~5,428,006~~ 11,000,000	34997
3B10	652635	Community Medicaid Legacy Costs	$	5,000,000	$	0 5,000,000	34998
3B10	652636	Community Medicaid Legacy Support	$	7,000,000	$	7,000,000	34999
3J80	652609	Medicaid Legacy Costs Support	$	3,000,000	$	0 3,000,000	35000
TOTAL FED Federal Special Revenue Fund Group			$	152,659,342	$	~~144,675,306~~ 163,009,726	35001

State Special Revenue Fund Group	35002

2320	333621	Family and Children First Administration	$	400,000	$	400,000	35003
4750	333623	Statewide Treatment and Prevention - Administration	$	5,490,667	$	5,490,667	35004
4850	333632	Mental Health Operating - Refunds	$	134,233	$	134,233	35005
5JL0	333629	Problem Gambling and Casino Addictions - Administration	$	1,361,592	$	1,361,592	35006
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	35007
6890	333640	Education and Conferences	$	150,000	$	150,000	35008
4850	334632	Mental Health Operating - Hospitals	$	2,477,500	$	2,477,500	35009
4750	335623	Statewide Treatment and Prevention	$	10,059,333	$	10,059,333	35010
5AU0	335615	Behavioral Health Care	$	6,690,000	$	6,690,000	35011
5JL0	335629	Problem Gambling and Casino Addictions	$	4,084,772		4,084,772	35012
6320	335616	Community Capital Replacement	$	350,000	$	350,000	35013
TOTAL SSR State Special Revenue Fund Group			$	31,298,097	$	31,298,097	35014
TOTAL ALL BUDGET FUND GROUPS			$	~~698,771,638~~ 697,671,638	$	~~685,921,002~~ 681,255,422	35015

Sec. 327.83. COMMUNITY BEHAVIORAL HEALTH

35017

~~Of the foregoing appropriation item 335507, Community~~	35018
~~Behavioral Health, $30,000,000 in each fiscal year shall be~~	35019
~~allocated to community alcohol, drug addiction, and mental health~~	35020
~~services boards to provide mental health services.~~	35021

~~Of the foregoing appropriation item 335507, Community~~	35022
~~Behavioral Health, $17,500,000 in each fiscal year shall be~~	35023
~~allocated to community alcohol, drug addiction, and mental health~~	35024
~~services boards to be used for addiction services including~~	35025
~~medication, treatment programs, and counseling.~~	35026

The foregoing appropriation item 335507, Community Behavioral	35027
Health, shall be used to address gaps identified by the Department	35028
of Mental Health and Addiction Services in the continuum of care	35029
for persons with mental illness or addiction disorders, including	35030
access to crisis services. Portions of this appropriation item	35031
shall be used as follows:	35032

(A) Of the foregoing appropriation item 335507, Community	35033
Behavioral Health, up to $6.5 million in fiscal year 2015 shall be	35034
used to expand evidence-based prevention resources statewide.	35035

(B) Of the foregoing appropriation item 335507, Community	35036
Behavioral Health, $7.5 million in fiscal year 2015 shall be used	35037
to fund expansion and improvement of the Residential State	35038
Supplement Program.	35039

(C) Of the foregoing appropriation item 335507, Community	35040
Behavioral Health, up to $5.0 million in fiscal year 2015 shall be	35041
used to expand access to recovery housing. "Recovery housing"	35042
means housing for individuals recovering from drug addiction that	35043
provides an alcohol and drug-free living environment, peer	35044
support, assistance with obtaining drug addiction services, and	35045
other drug addiction recovery assistance where the length of stay	35046
is not limited to a specific duration. Recovery housing does not	35047
include residential facilities subject to licensure pursuant to	35048
section 5119.34 of the Revised Code. Medication-assisted treatment	35049
may be allowed in recovery housing. Support for projects in	35050
counties of the state that are underserved or do not currently	35051
have recovery housing stock shall be given priority. For	35052
expenditures that are capital in nature, the Department of Mental	35053
Health and Addiction Services shall develop procedures to	35054
administer these funds in a manner that is consistent with current	35055
community capital assistance projects process guidelines. The	35056
Department shall create a plan for a resource hub on recovery	35057
housing in Ohio. The Department shall submit the plan to the	35058
General Assembly in accordance with section 101.68 of the Revised	35059
Code not later than December 31, 2014.	35060

(D) Of the foregoing appropriation item 335507, Community	35061
Behavioral Health, up to $4.4 million in fiscal year 2015 shall be	35062
used to defray a portion of the annual payroll costs associated	35063
with the employment of one full-time, or full-time equivalent,	35064
specialized docket staff member by a court of common pleas, a	35065
municipal court, or a county court, including a juvenile or family	35066
court that currently has, or anticipates having, a family	35067
dependency treatment court that meets all of the eligibility	35068
requirements described in division (D)(1) of this section. A	35069
specialized docket staff member employed under this section shall	35070
be considered an employee of the court.	35071

(1) To be eligible, the court must have received Supreme	35072
Court of Ohio certification for a specialized docket that targets	35073
participants with a drug addiction or dependency. In addition, the	35074
specialized docket staff member must have received training for or	35075
education in alcohol and other drug addiction, abuse, and recovery	35076
and have demonstrated, prior to or within ninety days of hire,	35077
competencies in fundamental alcohol and other drug addiction,	35078
abuse, and recovery. Fundamental competencies shall include, at a	35079
minimum, an understanding of alcohol and other drug treatment and	35080
recovery, how to engage a person in treatment and recovery, and an	35081
understanding of other health care systems, social service	35082
systems, and the criminal justice system.	35083

(2) For the purposes of this section, payroll costs include	35084
annual compensation and fringe benefits.	35085

(3) The Department, solely for the purpose of determining the	35086
amount of the state share available to a court under division	35087
(D)(5) of this section for the employment of one full-time or	35088
full-time equivalent, specialized docket staff member, shall use	35089
the lesser of:	35090

(a) The actual annual compensation and fringe benefits paid	35091
to that staff member proportionally reflecting the staff member's	35092
time allocated for specialized docket duties and responsibilities;	35093
or	35094

(b) $78,000.

35095

(4) In accordance with any applicable rules, guidelines, or	35096
procedures adopted by the Department pursuant to this section, the	35097
county auditor shall certify, for any court located within the	35098
county that is applying for or receiving funding under this	35099
section, to the Department the information necessary to determine	35100
that court's eligibility for, and the amount of, funding under	35101
this section.	35102

(5) For a specialized docket staff member employed by a court	35103
in this section, the amount of state funding available under this	35104
section shall be sixty-five per cent of the payroll costs	35105
specified in division (D)(3) of this section. This state funding	35106
shall not exceed $50,700.	35107

(6) The Department shall disburse this state funding in	35108
quarterly installments to the appropriate county or municipality	35109
in which the court is located.	35110

(7) Of the foregoing appropriation item 335507, Community	35111
Behavioral Health, the Department shall use up to one per cent of	35112
the amount set aside in division (D) of this section in fiscal	35113
year 2015 to pay the cost it incurs in administering the duties	35114
established in division (D) of this section.	35115

(8) The Department may adopt rules, guidelines, and	35116
procedures as necessary to carry out the purposes of division (D)	35117
of this section.	35118

(E) The remainder of the foregoing appropriation item 335507,	35119
Community Behavioral Health, an amount up to $24.1 million, in	35120
fiscal year 2015 shall be invested in addiction and mental health	35121
recovery supports, with an emphasis on crisis and housing. These	35122
investments shall prioritize funding projects that fill gaps in	35123
the continuum of care established by boards of alcohol, drug	35124
addiction, and mental health services under division (A)(11) of	35125
section 340.03 of the Revised Code. Projects shall be identified	35126
in consultation with and may be implemented by the boards except	35127
for areas for which the Director of Mental Health and Addiction	35128
Services identifies unmet needs.	35129

Sec. 333.10. DNR DEPARTMENT OF NATURAL RESOURCES

35130

General Revenue Fund	35131

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	35132
GRF	725413	Lease Rental Payments	$	21,622,900	$	23,943,400	35133
GRF	725456	Canal Lands	$	135,000	$	135,000	35134
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	35135
GRF	725505	Healthy Lake Erie Fund	$	650,000	$	500,000	35136
GRF	725507	Coal and Mine Safety Program	$	2,500,000	$	2,500,000	35137
GRF	725903	Natural Resources General Obligation Debt Service	$	24,325,400	$	~~25,443,000~~ 23,743,000	35138
GRF	727321	Division of Forestry	$	4,392,002	$	4,392,001	35139
GRF	729321	Office of Information Technology	$	177,405	$	177,405	35140
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	35141
GRF	736321	Division of Engineering	$	2,279,115	$	2,324,736	35142
GRF	737321	Division of Soil and Water Resources	$	4,782,704	$	4,782,652	35143
GRF	738321	Division of Real Estate and Land Management	$	715,963	$	670,342	35144
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	35145
TOTAL GRF General Revenue Fund			$	97,480,489	$	~~100,768,536~~ 99,068,536	35146

General Services Fund Group	35147

1550	725601	Departmental Projects	$	2,109,968	$	1,839,204	35148
1570	725651	Central Support Indirect	$	4,609,154	$	4,671,566	35149
2040	725687	Information Services	$	5,179,097	$	5,288,168	35150
2050	725696	Human Resource Direct Service	$	2,474,345	$	2,526,662	35151
2070	725690	Real Estate Services	$	50,000	$	50,000	35152
2230	725665	Law Enforcement Administration	$	2,126,432	$	2,126,432	35153
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	35154
4300	725671	Canal Lands	$	883,879	$	883,879	35155
4S90	725622	NatureWorks Personnel	$	404,657	$	412,570	35156
4X80	725662	Water Resources Council	$	138,005	$	138,005	35157
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	35158
5160	725620	Water Management	$	2,559,292	$	2,559,292	35159
6350	725664	Fountain Square Facilities Management	$	3,329,935	$	3,346,259	35160
6970	725670	Submerged Lands	$	852,982	$	869,145	35161
TOTAL GSF General Services							35162
Fund Group			$	25,457,857	$	25,451,293	35163

Federal Special Revenue Fund Group	35164

3320	725669	Federal Mine Safety Grant	$	265,000	$	265,000	35165
3B30	725640	Federal Forest Pass-Thru	$	500,000	$	500,000	35166
3B40	725641	Federal Flood Pass-Thru	$	500,000	$	500,000	35167
3B50	725645	Federal Abandoned Mine Lands	$	11,851,759	$	11,851,759	35168
3B60	725653	Federal Land and Water Conservation Grants	$	950,000	$	950,000	35169
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	35170
3P10	725632	Geological Survey - Federal	$	933,448	$	557,146	35171
3P20	725642	Oil and Gas - Federal	$	234,509	$	234,509	35172
3P30	725650	Coastal Management - Federal	$	2,790,633	$	2,790,633	35173
3P40	725660	Federal - Soil and Water Resources	$	969,190	$	1,006,874	35174
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	4,342,280	$	4,342,280	35175
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	35176
TOTAL FED Federal Special Revenue							35177
Fund Group			$	28,386,819	$	28,048,201	35178

State Special Revenue Fund Group	35179

4J20	725628	Injection Well Review	$	128,466	$	128,466	35180
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	35181
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	35182
5090	725602	State Forest	$	6,873,330	$	6,880,158	35183
5110	725646	Ohio Geological Mapping	$	1,220,690	$	1,993,519	35184
5120	725605	State Parks Operations	$	29,654,880	$	29,671,044	35185
5140	725606	Lake Erie Shoreline	$	1,559,583	$	1,559,583	35186
5180	725643	Oil and Gas ~~Permit Fees~~ Regulation and Safety	$	12,812,311	$	13,140,201	35187
5180	725677	Oil and Gas Well Plugging	$	1,500,000	$	1,500,000	35188
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	35189
5220	725656	Natural Areas and Preserves	$	546,639	$	546,639	35190
5260	725610	Strip Mining Administration Fee	$	1,800,000	$	1,800,000	35191
5270	725637	Surface Mining Administration	$	1,941,532	$	1,941,532	35192
5290	725639	Unreclaimed Land Fund	$	1,804,180	$	1,804,180	35193
5310	725648	Reclamation Forfeiture	$	500,000	$	500,000	35194
5B30	725674	Mining Regulation	$	28,135	$	28,135	35195
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	35196
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	35197
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	35198
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	35199
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	35200
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	35201
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	35202
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	35203
5MF0	725635	Ohio Geology License Plate	$	7,500	$	7,500	35204
5MW0	725604	Natural Resources Special Purposes	$	10,163,812	$	6,165,162	35205
6150	725661	Dam Safety	$	943,517	$	943,517	35206
TOTAL SSR State Special Revenue							35207
Fund Group			$	80,129,565	$	77,254,626	35208

Clean Ohio Conservation Fund Group	35209

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		35210
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		35211

Wildlife Fund Group	35212

5P20	725634	Wildlife Boater Angler Administration	$	3,000,000	$	3,000,000	35213
7015	740401	Division of Wildlife Conservation	$	56,466,564	$	57,075,976	35214
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	35215
8160	725649	Wetlands Habitat	$	966,885	$	966,885	35216
8170	725655	Wildlife Conservation Checkoff Fund	$	2,000,000	$	2,000,000	35217
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	35218
8190	725685	Ohio River Management	$	203,584	$	203,584	35219
81B0	725688	Wildlife Habitat Fund	$	1,200,000	$	1,200,000	35220
TOTAL WLF Wildlife Fund Group			$	65,457,482	$	66,066,894	35221

Waterways Safety Fund Group	35222

7086	725414	Waterways Improvement	$	5,693,671	$	5,693,671	35223
7086	725418	Buoy Placement	$	52,182	$	52,182	35224
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	35225
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	35226
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	35227
7086	739401	Division of Watercraft	$	19,467,370	$	19,297,370	35228
TOTAL WSF Waterways Safety Fund							35229
Group			$	26,276,019	$	26,106,019	35230

Accrued Leave Liability Fund Group	35231

4M80	725675	FOP Contract	$	20,219	$	20,219	35232
TOTAL ALF Accrued Leave							35233
Liability Fund Group			$	20,219	$	20,219	35234

Holding Account Redistribution Fund Group	35235

R017	725659	Performance Cash Bond Refunds	$	496,263	$	496,263	35236
R043	725624	Forestry	$	2,100,000	$	2,100,000	35237
TOTAL 090 Holding Account							35238
Redistribution Fund Group			$	2,596,263	$	2,596,263	35239
TOTAL ALL BUDGET FUND GROUPS			$	326,105,488	$	~~326,612,826~~ 324,912,826	35240

Sec. 333.80. SOIL AND WATER DISTRICTS

35242

In addition to state payments to soil and water conservation	35243
districts authorized by section 1515.10 of the Revised Code, the	35244
Department of Natural Resources may use appropriation item 725683,	35245
Soil and Water Districts, to pay any soil and water conservation	35246
district an annual amount not to exceed $40,000, upon receipt of a	35247
request and justification from the district and approval by the	35248
Ohio Soil and Water Conservation Commission. The county auditor	35249
shall credit the payments to the special fund established under	35250
section 1515.10 of the Revised Code for the local soil and water	35251
conservation district. Moneys received by each district shall be	35252
expended for the purposes of the district.	35253

OIL AND GAS WELL PLUGGING

35254

The foregoing appropriation item 725677, Oil and Gas Well	35255
Plugging, shall be used exclusively for the purposes of plugging	35256
wells and to properly restore the land surface of idle and orphan	35257
oil and gas wells pursuant to section 1509.071 of the Revised	35258
Code. No funds from the appropriation item shall be used for	35259
salaries, maintenance, equipment, or other administrative	35260
purposes, except for those costs directly attributed to the	35261
plugging of an idle or orphan well. This appropriation item shall	35262
not be used to transfer cash to any other fund or appropriation	35263
item.	35264

TRANSFER OF FUNDS FOR OIL AND GAS DIVISION AND GEOLOGICAL	35265
MAPPING OPERATIONS	35266

During fiscal years 2014 and 2015, the Director of Budget and	35267
Management may, in consultation with the Director of Natural	35268
Resources, transfer such cash as necessary from the General	35269
Revenue Fund to the Oil and Gas Well Fund (Fund 5180) and the	35270
Geological Mapping Fund (Fund 5110). The cash transfer to Fund	35271
5180 shall be used for handling the increased regulatory work	35272
related to the expansion of the oil and gas program that will	35273
occur before receipts from this activity are deposited into Fund	35274
5180. The cash transfer to Fund 5110 shall be used for handling	35275
the increased field and laboratory research efforts related to the	35276
expansion of the oil and gas program that will occur before	35277
receipts from this activity are deposited into Fund 5110. Once	35278
funds from severance taxes, application and permitting fees, and	35279
other sources have accrued to Fund 5180 and Fund 5110 in such	35280
amounts as are considered sufficient to sustain expanded	35281
operations, the Director of Budget and Management, in consultation	35282
with the Director of Natural Resources, shall establish a schedule	35283
for repaying the transferred funds from Fund 5180 and Fund 5110 to	35284
the General Revenue Fund.	35285

NATURAL RESOURCES SPECIAL PURPOSES

35286

Of the foregoing appropriation item 725604, Natural Resources	35287
Special Purposes, up to $2,100,000 in fiscal year 2014 shall be	35288
used for the construction or acquisition of a treatment train	35289
process at an Ohio inland lake, and up to $1,800,000 in fiscal	35290
year 2014 shall be used for the purchase of two sweeper dredges	35291
for use at Ohio inland lakes, and $263,812 in fiscal year 2014 and	35292
$165,162 in fiscal year 2015 shall be used for the operation of	35293
the dredges purchased under this section.	35294

Sec. 340.10. OOD OPPORTUNITIES FOR OHIOANS WITH DISABILITIES	35295
AGENCY	35296

General Revenue Fund	35297

GRF	415402	Independent Living Council	$	252,000	$	252,000	35298
GRF	415406	Assistive Technology	$	26,618	$	26,618	35299
GRF	415431	~~Office for People with~~ Brain Injury	$	126,567	$	126,567	35300
GRF	415506	Services for ~~People~~ Individuals with Disabilities	$	15,277,885	$	15,277,885	35301
GRF	415508	Services for the Deaf	$	28,000	$	28,000	35302
TOTAL GRF General Revenue Fund			$	15,711,070	$	15,711,070	35303

General Services Fund Group	35304

4670	415609	Business Enterprise Operating Expenses	$	962,538	$	965,481	35305
TOTAL GSF General Services							35306
Fund Group			$	962,538	$	965,481	35307

Federal Special Revenue Fund Group	35308

3170	415620	Disability Determination	$	83,332,186	$	84,641,911	35309
3790	415616	Federal - Vocational Rehabilitation	$	117,431,895	$	113,610,728	35310
3L10	415601	Social Security Personal Care Assistance	$	2,748,451	$	2,752,396	35311
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	35312
3L10	415608	Social Security ~~Special Programs/Assistance~~ Vocational Rehabilitation	$	445,258	$	498,269	35313
3L40	415612	Federal Independent Living Centers or Services	$	638,431	$	638,431	35314
3L40	415615	Federal - Supported Employment	$	916,727	$	916,727	35315
3L40	415617	~~Independent Living/~~Vocational Rehabilitation Programs	$	1,548,658	$	1,348,658	35316
TOTAL FED Federal Special							35317
Revenue Fund Group			$	207,833,606	$	205,179,120	35318

State Special Revenue Fund Group	35319

4680	415618	Third Party Funding	$	11,000,000	$	11,000,000	35320
4L10	415619	Services for Rehabilitation	$	3,502,168	$	3,502,168	35321
4W50	415606	Program Management ~~Expenses~~	$	12,369,751	$	12,594,758	35322
TOTAL SSR State Special							35323
Revenue Fund Group			$	26,871,919	$	27,096,926	35324
TOTAL ALL BUDGET FUND GROUPS			$	251,379,133	$	248,952,597	35325

INDEPENDENT LIVING COUNCIL

35326

The foregoing appropriation item 415402, Independent Living	35327
Council, shall be used to fund the operations of the State	35328
Independent Living Council and to support state independent living	35329
centers and independent living services under Title VII of the	35330
Independent Living Services and Centers for Independent Living of	35331
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	35332
U.S.C. 796d.	35333

Of the foregoing appropriation item 415402, Independent	35334
Living Council, $67,662 in each fiscal year shall be used as state	35335
matching funds for vocational rehabilitation innovation and	35336
expansion activities.	35337

ASSISTIVE TECHNOLOGY

35338

The total amount of the foregoing appropriation item 415406,	35339
Assistive Technology, shall be provided to Assistive Technology of	35340
Ohio to provide grants and assistive technology services for	35341
people with disabilities in the State of Ohio.	35342

~~OFFICE FOR PEOPLE WITH~~ BRAIN INJURY

35343

The foregoing appropriation item 415431, ~~Office for People~~	35344
~~with~~ Brain Injury, shall be provided to The Ohio State University	35345
College of Medicine to support the Brain Injury Program	35346
established under section 3304.23 of the Revised Code.	35347

VOCATIONAL REHABILITATION SERVICES

35348

The foregoing appropriation item 415506, Services for ~~People~~	35349
Individuals with Disabilities, shall be used as state matching	35350
funds to provide vocational rehabilitation services to eligible	35351
consumers.	35352

SERVICES FOR THE DEAF

35353

The foregoing appropriation item 415508, Services for the	35354
Deaf, shall be used to provide grants to community centers for the	35355
deaf.	35356

~~INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS~~

35357

~~The foregoing appropriation item 415617, Independent~~	35358
~~Living/Vocational Rehabilitation Programs, shall be used to~~	35359
~~support vocational rehabilitation programs.~~	35360

SOCIAL SECURITY REIMBURSEMENT FUNDS

35361

Reimbursement funds received from the Social Security	35362
Administration, United States Department of Health and Human	35363
Services, for the costs of providing services and training to	35364
return disability recipients to gainful employment shall be	35365
expended ~~from the Social Security Reimbursement Fund (Fund 3L10)~~,	35366
to the extent funds are available, as follows:	35367

(A) Appropriation item 415601, Social Security Personal Care	35368
Assistance, to provide personal care services in accordance with	35369
section 3304.41 of the Revised Code;	35370

(B) Appropriation item 415605, Social Security Community	35371
Centers for the Deaf, to provide grants to community centers for	35372
the deaf in Ohio for services to individuals with hearing	35373
impairments; and	35374

(C) Appropriation item 415608, Social Security ~~Special~~	35375
~~Programs/Assistance~~Vocational Rehabilitation, to provide	35376
vocational rehabilitation services to individuals with severe	35377
disabilities who are Social Security beneficiaries, to enable them	35378
to achieve competitive employment. ~~This appropriation item shall~~	35379
~~also be used to pay a portion of indirect costs of the Personal~~	35380
~~Care Assistance Program and the Independent Living Programs as~~	35381
~~mandated by federal OMB Circular A-87.~~	35382

PROGRAM MANAGEMENT ~~EXPENSES~~

35383

The foregoing appropriation item 415606, Program Management	35384
~~Expenses~~, shall be used to support the administrative functions of	35385
the commission related to the provision of vocational	35386
rehabilitation, disability determination services, and ancillary	35387
programs.	35388

Sec. 349.10. PRX STATE BOARD OF PHARMACY

35389

General Services Fund Group	35390

4A50	887605	Drug Law Enforcement	$	150,000	$	150,000	35391
4K90	887609	Operating Expenses	$	6,701,285	$	~~6,701,285~~ 6,901,285	35392
TOTAL GSF General Services Fund Group			$	6,851,285	$	~~6,851,285~~ 7,051,285	35393

Federal Special Revenue Fund Group	35394

3BC0	887604	Dangerous Drugs Database	$	390,869	$	0	35395
3CT0	887606	2008 Developing/Enhancing PMP	$	224,691	$	112,346	35396
3DV0	887607	Enhancing Ohio's PMP	$	2,000	$	2,000	35397
3EY0	887603	Administration of PMIX Hub	$	66,335	$	0	35398
TOTAL FED Federal Special Revenue Fund Group			$	683,895	$	114,346	35399
TOTAL ALL BUDGET FUND GROUPS			$	7,535,180	$	~~6,965,631~~ 7,165,631	35400

Sec. 359.10. PWC PUBLIC WORKS COMMISSION

35402

General Revenue Fund	35403

GRF	150904	Conservation General Obligation Debt Service	$	~~33,376,600~~ 26,676,600	$	34,447,700	35404
GRF	150907	State Capital Improvements General Obligation Debt Service	$	~~227,810,300~~ 210,710,300	$	~~228,948,900~~ 226,948,900	35405
TOTAL GRF General Revenue Fund			$	~~261,186,900~~ 237,386,900	$	~~263,396,600~~ 261,396,600	35406

Clean Ohio Conservation Fund Group	35407

7056	150403		Clean Ohio Operating Expenses		$	288,980		$	288,980		35408
TOTAL 056 Clean Ohio Conservation Fund Group					$	288,980		$	288,980		35409

TOTAL ALL BUDGET FUND GROUPS

~~261,475,880~~ 237,675,880

~~263,685,580~~ 261,685,580

35410

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

35411

The foregoing appropriation item 150904, Conservation General	35412
Obligation Debt Service, shall be used to pay all debt service and	35413
related financing costs during the period from July 1, 2013,	35414
through June 30, 2015, at the times they are required to be made	35415
for obligations issued under sections 151.01 and 151.09 of the	35416
Revised Code.	35417

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

35418

The foregoing appropriation item 150907, State Capital	35419
Improvements General Obligation Debt Service, shall be used to pay	35420
all debt service and related financing costs during the period	35421
from July 1, 2013, through June 30, 2015, at the times they are	35422
required to be made for obligations issued under sections 151.01	35423
and 151.08 of the Revised Code.	35424

CLEAN OHIO OPERATING EXPENSES

35425

The foregoing appropriation item 150403, Clean Ohio Operating	35426
Expenses, shall be used by the Ohio Public Works Commission in	35427
administering Clean Ohio Conservation Fund (Fund 7056) projects	35428
pursuant to sections 164.20 to 164.27 of the Revised Code.	35429

Sec. 363.10. BOR BOARD OF REGENTS

35430

General Revenue Fund	35431

GRF	235321	Operating Expenses	$	2,850,357	$	2,850,357	35432
GRF	235401	Lease Rental Payments	$	5,805,300	$	0	35433
GRF	235402	Sea Grants	$	285,000	$	285,000	35434
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	35435
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	35436
GRF	235409	HEI Information System	$	1,505,683	$	1,505,683	35437
GRF	235414	State Grants and Scholarship Administration	$	830,180	$	830,180	35438
GRF	235417	eStudent Services	$	2,532,688	$	2,532,688	35439
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	35440
GRF	235433	Economic Growth Challenge	$	521,153	$	521,153	35441
GRF	235434	College Readiness and Access	$	1,200,000	$	1,200,000	35442
GRF	235438	Choose Ohio First Scholarship	$	16,665,114	$	16,665,114	35443
GRF	235443	Adult Basic and Literacy Education - State	$	7,427,416	$	7,427,416	35444
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,817,547	$	15,817,547	35445
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	35446
GRF	235480	General Technology Operations	$	500,000	$	500,000	35447
GRF	235483	Technology Integration and Professional Development	$	3,378,598	$	2,703,598	35448
GRF	235501	State Share of Instruction	$	1,789,699,580	$	~~1,818,225,497~~ 1,821,325,497	35449
GRF	235502	Student Support Services	$	632,974	$	632,974	35450
GRF	235504	War Orphans Scholarships	$	5,500,000	$	5,500,000	35451
GRF	235507	OhioLINK	$	6,211,012	$	6,211,012	35452
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	35453
GRF	235510	Ohio Supercomputer Center	$	3,747,418	$	3,747,418	35454
GRF	235511	Cooperative Extension Service	$	23,086,658	$	23,056,658	35455
GRF	235514	Central State Supplement	$	11,063,468	$	11,063,468	35456
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	35457
GRF	235516	Wright State Lake Campus Agricultural Program	$	200,000	$	0	35458
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	35459
GRF	235520	Shawnee State Supplement	$	2,326,097	$	2,326,097	35460
GRF	235523	Youth STEM Commercialization and Entrepreneurship Program	$	2,000,000	$	3,000,000	35461
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	35462
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	35463
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	35464
GRF	235535	Ohio Agricultural Research and Development Center	$	34,126,100	$	34,629,970	35465
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	35466
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	35467
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	35468
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	35469
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	35470
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	35471
GRF	235552	Capital Component	$	13,628,639	$	10,280,387	35472
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	35473
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	35474
GRF	235558	Long-term Care Research	$	325,300	$	325,300	35475
GRF	235563	Ohio College Opportunity Grant	$	90,284,264	$	90,284,264	35476
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	35477
GRF	235599	National Guard Scholarship Program	$	16,711,514	$	17,384,511	35478
GRF	235909	Higher Education General Obligation Debt Service	$	~~221,168,700~~ 215,368,700	$	~~248,822,000~~ 245,822,000	35479
TOTAL GRF General Revenue Fund			$	~~2,331,062,630~~ 2,325,262,630	$	~~2,379,360,162~~ 2,379,460,162	35480

General Services Fund Group	35481

2200	235614	Program Approval and Reauthorization	$	903,595	$	903,595	35482
4560	235603	Sales and Services	$	199,250	$	199,250	35483
5JC0	235649	Co-op Internship Program	$	8,000,000	$	8,000,000	35484
5JC0	235668	Defense/Aerospace Workforce Development Initiative	$	4,000,000	$	4,000,000	35485
5JC0	235685	Manufacturing Workforce Development Initiative	$	2,000,000	$	0	35486
TOTAL GSF General Services							35487
Fund Group			$	15,102,845	$	13,102,845	35488

Federal Special Revenue Fund Group	35489

3120	235612	Carl D. Perkins Grant/Plan Administration	$	1,350,000	$	1,350,000	35490
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	35491
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	35492
3120	235672	H-1B Tech Skills Training	$	1,100,000	$	1,100,000	35493
3BW0	235630	Indirect Cost Recovery - Federal	$	50,000	$	50,000	35494
3H20	235608	Human Services Project	$	1,000,000	$	1,000,000	35495
TOTAL FED Federal Special Revenue							35496
Fund Group			$	21,535,671	$	21,535,671	35497

State Special Revenue Fund Group	35498

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	35499
4X10	235674	Telecommunity and Distance Learning	$	49,150	$	49,150	35500
5D40	235675	Conferences/Special Purposes	$	1,884,095	$	1,884,095	35501
5FR0	235643	Making Opportunity Affordable	$	230,000	$	230,000	35502
5P30	235663	Variable Savings Plan	$	8,066,920	$	8,104,370	35503
6450	235664	Guaranteed Savings Plan	$	1,290,718	$	1,303,129	35504
6820	235606	Nursing Loan Program	$	891,320	$	891,320	35505
TOTAL SSR State Special Revenue							35506
Fund Group			$	12,441,303	$	12,491,164	35507

Third Frontier Research & Development Fund Group	35508

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	35509
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	35510
TOTAL ALL BUDGET FUND GROUPS			$	~~2,388,142,449~~ 2,382,342,449	$	~~2,434,489,842~~ 2,434,589,842	35511

Sec. 365.10. DRC DEPARTMENT OF REHABILITATION AND CORRECTION

35513

General Revenue Fund	35514

GRF	501321	Institutional Operations	$	~~883,768,015~~ 895,799,933	$	~~873,724,802~~ 900,215,085	35515
GRF	501403	Prisoner Compensation	$	6,000,000	$	6,000,000	35516
GRF	501405	Halfway House	$	~~45,049,356~~ 48,399,340	$	~~46,024,108~~ 51,197,937	35517
GRF	501406	Lease Rental Payments	$	~~104,099,500~~ 103,099,500	$	99,534,800	35518
GRF	501407	Community Nonresidential Programs	$	~~34,187,858~~ 32,439,358	$	~~34,314,390~~ 36,062,890	35519
GRF	501408	Community Misdemeanor Programs	$	12,856,800	$	12,856,800	35520
GRF	501501	Community Residential Programs - CBCF	$	~~63,345,972~~ 64,224,472	$	~~66,150,781~~ 69,453,455	35521
GRF	503321	Parole and Community Operations	$	~~64,480,938~~ 66,102,094	$	~~65,029,680~~ 71,676,403	35522
GRF	504321	Administrative Operations	$	20,659,664	$	20,907,476	35523
GRF	505321	Institution Medical Services	$	~~243,289,774~~ 239,397,895	$	~~254,139,452~~ 251,994,058	35524
GRF	506321	Institution Education Services	$	19,102,051	$	19,112,418	35525
TOTAL GRF General Revenue Fund			$	~~1,496,839,928~~ 1,508,081,107	$	~~1,497,794,707~~ 1,539,011,322	35526

General Services Fund Group	35527

1480	501602	Institutional Services	$	3,139,577	$	3,139,577	35528
2000	501607	Ohio Penal Industries	$	41,393,226	$	40,609,872	35529
4830	501605	Property Receipts	$	582,086	$	582,086	35530
4B00	501601	Sewer Treatment Services	$	2,023,671	$	2,067,214	35531
4D40	501603	Prisoner Programs	$	17,499,255	$	17,499,255	35532
4L40	501604	Transitional Control	$	1,113,120	$	1,113,120	35533
4S50	501608	Education Services	$	4,114,782	$	4,114,782	35534
5710	501606	Training Academy Receipts	$	125,000	$	125,000	35535
5930	501618	Laboratory Services	$	3,750,000	$	0	35536
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	35537
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	35538
5L60	501611	Information Technology Services	$	250,000	$	250,000	35539
TOTAL GSF General Services Fund Group			$	77,430,717	$	72,940,906	35540

Federal Special Revenue Fund Group	35541

3230	501619	Federal Grants	$	7,132,943	$	7,132,943	35542
TOTAL FED Federal Special Revenue							35543
Fund Group			$	7,132,943	$	7,132,943	35544

TOTAL ALL BUDGET FUND GROUPS

~~1,581,403,588~~ 1,592,644,767

~~1,577,868,556~~ 1,619,085,171

35545

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	35546
SENTENCING REFORMS	35547

For the purposes of implementing criminal sentencing reforms,	35548
and notwithstanding any other provision of law to the contrary,	35549
the Director of Budget and Management, at the request of the	35550
Director of Rehabilitation and Correction, may transfer up to	35551
$14,000,000 in appropriations, in each of fiscal years 2014 and	35552
2015, from appropriation item 501321, Institutional Operations, to	35553
any combination of appropriation items 501405, Halfway House;	35554
501407, Community Residential Programs; 501408, Community	35555
Misdemeanor Programs; and 501501, Community Residential Programs -	35556
CBCF.	35557

LEASE RENTAL PAYMENTS

35558

The foregoing appropriation item 501406, Lease Rental	35559
Payments, shall be used to meet all payments at the times they are	35560
required to be made during the period from July 1, 2013, through	35561
June 30, 2015, by the Department of Rehabilitation and Correction	35562
under the primary leases and agreements for those buildings made	35563
under Chapters 152. and 154. of the Revised Code. These	35564
appropriations are the source of funds pledged for bond service	35565
charges on related obligations issued under Chapters 152. and 154.	35566
of the Revised Code.	35567

OSU MEDICAL CHARGES

35568

Notwithstanding section 341.192 of the Revised Code, at the	35569
request of the Department of Rehabilitation and Correction, The	35570
Ohio State University Medical Center, including the Arthur G.	35571
James Cancer Hospital and Richard J. Solove Research Institute and	35572
the Richard M. Ross Heart Hospital, shall provide necessary care	35573
to persons who are confined in state adult correctional	35574
facilities. The provision of necessary care shall be billed to the	35575
Department at a rate not to exceed the authorized reimbursement	35576
rate for the same service established by the Department of	35577
Medicaid under the Medicaid Program.	35578

CORRECTIVE CASH TRANSFER

35579

At the request of the Director of Rehabilitation and	35580
Correction, the Director of Budget and Management may transfer an	35581
amount not to exceed $2,391 in cash that was mistakenly deposited	35582
in the Federal Grants Fund (Fund 3230) to the General Revenue	35583
Fund.	35584

Sec. 395.10. TAX DEPARTMENT OF TAXATION

35585

General Revenue Fund	35586

GRF	110321	Operating Expenses	$	72,568,330	$	67,968,332	35587
GRF	110404	Tobacco Settlement Enforcement	$	178,200	$	178,200	35588
GRF	110901	Property Tax Allocation - Taxation	$	~~666,640,000~~ 658,640,000	$	~~678,255,600~~ 673,255,600	35589
TOTAL GRF General Revenue Fund			$	~~739,386,530~~ 731,386,530	$	~~746,402,132~~ 741,402,132	35590

General Services Fund Group	35591

2280	110628	Revenue Enhancement	$	15,500,000	$	~~17,500,000~~ 17,100,000	35592
4330	110602	Tape File Account	$	175,000	$	175,000	35593
5BP0	110639	Wireless 9-1-1 Administration	$	290,000	$	290,000	35594
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	35595
5MN0	110638	STARS Development and Implementation	$	5,000,000	$	3,000,000	35596
5N50	110605	Municipal Income Tax Administration	$	150,000	$	150,000	35597
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	35598
5V80	110623	Property Tax Administration	$	11,978,310	$	~~11,978,310~~ 11,178,310	35599
5W70	110627	Exempt Facility Administration	$	49,500	$	49,500	35600
TOTAL GSF General Services							35601
Fund Group			$	33,492,810	$	~~33,492,810~~ 32,292,810	35602

State Special Revenue Fund Group	35603

4350	110607	Local Tax Administration	$	20,000,000	$	~~20,700,000~~ 20,300,000	35604
4360	110608	Motor Vehicle Audit	$	1,459,609	$	1,459,609	35605
4370	110606	Income Tax Contribution	$	38,800	$	38,800	35606
4380	110609	School District Income Tax	$	5,802,044	$	~~5,802,044~~ 5,402,044	35607
4C60	110616	International Registration Plan	$	682,415	$	682,415	35608
4R60	110610	Tire Tax Administration	$	244,193	$	244,193	35609
5V70	110622	Motor Fuel Tax Administration	$	5,035,374	$	5,035,374	35610
6390	110614	Cigarette Tax Enforcement	$	1,750,000	$	1,750,000	35611
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	35612
6880	110615	Local Excise Tax Administration	$	775,015	$	775,015	35613
TOTAL SSR State Special Revenue							35614
Fund Group			$	36,287,450	$	~~36,987,450~~ 36,187,450	35615

Agency Fund Group	35616

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	35617
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	35618
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	35619

Holding Account Redistribution Fund Group	35620

R010	110611	Tax Distributions	$	50,000	$	50,000	35621
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	35622
TOTAL 090 Holding Account							35623
Redistribution Fund Group			$	100,000	$	100,000	35624
TOTAL ALL BUDGET FUND GROUPS			$	~~2,377,066,790~~ 2,369,066,790	$	~~2,384,782,392~~ 2,377,782,392	35625

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

35626

The foregoing appropriation item 110901, Property Tax	35627
Allocation - Taxation, is hereby appropriated to pay for the	35628
state's costs incurred due to the Homestead Exemption, the	35629
Manufactured Home Property Tax Rollback, and the Property Tax	35630
Rollback. The Tax Commissioner shall distribute these funds	35631
directly to the appropriate local taxing districts, except for	35632
school districts, notwithstanding the provisions in sections	35633
321.24 and 323.156 of the Revised Code, which provide for payment	35634
of the Homestead Exemption, the Manufactured Home Property Tax	35635
Rollback, and Property Tax Rollback by the Tax Commissioner to the	35636
appropriate county treasurer and the subsequent redistribution of	35637
these funds to the appropriate local taxing districts by the	35638
county auditor.	35639

Upon receipt of these amounts, each local taxing district	35640
shall distribute the amount among the proper funds as if it had	35641
been paid as real property taxes. Payments for the costs of	35642
administration shall continue to be paid to the county treasurer	35643
and county auditor as provided for in sections 319.54, 321.26, and	35644
323.156 of the Revised Code.	35645

Any sums, in addition to the amounts specifically	35646
appropriated in appropriation item 110901, Property Tax Allocation	35647
- Taxation, for the Homestead Exemption, the Manufactured Home	35648
Property Tax Rollback, and the Property Tax Rollback payments,	35649
which are determined to be necessary for these purposes, are	35650
hereby appropriated.	35651

MUNICIPAL INCOME TAX

35652

The foregoing appropriation item 110995, Municipal Income	35653
Tax, shall be used to make payments to municipal corporations	35654
under section 5745.05 of the Revised Code. If it is determined	35655
that additional appropriations are necessary to make such	35656
payments, such amounts are hereby appropriated.	35657

TAX REFUNDS

35658

The foregoing appropriation item 110635, Tax Refunds, shall	35659
be used to pay refunds under section 5703.052 of the Revised Code.	35660
If it is determined that additional appropriations are necessary	35661
for this purpose, such amounts are hereby appropriated.	35662

INTERNATIONAL REGISTRATION PLAN AUDIT

35663

The foregoing appropriation item 110616, International	35664
Registration Plan, shall be used under section 5703.12 of the	35665
Revised Code for audits of persons with vehicles registered under	35666
the International Registration Plan.	35667

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

35668

Of the foregoing appropriation item 110607, Local Tax	35669
Administration, the Tax Commissioner may disburse funds, if	35670
available, for the purposes of paying travel expenses incurred by	35671
members of Ohio's delegation to the Streamlined Sales Tax Project,	35672
as appointed under section 5740.02 of the Revised Code. Any travel	35673
expense reimbursement paid for by the Department of Taxation shall	35674
be done in accordance with applicable state laws and guidelines.	35675

TOBACCO SETTLEMENT ENFORCEMENT

35676

The foregoing appropriation item 110404, Tobacco Settlement	35677
Enforcement, shall be used by the Tax Commissioner to pay costs	35678
incurred in the enforcement of divisions (F) and (G) of section	35679
5743.03 of the Revised Code.	35680

STARS DEVELOPMENT AND IMPLEMENTATION FUND

35681

The foregoing appropriation item 110638, STARS Development	35682
and Implementation Fund, shall be used to pay costs incurred in	35683
the development and implementation of the department's State Tax	35684
Accounting and Revenue System. The Director of Budget and	35685
Management, under a plan submitted by the Tax Commissioner, or as	35686
otherwise determined by the Director of Budget and Management,	35687
shall set a schedule to transfer cash from the Tax Reform System	35688
Implementation Fund, Local Tax Administration Fund, School	35689
District Income Tax Fund, Discovery Project Fund, and the Motor	35690
Fuel Tax Administration Fund to the credit of the STARS	35691
Development and Implementation Fund (Fund 5MN0). The transfers of	35692
cash shall not exceed $8,000,000 in the biennium.	35693

Sec. 403.10. DVS DEPARTMENT OF VETERANS SERVICES

35694

General Revenue Fund	35695

GRF	900321	Veterans' Homes	$	27,369,946	$	~~27,369,946~~ 26,992,608	35696
GRF	900402	Hall of Fame	$	107,075	$	107,075	35697
GRF	900408	Department of Veterans Services	$	2,001,823	$	~~2,001,823~~ 2,379,161	35698
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	7,542,600	$	9,914,800	35699
TOTAL GRF General Revenue Fund			$	37,021,444	$	39,393,644	35700

General Services Fund Group	35701

4840	900603		Veterans' Homes Services		$	1,596,894		$	1,596,894		35702
TOTAL GSF General Services Fund Group					$	1,596,894		$	1,596,894		35703

Federal Special Revenue Fund Group	35704

3680	900614	Veterans Training	$	684,017	$	697,682	35705
3740	900606	Troops to Teachers	$	111,822	$	111,879	35706
3BX0	900609	Medicare Services	$	2,250,000	$	2,250,000	35707
3L20	900601	Veterans' Homes Operations - Federal	$	24,887,790	$	25,634,423	35708
TOTAL FED Federal Special Revenue							35709
Fund Group			$	27,933,629	$	28,693,984	35710

State Special Revenue Fund Group	35711

4E20	900602	Veterans' Homes Operating	$	10,614,652	$	10,837,435	35712
6040	900604	Veterans' Homes Improvement	$	403,663	$	459,359	35713
TOTAL SSR State Special Revenue							35714
Fund Group			$	11,018,315	$	11,296,794	35715

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	35716

7041	900615	Veteran Bonus Program - Administration	$	738,703	$	629,709	35717
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	14,500,000	$	9,400,000	35718
TOTAL 041 Persian Gulf,							35719
Afghanistan, and Iraq							35720
Compensation Fund Group			$	15,238,703	$	10,029,709	35721
TOTAL ALL BUDGET FUND GROUPS			$	92,808,985	$	91,011,025	35722

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	35723
OBLIGATION DEBT SERVICE	35724

The foregoing appropriation item 900901, Persian Gulf,	35725
Afghanistan and Iraq Compensation Debt Service, shall be used to	35726
pay all debt service and related financing costs during the period	35727
from July 1, 2013, through June 30, 2015, on obligations issued	35728
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	35729
purposes under sections 151.01 and 151.12 of the Revised Code.	35730

Sec. 512.70. ~~PROHIBITION ON TRANSFERS~~FISCAL YEAR 2014	35731
GENERAL REVENUE FUND ENDING BALANCE	35732

Notwithstanding section 131.44 of the Revised Code, ~~cash~~	35733
~~shall not be transferred to the Income Tax Reduction Fund prior to~~	35734
~~July 1, 2015~~any surplus revenue, as that term is defined in that	35735
section, that exists on June 30, 2014, to the extent of the amount	35736
so determined, shall be allocated as follows after the transfer of	35737
cash to the Budget Stabilization Fund (Fund 7013) required under	35738
division (B)(1)(a) of section 131.44 of the Revised Code:	35739

(A) First, the Director of Budget and Management shall	35740
transfer a cash amount of up to $300,000,000 from the General	35741
Revenue Fund to the Medicaid Reserve Fund (Fund 5Y80).	35742

(B) Second, to the extent surplus revenue remains after the	35743
allocation in division (A) of this section, the Director shall	35744
reserve in the General Revenue Fund any cash amount that the	35745
Director and the Tax Commissioner jointly determine is necessary	35746
to offset the cost of accelerating the income tax reduction for	35747
taxable year 2015, as specified in division (A)(8) of section	35748
5747.02 of the Revised Code, as amended by Am. Sub. H.B. 483 of	35749
the 130th General Assembly, to taxable years beginning in 2014.	35750

(C)(1) Third, to the extent surplus revenue remains after the	35751
allocation in division (B) of this section, the Director shall	35752
transfer to the Small Business Deduction Augmentation Fund (Fund	35753
5PN0), which is hereby created, the amount of the remaining	35754
surplus revenue that the Director and the Tax Commissioner jointly	35755
determine is necessary to offset the cost of an additional	35756
deduction for Ohio small business investor income. The additional	35757
deduction shall not exceed twenty-five per cent of a taxpayer's	35758
Ohio small business investor income.	35759

(2) The additional deduction shall apply only to taxable	35760
years beginning in 2014.	35761

(3)(a) If the additional deduction equals twenty-five per	35762
cent of a taxpayer's Ohio small business investor income, the	35763
combined deduction allowed under this section and division (A)(31)	35764
of section 5747.01 of the Revised Code shall not exceed $93,750	35765
for each spouse if spouses file separate returns under section	35766
5747.08 of the Revised Code or $187,500 for all other taxpayers.	35767

(b) If the additional deduction is less than twenty-five per	35768
cent of a taxpayer's Ohio small business investor income, the	35769
maximum combined deduction amounts prescribed in division	35770
(C)(3)(a) of this section shall be reduced in the same proportion	35771
that the percentage of the combined deduction is less than	35772
seventy-five per cent.	35773

(4) No pass-through entity may claim a deduction under this	35774
section.	35775

(5) For the purposes of sections 5747.21, 5747.22, and	35776
5748.01 of the Revised Code, the deduction allowed under this	35777
section is a deduction under division (A)(31) of section 5747.01	35778
of the Revised Code.	35779

(6) On or after January 1, 2015, the Director may transfer	35780
money from the Small Business Deduction Augmentation Fund to the	35781
General Revenue Fund, the Local Government Fund, and the Public	35782
Library Fund as necessary to offset revenue reductions resulting	35783
from the additional deduction allowed under this division.	35784

(7) For the purposes of this section, "Ohio small business	35785
investor income" has the same meaning as in division (A)(31) of	35786
section 5747.01 of the Revised Code.	35787

(D) Fourth, the Director shall reserve in the General Revenue	35788
Fund any cash from the surplus revenue remaining after the	35789
allocation in division (C) of this section.	35790

Sec. 512.80. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

35791

There is hereby established in the Highway Operating Fund	35792
(Fund 7002), used by the Department of Transportation, a Diesel	35793
Emissions Reduction Grant Program. The Director of Environmental	35794
Protection shall administer the program and shall solicit,	35795
evaluate, score, and select projects submitted by public and	35796
private entities that are eligible for the federal Congestion	35797
Mitigation and Air Quality (CMAQ) Program. The Director of	35798
Transportation shall process Federal Highway	35799
Administration-approved projects as recommended by the Director of	35800
Environmental Protection.	35801

In addition to the allowable expenditures set forth in	35802
section 122.861 of the Revised Code, Diesel Emissions Reduction	35803
Grant Program funds also may be used to fund projects involving	35804
the purchase or use of hybrid and alternative fuel vehicles that	35805
are allowed under guidance developed by the Federal Highway	35806
Administration for the CMAQ Program.	35807

Public entities eligible to receive funds under section	35808
122.861 of the Revised Code and CMAQ shall be reimbursed from	35809
moneys in the Highway Operating Fund (Fund 7002) designated for	35810
the Department of Transportation's Diesel Emissions Reduction	35811
Grant Program.	35812

Private entities eligible to receive funds under section	35813
122.861 of the Revised Code and CMAQ shall be reimbursed through	35814
transfers of cash from moneys in the Highway Operating Fund (Fund	35815
7002) designated for the Department of Transportation's Diesel	35816
Emissions Reduction Grant Program to the Diesel Emissions	35817
Reduction Fund (Fund 3FH0), used by the Environmental Protection	35818
Agency, or at the direction of the local public agency sponsor and	35819
upon approval of the Department of Transportation, through direct	35820
payments to the vendor in the prorated share of federal/state	35821
participation. Total expenditures between both the Environmental	35822
Protection Agency from appropriation item 715693, Diesel Emissions	35823
Reduction Grants and the Department of Transportation from the	35824
Highway Operating Fund (Fund 7002) for the Diesel Emissions	35825
Reduction Grant Program shall not exceed ~~the amounts appropriated~~	35826
~~in this act for appropriation item 715693, Diesel Emissions~~	35827
~~Reduction Grants~~$10,000,000 in FY 2014 and $10,000,000 in FY	35828
2015.	35829

On or before June 30, 2014, the Director of Environmental	35830
Protection may certify to the Director of Budget and Management	35831
the amount of any unencumbered balance of the foregoing	35832
appropriation item 715693, Diesel Emissions Reduction Grants, for	35833
fiscal year 2014 to be used for the same purpose in fiscal year	35834
2015. Once the certification permitted under this section has been	35835
submitted and approved by the Director of Budget and Management,	35836
the amount approved ~~is hereby~~may be appropriated for fiscal year	35837
2015.	35838

Any cash transfers or allocations under this section	35839
represent CMAQ program moneys within the Department of	35840
Transportation for use by the Diesel Emissions Reduction Grant	35841
Program by the Environmental Protection Agency. These allocations	35842
shall not reduce the amount of such moneys designated for	35843
metropolitan planning organizations.	35844

The Director of Environmental Protection, in consultation	35845
with the ~~directors of Development Services and~~Director of	35846
Transportation, shall develop guidance for the distribution of	35847
funds and for the administration of the Diesel Emissions Reduction	35848
Grant Program. The guidance shall include a method of	35849
prioritization for projects, acceptable technologies, and	35850
procedures for awarding grants.	35851

Sec. 751.10. RECOVERY REQUIRES A COMMUNITY PROGRAM

35852

The Department of Mental Health and Addiction Services, in	35853
consultation with the Department of Medicaid, shall administer the	35854
Recovery Requires a Community Program to identify individuals	35855
residing in nursing facilities who can be successfully moved into	35856
a community setting with the aid of community non-Medicaid	35857
services.	35858

The Director of Mental Health and Addiction Services and the	35859
Medicaid Director shall agree upon an amount representing the	35860
savings realized from decreased nursing facility utilization to be	35861
transferred within the biennium from the Department of Medicaid to	35862
the Department of Mental Health and Addiction Services to support	35863
non-Medicaid program costs for individuals moving into community	35864
settings.	35865

~~Of the foregoing appropriation item 651525, Medicaid/Health~~	35866
~~Care Services, the Medicaid Director shall transfer the amount~~	35867
~~agreed upon representing the savings from the General Revenue Fund~~	35868
~~to the Sale of Goods and Services Fund (Fund 1490). The transfer~~	35869
~~shall be made using an intrastate transfer voucher. The~~	35870
~~transferred cash is hereby appropriated to appropriation item~~	35871
~~335609, Community Operating/Planning.~~	35872

The Director of Mental Health and Addiction Services and the	35873
Medicaid Director shall certify the agreed upon amount to the	35874
Director of Budget and Management. Upon receipt of the	35875
certification, the Director of Budget and Management may increase	35876
appropriation item 335504, Community Innovations, up to the amount	35877
of the certification and decrease appropriation item 651525,	35878
Medicaid/Health Care Services, by an equal amount.	35879

Section 610.21. That existing Sections 207.10, 209.30,	35880
221.10, 241.10, 245.10, 257.10, 257.20, 259.10, 259.210, 263.10,	35881
263.40, 263.230, 263.240, 263.250, 263.270, 263.320, 263.325,	35882
275.10, 282.10, 282.30, 285.10, 285.20, 301.10, 301.33, 301.40,	35883
301.143, 327.10, 327.83, 333.10, 333.80, 340.10, 349.10, 359.10,	35884
363.10, 365.10, 395.10, 403.10, 512.70, 512.80, and 751.10 of Am.	35885
Sub. H.B. 59 of the 130th General Assembly are hereby repealed.	35886

Section 630.10. That Sections 207.100, 207.250, 207.340,	35887
207.440, 221.10, 223.10, 223.30, 223.40, 239.10, 253.330, 269.10,	35888
509.80, and 701.50 of Am. H.B. 497 of the 130th General Assembly	35889
be amended to read as follows:	35890

Sec. 207.100. CCC CUYAHOGA COMMUNITY COLLEGE

35891

Higher Education Improvement Fund (Fund 7034)	35892

C37838	Structural Concrete Repairs	$	7,000,000	35893
C37839	Roof Repair and Replacements	$	2,900,000	35894
C37840	Workforce Economic Development Renovations	$	1,700,000	35895
C37841	St. Vincent Charity Medical Center - Geriatric Behavioral Health Project	$	500,000	35896
C37842	Playhouse Square Ohio Theatre	$	1,500,000	35897
C37843	Cleveland Museum of Art - Final Phase	$	2,000,000	35898
C37844	Rock and Roll Hall of Fame	$	1,060,522	35899
TOTAL Higher Education Improvement Fund		$	~~15,600,000~~ 16,660,522	35900
TOTAL ALL FUNDS		$	~~15,600,000~~ 16,660,522	35901

Sec. 207.250. OTC OWENS COMMUNITY COLLEGE

35903

Higher Education Improvement Fund (Fund 7034)	35904

C38816	Penta Renovations	$	4,750,000	35905
C38826	College Hall Renovation	$	750,000	35906
C38827	Manufacturing Training Simulators	$	290,000	35907
C38828	ProMedica Transformative Low Income Medical Senior Housing	$	250,000	35908
TOTAL Higher Education Improvement Fund		$	~~5,790,000~~ 6,040,000	35909
TOTAL ALL FUNDS		$	~~5,790,000~~ 6,040,000	35910

Sec. 207.340. UTO UNIVERSITY OF TOLEDO

35912

Higher Education Improvement Fund (Fund 7034)	35913

C34058	Campus Energy Cost Reduction Project	$	1,500,000	35914
C34067	Anatomy Specimen Storage Facility	$	3,500,000	35915
C34068	Academic Technology and Renovation Projects	$	3,000,000	35916
C34069	Campus Infrastructure Improvements	$	3,000,000	35917
C34070	NW Ohio Plastics Training Center	$	2,000,000	35918
C34071	Elevator Safety Repairs and Replacements	$	2,000,000	35919
C34072	Building Automation System Upgrades	$	1,500,000	35920
C34073	Mechanical System Improvements	$	1,500,000	35921
C34074	Backbone Core Router Replacements	$	1,600,000	35922
C34075	Network Infrastructure Replacement	$	1,400,000	35923
C34076	Northwest Ohio Food Partnership Center	$	1,000,000	35924
C34077	Mercy College Science Facilities Expansion and Renovation	$	500,000	35925
C34078	Northwest Ohio Workforce Development and Advanced Manufacturing Training Center	$	1,000,000	35926
~~C34079~~	~~Promedica Transformative Low Income Medical Senior Housing~~	$	~~250,000~~	35927
TOTAL Higher Education Improvement Fund		$	~~23,750,000~~ 23,500,000	35928
TOTAL ALL FUNDS		$	~~23,750,000~~ 23,500,000	35929

Sec. 207.440. The Ohio Public Facilities Commission is hereby	35931
authorized to issue and sell, in accordance with Section 2n of	35932
Article VIII, Ohio Constitution, and Chapter 151. and particularly	35933
sections 151.01 and 151.04 of the Revised Code, original	35934
obligations in an aggregate principal amount not to exceed	35935
~~$506,000,000~~$507,000,000, in addition to the original issuance of	35936
obligations heretofore authorized by prior acts of the General	35937
Assembly. These authorized obligations shall be issued, subject to	35938
applicable constitutional and statutory limitations, as needed to	35939
provide sufficient moneys to the credit of the Higher Education	35940
Improvement Fund (Fund 7034) and the Higher Education Improvement	35941
Taxable Fund (Fund 7024) to pay costs of capital facilities as	35942
defined in sections 151.01 and 151.04 of the Revised Code for	35943
state-supported and state-assisted institutions of higher	35944
education.	35945

Sec. 221.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	35946
SERVICES	35947

Mental Health Facilities Improvement Fund (Fund 7033)	35948

C58001	Community Assistance Projects	$	15,000,000	35949
C58007	Infrastructure Renovations	$	2,000,000	35950
C58021	Providence House	$	191,640	35951
C58022	Talbert House	$	300,000	35952
C58023	Cornerstone of Hope Butterfly Treehouse	$	40,000	35953
C58024	Bellefaire Jewish Children's Home	$	1,500,000	35954
C58025	Nancy's Place Replacement	$	500,000	35955
C58026	Cocoon Shelter	$	47,500	35956
TOTAL Mental Health Facilities Improvement Fund		$	19,579,140	35957
TOTAL ALL FUNDS		$	19,579,140	35958

COMMUNITY ASSISTANCE PROJECTS

35959

The foregoing appropriation for the Department of Mental	35960
Health and Addiction Services, C58001, Community Assistance	35961
Projects, may be used for facilities constructed or to be	35962
constructed pursuant to Chapter 340., 3793., 5119., 5123., or	35963
5126. of the Revised Code or the authority granted by section	35964
154.20 of the Revised Code and the rules issued pursuant to those	35965
chapters and shall be distributed by the Department of Mental	35966
Health and Addiction Services subject to Controlling Board	35967
approval. Of the forgoing appropriation item C58001, Community	35968
Assistance Projects, $5,000,000 shall be used to expand access to	35969
recovery housing in accordance with the guidelines contained in	35970
Section 327.83 of Am. Sub. H.B. 59 of the 130th General Assembly,	35971
as amended by Am. Sub. H.B. 483 of the 130th General Assembly.	35972

Sec. 223.10. DNR DEPARTMENT OF NATURAL RESOURCES

35973

Wildlife Fund (Fund 7015)	35974

C725K9		Wildlife Area Building Development/Renovations		$	6,400,000		35975
TOTAL Wildlife Fund				$	6,400,000		35976

Administrative Building Fund (Fund 7026)	35977

C725D5	Fountain Square Telephone Improvements	$	2,250,000	35978
C725D7	MARCS Equipment	$	2,490,150	35979
C725E0	DNR Fairgrounds Areas Upgrading	$	485,000	35980
C725N7	District Office Renovations	$	2,000,000	35981
TOTAL Administrative Building Fund		$	7,225,150	35982

Ohio Parks and Natural Resources Fund (Fund 7031)	35983

C72549	Facilities Development	$	1,250,000	35984
~~C72599~~	~~State Parks, Campgrounds, Lodges, Cabins~~	$	~~2,600,000~~	35985
C725C2	Canals Hydraulics Work and Support Facilities	$	200,000	35986
C725E1	Local Parks Projects Statewide	$	~~11,366,525~~ 7,945,485	35987
C725E5	Project Planning	$	2,749,000	35988
C725J0	Natural Areas/Preserves Maintenance/Facilities	$	1,000,000	35989
C725K0	State Park Renovations/Upgrading	$	~~13,027,940~~ 1,027,940	35990
C725N5	Wastewater/Water Systems Upgrades	$	12,055,000	35991
C725N8	Operations Facilities Development	$	2,500,000	35992
C72501	The Wilds	$	500,000	35993
C725T3	Healthy Lake Erie Initiative	$	10,000,000	35994
C725U0	~~Savanna Ridge Enterprise Zone -~~ Cleveland ~~Metroparks Zoo~~ Zoological Society Savannah Ridge Project	$	500,000	35995
TOTAL Ohio Parks and Natural Resources Fund		$	~~57,748,465~~ 39,727,425	35996

Parks and Recreation Improvement Fund (Fund 7035)	35997

C725A0	State Parks, Campgrounds, Lodges, Cabins	$	~~42,050,000~~ 44,650,000	35998
C725B2	State Park Maintenance Facility Development	$	3,000,000	35999
C725B5	Buckeye Lake Dam Rehabilitation	$	4,000,000	36000
C725E2	Local Parks Projects	$	~~35,639,595~~ 47,006,120	36001
C725E6	Project Planning	$	5,901,000	36002
C725M5	Lake Erie Island State Park/Middle Bass Island State Park	$	6,000,000	36003
C725R3	State Park Renovations Upgrades	$	12,000,000	36004
C725R4	Dam Rehabilitation - Parks	$	41,100,000	36005
TOTAL Parks and Recreation Improvement Fund		$	~~137,690,595~~ 163,657,120	36006

Clean Ohio Trail Fund (Fund 7061)	36007

C72514		Clean Ohio Trail Fund		$	12,500,000		36008
TOTAL Clean Ohio Trail Fund				$	12,500,000		36009

Waterways Safety Fund (Fund 7086)	36010

C725A7	Cooperative Funding for Boating Facilities	$	9,200,000	36011
C725N9	Operations Facilities Development	$	820,000	36012
C725Q6	Facilities Development	$	5,363,274	36013
TOTAL Waterways Safety Fund		$	15,383,274	36014
TOTAL ALL FUNDS		$	~~236,947,484~~ 244,892,969	36015

FEDERAL REIMBURSEMENT

36016

All reimbursements received from the federal government for	36017
any expenditures made pursuant to this section shall be deposited	36018
in the state treasury to the credit of the ~~Parks and Recreation~~	36019
~~Improvement Fund (Fund 7035)~~fund from which the expenditure	36020
originated.	36021

~~LOCAL PARK PROJECTS STATEWIDE~~

36022

~~Of the foregoing appropriation item C725E1, Local Parks~~	36023
~~Projects Statewide, an amount equal to two per cent of the~~	36024
~~projects listed may be used by the Department of Natural Resources~~	36025
~~for the administration of local projects, $3,500,000 shall be used~~	36026
~~for the Flats East Gateway and Riverfront Park, $1,000,000 shall~~	36027
~~be used for the City of Celina Boardwalk, $1,000,000 shall be used~~	36028
~~for the Middletown River Center, $1,000,000 shall be used for the~~	36029
~~Voice of America Multi-Purpose Field and Athletic Complex,~~	36030
~~$1,000,000 shall be used for the Euclid Waterfront Improvements~~	36031
~~Plan - Phase II Implementation, $875,000 shall be used for the~~	36032
~~Preble County Agricultural Facility Improvements, $500,000 shall~~	36033
~~be used for the New Economy Neighborhood - Phase II, $500,000~~	36034
~~shall be used for the Nimisila Spillway Replacement Project,~~	36035
~~$350,000 shall be used for the Perry Township Park Lakeshore~~	36036
~~Stabilization, $300,000 shall be used for the Fairfield Sports~~	36037
~~Complex Entrance, $250,000 shall be used for the Riverfront~~	36038
~~Enhancement, $250,000 shall be used for the Earl Thomas Conley~~	36039
~~Riverside Park Campground, $150,000 shall be used for the Treasure~~	36040
~~Island River Corridor Improvement, $150,000 shall be used for the~~	36041
~~Russ Nature Reserve, $100,000 shall be used for the Hillsboro~~	36042
~~North High Trail and Pedestrian Bridge, $100,000 shall be used for~~	36043
~~the PASA Field Lighting, $100,000 shall be used for the Gallipolis~~	36044
~~Riverfront Project – Phase I, $80,000 shall be used for the Black~~	36045
~~River Landing Pavilion, $50,000 shall be used for the Loudonville~~	36046
~~Public Swimming Pool, $35,000 shall be used for the A.S.K.~~	36047
~~Playground, $30,000 shall be used for the Medina Community~~	36048
~~Recreation Center, $25,000 shall be used for the Newbury Veterans'~~	36049
~~Memorial Park, and $21,525 shall be used for the Black Swamp~~	36050
~~Education Center Parking Lot.~~	36051

LOCAL PARKS PROJECTS

36052

Of the foregoing appropriation item C725E2, Local Parks	36053
Projects, an amount equal to two per cent of the projects listed	36054
may be used by the Department of Natural Resources for the	36055
administration of local projects, $15,000,000 shall be used for	36056
the Veterans Memorial, $5,000,000 shall be used for the City of	36057
Cleveland - Lakefront Access Project, $4,000,000 shall be used for	36058
the Banks Project - Phase IIIA, $1,500,000 shall be used for the	36059
Fifth Third Field Sports Plaza, $1,500,000 shall be used for the	36060
Lima Stadium Park, $1,000,000 shall be used for the Little Miami	36061
Scenic Trail- Bridge Construction, $500,000 shall be used for the	36062
Shaker Heights Van Aken District, $500,000 shall be used for the	36063
Cascade Plaza Renovation, $500,000 shall be used for the Olentangy	36064
Greenway Trail Highbanks Connector, $500,000 shall be used for	36065
Hilliard Station Park, $500,000 shall be used for the MidPointe	36066
Crossing - Swift Park, $500,000 shall be used for the Smale	36067
Riverfront Park, $500,000 shall be used for the Green Township	36068
Harrison Avenue Hike/Bike Fitness Trail, $300,000 shall be used	36069
for the Historic Loveland Bike Trail Parking Spur, $400,000 shall	36070
be used for the City of Sylvania River Trail, $285,545 shall be	36071
used for the Celina Westview Park Quad, $250,000 shall be used for	36072
the New Bremen Lions Park Development, $250,000 shall be used for	36073
the Montgomery County Agricultural Facility Improvements, $250,000	36074
shall be used for Northam Park, $250,000 shall be used for the	36075
Urban Youth Academy - Roselawn Park, $250,000 shall be used for	36076
the Miamisburg Riverfront Park, $218,000 shall be used for Laurel	36077
Park, Winesburg, $165,000 shall be used for the Fredericktown Bike	36078
Path, $150,000 shall be used for the Logan County Agricultural	36079
Facility Improvements, $150,000 shall be used for the Help All	36080
Kids Play Hilliard Fields Sports Complex, $150,000 shall be used	36081
for York Township Park, $150,000 shall be used for Eastview Park,	36082
$120,000 shall be used for the Shelby County Agricultural Facility	36083
Improvements, $100,000 shall be used for the Ohio to Erie Trail,	36084
$100,000 shall be used for Mt. Vernon Foundation Park, $100,000	36085
shall be used for the Shanes Park Expansion, $92,000 shall be used	36086
for the Defiance County Agricultural Facility Improvements,	36087
$50,000 shall be used for the Moonville Rail Trail Bridges and	36088
Construction, $50,000 shall be used for the All-Pro Freight	36089
Stadium Improvements, $50,000 shall be used for the Bowling Green	36090
Nature Center, $49,000 shall be used for the Lynchburg Old School	36091
Park, $45,000 shall be used for the Bruce L. Chapin Bridge -	36092
Northcoast Inland Trail, $40,000 shall be used for Pyramid Hill	36093
Sculpture Park, $35,000 shall be used for Coldwater Memorial Park,	36094
$32,300 shall be used for the Norwalk Soccer Shelter, $30,000	36095
shall be used for the Round Town Bike Trail, and $27,750 shall be	36096
used for the Shalersville Park Walking Trail, $3,500,000 shall be	36097
used for the Flats East Gateway and Riverfront Park, $1,000,000	36098
shall be used for the City of Celina Boardwalk, $1,000,000 shall	36099
be used for the Middletown River Center, $1,000,000 shall be used	36100
for the Voice of America Multi-Purpose Field and Athletic Complex,	36101
$1,000,000 shall be used for the Euclid Waterfront Improvements	36102
Plan - Phase II Implementation, $875,000 shall be used for the	36103
Preble County Agricultural Facility Improvements, $500,000 shall	36104
be used for the New Economy Neighborhood - Phase II, $500,000	36105
shall be used for the Nimisila Spillway Replacement Project,	36106
$350,000 shall be used for the Perry Township Park Lakeshore	36107
Stabilization, $300,000 shall be used for the Fairfield Sports	36108
Complex Entrance, $250,000 shall be used for the Riverfront	36109
Enhancement, $250,000 shall be used for the Earl Thomas Conley	36110
Riverside Park Campground, $150,000 shall be used for the Treasure	36111
Island River Corridor Improvement, $150,000 shall be used for the	36112
Russ Nature Reserve, $100,000 shall be used for the Hillsboro	36113
North High Trail and Pedestrian Bridge, $100,000 shall be used for	36114
the PASA Field Lighting, $100,000 shall be used for the Gallipolis	36115
Riverfront Project – Phase I, $80,000 shall be used for the Black	36116
River Landing Pavilion, $50,000 shall be used for the Loudonville	36117
Public Swimming Pool, $35,000 shall be used for the A.S.K.	36118
Playground, $30,000 shall be used for the Medina Community	36119
Recreation Center, $25,000 shall be used for the Newbury Veterans'	36120
Memorial Park, and $21,525 shall be used for the Black Swamp	36121
Education Center Parking Lot.	36122

Sec. 223.30. The Ohio Public Facilities Commission is hereby	36123
authorized to issue and sell, in accordance with Section 2l of	36124
Article VIII, Ohio Constitution, and Chapter 151. and particularly	36125
sections 151.01 and 151.05 of the Revised Code, original	36126
obligations in an aggregate principal amount not to exceed	36127
~~$58,000,000~~$40,000,000 in addition to the original issuance of	36128
obligations heretofore authorized by prior acts of the General	36129
Assembly. These authorized obligations shall be issued, subject to	36130
applicable constitutional and statutory limitations, as needed to	36131
provide sufficient moneys to the credit of the Ohio Parks and	36132
Natural Resources Fund (Fund 7031) to pay costs of capital	36133
facilities as defined in sections 151.01 and 151.05 of the Revised	36134
Code.	36135

Sec. 223.40. The Treasurer of State is hereby authorized to	36136
issue and sell, in accordance with Section 2i of Article VIII,	36137
Ohio Constitution, and Chapter 154. of the Revised Code,	36138
particularly section 154.22 of the Revised Code, original	36139
obligations in an aggregate principal amount not to exceed	36140
~~$139,000,000~~$165,000,000, in addition to the original issuance of	36141
obligations heretofore authorized by prior acts of the General	36142
Assembly. These authorized obligations shall be issued, subject to	36143
applicable constitutional and statutory limitations, as needed to	36144
provide sufficient moneys to the credit of the Parks and	36145
Recreation Improvement Fund (Fund 7035) to pay the costs of	36146
capital facilities for parks and recreation as defined in section	36147
154.01 of the Revised Code.	36148

Sec. 239.10. FCC FACILITIES CONSTRUCTION COMMISSION

36149

Lottery Profits Education Fund (Fund 7017)	36150

C23014		Classroom Facilities Assistance Program – Lottery Profits		$	100,000,000		36151
TOTAL Lottery Profits Education Fund				$	100,000,000		36152

Public School Building Fund (Fund 7021)	36153

C230V9		School Security Grants		$	17,345,000		36154
TOTAL Public School Building Fund				$	17,345,000		36155

Administrative Building Fund (Fund 7026)	36156

C23016	Energy Conservation Projects	$	3,000,000	36157
C230E5	State Agency Planning/Assessment	$	500,000	36158
TOTAL Administrative Building Fund		$	3,500,000	36159

Cultural and Sports Facilities Building Fund (Fund 7030)	36160

C23022	Woodward Opera House Redevelopment	$	100,000	36161
C23023	OHS - Ohio History Center Exhibit Replacement	$	840,750	36162
C23024	OHS - Statewide Site Exhibit Renovation	$	420,000	36163
C23025	OHS - Statewide Site Repairs	$	1,152,700	36164
C23027	OHS - Zoar Village Building Restoration	$	502,500	36165
C23028	OHS - Basic Renovations and Emergency Repairs	$	850,000	36166
C23030	OHS - Rankin House State Memorial	$	653,000	36167
C23031	OHS - Harding Home State Memorial	$	250,000	36168
C23032	OHS - Ohio Historical Center Rehabilitation	$	985,000	36169
C23033	OHS - Stowe House State Memorial	$	300,000	36170
C23038	OHS - Fort Amanda State Memorial	$	395,000	36171
C23042	Tecumseh - Sugarloaf Mountain Amphitheatre	$	33,500	36172
C23044	OHS - Ohio River Museum	$	52,200	36173
C23045	OHS - Lockington Locks Stabilization	$	358,900	36174
C23057	OHS - Online Portal to Ohio's Heritage	$	1,246,000	36175
C23059	Lake Erie Nature and Science Center	$	300,000	36176
C23068	Huntington House	$	75,000	36177
C23077	Columbus Museum of Art: Expansion and Renovation Phase 3	$	1,101,000	36178
C23083	Stan Hywet Hall & Gardens Restoration	$	1,560,522	36179
C23091	Ohio Theatre - Toledo	$	201,000	36180
C23098	Twin City Opera House	$	400,000	36181
C230A1	Preble County Historical Society	$	50,000	36182
C230A6	Secrest Auditorium Renovation	$	125,000	36183
C230B1	Karamu House	$	1,060,522	36184
C230C5	OHS - Collections Storage Facility Object Evaluation	$	212,000	36185
C230C6	OHS - Historic Site Signage	$	300,000	36186
C230C8	OHS - Serpent Mound	$	397,900	36187
C230D1	OHS – Great Circle Earthworks	$	75,000	36188
C230D4	OHS - Fort Laurens	$	45,000	36189
C230E6	OHS - Exhibits for Native American Sites	$	500,000	36190
C230E7	OHS - Hayes Presidential Center	$	50,000	36191
C230E8	OHS - Armstrong Air and Space Museum	$	45,000	36192
C230E9	OHS - Museum of Ceramics	$	223,850	36193
C230F1	OHS - Campus Martius Museum	$	145,200	36194
C230F2	Second Century Project	$	200,000	36195
C230F3	Stuart's Opera House	$	500,000	36196
C230F4	The Gordon, Hauss, Folk Company Mill	$	250,000	36197
C230F5	Thatcher Temple Art Building	$	37,500	36198
C230F6	Fitton Center for Creative Arts	$	100,000	36199
C230F7	Oxford Community Arts Center	$	450,000	36200
C230F8	Gammon House Improvements	$	75,000	36201
C230F9	Clark State Community College Performing Arts Center	$	275,000	36202
C230G1	Murphy Theatre	$	150,000	36203
C230G2	Johnson-Humrick House Museum	$	57,960	36204
C230G3	Public artPARK	$	200,000	36205
C230G4	Schines Art Park	$	357,500	36206
C230G5	Bedford Historical Society	$	100,000	36207
C230G6	Rainey Institute - Safe Parking	$	$125,000	36208
C230G7	Ukrainian Museum - Archives	$	125,000	36209
C230G8	Cleveland African American Museum Restoration and Expansion	$	150,000	36210
C230G9	Great Lakes Science Center Omnimax Theatre	$	500,000	36211
C230H1	Cleveland Music School Settlement - Burke Mansion Performing Arts Center	$	255,000	36212
C230H2	Cozad Bates House	$	365,131	36213
C230H3	Beck Center	$	402,349	36214
C230H5	University Hospital Seidman Cancer Center Proton Therapy Center	$	500,000	36215
C230H7	Western Reserve Historical Society	$	750,000	36216
C230H9	Gordon Square Arts District	$	1,000,000	36217
~~C230J1~~	~~Rock and Roll Hall of Fame~~	$	~~1,060,522~~	36218
C230J4	Cleveland Museum of Natural History	$	2,500,000	36219
C230J5	Phillis Wheatley - Hunter's Cove House	$	350,000	36220
C230J6	West Side Market Renovation	$	500,000	36221
C230J7	Cardinal Center	$	75,000	36222
C230J8	War of 1812 Bicentennial Native American Bowery Education Center	$	24,913	36223
C230J9	St. Clair Memorial Hall	$	500,000	36224
C230K1	Historic Strand Theatre Renovation	$	150,000	36225
C230K2	Delaware Veterans Memorial Plaza	$	320,000	36226
C230K3	African-American Legacy Project	$	75,000	36227
C230K4	Ohio Glass Museum Furnace System	$	10,000	36228
C230K5	Saylor House and Reese-Peters House Preservation	$	20,000	36229
C230K6	Victoria Opera House Restoration Phase 2	$	30,000	36230
C230K7	Georgian Museum Storage Facility	$	30,000	36231
C230K8	Sherman House Museum	$	35,000	36232
C230K9	Washington Court House Auditorium Project	$	100,000	36233
C230L1	McCoy Community Center of the Arts - Video Projection System	$	50,000	36234
C230L2	Glass Axis Relocation	$	150,000	36235
C230L3	Harmony Project	$	300,000	36236
C230L4	CCAD Cinematic Arts and Motion Capture Studio and Auditorium	$	750,000	36237
C230L5	Columbus Theater-Based Community Development Project	$	1,000,000	36238
C230L6	Franklin Park Conservatory Joint Recreation District	$	1,000,000	36239
C230L7	Sauder Village - 1920 Homestead	$	300,000	36240
C230L8	Fulton County Visitor and Heritage Center	$	1,000,000	36241
C230L9	Ariel-Ann Carson Dater Performing Arts Centre	$	100,000	36242
C230M1	French Art Colony/Riverby Theatre Guild	$	100,000	36243
C230M2	Geauga County Historical Society	$	56,000	36244
C230M3	Chardon Lyric Theatre	$	50,000	36245
C230M4	Chardon Heritage House	$	200,000	36246
C230M5	Incline Theater Project	$	550,000	36247
C230M6	Cincinnati Art Museum - Make Room for Art	$	825,000	36248
C230M7	Hamilton County Memorial Hall	$	2,000,000	36249
C230M8	Cincinnati Zoo	$	2,000,000	36250
C230M9	Union Terminal Restoration	$	5,000,000	36251
C230N1	Cincinnati Music Hall Revitalization	$	5,000,000	36252
C230N2	Kan Du Community Arts Center	$	520,000	36253
C230N3	Findlay Central Auditorium	$	1,000,000	36254
C230N4	Appalachian Forest Museum	$	100,000	36255
C230N5	Logan Theater	$	25,000	36256
C230N6	Willard Train Viewing Platform	$	50,000	36257
C230N7	Markay Theatre Renovation	$	150,000	36258
C230N8	Grand Theater Restoration Project	$	140,000	36259
C230N9	South Leroy Historic Meeting House Restoration	$	15,000	36260
C230P1	Willoughby Fine Arts Association - Facility Expansion	$	500,000	36261
C230P2	Ironton Cultural Arts Operations Facility	$	100,000	36262
C230P3	Sterling Theater Revitalization Project	$	200,000	36263
C230P4	Logan County Veterans' Memorial Hall	$	250,000	36264
C230P5	Columbia Station 1812 Block House Project	$	28,000	36265
C230P6	Avon Isle Renovation Phase 2	$	82,775	36266
C230P7	Oberlin Gasholder Building/Underground Railroad Center	$	200,000	36267
C230P8	Carnegie Building Renovation	$	500,000	36268
C230P9	Toledo Zoo	$	750,000	36269
C230Q1	Imagination Station Improvements	$	695,000	36270
C230Q2	War of 1812 Exhibit	$	35,000	36271
C230Q3	Columbus Zoo and Aquarium	$	1,000,000	36272
C230Q4	Toledo Repertoire Theatre	$	150,000	36273
C230Q5	Valentine Theatre Initiative	$	136,000	36274
C230Q6	Southern Park Historic District	$	250,000	36275
C230Q7	Butler Institute of Art	$	279,717	36276
C230Q8	Stambaugh Auditorium	$	500,000	36277
C230Q9	Marion Palace Theatre	$	731,000	36278
C230R1	Bradford Rail Museum	$	275,000	36279
C230R2	K12 and TEJAS Building Project	$	50,000	36280
C230R3	River Run Murals Project	$	82,500	36281
C230R4	Dayton Contemporary Dance Company Studio Renovations	$	125,000	36282
C230R5	Wright Company Factory Project	$	250,000	36283
C230R6	Victoria Theatre and Metropolitan Arts Center	$	825,000	36284
C230R7	Preserving & Updating the Historic Dayton Art Institute	$	2,198,500	36285
C230R8	National Ceramic Museum and Heritage Center Renovation	$	100,000	36286
C230R9	Opera House Project	$	100,000	36287
C230S1	Tecumseh Theater - Opera House Restoration	$	140,000	36288
C230S2	Perry County Historical and Cultural Arts Center	$	341,600	36289
C230S3	Hayden Auditorium - Hiram	$	260,854	36290
C230S4	Majestic Theater Renovation	$	36,000	36291
C230S5	Lucy Webb Hayes Heritage Center Exterior Replacement and Restoration	$	100,000	36292
C230S6	Pumphouse Center for the Arts	$	130,000	36293
C230S7	Historic Sidney Theatre	$	500,000	36294
C230S8	Pro Football Hall of Fame	$	10,000,000	36295
C230S9	Park Theater Renovation	$	159,078	36296
C230T1	Akron Civic Theater	$	530,261	36297
C230T2	John Brown House and Grounds	$	50,000	36298
C230T3	Hale Farm	$	500,000	36299
C230T4	Urichsville Clay Museum	$	150,000	36300
C230T5	Mason Historical Society	$	350,000	36301
C230T6	Cincinnati Zoo - Big Cat Facility	$	1,000,000	36302
C230T7	Historic Theatre Restoration	$	500,000	36303
C230T8	County Line Historical Society	$	46,000	36304
C230T9	Pemberville Opera House Elevator Project	$	220,000	36305
C230U1	Wood County Historical Center & Museum Accessibility Project	$	600,000	36306
C230U2	Avon Lake - Folger House	$	150,000	36307
C230U3	DeYor Performing Arts Center	$	100,000	36308
TOTAL Cultural and Sports Facilities Building Fund		$	~~76,400,704~~ 75,340,182	36309

School Building Program Assistance Fund (Fund 7032)	36310

C23002	School Building Program Assistance	$	575,000,000	36311
TOTAL School Building Program Assistance Fund		$	575,000,000	36312
TOTAL ALL FUNDS		$	~~754,900,704~~ 771,185,182	36313

SCHOOL SECURITY GRANTS

36314

The foregoing appropriation item C230V9, School Security	36315
Grants, shall be used by the School Facilities Commission to	36316
provide funding to all public and chartered nonpublic schools for	36317
the purchase and installation of one Multi-Agency Radio	36318
Communications System (MARCS) unit per school building and a	36319
security door system, consisting of a security camera, an	36320
intercom, and remote access, at one main entrance per school	36321
building. If law enforcement agencies with jurisdiction over all	36322
or a portion of the geographical area of a public or chartered	36323
nonpublic school do not use MARCS, a public or chartered nonpublic	36324
school may purchase one emergency communications system compatible	36325
with the system or systems in use by law enforcement agencies with	36326
jurisdiction over the school territory. A public or chartered	36327
nonpublic school may apply to the School Facilities Commission for	36328
reimbursement up to $2,000 for one MARCS unit or other emergency	36329
communications system per school building and up to $5,000 for	36330
costs incurred with the purchase of a security door system	36331
installed on or after January 1, 2013. A public or chartered	36332
nonpublic school may receive reimbursement for either a MARCS unit	36333
or another emergency communications system, but not both. A school	36334
previously awarded funds for one of the grant items under this	36335
program may not receive a second award for that same grant item.	36336

STATE AGENCY PLANNING/ASSESSMENT

36337

The foregoing appropriation item C230E5, State Agency	36338
Planning/Assessment, shall be used by the Facilities Construction	36339
Commission to provide assistance to any state agency for	36340
assessment, capital planning, and maintenance management.	36341

GEAUGA COUNTY HISTORICAL SOCIETY

36342

Of the foregoing appropriation item C230M2, Geauga County	36343
Historical Society, $12,000 shall be used for Geauga Historical	36344
Society – White Barn Restoration, $18,000 shall be used for Geauga	36345
Historical Society – Maple Museum, and $26,000 shall be used for	36346
Geauga Historical Society – Lennah Bond Center.	36347

SCHOOL BUILDING PROGRAM ASSISTANCE

36348

The foregoing appropriation item C23002, School Building	36349
Program Assistance, shall be used by the School Facilities	36350
Commission to provide funding to school districts that receive	36351
conditional approval from the Commission pursuant to Chapter 3318.	36352
of the Revised Code.	36353

Reappropriations

Sec. 253.330. UCN UNIVERSITY OF CINCINNATI

36354

Higher Education Improvement Fund (Fund 7034)				36355
C26530	Medical Science Building Renovation and Expansion	$	9,700,000	36356
C26553	Developmental Neurobiology	$	294,637	36357
C26586	People Working Cooperatively	$	100,000	36358
C26604	Barrett Cancer Center	$	26,765	36359
C26606	Hebrew Union College	$	119,167	36360
C26615	Beech Acres	$	3,665	36361
~~C26616~~	~~Forest Park Homeland Security Facility~~	$	~~50,000~~	36362
C26628	Rieveschl 500 Teaching Lab	$	67,303	36363
C26657	Blue Ash City Conference Center	$	150,000	36364
C26666	Snyder Building Roof Replacement - Clermont	$	1,455,000	36365
C26669	General Electric Aviation Research Center	$	4,850,000	36366
C26671	Muntz Hall Renovations, 100 Level	$	298,290	36367
C26673	MRI Pilot Microfactory	$	77,600	36368
C26675	Kettering Lab – Mechanical and Electrical Renovation	$	286,152	36369
C26680	Muntz Hall Rehabilitation – Phase 1	$	1,150,000	36370
C26681	Institutional Roof Replacements	$	815,000	36371
C26686	Hamilton County Fairgrounds Improvements	$	50,000	36372
TOTAL Higher Education Improvement Fund		$	19,443,579	36373
TOTAL ALL FUNDS		$	19,443,579	36374

KETTERING LAB – MECHANICAL AND ELECTRICAL RENOVATION

36375

The amount reappropriated for the foregoing appropriation	36376
item C26675, Kettering Lab – Mechanical and Electrical Renovation,	36377
is the unencumbered and unallotted balance as of June 30, 2014, in	36378
appropriation item C26675, Kettering Lab - Mechanical and	36379
Electrical Renovation, plus the unencumbered and unallotted	36380
balance as of June 30, 2014, in appropriation items C26541,	36381
Student Services, and C26571, Gas Turbine Spray Combustion.	36382

MUNTZ HALL REHABILITATION – PHASE 1

36383

The amount reappropriated for the foregoing appropriation	36384
item C26680, Muntz Hall Rehabilitation - Phase 1, is the	36385
unencumbered and unallotted balance as of June 30, 2014, in	36386
appropriation item C26680, Muntz Hall Rehabilitation - Phase 1,	36387
plus the unencumbered and unallotted balance as of June 30, 2014,	36388
in appropriation items C26502, Raymond Walters Renovations, and	36389
C26667, Muntz Hall Roof Replacement – Blue Ash.	36390

INSTITUTIONAL ROOF REPLACEMENTS

36391

The amount reappropriated for the foregoing appropriation	36392
item C26681, Institutional Roof Replacements, is the unencumbered	36393
and unallotted balance as of June 30, 2014, in appropriation item	36394
C26681, Institutional Roof Replacements, plus the unencumbered and	36395
unallotted balance as of June 30, 2014, in appropriation item	36396
C26665, Health Professions Building Roof Repairs.	36397

HAMILTON COUNTY FAIRGROUNDS IMPROVEMENTS

36398

The amount reappropriated for the foregoing appropriation	36399
item C26686, Hamilton County Fairgrounds Improvements, is the	36400
unencumbered and unallotted balance as of June 30, 2014, in	36401
appropriation item C26686, Hamilton County Fairgrounds	36402
Improvements, plus the unencumbered and unallotted balance as of	36403
June 30, 2014, in appropriation item C26616, Forest Park Homeland	36404
Security Facility.	36405

Reappropriations

Sec. 269.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	36406
SERVICES	36407

Mental Health Facilities Improvement Fund (Fund 7033)				36408
C58000	Hazardous Materials Abatement	$	121,250	36409
C58001	Community Assistance Projects	$	485,000	36410
C58004	Demolition	$	145,500	36411
C58006	Patient Care/Environment Improvement	$	291,000	36412
C58007	Infrastructure Renovations	$	485,000	36413
C58008	Emergency Improvements	$	291,000	36414
C58009	Patient Environment Improvement Consolidation	$	1,202	36415
C58010	Campus Consolidation	$	4,850,000	36416
C58020	Mandel Jewish Community Center	$	210,000	36417
TOTAL Mental Health Facilities Improvement Fund		$	6,879,952	36418
TOTAL ALL FUNDS		$	6,879,952	36419

INFRASTRUCTURE RENOVATIONS

36420

The amount reappropriated for the foregoing appropriation	36421
item C58007, Infrastructure Renovations, is the unencumbered and	36422
unallotted balance as of June 30, 2014, plus $2,225,572. Prior to	36423
the expenditure of this reappropriation, the Director of Mental	36424
Health and Addiction Services shall certify to the Director of	36425
Budget and Management canceled encumbrances in the amount of at	36426
least $2,225,572.	36427

Sec. 509.80. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND	36428
MANAGEMENT	36429

The Director of Budget and Management shall authorize both of	36430
the following:	36431

(A) The initial release of moneys for projects from the funds	36432
into which proceeds of direct obligations of the state are	36433
deposited; and	36434

(B) The expenditure or encumbrance of moneys from funds into	36435
which proceeds of direct obligations are deposited, only after	36436
determining to the director's satisfaction that either of the	36437
following applies:	36438

(1) The application of such moneys to the particular project	36439
will not negatively affect any ~~exemption or~~ exclusion ~~from federal~~	36440
~~income tax~~ of the interest or interest equivalent on obligations,	36441
issued to provide moneys to the particular fund from the	36442
calculation of gross income for federal income tax purposes under	36443
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1,	36444
as amended.	36445

(2) Moneys for the project will come from the proceeds of	36446
federally taxable obligations, the interest on which is not so	36447
excluded ~~or exempt~~from the calculation of gross income for	36448
federal income tax purposes and which have been authorized as	36449
~~"taxable obligations"~~and issued on that basis by ~~the~~their	36450
issuing authority.	36451

~~The~~In the event the director ~~shall report any nonrelease of~~	36452
~~moneys pursuant to this section to the Governor, the presiding~~	36453
~~officer of each house of the General Assembly, and the agency for~~	36454
~~the use of which the project is intended~~determines that the	36455
condition set forth in division (B)(1) of this section does not	36456
apply, and that there is no existing fund in the state treasury to	36457
enable compliance with the condition set forth in division (B)(2)	36458
of this section, the director may create a fund in the state	36459
treasury for the purpose of receiving proceeds of federally	36460
taxable obligations. The director may establish capital	36461
appropriation items in that taxable bond fund that correspond to	36462
the preexisting capital appropriation items in the associated	36463
tax-exempt bond fund. The director also may transfer capital	36464
appropriations in whole or in part between the taxable and	36465
tax-exempt bond funds within a particular purpose for which the	36466
bonds have been authorized.	36467

Sec. 701.50. DISASTER SERVICES

36468

Notwithstanding any other provision of law, upon the request	36469
of the Department of Public Safety, the Controlling Board may	36470
approve the transfer of up to ~~$4,000,000~~$8,000,000 from the	36471
Disaster Services Fund (Fund 5E20) to a fund and appropriation	36472
item used by the Department of Public Safety for Putnam County	36473
flood mitigation projects. Moneys in the designated fund shall be	36474
awarded to the local public agency that is leading the projects.	36475

Section 630.11. That existing Sections 207.100, 207.250,	36476
207.340, 207.440, 221.10, 223.10, 223.30, 223.40, 239.10, 253.330,	36477
269.10, 509.80, and 701.50 of Am. H.B. 497 of the 130th General	36478
Assembly are hereby repealed.	36479

Section 640.10. That Section 9 of Am. Sub. S.B. 206 of the	36480
130th General Assembly be amended to read as follows:	36481

Sec. 9. All items in this section are hereby appropriated as	36482
designated out of any moneys in the state treasury to the credit	36483
of the designated fund. For all appropriations made in this act,	36484
those in the first column are for fiscal year 2014 and those in	36485
the second column are for fiscal year 2015. The appropriations	36486
made in this act are in addition to any other appropriations made	36487
for the FY 2014-FY 2015 biennium.	36488

Appropriations

JMO JOINT MEDICAID OVERSIGHT COMMITTEE	36489

General Revenue Fund	36490

GRF	048321	Operating Expenses	$	350,000	$	500,000	36491
TOTAL GRF General Revenue Fund			$	350,000	$	500,000	36492
TOTAL ALL BUDGET FUND GROUPS			$	350,000	$	500,000	36493

OPERATING EXPENSES

36494

The foregoing appropriation item 048321, Operating Expenses,	36495
shall be used to support expenses related to the Joint Medicaid	36496
Oversight Committee created by section 103.41 of the Revised Code.	36497

On July 1, 2014, or as soon as possible thereafter, the	36498
Executive Director of the Joint Medicaid Oversight Committee may	36499
certify to the Director of Budget and Management the amount of the	36500
unexpended, unencumbered balance of the foregoing appropriation	36501
item 048321, Operating Expenses, at the end of fiscal year 2014 to	36502
be reappropriated to fiscal year 2015. The amount certified is	36503
hereby reappropriated to the same appropriation item for fiscal	36504
year 2015.	36505

Section 640.11. That existing Section 9 of Am. Sub. S.B. 206	36506
of the 130th General Assembly is hereby repealed.	36507

Section 690.10. That Section 747.40 of Am. Sub. H.B. 59 of	36508
the 130th General Assembly is hereby repealed.	36509

Section 701.20. The compensation and reimbursement for	36510
expenses added by this act to section 103.41 of the Revised Code	36511
are available to only a member of the Joint Medicaid Oversight	36512
Committee whose term in the General Assembly begins on or after	36513
the effective date of this section.	36514

Section 719.10. On and after the effective date of this act,	36515
the full-time judge of the Avon Lake Municipal Court, who prior to	36516
the effective date of this act was the part-time judge of that	36517
court, shall perform the duties of a full-time judge of a	36518
municipal court, shall receive the salary specified in law for a	36519
full-time judge of a municipal court, and shall be subject to any	36520
restriction specified in law for a full-time judge of a municipal	36521
court.	36522

Section 729.10. (A)(1) There is hereby created the Criminal	36523
Justice Recodification Committee, consisting of twenty-one	36524
members. Two members shall be members of the Senate, appointed by	36525
the President of the Senate. Two members shall be members of the	36526
House of Representatives, appointed by the Speaker of the House of	36527
Representatives. One member shall be the Director of	36528
Rehabilitation and Correction or the Director's individual	36529
designee. One member shall be the Director of Youth Services or	36530
the Director's individual designee. Three members, not more than	36531
two of whom shall be members of the same political party, shall be	36532
judges jointly appointed by the President of the Senate and the	36533
Speaker of the House of Representatives after consulting with the	36534
Chief Justice of the Supreme Court, with each judge being a judge	36535
of a court of appeals, judge of a court of common pleas, judge of	36536
a municipal court, or judge of a county court. The following	36537
twelve members, not more than seven of whom shall be members of	36538
the same political party, shall be jointly appointed by the	36539
President of the Senate and the Speaker of the House of	36540
Representatives after consulting with the appropriate state	36541
associations, if any, that are represented by these members: one	36542
sheriff; one peace officer of a municipal corporation or township;	36543
three prosecutors, each of whom is a county prosecuting attorney	36544
or a full-time city prosecuting attorney; three attorneys whose	36545
practice of law primarily involves the representation of criminal	36546
defendants; one member of the Ohio State Bar Association; one	36547
representative of community corrections programs; one	36548
representative of community addiction services providers or	36549
community mental health services providers; and one representative	36550
of a juvenile justice organization.	36551

All appointed members of the Committee shall be appointed by	36552
the specified appointing authority not later than thirty days	36553
after the effective date of this section. All members of the	36554
Committee who are elected officials and whose term of office	36555
expires prior to January 1, 2016, shall serve until the expiration	36556
of their term of office. Any vacancy on the Committee shall be	36557
filled in the same manner as the original appointment.	36558

When the President of the Senate and the Speaker of the House	36559
of Representatives make their appointments to the Committee, they	36560
shall consider adequate representation by race and gender.	36561

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

36562

(a) "Community addiction services provider" and "community	36563
mental health services provider" have the same meanings as in	36564
section 5119.01 of the Revised Code.	36565

(b) "Community corrections programs" has the same meaning as	36566
in section 5149.30 of the Revised Code.	36567

(B) The Committee initially shall meet not later than sixty	36568
days after the effective date of this act. At its initial meeting,	36569
the Committee shall organize, select a Chairperson and	36570
Vice-chairperson and any other necessary officers, and adopt rules	36571
to govern its proceedings. The Committee shall meet as necessary	36572
at the call of the Chairperson or on the written request of seven	36573
or more of its members. Eleven members of the Committee constitute	36574
a quorum, and the votes of a majority of the quorum present shall	36575
be required to validate any action of the Committee. All business	36576
of the Committee shall be conducted in public meetings.	36577

The members of the Committee shall serve without	36578
compensation, but each member shall be reimbursed for the member's	36579
actual and necessary expenses incurred in the performance of the	36580
member's official duties on the Committee. In the absence of the	36581
Chairperson, the Vice-chairperson shall perform the duties of the	36582
Chairperson.	36583

(C) The Committee has the same powers as other standing or	36584
select committees of the General Assembly. The Committee may	36585
consult with, and seek and obtain research and technical services	36586
and support from, any individual, organization, association,	36587
college, or university. All state and local government agencies	36588
and entities shall cooperate with the Committee in the performance	36589
of its duties under this section and Section 729.11 of this act.	36590

Section 729.11. (A) The Criminal Justice Recodification	36591
Committee shall study the existing criminal statutes of this	36592
state, with the goal of enhancing public safety and the	36593
administration of criminal justice in Ohio by eliminating	36594
duplication in those statutes, aligning those statutes with the	36595
purpose of defining a culpable mental state for all crimes,	36596
removing or revising crimes included in those statutes for which	36597
no culpable mental state is provided, and other appropriate	36598
measures. The Committee shall use the results of its study to	36599
develop and recommend to the General Assembly a comprehensive plan	36600
for revising the state's Criminal Code that is consistent with	36601
those specified goals of the study.	36602

(B) Not later than January 1, 2016, the Criminal Justice	36603
Recodification Committee shall recommend to the General Assembly a	36604
comprehensive plan for revising the state's Criminal Code that is	36605
consistent with the goals of the Committee's study that are	36606
specified in division (A) of this section.	36607

(C) Upon its submission to the General Assembly pursuant to	36608
division (B) of this section of its recommendations for a	36609
comprehensive plan for revising the state's Criminal Code, the	36610
Criminal Justice Recodification Committee shall cease to exist.	36611

Section 733.10. (A) As used in this section:

36612

(1) "Eligible individual" has the same meaning as in section	36613
3317.23 of the Revised Code as enacted by this act.	36614

(2) "Eligible institution" has the same meaning as in section	36615
3345.86 of the Revised Code as enacted by this act.	36616

(B) For fiscal year 2015, the combined enrollment in city,	36617
local, and exempted village school districts under division (B) of	36618
section 3317.23 of the Revised Code, joint vocational school	36619
districts under division (B) of section 3317.24 of the Revised	36620
Code, community school dropout prevention and recovery programs	36621
under division (A) of section 3314.38 of the Revised Code, and	36622
eligible institutions under division (B) of section 3345.86 of the	36623
Revised Code of individuals who are at least twenty-two years of	36624
age shall be limited to 1,000 eligible individuals on a full-time	36625
equivalency basis as determined by the Department of Education.	36626

Section 733.20. Not later than December 31, 2015, the	36627
Department of Education shall prepare and submit a report to the	36628
General Assembly, in accordance with section 101.68 of the Revised	36629
Code, regarding services provided to individuals who are at least	36630
twenty-two years of age under sections 3314.38, 3317.23, 3317.24,	36631
and 3345.86 of the Revised Code as enacted by this act.	36632

Section 733.30. The Ohio Retirement Study Council, in	36633
cooperation with the State Teachers Retirement Board, shall	36634
develop a procedure to determine if an individual having a license	36635
issued pursuant to sections 3319.22 to 3319.31 of the Revised Code	36636
and performing services that are funded under section 3317.06 of	36637
the Revised Code and provided to students attending nonpublic	36638
schools, without regard to whether the services are performed in a	36639
public school and whether the person is employed under a contract	36640
with a third party, is a teacher under the State Teachers	36641
Retirement System. The Ohio Retirement Study Council shall make	36642
their recommendation to the Board no later than December 31, 2014.	36643

Section 745.10. (A) There is hereby created the Maritime	36644
Port Funding Study Committee. The committee shall consist of the	36645
following ten members who shall be appointed not later than thirty	36646
days after the effective date of this section:	36647

(1) Two members of the Senate, one of whom shall be a member	36648
of the majority party and one of whom shall be a member of the	36649
minority party, both appointed by the President of the Senate;	36650

(2) Two members of the House of Representatives, one of whom	36651
shall be a member of the majority party and one of whom shall be a	36652
member of the minority party, both appointed by the Speaker of the	36653
House of Representatives;	36654

(3) Two members appointed by the Governor, one of whom shall	36655
be from the Ohio Department of Transportation and be knowledgeable	36656
about maritime ports and one of whom shall be from the Development	36657
Services Agency;	36658

(4) Four members appointed jointly by the President of the	36659
Senate and the Speaker of the House of Representatives, each of	36660
whom shall represent maritime port interests on behalf of a major	36661
maritime port and none of whom shall represent the same maritime	36662
port.	36663

(B) The Committee shall select a chairperson and	36664
vice-chairperson from among its members. The Committee first shall	36665
meet within one month after the effective date of this section at	36666
the call of the President of the Senate. Thereafter, the Committee	36667
shall meet at the call of its chairperson as necessary to carry	36668
out its duties. Members of the Committee are not entitled to	36669
compensation for serving on the Committee, but may continue to	36670
receive the compensation and benefits accruing from their regular	36671
offices or employments.	36672

(C) The Committee shall study alternative funding mechanisms	36673
for maritime ports in Ohio that may be utilized beginning in	36674
fiscal year 2016-2017. Not later than January 1, 2015, the Study	36675
Committee shall issue a report of its findings and recommendations	36676
to the Governor, the President of the Senate, the Minority Leader	36677
of the Senate, the Speaker of the House of Representatives, and	36678
the Minority Leader of the House of Representatives. After	36679
submitting the report, the Study Committee shall cease to exist.	36680

Section 745.20. Not later than January 23, 2015, the	36681
Department of Administrative Services, in consultation with the	36682
Department of Public Safety, shall submit a written recommendation	36683
to the 131st General Assembly that specifies a formula, method, or	36684
schedule by which user fees for the Multi-agency Radio	36685
Communications System may be reduced from their current amounts.	36686

Section 747.10. LICENSING PERIOD FOR TERMINAL DISTRIBUTORS OF	36687
DANGEROUS DRUGS	36688

In the case of a terminal distributor of dangerous drugs	36689
holding a license issued or renewed pursuant to section 4729.54 of	36690
the Revised Code that is valid on the effective date of this	36691
section, the license remains in effect until April 1, 2015, unless	36692
earlier revoked or suspended. The license holder is subject to the	36693
renewal schedule established by division (I) of section 4729.54 of	36694
the Revised Code, as amended by this act.	36695

Section 747.20. Rule 4781-1-02 of the Administrative Code,	36696
which requires the Manufactured Homes Commission headquarters to	36697
be in Dublin, Ohio, is void.	36698

Section 747.30. PRESCRIBER ACCESS TO OARRS

36699

As used in this section, "licensed health professional	36700
authorized to prescribe drugs" means an individual who is	36701
authorized by law to prescribe drugs, dangerous drugs, or drug	36702
therapy-related devices in the course of the individual's	36703
professional practice, including only the following: a dentist	36704
licensed under Chapter 4715. of the Revised Code, an advanced	36705
practice registered nurse who holds a certificate to prescribe	36706
issued under Chapter 4723. of the Revised Code, an optometrist	36707
licensed under Chapter 4725. of the Revised Code to practice	36708
optometry under a therapeutic pharmaceutical agents certificate, a	36709
physician assistant who holds a certificate to prescribe issued	36710
under Chapter 4730. of the Revised Code, and a physician	36711
authorized under Chapter 4731. of the Revised Code to practice	36712
medicine and surgery, osteopathic medicine and surgery, or	36713
podiatric medicine and surgery.	36714

Not later than January 1, 2015, each licensed health	36715
professional authorized to prescribe drugs who prescribes opioid	36716
analgesics or benzodiazepines and each pharmacist licensed under	36717
Chapter 4729. of the Revised Code shall obtain access to the drug	36718
database established and maintained by the State Board of Pharmacy	36719
pursuant to section 4729.75 of the Revised Code, unless the Board	36720
has restricted the professional or pharmacist from obtaining	36721
information from the database or the Board no longer maintains the	36722
database. Failure to comply with this section constitutes grounds	36723
for certificate or license suspension.	36724

Section 751.20. WORKFORCE INTEGRATION TASK FORCE

36725

(A) A workforce integration task force for individuals who	36726
are deaf or blind is hereby established within the Opportunities	36727
for Ohioans with Disabilities Agency. The task force shall be	36728
co-chaired by the Executive Director of the Opportunities for	36729
Ohioans with Disabilities Agency and the Director of the	36730
Department of Job and Family Services. The co-chairs shall appoint	36731
the members of the task force.	36732

(B) The task force shall collect data on the following	36733
regarding individuals who are deaf or blind in Ohio:	36734

(1) The average income levels for those individuals who are	36735
employed compared to those who are not employed;	36736

(2) The number of those individuals;

36737

(3) Where those individuals are geographically located;

36738

(4) The number of those individuals who are employed and in	36739
what job categories they are employed;	36740

(5) Whether barriers to employment exist for those	36741
individuals.	36742

(C) The task force shall use the data collected and any other	36743
information necessary to make recommendations regarding how those	36744
individuals may be more fully integrated into the workforce to	36745
increase employability and income parity. The task force shall	36746
issue a report of its findings and recommendations to the Governor	36747
not later than January 1, 2015. Upon issuance of its report, the	36748
task force ceases to exist.	36749

Section 751.35. OHIO WORKS FIRST EMPLOYMENT INCENTIVE PILOT	36750
PROGRAM	36751

(A) As used in this section, "TANF funds" means both of the	36752
following:	36753

(1) Federal funds provided under the temporary assistance for	36754
needy families block grant established by Title IV-A of the	36755
"Social Security Act," 42 U.S.C. 601, et seq.;	36756

(2) State maintenance of effort funds used to avoid a	36757
reduction in the federal funds specified in division (A)(1) of	36758
this section.	36759

(B) The Director of Job and Family Services shall establish	36760
the Ohio Works First Employment Incentive Pilot Program. The pilot	36761
program shall be operated for three years in counties served by	36762
five county departments of job and family services the Director	36763
selects. The Director may select county departments that serve one	36764
county, county departments that serve multiple counties, or both	36765
types of county departments. Subject to available TANF funds and	36766
in accordance with rules adopted under this section, the pilot	36767
program shall provide for a caseworker of a county department of	36768
job and family services participating in the pilot program	36769
receiving a bonus each time a former Ohio Works First participant	36770
who the caseworker helped find employment has not been an Ohio	36771
Works First participant for six months because the former	36772
participant ceased to qualify for Ohio Works First due to	36773
increased earned income resulting from the former participant's	36774
employment.	36775

(C) A county department of job and family services	36776
participating in the pilot program may contract with one or more	36777
private entities to perform tasks for the county department under	36778
the program.	36779

(D) The Director shall adopt rules in accordance with Chapter	36780
119. of the Revised Code to implement the pilot program, including	36781
rules that do all of the following:	36782

(1) Specify the bonus a caseworker is to receive under the	36783
pilot program;	36784

(2) Establish procedures to be used to do either of the	36785
following when more than one caseworker qualifies for the same	36786
bonus:	36787

(a) Determine which caseworker is to receive the bonus;

36788

(b) Divide the bonus among the caseworkers.

36789

(3) Address any other matters the Director considers	36790
necessary to implement the pilot program.	36791

(E) Not later than ninety days after the termination of the	36792
pilot program, the Director shall submit a report about the	36793
program to the Governor and, in accordance with section 101.68 of	36794
the Revised Code, the General Assembly. The Director shall make	36795
the report available to the public. The report shall include	36796
information about the pilot program's effectiveness in encouraging	36797
caseworkers to help Ohio Works First participants obtain	36798
employment and cease participation in Ohio Works First. The report	36799
also shall include recommendations for any changes that should be	36800
made to the pilot program before it is made permanent and expanded	36801
statewide.	36802

(F) The Department of Job and Family Services shall allocate	36803
$50,000 in fiscal year 2015 from appropriation item 600689, TANF	36804
Block Grant, in Am. Sub. H.B. 59 of the 130th General Assembly to	36805
each of the five county departments of job and family services	36806
participating in the Ohio Works First Employment Incentive Pilot	36807
Program. The county departments shall use the funds for the	36808
administrative expenses they incur in participating in the pilot	36809
program.	36810

Section 751.37. WORKGROUP TO HELP INDIVIDUALS TO CEASE	36811
RELYING ON PUBLIC ASSISTANCE	36812

(A) The Governor shall convene a workgroup to develop	36813
proposals to help individuals to cease relying on public	36814
assistance as defined in section 5101.26 of the Revised Code. Not	36815
later than thirty days after the effective date of this section,	36816
the Governor shall appoint all of the following to the workgroup:	36817

(1) The directors of the county departments of job and family	36818
services that serve the three most populous counties in the state;	36819

(2) The directors of three county departments of job and	36820
family services that serve rural counties;	36821

(3) The directors of three other county departments of job	36822
and family services;	36823

(4) Two county commissioners not more than one of whom serves	36824
an urban county and not more than one of whom serves a rural	36825
county.	36826

(B) A county commissioner or county department director	36827
appointed to the workgroup may designate another representative to	36828
serve in the commissioner's or director's place on the workgroup	36829
on a temporary or ongoing basis as needed. Members appointed to	36830
the workgroup and their designees shall serve without	36831
compensation, except to the extent that serving on the workgroup	36832
is part of their regular duties of employment.	36833

(C) The Governor shall designate one of the county department	36834
directors appointed to the workgroup to serve as the workgroup's	36835
chairperson. The workgroup shall meet at the chairperson's call.	36836

(D) The Department of Job and Family Services shall provide	36837
support staff and meeting space as necessary to facilitate the	36838
workgroup's work.	36839

(E) Not later than one hundred eighty days after the	36840
effective date of this section, the workgroup shall issue a report	36841
of the workgroup's proposals and the estimated cost to implement	36842
each proposal. The report shall be submitted to the Governor and,	36843
in accordance with section 101.68 of the Revised Code, the General	36844
Assembly. The report is a public record for the purpose of section	36845
149.43 of the Revised Code. The workgroup shall cease to exist on	36846
issuance of the report.	36847

Section 751.40. SUPPORT FOR START TALKING! INITIATIVE

36848

The Director of Mental Health and Addiction Services shall	36849
designate an employee who is certified as a prevention specialist	36850
by the Chemical Dependency Professionals Board to serve as	36851
coordinator for the Start Talking! Initiative and to assist with	36852
statewide efforts to prevent substance abuse among children.	36853

Section 751.110. RETURNING OFFENDERS

36854

(A) As used in this section:

36855

"Returning offender" means an individual who is released from	36856
confinement in a state correctional facility to live in the	36857
community on or after the effective date of this section.	36858

"State correctional facility" has the same meaning as in	36859
section 2967.01 of the Revised Code.	36860

(B) Subject to division (C) of this section, the boards of	36861
alcohol, drug addiction, and mental health services serving	36862
Cuyahoga, Franklin, Hamilton, Montgomery, and Summit counties	36863
shall prioritize the use of funds made available to the boards by	36864
the Department of Mental Health and Addiction Services under Am.	36865
Sub. H.B. 59 of the 130th General Assembly to temporarily assist	36866
returning offenders who have severe mental illnesses, severe	36867
substance use disorders, or both, and reside in the alcohol, drug	36868
addiction, and mental health service districts the boards serve,	36869
obtain Medicaid-covered community mental health services,	36870
Medicaid-covered community drug addiction services, or both. A	36871
board shall provide the temporary assistance to such a returning	36872
offender regardless of whether the returning offender resided in	36873
the district the board serves before being confined in a state	36874
correctional facility. Such a returning offender's priority for	36875
the temporary assistance shall end on the earlier of the	36876
following:	36877

(1) The date that the offender is enrolled in the Medicaid	36878
program or, if applicable, the date that the suspension of the	36879
offender's Medicaid eligibility ends pursuant to section 5163.45	36880
of the Revised Code;	36881

(2) Sixty days after the offender is released from	36882
confinement in a state correctional facility.	36883

(C) The assistance provided to returning offenders under this	36884
section shall not receive priority over community addiction	36885
services that are prioritized under section 340.15 of the Revised	36886
Code or the program for pregnant women with drug addictions	36887
developed under section 5119.17 of the Revised Code.	36888

Section 751.120. NURSING FACILITY BEHAVIORAL HEALTH ADVISORY	36889
WORKGROUP	36890

(A) There is hereby created the Nursing Facility Behavioral	36891
Health Advisory Workgroup. The Workgroup shall consist of all of	36892
the following members:	36893

(1) The Executive Director of the Governor's Office of Health	36894
Transformation or the Executive Director's designee;	36895

(2) The Director of Mental Health and Addiction Services or	36896
the Director's designee;	36897

(3) The Director of Health or the Director's designee;

36898

(4) The Medicaid Director or the Director's designee;

36899

(5) The State Long-Term Care Ombudsman or the Ombudsman's	36900
designee;	36901

(6) Two representatives from each of the following, appointed	36902
by the organization's chief executive officer or the individual	36903
serving in an equivalent capacity for the organization:	36904

(a) Ohio Health Care Association;

36905

(b) LeadingAge Ohio;

36906

36907

(d) The Academy of Senior Health Sciences.

36908

(7) Two members of the House of Representatives, one from the	36909
majority party and the other from the minority party, appointed by	36910
the Speaker of the House of Representatives;	36911

(8) Two members of the Senate, one from the majority party	36912
and the other from the minority party, appointed by the Senate	36913
President.	36914

(B) Members of the Workgroup shall be appointed not later	36915
than fifteen days after the effective date of this section.	36916
Vacancies shall be filled in the same manner as the original	36917
appointments. Each member shall serve without compensation or	36918
reimbursement for expenses incurred while serving on the	36919
Workgroup, except to the extent that serving on the Workgroup is	36920
considered to be among the member's employment duties.	36921

(C) The Executive Director of the Governor's Office of Health	36922
Transformation or the Executive Director's designee shall serve as	36923
chairperson of the Workgroup. The Department of Medicaid shall	36924
provide staff and other support services for the Workgroup.	36925

(D) The Workgroup shall develop recommendations for a pilot	36926
project to designate a total of not more than one thousand beds in	36927
discrete units of nursing facilities to serve individuals with	36928
behavioral health needs. The recommendations shall include both of	36929
the following:	36930

(1) Standards for designating the discrete units;

36931

(2) Standards for enhanced Medicaid payments for services	36932
provided in the discrete units.	36933

(E) Not later than December 31, 2014, the Workgroup shall	36934
submit a report to the General Assembly in accordance with section	36935
101.68 of the Revised Code. The report shall include the	36936
Workgroup's findings and recommendations the pilot project	36937
described in division (D) of this section.	36938

(F) The Workgroup shall cease to exist on submission of its	36939
report.	36940

Section 751.130. (A) There is hereby created the Adult	36941
Protective Services Funding Workgroup in the Department of Job and	36942
Family Services.	36943

(B) The Workgroup shall consist of the following members:

36944

(1) The Director of Job and Family Services or the Director's	36945
designee;	36946

(2) The Director of Budget and Management or the Director's	36947
designee;	36948

(3) The Director of Health Transformation or the Director's	36949
designee;	36950

(4) The Director of Aging or the Director's designee;

36951

(5) The Director of Mental Health and Addiction Services or	36952
the Director's designee;	36953

(6) The Director of Developmental Disabilities or the	36954
Director's designee;	36955

(7) A representative of the Office of the Governor, appointed	36956
by the Governor;	36957

(8) Two members of the House of Representatives, one from the	36958
majority party and the other from the minority party, appointed by	36959
the Speaker of the House of Representatives;	36960

(9) Two members of the Senate, one from the majority party	36961
and the other from the minority party, appointed by the President	36962
of the Senate;	36963

(10) One representative of the Ohio Job and Family Services	36964
Executive Directors' Association, appointed by the Governor;	36965

(11) One representative of the County Commissioners	36966
Association of Ohio, appointed by the Governor;	36967

(12) A representative of the AARP, appointed by the Governor;

36968

(13) Representatives of any other entities or organizations	36969
the Director of Job and Family Services determines are necessary,	36970
appointed by the Governor.	36971

(C) Members of the Workgroup shall be appointed not later	36972
than seven days after the effective date of this section.	36973

(D) The Director of Job and Family Services shall serve as	36974
the chairperson of the Workgroup.	36975

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

36976

(1) Investigate programmatic or financial gaps in the adult	36977
protective services system;	36978

(2) Identify best practices currently employed at the county	36979
level as well as those that can be integrated into the system;	36980

(3) Identify areas of overlap and linkages across all human	36981
services programs;	36982

(4) Coordinate with the Children Services Funding Workgroup	36983
in the Department of Job and Family Services, if the Children	36984
Services Funding Workgroup is created in the Department.	36985

(F) Not later than September 30, 2014, the Workgroup shall	36986
make recommendations to the Department of Job and Family Services	36987
about a distribution method for the $10 million in appropriation	36988
item 911421 for possible submission to the Controlling Board.	36989

(G) The Workgroup ceases to exist one year after the	36990
effective date of this section.	36991

Section 751.140. (A) There is hereby created the Children	36992
Services Funding Workgroup in the Department of Job and Family	36993
Services.	36994

(B) The Workgroup shall consist of the following members:

36995

(1) The Director of Job and Family Services or the Director's	36996
designee;	36997

(2) The Director of Budget and Management or the Director's	36998
designee;	36999

(3) The Director of Health Transformation or the Director's	37000
designee;	37001

(4) The Director of Mental Health and Addiction Services or	37002
the Director's designee;	37003

(5) The Director of Developmental Disabilities or the	37004
Director's designee;	37005

(6) A representative of the Office of the Governor, appointed	37006
by the Governor;	37007

(7) Two members of the House of Representatives, one from the	37008
majority party and one from the minority party, appointed by the	37009
Speaker of the House of Representatives;	37010

(8) Two members of the Senate, one from the majority party	37011
and one from the minority party, appointed by the President of the	37012
Senate;	37013

(9) One representative of the Public Children Services	37014
Association of Ohio, appointed by the Governor;	37015

(10) One representative from the Ohio Department of Job and	37016
Family Services Executive Directors' Association, appointed by the	37017
Governor;	37018

(11) One representative from the County Commissioners	37019
Association of Ohio, appointed by the Governor;	37020

(12) Representatives of any other entities or organizations	37021
the Director of the Department of Job and Family Services	37022
determines to be necessary, appointed by the Governor.	37023

(C) Members of the Workgroup shall be appointed not later	37024
than seven days after the effective date of this section.	37025

(D) The Director of Job and Family Services shall serve as	37026
the chairperson of the Workgroup.	37027

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

37028

(1) Investigate programmatic or financial gaps in the	37029
children services funding system;	37030

(2) Identify best practices currently employed at the county	37031
level as well as those that can be integrated into the system;	37032

(3) Identify areas of overlap and linkages across all human	37033
services programs;	37034

(4) Coordinate with the Adult Protective Services Funding	37035
Workgroup in the Department of Job and Family Services, if an	37036
Adult Protective Services Funding Workgroup is created in the	37037
Department.	37038

(F) Not later than September 30, 2014, the Workgroup shall	37039
make recommendations to the Director of Job and Family Services	37040
about a distribution method for the $6.8 million appropriated to	37041
appropriation item 911420, Children Services, for possible	37042
submission to the Controlling Board. This distribution method	37043
shall focus on targeted areas, including, but not limited to,	37044
adoption, visitation, recurrence, and re-entry.	37045

(G) The Workgroup ceases to exist one year after the	37046
effective date of this section.	37047

Section 752.10. MORATORIUM ON STRS MITIGATING RATE

37048

Notwithstanding division (D) of section 3305.06 and section	37049
3305.061 of the Revised Code, the percentage of an electing	37050
employee's compensation contributed to the State Teachers	37051
Retirement System by a public institution of higher education	37052
under division (D) of section 3305.06 of the Revised Code to	37053
mitigate any financial impact of an alternative retirement program	37054
on the retirement system shall not exceed four and one-half per	37055
cent. The percentage shall be effective until July 1, 2015.	37056

Section 752.20. ORSC STUDY OF ARP MITIGATING RATE

37057

(A) The Ohio Retirement Study Council shall study the	37058
applicability, operation, and efficacy of the percentage of an	37059
electing employee's compensation contributed by a public	37060
institution of higher education under division (D) of section	37061
3305.06 of the Revised Code to mitigate any financial impact of an	37062
alternative retirement program on the Public Employees Retirement	37063
System, State Teachers Retirement System, and School Employees	37064
Retirement System and make recommendations on any changes in	37065
determining the appropriate mitigating rate. The study shall	37066
research the historical impact of the mitigating rate and whether	37067
its purpose is being served.	37068

(B) Not later than December 31, 2014, the Council shall	37069
prepare and submit to the Governor, the President of the Senate,	37070
and the Speaker of the House of Representatives a report of its	37071
findings and recommendations.	37072

Section 757.20. (A) As used in this section:

37073

(1) "Certificate owner" and "qualified rehabilitation	37074
expenditures" have the same meanings as in section 149.311 of the	37075
Revised Code.	37076

(2) "Taxpayer," "tax period," "excluded person," "combined	37077
taxpayer," and "consolidated elected taxpayer," have the same	37078
meanings as in section 5751.01 of the Revised Code.	37079

(3) "Pass-through entity" has the same meaning as in section	37080
5733.04 of the Revised Code.	37081

(B) A taxpayer that is the certificate owner of a	37082
rehabilitation tax credit certificate issued under section 149.311	37083
of the Revised Code may claim a credit against the tax levied by	37084
section 5751.02 of the Revised Code for tax periods ending on or	37085
before June 30, 2015, provided that the taxpayer is unable to	37086
claim the credit under section 5725.151, 5725.34, 5726.52,	37087
5729.17, 5733.47, or 5747.76 of the Revised Code.	37088

The credit shall equal the lesser of twenty-five per cent of	37089
the dollar amount of the qualified rehabilitation expenditures	37090
indicated on the certificate or five million dollars. The credit	37091
shall be claimed for the calendar year specified in the	37092
certificate and after the credits authorized in divisions (A)(1)	37093
to (4) of section 5751.98 of the Revised Code, but before the	37094
credits authorized in divisions (A)(5) to (7) of that section.	37095

If the credit allowed for any calendar year exceeds the tax	37096
otherwise due under section 5751.02 of the Revised Code, after	37097
allowing for any other credits preceding the credit in the order	37098
prescribed by this section, the excess shall be refunded to the	37099
taxpayer. However, if any amount of the credit is refunded, the	37100
sum of the amount refunded and the amount applied to reduce the	37101
tax otherwise due for that year shall not exceed three million	37102
dollars. The taxpayer may carry forward any balance of the credit	37103
in excess of the amount claimed for that year for not more than	37104
five calendar years after the calendar year specified in the	37105
certificate, and shall deduct any amount claimed in any such year	37106
from the amount claimed in an ensuing year.	37107

A person that is an excluded person may file a return under	37108
section 5751.051 of the Revised Code for the purpose of claiming	37109
the credit authorized in this section.	37110

If the certificate owner is a pass-through entity, the credit	37111
may not be allocated among the entity's owners in proportions or	37112
amounts as the owners mutually agree unless either the owners are	37113
part of the same combined or consolidated elected taxpayer as the	37114
pass-through entity or the director of development services issued	37115
the certificate in the name of the pass-through entity's owners in	37116
the agreed-upon proportions or amounts. If the credit is allocated	37117
among those owners, an owner may claim the credit authorized in	37118
this section only if that owner is a corporation or an association	37119
taxed as a corporation for federal income tax purposes and is not	37120
a corporation that has made an election under Subchapter S of	37121
Chapter 1 of Subtitle A of the Internal Revenue Code.	37122

The credit authorized in this section may be claimed only on	37123
the basis of a rehabilitation tax credit certificate with an	37124
effective date after December 31, 2013, but before June 30, 2015.	37125

A person claiming a credit under this section shall retain	37126
the rehabilitation tax credit certificate for four years following	37127
the end of the latest calendar year in which the credit was	37128
applied, and shall make the certificate available for inspection	37129
by the tax commissioner upon request.	37130

Section 757.40. Notwithstanding division (D)(6) of section	37131
149.311 of the Revised Code, the Director of Development Services	37132
may issue a rehabilitation tax credit certificate under that	37133
division during the biennium that includes fiscal years 2014 and	37134
2015 only to the owner of a catalytic project that files with the	37135
Director an application for the certificate after the effective	37136
date of this act but before December 1, 2014, and that will incur	37137
or pay qualified rehabilitation expenditures in excess of	37138
seventy-five million dollars on the catalytic project. All terms	37139
used in this section have the same meanings as in section 149.311	37140
of the Revised Code.	37141

Section 757.50. The amendment by this act of sections 5709.12	37142
and 5709.17 of the Revised Code applies to tax year 2014 and every	37143
tax year thereafter.	37144

Section 757.70. The amendment by this act of section 5703.052	37145
of the Revised Code applies to any refund that has not been fully	37146
recovered before the effective date of this act.	37147

Section 806.10. The items of law contained in this act, and	37148
their applications, are severable. If any item of law contained in	37149
this act, or if any application of any item of law contained in	37150
this act, is held invalid, the invalidity does not affect other	37151
items of law contained in this and their applications that can be	37152
given effect without the invalid item of law or application.	37153

Section 812.20. The amendment, enactment, or repeal by this	37154
act of the sections listed below is exempt from the referendum	37155
under Ohio Constitution, Article II, Section 1d and section 1.471	37156
of the Revised Code and therefore takes effect immediately when	37157
this act becomes law or, if a later effective date is specified	37158
below, on that date.	37159

Sections 2925.61 and 4729.51 of the Revised Code.

37160

Sections 501.10, 512.10, 512.20, 512.30, 512.40, 610.20,	37161
610.21, 640.10, 640.11, 751.40, 751.120, 751.130, 751.140, and	37162
812.20 of this act.	37163

Section 812.30. Except as otherwise provided in this act, the	37164
amendment, enactment, or repeal by this act of a section is	37165
subject to the referendum under Ohio Constitution, Article II,	37166
Section 1c and therefore takes effect on the ninety-first day	37167
after this act is filed with the Secretary of State, or if a later	37168
effective date is specified below, on that date.	37169

Section 812.40. (A) The following take effect two years after	37170
the effective date of this act:	37171

(1) The amendments by this act to sections 340.01, 340.03,	37172
340.08, 340.09, 340.15, 5119.21, and 5119.22 of the Revised Code;	37173

(2) The enactment by this act of sections 340.033, 340.034,	37174
340.20, 5119.362, 5119.363, and 5119.364 of the Revised Code.	37175

(B) The amendments by this act to division (A) of section	37176
5119.25 of the Revised Code take effect two years after the	37177
effective date of this section. The amendments by this act to	37178
division (C) of that section take effect at the earliest time	37179
permitted by law.	37180

Section 812.43. Section 955.06 of the Revised Code, as	37181
amended by this act, takes effect December 1, 2014.	37182

Section 812.50. Sections 4715.14, 4723.486, 4725.16, 4729.12,	37183
4730.48, and 4731.281 of the Revised Code, as amended by this act,	37184
and section 4729.861, as enacted by this act, shall take effect	37185
January 1, 2015.	37186

Section 812.60. Sections 4715.30, 4715.302, 4723.28,	37187
4723.487, 4725.092, 4725.19, 4730.25, 4730.53, 4731.055, and	37188
4731.22 of the Revised Code, as amended by this act, shall take	37189
effect April 1, 2015.	37190

Section 812.70. The amendment by this act of section 5739.05	37191
of the Revised Code takes effect on November 3, 2014.	37192

Section 812.80. Section 5101.90 of the Revised Code, as	37193
enacted by this act, shall take effect February 1, 2015.	37194

Section 815.10. The General Assembly, applying the principle	37195
stated in division (B) of section 1.52 of the Revised Code that	37196
amendments are to be harmonized if reasonably capable of	37197
simultaneous operation, finds that the following sections,	37198
presented in this act as composites of the sections as amended by	37199
the acts indicated, are the resulting versions of the sections in	37200
effect prior to the effective date of the sections as presented in	37201
this act:	37202

Section 133.07 of the Revised Code is presented in this act	37203
as a composite of the section as amended by both Am. Sub. H.B. 699	37204
and Sub. S.B. 126 of the 126th General Assembly.	37205

Section 4715.14 of the Revised Code as amended by both Sub.	37206
H.B. 190 and Sub. H.B. 215 of the 128th General Assembly.	37207

Section 4723.487 of the Revised Code as amended by both Sub.	37208
H.B. 303 and Sub. S.B. 301 of the 129th General Assembly.	37209

Section 4725.16 of the Revised Code as amended by both Am.	37210
Sub. H.B. 59 and Am. Sub. H.B. 98 of the 130th General Assembly.	37211