Sub. H. B. No. 483 As Reported by the Senate Finance Committee

As Reported by the Senate Finance Committee

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 483

Representative Amstutz

Cosponsors: Representatives Sprague, McGregor, Grossman, Hackett, McClain, Sears, Stebelton, Wachtmann Speaker Batchelder

A BILL

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

9.91, 103.63, 118.27, 121.084, 122.12, 122.121,

122.861, 124.32, 125.13, 125.182, 126.21, 126.25,

131.35, 133.06, 133.07, 135.143, 149.311, 149.38,

153.56, 156.03, 163.15, 163.53, 163.54, 163.55,

164.26, 173.47, 175.04, 175.05, 175.06, 191.01,

306.04, 307.699, 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, 955.01,

955.05, 1321.535, 1321.55, 1322.03, 1322.031,

1322.04, 1322.041, 1322.051, 1322.06, 1322.11,

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, 2929.20,

2945.402, 3123.89, 3303.41, 3313.372, 3314.08,

3317.02, 3317.0217, 3317.06, 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, 3735.67, 3737.02, 3745.71,

3772.02, 4141.01, 4141.09, 4141.11, 4141.131,

4141.20, 4141.25, 4141.29, 4141.35, 4303.021,

4503.102, 4503.44, 4511.191, 4715.14, 4715.30,

4715.302, 4717.10, 4723.28, 4723.486, 4723.487,

4725.01, 4725.091, 4725.092, 4725.16, 4725.19,

4729.12, 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, 4905.911, 4906.20, 4906.201,

4923.02, 5104.03, 5104.34, 5104.341, 5104.38,

5119.21, 5119.22, 5119.23, 5119.25, 5119.40,

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,

5165.03, 5165.031, 5165.10, 5165.106, 5165.15,

5165.23, 5165.25, 5165.65, 5165.68, 5502.26,

5502.261, 5513.01, 5531.10, 5703.052, 5703.21,

5705.10, 5709.12, 5709.121, 5709.40, 5713.012,

5713.08, 5715.19, 5715.27, 5717.01, 5727.111,

5739.05, 5739.09, 5747.02, 5747.025, 5747.50, 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

5.074, 5.077, 9.54, 9.911, 127.163, 127.164,

164.261, 175.053, 193.01, 193.02, 193.03, 193.04,

193.05, 193.07, 193.09, 193.11, 193.13, 306.14,

307.678, 307.6910, 307.863, 340.092, 340.093,

340.20, 341.121, 1541.50, 2935.012, 3123.90,

3302.15, 3313.351, 3313.902, 3326.29, 3345.56,

3721.122, 4121.443, 4715.15, 4723.433, 4729.861,

4730.093, 4731.77, 4741.49, 4758.48, 4758.62,

4758.63, 4758.64, 5101.345, 5101.90, 5103.05,

5103.051, 5119.362, 5119.363, 5119.364, 5119.365,

5119.401, 5122.36, 5123.0420, 5139.12, 5139.45,

and 5155.28; to repeal sections 1322.063,

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,

263.230, 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, 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,

223.10, 239.10, 253.330, 269.10, 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 and to repeal section

5101.345 of the Revised Code on the first day of

the forty-ninth month after its effective date.

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, 103.63, 118.27, 121.084, 122.12, 122.121, 122.861, 124.32,	90
125.13, 125.182, 126.21, 126.25, 131.35, 133.06, 133.07, 135.143,	91
149.311, 149.38, 153.56, 156.03, 163.15, 163.53, 163.54, 163.55,	92
164.26, 173.47, 175.04, 175.05, 175.06, 191.01, 306.04, 307.699,	93
307.982, 340.01, 340.02, 340.021, 340.03, 340.08, 340.09, 340.15,	94
341.12, 757.03, 757.04, 757.05, 757.06, 757.07, 757.08, 955.01,	95
955.05, 1321.535, 1321.55, 1322.03, 1322.031, 1322.04, 1322.041,	96
1322.051, 1322.06, 1322.11, 1345.06, 1711.50, 1711.53, 1724.10,	97
1901.08, 2101.026, 2151.417, 2151.421, 2152.19, 2305.09, 2710.06,	98
2743.191, 2907.28, 2915.08, 2929.20, 2945.402, 3123.89, 3303.41,	99
3313.372, 3314.08, 3317.02, 3317.0217, 3317.06, 3318.36, 3358.03,	100
3517.20, 3701.132, 3701.34, 3701.74, 3701.83, 3702.59, 3702.511,	101
3702.52, 3702.526, 3702.71, 3702.74, 3702.75, 3702.91, 3702.95,	102
3721.02, 3730.09, 3735.31, 3735.67, 3737.02, 3745.71, 3772.02,	103
4141.01, 4141.09, 4141.11, 4141.131, 4141.20, 4141.25, 4141.29,	104
4141.35, 4303.021, 4503.102, 4503.44, 4511.191, 4715.14, 4715.30,	105
4715.302, 4717.10, 4723.28, 4723.486, 4723.487, 4725.01, 4725.091,	106
4725.092, 4725.16, 4725.19, 4729.12, 4729.54, 4729.541, 4729.65,	107
4729.80, 4729.83, 4729.86, 4730.25, 4730.48, 4730.53, 4731.055,	108
4731.15, 4731.155, 4731.22, 4731.24, 4731.241, 4731.281, 4737.045,	109
4758.01, 4758.02, 4758.06, 4758.16, 4758.20, 4758.21, 4758.23,	110
4758.24, 4758.26, 4758.28, 4758.29, 4758.30, 4758.31, 4758.35,	111
4758.36, 4758.50, 4758.51, 4758.55, 4758.561, 4758.59, 4758.60,	112
4758.61, 4758.71, 4781.04, 4905.911, 4906.20, 4906.201, 4923.02,	113
5104.03, 5104.34, 5104.341, 5104.38, 5119.21, 5119.22, 5119.23,	114
5119.25, 5119.40, 5123.01, 5123.011, 5123.012, 5123.16, 5123.162,	115
5123.19, 5123.191, 5123.21, 5123.61, 5123.75, 5123.76, 5123.89,	116
5124.01, 5124.101, 5124.106, 5124.15, 5124.151, 5124.17, 5124.19,	117
5124.21, 5124.28, 5124.38, 5124.60, 5124.61, 5124.62, 5124.67,	118
5126.01, 5126.02, 5126.022, 5126.0219, 5126.041, 5126.046,	119
5126.051, 5126.08, 5126.21, 5126.25, 5126.42, 5126.43, 5126.45,	120
5139.05, 5139.34, 5139.36, 5139.41, 5153.21, 5153.42, 5165.03,	121
5165.031, 5165.10, 5165.106, 5165.15, 5165.23, 5165.25, 5165.65,	122
5165.68, 5502.26, 5502.261, 5513.01, 5531.10, 5703.052, 5703.21,	123
5705.10, 5709.12, 5709.121, 5709.40, 5713.012, 5713.08, 5715.19,	124
5715.27, 5717.01, 5727.111, 5739.05, 5739.09, 5747.02, 5747.025,	125
5747.50, and 5747.71 be amended; Section 323.280 of Am. Sub. H.B.	126
59 of the 130th General Assembly be amended and codified as	127
section 5165.157 of the Revised Code; and sections 5.074, 5.077,	128
9.54, 9.911, 127.163, 127.164, 164.261, 175.053, 193.01, 193.02,	129
193.03, 193.04, 193.05, 193.07, 193.09, 193.11, 193.13, 306.14,	130
307.678, 307.6910, 307.863, 340.092, 340.093, 340.20, 341.121,	131
1541.50, 2935.012, 3123.90, 3302.15, 3313.351, 3313.902, 3326.29,	132
3345.56, 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
5101.345, 5101.90, 5103.05, 5103.051, 5119.362, 5119.363,	135
5119.364, 5119.365, 5119.401, 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. 5.074. The Ohio Veterans Memorial and Museum, located in	139
Franklin county at the site described in division (B) of section	140
307.6910 of the Revised Code, is the official state veterans	141
memorial and museum.	142

Sec. 5.077. The museum located on the grounds of the Ohio	143
state reformatory, operated by the Mansfield reformatory	144
preservation society, is the official state penal museum.	145

Sec. 7.10. For the publication of advertisements, notices,	146
and proclamations, except those relating to proposed amendments to	147
the Ohio Constitution, required to be published by a public	148
officer of the state, a benevolent or other public institution, a	149
trustee, assignee, executor, or administrator, or by or in any	150
court of record, except when the rate is otherwise fixed by law,	151
publishers of newspapers may charge and receive for such	152
advertisements, notices, and proclamations rates charged on annual	153
contracts by them for a like amount of space to other advertisers	154
who advertise in its general display advertising columns.	155

For the publication of advertisements, notices, or	156
proclamations required to be published by a public officer of a	157
county, municipal corporation, township, school, or other	158
political subdivision, publishers of newspapers shall establish a	159
government rate~~, which shall include free publication of~~	160
~~advertisements, notices, or proclamations on the newspaper's~~	161
~~internet web site, if the newspaper has one~~. The government rate	162
shall not exceed the lowest classified advertising rate and lowest	163
insert rate paid by other advertisers.	164

Legal advertising appearing in print, except that relating to	165
proposed amendments to the Ohio Constitution, shall be set up in a	166
compact form, without unnecessary spaces, blanks, or headlines,	167
and printed in not smaller than six-point type. The type used must	168
be of such proportions that the body of the capital letter M is no	169
wider than it is high and all other letters and characters are in	170
proportion.	171

Except as provided in section 2701.09 of the Revised Code,	172
all legal advertisements or, notices, and proclamations shall be	173
printed in a newspaper of general circulation and shall be posted	174
by the publisher of the newspaper on the newspaper's internet web	175
site, if the newspaper has one. A publisher of a newspaper shall	176
not charge for posting legal advertisements, notices, and	177
proclamations that are required by law to be published in a	178
newspaper of general circulation on the newspaper's internet web	179
site.	180

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

181

(1) "State agency" means any organized body, office, agency,	182
institution, or other entity established by the laws of the state	183
for the exercise of any function of state government, including	184
state institutions of higher education, as defined in section	185
3345.011 of the Revised Code.	186

(2) "Political subdivision" has the meaning defined in	187
section 2744.01 of the Revised Code.	188

(B) If a section of the Revised Code or an administrative	189
rule requires a state agency or a political subdivision to publish	190
a notice or advertisement two or more times in a newspaper of	191
general circulation and the section or administrative rule refers	192
to this section, the first publication of the notice or	193
advertisement shall be made in its entirety in a newspaper of	194
general circulation and may be made in a preprinted insert in the	195
newspaper, but the second publication otherwise required by that	196
section or administrative rule may be made in abbreviated form in	197
a newspaper of general circulation in the state or in the	198
political subdivision, as designated in that section or	199
administrative rule, and on the newspaper's internet web site, if	200
the newspaper has one. The state agency or political subdivision	201
may eliminate any further newspaper publications required by that	202
section or administrative rule, provided that the second,	203
abbreviated notice or advertisement meets all of the following	204
requirements:	205

(1) It is published in the newspaper of general circulation	206
in which the first publication of the notice or advertisement was	207
made ~~and is published on that newspaper's internet web site, if~~	208
~~the newspaper has one~~.	209

(2) It is ~~published~~posted by the publisher of the newspaper	210
on the ~~state~~official public notice web site established under	211
section 125.182 of the Revised Code. The publisher shall post the	212
required notice or advertisement on the web site at no additional	213
cost.	214

(3) It includes a title, followed by a summary paragraph or	215
statement that clearly describes the specific purpose of the	216
notice or advertisement, and includes a statement that the notice	217
or advertisement is posted in its entirety on the ~~state~~official	218
public notice web site. The notice or advertisement also may be	219
posted on the state agency's or political subdivision's internet	220
web site.	221

(4) It includes the internet ~~addresses~~address of the ~~state~~	222
official public notice web site~~, and of the newspaper's and state~~	223
~~agency's or political subdivision's internet web site if the~~	224
~~notice or advertisement is posted on those web sites,~~ and the	225
name, address, telephone number, and electronic mail address of	226
the state agency, political subdivision, or other party	227
responsible for publication of the notice or advertisement.	228

(C) A notice or advertisement published under this section on	229
an internet web site shall be published in its entirety in	230
accordance with the section of the Revised Code or the	231
administrative rule that requires the publication.	232

(D) If the ~~state~~official public notice web site established	233
under section 125.182 of the Revised Code is not operational, the	234
state agency or political subdivision shall not publish a notice	235
or advertisement under this section, but instead shall comply with	236
the publication requirements of the section of the Revised Code or	237
the administrative rule that refers to this section.	238

Sec. 9.37. (A) As used in this section, "public official"	239
means any elected or appointed officer, employee, or agent of the	240
state, any state institution of higher education, any political	241
subdivision, board, commission, bureau, or other public body	242
established by law. "State institution of higher education" means	243
any state university or college as defined in division (A)(1) of	244
section 3345.12 of the Revised Code, community college, state	245
community college, university branch, or technical college.	246

(B) Except as provided in divisions (F) and (G) of this	247
section, any public official may make by direct deposit of funds	248
by electronic transfer, if the payee provides a written	249
authorization designating a financial institution and an account	250
number to which the payment is to be credited, any payment such	251
public official is permitted or required by law in the performance	252
of official duties to make by issuing a check or warrant.	253

(C) Such public official may contract with a financial	254
institution for the services necessary to make direct deposits and	255
draw lump-sum checks or warrants payable to that institution in	256
the amount of the payments to be transferred.	257

(D) Before making any direct deposit as authorized under this	258
section, the public official shall ascertain that the account from	259
which the payment is to be made contains sufficient funds to cover	260
the amount of the payment.	261

(E) If the issuance of checks and warrants by a public	262
official requires authorization by a governing board, commission,	263
bureau, or other public body having jurisdiction over the public	264
official, the public official may only make direct deposits and	265
contracts under this section pursuant to a resolution of	266
authorization duly adopted by such governing board, commission,	267
bureau, or other public body.	268

(F) Pursuant to sections 307.55, 319.16, and 321.15 of the	269
Revised Code, a county auditor may issue, and a county treasurer	270
may redeem, electronic warrants authorizing direct deposit for	271
payment of county obligations in accordance with rules adopted by	272
the director of budget and management pursuant to Chapter 119. of	273
the Revised Code.	274

(G) The legislative authority of a municipal corporation, for	275
~~employees~~public officials of the municipal corporation, a county	276
auditor, for county ~~employees~~public officials, or a board of	277
township trustees, for township ~~employees~~public officials, may	278
adopt a direct deposit payroll policy under which all ~~employees~~	279
public officials of the municipal corporation, all county	280
~~employees~~public officials, or all township ~~employees~~public	281
officials, as the case may be, provide a written authorization	282
designating a financial institution and an account number to which	283
payment of the ~~employee's~~public official's compensation shall be	284
credited under the municipal corporation's, county's, or	285
township's direct deposit payroll policy. The direct deposit	286
payroll policy adopted by the legislative authority of a municipal	287
corporation, a county auditor, or a board of township trustees may	288
exempt from the direct deposit requirement those municipal,	289
county, or township ~~employees~~public officials who cannot provide	290
an account number, or for other reasons specified in the policy.	291
The written authorization is not a public record under section	292
149.43 of the Revised Code.	293

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

294

(1) "Political subdivision" has the meaning defined in	295
section 2744.01 of the Revised Code.	296

(2) "State agency" means any organized body, office, agency,	297
institution, or other entity established by the laws of the state	298
for the exercise of any function of state government. The term	299
includes a state institution of higher education as defined in	300
section 3345.011 of the Revised Code.	301

(B)(1) When legally authorized ~~by their respective~~	302
~~legislative authorities~~to do so, a political subdivision may	303
enter into an agreement with another political subdivision or a	304
state agency whereby athe contracting political subdivision or	305
state agency agrees to exercise any power, perform any function,	306
or render any service for ~~another~~the contracting recipient	307
political subdivision that the contracting recipient political	308
subdivision is otherwise legally authorized to exercise, perform,	309
or render.	310

In(2) When legally authorized to do so, a state agency may	311
enter into an agreement with a political subdivision whereby the	312
contracting political subdivision agrees to exercise any power,	313
perform any function, or render any service for the contracting	314
recipient state agency that the contracting recipient state agency	315
is otherwise legally authorized to exercise, perform, or render.	316

(C) In the absence in the agreement of provisions determining	317
by what officer, office, department, agency, or other authority	318
the powers and duties of a contracting political subdivision shall	319
be exercised or performed, the legislative authority of the	320
contracting political subdivision shall determine and assign the	321
powers and duties.	322

An agreement shall not suspend the possession by a	323
contracting recipient political subdivision or state agency of any	324
power or function that is exercised or performed on its behalf by	325
~~another~~the other contracting political subdivision or the	326
contracting state agency under the agreement.	327

A political subdivision shall not enter into an agreement to	328
levy any tax or to exercise, with regard to public moneys, any	329
investment powers, perform any investment function, or render any	330
investment service on behalf of a contracting subdivision. Nothing	331
in this paragraph prohibits a political subdivision from entering	332
into an agreement to collect, administer, or enforce any tax on	333
behalf of another political subdivision or to limit the authority	334
of political subdivisions to create and operate joint economic	335
development zones or joint economic development districts as	336
provided in sections 715.69 to 715.83 of the Revised Code.	337

~~(C)~~(D) No county elected officer may be required to exercise	338
any power, perform any function, or render any service under an	339
agreement entered into under this section without the written	340
consent of the county elected officer. No county may enter into an	341
agreement under this section for the exercise, performance, or	342
rendering of any statutory powers, functions, or services of any	343
county elected officer without the written consent of the county	344
elected officer.	345

~~(D)~~(E) No power shall be exercised, no function shall be	346
performed, and no service shall be rendered by a contracting	347
political subdivision or state agency pursuant to an agreement	348
entered into under this section within a political subdivision	349
that is not a party to the agreement, without first obtaining the	350
written consent of the political subdivision that is not a party	351
to the agreement and within which the power is to be exercised, a	352
function is to be performed, or a service is to be rendered.	353

~~(E)~~(F) Chapter 2744. of the Revised Code, insofar as it	354
applies to the operation of a political subdivision, applies to	355
the political subdivisions that are parties to an agreement and to	356
their employees when they are rendering a service outside the	357
boundaries of their employing political subdivision under the	358
agreement. Employees acting outside the boundaries of their	359
employing political subdivision while providing a service under an	360
agreement may participate in any pension or indemnity fund	361
established by the political subdivision to the same extent as	362
while they are acting within the boundaries of the political	363
subdivision, and are entitled to all the rights and benefits of	364
Chapter 4123. of the Revised Code to the same extent as while they	365
are performing a service within the boundaries of the political	366
subdivision.	367

Sec. 9.54. Whoever erects or replaces a sign containing the	368
international symbol of access shall use forms of the word	369
"accessible" rather than forms of the words "handicapped" or	370
"disabled" whenever words are included on the sign.	371

Sec. 9.90. (A) The board of trustees or other governing body	372
of a state institution of higher education, as defined in section	373
3345.011 of the Revised Code, board of education of a school	374
district, or governing board of an educational service center may,	375
in addition to all other powers provided in the Revised Code:	376

(1) Contract for, purchase, or otherwise procure from an	377
insurer or insurers licensed to do business by the state of Ohio	378
for or on behalf of such of its employees as it may determine,	379
life insurance, or sickness, accident, annuity, endowment, health,	380
medical, hospital, dental, or surgical coverage and benefits, or	381
any combination thereof, by means of insurance plans or other	382
types of coverage, family, group or otherwise, and may pay from	383
funds under its control and available for such purpose all or any	384
portion of the cost, premium, or charge for such insurance,	385
coverage, or benefits. However, the governing board, in addition	386
to or as an alternative to the authority otherwise granted by	387
division (A)(1) of this section, may elect to procure coverage for	388
health care services, for or on behalf of such of its employees as	389
it may determine, by means of policies, contracts, certificates,	390
or agreements issued by at least two health insuring corporations	391
holding a certificate of authority under Chapter 1751. of the	392
Revised Code and may pay from funds under the governing board's	393
control and available for such purpose all or any portion of the	394
cost of such coverage.	395

(2) Make payments to a custodial account for investment in	396
regulated investment company stock ~~for the purpose of providing~~	397
~~retirement benefits as described in section 403(b)(7) of the~~that	398
is treated as an annuity under Internal Revenue Code ~~of 1954, as~~	399
~~amended. Such stock shall be purchased only from persons~~	400
~~authorized to sell such stock in this state~~section 403(b).	401

Any income of an employee deferred under divisions (A)(1) and	402
(2) of this section in a deferred compensation program eligible	403
for favorable tax treatment under the Internal Revenue Code of	404
~~1954, as amended,~~ shall continue to be included as regular	405
compensation for the purpose of computing the contributions to and	406
benefits from the retirement system of such employee. Any sum so	407
deferred shall not be included in the computation of any federal	408
and state income taxes withheld on behalf of any such employee.	409

(B) All or any portion of the cost, premium, or charge	410
therefor may be paid in such other manner or combination of	411
manners as the board or governing body may determine, including	412
direct payment by the employee in cases under division (A)(1) of	413
this section, and, if authorized in writing by the employee in	414
cases under division (A)(1) or (2) of this section, by the board	415
or governing body with moneys made available by deduction from or	416
reduction in salary or wages or by the foregoing of a salary or	417
wage increase. Nothing in section 3917.01 or section 3917.06 of	418
the Revised Code shall prohibit the issuance or purchase of group	419
life insurance authorized by this section by reason of payment of	420
premiums therefor by the board or governing body from its funds,	421
and such group life insurance may be so issued and purchased if	422
otherwise consistent with the provisions of sections 3917.01 to	423
3917.07 of the Revised Code.	424

(C) The board of education of any school district may	425
exercise any of the powers granted to the governing boards of	426
public institutions of higher education under divisions (A) and	427
(B) of this section. All health care benefits provided to persons	428
employed by the public schools of this state shall be through	429
health care plans that contain best practices established by the	430
department of administrative services pursuant to section 9.901 of	431
the Revised Code.	432

Sec. 9.91. If ~~the governing board of a public institution of~~	433
~~higher education or~~ the board of education of a school district	434
procures a tax-sheltered annuity for an employee, pursuant to	435
section 9.90 of the Revised Code, that meets the requirements of	436
~~section 403(b) of the~~ Internal Revenue Code ~~of 1954, 26 U.S.C.A.~~	437
section 403(b), the employee has the right to designate the	438
licensed agent, broker, or company through whom the board shall	439
arrange for the placement or purchase of the tax-sheltered	440
annuity. In any case in which the employee has designated such an	441
agent, broker, or company, the board shall comply with the	442
designation, provided that the board may impose either or both of	443
the following as conditions to complying with any such	444
designations:	445

(A) The designee must execute a reasonable agreement	446
protecting the institution or district from any liability	447
attendant to procuring the annuity;	448

(B) The designee must be designated by a number of employees	449
equal to at least one per cent of the board's full-time employees	450
or at least five employees, whichever is greater, except that the	451
board may not require that the agent, broker, or company be	452
designated by more than fifty employees.	453

Sec. 9.911. (A) An annuity contract or custodial account	454
procured for an employee of a public institution of higher	455
education pursuant to section 9.90 of the Revised Code shall	456
comply with both of the following:	457

(1) The annuity contract or custodial account must meet the	458
requirements of Internal Revenue Code section 403(b).	459

(2) The institution, in its sole and absolute discretion,	460
shall arrange for the procurement of the annuity contract or	461
custodial account by doing one of the following:	462

(a) Selecting a minimum of four providers of annuity	463
contracts or custodial accounts through a selection process	464
determined by the institution in its sole and absolute discretion,	465
except that if fewer than four providers are available the	466
institution shall select the number of providers available.	467

(b) Subject to division (D) of this section, allowing each	468
eligible employee to designate a licensed agent, broker, or	469
company as a provider.	470

(B) Division (A)(2)(a) of this section does not require a	471
public institution of higher education to select a provider if	472
either of the following is the case:	473

(1) The provider is not willing to provide an annuity	474
contract or custodial account at that public institution.	475

(2) The provider is not willing to agree to the terms and	476
conditions of the agreement described in division (E) of this	477
section.	478

(C) Designation as a provider under section 9.90 of the	479
Revised Code prior to the effective date of this section does not	480
give a licensed agent, broker, or company a right to be selected	481
as a provider under this section, but subject to division (D) of	482
this section, such a licensed agent, broker, or company shall	483
remain a provider until another provider is selected under	484
division (A)(2) of this section.	485

(D) If an employee designates a provider under division	486
(A)(2)(b) of this section, the employing institution shall comply	487
with the designation but may require either or both of the	488
following:	489

(1) That the provider enter into an agreement with the	490
institution that does either or both of the following:	491

(a) Prohibits the provider from transferring funds to a third	492
party without the express consent of the institution or its	493
authorized representative;	494

(b) Includes such other terms and conditions as are	495
established by the institution in its sole discretion.	496

(2) That the provider be designated by a number of employees	497
equal to at least one per cent of the institution's eligible	498
employees or at least five employees, whichever is greater, except	499
that the institution may not require that the provider be	500
designated by more than fifty employees.	501

(E) An institution may require a provider selected under	502
division (A)(2)(a) of this section to enter into an agreement with	503
the institution that does either or both of the following:	504

(1) Prohibits the provider from transferring funds to a third	505
party without the express consent of the institution or its	506
authorized representative;	507

(2) Includes such other terms and conditions as are	508
established by the institution in its sole discretion.	509

Sec. 103.63. There is established an Ohio constitutional	510
modernization commission consisting of thirty-two members. Twelve	511
members shall be appointed from the general assembly as follows:	512
three by the president of the senate, three by the minority leader	513
of the senate, three by the speaker of the house of	514
representatives, and three by the minority leader of the house of	515
representatives. ~~Not later than~~On or before the tenth day of	516
January ~~1, 2012, and~~ every ~~two years thereafter~~even-numbered	517
year, the twelve general assembly members shall meet, organize,	518
and elect two co-chairpersons, who shall be from different	519
political parties. Beginning in 2014, the twelve general assembly	520
members shall elect one co-chairperson from each house of the	521
general assembly. The members shall then, by majority vote,	522
appoint twenty commission members, not from the general assembly.	523
All appointments shall end on the first day of January of every	524
even-numbered year, or as soon thereafter as successors are	525
appointed, and the commission shall then be re-created in the	526
manner provided above. Members may be reappointed. Vacancies on	527
the commission shall be filled in the manner provided for original	528
appointments.	529

The members of the commission shall serve without	530
compensation, but each member shall be reimbursed for actual and	531
necessary expenses incurred while engaging in the performance of	532
the member's official duties. Membership on the commission does	533
not constitute holding another public office. The joint	534
legislative ethics committee is the appropriate ethics commission	535
as described in division (F) of section 102.01 of the Revised Code	536
for matters relating to the public members appointed to the Ohio	537
constitutional modernization commission.	538

Sec. 118.27. (A) A financial planning and supervision	539
commission with respect to a municipal corporation, county, or	540
township, and its functions under this chapter, shall continue in	541
existence until such time as a determination is made pursuant to	542
division (B) of this section ~~that~~of one of the following:	543

(1) In the case of a village, the village has dissolved under	544
section 118.31, 703.20, or 703.201 of the Revised Code.	545

(2) In the case of a township, the township has dissolved	546
under section 118.31 of the Revised Code.	547

(3) In the case of a municipal corporation, county, or	548
township, the municipal corporation, county, or township has done	549
all of the following:	550

~~(1)~~(a) Planned, and is in the process of good faith	551
implementation of, an effective financial accounting and reporting	552
system in accordance with section 118.10 of the Revised Code, and	553
it is reasonably expected that such implementation will be	554
completed within two years;	555

~~(2)~~(b) Corrected and eliminated or has planned and is in the	556
process of good faith implementation of correcting and eliminating	557
all of the fiscal emergency conditions determined pursuant to	558
section 118.04 of the Revised Code, and no new fiscal emergency	559
conditions have occurred. The auditor of state shall monitor the	560
progress of the municipal corporation, county, or township in its	561
plan of good faith implementation of correcting and eliminating	562
all the fiscal emergency conditions. This monitoring is to secure	563
full implementation at the earliest time feasible but within two	564
years from such termination. If after a two-year period, the	565
municipal corporation, county, or township has failed to secure	566
full implementation, the auditor of state may redeclare the	567
municipal corporation, county, or township to be in a fiscal	568
emergency.	569

~~(3)~~(c) Met the objectives of the financial plan described in	570
section 118.06 of the Revised Code;	571

~~(4)~~(d) The municipal corporation, county, or township	572
prepares a financial forecast for a five-year period in accordance	573
with the standards issued by the auditor of state. An opinion must	574
be rendered by the auditor of state that the financial forecast is	575
considered to be nonadverse.	576

(B) The determination that ~~all of such~~the conditions for the	577
termination of the existence of the commission and its functions	578
exist may be made either by the auditor of state or by the	579
commission and shall be certified to the commission, the auditor	580
of state, the governor, and the budget commission, whereupon such	581
commission and its functions under this chapter shall terminate.	582
Such determination shall be made by the auditor of state upon the	583
filing with the auditor of state of a written request for such	584
determination by the municipal corporation, county, or township,	585
the governor, or the commission, or may be made by the auditor of	586
state upon the auditor of state's own initiative.	587

(C) The commission shall prepare and submit with such	588
certification a final report of its activities, in such form as is	589
appropriate for the purpose of providing a record of its	590
activities and assisting other commissions created under this	591
chapter in the conduct of their functions. All of the books and	592
records of the commission shall be delivered to the auditor of	593
state for retention and safekeeping.	594

(D) Upon receipt of the certification provided for in	595
division (B) of this section, the director shall follow the	596
procedures set forth in section 126.29 of the Revised Code.	597

(E) If, at the time of termination of the commission, an	598
effective financial accounting and reporting system has not been	599
fully implemented, the auditor of state shall monitor the progress	600
of implementation and shall exercise authority under Chapter 117.	601
and section 118.10 of the Revised Code to secure full	602
implementation at the earliest time feasible but within two years	603
from such termination.	604

Sec. 121.084. (A) All moneys collected under sections	605
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20,	606
4169.03, ~~4171.04,~~ and 5104.051 of the Revised Code, and any other	607
moneys collected by the division of industrial compliance shall be	608
paid into the state treasury to the credit of the industrial	609
compliance operating fund, which is hereby created. The department	610
of commerce shall use the moneys in the fund for paying the	611
operating expenses of the division and the administrative	612
assessment described in division (B) of this section.	613

(B) The director of commerce, with the approval of the	614
director of budget and management, shall prescribe procedures for	615
assessing the industrial compliance operating fund a proportionate	616
share of the administrative costs of the department of commerce.	617
The assessment shall be made in accordance with those procedures	618
and be paid from the industrial compliance operating fund to the	619
division of administration fund created in section 121.08 of the	620
Revised Code.	621

Sec. 122.12. As used in this section and in section 122.121	622
of the Revised Code:	623

(A) "Endorsing county" means a county that contains a site	624
selected by a site selection organization for one or more games.	625

(B) "Endorsing municipality" means a municipal corporation	626
that contains a site selected by a site selection organization for	627
one or more games.	628

(C) "Game support contract" means a joinder undertaking,	629
joinder agreement, or similar contract executed by an endorsing	630
municipality or endorsing county and a site selection	631
organization.	632

(D)(1) "Game" means a national or international competition	633
of football, auto racing, rugby, cricket, horse racing, mixed	634
martial arts, boxing, or any sport that is governed by an	635
international federation and included in at least one of the	636
following:	637

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

638

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

639

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

640

(2) "Game" includes the special olympics.

641

(E) "Joinder agreement" means an agreement entered into by a	642
local organizing committee, endorsing municipality, or endorsing	643
county, or more than one endorsing municipality or county acting	644
collectively and a site selection organization setting out	645
representations and assurances by each endorsing municipality or	646
endorsing county in connection with the selection of a site in	647
this state for the location of a game.	648

(F) "Joinder undertaking" means an agreement entered into by	649
a local organizing committee, endorsing municipality, or endorsing	650
county, or more than one endorsing municipality or county acting	651
collectively and a site selection organization that each endorsing	652
municipality or endorsing county will execute a joinder agreement	653
in the event that the site selection organization selects a site	654
in this state for a game.	655

(G) "Local organizing committee" means a nonprofit	656
corporation or its successor in interest that:	657

(1) Has been authorized by an endorsing municipality,	658
endorsing county, or more than one endorsing municipality or	659
county acting collectively to pursue an application and bid on the	660
applicant's behalf to a site selection organization for selection	661
as the site of one or more games; or	662

(2) With the authorization of an endorsing municipality,	663
endorsing county, or more than one endorsing municipality or	664
county acting collectively, has executed an agreement with a site	665
selection organization regarding a bid to host one or more games.	666

(H) "Site selection organization" means the national or	667
international governing body of a sport that is recognized as such	668
by the endorsing municipality, endorsing county, or local	669
organizing committee.	670

Sec. 122.121. (A) If a local organizing committee, endorsing	671
municipality, or endorsing county enters into a joinder	672
undertaking with a site selection organization, the local	673
organizing committee, endorsing municipality, or endorsing county	674
may apply to the director of development services, on a form and	675
in the manner prescribed by the director, for a grant based on the	676
projected incremental increase in the receipts from the tax	677
imposed under section 5739.02 of the Revised Code within the	678
market area designated under division (C) of this section, for the	679
two-week period that ends at the end of the day after the date on	680
which a game will be held, that is directly attributable, as	681
determined by the director, to the preparation for and	682
presentation of the game. The director shall determine the	683
projected incremental increase in the tax imposed under section	684
5739.02 of the Revised Code by using a formula approved by the	685
destination marketing association international for event impact	686
or another formula of similar purpose approved by the director.	687
The local organizing committee, endorsing municipality, or	688
endorsing county is eligible to receive a grant under this section	689
only if the projected incremental increase in receipts from the	690
tax imposed under section 5739.02 of the Revised Code, as	691
determined by the director, exceeds two hundred fifty thousand	692
dollars. The amount of the grant shall be not less than fifty per	693
cent of the projected incremental increase in receipts, as	694
determined by the director, but shall not exceed five hundred	695
thousand dollars. The director shall not issue grants with a total	696
value of more than one million dollars in any fiscal year, and	697
shall not issue any grant before July 1, 2013.	698

(B) If the director of development services approves an	699
application for a local organizing committee, endorsing	700
municipality, or endorsing county and that local organizing	701
committee, endorsing municipality, or endorsing county enters into	702
a joinder agreement with a site selection organization, the local	703
organizing committee, endorsing municipality, or endorsing county	704
shall file a copy of the joinder agreement with the director of	705
~~development, who immediately shall notify the director of budget~~	706
~~and management of the filing. Within thirty days after receiving~~	707
~~the notice, the director of budget and management shall establish~~	708
~~a schedule to disburse from the general revenue fund to such local~~	709
~~organizing committee, endorsing municipality, or endorsing county~~	710
~~payments that total the amount certified by the director of~~	711
~~development under division (A) of this section, but in no event~~	712
~~shall the total amount disbursed exceed five hundred thousand~~	713
~~dollars, and no disbursement shall be made before July 1, 2013~~.	714
The ~~payments~~grant shall be used exclusively by the local	715
organizing committee, endorsing municipality, or endorsing county	716
to fulfill a portion of its obligations to a site selection	717
organization under game support contracts, which obligations may	718
include the payment of costs relating to the preparations	719
necessary for the conduct of the game, including acquiring,	720
renovating, or constructing facilities; to pay the costs of	721
conducting the game; and to assist the local organizing committee,	722
endorsing municipality, or endorsing county in providing	723
assurances required by a site selection organization sponsoring	724
one or more games.	725

(C) For the purposes of division (A) of this section, the	726
director of development services, in consultation with the tax	727
commissioner, shall designate the market area for a game. The	728
market area shall consist of the combined statistical area, as	729
defined by the United States office of management and budget, in	730
which an endorsing municipality or endorsing county is located.	731

(D) A local organizing committee, endorsing municipality, or	732
endorsing county shall provide information required by the	733
director of development services and tax commissioner to enable	734
the director and commissioner to fulfill their duties under this	735
section, including annual audited statements of any financial	736
records required by a site selection organization and data	737
obtained by the local organizing committee, endorsing	738
municipality, or endorsing county relating to attendance at a game	739
and to the economic impact of the game. A local organizing	740
committee, an endorsing municipality, or an endorsing county shall	741
provide an annual audited financial statement if so required by	742
the director and commissioner, not later than the end of the	743
fourth month after the date the period covered by the financial	744
statement ends.	745

(E) Within thirty days after the game, the local organizing	746
committee, endorsing municipality, or endorsing county shall	747
report to the director of development services about the economic	748
impact of the game. The report shall be in the form and substance	749
required by the director, including, but not limited to, a final	750
income statement for the event showing total revenue and	751
expenditures and revenue and expenditures in the market area for	752
the game, and ticket sales for the game and any related activities	753
for which admission was charged. The director ~~of development~~ shall	754
determine, based on the reported information and the exercise of	755
reasonable judgment, the incremental increase in receipts from the	756
tax imposed under section 5739.02 of the Revised Code directly	757
attributable to the game. If the actual incremental increase in	758
such receipts is less than the projected incremental increase in	759
receipts, the director may require the local organizing committee,	760
endorsing municipality, or endorsing county to refund to the state	761
all or a portion of the grant.	762

(F) No disbursement may be made under this section if the	763
director of development services determines that it would be used	764
for the purpose of soliciting the relocation of a professional	765
sports franchise located in this state.	766

(G) This section may not be construed as creating or	767
requiring a state guarantee of obligations imposed on an endorsing	768
municipality or endorsing county under a game support contract or	769
any other agreement relating to hosting one or more games in this	770
state.	771

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

772

(1) "Certified engine configuration" means a new, rebuilt, or	773
remanufactured engine configuration that satisfies divisions	774
(A)(1)(a) and (b) and, if applicable, division (A)(1)(c) of this	775
section:	776

(a) It has been certified by the administrator of the United	777
States environmental protection agency or the California air	778
resources board.	779

(b) It meets or is rebuilt or remanufactured to a more	780
stringent set of engine emission standards than when originally	781
manufactured, as determined pursuant to Subtitle G of Title VII of	782
the Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 838,	783
et seq.	784

(c) In the case of a certified engine configuration involving	785
the replacement of an existing engine, an engine configuration	786
that replaced an engine that was removed from the vehicle and	787
returned to the supplier for remanufacturing to a more stringent	788
set of engine emissions standards or for scrappage.	789

(2) "Section 793" means section 793 of the Energy Policy Act	790
of 2005, Pub. L. No. 109-58, 119 Stat. 841, et seq.	791

(3) "Verified technology" means a pollution control	792
technology, including a retrofit technology, advanced truckstop	793
electrification system, or auxiliary power unit, that has been	794
verified by the administrator of the United States environmental	795
protection agency or the California air resources board.	796

(B) For the purpose of reducing emissions from diesel	797
engines, the director of environmental protection shall administer	798
a diesel emissions reduction grant program and a ~~diesel emissions~~	799
~~reduction revolving loan~~clean diesel school bus program. The	800
programs shall provide for the implementation in this state of	801
section 793 and shall otherwise be administered in compliance with	802
the requirements of section 793, and any regulations issued	803
pursuant to that section.	804

The director shall apply to the administrator of the United	805
States environmental protection agency for grant or loan funds	806
available under section 793 to help fund the diesel emissions	807
reduction grant program and the ~~diesel emissions reduction~~	808
~~revolving loan~~clean diesel school bus program.	809

~~(C) There is hereby created in the state treasury the diesel~~	810
~~emissions reduction revolving loan fund consisting of money~~	811
~~appropriated to it by the general assembly, any grants obtained~~	812
~~from the federal government under section 793, and any other~~	813
~~grants, gifts, or other contributions of money made to the credit~~	814
~~of the fund. Money in the fund shall be used for the purpose of~~	815
~~making loans for projects relating to certified engine~~	816
~~configurations and verified technologies in a manner consistent~~	817
~~with the requirements of section 793 and any regulations issued~~	818
~~pursuant to that section. Interest earned from moneys in the fund~~	819
~~shall be used to administer the diesel emissions reduction~~	820
~~revolving loan program.~~	821

Sec. 124.32. (A) A person holding an office or position in	822
the classified service may be transferred to a similar position in	823
another office, department, or institution having the same pay and	824
similar duties, but no transfer shall be made as follows:	825

(1) From an office or position in one class to an office or	826
position in another class;	827

(2) To an office or position for original entrance to which	828
there is required by sections 124.01 to 124.64 of the Revised	829
Code, or the rules adopted pursuant to those sections, an	830
examination involving essential tests or qualifications or	831
carrying a salary different from or higher than those required for	832
original entrance to an office or position held by the person	833
proposed to be transferred.	834

No person in the classified civil service of the state may be	835
transferred without the consent of the director of administrative	836
services.	837

(B) Any person holding an office or position in the	838
classified service who has been separated from the service without	839
delinquency or misconduct on the person's part may be reinstated	840
within one year from the date of that separation to a vacancy in	841
the same office or in a similar position in the same department,	842
except that a person in the classified service of the state only	843
may be reinstated with the consent of the director of	844
administrative services. But, if that separation is due to injury	845
or physical or psychiatric disability, the person shall be	846
reinstated in the same office held or in a similar position to	847
that held at the time of separation, within ~~thirty~~sixty days	848
after written application for reinstatement, if the person passes	849
a physical or psychiatric examination made by a licensed	850
physician, a physician assistant, a clinical nurse specialist, a	851
certified nurse practitioner, or a certified nurse-midwife showing	852
that the person has recovered from the injury or physical or	853
psychiatric disability, if the application for reinstatement is	854
filed within two years from the date of separation, and if the	855
application is not filed after the date of service eligibility	856
retirement. The physician, physician assistant, clinical nurse	857
specialist, certified nurse practitioner, or certified	858
nurse-midwife shall be designated by the appointing authority and	859
shall complete any written documentation of the physical or	860
psychiatric examination.	861

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

862

(1) "Emergency medical service organization" has the same	863
meaning as in section 4765.01 of the Revised Code.	864

(2) "Private fire company" has the same meaning as in section	865
9.60 of the Revised Code.	866

(B) Except as otherwise provided in section 5139.03 of the	867
Revised Code, whenever a state agency determines that it has	868
excess or surplus supplies, it shall notify the director of	869
administrative services. Upon request by the director and on forms	870
provided by the director, the state agency shall furnish to the	871
director a list of all those excess and surplus supplies and an	872
appraisal of their value.	873

(C) The director of administrative services shall take	874
immediate control of a state agency's excess and surplus supplies,	875
except for the following excess and surplus supplies:	876

(1) Excess or surplus supplies that have a value below the	877
minimum value that the director establishes for excess and surplus	878
supplies under division (F) of this section;	879

(2) Excess or surplus supplies that the director has	880
authorized an agency to donate to a public entity, including, but	881
not limited to, public schools and surplus computers and computer	882
equipment transferred to a public school under division (H) of	883
this section;	884

(3) Excess or surplus supplies that an agency trades in as	885
full or partial payment when purchasing a replacement item;	886

(4) Hazardous property.

887

(D) The director shall inventory excess and surplus supplies	888
in the director's control and may have the supplies repaired.	889

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

890

(1) Dispose of declared surplus or excess supplies in the	891
director's control by sale, lease, donation, or transfer. If the	892
director does so, the director shall dispose of those supplies in	893
the following order of priority:	894

(a) To state agencies;

895

(b) To state-supported or state-assisted institutions of	896
higher education;	897

(c) To tax-supported agencies, municipal corporations, or	898
other political subdivisions of this state, private fire	899
companies, or private, nonprofit emergency medical service	900
organizations;	901

(d) To nonpublic elementary and secondary schools chartered	902
by the state board of education under section 3301.16 of the	903
Revised Code;	904

(e) To the general public by auction, sealed bid, sale, or	905
negotiation.	906

(2) If the director has attempted to dispose of any declared	907
surplus or excess motor vehicle that does not exceed four thousand	908
five hundred dollars in value pursuant to divisions (E)(1)(a) to	909
(c) of this section, donate the motor vehicle to a nonprofit	910
organization exempt from federal income taxation pursuant to 26	911
U.S.C. 501(a) and (c)(3) for the purpose of meeting the	912
transportation needs of participants in the Ohio works first	913
program established under Chapter 5107. of the Revised Code and	914
participants in the prevention, retention, and contingency program	915
established under Chapter 5108. of the Revised Code. The director	916
may not donate a motor vehicle furnished to the state highway	917
patrol to a nonprofit organization pursuant to this division.	918

(F) The director may adopt rules governing the sale, lease,	919
or transfer of surplus and excess supplies in the director's	920
control by public auction, sealed bid, sale, or negotiation,	921
except that no employee of the disposing agency shall be allowed	922
to purchase, lease, or receive any such supplies. The director may	923
dispose of declared surplus or excess supplies, including motor	924
vehicles, in the director's control as the director determines	925
proper if such supplies cannot be disposed of pursuant to division	926
(E) of this section. The director shall by rule establish a	927
minimum value for excess and surplus supplies and prescribe	928
procedures for a state agency to follow in disposing of excess and	929
surplus supplies in its control that have a value below the	930
minimum value established by the director.	931

(G) No state-supported or state-assisted institution of	932
higher education, tax-supported agency, municipal corporation, or	933
other political subdivision of this state, private fire company,	934
or private, nonprofit emergency medical service organization shall	935
sell, lease, or transfer excess or surplus supplies acquired under	936
this section to private entities or the general public at a price	937
greater than the price it originally paid for those supplies.	938

(H) The director of administrative services may authorize any	939
state agency to transfer surplus computers and computer equipment	940
that are not needed by other state agencies directly to an	941
accredited public school within the state. The computers and	942
computer equipment may be repaired or refurbished prior to	943
transfer. The state agency may charge a service fee to the public	944
schools for the property not to exceed the direct cost of	945
repairing or refurbishing it. The state agency shall deposit such	946
funds into the account used for repair or refurbishment.	947

Sec. 125.182. ~~The office of information technology, by itself~~	948
~~or by contract with another entity,~~(A) An Ohio trade association	949
that represents the majority of newspapers of general circulation	950
as defined in section 7.12 of the Revised Code shall ~~establish,~~	951
operate, and maintain ~~a state~~the official public notice web site.	952
~~In establishing, maintaining, and operating the state public~~	953
~~notice web site, the office of information technology~~	954

Not later than one hundred eighty days after the effective	955
date of this section, in all cases in which a notice or	956
advertisement is required by a section of the Revised Code or an	957
administrative rule to be published in a newspaper of general	958
circulation, or in a daily law journal as required by section	959
2701.09 of the Revised Code, the notice or advertisement also	960
shall be posted on the official public notice web site by the	961
publisher of the newspaper or journal.	962

The operator of the official public notice web site shall:

963

~~(A)~~(1) Use a domain name for the web site that will be easily	964
recognizable and remembered by and understandable to users of the	965
web site;	966

~~(B)~~(2) Maintain the web site on the internet so that it is	967
fully accessible to and searchable by members of the public at all	968
times, other than during maintenance or acts of God outside the	969
operator's control;	970

~~(C)~~(3) Not charge a fee to a person ~~who~~that accesses,the	971
web site to view notices or advertisements or to perform searches,	972
~~or otherwise uses~~of the web site, provided that the operator may	973
charge a fee for enhanced search and customized content delivery	974
features;	975

~~(D)~~(4) Not charge a fee to a state agency or political	976
subdivision for publishing a notice or advertisement on the web	977
site;	978

~~(E)~~(5) Ensure that notices and advertisements displayed on	979
the web site conform to the requirements that would apply to the	980
notices and advertisements if they were being published in a	981
newspaper, as directed in section 7.16 of the Revised Code or in	982
the relevant provision of the statute or rule that requires the	983
notice;	984

~~(F)~~(6) Ensure that notices and advertisements continue to be	985
displayed on the web site for not less than the length of time	986
required by the relevant provision of the statute or rule that	987
requires the notice or advertisement;	988

~~(G) Devise and display on the web site a form that may be~~	989
~~downloaded and used to request publication of a notice on the web~~	990
~~site;~~	991

~~(H) Enable responsible parties to submit notices and requests~~	992
~~for their publication;~~	993

~~(I)~~(7) Maintain an archive of notices and advertisements that	994
no longer are displayed on the web site;	995

~~(J)~~(8) Enable notices and advertisements, both those	996
currently displayed and those archived, to be accessed by key	997
word, by party name, by case number, by county, and by other	998
useful identifiers;	999

~~(K)~~(9) Maintain adequate systemic security and backup	1000
features, and develop and maintain a contingency plan for coping	1001
with and recovering from power outages, systemic failures, and	1002
other unforeseeable difficulties;	1003

~~(L) Maintain the web site in such a manner that it will not~~	1004
~~infringe legally protected interests, so that vulnerability of the~~	1005
~~web site to interruption because of litigation or the threat of~~	1006
~~litigation is reduced; and~~	1007

~~(M) Submit a status report to the secretary of state twice~~	1008
~~annually that demonstrates compliance with statutory requirements~~	1009
~~governing publication of notices.~~	1010

~~The office of information technology shall bear the expense~~	1011
~~of maintaining the state public notice web site domain name~~(10)	1012
Provide access to the web site to the publisher of any Ohio	1013
newspaper or daily law journal that qualifies under the Revised	1014
Code to publish notices and advertisements, for the posting of	1015
notices and advertisements at no cost, or for a reasonable,	1016
uniform fee for the service; and	1017

(11) Provide, if requested, a regularly scheduled feed or	1018
similar data transfer to the department of administrative services	1019
of notices and advertisements posted on the web site, provided	1020
that the operator of the web site shall not be required to provide	1021
the feed or transfer more often than once every business day.	1022

(B) An error in a notice or advertisement posted on the	1023
official public notice web site, or a temporary web site outage or	1024
service interruption preventing the posting or display of a notice	1025
or advertisement on that web site, does not constitute a defect in	1026
making legal publication of the notice or advertisement, and	1027
publication requirements shall be considered met if the notice or	1028
advertisement published in the newspaper or daily law journal is	1029
correct.	1030

(C) The official public notice web site shall not contain any	1031
political publications or political advertising described in	1032
division (A)(1)(a), (b), or (c) of section 3517.20 of the Revised	1033
Code.	1034

(D) The publisher of a newspaper of general circulation or of	1035
a daily law journal that maintains a web site shall include on its	1036
web site a link to the official public notice web site.	1037

Sec. 126.21. (A) The director of budget and management shall	1038
do all of the following:	1039

(1) Keep all necessary accounting records;

1040

(2) Prescribe and maintain the accounting system of the state	1041
and establish appropriate accounting procedures and charts of	1042
accounts;	1043

(3) Establish procedures for the use of written, electronic,	1044
optical, or other communications media for approving and reviewing	1045
payment vouchers;	1046

(4) Reconcile, in the case of any variation between the	1047
amount of any appropriation and the aggregate amount of items of	1048
the appropriation, with the advice and assistance of the state	1049
agency affected by it and the legislative service commission,	1050
totals so as to correspond in the aggregate with the total	1051
appropriation. In the case of a conflict between the item and the	1052
total of which it is a part, the item shall be considered the	1053
intended appropriation.	1054

(5) Evaluate on an ongoing basis and, if necessary, recommend	1055
improvements to the internal controls used in state agencies;	1056

(6) Authorize the establishment of petty cash accounts. The	1057
director may withdraw approval for any petty cash account and	1058
require the officer in charge to return to the state treasury any	1059
unexpended balance shown by the officer's accounts to be on hand.	1060
Any officer who is issued a warrant for petty cash shall render a	1061
detailed account of the expenditures of the petty cash and shall	1062
report when requested the balance of petty cash on hand at any	1063
time.	1064

(7) Process orders, invoices, vouchers, claims, and payrolls	1065
and prepare financial reports and statements;	1066

(8) Perform extensions, reviews, and compliance checks prior	1067
to or after approving a payment as the director considers	1068
necessary;	1069

(9) Issue the official comprehensive annual financial report	1070
of the state. The report shall cover all funds of the state	1071
reporting entity and shall include basic financial statements and	1072
required supplementary information prepared in accordance with	1073
generally accepted accounting principles and other information as	1074
the director provides. All state agencies, authorities,	1075
institutions, offices, retirement systems, and other component	1076
units of the state reporting entity as determined by the director	1077
shall furnish the director whatever financial statements and other	1078
information the director requests for the report, in the form, at	1079
the times, covering the periods, and with the attestation the	1080
director prescribes. The information for state institutions of	1081
higher education, as defined in section 3345.011 of the Revised	1082
Code, shall be submitted to the chancellor by the Ohio board of	1083
regents. The board shall establish a due date by which each such	1084
institution shall submit the information to the board, but no such	1085
date shall be later than one hundred twenty days after the end of	1086
the state fiscal year unless a later date is approved by the	1087
director.	1088

(B) In addition to the director's duties under division (A)	1089
of this section, the director may establish and administer one or	1090
more ~~state~~ payment card programs that permit ~~or require~~ state	1091
agencies and political subdivisions to use a payment card to	1092
purchase equipment, materials, supplies, or services in accordance	1093
with guidelines issued by the director. The chief administrative	1094
officer of a state agency or political subdivision that uses a	1095
payment card for such purposes shall ensure that purchases made	1096
with the card are made in accordance with the guidelines issued by	1097
the director ~~and do not exceed the unexpended, unencumbered,~~	1098
~~unobligated balance in the appropriation to be charged for the~~	1099
~~purchase~~. State agencies may participate in only those ~~state~~	1100
payment card programs that the director establishes pursuant to	1101
this section.	1102

(C) In addition to the director's duties under divisions (A)	1103
and (B) of this section, the director may enter into any contract	1104
or agreement necessary for and incidental to the performance of	1105
the director's duties or the duties of the office of budget and	1106
management.	1107

(D) In addition to the director's duties under divisions (A),	1108
(B), and (C) of this section, the director may operate a shared	1109
services center within the office of budget and management for the	1110
purpose of consolidating common business functions and	1111
transactional processes. The services offered by the shared	1112
services center may be provided to any state agency or political	1113
subdivision. In consultation with the director of administrative	1114
services, the director may appoint and fix the compensation of	1115
employees of the office ~~of budget and management~~ whose primary	1116
duties include the consolidation of ~~statewide financing~~common	1117
business functions and ~~common~~ transactional processes.	1118

(E) The director may transfer cash between funds other than	1119
the general revenue fund in order to correct an erroneous payment	1120
or deposit regardless of the fiscal year during which the	1121
erroneous payment or deposit occurred.	1122

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

1123

(1) "Political subdivision" has the same meaning as in	1124
section 2744.01 of the Revised Code.	1125

(2) "State agency" has the same meaning as in section 9.482	1126
of the Revised Code.	1127

Sec. 126.25. The ~~accounting and budgeting~~ services provided	1128
by the director of budget and management under section 126.21 of	1129
the Revised Code shall be supported by ~~user~~ charges. The director	1130
shall determine a rate that is sufficient to defray the expense of	1131
those services and the manner by which those charges shall be	1132
collected. All money collected from ~~user~~the charges shall be	1133
deposited in the state treasury to the credit of the accounting	1134
and budgeting fund, which is hereby created. Rebates or revenue	1135
shares received from any ~~state~~ payment card program established	1136
under division (B) of section 126.21 of the Revised Code and	1137
miscellaneous payments that reimburse expenses paid from the	1138
accounting and budgeting fund may be deposited into the accounting	1139
and budgeting fund and used to support ~~accounting and budgeting~~	1140
the services provided by the director.	1141

Sec. 127.163. At the time a state agency submits a request	1142
to the controlling board to approve the making of a purchase, if	1143
the requested purchase is to be made from a supplier who is not	1144
headquartered in this state but has a presence in this state, the	1145
state agency shall include in the request the following	1146
information:	1147

(A) The address or addresses of the supplier's places of	1148
business in this state;	1149

(B) The total number of employees the supplier employs in	1150
each of its places of business in this state;	1151

(C) The percentage of the requested purchase to be completed	1152
by employees of the supplier located in this state;	1153

(D) A list of any suppliers, subcontractors, or other	1154
entities the supplier intends to use to fulfill the requested	1155
purchase that includes all of the following:	1156

(1) The address or addresses of the places of business in	1157
this state of each potential supplier, subcontractor, or entity;	1158

(2) The number of employees that each potential supplier,	1159
subcontractor, or entity employs in each of its places of business	1160
in this state;	1161

(3) The percentage of the requested purchase to be completed	1162
by employees of the potential supplier, subcontractor, or entity	1163
located in this state.	1164

Sec. 127.164. (A) Prior to submitting a request to approve	1165
the making of a purchase to the controlling board, a state agency	1166
shall contact any entity headquartered in this state that the	1167
state agency approached related to the proposed purchase or to	1168
whom the state agency sent a request for proposals but who did not	1169
respond to the request for proposals and ascertain why the entity	1170
did not respond.	1171

(B) At the time a state agency submits a request to the	1172
controlling board to approve the making of a purchase, the state	1173
agency shall submit to the board, as part of the request, the	1174
information that the state agency collected under division (A) of	1175
this section.	1176

Sec. 131.35. (A) With respect to the federal funds received	1177
into any fund of the state from which transfers may be made under	1178
division (D) of section 127.14 of the Revised Code:	1179

(1) No state agency may make expenditures of any federal	1180
funds, whether such funds are advanced prior to expenditure or as	1181
reimbursement, unless such expenditures are made pursuant to	1182
specific appropriations of the general assembly, are authorized by	1183
the controlling board pursuant to division (A)(5) of this section,	1184
or are authorized by an executive order issued in accordance with	1185
section 107.17 of the Revised Code, and until an allotment has	1186
been approved by the director of budget and management. All	1187
federal funds received by a state agency shall be reported to the	1188
director within fifteen days of the receipt of such funds or the	1189
notification of award, whichever occurs first. The director shall	1190
prescribe the forms and procedures to be used when reporting the	1191
receipt of federal funds.	1192

(2) If the federal funds received are greater than the amount	1193
of such funds appropriated by the general assembly for a specific	1194
purpose, the total appropriation of federal and state funds for	1195
such purpose shall remain at the amount designated by the general	1196
assembly, except that the expenditure of federal funds received in	1197
excess of such specific appropriation may be authorized by the	1198
controlling board, subject to division (D) of this section.	1199

(3) To the extent that the expenditure of excess federal	1200
funds is authorized, the controlling board may transfer a like	1201
amount of general revenue fund appropriation authority from the	1202
affected agency to the emergency purposes appropriation of the	1203
controlling board, if such action is permitted under federal	1204
regulations.	1205

(4) Additional funds may be created by the controlling board	1206
to receive revenues not anticipated in an appropriations act for	1207
the biennium in which such new revenues are received. ~~Expenditures~~	1208
Subject to division (D) of this section, expenditures from such	1209
additional funds may be authorized by the controlling board, but	1210
such authorization shall not extend beyond the end of the biennium	1211
in which such funds are created.	1212

(5) Controlling board authorization for a state agency to	1213
make an expenditure of federal funds constitutes authority for the	1214
agency to participate in the federal program providing the funds,	1215
and the agency is not required to obtain an executive order under	1216
section 107.17 of the Revised Code to participate in the federal	1217
program.	1218

(B) With respect to nonfederal funds received into the	1219
waterways safety fund, the wildlife fund, and any fund of the	1220
state from which transfers may be made under division (D) of	1221
section 127.14 of the Revised Code:	1222

(1) No state agency may make expenditures of any such funds	1223
unless the expenditures are made pursuant to specific	1224
appropriations of the general assembly.	1225

(2) If the receipts received into any fund are greater than	1226
the amount appropriated, the appropriation for that fund shall	1227
remain at the amount designated by the general assembly or,	1228
subject to division (D) of this section, as increased and approved	1229
by the controlling board.	1230

(3) Additional funds may be created by the controlling board	1231
to receive revenues not anticipated in an appropriations act for	1232
the biennium in which such new revenues are received. ~~Expenditures~~	1233
Subject to division (D) of this section, expenditures from such	1234
additional funds may be authorized by the controlling board, but	1235
such authorization shall not extend beyond the end of the biennium	1236
in which such funds are created.	1237

(C) The controlling board shall not authorize more than ten	1238
per cent of additional spending from the occupational licensing	1239
and regulatory fund, created in section 4743.05 of the Revised	1240
Code, in excess of any appropriation made by the general assembly	1241
to a licensing agency except an appropriation for costs related to	1242
the examination or reexamination of applicants for a license. As	1243
used in this division, "licensing agency" and "license" have the	1244
same meanings as in section 4745.01 of the Revised Code.	1245

(D) The amount of any expenditure or of an increase in an	1246
appropriation authorized under division (A)(2) or (4) or (B)(2) or	1247
(3) of this section for a specific or related purpose or item in	1248
any fiscal year shall not exceed an amount greater than one per	1249
cent of the general revenue fund appropriations for that fiscal	1250
year.	1251

Sec. 133.06. (A) A school district shall not incur, without	1252
a vote of the electors, net indebtedness that exceeds an amount	1253
equal to one-tenth of one per cent of its tax valuation, except as	1254
provided in divisions (G) and (H) of this section and in division	1255
~~(C)~~(D) of section 3313.372 of the Revised Code, or as prescribed	1256
in section 3318.052 or 3318.44 of the Revised Code, or as provided	1257
in division (J) of this section.	1258

(B) Except as provided in divisions (E), (F), and (I) of this	1259
section, a school district shall not incur net indebtedness that	1260
exceeds an amount equal to nine per cent of its tax valuation.	1261

(C) A school district shall not submit to a vote of the	1262
electors the question of the issuance of securities in an amount	1263
that will make the district's net indebtedness after the issuance	1264
of the securities exceed an amount equal to four per cent of its	1265
tax valuation, unless the superintendent of public instruction,	1266
acting under policies adopted by the state board of education, and	1267
the tax commissioner, acting under written policies of the	1268
commissioner, consent to the submission. A request for the	1269
consents shall be made at least one hundred twenty days prior to	1270
the election at which the question is to be submitted.	1271

The superintendent of public instruction shall certify to the	1272
district the superintendent's and the tax commissioner's decisions	1273
within thirty days after receipt of the request for consents.	1274

If the electors do not approve the issuance of securities at	1275
the election for which the superintendent of public instruction	1276
and tax commissioner consented to the submission of the question,	1277
the school district may submit the same question to the electors	1278
on the date that the next special election may be held under	1279
section 3501.01 of the Revised Code without submitting a new	1280
request for consent. If the school district seeks to submit the	1281
same question at any other subsequent election, the district shall	1282
first submit a new request for consent in accordance with this	1283
division.	1284

(D) In calculating the net indebtedness of a school district,	1285
none of the following shall be considered:	1286

(1) Securities issued to acquire school buses and other	1287
equipment used in transporting pupils or issued pursuant to	1288
division (D) of section 133.10 of the Revised Code;	1289

(2) Securities issued under division (F) of this section,	1290
under section 133.301 of the Revised Code, and, to the extent in	1291
excess of the limitation stated in division (B) of this section,	1292
under division (E) of this section;	1293

(3) Indebtedness resulting from the dissolution of a joint	1294
vocational school district under section 3311.217 of the Revised	1295
Code, evidenced by outstanding securities of that joint vocational	1296
school district;	1297

(4) Loans, evidenced by any securities, received under	1298
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;	1299

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

1300

(6) Debt incurred pursuant to division (B)(5) of section	1301
3313.37 of the Revised Code to acquire computers and related	1302
hardware;	1303

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

1304

(E) A school district may become a special needs district as	1305
to certain securities as provided in division (E) of this section.	1306

(1) A board of education, by resolution, may declare its	1307
school district to be a special needs district by determining both	1308
of the following:	1309

(a) The student population is not being adequately serviced	1310
by the existing permanent improvements of the district.	1311

(b) The district cannot obtain sufficient funds by the	1312
issuance of securities within the limitation of division (B) of	1313
this section to provide additional or improved needed permanent	1314
improvements in time to meet the needs.	1315

(2) The board of education shall certify a copy of that	1316
resolution to the superintendent of public instruction with a	1317
statistical report showing all of the following:	1318

(a) The history of and a projection of the growth of the tax	1319
valuation;	1320

(b) The projected needs;

1321

(c) The estimated cost of permanent improvements proposed to	1322
meet such projected needs.	1323

(3) The superintendent of public instruction shall certify	1324
the district as an approved special needs district if the	1325
superintendent finds both of the following:	1326

(a) The district does not have available sufficient	1327
additional funds from state or federal sources to meet the	1328
projected needs.	1329

(b) The projection of the potential average growth of tax	1330
valuation during the next five years, according to the information	1331
certified to the superintendent and any other information the	1332
superintendent obtains, indicates a likelihood of potential	1333
average growth of tax valuation of the district during the next	1334
five years of an average of not less than one and one-half per	1335
cent per year. The findings and certification of the	1336
superintendent shall be conclusive.	1337

(4) An approved special needs district may incur net	1338
indebtedness by the issuance of securities in accordance with the	1339
provisions of this chapter in an amount that does not exceed an	1340
amount equal to the greater of the following:	1341

(a) Twelve per cent of the sum of its tax valuation plus an	1342
amount that is the product of multiplying that tax valuation by	1343
the percentage by which the tax valuation has increased over the	1344
tax valuation on the first day of the sixtieth month preceding the	1345
month in which its board determines to submit to the electors the	1346
question of issuing the proposed securities;	1347

(b) Twelve per cent of the sum of its tax valuation plus an	1348
amount that is the product of multiplying that tax valuation by	1349
the percentage, determined by the superintendent of public	1350
instruction, by which that tax valuation is projected to increase	1351
during the next ten years.	1352

(F) A school district may issue securities for emergency	1353
purposes, in a principal amount that does not exceed an amount	1354
equal to three per cent of its tax valuation, as provided in this	1355
division.	1356

(1) A board of education, by resolution, may declare an	1357
emergency if it determines both of the following:	1358

(a) School buildings or other necessary school facilities in	1359
the district have been wholly or partially destroyed, or condemned	1360
by a constituted public authority, or that such buildings or	1361
facilities are partially constructed, or so constructed or planned	1362
as to require additions and improvements to them before the	1363
buildings or facilities are usable for their intended purpose, or	1364
that corrections to permanent improvements are necessary to remove	1365
or prevent health or safety hazards.	1366

(b) Existing fiscal and net indebtedness limitations make	1367
adequate replacement, additions, or improvements impossible.	1368

(2) Upon the declaration of an emergency, the board of	1369
education may, by resolution, submit to the electors of the	1370
district pursuant to section 133.18 of the Revised Code the	1371
question of issuing securities for the purpose of paying the cost,	1372
in excess of any insurance or condemnation proceeds received by	1373
the district, of permanent improvements to respond to the	1374
emergency need.	1375

(3) The procedures for the election shall be as provided in	1376
section 133.18 of the Revised Code, except that:	1377

(a) The form of the ballot shall describe the emergency	1378
existing, refer to this division as the authority under which the	1379
emergency is declared, and state that the amount of the proposed	1380
securities exceeds the limitations prescribed by division (B) of	1381
this section;	1382

(b) The resolution required by division (B) of section 133.18	1383
of the Revised Code shall be certified to the county auditor and	1384
the board of elections at least one hundred days prior to the	1385
election;	1386

(c) The county auditor shall advise and, not later than	1387
ninety-five days before the election, confirm that advice by	1388
certification to, the board of education of the information	1389
required by division (C) of section 133.18 of the Revised Code;	1390

(d) The board of education shall then certify its resolution	1391
and the information required by division (D) of section 133.18 of	1392
the Revised Code to the board of elections not less than ninety	1393
days prior to the election.	1394

(4) Notwithstanding division (B) of section 133.21 of the	1395
Revised Code, the first principal payment of securities issued	1396
under this division may be set at any date not later than sixty	1397
months after the earliest possible principal payment otherwise	1398
provided for in that division.	1399

(G)(1) The board of education may contract with an architect,	1400
professional engineer, or other person experienced in the design	1401
and implementation of energy conservation measures for an analysis	1402
and recommendations pertaining to installations, modifications of	1403
installations, or remodeling that would significantly reduce	1404
energy consumption in buildings owned by the district. The report	1405
shall include estimates of all costs of such installations,	1406
modifications, or remodeling, including costs of design,	1407
engineering, installation, maintenance, repairs, and debt service,	1408
forgone residual value of materials or equipment replaced by the	1409
energy conservation measure, as defined by the Ohio school	1410
facilities commission, a baseline analysis of actual energy	1411
consumption data for the preceding three years with the utility	1412
baseline based on only the actual energy consumption data for the	1413
preceding twelve months, and estimates of the amounts by which	1414
energy consumption and resultant operational and maintenance	1415
costs, as defined by the commission, would be reduced.	1416

If the board finds after receiving the report that the amount	1417
of money the district would spend on such installations,	1418
modifications, or remodeling is not likely to exceed the amount of	1419
money it would save in energy and resultant operational and	1420
maintenance costs over the ensuing fifteen years, the board may	1421
submit to the commission a copy of its findings and a request for	1422
approval to incur indebtedness to finance the making or	1423
modification of installations or the remodeling of buildings for	1424
the purpose of significantly reducing energy consumption.	1425

The school facilities commission, in consultation with the	1426
auditor of state, may deny a request under this division by the	1427
board of education any school district is in a state of fiscal	1428
watch pursuant to division (A) of section 3316.03 of the Revised	1429
Code, if it determines that the expenditure of funds is not in the	1430
best interest of the school district.	1431

No district board of education of a school district that is	1432
in a state of fiscal emergency pursuant to division (B) of section	1433
3316.03 of the Revised Code shall submit a request without	1434
submitting evidence that the installations, modifications, or	1435
remodeling have been approved by the district's financial planning	1436
and supervision commission established under section 3316.05 of	1437
the Revised Code.	1438

No board of education of a school district that, for three or	1439
more consecutive years, has been declared to be in a state of	1440
academic emergency under section 3302.03 of the Revised Code, as	1441
that section existed prior to March 22, 2013, and has failed to	1442
meet adequate yearly progress, or has met any condition set forth	1443
in division (A)(2), (3), or (4) of section 3302.10 of the Revised	1444
Code shall submit a request without first receiving approval to	1445
incur indebtedness from the district's academic distress	1446
commission established under that section, for so long as such	1447
commission continues to be required for the district.	1448

(2) The school facilities commission shall approve the	1449
board's request provided that the following conditions are	1450
satisfied:	1451

(a) The commission determines that the board's findings are	1452
reasonable.	1453

(b) The request for approval is complete.

1454

(c) The installations, modifications, or remodeling are	1455
consistent with any project to construct or acquire classroom	1456
facilities, or to reconstruct or make additions to existing	1457
classroom facilities under sections 3318.01 to 3318.20 or sections	1458
3318.40 to 3318.45 of the Revised Code.	1459

Upon receipt of the commission's approval, the district may	1460
issue securities without a vote of the electors in a principal	1461
amount not to exceed nine-tenths of one per cent of its tax	1462
valuation for the purpose of making such installations,	1463
modifications, or remodeling, but the total net indebtedness of	1464
the district without a vote of the electors incurred under this	1465
and all other sections of the Revised Code, except section	1466
3318.052 of the Revised Code, shall not exceed one per cent of the	1467
district's tax valuation.	1468

(3) So long as any securities issued under this division	1469
remain outstanding, the board of education shall monitor the	1470
energy consumption and resultant operational and maintenance costs	1471
of buildings in which installations or modifications have been	1472
made or remodeling has been done pursuant to this division and	1473
shall maintain and annually update a report documenting the	1474
reductions in energy consumption and resultant operational and	1475
maintenance cost savings attributable to such installations,	1476
modifications, or remodeling. The report shall be certified by an	1477
architect or engineer independent of any person that provided	1478
goods or services to the board in connection with the energy	1479
conservation measures that are the subject of the report. The	1480
resultant operational and maintenance cost savings shall be	1481
certified by the school district treasurer. The report shall be	1482
submitted annually to the commission.	1483

(H) With the consent of the superintendent of public	1484
instruction, a school district may incur without a vote of the	1485
electors net indebtedness that exceeds the amounts stated in	1486
divisions (A) and (G) of this section for the purpose of paying	1487
costs of permanent improvements, if and to the extent that both of	1488
the following conditions are satisfied:	1489

(1) The fiscal officer of the school district estimates that	1490
receipts of the school district from payments made under or	1491
pursuant to agreements entered into pursuant to section 725.02,	1492
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	1493
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	1494
Code, or distributions under division (C) of section 5709.43 of	1495
the Revised Code, or any combination thereof, are, after	1496
accounting for any appropriate coverage requirements, sufficient	1497
in time and amount, and are committed by the proceedings, to pay	1498
the debt charges on the securities issued to evidence that	1499
indebtedness and payable from those receipts, and the taxing	1500
authority of the district confirms the fiscal officer's estimate,	1501
which confirmation is approved by the superintendent of public	1502
instruction;	1503

(2) The fiscal officer of the school district certifies, and	1504
the taxing authority of the district confirms, that the district,	1505
at the time of the certification and confirmation, reasonably	1506
expects to have sufficient revenue available for the purpose of	1507
operating such permanent improvements for their intended purpose	1508
upon acquisition or completion thereof, and the superintendent of	1509
public instruction approves the taxing authority's confirmation.	1510

The maximum maturity of securities issued under division (H)	1511
of this section shall be the lesser of twenty years or the maximum	1512
maturity calculated under section 133.20 of the Revised Code.	1513

(I) A school district may incur net indebtedness by the	1514
issuance of securities in accordance with the provisions of this	1515
chapter in excess of the limit specified in division (B) or (C) of	1516
this section when necessary to raise the school district portion	1517
of the basic project cost and any additional funds necessary to	1518
participate in a project under Chapter 3318. of the Revised Code,	1519
including the cost of items designated by the Ohio school	1520
facilities commission as required locally funded initiatives, the	1521
cost of other locally funded initiatives in an amount that does	1522
not exceed fifty per cent of the district's portion of the basic	1523
project cost, and the cost for site acquisition. The school	1524
facilities commission shall notify the superintendent of public	1525
instruction whenever a school district will exceed either limit	1526
pursuant to this division.	1527

(J) A school district whose portion of the basic project cost	1528
of its classroom facilities project under sections 3318.01 to	1529
3318.20 of the Revised Code is greater than or equal to one	1530
hundred million dollars may incur without a vote of the electors	1531
net indebtedness in an amount up to two per cent of its tax	1532
valuation through the issuance of general obligation securities in	1533
order to generate all or part of the amount of its portion of the	1534
basic project cost if the controlling board has approved the	1535
school facilities commission's conditional approval of the project	1536
under section 3318.04 of the Revised Code. The school district	1537
board and the Ohio school facilities commission shall include the	1538
dedication of the proceeds of such securities in the agreement	1539
entered into under section 3318.08 of the Revised Code. No state	1540
moneys shall be released for a project to which this section	1541
applies until the proceeds of any bonds issued under this section	1542
that are dedicated for the payment of the school district portion	1543
of the project are first deposited into the school district's	1544
project construction fund.	1545

Sec. 133.07. (A) A county shall not incur, without a vote of	1546
the electors, either of the following:	1547

(1) Net indebtedness for all purposes that exceeds an amount	1548
equal to one per cent of its tax valuation;	1549

(2) Net indebtedness for the purpose of paying the county's	1550
share of the cost of the construction, improvement, maintenance,	1551
or repair of state highways that exceeds an amount equal to	1552
one-half of one per cent of its tax valuation.	1553

(B) A county shall not incur total net indebtedness that	1554
exceeds an amount equal to one of the following limitations that	1555
applies to the county:	1556

(1) A county with a valuation not exceeding one hundred	1557
million dollars, three per cent of that tax valuation;	1558

(2) A county with a tax valuation exceeding one hundred	1559
million dollars but not exceeding three hundred million dollars,	1560
three million dollars plus one and one-half per cent of that tax	1561
valuation in excess of one hundred million dollars;	1562

(3) A county with a tax valuation exceeding three hundred	1563
million dollars, six million dollars plus two and one-half per	1564
cent of that tax valuation in excess of three hundred million	1565
dollars.	1566

(C) In calculating the net indebtedness of a county, none of	1567
the following securities shall be considered:	1568

(1) Securities described in section 307.201 of the Revised	1569
Code;	1570

(2) Self-supporting securities issued for any purposes,	1571
including, but not limited to, any of the following general	1572
purposes:	1573

(a) Water systems or facilities;

1574

(b) Sanitary sewerage systems or facilities, or surface and	1575
storm water drainage and sewerage systems or facilities, or a	1576
combination of those systems or facilities;	1577

(c) County or joint county scrap tire collection, storage,	1578
monocell, monofill, or recovery facilities, or any combination of	1579
those facilities;	1580

(d) Off-street parking lots, facilities, or buildings, or	1581
on-street parking facilities, or any combination of off-street and	1582
on-street parking facilities;	1583

(e) Facilities for the care or treatment of the sick or	1584
infirm, and for housing the persons providing that care or	1585
treatment and their families;	1586

(f) Recreational, sports, convention, auditorium, museum,	1587
trade show, and other public attraction facilities;	1588

(g) Facilities for natural resources exploration,	1589
development, recovery, use, and sale;	1590

(h) Correctional and detention facilities and related	1591
rehabilitation facilities.	1592

(3) Securities issued for the purpose of purchasing,	1593
constructing, improving, or extending water or sanitary or surface	1594
and storm water sewerage systems or facilities, or a combination	1595
of those systems or facilities, to the extent that an agreement	1596
entered into with another subdivision requires the other	1597
subdivision to pay to the county amounts equivalent to debt	1598
charges on the securities;	1599

(4) Voted general obligation securities issued for the	1600
purpose of permanent improvements for sanitary sewerage or water	1601
systems or facilities to the extent that the total principal	1602
amount of voted securities outstanding for the purpose does not	1603
exceed an amount equal to two per cent of the county's tax	1604
valuation;	1605

(5) Securities issued for permanent improvements to house	1606
agencies, departments, boards, or commissions of the county or of	1607
any municipal corporation located, in whole or in part, in the	1608
county, to the extent that the revenues, other than revenues from	1609
unvoted county property taxes, derived from leases or other	1610
agreements between the county and those agencies, departments,	1611
boards, commissions, or municipal corporations relating to the use	1612
of the permanent improvements are sufficient to cover the cost of	1613
all operating expenses of the permanent improvements paid by the	1614
county and debt charges on the securities;	1615

(6) Securities issued pursuant to section 133.08 of the	1616
Revised Code;	1617

(7) Securities issued for the purpose of acquiring or	1618
constructing roads, highways, bridges, or viaducts, for the	1619
purpose of acquiring or making other highway permanent	1620
improvements, or for the purpose of procuring and maintaining	1621
computer systems for the office of the clerk of any	1622
county-operated municipal court, for the office of the clerk of	1623
the court of common pleas, or for the office of the clerk of the	1624
probate, juvenile, or domestic relations division of the court of	1625
common pleas to the extent that the legislation authorizing the	1626
issuance of the securities includes a covenant to appropriate from	1627
moneys distributed to the county pursuant to division (B) of	1628
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or	1629
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a	1630
sufficient amount to cover debt charges on and financing costs	1631
relating to the securities as they become due;	1632

(8) Securities issued for the purpose of acquiring,	1633
constructing, improving, and equipping a county, multicounty, or	1634
multicounty-municipal jail, workhouse, juvenile detention	1635
facility, or correctional facility;	1636

(9) Securities issued for the acquisition, construction,	1637
equipping, or repair of any permanent improvement or any class or	1638
group of permanent improvements enumerated in a resolution adopted	1639
pursuant to division (D) of section 5739.026 of the Revised Code	1640
to the extent that the legislation authorizing the issuance of the	1641
securities includes a covenant to appropriate from moneys received	1642
from the taxes authorized under section 5739.023 and division	1643
(A)(5) of section 5739.026 of the Revised Code an amount	1644
sufficient to pay debt charges on the securities and those moneys	1645
shall be pledged for that purpose;	1646

(10) Securities issued for county or joint county solid waste	1647
or hazardous waste collection, transfer, or disposal facilities,	1648
or resource recovery and solid or hazardous waste recycling	1649
facilities, or any combination of those facilities;	1650

(11) Securities issued for the acquisition, construction, and	1651
equipping of a port authority educational and cultural facility	1652
under section 307.671 of the Revised Code;	1653

(12) Securities issued for the acquisition, construction,	1654
equipping, and improving of a municipal educational and cultural	1655
facility under division (B)(1) of section 307.672 of the Revised	1656
Code;	1657

(13) Securities issued for energy conservation measures under	1658
section 307.041 of the Revised Code;	1659

(14) Securities issued for the acquisition, construction,	1660
equipping, improving, or repair of a sports facility, including	1661
obligations issued to pay costs of a sports facility under section	1662
307.673 of the Revised Code;	1663

(15) Securities issued under section 755.17 of the Revised	1664
Code if the legislation authorizing issuance of the securities	1665
includes a covenant to appropriate from revenue received from a	1666
tax authorized under division (A)(5) of section 5739.026 and	1667
section 5741.023 of the Revised Code an amount sufficient to pay	1668
debt charges on the securities, and the board of county	1669
commissioners pledges that revenue for that purpose, pursuant to	1670
section 755.171 of the Revised Code;	1671

(16) Sales tax supported bonds issued pursuant to section	1672
133.081 of the Revised Code for the purpose of acquiring,	1673
constructing, improving, or equipping any permanent improvement to	1674
the extent that the legislation authorizing the issuance of the	1675
sales tax supported bonds pledges county sales taxes to the	1676
payment of debt charges on the sales tax supported bonds and	1677
contains a covenant to appropriate from county sales taxes a	1678
sufficient amount to cover debt charges or the financing costs	1679
related to the sales tax supported bonds as they become due;	1680

(17) Bonds or notes issued under section 133.60 of the	1681
Revised Code if the legislation authorizing issuance of the bonds	1682
or notes includes a covenant to appropriate from revenue received	1683
from a tax authorized under division (A)(9) of section 5739.026	1684
and section 5741.023 of the Revised Code an amount sufficient to	1685
pay the debt charges on the bonds or notes, and the board of	1686
county commissioners pledges that revenue for that purpose;	1687

(18) Securities issued under section 3707.55 of the Revised	1688
Code for the acquisition of real property by a general health	1689
district;	1690

(19) Securities issued under division (A)(3) of section	1691
3313.37 of the Revised Code for the acquisition of real and	1692
personal property by an educational service center;	1693

(20) Securities issued for the purpose of paying the costs of	1694
acquiring, constructing, reconstructing, renovating,	1695
rehabilitating, expanding, adding to, equipping, furnishing, or	1696
otherwise improving an arena, convention center, or a combination	1697
of an arena and convention center under section 307.695 of the	1698
Revised Code;	1699

(21) Securities issued for the purpose of paying project	1700
costs under section 307.678 of the Revised Code.	1701

(D) In calculating the net indebtedness of a county, no	1702
obligation incurred under division (F) of section 339.06 of the	1703
Revised Code shall be considered.	1704

Sec. 135.143. (A) The treasurer of state may invest or	1705
execute transactions for any part or all of the interim funds of	1706
the state in the following classifications of obligations:	1707

(1) United States treasury bills, notes, bonds, or any other	1708
obligations or securities issued by the United States treasury or	1709
any other obligation guaranteed as to principal and interest by	1710
the United States;	1711

(2) Bonds, notes, debentures, or any other obligations or	1712
securities issued by any federal government agency or	1713
instrumentality;	1714

(3) Bonds and other direct obligations of the state of Ohio	1715
issued by the treasurer of state and of the Ohio public facilities	1716
commission, the Ohio building authority, and the Ohio housing	1717
finance agency;	1718

(4)(a) Written repurchase agreements with any eligible Ohio	1719
financial institution that is a member of the federal reserve	1720
system or federal home loan bank or any recognized United States	1721
government securities dealer, under the terms of which agreement	1722
the treasurer of state purchases and the eligible financial	1723
institution or dealer agrees unconditionally to repurchase any of	1724
the securities that are listed in division (A)(1), (2), or (6) of	1725
this section and that will mature or are redeemable within ten	1726
years from the date of purchase. The market value of securities	1727
subject to these transactions must exceed the principal value of	1728
the repurchase agreement by an amount specified by the treasurer	1729
of state, and the securities must be delivered into the custody of	1730
the treasurer of state or the qualified trustee or agent	1731
designated by the treasurer of state. The agreement shall contain	1732
the requirement that for each transaction pursuant to the	1733
agreement, the participating institution or dealer shall provide	1734
all of the following information:	1735

(i) The par value of the securities;

1736

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

1737

(iii) A numerical identifier generally accepted in the	1738
securities industry that designates the securities.	1739

(b) The treasurer of state also may sell any securities,	1740
listed in division (A)(1), (2), or (6) of this section, regardless	1741
of maturity or time of redemption of the securities, under the	1742
same terms and conditions for repurchase, provided that the	1743
securities have been fully paid for and are owned by the treasurer	1744
of state at the time of the sale.	1745

(5) Securities lending agreements with any eligible financial	1746
institution that is a member of the federal reserve system or	1747
federal home loan bank or any recognized United States government	1748
securities dealer, under the terms of which agreements the	1749
treasurer of state lends securities and the eligible financial	1750
institution or dealer agrees to simultaneously exchange similar	1751
securities or cash, equal value for equal value.	1752

Securities and cash received as collateral for a securities	1753
lending agreement are not interim funds of the state. The	1754
investment of cash collateral received pursuant to a securities	1755
lending agreement may be invested only in such instruments	1756
specified by the treasurer of state in accordance with a written	1757
investment policy.	1758

(6) Various forms of commercial paper issued by any	1759
corporation that is incorporated under the laws of the United	1760
States or a state, which notes are rated at the time of purchase	1761
in the two highest categories by two nationally recognized rating	1762
agencies, provided that the total amount invested under this	1763
section in any commercial paper at any time shall not exceed	1764
twenty-five per cent of the state's total average portfolio, as	1765
determined and calculated by the treasurer of state;	1766

(7) Bankers acceptances, maturing in two hundred seventy days	1767
or less, which are eligible for purchase by the federal reserve	1768
system, provided that the total amount invested in bankers	1769
acceptances at any time shall not exceed ten per cent of the	1770
state's total average portfolio, as determined and calculated by	1771
the treasurer of state;	1772

(8) Certificates of deposit in eligible institutions applying	1773
for interim moneys as provided in section 135.08 of the Revised	1774
Code, including linked deposits as provided in sections 135.61 to	1775
135.67 of the Revised Code, agricultural linked deposits as	1776
provided in sections 135.71 to 135.76 of the Revised Code, and	1777
housing linked deposits as provided in sections 135.81 to 135.87	1778
of the Revised Code;	1779

(9) The state treasurer's investment pool authorized under	1780
section 135.45 of the Revised Code;	1781

(10) Debt interests, other than commercial paper described in	1782
division (A)(6) of this section, rated at the time of purchase in	1783
the three highest categories by two nationally recognized rating	1784
agencies and issued by corporations that are incorporated under	1785
the laws of the United States or a state, or issued by foreign	1786
nations diplomatically recognized by the United States government,	1787
or any instrument based on, derived from, or related to such	1788
interests, provided that:	1789

(a) The investments in debt interests shall not exceed in the	1790
aggregate twenty-five per cent of the state's portfolio;	1791

(b) The investments in debt interests issued by foreign	1792
nations shall not exceed in the aggregate one per cent of the	1793
state's portfolio;	1794

(c) The investments in the debt interests of a single issuer	1795
shall not exceed in the aggregate one-half of one per cent of the	1796
state's portfolio, except that debt interests of a single issuer	1797
that is a foreign nation shall not exceed in the aggregate one per	1798
cent of the state's portfolio.	1799

The treasurer of state shall invest under division (A)(10) of	1800
this section in a debt interest issued by a foreign nation only if	1801
the debt interest is backed by the full faith and credit of that	1802
foreign nation, and provided that all interest and principal shall	1803
be denominated and payable in United States funds.	1804

For purposes of division (A)(10) of this section, a debt	1805
interest is rated in the three highest categories by two	1806
nationally recognized rating agencies if either the debt interest	1807
itself or the issuer of the debt interest is rated, or is	1808
implicitly rated, at the time of purchase in the three highest	1809
categories by two nationally recognized rating agencies.	1810

For purposes of division (A)(10) of this section, the	1811
"state's portfolio" means the state's total average portfolio, as	1812
determined and calculated by the treasurer of state.	1813

(11) No-load money market mutual funds consisting exclusively	1814
of obligations described in division (A)(1), (2), or (6) of this	1815
section and repurchase agreements secured by such obligations.	1816

(12) Obligations of a political subdivision issued under	1817
Chapter 133. of the Revised Code and identified in an agreement	1818
described in division (G) of this section.	1819

(B) Whenever, during a period of designation, the treasurer	1820
of state classifies public moneys as interim moneys, the treasurer	1821
of state shall notify the state board of deposit of such action.	1822
The notification shall be given within thirty days after such	1823
classification and, in the event the state board of deposit does	1824
not concur in such classification or in the investments or	1825
deposits made under this section, the board may order the	1826
treasurer of state to sell or liquidate any of the investments or	1827
deposits, and any such order shall specifically describe the	1828
investments or deposits and fix the date upon which they are to be	1829
sold or liquidated. Investments or deposits so ordered to be sold	1830
or liquidated shall be sold or liquidated for cash by the	1831
treasurer of state on the date fixed in such order at the then	1832
current market price. Neither the treasurer of state nor the	1833
members of the state board of deposit shall be held accountable	1834
for any loss occasioned by sales or liquidations of investments or	1835
deposits at prices lower than their cost. Any loss or expense	1836
incurred in making these sales or liquidations is payable as other	1837
expenses of the treasurer's office.	1838

(C) If any securities or obligations invested in by the	1839
treasurer of state pursuant to this section are registrable either	1840
as to principal or interest, or both, such securities or	1841
obligations shall be registered in the name of the treasurer of	1842
state.	1843

(D) The treasurer of state is responsible for the safekeeping	1844
of all securities or obligations under this section. Any such	1845
securities or obligations may be deposited for safekeeping as	1846
provided in section 113.05 of the Revised Code.	1847

(E) Interest earned on any investments or deposits authorized	1848
by this section shall be collected by the treasurer of state and	1849
credited by the treasurer of state to the proper fund of the	1850
state.	1851

(F) Whenever investments or deposits acquired under this	1852
section mature and become due and payable, the treasurer of state	1853
shall present them for payment according to their tenor, and shall	1854
collect the moneys payable thereon. The moneys so collected shall	1855
be treated as public moneys subject to sections 135.01 to 135.21	1856
of the Revised Code.	1857

(G) The treasurer of state and any political subdivision	1858
issuing obligations referred to in division (A)(12) of this	1859
section, which obligations mature within one year from the	1860
original date of issuance, may enter into an agreement providing	1861
for:	1862

(1) The purchase of those obligations by the treasurer of	1863
state on terms and subject to conditions set forth in the	1864
agreement;	1865

(2) The payment by the political subdivision to the treasurer	1866
of state of a reasonable fee as consideration for the agreement of	1867
the treasurer of state to purchase those obligations; provided,	1868
however, that the treasurer of state shall not be authorized to	1869
enter into any such agreement with a board of education of a	1870
school district that has an outstanding obligation with respect to	1871
a loan received under authority of section 3313.483 of the Revised	1872
Code.	1873

(H) For purposes of division (G) of this section, a fee shall	1874
not be considered reasonable unless it is set to recover only the	1875
direct costs, a reasonable estimate of the indirect costs	1876
associated with the purchasing of obligations of a political	1877
subdivision under division (G) of this section and any reselling	1878
of the obligations or any interest in the obligations, including	1879
interests in a fund comprised of the obligations, and the	1880
administration thereof. No money from the general revenue fund	1881
shall be used to subsidize the purchase or resale of these	1882
obligations.	1883

(I) All money collected by the treasurer of state from the	1884
fee imposed by division (G) of this section shall be deposited to	1885
the credit of the state political subdivision obligations fund,	1886
which is hereby created in the state treasury. Money credited to	1887
the fund shall be used solely to pay the treasurer of state's	1888
direct and indirect costs associated with purchasing and reselling	1889
obligations of a political subdivision under division (G) of this	1890
section.	1891

(J) In addition to the classifications of obligations set	1892
forth in divisions (A)(1) to (12) of this section, the treasurer	1893
of state may purchase obligations that are issued by a political	1894
subdivision relating to an eligible federal-military project	1895
approved by the federal-military jobs commission pursuant to	1896
Chapter 193. of the Revised Code and identified in an agreement	1897
described in division (J) of this section. A political subdivision	1898
and the treasurer of state may enter into an agreement that	1899
provides for the purchase of obligations under this section by the	1900
treasurer of state under the terms and conditions set forth in the	1901
agreement. Pursuant to the terms and conditions of the agreement,	1902
the political subdivision may provide for the payment of a	1903
reasonable fee to the treasurer of state as consideration for the	1904
treasurer of state purchasing the obligations, which shall be	1905
deposited into the state political subdivision obligations fund.	1906
The principal amount of obligations subject to agreements	1907
described in this division shall not exceed two hundred million	1908
dollars at any one time. No money from the general revenue fund	1909
shall be used to subsidize the purchase or resale of these	1910
obligations.	1911

(K) As used in this section, "political subdivision" means	1912
any political subdivision, taxing district, or other local or	1913
regional public body, agency, or instrumentality authorized under	1914
applicable law to issue bonds, notes, or other evidences of	1915
indebtedness, except that, for the purposes of divisions (A)(12),	1916
(G), (H), and (I) of this section, "political subdivision" means a	1917
county, township, municipal corporation, or board of education of	1918
a school district.	1919

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

1920

(1) "Historic building" means a building, including its	1921
structural components, that is located in this state and that is	1922
either individually listed on the national register of historic	1923
places under 16 U.S.C. 470a, located in a registered historic	1924
district, and certified by the state historic preservation officer	1925
as being of historic significance to the district, or is	1926
individually listed as an historic landmark designated by a local	1927
government certified under 16 U.S.C. 470a(c).	1928

(2) "Qualified rehabilitation expenditures" means	1929
expenditures paid or incurred during the rehabilitation period,	1930
and before and after that period as determined under 26 U.S.C. 47,	1931
by an owner or qualified lessee of an historic building to	1932
rehabilitate the building. "Qualified rehabilitation expenditures"	1933
includes architectural or engineering fees paid or incurred in	1934
connection with the rehabilitation, and expenses incurred in the	1935
preparation of nomination forms for listing on the national	1936
register of historic places. "Qualified rehabilitation	1937
expenditures" does not include any of the following:	1938

(a) The cost of acquiring, expanding, or enlarging an	1939
historic building;	1940

(b) Expenditures attributable to work done to facilities	1941
related to the building, such as parking lots, sidewalks, and	1942
landscaping;	1943

1944

(3) "Owner" of an historic building means a person holding	1945
the fee simple interest in the building. "Owner" does not include	1946
the state or a state agency, or any political subdivision as	1947
defined in section 9.23 of the Revised Code.	1948

(4) "Qualified lessee" means a person subject to a lease	1949
agreement for an historic building and eligible for the federal	1950
rehabilitation tax credit under 26 U.S.C. 47. "Qualified lessee"	1951
does not include the state or a state agency or political	1952
subdivision as defined in section 9.23 of the Revised Code.	1953

(5) "Certificate owner" means the owner or qualified lessee	1954
of an historic building to which a rehabilitation tax credit	1955
certificate was issued under this section.	1956

(6) "Registered historic district" means an historic district	1957
listed in the national register of historic places under 16 U.S.C.	1958
470a, an historic district designated by a local government	1959
certified under 16 U.S.C. 470a(c), or a local historic district	1960
certified under 36 C.F.R. 67.8 and 67.9.	1961

(7) "Rehabilitation" means the process of repairing or	1962
altering an historic building or buildings, making possible an	1963
efficient use while preserving those portions and features of the	1964
building and its site and environment that are significant to its	1965
historic, architectural, and cultural values.	1966

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

1967

(a) If the rehabilitation initially was not planned to be	1968
completed in stages, a period chosen by the owner or qualified	1969
lessee not to exceed twenty-four months during which	1970
rehabilitation occurs;	1971

(b) If the rehabilitation initially was planned to be	1972
completed in stages, a period chosen by the owner or qualified	1973
lessee not to exceed sixty months during which rehabilitation	1974
occurs. Each stage shall be reviewed as a phase of a	1975
rehabilitation as determined under 26 C.F.R. 1.48-12 or a	1976
successor to that section.	1977

(9) "State historic preservation officer" or "officer" means	1978
the state historic preservation officer appointed by the governor	1979
under 16 U.S.C. 470a.	1980

(10) "Catalytic project" means the rehabilitation of an	1981
historic building, the rehabilitation of which will foster	1982
economic development within two thousand five hundred feet of the	1983
historic building.	1984

(B) The owner or qualified lessee of an historic building may	1985
apply to the director of development services for a rehabilitation	1986
tax credit certificate for qualified rehabilitation expenditures	1987
paid or incurred by such owner or qualified lessee after April 4,	1988
2007, for rehabilitation of an historic building. If the owner of	1989
an historic building enters a pass-through agreement with a	1990
qualified lessee for the purposes of the federal rehabilitation	1991
tax credit under 26 U.S.C. 47, the qualified rehabilitation	1992
expenditures paid or incurred by the owner after April 4, 2007,	1993
may be attributed to the qualified lessee.	1994

The form and manner of filing such applications shall be	1995
prescribed by rule of the director. Each application shall state	1996
the amount of qualified rehabilitation expenditures the applicant	1997
estimates will be paid or incurred. The director may require	1998
applicants to furnish documentation of such estimates.	1999

The director, after consultation with the tax commissioner	2000
and in accordance with Chapter 119. of the Revised Code, shall	2001
adopt rules that establish all of the following:	2002

(1) Forms and procedures by which applicants may apply for	2003
rehabilitation tax credit certificates;	2004

(2) Criteria for reviewing, evaluating, and approving	2005
applications for certificates within the limitations under	2006
division (D) of this section, criteria for assuring that the	2007
certificates issued encompass a mixture of high and low qualified	2008
rehabilitation expenditures, and criteria for issuing certificates	2009
under division (C)(3)(b) of this section;	2010

(3) Eligibility requirements for obtaining a certificate	2011
under this section;	2012

(4) The form of rehabilitation tax credit certificates;

2013

(5) Reporting requirements and monitoring procedures;

2014

(6) Procedures and criteria for conducting cost-benefit	2015
analyses of historic buildings that are the subjects of	2016
applications filed under this section. The purpose of a	2017
cost-benefit analysis shall be to determine whether rehabilitation	2018
of the historic building will result in a net revenue gain in	2019
state and local taxes once the building is used.	2020

(7) Any other rules necessary to implement and administer	2021
this section.	2022

(C) The director of development services shall review the	2023
applications with the assistance of the state historic	2024
preservation officer and determine whether all of the following	2025
criteria are met:	2026

(1) That the building that is the subject of the application	2027
is an historic building and the applicant is the owner or	2028
qualified lessee of the building;	2029

(2) That the rehabilitation will satisfy standards prescribed	2030
by the United States secretary of the interior under 16 U.S.C.	2031
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to	2032
that section;	2033

(3) That receiving a rehabilitation tax credit certificate	2034
under this section is a major factor in:	2035

(a) The applicant's decision to rehabilitate the historic	2036
building; or	2037

(b) To increase the level of investment in such	2038
rehabilitation.	2039

An applicant shall demonstrate to the satisfaction of the	2040
state historic preservation officer and director of development	2041
services that the rehabilitation will satisfy the standards	2042
described in division (C)(2) of this section before the applicant	2043
begins the physical rehabilitation of the historic building.	2044

(D)(1) If the director of development services determines	2045
that an application meets the criteria in divisions (C)(1), (2),	2046
and (3) of this section, the director shall conduct a cost-benefit	2047
analysis for the historic building that is the subject of the	2048
application to determine whether rehabilitation of the historic	2049
building will result in a net revenue gain in state and local	2050
taxes once the building is used. The director shall consider the	2051
results of the cost-benefit analysis in determining whether to	2052
approve the application. The director shall also consider the	2053
potential economic impact and the regional distributive balance of	2054
the credits throughout the state. The director may approve an	2055
application only after completion of the cost-benefit analysis.	2056

(2) A rehabilitation tax credit certificate shall not be	2057
issued for an amount greater than the estimated amount furnished	2058
by the applicant on the application for such certificate and	2059
approved by the director. The director shall not approve more than	2060
a total of sixty million dollars of rehabilitation tax credits per	2061
fiscal year but the director may reallocate unused tax credits	2062
from a prior fiscal year for new applicants and such reallocated	2063
credits shall not apply toward the dollar limit of this division.	2064

(3) For rehabilitations with a rehabilitation period not	2065
exceeding twenty-four months as provided in division (A)~~(7)~~(8)(a)	2066
of this section, a rehabilitation tax credit certificate shall not	2067
be issued before the rehabilitation of the historic building is	2068
completed.	2069

(4) For rehabilitations with a rehabilitation period not	2070
exceeding sixty months as provided in division (A)~~(7)~~(8)(b) of	2071
this section, a rehabilitation tax credit certificate shall not be	2072
issued before a stage of rehabilitation is completed. After all	2073
stages of rehabilitation are completed, if the director cannot	2074
determine that the criteria in division (C) of this section are	2075
satisfied for all stages of rehabilitations, the director shall	2076
certify this finding to the tax commissioner, and any	2077
rehabilitation tax credits received by the applicant shall be	2078
repaid by the applicant and may be collected by assessment as	2079
unpaid tax by the commissioner.	2080

(5) The director of development services shall require the	2081
applicant to provide a third-party cost certification by a	2082
certified public accountant of the actual costs attributed to the	2083
rehabilitation of the historic building when qualified	2084
rehabilitation expenditures exceed two hundred thousand dollars.	2085

If an applicant whose application is approved for receipt of	2086
a rehabilitation tax credit certificate fails to provide to the	2087
director sufficient evidence of reviewable progress, including a	2088
viable financial plan, copies of final construction drawings, and	2089
evidence that the applicant has obtained all historic approvals	2090
within twelve months after the date the applicant received	2091
notification of approval, and if the applicant fails to provide	2092
evidence to the director that the applicant has secured and closed	2093
on financing for the rehabilitation within eighteen months after	2094
receiving notification of approval, the director may rescind the	2095
approval of the application. The director shall notify the	2096
applicant if the approval has been rescinded. Credits that would	2097
have been available to an applicant whose approval was rescinded	2098
shall be available for other qualified applicants. Nothing in this	2099
division prohibits an applicant whose approval has been rescinded	2100
from submitting a new application for a rehabilitation tax credit	2101
certificate.	2102

(6) The director of development services may approve the	2103
application of, and issue a rehabilitation tax credit certificate	2104
to, the owner of a catalytic project, provided the application	2105
otherwise meets the criteria described in divisions (C) and (D) of	2106
this section. The director may not issue more than one	2107
rehabilitation tax credit certificate under division (D)(6) of	2108
this section during each state fiscal biennium. The director shall	2109
consider the following criteria in determining whether to issue a	2110
certificate under division (D)(6) of this section:	2111

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

2112

(b) The effect issuance of the certificate would have on the	2113
availability of credits for other applicants that qualify for a	2114
credit certificate within the credit dollar limit described in	2115
division (D)(2) of this section;	2116

(c) The number of jobs, if any, the catalytic project will	2117
create.	2118

(7)(a) The owner or qualified lessee of a historic building	2119
may apply for a rehabilitation tax credit certificate under both	2120
divisions (B) and (D)(6) of this section. In such a case, the	2121
director of development services shall consider each application	2122
at the time the application is submitted.	2123

(b) The director of development services shall not issue more	2124
than one certificate under this section with respect to the same	2125
qualified rehabilitation expenditures.	2126

(E) Issuance of a certificate represents a finding by the	2127
director of development services of the matters described in	2128
divisions (C)(1), (2), and (3) of this section only; issuance of a	2129
certificate does not represent a verification or certification by	2130
the director of the amount of qualified rehabilitation	2131
expenditures for which a tax credit may be claimed under section	2132
5725.151, 5725.34, 5726.52, 5729.17, 5733.47, or 5747.76 of the	2133
Revised Code. The amount of qualified rehabilitation expenditures	2134
for which a tax credit may be claimed is subject to inspection and	2135
examination by the tax commissioner or employees of the	2136
commissioner under section 5703.19 of the Revised Code and any	2137
other applicable law. Upon the issuance of a certificate, the	2138
director shall certify to the tax commissioner, in the form and	2139
manner requested by the tax commissioner, the name of the	2140
applicant, the amount of qualified rehabilitation expenditures	2141
shown on the certificate, and any other information required by	2142
the rules adopted under this section.	2143

(F)(1) On or before the first day of April each year, the	2144
director of development services and tax commissioner jointly	2145
shall submit to the president of the senate and the speaker of the	2146
house of representatives a report on the tax credit program	2147
established under this section and sections 5725.151, 5725.34,	2148
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code. The	2149
report shall present an overview of the program and shall include	2150
information on the number of rehabilitation tax credit	2151
certificates issued under this section during the preceding fiscal	2152
year, an update on the status of each historic building for which	2153
an application was approved under this section, the dollar amount	2154
of the tax credits granted under sections 5725.151, 5725.34,	2155
5726.52, 5729.17, 5733.47, and 5747.76 of the Revised Code, and	2156
any other information the director and commissioner consider	2157
relevant to the topics addressed in the report.	2158

(2) On or before December 1, 2015, the director of	2159
development services and tax commissioner jointly shall submit to	2160
the president of the senate and the speaker of the house of	2161
representatives a comprehensive report that includes the	2162
information required by division (F)(1) of this section and a	2163
detailed analysis of the effectiveness of issuing tax credits for	2164
rehabilitating historic buildings. The report shall be prepared	2165
with the assistance of an economic research organization jointly	2166
chosen by the director and commissioner.	2167

(G) There is hereby created in the state treasury the	2168
historic rehabilitation tax credit operating fund. The director of	2169
development services is authorized to charge reasonable	2170
application and other fees in connection with the administration	2171
of tax credits authorized by this section and sections 5725.151,	2172
5725.34, 5726.52, 5729.17, ~~5733.44~~5733.47, and 5747.76 of the	2173
Revised Code. Any such fees collected shall be credited to the	2174
fund and used to pay reasonable costs incurred by the department	2175
of development services in administering this section and sections	2176
5725.151, 5725.34, 5726.52, 5729.17, ~~5733.44~~5733.47, and 5747.76	2177
of the Revised Code.	2178

The Ohio historic preservation office is authorized to charge	2179
reasonable fees in connection with its review and approval of	2180
applications under this section. Any such fees collected shall be	2181
credited to the fund and used to pay administrative costs incurred	2182
by the Ohio historic preservation office pursuant to this section.	2183

(H) Notwithstanding sections 5725.151, 5725.34, 5726.52,	2184
5729.17, 5733.47, and 5747.76 of the Revised Code, the certificate	2185
owner of a tax credit certificate issued under division (D)(6) of	2186
this section may claim a tax credit equal to twenty-five per cent	2187
of the dollar amount indicated on the certificate for a total	2188
credit of not more than twenty-five million dollars. The credit	2189
claimed by such a certificate owner for any calendar year, tax	2190
year, or taxable year under section 5725.151, 5725.34, 5726.52,	2191
5729.17, 5733.47, or 5747.76 of the Revised Code shall not exceed	2192
five million dollars. If the certificate owner is eligible for	2193
more than five million dollars in total credits, the certificate	2194
owner may carry forward the balance of the credit in excess of the	2195
amount claimed for that year for not more than five ensuing	2196
calendar years, tax years, or taxable years. If the credit claimed	2197
in any calendar year, tax year, or taxable year exceeds the tax	2198
otherwise due, the excess shall be refunded to the taxpayer.	2199

Sec. 149.38. (A) Except as otherwise provided in section	2200
307.847 of the Revised Code, there is hereby created in each	2201
county a county records commission, composed of a member of the	2202
board of county commissioners as chairperson, the prosecuting	2203
attorney, the auditor, the recorder, and the clerk of the court of	2204
common pleas. The commission shall appoint a secretary, who may or	2205
may not be a member of the commission and who shall serve at the	2206
pleasure of the commission. The commission may employ an archivist	2207
or records manager to serve under its direction. The commission	2208
shall meet at least once every six months and upon the call of the	2209
chairperson.	2210

(B)(1) The functions of the county records commission shall	2211
be to provide rules for retention and disposal of records of the	2212
county, and to review applications for one-time disposal of	2213
obsolete records and schedules of records retention and	2214
disposition submitted by county offices. The commission may	2215
dispose of records pursuant to the procedure outlined in this	2216
section. The commission, at any time, may review any schedule it	2217
has previously approved and, for good cause shown, may revise that	2218
schedule, subject to division (D) of this section.	2219

(2)(a) As used in division (B)(2) of this section, "paper	2220
case records" means written reports of child abuse or neglect,	2221
written records of investigations, or other written records	2222
required to be prepared under section 2151.421, 5101.13, 5153.166,	2223
or 5153.17 of the Revised Code.	2224

(b) A county public children services agency may submit to	2225
the county records commission applications for one-time disposal,	2226
or schedules of records retention and disposition, of paper case	2227
records that have been entered into permanently maintained and	2228
retrievable fields in the state automated child welfare	2229
information system established under section 5101.13 of the	2230
Revised Code or entered into other permanently maintained and	2231
retrievable electronic files. The county records commission may	2232
dispose of the paper case records pursuant to the procedure	2233
outlined in this section.	2234

(C)(1) When the county records commission has approved any	2235
county application for one-time disposal of obsolete records or	2236
any schedule of records retention and disposition, the commission	2237
shall send that application or schedule to the Ohio historical	2238
society for its review. The Ohio historical society shall review	2239
the application or schedule within a period of not more than sixty	2240
days after its receipt of it. During the sixty-day review period,	2241
the Ohio historical society may select for its custody from the	2242
application for one-time disposal of obsolete records any records	2243
it considers to be of continuing historical value, and shall	2244
denote upon any schedule of records retention and disposition any	2245
records for which the Ohio historical society will require a	2246
certificate of records disposal prior to their disposal.	2247

(2) Upon completion of its review, the Ohio historical	2248
society shall forward the application for one-time disposal of	2249
obsolete records or the schedule of records retention and	2250
disposition to the auditor of state for the auditor's approval or	2251
disapproval. The auditor of state shall approve or disapprove the	2252
application or schedule within a period of not more than sixty	2253
days after receipt of it.	2254

(3) Before public records are to be disposed of pursuant to	2255
an approved schedule of records retention and disposition, the	2256
county records commission shall inform the Ohio historical society	2257
of the disposal through the submission of a certificate of records	2258
disposal for only the records required by the schedule to be	2259
disposed of and shall give the society the opportunity for a	2260
period of fifteen business days to select for its custody those	2261
records, from the certificate submitted, that it considers to be	2262
of continuing historical value. Upon the expiration of the	2263
fifteen-business-day period, the county records commission also	2264
shall notify the public libraries, county historical society,	2265
state universities, and other public or quasi-public institutions,	2266
agencies, or corporations in the county that have provided the	2267
commission with their name and address for these notification	2268
purposes, that the commission has informed the Ohio historical	2269
society of the records disposal and that the notified entities,	2270
upon written agreement with the Ohio historical society pursuant	2271
to section 149.31 of the Revised Code, may select records of	2272
continuing historical value, including records that may be	2273
distributed to any of the notified entities under section 149.31	2274
of the Revised Code. Any notified entity that notifies the county	2275
records commission of its intent to review and select records of	2276
continuing historical value from certificates of records disposal	2277
is responsible for the cost of any notice given and for the	2278
transportation of those records.	2279

(D) The rules of the county records commission shall include	2280
a rule that requires any receipts, checks, vouchers, or other	2281
similar records pertaining to expenditures from the delinquent tax	2282
and assessment collection fund created in section 321.261 of the	2283
Revised Code, from the real estate assessment fund created in	2284
section 325.31 of the Revised Code, or from amounts allocated for	2285
the furtherance of justice to the county sheriff under section	2286
325.071 of the Revised Code or to the prosecuting attorney under	2287
section 325.12 of the Revised Code to be retained for at least	2288
four years.	2289

(E) No person shall knowingly violate the rule adopted under	2290
division (D) of this section. Whoever violates that rule is guilty	2291
of a misdemeanor of the first degree.	2292

Sec. 153.56. (A) Any person to whom any money is due for	2293
labor or work performed or materials furnished in a public	2294
improvement as provided in section 153.54 of the Revised Code, at	2295
any time after performing the labor or work or furnishing the	2296
materials, but not later than ninety days after the completion of	2297
the contract by the principal contractor or design-build firm and	2298
the acceptance of the public improvement for which the bond was	2299
provided by the duly authorized board or officer, shall furnish	2300
the sureties on the bond, a statement of the amount due to the	2301
person.	2302

(B) A suit shall not be brought against sureties on the bond	2303
until after sixty days after the furnishing of the statement	2304
described in division (A) of this section. If the indebtedness is	2305
not paid in full at the expiration of that sixty days, and if the	2306
person complies with division (C) of this section, the person may	2307
bring an action in the person's own name upon the bond, as	2308
provided in sections 2307.06 and 2307.07 of the Revised Code, that	2309
action to be commenced, notwithstanding section 2305.12 of the	2310
Revised Code, not later than one year from the date of acceptance	2311
of the public improvement for which the bond was provided.	2312

(C) To exercise rights under this section, a subcontractor or	2313
materials supplier supplying labor or materials that cost more	2314
than thirty thousand dollars, who is not in direct privity of	2315
contract with the principal contractor or design-build firm for	2316
the public improvement, shall serve a notice of furnishing upon	2317
the principal contractor or design-build firm in the form provided	2318
in section 1311.261 of the Revised Code.	2319

(D) A subcontractor or materials supplier who serves a notice	2320
of furnishing under division (C) of this section as required to	2321
exercise rights under this section has the right of recovery only	2322
as to amounts owed for labor and work performed and materials	2323
furnished during and after the twenty-one days immediately	2324
preceding service of the notice of furnishing.	2325

(E) For purposes of this section:

2326

(1) "Design-build firm" has the same meaning as in section	2327
153.65 of the Revised Code.	2328

(2) "Principal contractor" has the same meaning as in section	2329
1311.25 of the Revised Code, and may include a ~~"construction~~	2330
~~manager" and a~~ "construction manager at risk" as defined in	2331
section 9.33 of the Revised Code.	2332

Sec. 156.03. (A) If the executive director of the Ohio	2333
facilities construction commission wishes to enter into an	2334
installment payment contract pursuant to section 156.04 of the	2335
Revised Code or any other contract to implement one or more energy	2336
or water saving measures, the executive director may proceed under	2337
Chapter 153. of the Revised Code, or, alternatively, the executive	2338
director may request the controlling board to exempt the contract	2339
from Chapter 153. of the Revised Code.	2340

A surety bond furnished pursuant to section 153.54 of the	2341
Revised Code shall not secure obligations related to energy or	2342
water savings as referenced in division (D) of this section.	2343

If the controlling board by a majority vote approves an	2344
exemption, that chapter shall not apply to the contract and	2345
instead the executive director shall request proposals from at	2346
least three parties for the implementation of the energy or water	2347
saving measures. Prior to providing any interested party a copy of	2348
any such request, the executive director shall advertise, in a	2349
newspaper of general circulation in the county where the contract	2350
is to be performed, and may advertise by electronic means pursuant	2351
to rules adopted by the executive director, the executive	2352
director's intent to request proposals for the implementation of	2353
the energy or water saving measures. The notice shall invite	2354
interested parties to submit proposals for consideration and shall	2355
be published at least thirty days prior to the date for accepting	2356
proposals.	2357

(B) Upon receiving the proposals, the executive director	2358
shall analyze them and, after considering the cost estimates of	2359
each proposal and the availability of funds to pay for each with	2360
current appropriations or by financing the cost of each through an	2361
installment payment contract under section 156.04 of the Revised	2362
Code, may select one or more proposals or reject all proposals. In	2363
selecting proposals, the executive director shall select the one	2364
or more proposals most likely to result in the greatest energy,	2365
water, or wastewater savings, operating costs savings, and avoided	2366
capital costs created.	2367

(C) No contract shall be awarded to implement energy or water	2368
saving measures under this section, unless the executive director	2369
finds that both of the following circumstances exists:	2370

(1) Not less than one-fifteenth of the costs of the contract	2371
shall be paid within two years from the date of purchase;	2372

(2) In the case of a contract for a cogeneration system	2373
described in division (B)(8) of section 156.01 of the Revised	2374
Code, the remaining balance of the cost of the contract shall be	2375
paid within twenty years from the date of purchase, and, in the	2376
case of all other contracts, fifteen years.	2377

(D) If the executive director determines that a surety bond	2378
is necessary to secure energy or water savings guaranteed in the	2379
contract, the energy services company shall provide a surety bond	2380
that satisfies all of the following requirements:	2381

(1) The penal sum of the surety bond for the first guarantee	2382
year shall equal the amount of savings included in the annual	2383
guaranteed savings amount that is measured and calculated in	2384
accordance with the measurement and verification plan included in	2385
the contract, but may not include savings that are not measured or	2386
that are stipulated in the contract. The annual guaranteed savings	2387
amount shall include only the savings guaranteed in the contract	2388
for the one-year term that begins on the first day of the first	2389
savings guarantee year and may not include amounts from subsequent	2390
years.	2391

(2) The surety bond shall have a term of not more than one	2392
year unless renewed. At the option of the executive director, the	2393
surety bond may be renewed for one or two additional terms, each	2394
term not to exceed one year. The surety bond may not be renewed or	2395
extended so that it is in effect for more than three consecutive	2396
years.	2397

In the event of a renewal, the penal sum of the surety bond	2398
for each renewed year shall be revised so that the penal sum	2399
equals the annual guaranteed savings amount for such renewal year	2400
that is measured and calculated in accordance with the measurement	2401
and verification plan included in the contract, but may not	2402
include savings that are not measured or that are stipulated in	2403
the contract. Regardless of the number of renewals of the bond,	2404
the aggregate liability under each renewed bond may not exceed the	2405
penal sum stated in the renewal certificate for the applicable	2406
renewal year.	2407

(3) The surety bond for the first year shall be issued within	2408
thirty days of the commencement of the first savings guarantee	2409
year under the contract.	2410

In the event of renewal, the surety shall deliver to the	2411
executive director a renewal certificate reflecting the revised	2412
penal sum within thirty days of the executive director's request.	2413
The executive director shall deliver the request for renewal not	2414
less than thirty days prior to the expiration date of the surety	2415
bond then in existence.	2416

Sec. 163.15. (A) As soon as the agency pays to the party	2417
entitled thereto or deposits with the court the amount of the	2418
award and the costs assessed against the agency, it may take	2419
possession; provided, that this shall not be construed to limit	2420
the right of a public agency to enter and take possession, as	2421
provided in section 163.06 of the Revised Code. When the agency is	2422
entitled to possession the court shall enter an order to such	2423
effect upon the record and, if necessary, process shall be issued	2424
to place the agency in possession. Whenever a final journal entry	2425
in an appropriation proceeding, granting to this state a fee title	2426
or any lesser estate or interest in real property is filed and	2427
journalized by the clerk of courts, the clerk of courts shall	2428
forthwith transmit to the county auditor a certified copy of said	2429
final journal entry who shall transfer the property on the	2430
auditor's books and transmit said entry with proper endorsement to	2431
the county recorder for recording. The costs of filing such final	2432
journal entry with the county auditor and the county recorder	2433
shall be taxed as costs in the appropriation proceedings the same	2434
as other costs are taxed under section 163.16 of the Revised Code.	2435

(B)(1) Whenever the appropriation of real property requires	2436
the owner, a commercial tenant, or a residential tenant identified	2437
by the owner in a notice filed with the court to move or relocate,	2438
the agency shall make a payment to that person, upon proper	2439
application as approved by the agency, for all of the following:	2440

(a) Actual reasonable expenses in moving the person and the	2441
person's family, business, farm operation, or other personal	2442
property;	2443

(b) Actual direct losses of tangible personal property as a	2444
result of moving or discontinuing a business or farm operation,	2445
but not to exceed an amount equal to the reasonable expenses that	2446
would have been required to relocate such property, as determined	2447
by the agency;	2448

(c) Actual reasonable expenses in searching for a replacement	2449
business or farm, but not to exceed two thousand five hundred	2450
dollars;	2451

(d) Actual and reasonable expenses necessary to reestablish a	2452
farm, nonprofit organization, or small business at its new site,	2453
but not to exceed ~~ten~~twenty-five thousand dollars.	2454

(2) If the agency does not approve a payment for which the	2455
owner applied under division (B)(1) of this section, the trier of	2456
fact, upon presentation of proof, shall determine whether to award	2457
a payment for the expenses described in division (B)(1) of this	2458
section and the amount of any award. The owner shall have the	2459
burden of proof with respect to those expenses.	2460

(3)(a) In addition to any payments an owner of a business may	2461
receive under division (B)(1) of this section, an owner of a	2462
business who is required by an appropriation of real property to	2463
relocate the business may recover damages for the owner's actual	2464
economic loss resulting from the appropriation, as proven by the	2465
owner by a preponderance of the evidence. Compensation for actual	2466
economic loss under this division shall not include any attorney's	2467
fees and shall not duplicate any amount awarded as compensation	2468
under this chapter.	2469

(b) The amount of compensation awarded under division	2470
(B)(3)(a) of this section shall not exceed twelve months net	2471
profit of the business on an annualized basis. Except as otherwise	2472
provided in division (B)(3)(c) of this section, if the agency is	2473
appropriating property in time of war or other public exigency	2474
imperatively requiring its immediate seizure, for the purpose of	2475
making or repairing roads that shall be open to the public without	2476
charge, for the purpose of implementing rail service under Chapter	2477
4981. of the Revised Code, or under section 307.08, 504.19,	2478
6101.181, 6115.221, 6117.39, or 6119.11 of the Revised Code as the	2479
result of a public exigency, or the agency is a municipal	2480
corporation that is appropriating property as a result of a public	2481
exigency, the period for which the net profit of the business is	2482
calculated shall be twelve months minus the time period from the	2483
date the agency gives the notice required by section 163.04 of the	2484
Revised Code to the date the agency deposits the value of the	2485
property with the court pursuant to section 163.06 of the Revised	2486
Code or pays that amount to the owner, but in no event shall the	2487
compensation time period be less than fifteen days. If the period	2488
on which the loss is calculated is reduced to fifteen days and the	2489
relocation is unusually complex, the owner may request the agency	2490
to increase that period by up to fifteen additional days. If the	2491
agency fails to pay the compensation as provided under division	2492
(B)(3)(a) of this section or denies the request, the owner may	2493
seek an award of such compensation pursuant to this section.	2494

(c) In case of an act of God or other public exigency that	2495
requires an immediate taking of property to protect public health	2496
or safety or in case of a voluntary conveyance, the amount of	2497
compensation awarded under division (B)(3)(a) of this section	2498
shall not exceed fifteen days net profit of the business on an	2499
annualized basis. The owner may request the agency to increase	2500
that period by up to fifteen additional days. If the agency fails	2501
to pay the compensation as provided under division (B)(3)(a) of	2502
this section or denies the request, the owner may seek an award of	2503
such compensation pursuant to this section.	2504

Sec. 163.53. (A) Whenever the acquisition of real property	2505
for a program or project undertaken by a displacing agency will	2506
result in the displacement of any person, the head of the agency	2507
shall make a payment to any displaced person, upon proper	2508
application as approved by such agency head, for all of the	2509
following:	2510

(1) Actual reasonable expenses in moving the person, the	2511
person's family, business, farm operation, or other personal	2512
property;	2513

(2) Actual direct losses of tangible personal property as a	2514
result of moving or discontinuing a business or farm operation,	2515
but not to exceed an amount equal to the reasonable expenses that	2516
would have been required to relocate such property, as determined	2517
by the head of the displacing agency;	2518

(3) Actual reasonable expenses in searching for a replacement	2519
business or farm, but not to exceed two thousand five hundred	2520
dollars;	2521

(4) Actual and reasonable expenses necessary to reestablish a	2522
displaced farm, nonprofit organization, or small business at its	2523
new site, but not to exceed ~~ten~~twenty-five thousand dollars.	2524

(B) Any displaced person eligible for payments under division	2525
(A) of this section who is displaced from a dwelling and who	2526
elects to accept the payments authorized by this division in lieu	2527
of the payments authorized by division (A) of this section may	2528
receive an expense and dislocation allowance, determined according	2529
to a schedule established by the head of the displacing agency.	2530

(C) Any displaced person eligible for payments under division	2531
(A) of this section who is displaced from the person's place of	2532
business or from the person's farm operation may qualify for the	2533
payment authorized by this division in lieu of the payment	2534
authorized by division (A) of this section. The payment authorized	2535
by this division shall consist of a fixed payment in an amount to	2536
be determined according to criteria established by the head of the	2537
lead agency, except that such payment shall be not less than one	2538
thousand dollars nor more than ~~twenty~~forty thousand dollars. A	2539
person whose sole business at the displacement dwelling is the	2540
rental of such property to others does not qualify for a payment	2541
under this division.	2542

(D)(1) Except as provided in section 5501.51 of the Revised	2543
Code, if a program or project undertaken by a displacing agency	2544
results in the relocation of a utility facility, and the purpose	2545
of the program or project was not to relocate or reconstruct any	2546
utility facility; and if the owner of the utility facility which	2547
is being relocated under such program or project has entered into	2548
a franchise or similar agreement with the state or local	2549
government on whose property, easement, or right-of-way such	2550
facility is located with respect to the use of such property,	2551
easement, or right-of-way; and if the relocation of such facility	2552
results in such owner incurring an extraordinary cost in	2553
connection with such relocation; then the displacing agency may,	2554
in accordance with such rules as the head of the lead agency may	2555
adopt, provide to such owner a relocation payment which may not	2556
exceed the amount of such extraordinary cost, less any increase in	2557
the value of the new utility facility above the value of the old	2558
utility facility, and less any salvage value derived from the old	2559
utility facility.	2560

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

2561

(a) "Extraordinary cost in connection with a relocation"	2562
means any cost incurred by the owner of a utility facility in	2563
connection with relocation of such facility that is determined by	2564
the head of the displacing agency, under such rules as the head of	2565
the lead agency shall adopt, to be a nonroutine relocation	2566
expense, to be a cost that owner ordinarily does not include in	2567
its annual budget as an expense of operation, and to meet such	2568
other requirements as the lead agency may prescribe in such rules.	2569

(b) "Utility facility" means any electric, gas, water, steam	2570
power, or materials transmission or distribution system; any	2571
transportation system; any communications system, including cable	2572
television; and any fixture, equipment, or other property	2573
associated with the operation, maintenance, or repair of any such	2574
system; which is located on property owned by a state or local	2575
government or over which a state or local government has an	2576
easement or right-of-way. A utility facility may be publicly,	2577
privately, or cooperatively owned.	2578

Sec. 163.54. (A) In addition to payments otherwise	2579
authorized by sections 163.51 to 163.62 of the Revised Code, the	2580
head of the displacing agency shall make an additional payment not	2581
to exceed ~~twenty-two~~thirty-one thousand ~~five hundred~~ dollars to	2582
any displaced person who is displaced from a dwelling actually	2583
owned and occupied by ~~him~~the displaced person for not less than	2584
~~one hundred eighty~~ninety days prior to the initiation of	2585
negotiations for the acquisition of the property. Such additional	2586
payment shall include the following elements:	2587

(1) The amount, if any, which when added to the acquisition	2588
cost of the dwelling acquired by the displacing agency, equals the	2589
reasonable cost of a comparable replacement dwelling.	2590

(2) The amount, if any, which will compensate the displaced	2591
person for any increased interest costs and other debt service	2592
costs which the person is required to pay for financing the	2593
acquisition of a comparable replacement dwelling. This amount	2594
shall be paid only if the dwelling acquired by the displacing	2595
agency was encumbered by a bona fide mortgage which was a valid	2596
lien on the dwelling for not less than ~~one hundred eighty~~ninety	2597
days prior to the initiation of negotiations for the acquisition	2598
of the dwelling.	2599

(3) Reasonable expenses incurred by the displaced person for	2600
evidence of title, recording fees, and other closing costs	2601
incident to the purchase of the replacement dwelling, but not	2602
including prepaid expenses.	2603

(4) A rental assistance payment for a displaced person who is	2604
eligible for a replacement housing payment under this section but	2605
who elects to rent a replacement dwelling. The amount of the	2606
rental assistance payment shall be based on a determination of	2607
market rent for the acquired dwelling compared to a comparable	2608
rental dwelling available on the market in the general area of the	2609
acquired dwelling. The difference, if any, shall be computed in	2610
accordance with division (A) of section 163.55 of the Revised	2611
Code, except the limit of seven thousand two hundred dollars shall	2612
not apply. Under no circumstances shall the rental assistance	2613
payment exceed the amount that the displaced person could have	2614
received under division (A)(1) of this section. A displaced person	2615
who is eligible to receive a replacement housing payment under	2616
this section is not eligible for a down payment assistance payment	2617
described in division (B) of section 163.55 of the Revised Code.	2618

(B) The additional payment authorized by this section shall	2619
be made only to a displaced person who purchases and occupies a	2620
replacement dwelling which is decent, safe, and sanitary not later	2621
than the end of the one-year period beginning on the date on which	2622
hethe displaced person receives from the displacing agency final	2623
payment of all costs of the acquired dwelling, or on the date on	2624
which the displacing agency's obligation under division (B)(3) of	2625
section 163.56 of the Revised Code is met, whichever is later,	2626
except that the displacing agency may extend the period for good	2627
cause. If the period is extended, the payment under this section	2628
shall be based on the costs of relocating the person to a	2629
comparable replacement dwelling within one year after the	2630
displaced person receives from the displacing agency final payment	2631
of all costs of the acquired dwelling.	2632

Sec. 163.55. (A) In addition to amounts otherwise authorized	2633
by sections 163.51 to 163.62 of the Revised Code, the head of a	2634
displacing agency shall make a payment to or for any displaced	2635
person displaced from any dwelling not eligible to receive a	2636
payment under section 163.54 of the Revised Code which dwelling	2637
was actually and lawfully occupied by such displaced person for	2638
not less than ninety days prior to the initiation of negotiations	2639
for acquisition of such dwelling, or in any case in which	2640
displacement is not a direct result of acquisition, not less than	2641
ninety days prior to such other event as the head of the lead	2642
agency shall prescribe. The payment shall consist of the amount	2643
necessary to enable the displaced person to lease or rent for a	2644
period not to exceed forty-two months, a comparable replacement	2645
dwelling, but not to exceed ~~five~~seven thousand two hundred ~~fifty~~	2646
dollars. At the discretion of the head of the displacing agency, a	2647
payment under this division may be made in periodic installments.	2648
Computation of a payment under this division to a low-income	2649
displaced person shall take into account the person's income.	2650

(B) Any person eligible for a payment under division (A) of	2651
this section may elect to apply the payment to a down payment on,	2652
and other incidental expenses pursuant to, the purchase of a	2653
decent, safe, and sanitary replacement dwelling. The person may,	2654
under criteria established by the head of the displacing agency,	2655
be eligible under this division for the maximum payment allowed	2656
under division (A) of this section~~, except that, in the case of a~~	2657
~~displaced home owner who has owned and occupied the displacement~~	2658
~~dwelling for at least ninety days but not more than one hundred~~	2659
~~eighty days immediately prior to the initiation of negotiations~~	2660
~~for the acquisition of such dwelling, the payment shall not exceed~~	2661
~~the payment the person would otherwise have received under section~~	2662
~~163.54 of the Revised Code had the person owned and occupied the~~	2663
~~displacement dwelling one hundred eighty days immediately prior to~~	2664
~~the initiation of the negotiations~~.	2665

Sec. 164.26. (A) The director of the Ohio public works	2666
commission shall establish policies related to the need for	2667
long-term ownership, or long-term control through a lease or the	2668
purchase of an easement, of real property that is the subject of	2669
an application for a grant under sections 164.20 to 164.27 of the	2670
Revised Code and establish requirements for documentation to be	2671
submitted by grant applicants that is necessary for the proper	2672
administration of this division. The policies shall provide for	2673
proper ~~penalties, including~~liquidated damages and grant	2674
repayment, for entities that fail to comply with the long-term	2675
ownership or control requirements established under this division.	2676

The director also shall adopt policies delineating what	2677
constitutes administrative costs for purposes of division (F) of	2678
section 164.27 of the Revised Code.	2679

(B) The Ohio public works commission shall administer	2680
sections 164.20 to 164.27 of the Revised Code and shall exercise	2681
any authority and use any procedures granted or established under	2682
sections 164.02 and 164.05 of the Revised Code that are necessary	2683
for that purpose.	2684

Sec. 164.261. All of the following apply to any repayment of	2685
a grant awarded under sections 164.20 to 164.27 of the Revised	2686
Code:	2687

(A) The Ohio public works commission shall deposit the grant	2688
repayment into the clean Ohio conservation fund created in section	2689
164.27 of the Revised Code.	2690

(B) The commission shall return the grant repayment to the	2691
natural resource assistance council that approved the grant	2692
application.	2693

(C) The grant repayment shall be used for the same purpose as	2694
the grant was originally approved for, as provided in section	2695
164.22 of the Revised Code.	2696

Sec. 173.47. (A) For purposes of publishing the Ohio	2697
long-term care consumer guide, the department of aging shall	2698
conduct or provide for the conduct of an annual customer	2699
satisfaction survey of each long-term care facility. The results	2700
of the surveys may include information obtained from long-term	2701
care facility residents, their families, or both. A survey that is	2702
to include information obtained from nursing facility residents	2703
shall include the questions specified in divisions (C)(7)(a) and	2704
(b) ~~and (18) and (D)(7)(a) and (b)~~ of section 5165.25 of the	2705
Revised Code. A survey that is to include information obtained	2706
from the families of nursing facility residents shall include the	2707
questions specified in divisions (C)(8)(a) and (b) ~~and (19) and~~	2708
~~(D)(8)(a) and (b)~~ of section 5165.25 of the Revised Code.	2709

(B) Each long-term care facility shall cooperate in the	2710
conduct of its annual customer satisfaction survey.	2711

Sec. 175.04. (A) The governor shall appoint a chairperson	2712
from among the members. The agency members shall elect a member as	2713
vice-chairperson. The agency members may appoint other officers,	2714
who need not be members of the agency, as the agency deems	2715
necessary.	2716

(B) Six members of the agency constitute a quorum and the	2717
affirmative vote of six members is necessary for any action the	2718
agency takes. No vacancy in agency membership impairs the right of	2719
a quorum to exercise all of the agency's rights and perform all	2720
the agency's duties. Agency meetings may be held at any place	2721
within the state. Meetings shall comply with section 121.22 of the	2722
Revised Code.	2723

(C) The agency shall maintain accounting records in	2724
accordance with generally accepted accounting principals and other	2725
required accounting standards.	2726

(D) The agency shall develop policies and guidelines for the	2727
administration of its programs and annually shall conduct at least	2728
one public hearing to obtain input from any interested party	2729
regarding the administration of its programs. The hearing shall be	2730
held at a time and place as the agency determines and when a	2731
quorum of the agency is present.	2732

(E) The agency shall appoint committees and subcommittees	2733
comprised of members of the agency to handle matters it deems	2734
appropriate.	2735

(1) The agency shall adopt an annual plan to address this	2736
state's housing needs. The agency shall appoint an annual plan	2737
committee to develop the plan and present it to the agency for	2738
consideration.	2739

(2) The annual plan committee shall select an advisory board	2740
from a list of interested individuals the executive director	2741
provides or on its own recommendation. The advisory board shall	2742
provide input on the plan at committee meetings prior to the	2743
annual public hearing. At the public hearing, the committee shall	2744
discuss advisory board comments. The advisory board may include,	2745
but is not limited to, persons who represent state agencies, local	2746
governments, public corporations, nonprofit organizations,	2747
community development corporations, housing advocacy organizations	2748
for low- and moderate-income persons, realtors, syndicators,	2749
investors, lending institutions as recommended by a statewide	2750
banking organization, and other entities participating in the	2751
agency's programs.	2752

Each agency program that allows for loans to be made to	2753
finance housing for owner occupancy that benefits other than low-	2754
and moderate-income households, or for loans to be made to	2755
individuals under bonds issued pursuant to division (B) of section	2756
175.08 of the Revised Code, shall be presented to the advisory	2757
board and included in the annual plan as approved by the agency	2758
before the program's implementation.	2759

(F) The agency shall prepare an annual financial report	2760
describing its activities during the reporting year and submit	2761
that report in accordance with division (H) of this section and to	2762
the governor, the speaker of the house of representatives, and the	2763
president of the senate within three months after the end of the	2764
reporting year. The report shall include the agency's audited	2765
financial statements, prepared in accordance with generally	2766
accepted accounting principles and appropriate accounting	2767
standards.	2768

(G) The agency shall prepare an annual report of its programs	2769
describing how the programs have met this state's housing needs.	2770
The agency shall submit the report in accordance with division (H)	2771
of this section and to the governor, the speaker of the house of	2772
representatives, and the president of the senate within three	2773
months after the end of the reporting year.	2774

(H)(1) The agency shall submit, within a time frame agreed to	2775
by the agency and the chairs, the annual financial report	2776
described in division (F) of this section and the annual report of	2777
programs described in division (G) of this section to the chairs	2778
of the committees dealing with housing issues in the house of	2779
representatives and the senate.	2780

(2) Within forty-five days of issuance of the annual	2781
financial report, the agency's executive director shall request to	2782
appear in person before the committees described in division	2783
(H)(1) of this section to testify in regard to the financial	2784
report and the report of programs. The testimony shall include	2785
each of the following:	2786

(a) An overview of the annual plan adopted pursuant to	2787
division (E)(1) of this section;	2788

(b) An evaluation of whether the objectives in the annual	2789
plan were met through a comparison of the annual plan with the	2790
annual financial report and report of programs;	2791

(c) A complete listing by award and amount of all business	2792
and contractual relationships in excess of one hundred thousand	2793
dollars between the agency and other entities and organizations	2794
that participated in agency programs during the fiscal year	2795
reported by the agency's annual financial report and report of	2796
programs;	2797

(d) A complete listing by award and amount of the low-income	2798
housing tax credit syndication and direct investor entities for	2799
projects that received tax credit reservations and IRS Form 8609	2800
during the fiscal year.	2801

Sec. 175.05. (A) The Ohio housing finance agency shall do all	2802
of the following related to the agency's operation:	2803

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

2804

(2) Employ and fix the compensation of anthe executive	2805
director who serves at the pleasure of the agency to administer	2806
the agency's programs and activities. The executive director may	2807
employ and fix the compensation of employees in the unclassified	2808
civil service as necessary to carry out this chapter and may	2809
employ other personnel who are governed by collective bargaining	2810
law and classified under that law. The executive director shall	2811
~~file financial disclosure statements~~carry out all duties as	2812
described in section ~~102.02~~175.053 of the Revised Code.	2813

(3) Establish an operating budget for the agency and	2814
administer funds appropriated for the agency's use;	2815

(4) Notwithstanding any other provision of the Revised Code,	2816
hold all moneys, funds, properties, and assets the agency acquires	2817
or that are directly or indirectly within the agency's control,	2818
including proceeds from the sale of bonds, revenues, and	2819
otherwise, in trust for the purpose of exercising its powers and	2820
carrying out its duties pursuant to this chapter. Notwithstanding	2821
any other provision of the Revised Code other than section 175.051	2822
of the Revised Code, at no time shall the agency's moneys, funds,	2823
properties, or assets be considered public moneys, public funds,	2824
public properties, or public assets or subject to Chapters 131.	2825
and 135. of the Revised Code.	2826

(5) Maintain a principal office and other offices within the	2827
state.	2828

(B) The Ohio housing finance agency may do any of the	2829
following related to the agency's operation:	2830

(1) Except as otherwise provided in section 174.04 of the	2831
Revised Code, determine income limits for low- and moderate-income	2832
persons and establish periodic reviews of income limits. In	2833
determining income limits, the agency shall take into	2834
consideration the amount of income available for housing, family	2835
size, the cost and condition of available housing, ability to pay	2836
the amounts the private market charges for decent, safe, and	2837
sanitary housing without federal subsidy or state assistance, and	2838
the income eligibility standards of federal programs. Income	2839
limits may vary from area to area within the state.	2840

(2) Provide technical information, advice, and assistance	2841
related to obtaining federal and state aid to assist in the	2842
planning, construction, rehabilitation, refinancing, and operation	2843
of housing;	2844

(3) Provide information, assistance, or instruction	2845
concerning agency programs, eligibility requirements, application	2846
procedures, and other related matters;	2847

(4) Procure or require the procurement of insurance and pay	2848
the premium against loss in connection with the agency's	2849
operations, to include the repayment of a loan, in amounts and	2850
from insurers, including the federal government, as the agency	2851
determines;	2852

(5) Contract with, retain, or designate financial	2853
consultants, accountants, and other consultants and independent	2854
contractors, other than attorneys, whom the agency determines are	2855
necessary or appropriate;	2856

(6) Charge, alter, and collect interest and other charges for	2857
program services including, but not limited to, the allocation of	2858
loan funds, the purchase of mortgage loans, and the provision of	2859
services that include processing, inspecting, and monitoring of	2860
housing units financed and the financial records for those units;	2861

(7) Conduct or authorize studies and analyses of housing	2862
needs and conditions to the extent that those activities are not	2863
carried out by other agencies in a manner that is satisfactory for	2864
the agency's needs;	2865

(8)(a) Acquire by gift, purchase, foreclosure, investment, or	2866
other means, and hold, assign, pledge, lease, transfer, or	2867
otherwise dispose of real and personal property or any interest in	2868
that property in the exercise of its powers and the performance of	2869
its duties;	2870

(b) Any instrument by which real property is acquired	2871
pursuant to this section shall identify the state agency that has	2872
the use and benefit of the real property as specified in section	2873
5301.012 of the Revised Code.	2874

(9)(a) Borrow money, receive gifts, grants, loans, or other	2875
assistance from any federal, state, local, or other government	2876
source, including the housing development fund and the housing	2877
trust fund, and enter into contracts in connection with those	2878
sources of assistance;	2879

(b) Receive assistance or contributions from any	2880
nongovernment source to include money, property, labor, or things	2881
of value, to be held, used, and applied only for the purposes for	2882
which the grants and contributions are made and within the	2883
purposes of this chapter.	2884

(10) Sue and be sued in its own name with respect to its	2885
contracts, obligations, and covenants, or the enforcement of this	2886
chapter. Any actions against the agency shall be brought in a	2887
court of competent jurisdiction located in Franklin county, Ohio.	2888

(11) Enter into any contract, commitment, or agreement and	2889
execute any instrument necessary or incidental to the performance	2890
of duties and the execution of powers;	2891

(12) Adopt an official seal;

2892

(13)(a) Contract with any private or government entity to	2893
administer programs for which the agency receives sufficient	2894
revenues for its services or the agency supports with uncommitted	2895
agency resources that pay the agency's operating costs;	2896

(b) Administer state and federal programs for which the	2897
governor designates the agency to act as administrator. The agency	2898
may charge administrative fees to the state, the federal	2899
government, or a program recipient.	2900

(14) Notwithstanding any other provision of the Revised Code,	2901
establish, maintain, administer, and close funds and accounts as	2902
convenient or appropriate to the agency's operations;	2903

(15) Establish a policy to permit the investment of agency	2904
funds in securities and obligations;	2905

(16) Establish rules and procedures that the agency	2906
determines are appropriate to appeal the agency's actions and	2907
decisions;	2908

(17) Serve housing needs in instances that the agency	2909
determines necessary as a public purpose;	2910

(18) Provide coverage for its employees under Chapters 145.,	2911
4123., and 4141. of the Revised Code;	2912

(19) Adopt rules pursuant to Chapter 119. of the Revised	2913
Code;	2914

(20) Do anything necessary or appropriate to exercise the	2915
powers of this chapter and carry out the purposes of this chapter	2916
and Section 14, Article VIII and Section 16, Article VIII, Ohio	2917
Constitution.	2918

(C) The attorney general shall serve as the legal	2919
representative for the Ohio housing finance agency and may appoint	2920
special counsel for that purpose in accordance with section 109.07	2921
of the Revised Code.	2922

Sec. 175.053. The executive director employed by the agency	2923
pursuant to division (A)(2) of section 175.05 of the Revised Code	2924
shall do all of the following:	2925

(A) File financial disclosure statements as described in	2926
section 102.02 of the Revised Code;	2927

(B) Ensure policies and procedures are developed and	2928
maintained for the operation and administration of the agency's	2929
programs and activities that encourage competition and minimize	2930
concentration. Policies and procedures shall address all	2931
applicable requirements described in the Revised Code and federal	2932
regulations.	2933

(C) Provide an update, during the testimony described in	2934
division (H)(2) of section 175.04 of the Revised Code, on any	2935
audits performed during the fiscal year.	2936

Sec. 175.06. (A) The Ohio housing finance agency shall do all	2937
of the following related to carrying out its programs:	2938

(1) Upon the governor's designation, serve as the housing	2939
credit agency for the state and perform all responsibilities of a	2940
housing credit agency pursuant to Section 42 of the Internal	2941
Revenue Code and similar applicable laws;	2942

(2) Require that housing that benefits from the agency's	2943
assistance be available without discrimination in accordance with	2944
Chapter 4112. of the Revised Code and applicable provisions of	2945
federal law;	2946

(3) Demonstrate measurable and objective transparency;

2947

(4) Efficiently award funding to maximize affordable housing	2948
production using cost-effective strategies;	2949

(5) Encourage national equity investment in low-income	2950
housing tax credit projects;	2951

(6) Utilize resources to provide competitive homebuyer	2952
programs to serve low- and moderate-income persons.	2953

(B) The Ohio housing finance agency may do any of the	2954
following related to carrying out its programs:	2955

(1) Issue bonds, provide security for assets, make deposits,	2956
purchase or make loans, provide economic incentives for the	2957
development of housing, and provide financial assistance for	2958
emergency housing;	2959

(2) Serve as a public housing agency and contract with the	2960
United States department of housing and urban development to	2961
administer the department's rent subsidy program, housing subsidy	2962
program, and monitoring programs for low- and moderate-income	2963
persons. The agency shall ensure that any contract into which it	2964
enters provides for sufficient compensation to the agency for its	2965
services.	2966

(3) Develop and administer programs under which the agency	2967
uses moneys from the housing trust fund as allocated by the	2968
department of development to extend financial assistance pursuant	2969
to sections 174.01 to 174.07 of the Revised Code;	2970

(4) Make financial assistance available;

2971

(5) Guarantee and commit to guarantee the repayment of	2972
financing that a lending institution extends for housing,	2973
guaranteeing that debt with any of the agency's reserve funds not	2974
raised by taxation and not otherwise obligated for debt service,	2975
including the housing development fund established pursuant to	2976
section 175.11 of the Revised Code and any fund created under	2977
division (B)(14) of section 175.05 of the Revised Code;	2978

(6) Make, commit to make, and participate in making financial	2979
assistance, including federally insured mortgage loans, available	2980
to finance the construction and rehabilitation of housing or to	2981
refinance existing housing;	2982

(7) Invest in, purchase, and take from lenders the assignment	2983
of notes or other evidence of debt including federally insured	2984
mortgage loans, or participate with lenders in notes and loans for	2985
homeownership, development, or refinancing of housing;	2986

(8) Sell at public or private sale any mortgage or mortgage	2987
backed securities the agency holds;	2988

(9) Issue bonds to carry out the agency's purposes as set	2989
forth in this chapter;	2990

(10) Extend or otherwise make available housing assistance on	2991
terms the agency determines.	2992

(C) The Ohio housing finance agency may issue bonds and	2993
extend financial assistance from any fund the agency administers	2994
for the prompt replacement, repair, or refinancing of damaged	2995
housing if both of the following apply:	2996

(1) The governor declares that a state of emergency exists	2997
with respect to a county, region, or political subdivision of this	2998
state, or declares that a county, region, or political subdivision	2999
has experienced a disaster as defined in section 5502.21 of the	3000
Revised Code.	3001

(2) The agency determines that the emergency or disaster has	3002
substantially damaged or destroyed housing in the area of the	3003
emergency or disaster.	3004

(D) The agency shall establish guidelines for extending	3005
financial assistance for emergency housing. The guidelines shall	3006
include eligibility criteria for assistance and the terms and	3007
conditions under which the agency may extend financial assistance.	3008

Sec. 191.01. As used in this chapter:

3009

(A) "Administrative safeguards," "availability,"	3010
"confidentiality," "integrity," "physical safeguards," and	3011
"technical safeguards" have the same meanings as in 45 C.F.R.	3012
164.304.	3013

(B) "Business associate," "covered entity," "health plan,"	3014
"individually identifiable health information," and "protected	3015
health information" have the same meanings as in 45 C.F.R.	3016
160.103.	3017

(C) "Executive director of the office of health	3018
transformation" or "executive director" means the executive	3019
director of the office of health transformation or the chief	3020
administrative officer of a successor governmental entity	3021
responsible for health system oversight in this state.	3022

(D) "Government program providing public benefits" means any	3023
program administered by a state agency that has been identified,	3024
pursuant to section 191.02 of the Revised Code, by the executive	3025
director of the office of health transformation in consultation	3026
with the individuals specified in that section.	3027

(E) "Office of health transformation" means the office of	3028
health transformation created by executive order 2011-02K.	3029

(F) "Operating protocol" means a protocol adopted by the	3030
executive director of the office of health transformation or the	3031
executive director's designee under division (D) of section 191.06	3032
of the Revised Code.	3033

(G) "Participating agency" means a state agency that	3034
participates in a health transformation initiative as specified in	3035
the one or more operating protocols adopted for the initiative	3036
under division (D) of section 191.06 of the Revised Code.	3037

(H) "Personally identifiable information" means information	3038
that meets both of the following criteria:	3039

(1) It identifies an individual or there is a reasonable	3040
basis to believe that it may be used to identify an individual;	3041

(2) It relates to an individual's eligibility for,	3042
application for, or receipt of public benefits from a government	3043
program providing public benefits.	3044

(I) "State agency" means each of the following:

3045

(1) The department of administrative services;

3046

(2) The department of aging;

3047

(3) The development services agency;

3048

(4) The department of developmental disabilities;

3049

(5) The department of education;

3050

(6) The department of health;

3051

(7) The department of insurance;

3052

(8) The department of job and family services;

3053

(9) The department of medicaid;

3054

(10) The department of mental health and addiction services;

3055

(11) The department of rehabilitation and correction;

3056

(12) The department of taxation;

3057

(13) The department of veterans services;

3058

(14) The department of youth services;

3059

(15) The opportunities for Ohioans with disabilities agency.

3060

(J) "Unsecured" has the same meaning as in 16 C.F.R. 318.2.

3061

Sec. 193.01. As used in this chapter:

3062

(A) "Allowable costs" means all or part of the costs of the	3063
following:	3064

(1) Eligible federal-military projects and project	3065
facilities;	3066

(2) Site clearance and preparation;

3067

(3) Supplementing and relocating public capital improvements	3068
or utility facilities;	3069

(4) Estimates of costs and expenses necessary or incident to	3070
determining the feasibility or practicability of assisting an	3071
eligible federal-military project;	3072

(5) Reimbursement of moneys advanced or applied by any	3073
government agency or other person for another allowable cost;	3074

(6) Such other expenses as may be necessary or incidental to	3075
the establishment or development of an eligible federal-military	3076
project.	3077

(B) "Eligible federal-military project" means project	3078
facilities to be acquired, established, constructed, expanded,	3079
remodeled, rehabilitated, or modernized for the improvement,	3080
expansion, and development of federal-military installations and	3081
associated public and private sector investment, the operation of	3082
which, alone, or in conjunction with other investments, will	3083
create new jobs or preserve existing jobs and employment	3084
opportunities and improve the economic welfare of the people of	3085
the state.	3086

(C) "Financial assistance" means agreements, loan guarantees,	3087
and loans under section 193.05 of the Revised Code.	3088

(D) "Governmental action" means any action by a government	3089
agency relating to the establishment, development, or operation of	3090
an eligible federal-military project and project facilities that	3091
the government agency has authority to take or provide for the	3092
purpose under law.	3093

(E) "Government agency" means the following:

3094

(1) The state and any state department, division, commission,	3095
institution, or authority;	3096

(2) A state-wide elected official;

3097

(3) A municipal corporation, county, or township of the	3098
state, or any agency thereof;	3099

(4) Any other political subdivision or public corporation or	3100
the United States or any agency thereof;	3101

(5) Any agency, commission, or authority established pursuant	3102
to an interstate compact or agreement;	3103

(6) Any combination of divisions (E)(1) to (E)(5) of this	3104
section.	3105

(F) "Person" means any individual, firm, partnership,	3106
association, limited liability company, corporation, or government	3107
agency.	3108

(G) "Project facilities" means facilities and other	3109
improvements, and equipment and other property, excluding small	3110
tools, supplies, and inventory, and any one, part of, or	3111
combination of the above, comprising all or part of, or serving or	3112
being incidental to, an eligible federal-military project,	3113
including, but not limited to, public capital improvements.	3114

(H) "Property" means real and personal property and	3115
interests.	3116

(I) "Public capital improvements" means capital improvements	3117
or facilities that any government agency, or any entity that the	3118
agency hires, has authority to acquire, own, maintain, fund, or	3119
operate, including, but not limited to, highways, roads, streets,	3120
water and sewer facilities, railroad and other transportation	3121
facilities, and air and water pollution control and solid waste	3122
disposal facilities.	3123

(J) "Regional economic development entity" means an entity	3124
that is under contract with the federal-military jobs commission	3125
to administer financial assistance under this chapter in a	3126
particular area of this state, or the government agency designated	3127
by the federal-military jobs commission to administer financial	3128
assistance on its behalf under this chapter.	3129

Sec. 193.02. The general assembly finds that the presence	3130
and stability of federal-military installations within the state	3131
creates new jobs or preserves existing jobs and employment	3132
opportunities and improves the economic welfare of the people of	3133
the state and materially contributes to regional economic	3134
stability in the area of their locations. Therefore, it is	3135
declared to be the public policy of the state, through the	3136
operations of this chapter and other applicable laws adopted	3137
pursuant to Section 13 of Article VIII, Ohio Constitution, and	3138
other authority vested in the general assembly, to assist in and	3139
facilitate the establishment or development of eligible	3140
federal-military projects and assist and cooperate with any	3141
government agency in achieving such purpose.	3142

Sec. 193.03. There is hereby created the federal-military	3143
jobs program to be administered by the federal-military jobs	3144
commission established in section 193.04 of the Revised Code. The	3145
program shall enhance, foster, and aid job creation and job	3146
preservation in connection with eligible federal-military projects	3147
in accordance with this chapter. Such assistance would be	3148
available to any person.	3149

Sec. 193.04. (A) There is hereby created the	3150
federal-military jobs commission to develop and maintain an	3151
ongoing strategy for retention and growth of federal-military jobs	3152
and associated private sector jobs in the state. The commission	3153
shall establish criteria for and make available financial	3154
assistance for eligible federal-military projects and take such	3155
other actions as necessary to implement the federal-military jobs	3156
program established in section 193.03 of the Revised Code.	3157

(B) The commission shall consist of the following members:

3158

(1) Three members appointed by the president of the senate,	3159
one of which is recommended by the minority leader of the senate;	3160

(2) Three members appointed by the speaker of the house of	3161
representatives, one of which is recommended by the minority	3162
leader of the house of representatives;	3163

(3) Three members appointed by the governor.

3164

(C)(1) Initial appointments to the commission shall be made	3165
not later than December 31, 2014. Of the initial appointees made	3166
by the governor, one shall serve an initial term of one year, one	3167
shall serve an initial term of two years, and one shall serve an	3168
initial term of three years. Thereafter, each member appointed by	3169
the governor shall serve a three-year term. The members appointed	3170
by the speaker and president shall serve four-year terms or until	3171
they are no longer members of the general assembly.	3172

(2) Appointments made by the governor shall require	3173
confirmation of the senate. Members may be reappointed to the	3174
commission. Vacancies on the commission shall be filled in the	3175
same manner as the original appointments.	3176

(3) Members serve at the pleasure of, and may be removed for	3177
just cause by, the member's appointing authority.	3178

(D) The first person appointed by the president of the senate	3179
shall schedule the first meeting of the commission. At the first	3180
meeting, the commission shall select a chairperson from among its	3181
members. After the first meeting, the commission shall meet at	3182
least once during each quarter at the call of the chairperson or	3183
upon the request of a majority of the commission's members. A	3184
majority of the commission constitutes a quorum, and no action	3185
shall be taken without the concurrence of a majority of the	3186
members.	3187

(E) The treasurer of state shall provide administrative	3188
assistance to the commission, including office space and	3189
facilities for the commission.	3190

(F) The commission shall administer any money that may be	3191
appropriated to it by the general assembly, and the treasurer of	3192
state may pay expenses related to the commission, which shall be	3193
reimbursed from the federal-military jobs fund.	3194

(G) The treasurer of state may adopt rules under Chapter 119.	3195
of the Revised Code to implement this chapter.	3196

(H) Commission members shall serve without compensation, but	3197
shall be reimbursed for actual and necessary expenses incurred in	3198
the performance of commission duties.	3199

(I) Members of the commission shall file financial disclosure	3200
statements described in division (B) of section 102.02 of the	3201
Revised Code.	3202

(J) The attorney general shall serve as the legal	3203
representative for the commission and may appoint special counsel	3204
as necessary for that purpose in accordance with section 109.07 of	3205
the Revised Code.	3206

Sec. 193.05. (A) The federal-military jobs commission shall	3207
be responsible for the furtherance and implementation of	3208
federal-military installation jobs and investment programs under	3209
this chapter. The federal-military jobs commission may do any of	3210
the following:	3211

(1) After consultation with appropriate government agencies:

3212

(a) Enter into agreements with government agencies and	3213
persons engaged in industry, commerce, distribution, or research	3214
to induce such persons to acquire, construct, reconstruct,	3215
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	3216
otherwise develop, eligible federal-military projects; and	3217

(b) Make provisions in the agreements for project facilities	3218
and governmental actions, as authorized by this chapter and other	3219
applicable laws, which shall be subject to any required actions by	3220
the general assembly or the controlling board and subject to	3221
applicable local government ordinances, resolutions, and	3222
regulations.	3223

(2)(a) Make loans to persons or government agencies to pay	3224
the allowable costs of eligible federal-military projects, with	3225
such fees, charges, rates of interest, times of payment of	3226
interest and principal, and other terms, conditions, and	3227
provisions of, and security for, those loans as the commission	3228
determines to be appropriate and in furtherance of the purpose for	3229
which the loans are made;	3230

(b) In conjunction with regional economic development	3231
entities, take actions necessary or appropriate to collect or	3232
otherwise deal with any loan made under this section.	3233

(3) Provide for, in connection with the treasurer of state,	3234
guarantees of loans or enhancement of obligations made to persons	3235
for an eligible federal-military project, which such guarantees	3236
shall contain terms and conditions as specified by the commission	3237
for loans pursuant to division (A)(2) of this section;	3238

(4) Retain the services of, or employ, consultants, agents,	3239
and independent contractors as are necessary in the commission's	3240
judgment and fix the compensation for their services;	3241

(5) Receive and accept from any person grants, gifts, and	3242
contributions of money, property, labor, and other things of	3243
value, to be held, used, and applied only for the purpose for	3244
which such grants, gifts, and contributions are made, which, if	3245
applicable, shall be deposited into the federal-military jobs	3246
fund;	3247

(6) Enter into appropriate arrangements with any government	3248
agency, under which the government agency may take or provide for	3249
any governmental action;	3250

(7) Perform all other acts and enter into contracts and	3251
execute all instruments necessary or appropriate to carry out the	3252
provisions of this chapter;	3253

(8) Adopt internal rules and policies to implement any of the	3254
provisions of this chapter applicable to the commission.	3255

(B) The determinations by the commission that facilities	3256
constitute eligible federal-military projects, that facilities are	3257
project facilities, that costs of such facilities are allowable	3258
costs, and all other determinations that are made for or are	3259
relevant to an action taken or agreement entered into shall be	3260
conclusive for purposes of the validity and enforceability of	3261
rights of parties arising from actions taken and agreements	3262
entered into under this chapter.	3263

(C) Except as otherwise prescribed in this chapter, all	3264
expenses and obligations incurred by the commission in carrying	3265
out the commission's powers and in exercising the commission's	3266
duties under this chapter, shall be payable solely from, as	3267
appropriate, moneys in the federal-military jobs fund. This	3268
chapter does not authorize the commission to incur bonded	3269
indebtedness of the state or any political subdivision thereof, or	3270
to obligate or pledge moneys raised by taxation for the payment of	3271
any guarantees made pursuant to this chapter.	3272

(D) Any government agency may enter into an agreement with	3273
the commission, any other government agency, or a person to be	3274
assisted under this chapter, to take or provide for the purposes	3275
of this chapter any governmental action it is authorized to take	3276
or provide under this chapter. Any government agency may	3277
undertake, on behalf and at the request of the commission, any	3278
action which the commission is authorized to undertake pursuant to	3279
divisions (A)(1), (2), and (3) of this section. Government	3280
agencies of the state shall cooperate with and provide assistance	3281
to the commission and the controlling board in the exercise of	3282
their respective functions under this chapter.	3283

Sec. 193.07. (A)(1) There is hereby created in the state	3284
treasury the federal-military jobs fund. The fund shall consist of	3285
moneys appropriated to it by the general assembly, repayments of	3286
principal and interest on financial assistance made from the fund,	3287
and any grants or donations received from nonpublic entities.	3288

(2) Interest earned on the money in the federal-military jobs	3289
fund shall be credited to the fund.	3290

(B) Funds for financial assistance authorized by, or powers	3291
exercised by, the federal-military jobs commission, including	3292
incidental administrative costs and expenses, shall be made from	3293
the federal-military jobs fund.	3294

Sec. 193.09. (A) Applications describing proposals for	3295
financial assistance under the federal-military jobs program shall	3296
be submitted to the federal-military jobs commission. The	3297
commission may designate regional economic development entities	3298
for technical or administrative assistance with the application	3299
process. The commission shall award financial assistance under the	3300
program in accordance with criteria developed by the commission.	3301

(B) Not later than January 31, 2015, the commission shall	3302
establish criteria for evaluating proposals and awarding financial	3303
assistance for eligible federal-military projects. The criteria	3304
for evaluating proposals may include the following provisions:	3305

(1) The total number of jobs created or preserved;

3306

(2) The expected impact on employment in the surrounding	3307
region;	3308

(3) The expressed support from the applicable federal agency	3309
with respect to the eligible federal-military project;	3310

(4) The expected return on investment, based on the ratio of	3311
expected savings;	3312

(5) The number of participating entities in the proposal;

3313

(6) The probability of the proposal's success;

3314

(7) The percentage of local matching funds available;

3315

(8) The ability to replicate the proposal in other political	3316
subdivisions;	3317

(9) Whether the proposal is part of a larger consolidation	3318
effort by the applicant or applicants;	3319

(10) If applicable, the federal or military value of the	3320
proposal, which may provide in whole or in part, current and	3321
future mission capabilities and the impact on operational	3322
readiness;	3323

(11) If applicable, whether the proposal provides the ability	3324
to accommodate contingency, mobilization, surge, and future total	3325
force increases;	3326

(12) If applicable, the operational value of the project for	3327
military purposes;	3328

(13) A recommendation from JobsOhio on return on investment	3329
for the state.	3330

Sec. 193.11. The federal-military jobs commission shall, in	3331
exercising its powers and duties, develop and implement plans for	3332
encouraging local support for the purposes of the federal-military	3333
jobs program under this chapter and for each eligible	3334
federal-military project for which it provides financial	3335
assistance.	3336

Sec. 193.13. Not later than the thirty-first day of January	3337
of each year, the federal-military jobs commission shall submit a	3338
report to the governor, the president and minority leader of the	3339
senate, and the speaker and minority leader of the house of	3340
representatives that outlines the commission's activities for the	3341
preceding year. The report shall include a listing of recipients	3342
of financial assistance, if any, the amount of such financial	3343
assistance, and any other information about the federal-military	3344
jobs program that the commission determines necessary to include	3345
in the report.	3346

Sec. 306.04. (A) Except as otherwise provided in division	3347
(B) of this section, employees of a county transit board or a	3348
board of county commissioners operating a transit system are	3349
employees of the county. If the system is operated by the board of	3350
county commissioners, the board shall appoint an executive	3351
director, who shall be in the unclassified service.	3352

(B) Any county transit board that established its own civil	3353
service organization and procedure prior to October 25, 1995,	3354
shall continue to operate under that organization. Appointments	3355
and promotions in that system shall be made, as far as	3356
practicable, by competitive examination.	3357

A board that established its own civil service organization	3358
prior to October 25, 1995, shall establish by rule the seniority	3359
provisions relating to street railway and motor bus employees in	3360
effect at the time of the acquisition of the transit system by the	3361
county. The vacation, holiday, and sick leave privileges shall not	3362
be regulated by other provisions of law relating to public	3363
employees of the state or county, except that the transit board,	3364
its officers and employees, shall be subject to the public	3365
employees retirement system of the state and the transit board	3366
shall assume any pension obligations which have been assumed by	3367
any publicly owned transit system which the county may acquire.	3368

(C) A county transit board or board of county commissioners	3369
operating a transit system may:	3370

(1) Acquire in its name by gift, grant, purchase, or	3371
condemnation and hold and operate real estate and interests	3372
therein and personal property suitable for its purposes;	3373

(2) In its name purchase, acquire, construct, enlarge,	3374
improve, equip, repair, maintain, sell, exchange, lease as lessee	3375
or lessor, receive a right of use of, and manage, control, and	3376
operate, in or out of the county, a county transit system	3377
consisting of all real estate and interests therein, personal	3378
property, and a combination thereof, for or related to the	3379
movement of persons including but not limited to street railway,	3380
tramline, subways, rapid transits, monorails, and passenger bus	3381
systems but excluding therefrom trucks, the movement of property	3382
by truck, and facilities designed for use in the movement of	3383
property by truck for hire;	3384

(3) Issue, with the approval of the county commissioners when	3385
the issuance is made by the transit board, revenue bonds of the	3386
county as provided in division (B) of section 306.09 of the	3387
Revised Code, to secure funds to accomplish its purposes. The	3388
principal of and interest on such bonds, together with all other	3389
payments required to be made by the trust agreement or indenture	3390
securing such bonds, shall be paid solely from revenues or other	3391
income accruing to the board from facilities of the county transit	3392
system designated in said agreement or indenture.	3393

(4) Enter into contracts in the exercise of the rights,	3394
powers, and duties conferred upon it, and execute all instruments	3395
necessary in the conduct of its business;	3396

(5) Fix, alter, and charge rates and other charges for the	3397
use of its real estate and interests therein, personal property,	3398
and combinations thereof;	3399

(6) Employ such financial consultants, accountants,	3400
appraisers, consulting engineers, architects, construction	3401
experts, attorneys-at-law, managers and other supervisory	3402
personnel, and other officers, employees, and agents as it	3403
determines necessary to conduct its business, and fix their	3404
compensation and duties;	3405

(7) Pledge, hypothecate, or otherwise encumber its revenues	3406
and other income as security for its obligations and enter into	3407
trust agreements or indentures for the benefit of revenue	3408
bondholders;	3409

(8) Borrow money or accept or contract to accept advances,	3410
loans, gifts, grants, devises, or bequests from and enter into	3411
contracts or agreements with any federal, state, or other	3412
governmental or private source and hold and apply advances, loans,	3413
gifts, grants, devises, or bequests according to the terms thereof	3414
including provisions which are required by such federal, state, or	3415
other governmental or private source to protect the interest of	3416
employees affected by such advances, loans, gifts, grants,	3417
devises, or bequests. Such advances, loans, gifts, grants, or	3418
devises may be subject to any reasonable reservation and any gift,	3419
grant, or devise or real estate may be in fee simple or any lesser	3420
estate. Any advances or loans received from any federal, state, or	3421
other governmental or private source may be repaid in accordance	3422
with the terms of such advance or loan. A loan accepted by a	3423
county transit board shall not, in any way, obligate the general	3424
fund of a county or a board of county commissioners.	3425

(9) Conduct investigations and surveys into the needs of the	3426
public within or without the county for transportation services to	3427
provide for the movement of persons within, into, or from the area	3428
serviced or to be serviced by the county transit system;	3429

(10) Enter into lawful arrangements with the appropriate	3430
federal or state department or agency, county, township, municipal	3431
corporation, or other political subdivision or public agency for	3432
the planning and installation of any public facilities which are	3433
determined necessary in the conduct of its business;	3434

(11) Purchase fire, extended coverage, and liability	3435
insurance for the real estate and interests therein, personal	3436
property and any combination thereof, used by or in connection	3437
with the county transit system and insurance covering the board	3438
and the county transit system and its officers and employees for	3439
liability for damage or injury to persons or property;	3440

(12) Procure and pay all or any part of the cost of group	3441
hospitalization, surgical, major medical, or sickness and accident	3442
insurance, or a combination thereof, for the officers and	3443
employees of the county transit system and their immediate	3444
dependents, issued by an insurance company, duly authorized to do	3445
business in this state;	3446

(13) Sell, lease, release, or otherwise dispose of real	3447
estate or interests therein or personal property owned by it and	3448
grant such easements across its real estate and interests therein	3449
as will not interfere with its use by the county transit system;	3450

(14) Establish rules for the use and operation of the county	3451
transit system including the real estate or interests therein,	3452
personal property or a combination of the foregoing used by or in	3453
connection with such system;	3454

(15) Exercise the power of eminent domain to appropriate any	3455
real estate or interests therein, personal property, franchises,	3456
or any combination thereof, within or without the county,	3457
necessary or proper in the exercise of its powers provided in	3458
sections 306.01 to 306.13 of the Revised Code, as provided in	3459
sections 163.01 to 163.22 of the Revised Code, and subject to	3460
divisions (15)(a), (b), and (c) of this section, provided that a	3461
county transit board or a board of county commissioners operating	3462
a transit system shall not proceed to so appropriate real property	3463
outside its territorial boundaries, until it has served at the	3464
office of the county commissioners of the county in which it is	3465
proposed to appropriate real property, a notice describing the	3466
real property to be taken and the purpose for which it is proposed	3467
to be taken, and such county commissioners have entered on their	3468
journal within thirty days after such service a resolution	3469
approving such appropriation;.	3470

(a) Nothing contained in this division authorizes a county	3471
transit board or a board of county commissioners to appropriate	3472
any land, rights, rights-of-way, franchises, or easements	3473
belonging to the state or to a municipal corporation without the	3474
consent of the state or of the municipal corporation, and no	3475
county transit board or board of county commissioners shall	3476
exercise the right of eminent domain to acquire any certificate of	3477
public convenience and necessity, or any part thereof, issued to a	3478
for-hire motor carrier by the public utilities commission of Ohio	3479
or by the federal motor carrier safety administration of the	3480
United States, or to take or disturb other real estate or	3481
interests therein, personal property, or any combination thereof	3482
belonging to any municipal corporation without the consent of the	3483
legislative authority of such municipal corporation, or take or	3484
disturb real estate or interests therein, personal property, or	3485
any combination thereof belonging to any other political	3486
subdivision, public corporation, public utility, or common	3487
carrier, which is necessary and convenient in the operation of	3488
such political subdivision, public corporation, public utility, or	3489
common carrier unless provision is made for the restoration,	3490
relocation, or duplication of that taken or upon the election of	3491
such political subdivision, public corporation, public utility, or	3492
common carrier for the payment of compensation, if any, at the	3493
sole cost of the county transit system.	3494

(b) If any restoration or duplication proposed to be made	3495
under this division involves a relocation, the new location shall	3496
have at least comparable utilitarian value and effectiveness, and	3497
such relocation shall not impair the ability of the public utility	3498
or common carrier to compete in its original area of operation.	3499

(c) If such restoration or duplication proposed to be made	3500
under this division involves a relocation, the county transit	3501
board or board of county commissioners shall acquire no interest	3502
or right in or to the appropriated property or facility until the	3503
relocated property or facility is available for use and until	3504
marketable title thereto has been transferred to the political	3505
subdivision, public corporation, public utility, or common	3506
carrier. Nothing in this division shall require any board of	3507
county commissioners or county transit board operating a county	3508
transit system to so restore, relocate, or duplicate, if all of	3509
the real estate and interests therein, personal property, and any	3510
combination of the foregoing which is owned by a public utility or	3511
common carrier and used by it or in connection with the movement	3512
of persons, is acquired by exercise of the power of eminent	3513
domain.	3514

(16) When real property is acquired that is located outside	3515
the county and is removed from the tax duplicate, the county	3516
transit board or board of county commissioners operating a transit	3517
system shall pay annually to the county treasurer of the county in	3518
which that property is located, commencing with the first tax year	3519
in which that property is removed from the tax duplicate, an	3520
amount of money in lieu of taxes equal to the smaller of the	3521
following:	3522

(a) The last annual installment of taxes due from the	3523
acquired property before removal from the tax duplicate;	3524

(b) An amount equal to the difference between the combined	3525
revenue from real estate taxes of all the taxing districts in	3526
which the property is located in the tax year immediately prior to	3527
the removal of the acquired property from the tax duplicate, and	3528
either:	3529

(i) The total revenue which would be produced by the tax rate	3530
of each such taxing district in the tax year immediately prior to	3531
the removal of the acquired property from the tax duplicate,	3532
applied to the real estate tax duplicate of each of such taxing	3533
districts in each tax year subsequent to the year of removal; or	3534

(ii) The combined revenue from real estate taxes of all such	3535
taxing districts in each tax year subsequent to the year of	3536
removal, whichever is the greater.	3537

The county transit board or board of county commissioners may	3538
be exempted from such payment by agreement of the affected taxing	3539
district or districts in the county in which the property is	3540
located.	3541

The county auditor of the county in which that property is	3542
located shall apportion each such annual payment to each taxing	3543
district as if the annual payment had been levied and collected as	3544
a tax.	3545

Those annual payments shall never again be made after they	3546
have ceased.	3547

(17) Sue or be sued, plead or be impleaded, and be held	3548
liable in any court of proper jurisdiction for damages received by	3549
reason of negligence, in the same manner and to the same extent as	3550
if the county transit system were privately operated, provided,	3551
that no funds of a county other than those of the county transit	3552
board or, if the transit system is operated by the board of county	3553
commissioners, other than those in the account for the county	3554
transit system created under division (C) of section 306.01 of the	3555
Revised Code, shall be available for the satisfaction of judgments	3556
rendered against that system;	3557

(18) Annually prepare and make available for public	3558
inspection a report in condensed form showing the financial	3559
results of the operation of the county transit system. For systems	3560
operated by a county transit board, copies of this report shall be	3561
furnished to the county commissioners as well as a monthly summary	3562
statement of revenues and expenses for the preceding month	3563
sufficient to show the exact financial condition of the county	3564
transit system as of the last day of the preceding month.	3565

(19) With the approval of the county commissioners when the	3566
action is taken by the transit board, and without competitive	3567
bidding, sell, lease, or grant the right of use of all or a	3568
portion of the county transit system to any other political	3569
subdivision, taxing district, or other public body or agency	3570
having the power to operate a transit system;	3571

~~(20) Enter into and supervise franchise agreements for the~~	3572
~~operation of a county transit system;~~	3573

~~(21) Accept the assignment of and then supervise an existing~~	3574
~~franchise agreement for the operation of a county transit system~~.	3575

(D)(1) As used in this division:

3576

(a) "Applicant" means any person who responds to a request	3577
for proposals and submits an application for a franchise to	3578
operate a public transit system or portion of a public transit	3579
system;	3580

(b) "Application for certification" means the documents that	3581
are required to be filed by a franchisee to initiate the	3582
proceedings required for certification;	3583

(c) "Application for a franchise" means the documents that	3584
are required to be filed in response to a request for proposals	3585
and that initiate the proceedings required for the award of a	3586
franchise;	3587

(d) "Certification" means the order issued by a board of	3588
county commissioners, after submission of an application for	3589
certification, that approves the operation of a public transit	3590
system, or a portion of a public transit system, by a franchisee,	3591
subject to terms and conditions imposed by the board.	3592

(e) "Franchise" means the document and all accompanying	3593
rights approved by the board of county commissioners that provides	3594
the franchisee with the exclusive right to establish a public	3595
transit system and, subject to certification, the right to operate	3596
a public transit system. A franchise may include the right of a	3597
franchisee to provide transportation services for a county	3598
department of job and family services.	3599

(f) "Franchisee" means the individual, corporation, or other	3600
entity awarded a franchise.	3601

(2) A board of county commissioners, on behalf of a county	3602
transit board, may award a franchise to an applicant subject to	3603
such terms and conditions as the board of county commissioners	3604
considers appropriate and consistent with applicable laws.	3605
Subsequent to awarding the franchise, the board of county	3606
commissioners may issue a certification and, until such issuance,	3607
the franchisee has no right to operate a public transit system or	3608
part of such a system. The board of county commissioners shall not	3609
delete, alter, or amend the terms and conditions of the	3610
certification after its issuance. The board shall include in the	3611
certification performance targets related to the operation of a	3612
public transit system by the franchisee, including cost savings to	3613
the county, gains in efficiency, the safety and security of the	3614
traveling public and franchise employees, service to the traveling	3615
public, return on any investments made by the county, and any	3616
other performance targets as determined by the board. All terms	3617
and conditions of the order of certification are terms and	3618
conditions of the franchise. Unless expressly exempted or granted	3619
a waiver in the certification, the franchisee shall comply with	3620
all applicable rules, regulations, orders, and ordinances.	3621

(3) The award of a franchise by a board of county	3622
commissioners to an applicant is the sole license and authority	3623
for the franchisee to establish a public transit system and,	3624
subject to certification, operate a public transit system.	3625

(4) A board of county commissioners shall award a franchise	3626
for a period of not less than ten years, as provided in the	3627
franchise.	3628

(5) A franchise shall not prohibit the franchisee from	3629
implementing new or improved services during the term of the	3630
franchise.	3631

(6) A franchisee shall coordinate its services, as specified	3632
in the franchise, with public transit providers to make effective	3633
transportation services available to the public and provide access	3634
to and from the public transit system.	3635

(7) A board of county commissioners shall provide terms and	3636
conditions in a franchise to ensure that the franchisee will	3637
continue operation of the public transit system for the duration	3638
of the term of the franchise or, if the franchise is revoked,	3639
suspended, or abandoned, that financial and other necessary	3640
resources are available to continue the operation of the system	3641
until another franchisee is selected or until the board of county	3642
commissioners determines to cease the transit operations governed	3643
by the franchise. The franchise shall specifically provide that	3644
the board shall have the right to terminate the franchise if the	3645
board determines that the franchisee has materially breached the	3646
franchise in any manner. The franchisee may appeal such a	3647
termination to the board, and, if the board upholds the	3648
termination, to the proper court of common pleas.	3649

Sec. 306.14. (A) If a board of county commissioners awards a	3650
franchise to a franchisee on behalf of a county transit board, the	3651
county transit board shall submit an annual written report to the	3652
board of county commissioners not later than a date designated by	3653
the board of county commissioners and in a form prescribed by that	3654
board. The board of county commissioners shall make the report	3655
available on the general web site of the county. The county	3656
transit board shall include in the report a description in detail	3657
of the effects the franchise agreement had during the prior year	3658
on all of the following as they relate to the operation of a	3659
public transit system by the franchisee in that county:	3660

(1) Cost savings to the county;

3661

(2) Efficiency;

3662

(3) Safety and security of the traveling public and franchise	3663
employees;	3664

(4) Service to the traveling public;

3665

(5) Return on investment by the county;

3666

(6) Any other aspects the board of county commissioners	3667
determines should be included in the report.	3668

(B) A franchisee that is awarded a franchise by a board of	3669
county commissioners on behalf of a county transit board shall	3670
submit an annual written report to the board of county	3671
commissioners or county transit board not later than a date	3672
designated by the board of county commissioners and in a form	3673
prescribed by that board. The board of county commissioners also	3674
shall direct the franchisee to submit the report to the board of	3675
county commissioners, the county transit board, or both. The board	3676
of county commissioners shall establish the issues to be addressed	3677
in the report with respect to the public transit system that the	3678
franchisee operated during the prior year. The board of county	3679
commissioners shall make the report available on the general web	3680
site of the county.	3681

(C) A board of county commissioners that awards a franchise	3682
to a franchisee on behalf of a county transit board shall conduct	3683
an annual review of the performance of the franchisee. The board	3684
of county commissioners shall include in the review a	3685
determination of the number of performance targets the franchisee	3686
met during the prior year and an evaluation of the franchisee's	3687
compliance with the other terms and conditions of the franchise,	3688
including any breaches of the franchise by the franchisee. The	3689
board shall issue a written report, and shall make the report	3690
available on the general web site of the county.	3691

Sec. 307.678. (A) As used in this section:

3692

(1) "Stadium" means an open-air structure designed and	3693
developed to provide a venue for public entertainment, cultural	3694
activities and recreation, or any combination thereof, including	3695
concerts, athletic and sporting events, and other events and	3696
exhibitions, together with concession, locker room, parking,	3697
restroom, and storage facilities, walkways, and other auxiliary	3698
facilities, whether included within or separate from the	3699
structure, and all real and personal property and interests	3700
therein related to the use of the structure for those purposes.	3701

(2) "Bureau" means a nonprofit corporation that is organized	3702
under the laws of this state that is, or has among its functions	3703
acting as, a convention and visitors' bureau, and that currently	3704
receives revenue from existing lodging taxes.	3705

(3) "Cooperating parties" means the parties to a cooperative	3706
agreement.	3707

(4) "Cooperative agreement" means an agreement entered into	3708
pursuant to division (B) of this section.	3709

(5) "Corporation" means a nonprofit corporation that is	3710
organized under the laws of this state and has corporate authority	3711
under its organizational instruments to acquire, construct,	3712
reconstruct, equip, finance, furnish, otherwise improve, own,	3713
lease, or operate a stadium.	3714

(6) "Debt charges" has the same meaning as in section 133.01	3715
of the Revised Code, except that "obligations" shall be	3716
substituted for "securities" wherever "securities" appears in that	3717
section.	3718

(7) "Eligible county" means a county having a population of	3719
at least three hundred seventy-five thousand, but not more than	3720
four hundred thousand, according to the most recent federal	3721
decennial census.	3722

(8) "Existing lodging taxes" means taxes levied by a board of	3723
county commissioners of an eligible county under division (A) of	3724
section 5739.09 of the Revised Code.	3725

(9) "Financing costs" means all costs and expenses relating	3726
to the authorization, including any required election, issuance,	3727
sale, delivery, authentication, deposit, custody, clearing,	3728
registration, transfer, exchange, fractionalization, replacement,	3729
payment, and servicing, of obligations, including, without	3730
limitation, costs and expenses for or relating to publication and	3731
printing, postage, delivery, preliminary and final official	3732
statements, offering circulars, and informational statements,	3733
travel and transportation, underwriters, placement agents,	3734
investment bankers, paying agents, registrars, authenticating	3735
agents, remarketing agents, custodians, clearing agencies or	3736
corporations, securities depositories, financial advisory	3737
services, certifications, audits, federal or state regulatory	3738
agencies, accounting and computation services, legal services and	3739
obtaining approving legal opinions and other legal opinions,	3740
credit ratings, redemption premiums, and credit enhancement	3741
facilities. Financing costs may be paid from any money available	3742
for the purpose, including, unless otherwise provided in the	3743
proceedings, from the proceeds of the obligations to which they	3744
relate and, as to future financing costs, from the same sources	3745
from which debt charges on the obligations are paid and as though	3746
debt charges.	3747

(10) "Host municipal corporation" means a municipal	3748
corporation, having a population of at least seventy thousand but	3749
not more than eighty thousand according to the most recent federal	3750
decennial census, within the boundaries of which a stadium is	3751
located.	3752

(11) "Host school district" means the school district within	3753
the boundaries of which a stadium is located.	3754

(12) "Issuer" means any issuer, as defined in section 133.01	3755
of the Revised Code, and any corporation.	3756

(13) "Obligations" means obligations that are issued or	3757
incurred by an issuer pursuant to Chapter 133. or 4582. of the	3758
Revised Code, or otherwise, for the purpose of funding or paying,	3759
or reimbursing persons for the funding or payment of, project	3760
costs, and that evidence the issuer's obligation to repay borrowed	3761
money, including interest thereon, or to pay other money	3762
obligations of the issuer at any future time, including, without	3763
limitation, bonds, notes, anticipatory securities as defined in	3764
section 133.01 of the Revised Code, certificates of indebtedness,	3765
commercial paper, or installment sale, lease, lease-purchase, or	3766
similar agreements.	3767

(14) "Port authority" means a port authority created under	3768
Chapter 4582. of the Revised Code.	3769

(15) "Project" means acquiring, constructing, reconstructing,	3770
rehabilitating, remodeling, renovating, enlarging, equipping,	3771
furnishing, or otherwise improving a stadium or any component or	3772
element thereof.	3773

(16) "Project cost" means the cost of acquiring,	3774
constructing, reconstructing, rehabilitating, remodeling,	3775
renovating, enlarging, equipping, financing, refinancing,	3776
furnishing, or otherwise improving a project, including, without	3777
limitation, financing costs; the cost of architectural,	3778
engineering, and other professional services, designs, plans,	3779
specifications, surveys, and estimates of costs; financing or	3780
refinancing obligations issued by, or reimbursing money advanced	3781
by, any cooperating party or any other person, where the proceeds	3782
of the obligations or money advanced was used to pay any other	3783
cost described in this division; inspections and testing; any	3784
indemnity or surety bond or premium related to insurance	3785
pertaining to development of the project; all related direct and	3786
indirect administrative costs; fees and expenses of trustees,	3787
escrow agents, depositories, and paying agents for any	3788
obligations; interest on obligations during the planning, design,	3789
and development of a project and for up to eighteen months	3790
thereafter; funding of reserves for the payment of debt charges on	3791
any obligations; and all other expenses necessary or incident to	3792
planning, or determining the feasibility or practicability of, a	3793
project, including, without limitation, advocating the enactment	3794
of legislation to facilitate the development and financing of a	3795
project.	3796

(B) On or before December 31, 2015, the board of county	3797
commissioners of an eligible county, a host municipal corporation,	3798
the board of education of a host school district, a port	3799
authority, a bureau, and a corporation, or any combination	3800
thereof, may enter into a cooperative agreement under which:	3801

(1) The board of county commissioners and the bureau agree to	3802
make available to a cooperating party or any other person proceeds	3803
of an existing lodging tax, not to exceed five hundred thousand	3804
dollars each year, to pay project costs or debt charges on	3805
obligations issued by a cooperating party to fund, finance, or	3806
refinance the payment of project costs;	3807

(2) The cooperating parties agree, subject to any conditions	3808
or limitations provided in the cooperative agreement, to each of	3809
the following:	3810

(a) The conveyance, grant, or transfer to a cooperating party	3811
or any other person of ownership of, property interests in, and	3812
rights to use a stadium, either as the stadium exists at the time	3813
of the agreement or as it may be improved by a project;	3814

(b) The respective responsibilities of each cooperating party	3815
for the management, operation, maintenance, repair, and	3816
replacement of a stadium, including any project undertaken with	3817
respect to the stadium, which may include authorization for a	3818
cooperating party to contract with any other person for any such	3819
purpose;	3820

(c) The respective responsibilities of each cooperating party	3821
for the development and financing of a project, including, without	3822
limitation, the cooperating party or parties that shall be	3823
responsible for contracting for the development of a project and	3824
administering contracts into which the party or parties enter into	3825
for that purpose;	3826

(d) The respective responsibilities of each cooperating party	3827
to provide money, whether by issuing obligations or otherwise, for	3828
the funding, payment, financing, or refinancing, or reimbursement	3829
to a cooperating party or other person for the funding, payment,	3830
financing, or refinancing, of project costs;	3831

(e) The respective responsibilities of each cooperating	3832
party, or any other person, to provide money or other security for	3833
the payment of debt charges on obligations.	3834

(C) Any conveyance, grant, or transfer of ownership of,	3835
property interests in, or rights to use a stadium, and any	3836
contract for the development, management, operation, maintenance,	3837
repair, or replacement of a stadium, including any project	3838
undertaken with respect to an existing stadium, that is	3839
contemplated by a cooperative agreement may be made or entered	3840
into by a cooperating party, in such manner and upon such terms as	3841
the cooperating parties may agree, without any requirement of	3842
bidding and without regard to ownership of the stadium,	3843
notwithstanding any other provision of law that may otherwise	3844
apply. A project constitutes a "port authority facility" within	3845
the meaning of division (D) of section 4582.01 and division (E) of	3846
section 4582.21 of the Revised Code and shall be considered a	3847
permanent improvement for one purpose under Chapter 133. of the	3848
Revised Code.	3849

(D) Notwithstanding any other provision of law, and after	3850
deducting the real and actual costs of administering an existing	3851
lodging tax and any portion of such tax required to be returned to	3852
any municipal corporation or township as provided in division	3853
(A)(1) of section 5739.09 of the Revised Code, the board of county	3854
commissioners of an eligible county and a bureau may agree to make	3855
available, and a cooperating party or other person may use,	3856
proceeds of an existing lodging tax for the funding or payment of	3857
project costs, including, without limitation, the payment of debt	3858
charges on obligations. Either the board or the bureau, or both,	3859
may pledge proceeds of an existing lodging tax to the payment of	3860
debt charges on obligations. The total amount of existing lodging	3861
tax proceeds made available for such use or so pledged each year	3862
shall not exceed five hundred thousand dollars. The lien of any	3863
such pledge shall be effective against all persons when it is	3864
made, without the requirement for the filing of any notice, and	3865
any proceeds of an existing lodging tax so pledged and required to	3866
be used to pay debt charges on obligations shall be paid by the	3867
county or bureau at the times, in the amounts, and to such payee,	3868
including, without limitation, a corporate trustee or paying	3869
agent, required for such obligations. The board of county	3870
commissioners may amend any previously adopted resolution	3871
providing for the levy of an existing lodging tax to permit the	3872
use of the proceeds of the existing lodging tax as provided in	3873
this division.	3874

(E) A board of county commissioners shall not repeal,	3875
rescind, or reduce the levy of an existing lodging tax to the	3876
extent its proceeds are pledged to the payment of debt charges on	3877
obligations, and any such lodging tax shall not be subject to	3878
repeal, rescission, or reduction by initiative, referendum, or	3879
subsequent enactment of legislation by the general assembly, so	3880
long as there remain outstanding any obligations as to which the	3881
payment of debt charges is secured by a pledge of the existing	3882
lodging tax.	3883

(F) A pledge of the proceeds of an existing lodging tax under	3884
division (D) of this section shall not constitute indebtedness of	3885
the eligible county for the purposes of Chapter 133. of the	3886
Revised Code.	3887

(G) The authority provided by this section is supplemental	3888
to, and is not intended to limit in any way, any legal authority	3889
that a cooperating party may have under any other provision of	3890
law.	3891

Sec. 307.699. (A) As used in this section:

3892

(1) "Sports facility" has the same meaning as in section	3893
307.696 of the Revised Code.	3894

(2) "Residual cash" has the same meaning as in division	3895
(B)(5) of section 5709.081 of the Revised Code.	3896

(B) Any political subdivision or subdivisions or any	3897
corporation that owns a sports facility that is both constructed	3898
under section 307.696 of the Revised Code and includes property	3899
exempt from taxation under division (B) of section 5709.081 of the	3900
Revised Code, shall make an annual service payment in lieu of	3901
taxes on the exempt property for each tax year beginning with the	3902
first tax year in which the facility or part thereof is used by a	3903
major league professional athletic team for its home schedule. The	3904
amount of the service payment for a tax year shall be determined	3905
by the county auditor under division (D) of this section.	3906

(C) On or before the first day of September each year, the	3907
owner of property to which this section applies shall file both of	3908
the following with the county auditor:	3909

(1) A return in the same form as under section 5711.02 of the	3910
Revised Code listing all its exempt tangible personal property as	3911
of the first day of August of that year;	3912

(2) An audited financial statement certified by the owner and	3913
reflecting the actual receipts, revenue, expenses, expenditures,	3914
net income, and residual cash derived from the property during the	3915
most recently ended calendar year.	3916

For the purposes of this section, the county auditor shall	3917
determine the true value of the real and tangible personal	3918
property owned by the political subdivision or subdivisions or the	3919
corporation and included in the sports facility, including the	3920
taxable portion thereof, by capitalizing at an appropriate rate	3921
the net income of the owner derived from that property. The	3922
auditor shall use the net income as certified in the owner's	3923
financial statement, unless hethe auditor determines that the	3924
amount so certified is inaccurate, in which event hethe auditor	3925
shall determine the accurate amount of net income to be	3926
capitalized. The county auditor shall compute net income before	3927
debt service, and shall not include any revenue from county taxes	3928
as defined in division (A)(1) of section 307.696 of the Revised	3929
Code. The true value so determined shall be allocated between real	3930
and tangible personal property and assessed for the purposes of	3931
this section at the appropriate percentages provided by law for	3932
determining taxable values.	3933

Using information reported or determined under this division,	3934
the county auditor shall determine the amount of putative taxes	3935
for the property for that tax year. As used in this section,	3936
"putative taxes" means the greater of one million dollars or the	3937
amount of property taxes that would have been charged and payable	3938
if all the real and tangible personal property owned by the	3939
political subdivision or subdivisions or the corporation and	3940
included in the sports facility was subject to taxation.	3941

(D) On or before the date that is sixty days before the date	3942
that the first payment of real property taxes are due without	3943
penalty under Chapter 323. of the Revised Code each tax year, the	3944
county auditor shall determine the amount of service payments for	3945
that tax year for property to which this section applies in the	3946
following manner:	3947

(1) The county auditor shall deduct from the amount of	3948
putative taxes under division (C) of this section any taxes	3949
assessed against the taxable portion of the sports facility owned	3950
by any of the entities in division (B)(1) of section 5709.081 of	3951
the Revised Code, any amounts paid by a municipal corporation	3952
under section 5709.082 of the Revised Code as a result of the	3953
exempt property, and any amounts available in the construction	3954
payments account established under division (G)(1) of this section	3955
as are required to make the total deductions under this division	3956
equal to one million dollars.	3957

(2) The county auditor shall fix the amount of the service	3958
payments for a tax year at the amount of the putative taxes minus	3959
deductions under division (D)(1) of this section. However, any	3960
amount of service payments required because the putative taxes	3961
exceed one million dollars shall not exceed the amount of residual	3962
cash of the owner of the exempt property as reported in division	3963
(C) of this section that would otherwise accrue to the political	3964
subdivision or subdivisions pursuant to division (B)(5) of section	3965
5709.081 of the Revised Code if no service payments were imposed	3966
under this section.	3967

(3) If the exempt property is an improvement under division	3968
(C)(2) of section 5709.081 of the Revised Code, the county auditor	3969
shall determine the percentage which such improvement constitutes	3970
of the total sports facility and shall substitute for the	3971
one-million-dollar amount, wherever it appears in this section, an	3972
amount equal to such percentage multiplied by one million dollars.	3973
The percentage shall be determined by dividing the reproduction	3974
cost new of the improvement by the reproduction cost new of the	3975
total sports facility including the improvement, owned by any of	3976
the entities under division (B)(1) of section 5709.081 of the	3977
Revised Code.	3978

(E) On or before the date that is sixty days before the date	3979
that the first payment of real property taxes are due without	3980
penalty under Chapter 323. of the Revised Code each tax year, the	3981
county auditor shall certify and send notice by certified mail to	3982
the owner of the property of the amount and the calculation of the	3983
service payments charged that tax year, including the separate	3984
valuations determined for the real and tangible personal property,	3985
the capitalization rate used, the separate deductions allowed	3986
under division (D) of this section, and any claimed inaccuracies	3987
in net income determined under division (C) of this section.	3988

The service payments for a tax year shall be charged and	3989
collected in the same manner as real property taxes for that tax	3990
year. Revenue collected as service payments shall be distributed	3991
to the taxing districts that would have received property tax	3992
revenue from the exempt property if it was not exempt, for the tax	3993
year for which the payments are made, in the same proportions as	3994
property taxes are distributed. However, if the sum of the	3995
deductions allowed under division (D) of this section and the	3996
service payments exceeds one million dollars, any service payments	3997
in excess of one million dollars shall first be paid to the	3998
municipal corporation to reimburse it for the payments made under	3999
section 5709.082 of the Revised Code from the inception of such	4000
payments. Any such payments to the municipal corporation shall be	4001
deducted from the municipal payments account established under	4002
division (G)(2) of this section.	4003

(F) The owner of property exempt from taxation under section	4004
5709.081 of the Revised Code or persons and political subdivisions	4005
entitled to file complaints or counterclaims to complaints under	4006
section 5715.19 of the Revised Code may appeal the determination	4007
of the annual service payments required by this section to the	4008
board of revision in the county in which the exempt property is	4009
located within the time period for filing complaints under section	4010
5715.19 of the Revised Code. The appeal shall be taken by filing a	4011
complaint with that board which need not be on the form prescribed	4012
for other complaints filed under section 5715.19 of the Revised	4013
Code but which shall include an identification of the exempt	4014
property, a copy of the auditor's certification to the owner, a	4015
calculation of the service payments claimed to be correct and a	4016
statement of the errors in the auditor's determination. Upon	4017
receipt of such complaint, the board of revision shall notify the	4018
county auditor of the county in which the exempt property is	4019
located, who shall, within thirty days of such notice, certify to	4020
the board of revision a transcript of the record of the	4021
proceedings of the county auditor pertaining to the determination	4022
of the annual service payments. Any complaint filed under this	4023
section shall be regarded as a complaint for the purposes of	4024
divisions (B), (C), (E), (F), (G), and (H) of section 5715.19 of	4025
the Revised Code. The board of revision shall order the hearing of	4026
evidence and shall determine the amount of service payments due	4027
and payable pursuant to this section.	4028

(G) The county auditor of the county in which the exempt	4029
property is located shall establish the following two accounts:	4030

(1) A construction payments account to which shall be posted	4031
all payments made by a municipal corporation pursuant to section	4032
5709.082 of the Revised Code on account of such property derived	4033
from persons employed at the site of the sports facility in the	4034
construction of the facility. Deductions shall be made from such	4035
account as provided in division (D) of this section until the	4036
amounts so posted are exhausted;.	4037

(2) A municipal payments reimbursement account to which shall	4038
be posted all payments made by a municipal corporation pursuant to	4039
section 5709.082 of the Revised Code on account of such property	4040
including those posted under division (G)(1) of this section.	4041
Deductions shall be made from the municipal payments reimbursement	4042
account for reimbursements to the municipal corporation made under	4043
division (E) of this section until the amounts posted are	4044
exhausted.	4045

Sec. 307.6910. (A) A new nonprofit corporation shall be	4046
organized under the laws of this state for the purpose of	4047
operating a veterans memorial and museum to be located within the	4048
city of Columbus at the site described in division (B) of this	4049
section. The veterans memorial and museum shall be designated in	4050
the articles of incorporation and state law as the "Ohio Veterans	4051
Memorial and Museum."	4052

(B) The site of the Ohio Veterans Memorial and Museum, shall	4053
be constructed on the following parcel of real property owned in	4054
fee simple by the board of county commissioners of Franklin	4055
county:	4056

That property located at 300 West Broad Street, Columbus,	4057
Ohio, generally lying north of Broad Street, south of the	4058
right-of-way line of Norfolk and Southern Railway, west of the	4059
Scioto River and its floodwall, and east of the east line of Belle	4060
Street if the same extended north of Broad Street to the railroad	4061
right-of-way.	4062

(C) The bylaws of the new nonprofit corporation shall provide	4063
for the board of directors to consist of fifteen members. The	4064
appointments to the board of directors shall be made in accordance	4065
with the articles of incorporation and bylaws of the nonprofit	4066
corporation. All appointments to the board of directors shall	4067
satisfy any qualifications set forth in the nonprofit	4068
corporation's bylaws. A majority of the members of the board of	4069
directors appointed by each appointing entity shall be veterans of	4070
the armed forces of the United States. The appointments shall be	4071
made as follows:	4072

(1) The board of county commissioners of Franklin county	4073
shall appoint five members.	4074

(2) The governor shall appoint three members.

4075

(3) The speaker of the house of representatives and the	4076
president of the senate each shall appoint one member.	4077

(4) The articles of incorporation shall provide for the	4078
remaining appointments, not to exceed five, the majority of whom	4079
shall be veterans of the armed forces of the United States.	4080

(D) All meetings and records of the new nonprofit corporation	4081
shall be conducted and maintained in accordance with the sunshine	4082
laws of this state, including, but not limited to, sections 121.22	4083
and 149.43 of the Revised Code.	4084

(E) The board of county commissioners of Franklin county may	4085
lease the site described in division (B) of this section together	4086
with any adjacent property, without engaging in competitive	4087
bidding, to an Ohio nonprofit corporation for the construction,	4088
development, and operation of the Ohio Veterans Memorial and	4089
Museum. A board of county commissioners may appropriate funds to	4090
either the nonprofit corporation established as provided in this	4091
section or the nonprofit corporation with which the county has	4092
leased the property for permanent improvements and operating	4093
expenses of the Ohio Veterans Memorial and Museum.	4094

Sec. 307.863. (A) Notwithstanding section 307.86 of the	4095
Revised Code, a board of county commissioners that awards a	4096
franchise to a franchisee on behalf of a county transit board	4097
pursuant to section 306.04 of the Revised Code to operate a public	4098
transit system shall award the franchise through competitive	4099
bidding as prescribed in this section. The board shall solicit	4100
bids that are not sealed, and shall ensure that all bids the board	4101
receives are open for public inspection. The board shall consider	4102
all bids that are timely received.	4103

(B) The fact that a bid proposes to be the most beneficial to	4104
the county monetarily in and of itself does not confer best bid	4105
status on that bid.	4106

(C) In awarding a franchise to a bidder to operate a public	4107
transit system, the board may consider all of the following:	4108

(1) The proposed monetary benefit to the county;

4109

(2) The bidder's ownership of, or access to, transportation	4110
facilities or transportation equipment such as vehicles, automated	4111
transit systems, or any other applicable equipment;	4112

(3) The bidder's experience in operating public transit	4113
systems;	4114

(4) If the bidder has experience in operating public transit	4115
systems, the record of the bidder in relation to all aspects of	4116
operating a public transit system, including cost savings to a	4117
political subdivision, gains in efficiency, the safety and	4118
security of the traveling public and employees, service to the	4119
traveling public, return on any investments made by a political	4120
subdivision, and any other aspects the board includes for	4121
consideration.	4122

Sec. 307.982. (A) To the extent permitted by federal law,	4123
including subpart F of 5 C.F.R. part 900, and subject to any	4124
limitations established by the Revised Code, including division	4125
(B) of this section, a board of county commissioners may enter	4126
into a written contract with a private or government entity,	4127
including a public or private college or university, for the	4128
entity to perform a family services duty or workforce development	4129
activity on behalf of a county family services agency or workforce	4130
development agency. The entity with which a board contracts is not	4131
required to be located in the county the board serves.	4132

A family services duty or workforce development activity	4133
includes transportation services provided by a county transit	4134
board. A board of county commissioners may delegate to a county	4135
transit board the authority to solicit bids and award and execute	4136
contracts for such transportation services on behalf of the board	4137
of county commissioners.	4138

(B) A board of county commissioners may not enter into a	4139
contract under division (A) of this section regarding a family	4140
services duty of a public children services agency if a county	4141
children services board appointed under section 5153.03 of the	4142
Revised Code serves as the public children services agency for the	4143
county. The county children services board may enter into	4144
contracts regarding its duties in accordance with division (C)(2)	4145
of section 5153.16 of the Revised Code.	4146

Sec. 340.01. (A) As used in this chapter~~, "addiction,"~~:

4147

(1) "Addiction," "addiction services," "alcohol and drug	4148
addiction services," "community addiction services provider,"	4149
"community mental health services provider," "drug addiction,"	4150
"gambling addiction services," "mental health services," and	4151
"mental illness" have the same meanings as in section 5119.01 of	4152
the Revised Code.	4153

(2) "Medication-assisted treatment" means alcohol and drug	4154
addiction services that are accompanied by medication approved by	4155
the United States food and drug administration for the treatment	4156
of drug addiction, prevention of relapse of drug addiction, or	4157
both.	4158

(3) "Recovery housing" means housing for individuals	4159
recovering from drug addiction that provides an alcohol and	4160
drug-free living environment, peer support, assistance with	4161
obtaining drug addiction services, and other drug addiction	4162
recovery assistance.	4163

(B) An alcohol, drug addiction, and mental health service	4164
district shall be established in any county or combination of	4165
counties having a population of at least fifty thousand to provide	4166
addiction services and mental health services. With the approval	4167
of the director of mental health and addiction services, any	4168
county or combination of counties having a population of less than	4169
fifty thousand may establish such a district. Districts comprising	4170
more than one county shall be known as joint-county districts.	4171

The board of county commissioners of any county participating	4172
in a joint-county district may submit a resolution requesting	4173
withdrawal from the district together with a comprehensive plan or	4174
plans that are in compliance with rules adopted by the director of	4175
mental health and addiction services under section 5119.22 of the	4176
Revised Code, and that provide for the equitable adjustment and	4177
division of all services, assets, property, debts, and	4178
obligations, if any, of the joint-county district to the board of	4179
alcohol, drug addiction, and mental health services, to the boards	4180
of county commissioners of each county in the district, and to the	4181
~~directors~~director. No county participating in a joint-county	4182
service district may withdraw from the district without the	4183
consent of the director of mental health and addiction services	4184
nor earlier than one year after the submission of such resolution	4185
unless all of the participating counties agree to an earlier	4186
withdrawal. Any county withdrawing from a joint-county district	4187
shall continue to have levied against its tax list and duplicate	4188
any tax levied by the district during the period in which the	4189
county was a member of the district until such time as the levy	4190
expires or is renewed or replaced.	4191

Sec. 340.02. (A) For each alcohol, drug addiction, and	4192
mental health service district, there shall be appointed a board	4193
of alcohol, drug addiction, and mental health services consisting	4194
of eighteen members or fourteen members. Should the board of	4195
alcohol, drug addiction, and mental health services elect to	4196
remain at eighteen members, as provided under section 340.02 of	4197
the Revised Code as it existed immediately prior to the date of	4198
this amendment, the board of alcohol, drug addiction, and mental	4199
health services and the board of county commissioners shall not be	4200
required to take any action. Should the board of alcohol, drug	4201
addiction, and mental health services elect a recommendation to	4202
become a fourteen-member board, that recommendation must be	4203
approved by the board of county commissioners of the county in	4204
which the alcohol, drug addiction, and mental health district is	4205
located in order for the transition to a fourteen-member board to	4206
occur. Not later than September 30, 2013, each board of alcohol,	4207
drug addiction, and mental health services wishing to become a	4208
fourteen-member board shall notify the board of county	4209
commissioners of that recommendation. Failure of the board of	4210
county commissioners to take action within thirty days after	4211
receipt of the recommendation shall be deemed agreement by the	4212
board of county commissioners to transition to a fourteen-member	4213
board of alcohol, drug addiction, and mental health services.	4214
Should the board of county commissioners reject the	4215
recommendation, the board of county commissioners shall adopt a	4216
resolution stating that rejection within thirty days after receipt	4217
of the recommendation. Upon adoption of the resolution, the board	4218
of county commissioners shall meet with the board of alcohol, drug	4219
addiction, and mental health services to discuss the matter. After	4220
the meeting, the board of county commissioners shall notify the	4221
department of mental health and addiction services of its election	4222
not later than January 1, 2014. In a joint-county district, a	4223
majority of the boards of county commissioners must not reject the	4224
recommendation of a joint-county board to become a fourteen-member	4225
board in order for the transition to a fourteen-member board to	4226
occur. Should the joint-county district have an even number of	4227
counties, and the boards of county commissioners of these counties	4228
tie in terms of whether or not to accept the recommendation of the	4229
alcohol, drug addiction, and mental health services board, the	4230
recommendation of the alcohol, drug addiction, and mental health	4231
service board to become a fourteen-member board shall prevail. The	4232
election shall be final. Failure to provide notice of its election	4233
to the department on or before January 1, 2014, shall constitute	4234
an election to continue to operate as an eighteen-member board,	4235
which election shall also be final. If an existing board provides	4236
timely notice of its election to transition to operate as a	4237
fourteen-member board, the number of board members may decline	4238
from eighteen to fourteen by attrition as current members' terms	4239
expire. However, the composition of the board must reflect the	4240
requirements set forth in this section for fourteen-member boards.	4241
For all boards, half of the members shall be interested in mental	4242
health services and half of the members shall be interested in	4243
alcohol, drug, or gambling addiction services. All members shall	4244
be residents of the service district. The membership shall, as	4245
nearly as possible, reflect the composition of the population of	4246
the service district as to race and sex.	4247

(B) For boards operating as eighteen-member boards, the	4248
director of mental health and addiction services shall appoint	4249
eight members of the board and the board of county commissioners	4250
shall appoint ten members. For boards operating as fourteen-member	4251
boards, the director of mental health and addiction services shall	4252
appoint six members of the board and the board of county	4253
commissioners shall appoint eight members. In a joint-county	4254
district, the county commissioners of each participating county	4255
shall appoint members in as nearly as possible the same proportion	4256
as that county's population bears to the total population of the	4257
district, except that at least one member shall be appointed from	4258
each participating county.	4259

(C) The director of mental health and addiction services	4260
shall ensure that at least one member of the board is a clinician	4261
with experience in the delivery of mental health services, at	4262
least one member of the board is a person who has received or is	4263
receiving mental health services ~~paid for by public funds~~, at	4264
least one member of the board is a parent or other relative of	4265
such a person, at least one member of the board is a clinician	4266
with experience in the delivery of addiction services, at least	4267
one member of the board is a person who has received or is	4268
receiving addiction services ~~paid for by public funds~~, and at	4269
least one member of the board is a parent or other relative of	4270
such a person. A single member who meets both qualifications may	4271
fulfill the requirement for a clinician with experience in the	4272
delivery of mental health services and a clinician with experience	4273
in the delivery of addiction services.	4274

(D) No member or employee of a board of alcohol, drug	4275
addiction, and mental health services shall serve as a member of	4276
the board of any provider with which the board of alcohol, drug	4277
addiction, and mental health services has entered into a contract	4278
for the provision of services or facilities. No member of a board	4279
of alcohol, drug addiction, and mental health services shall be an	4280
employee of any provider with which the board has entered into a	4281
contract for the provision of services or facilities. No person	4282
shall be an employee of a board and such a provider unless the	4283
board and provider both agree in writing.	4284

(E) No person shall serve as a member of the board of	4285
alcohol, drug addiction, and mental health services whose spouse,	4286
child, parent, brother, sister, grandchild, stepparent, stepchild,	4287
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	4288
daughter-in-law, brother-in-law, or sister-in-law serves as a	4289
member of the board of any provider with which the board of	4290
alcohol, drug addiction, and mental health services has entered	4291
into a contract for the provision of services or facilities. No	4292
person shall serve as a member or employee of the board whose	4293
spouse, child, parent, brother, sister, stepparent, stepchild,	4294
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	4295
daughter-in-law, brother-in-law, or sister-in-law serves as a	4296
county commissioner of a county or counties in the alcohol, drug	4297
addiction, and mental health service district.	4298

(F) Each year each board member shall attend at least one	4299
inservice training session provided or approved by the department	4300
of mental health and addiction services.	4301

(G) For boards operating as eighteen-member boards, each	4302
member shall be appointed for a term of four years, commencing the	4303
first day of July, except that one-third of initial appointments	4304
to a newly established board, and to the extent possible to	4305
expanded boards, shall be for terms of two years, one-third of	4306
initial appointments shall be for terms of three years, and	4307
one-third of initial appointments shall be for terms of four	4308
years. For boards operating as fourteen-member boards, each member	4309
shall be appointed for a term of four years, commencing the first	4310
day of July, except that four of the initial appointments to a	4311
newly established board, and to the extent possible to expanded	4312
boards, shall be for terms of two years, five initial appointments	4313
shall be for terms of three years, and five initial appointments	4314
shall be for terms of four years. No member shall serve more than	4315
two consecutive four-year terms under the same appointing	4316
authority. A member may serve for three consecutive terms under	4317
the same appointing authority only if one of the terms is for less	4318
than two years. A member who has served two consecutive four-year	4319
terms or three consecutive terms totaling less than ten years is	4320
eligible for reappointment by the same appointing authority one	4321
year following the end of the second or third term, respectively.	4322

When a vacancy occurs, appointment for the expired or	4323
unexpired term shall be made in the same manner as an original	4324
appointment. The appointing authority shall be notified by	4325
certified mail of any vacancy and shall fill the vacancy within	4326
sixty days following that notice.	4327

Any member of the board may be removed from office by the	4328
appointing authority for neglect of duty, misconduct, or	4329
malfeasance in office, and shall be removed by the appointing	4330
authority if the member is barred by this section from serving as	4331
a board member. The member shall be informed in writing of the	4332
charges and afforded an opportunity for a hearing. Upon the	4333
absence of a member within one year from either four board	4334
meetings or from two board meetings without prior notice, the	4335
board shall notify the appointing authority, which may vacate the	4336
appointment and appoint another person to complete the member's	4337
term.	4338

Members of the board shall serve without compensation, but	4339
shall be reimbursed for actual and necessary expenses incurred in	4340
the performance of their official duties, as defined by rules of	4341
the department of mental health and addiction services.	4342

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	4343
health service district where the board of county commissioners	4344
has established an alcohol and drug addiction services board, the	4345
community mental health board established under former section	4346
340.02 of the Revised Code shall serve as the entity responsible	4347
for providing mental health services in the county. A community	4348
mental health board has all the powers, duties, and obligations of	4349
a board of alcohol, drug addiction, and mental health services	4350
with regard to mental health services. An alcohol and drug	4351
addiction services board has all the powers, duties, and	4352
obligations of a board of alcohol, drug addiction, and mental	4353
health services with regard to addiction services. Any provision	4354
of the Revised Code that refers to a board of alcohol, drug	4355
addiction, and mental health services with regard to mental health	4356
services also refers to a community mental health board and any	4357
provision that refers to a board of alcohol, drug addiction, and	4358
mental health services with regard to alcohol and drug addiction	4359
services also refers to an alcohol and drug addiction services	4360
board.	4361

An alcohol and drug addiction services board shall consist of	4362
eighteen members or fourteen members, at the election of the	4363
board. Not later than January 1, 2014, each alcohol and drug	4364
addiction services board shall notify the department of mental	4365
health and addiction services of its election to operate as an	4366
eighteen-member board or to operate as a fourteen-member board.	4367
The election shall be final. Failure to provide notice of its	4368
election to the department on or before January 1, 2014, shall	4369
constitute an election to continue to operate as an	4370
eighteen-member board. If an existing board provides timely notice	4371
of its election to operate as a fourteen-member board, the number	4372
of board members may decline from eighteen to fourteen by	4373
attrition as current members' terms expire. However, the	4374
composition of the board must reflect the requirements set forth	4375
in this section and in applicable provisions of section 340.02 of	4376
the Revised Code for fourteen-member boards. For boards operating	4377
as eighteen-member boards, six members shall be appointed by the	4378
director of mental health and addiction services and twelve	4379
members shall be appointed by the board of county commissioners.	4380
The director of mental health and addiction services shall ensure	4381
that at least one member of the board is a person who has received	4382
or is receiving services for alcohol, drug, or gambling addiction	4383
~~paid for with public funds~~, at least one member is a parent or	4384
relative of such a person, and at least one member is a clinician	4385
with experience in the delivery of addiction services. The	4386
membership of the board shall, as nearly as possible, reflect the	4387
composition of the population of the service district as to race	4388
and sex. Members shall be residents of the service district and	4389
shall be interested in alcohol, drug, or gambling addiction	4390
services. Requirements for membership, including prohibitions	4391
against certain family and business relationships, and terms of	4392
office shall be the same as those for members of boards of	4393
alcohol, drug addiction, and mental health services.	4394

A community mental health board shall consist of eighteen	4395
members or fourteen members, at the election of the board. Not	4396
later than January 1, 2014, each community mental health board	4397
shall notify the department of mental health and addiction	4398
services of its election to operate as an eighteen-member board or	4399
to operate as a fourteen-member board. The election shall be	4400
final. Failure to provide notice of its election to the department	4401
on or before January 1, 2014, shall constitute an election to	4402
continue to operate as an eighteen-member board. If an existing	4403
board provides timely notice of its election to operate as a	4404
fourteen-member board, the number of board members may decline	4405
from eighteen to fourteen by attrition as current members' terms	4406
expire. However, the composition of the board must reflect the	4407
requirements set forth in this section and in applicable	4408
provisions of section 340.02 of the Revised Code for	4409
fourteen-member boards. For boards operating as eighteen-member	4410
boards, six members shall be appointed by the director of mental	4411
health and addiction services and twelve members shall be	4412
appointed by the board of county commissioners. The director of	4413
mental health and addiction services shall ensure that at least	4414
one member of the board is a person who has received or is	4415
receiving mental health services ~~paid for with public funds~~, at	4416
least one member is a parent or relative of such a person, and at	4417
least one member is a clinician with experience in the delivery of	4418
mental health services. The membership of the board as nearly as	4419
possible shall reflect the composition of the population of the	4420
service district as to race and sex. Members shall be residents of	4421
the service district and shall be interested in mental health	4422
services. Requirements for membership, including prohibitions	4423
against certain family and business relationships, and terms of	4424
office shall be the same as those for members of boards of	4425
alcohol, drug addiction, and mental health services.	4426

(B)(1) If a board of county commissioners subject to division	4427
(A) of this section did not adopt a final resolution providing for	4428
a board of alcohol, drug addiction, and mental health services on	4429
or before July 1, 2007, the board of county commissioners may	4430
establish a board of alcohol, drug addiction, and mental health	4431
services on or after ~~the effective date of this amendment~~	4432
September 23, 2008. To establish the board, the board of county	4433
commissioners shall adopt a resolution providing for the board's	4434
establishment. The composition of the board, the procedures for	4435
appointing members, and all other matters related to the board and	4436
its members are subject to section 340.02 of the Revised Code,	4437
with the following exceptions:	4438

(a) For initial appointments to the board, the county's	4439
community mental health board and alcohol and drug addiction	4440
services board shall jointly recommend members of those boards for	4441
reappointment and shall submit the recommendations to the board of	4442
county commissioners and the director of mental health and	4443
addiction services.	4444

(b) To the greatest extent possible, the appointing	4445
authorities shall appoint the initial members from among the	4446
members jointly recommended under division (B)(1)(a) of this	4447
section.	4448

(2) If a board of alcohol, drug addiction, and mental health	4449
services is established pursuant to division (B)(1) of this	4450
section, the board has the same rights, privileges, immunities,	4451
powers, and duties that were possessed by the county's community	4452
mental health board and alcohol and drug addiction services board.	4453
When the board is established, all property and obligations of the	4454
community mental health board and alcohol and drug addiction	4455
services board shall be transferred to the board of alcohol, drug	4456
addiction, and mental health services.	4457

Sec. 340.03. (A) Subject to rules issued by the director of	4458
mental health and addiction services after consultation with	4459
relevant constituencies as required by division (A)(10) of section	4460
5119.21 of the Revised Code, the board of alcohol, drug addiction,	4461
and mental health services shall:	4462

(1) Serve as the community addiction and mental health	4463
services planning agency for the county or counties under its	4464
jurisdiction, and in so doing it shall:	4465

(a) Evaluate the need for facilities and community addiction	4466
and mental health services;	4467

(b) In cooperation with other local and regional planning and	4468
funding bodies and with relevant ethnic organizations, assess the	4469
community addiction and mental health needs, evaluate strengths	4470
and challenges, and set priorities for community addiction and	4471
mental health services, including treatment and prevention. When	4472
the board sets priorities for the operation of addiction services,	4473
the board shall consult with the county commissioners of the	4474
counties in the board's service district regarding the services	4475
described in section 340.15 of the Revised Code and shall give	4476
priority to those services, except that those services shall not	4477
have a priority over services provided to pregnant women under	4478
programs developed in relation to the mandate established in	4479
section 5119.17 of the Revised Code;	4480

(c) In accordance with guidelines issued by the director of	4481
mental health and addiction services after consultation with board	4482
representatives, annually develop and submit to the department of	4483
mental health and addiction services a community addiction and	4484
mental health services plan listing community addiction and mental	4485
health services needs, including the needs of all residents of the	4486
district currently receiving inpatient services in state-operated	4487
hospitals, the needs of other populations as required by state or	4488
federal law or programs, the needs of all children subject to a	4489
determination made pursuant to section 121.38 of the Revised Code,	4490
and priorities for facilities and community addiction and mental	4491
health services during the period for which the plan will be in	4492
effect.	4493

In alcohol, drug addiction, and mental health service	4494
districts that have separate alcohol and drug addiction services	4495
and community mental health boards, the alcohol and drug addiction	4496
services board shall submit a community addiction services plan	4497
and the community mental health board shall submit a community	4498
mental health services plan. Each board shall consult with its	4499
counterpart in developing its plan and address the interaction	4500
between the local addiction services and mental health services	4501
systems and populations with regard to needs and priorities in	4502
developing its plan.	4503

The department shall approve or disapprove the plan, in whole	4504
or in part, according to the criteria developed pursuant to	4505
section 5119.22 of the Revised Code. Eligibility for state and	4506
federal funding shall be contingent upon an approved plan or	4507
relevant part of a plan.	4508

If a board determines that it is necessary to amend a plan	4509
that has been approved under this division, the board shall submit	4510
a proposed amendment to the director. The director may approve or	4511
disapprove all or part of the amendment. The director shall inform	4512
the board of the reasons for disapproval of all or part of an	4513
amendment and of the criteria that must be met before the	4514
amendment may be approved. The director shall provide the board an	4515
opportunity to present its case on behalf of the amendment. The	4516
director shall give the board a reasonable time in which to meet	4517
the criteria, and shall offer the board technical assistance to	4518
help it meet the criteria.	4519

The board shall operate in accordance with the plan approved	4520
by the department.	4521

(d) Promote, arrange, and implement working agreements with	4522
social agencies, both public and private, and with judicial	4523
agencies.	4524

(2) Investigate, or request another agency to investigate,	4525
any complaint alleging abuse or neglect of any person receiving	4526
services from a community addiction or mental health services	4527
provider certified under section 5119.36 of the Revised Code or	4528
alleging abuse or neglect of a resident receiving addiction	4529
services or with mental illness or severe mental disability	4530
residing in a residential facility licensed under section 5119.34	4531
of the Revised Code. If the investigation substantiates the charge	4532
of abuse or neglect, the board shall take whatever action it	4533
determines is necessary to correct the situation, including	4534
notification of the appropriate authorities. Upon request, the	4535
board shall provide information about such investigations to the	4536
department.	4537

(3) For the purpose of section 5119.36 of the Revised Code,	4538
cooperate with the director of mental health and addiction	4539
services in visiting and evaluating whether the services of a	4540
community addiction or mental health services provider satisfy the	4541
certification standards established by rules adopted under that	4542
section;	4543

(4) In accordance with criteria established under division	4544
(E) of section 5119.22 of the Revised Code, conduct program audits	4545
that review and evaluate the quality, effectiveness, and	4546
efficiency of services provided through its community addiction	4547
and mental health contracted services and submit its findings and	4548
recommendations to the department of mental health and addiction	4549
services;	4550

(5) In accordance with section 5119.34 of the Revised Code,	4551
review an application for a residential facility license and	4552
provide to the department of mental health and addiction services	4553
any information about the applicant or facility that the board	4554
would like the department to consider in reviewing the	4555
application;	4556

(6) Audit, in accordance with rules adopted by the auditor of	4557
state pursuant to section 117.20 of the Revised Code, at least	4558
annually all programs and services provided under contract with	4559
the board. In so doing, the board may contract for or employ the	4560
services of private auditors. A copy of the fiscal audit report	4561
shall be provided to the director of mental health and addiction	4562
services, the auditor of state, and the county auditor of each	4563
county in the board's district.	4564

(7) Recruit and promote local financial support for addiction	4565
and mental health services from private and public sources;	4566

(8)(a) Enter into contracts with public and private	4567
facilities for the operation of facility services and enter into	4568
contracts with public and private community addiction and mental	4569
health service providers for the provision of community addiction	4570
and mental health services. The board may not contract with a	4571
residential facility subject to section 5119.34 of the Revised	4572
Code unless the facility is licensed by the director of mental	4573
health and addiction services and may not contract with a	4574
community addiction or mental health services provider to provide	4575
community addiction or mental health services unless the services	4576
are certified by the director of mental health and addiction	4577
services under section 5119.36 of the Revised Code. Section 307.86	4578
of the Revised Code does not apply to contracts entered into under	4579
this division. In contracting with a community addiction or mental	4580
health services provider, a board shall consider the cost	4581
effectiveness of services provided by that provider and the	4582
quality and continuity of care, and may review cost elements,	4583
including salary costs, of the services to be provided. A	4584
utilization review process may be established as part of the	4585
contract for services entered into between a board and a community	4586
addiction or mental health services provider. The board may	4587
establish this process in a way that is most effective and	4588
efficient in meeting local needs.	4589

If either the board or a facility or community addiction or	4590
mental health services provider with which the board contracts	4591
under this division proposes not to renew the contract or proposes	4592
substantial changes in contract terms, the other party shall be	4593
given written notice at least one hundred twenty days before the	4594
expiration date of the contract. During the first sixty days of	4595
this one hundred twenty-day period, both parties shall attempt to	4596
resolve any dispute through good faith collaboration and	4597
negotiation in order to continue to provide services to persons in	4598
need. If the dispute has not been resolved sixty days before the	4599
expiration date of the contract, either party may notify the	4600
department of mental health and addiction services of the	4601
unresolved dispute. The director may require both parties to	4602
submit the dispute to a third party with the cost to be shared by	4603
the board and the facility or provider. The third party shall	4604
issue to the board, the facility or provider, and the department	4605
recommendations on how the dispute may be resolved twenty days	4606
prior to the expiration date of the contract, unless both parties	4607
agree to a time extension. The director shall adopt rules	4608
establishing the procedures of this dispute resolution process.	4609

(b) With the prior approval of the director of mental health	4610
and addiction services, a board may operate a facility or provide	4611
a community addiction or mental health service as follows, if	4612
there is no other qualified private or public facility or	4613
community addiction or mental health services provider that is	4614
immediately available and willing to operate such a facility or	4615
provide the service:	4616

(i) In an emergency situation, any board may operate a	4617
facility or provide a community addiction or mental health service	4618
in order to provide essential services for the duration of the	4619
emergency;	4620

(ii) In a service district with a population of at least one	4621
hundred thousand but less than five hundred thousand, a board may	4622
operate a facility or provide a community addiction or mental	4623
health service for no longer than one year;	4624

(iii) In a service district with a population of less than	4625
one hundred thousand, a board may operate a facility or provide a	4626
community addiction or mental health service for no longer than	4627
one year, except that such a board may operate a facility or	4628
provide a community addiction or mental health service for more	4629
than one year with the prior approval of the director and the	4630
prior approval of the board of county commissioners, or of a	4631
majority of the boards of county commissioners if the district is	4632
a joint-county district.	4633

The director shall not give a board approval to operate a	4634
facility or provide a community addiction or mental health service	4635
under division (A)(8)(b)(ii) or (iii) of this section unless the	4636
director determines that it is not feasible to have the department	4637
operate the facility or provide the service.	4638

The director shall not give a board approval to operate a	4639
facility or provide a community addiction or mental health service	4640
under division (A)(8)(b)(iii) of this section unless the director	4641
determines that the board will provide greater administrative	4642
efficiency and more or better services than would be available if	4643
the board contracted with a private or public facility or	4644
community addiction or mental health services provider.	4645

The director shall not give a board approval to operate a	4646
facility previously operated by a person or other government	4647
entity unless the board has established to the director's	4648
satisfaction that the person or other government entity cannot	4649
effectively operate the facility or that the person or other	4650
government entity has requested the board to take over operation	4651
of the facility. The director shall not give a board approval to	4652
provide a community addiction or mental health service previously	4653
provided by a community addiction or mental health services	4654
provider unless the board has established to the director's	4655
satisfaction that the provider cannot effectively provide the	4656
service or that the provider has requested the board take over	4657
providing the service.	4658

The director shall review and evaluate a board's operation of	4659
a facility and provision of community addiction or mental health	4660
service under division (A)(8)(b) of this section.	4661

Nothing in division (A)(8)(b) of this section authorizes a	4662
board to administer or direct the daily operation of any facility	4663
or community addiction or mental health services provider, but a	4664
facility or provider may contract with a board to receive	4665
administrative services or staff direction from the board under	4666
the direction of the governing body of the facility or provider.	4667

(9) Approve fee schedules and related charges or adopt a unit	4668
cost schedule or other methods of payment for contract services	4669
provided by community addiction or mental health services	4670
providers in accordance with guidelines issued by the department	4671
as necessary to comply with state and federal laws pertaining to	4672
financial assistance;	4673

(10) Submit to the director and the county commissioners of	4674
the county or counties served by the board, and make available to	4675
the public, an annual report of the services under the	4676
jurisdiction of the board, including a fiscal accounting;	4677

(11) Establish, to the extent resources are available, a full	4678
spectrum of care for all levels of treatment services for opioid	4679
and co-occurring drug addiction and a continuum of care~~, which~~	4680
~~provides~~for other services that provide for prevention,	4681
treatment, support, and rehabilitation services and opportunities.	4682
The essential elements of the full spectrum and continuum of care	4683
include~~, but are not limited to,~~ the following components in	4684
accordance with section 5119.21 of the Revised Code:	4685

(a) To locate persons in need of addiction or mental health	4686
services to inform them of available services and benefits;	4687

(b) Assistance for persons receiving services to obtain	4688
services necessary to meet basic human needs for food, clothing,	4689
shelter, medical care, personal safety, and income;	4690

(c) Addiction and mental health services, including~~, but not~~	4691
~~limited to,~~ outpatient, residential, partial hospitalization, ~~and,~~	4692
~~where appropriate,~~ inpatient (where appropriate), and any other	4693
type of addiction and mental health care;	4694

(d) Emergency services and crisis intervention;

4695

(e) Assistance for persons receiving services to obtain	4696
vocational services and opportunities for jobs;	4697

(f) The provision of services designed to develop social,	4698
community, and personal living skills;	4699

(g) Access to a wide range of housing and the provision of	4700
residential treatment and support;	4701

(h) Support, assistance, consultation, and education for	4702
families, friends, persons receiving addiction or mental health	4703
services, and others;	4704

(i) Recognition and encouragement of families, friends,	4705
neighborhood networks, especially networks that include racial and	4706
ethnic minorities, churches, community organizations, and	4707
community employment as natural supports for persons receiving	4708
addiction or mental health services;	4709

(j) Grievance procedures and protection of the rights of	4710
persons receiving addiction or mental health services;	4711

(k) Community psychiatric supportive treatment services,	4712
which includes continual individualized assistance and advocacy to	4713
ensure that needed services are offered and procured;	4714

(l) Any additional component the department determines is	4715
necessary to establish a full spectrum of care for all levels of	4716
treatment services for opioid and co-occurring drug addiction and	4717
a continuum of care for other services.	4718

(12) Establish a method for evaluating referrals for	4719
involuntary commitment and affidavits filed pursuant to section	4720
5122.11 of the Revised Code in order to assist the probate	4721
division of the court of common pleas in determining whether there	4722
is probable cause that a respondent is subject to involuntary	4723
hospitalization and what alternative treatment is available and	4724
appropriate, if any;	4725

(13) Designate the treatment services, provider, facility, or	4726
other placement for each person involuntarily committed to the	4727
board pursuant to Chapter 5122. of the Revised Code. The board	4728
shall provide the least restrictive and most appropriate	4729
alternative that is available for any person involuntarily	4730
committed to it and shall assure that the listed services	4731
submitted and approved in accordance with division (B) of section	4732
340.08 of the Revised Code are available to severely mentally	4733
disabled persons residing within its service district. The board	4734
shall establish the procedure for authorizing payment for	4735
services, which may include prior authorization in appropriate	4736
circumstances. The board may provide for services directly to a	4737
severely mentally disabled person when life or safety is	4738
endangered and when no community mental health services provider	4739
is available to provide the service.	4740

(14) Ensure that apartments or rooms built, subsidized,	4741
renovated, rented, owned, or leased by the board or a community	4742
addiction or mental health services provider have been approved as	4743
meeting minimum fire safety standards and that persons residing in	4744
the rooms or apartments are receiving appropriate and necessary	4745
services, including culturally relevant services, from a community	4746
addiction or mental health services provider. This division does	4747
not apply to residential facilities licensed pursuant to section	4748
5119.34 of the Revised Code.	4749

(15) Establish a mechanism for obtaining advice and	4750
involvement of persons receiving publicly funded addiction or	4751
mental health services on matters pertaining to addiction and	4752
mental health services in the alcohol, drug addiction, and mental	4753
health service district;	4754

(16) Perform the duties required by rules adopted under	4755
section 5119.22 of the Revised Code regarding referrals by the	4756
board or mental health services providers under contract with the	4757
board of individuals with mental illness or severe mental	4758
disability to residential facilities as defined in division	4759
(A)(9)(b)(iii) of section 5119.34 of the Revised Code and	4760
effective arrangements for ongoing mental health services for the	4761
individuals. The board is accountable in the manner specified in	4762
the rules for ensuring that the ongoing mental health services are	4763
effectively arranged for the individuals.	4764

(B) The board shall establish such rules, operating	4765
procedures, standards, and bylaws, and perform such other duties	4766
as may be necessary or proper to carry out the purposes of this	4767
chapter.	4768

(C) A board of alcohol, drug addiction, and mental health	4769
services may receive by gift, grant, devise, or bequest any	4770
moneys, lands, or property for the benefit of the purposes for	4771
which the board is established, and may hold and apply it	4772
according to the terms of the gift, grant, or bequest. All money	4773
received, including accrued interest, by gift, grant, or bequest	4774
shall be deposited in the treasury of the county, the treasurer of	4775
which is custodian of the alcohol, drug addiction, and mental	4776
health services funds to the credit of the board and shall be	4777
available for use by the board for purposes stated by the donor or	4778
grantor.	4779

(D) No board member or employee of a board of alcohol, drug	4780
addiction, and mental health services shall be liable for injury	4781
or damages caused by any action or inaction taken within the scope	4782
of the board member's official duties or the employee's	4783
employment, whether or not such action or inaction is expressly	4784
authorized by this section or any other section of the Revised	4785
Code, unless such action or inaction constitutes willful or wanton	4786
misconduct. Chapter 2744. of the Revised Code applies to any	4787
action or inaction by a board member or employee of a board taken	4788
within the scope of the board member's official duties or	4789
employee's employment. For the purposes of this division, the	4790
conduct of a board member or employee shall not be considered	4791
willful or wanton misconduct if the board member or employee acted	4792
in good faith and in a manner that the board member or employee	4793
reasonably believed was in or was not opposed to the best	4794
interests of the board and, with respect to any criminal action or	4795
proceeding, had no reasonable cause to believe the conduct was	4796
unlawful.	4797

(E) The meetings held by any committee established by a board	4798
of alcohol, drug addiction, and mental health services shall be	4799
considered to be meetings of a public body subject to section	4800
121.22 of the Revised Code.	4801

Sec. 340.08. In accordance with rules or guidelines issued	4802
by the director of mental health and addiction services, each	4803
board of alcohol, drug addiction, and mental health services shall	4804
do all of the following:	4805

(A) Submit to the department of mental health and addiction	4806
services a report of receipts and expenditures for all federal,	4807
state, and local moneys the board expects to receive;.	4808

(1) The report shall identify funds the board has available	4809
for the full spectrum of care for all levels of treatment services	4810
for opioid and co-occurring drug addiction required by division	4811
(B) of section 340.09 of the Revised Code.	4812

(2) The report shall identify funds the board and public	4813
children services agencies in the board's service district have	4814
available to fund jointly the services described in section 340.15	4815
of the Revised Code.	4816

~~(2)~~(3) The board's proposed budget for expenditures of state	4817
and federal funds distributed to the board by the department shall	4818
be deemed an application for funds, and the department shall	4819
approve or disapprove the budget for these expenditures. The	4820
department shall inform the board of the reasons for disapproval	4821
of the budget for the expenditure of state and federal funds and	4822
of the criteria that must be met before the budget may be	4823
approved. The director shall provide the board an opportunity to	4824
present its case on behalf of the submitted budget. The director	4825
shall give the board a reasonable time in which to meet the	4826
criteria and shall offer the board technical assistance to help it	4827
meet the criteria.	4828

If a board determines that it is necessary to amend a budget	4829
that has been approved under this section, the board shall submit	4830
a proposed amendment to the director. The director may approve or	4831
disapprove all or part of the amendment. The director shall inform	4832
the board of the reasons for disapproval of all or part of the	4833
amendment and of the criteria that must be met before the	4834
amendment may be approved. The director shall provide the board an	4835
opportunity to present its case on behalf of the amendment. The	4836
director shall give the board a reasonable time in which to meet	4837
the criteria and shall offer the board technical assistance to	4838
help it meet the criteria.	4839

~~(3)~~(4) The director of mental health and addiction services,	4840
in whole or in part, may withhold funds otherwise to be allocated	4841
to a board of alcohol, drug addiction, and mental health services	4842
under Chapter 5119. of the Revised Code if the board's use of	4843
state and federal funds fails to comply with the approved budget,	4844
as it may be amended with the approval of the department. However,	4845
the director shall withhold all such funds from the board if the	4846
board fails to make the full spectrum of care for all levels of	4847
treatment services for opioid and co-occurring drug addiction	4848
available in the board's district in accordance with division (B)	4849
of section 340.09 of the Revised Code.	4850

(B) Submit to the department a statement identifying the	4851
services described in section 340.09 of the Revised Code the board	4852
intends to make available. The board shall include the full	4853
spectrum of care for all levels of treatment services for opioid	4854
and co-occurring drug addiction required by division (B) of	4855
section 340.09 of the Revised Code, crisis intervention services	4856
for individuals in emergency situations, and services required	4857
pursuant to section 340.15 of the Revised Code~~, and the~~. The board	4858
shall explain the manner in which the board intends to make such	4859
services available. The list of services shall be compatible with	4860
the budget submitted pursuant to division (A) of this section. The	4861
department shall approve or disapprove the proposed listing of	4862
services to be made available. The department shall inform the	4863
board of the reasons for disapproval of the listing of proposed	4864
services and of the criteria that must be met before listing of	4865
proposed services may be approved. The director shall provide the	4866
board an opportunity to present its case on behalf of the	4867
submitted listing of proposed services. The director shall give	4868
the board a reasonable time in which to meet the criteria and	4869
shall offer the board technical assistance to help it meet the	4870
criteria.	4871

(C) Enter into a continuity of care agreement with the state	4872
institution operated by the department of mental health and	4873
addiction services and designated as the institution serving the	4874
district encompassing the board's service district. The continuity	4875
of care agreement shall outline the department's and the board's	4876
responsibilities to plan for and coordinate with each other to	4877
address the needs of board residents who are patients in the	4878
institution, with an emphasis on managing appropriate hospital bed	4879
day use and discharge planning. The continuity of care agreement	4880
shall not require the board to provide services other than those	4881
on the list of services submitted by the board and approved by the	4882
department pursuant to division (B) of this section.	4883

(D) In conjunction with the department of mental health and	4884
addiction services, operate a coordinated system for tracking and	4885
monitoring persons found not guilty by reason of insanity and	4886
committed pursuant to section 2945.40 of the Revised Code who have	4887
been granted a conditional release and persons found incompetent	4888
to stand trial and committed pursuant to section 2945.39 of the	4889
Revised Code who have been granted a conditional release. The	4890
system shall do all of the following:	4891

(1) Centralize responsibility for the tracking of those	4892
persons;	4893

(2) Provide for uniformity in monitoring those persons;

4894

(3) Provide a mechanism to allow prompt rehospitalization,	4895
reinstitutionalization, or detention when a violation of the	4896
conditional release or decompensation occurs.	4897

(E) Submit to the department a report summarizing complaints	4898
and grievances received by the board concerning the rights of	4899
persons seeking or receiving services, investigations of	4900
complaints and grievances, and outcomes of the investigations.	4901

(F) Provide to the department information to be submitted to	4902
the community addiction and mental health information system or	4903
systems established by the department under Chapter 5119. of the	4904
Revised Code.	4905

(G) Annually, and upon any change in membership, submit to	4906
the department a list of all current members of the board of	4907
alcohol, drug addiction, and mental health services, including the	4908
appointing authority for each member, and the member's specific	4909
qualification for appointment pursuant to section 340.02 or	4910
340.021 of the Revised Code, if applicable.	4911

(H) Submit to the department other information as is	4912
reasonably required for purposes of the department's operations,	4913
service evaluation, reporting activities, research, system	4914
administration, and oversight.	4915

Sec. 340.09. (A) The department of mental health and	4916
addiction services shall provide assistance to any county for ~~the~~	4917
all of the following from funds the general assembly appropriates	4918
for these purposes:	4919

(1) The operation of ~~boards~~the board of alcohol, drug	4920
addiction, and mental health services~~, the provision of services~~	4921
serving the county;	4922

(2) The full spectrum of care for all levels of treatment	4923
services for opioid and co-occurring drug addiction that are	4924
approved by the department and made available in the county by the	4925
board serving the county;	4926

(3) The continuum of care for other services that are	4927
approved by the department ~~within the continuum of care, the~~and	4928
made available in the county by the board serving the county;	4929

(4) The provision of approved support functions~~, and the~~;

4930

(5) The partnership in, or support for, ~~approved continuum of~~	4931
~~care-related~~ activities ~~from funds appropriated for that purpose~~	4932
~~by the general assembly~~related to the full spectrum of all levels	4933
of treatment services for opioid and co-occurring drug addiction	4934
and the continuum of care of other services.	4935

(B) The full spectrum of care for all levels of treatment	4936
services for opioid and co-occurring drug addiction shall include	4937
at least ambulatory and sub-acute detoxification, non-intensive	4938
and intensive outpatient services, medication-assisted treatment,	4939
peer mentoring, residential treatment services, recovery housing	4940
pursuant to section 340.092 of the Revised Code, and twelve-step	4941
approaches. The treatment services shall be made available in the	4942
service district of each board, except that a treatment consisting	4943
of sub-acute detoxification or residential treatment services for	4944
opioid and co-occurring drug addiction is not required to be	4945
available in a board's service district if the board has a	4946
contract with one or more providers of sub-acute detoxification or	4947
residential treatment services for opioid and co-occurring drug	4948
addiction located in other service districts. The treatment	4949
services shall be made available in a manner that ensures that	4950
service recipients are able to access the services they need for	4951
opioid and co-occurring drug addiction in an integrated manner and	4952
without delay when changing or obtaining additional treatment	4953
services for such addiction. A treatment service for opioid and	4954
co-occurring drug addiction shall not be excluded from the full	4955
spectrum of care on the basis that the treatment service	4956
previously failed.	4957

(C) Categories in the continuum of care for other services	4958
may include the following:	4959

(1) Inpatient;

4960

(2) Sub-acute detoxification;

4961

(3) Residential;

4962

~~(3)~~(4) Outpatient treatment;

4963

~~(4)~~(5) Intensive and other supports;

4964

~~(5)~~(6) Recovery support;

4965

~~(6)~~(7) Prevention and wellness management.

4966

~~(C)~~(D) Support functions may include the following:

4967

(1) Consultation;

4968

(2) Research;

4969

(3) Administrative;

4970

(4) Referral and information;

4971

(5) Training;

4972

(6) Service and program evaluation.

4973

Sec. 340.092. All of the following apply to the recovery	4974
housing that each board of alcohol, drug addiction, and mental	4975
health services shall include in the full spectrum of care for all	4976
levels of treatment services for opioid and co-occurring drug	4977
addiction under division (B) of section 340.09 of the Revised	4978
Code:	4979

(A) The recovery housing shall not be owned or operated by a	4980
residential facility as defined in section 5119.34 of the Revised	4981
Code and instead shall be owned and operated by the following:	4982

(1) Except as provided in division (A)(2) of this section, a	4983
community addiction services provider or other local	4984
nongovernmental organization (including a peer-run recovery	4985
organization), as appropriate to the needs of the board's service	4986
district;	4987

(2) The board, if either of the following applies:

4988

(a) The board owns and operates the recovery housing on the	4989
effective date of this section.	4990

(b) The board determines that there is an emergency need for	4991
the board to assume the ownership and operation of the recovery	4992
housing such as when an existing owner and operator of the	4993
recovery housing goes out of business, and the board considers the	4994
assumption of ownership and operation of the recovery housing to	4995
be its last resort.	4996

(B) The recovery housing shall have protocols for all of the	4997
following:	4998

(1) Administrative oversight;

4999

(2) Quality standards;

5000

(3) Policies and procedures, including house rules, for its	5001
residents to which the residents must agree to adhere.	5002

(C) Individuals recovering from opioid or co-occurring drug	5003
addiction shall have priority in admission to the recovery	5004
housing, but an individual recovering from other drug addictions	5005
may be admitted if an available slot is not needed for an	5006
individual recovering from opioid or co-occurring drug addiction.	5007

(D) Family members of the recovery housing's residents may	5008
reside in the recovery housing to the extent the recovery	5009
housing's protocols permit.	5010

(E) The recovery housing shall not limit a resident's	5011
duration of stay to an arbitrary or fixed amount of time. Instead,	5012
each resident's duration of stay shall be determined by the	5013
resident's needs, progress, and willingness to abide by the	5014
recovery housing's protocols, in collaboration with the recovery	5015
housing's owner, and, if appropriate, in consultation and	5016
integration with a community addiction services provider.	5017

(F) The recovery housing's residents may receive	5018
medication-assisted treatment while residing in the recovery	5019
housing.	5020

(G) The recovery housing is not subject to certification by	5021
the department of mental health and addiction services under	5022
section 5119.36 of the Revised Code.	5023

Sec. 340.093. If the amount of funds that a board of	5024
alcohol, drug addiction, and mental health services has for the	5025
board's full spectrum of care for all levels of treatment services	5026
for opioid and co-occurring drug addiction is greater than the	5027
amount needed to provide the treatment services to all eligible	5028
individuals with opioid and co-occurring drug addictions who apply	5029
to the board for the treatment services, the board may use the	5030
excess funds to provide the treatment services to other eligible	5031
individuals with alcohol or other types of drug addictions.	5032

Sec. 340.15. (A) A public children services agency that	5033
identifies a child by a risk assessment conducted pursuant to	5034
section 5153.16 of the Revised Code as being at imminent risk of	5035
being abused or neglected because of an addiction of a parent,	5036
guardian, or custodian of the child to a drug of abuse or alcohol	5037
shall refer the child's addicted parent, guardian, or custodian	5038
and, if the agency determines that the child needs alcohol or	5039
other drug addiction services, the child to a community addiction	5040
services provider certified by the department of mental health and	5041
addiction services under section 5119.36 of the Revised Code. A	5042
public children services agency that is sent a court order issued	5043
pursuant to division (B) of section 2151.3514 of the Revised Code	5044
shall refer the addicted parent or other caregiver of the child	5045
identified in the court order to a community addiction services	5046
provider certified by the department of mental health and	5047
addiction services under section 5119.36 of the Revised Code. On	5048
receipt of a referral under this division and to the extent	5049
funding identified under division (A)~~(1)~~(2) of section 340.08 of	5050
the Revised Code is available, the provider shall provide the	5051
following services to the addicted parent, guardian, custodian, or	5052
caregiver and child in need of addiction services:	5053

(1) If it is determined pursuant to an initial screening to	5054
be needed, assessment and appropriate treatment;	5055

(2) Documentation of progress in accordance with a treatment	5056
plan developed for the addicted parent, guardian, custodian,	5057
caregiver, or child;	5058

(3) If the referral is based on a court order issued pursuant	5059
to division (B) of section 2151.3514 of the Revised Code and the	5060
order requires the specified parent or other caregiver of the	5061
child to submit to alcohol or other drug testing during, after, or	5062
both during and after, treatment, testing in accordance with the	5063
court order.	5064

(B) The services described in division (A) of this section	5065
shall have a priority as provided in the addiction and mental	5066
health services plan and budget established pursuant to sections	5067
340.03 and 340.08 of the Revised Code. Once a referral has been	5068
received pursuant to this section, the public children services	5069
agency and the addiction services provider shall, in accordance	5070
with 42 C.F.R. Part 2, share with each other any information	5071
concerning the persons and services described in that division	5072
that the agency and provider determine are necessary to share. If	5073
the referral is based on a court order issued pursuant to division	5074
(B) of section 2151.3514 of the Revised Code, the results and	5075
recommendations of the addiction services provider also shall be	5076
provided and used as described in division (D) of that section.	5077
Information obtained or maintained by the agency or provider	5078
pursuant to this section that could enable the identification of	5079
any person described in division (A) of this section is not a	5080
public record subject to inspection or copying under section	5081
149.43 of the Revised Code.	5082

Sec. 340.20. (A) In accordance with the rules adopted under	5083
section 5119.363 of the Revised Code, each board of alcohol, drug	5084
addiction, and mental health services monthly shall do all of the	5085
following:	5086

(1) Compile on an aggregate basis the information the board	5087
receives that month from community addiction services providers	5088
under section 5119.362 of the Revised Code;	5089

(2) Determine the number of applications for a treatment	5090
service included in the full spectrum of care required by division	5091
(B) of section 340.09 of the Revised Code that the board received	5092
in the immediately preceding month and that the board denied that	5093
month, each type of treatment service so denied, and the reasons	5094
for the denials;	5095

(3) Subject to division (B) of this section, report all of	5096
the following to the department of mental health and addiction	5097
services:	5098

(a) The information that the board compiles under division	5099
(A)(1) of this section that month;	5100

(b) The information that the board determines under division	5101
(A)(2) of this section that month;	5102

5103

(B) Each board shall report the information required by	5104
division (A)(3) of this section as follows:	5105

(1) In an electronic format;

5106

(2) In a manner that maintains the confidentiality of all	5107
individuals for whom information is included in the report;	5108

(3) In a manner that presents the information about the	5109
individuals whose information is included in the report by their	5110
counties of residence.	5111

Sec. 341.12. (A) In a county not having a sufficient jail or	5112
staff, subject to division (B) of this section, the sheriff shall	5113
convey any person charged with the commission of an offense,	5114
sentenced to imprisonment in the county jail, or in custody upon	5115
civil process to a jail in any county the sheriff considers most	5116
convenient and secure. As used in this paragraph, any county	5117
includes a contiguous county in an adjoining state.	5118

The sheriff may call such aid as is necessary in guarding,	5119
transporting, or returning such person. Whoever neglects or	5120
refuses to render such aid, when so called upon, shall forfeit and	5121
pay the sum of ten dollars, to be recovered by an action in the	5122
name and for the use of the county.	5123

Such sheriff and ~~his~~the sheriff's assistants shall receive	5124
such compensation for their services as the county auditor of the	5125
county from which such person was removed considers reasonable.	5126
The compensation shall be paid from the county treasury on the	5127
warrant of the auditor.	5128

The receiving sheriff shall not, pursuant to this section,	5129
convey the person received to any county other than the one from	5130
which the person was removed.	5131

(B)(1) If Lawrence county does not have a sufficient jail in	5132
the county or staff, instead of conveying a person in a category	5133
described in division (A) of this section to a jail in any county	5134
pursuant to that division, the Lawrence county sheriff may convey	5135
the person to the river valley/Lawrence county facility in	5136
accordance with section 341.121 of the Revised Code.	5137

If a county other than Lawrence county does not have a	5138
sufficient jail or staff and has entered into an agreement with	5139
the Lawrence county sheriff as described in division (B)(1) of	5140
section 341.121 of the Revised Code, instead of conveying a person	5141
in a category described in division (A) of this section to a jail	5142
in any county pursuant to that division, the sheriff of the other	5143
county may convey the person to the river valley/Lawrence county	5144
facility in accordance with section 341.121 of the Revised Code.	5145

(2) As used in division (B)(1) of this section, "river	5146
valley/Lawrence county facility" has the same meaning as in	5147
section 341.121 of the Revised Code.	5148

Sec. 341.121. (A) As used in this section:

5149

(1) "Ohio river valley juvenile correctional facility" means	5150
the former Ohio river valley juvenile correctional facility in	5151
Franklin Furnace, Scioto county, that formerly was operated by the	5152
department of youth services.	5153

(2) "River valley/Lawrence county facility" means the portion	5154
of the Ohio river valley juvenile correctional facility that,	5155
pursuant to an agreement entered into as described in division	5156
(B)(1) of this section, the sheriff of Lawrence county is	5157
authorized to use as a jail for Lawrence county.	5158

(B) The board of county commissioners of Lawrence county, the	5159
director of youth services, the director of rehabilitation and	5160
correction, and the director of administrative services may enter	5161
into an agreement pursuant to which the sheriff of Lawrence county	5162
may use a specified portion of the Ohio river valley juvenile	5163
correctional facility as a jail for Lawrence county. The agreement	5164
shall not provide for transfer of ownership of any portion of the	5165
Ohio river valley juvenile correctional facility. If the board and	5166
the departments enter into an agreement of this nature, on and	5167
after the effective date of the agreement, all of the following	5168
apply:	5169

(1) The sheriff of Lawrence county may use the river	5170
valley/Lawrence county facility for the confinement of persons	5171
charged with the commission of an offense, sentenced to	5172
confinement for such an offense in a jail, or in custody upon	5173
civil process, if the offense occurred or the person was taken	5174
into custody under the civil process within Lawrence county or	5175
within another county that has entered into an agreement with the	5176
sheriff for the confinement of such persons in that facility;	5177

(2) The sheriff of Lawrence county shall not use the river	5178
valley/Lawrence county facility for the confinement of a juvenile	5179
who is alleged to be or is adjudicated a delinquent child or	5180
juvenile traffic offender;	5181

(3) The sheriff of Lawrence county shall not use the river	5182
valley/Lawrence county facility for any purpose listed in division	5183
(B)(1) of this section unless that facility satisfies the minimum	5184
standards for jails in Ohio promulgated pursuant to section	5185
5120.10 of the Revised Code;	5186

(4) If the sheriff of Lawrence county uses the river	5187
valley/Lawrence county facility for one or more of the purposes	5188
listed in division (B)(1) of this section, all of the following	5189
apply during that use of that facility and during the period	5190
covered by the agreement:	5191

(a) The sheriff has charge of that facility and all persons	5192
confined in it, and shall keep those persons safely, attend to	5193
that facility, and regulate that facility according to the minimum	5194
standards for jails in Ohio promulgated pursuant to section	5195
5120.10 of the Revised Code;	5196

(b) The sheriff has all responsibilities and duties regarding	5197
the operation of that facility, including, but not limited to,	5198
safe and secure operation of and staffing for that facility, food	5199
services, medical services, and other programs, services, and	5200
treatment of persons confined in it, and conveyance to and from	5201
that facility of persons who are to be or who have been confined	5202
in it, in the same manner as if that facility was a Lawrence	5203
county jail;	5204

(c) All provisions of Chapter 341. of the Revised Code,	5205
except for sections 341.13 to 341.18 of the Revised Code, apply	5206
with respect to that facility and to the sheriff in the same	5207
manner as if that facility was a Lawrence county jail, and	5208
sections 341.13 to 341.18 of the Revised Code apply with respect	5209
to that facility and the sheriff if that facility is used for	5210
confinement of persons from a county other than Lawrence county	5211
pursuant to an agreement as described in division (B)(1) of this	5212
section;	5213

(d) Lawrence county has all responsibility for the costs of	5214
operation of that facility, and for all potential liability	5215
related to the use or operation of that facility and damages to	5216
it, in the same manner as if that facility was a Lawrence county	5217
jail;	5218

(e) The sheriff has all responsibility for investigating	5219
crimes and quelling disturbances that occur in that facility, and	5220
for assisting in the prosecution of such crimes, and the	5221
prosecuting attorney of Lawrence county and prosecutors of	5222
municipal corporations located in Lawrence county have	5223
responsibility for prosecution of such crimes, in the same manner	5224
as if that facility was a Lawrence county jail;	5225

(f) The sheriff's use of that facility shall be in accordance	5226
with the terms of the agreement, to the extent that the terms are	5227
not in conflict with divisions (B)(1), (2), (3), and (4)(a) to (f)	5228
of this section.	5229

(5) If the sheriff of Lawrence county uses the river	5230
valley/Lawrence county facility for one or more of the purposes	5231
listed in division (B)(1) of this section and subsequently ceases	5232
to use that facility for those purposes, the sheriff shall vacate	5233
the facility and control of the facility immediately shall revert	5234
to the state.	5235

Sec. 757.03. As used in sections 757.03 to 757.08 of the	5236
Revised Code, "area arts council" means an arts council or other	5237
organization the purpose of which is to foster and encourage the	5238
development of the arts, including but not limited to, literature,	5239
theater, music, the dance, painting, sculpture, photography,	5240
architecture, and motion pictures.	5241

In any city or county in which there is a symphony	5242
association, area arts council, art museum, or other similar	5243
organization, which is incorporated under sections 1702.01 to	5244
1702.58 of the Revised Code, without purpose of profit to any	5245
private member or individual, but organized for the purpose of the	5246
cultivation and performance of instrumental music, the promotion	5247
of the arts, or to maintain a symphony orchestra, the board of	5248
education of any school district in such city or the educational	5249
service center governing board serving such county, or both, may	5250
pay the symphony association, council, art museum, or other	5251
organization annually, in quarterly installments, in the case of a	5252
school district board of education, a sum of not to exceed one	5253
half of one cent on each one hundred dollars of the taxable	5254
property of the district and, in the case of an educational	5255
service center governing board, a sum of not to exceed one half of	5256
one cent on each one hundred dollars of the taxable property of	5257
the territory of the service center, as valued on the tax	5258
duplicate for the next year before the date of the payment. In	5259
order to qualify for such payments, the symphony association, arts	5260
council, art museum, or other organization shall, by proper	5261
resolution of its board of trustees or other governing body,	5262
accept all applicable provisions of sections 757.03 to 757.08 of	5263
the Revised Code, and file a certified copy of the resolution with	5264
the board of education of such district or with the governing	5265
board of such educational service center prior to the date of any	5266
payment. The first of such payments may be made in the year after	5267
the filing of such certified copy.	5268

Sec. 757.04. No symphony association, area arts council, art	5269
museum, or other similar organization may receive any of the	5270
payments provided for in section 757.03 of the Revised Code until	5271
the symphony association, council, art museum, or organization, by	5272
a proper resolution adopted by its board of trustees or other	5273
governing body, has tendered to the appropriate board of education	5274
or the educational service center governing board the following:	5275

(A) The right to nominate as trustees or as members of any	5276
other governing body of the symphony association, council, art	5277
museum, or organization three members consisting of the following:	5278

(1) One member of the board of education or the educational	5279
service center governing board;	5280

(2) Either the superintendent of schools of the school	5281
district or an educational service center, or an assistant	5282
superintendent of schools of the district or an educational	5283
service center;	5284

(3) One member of the music department of the schools	5285
maintained by the board of education, to be selected by the	5286
superintendent, all three of whom so nominated shall thereupon be	5287
elected as trustees or as members of any other governing body.	5288

(B) The right to nominate for membership on the executive	5289
committee of the symphony association, council, art museum, or	5290
organization one of the three trustees of the symphony	5291
association, council, art museum, or organization, representing	5292
the board of education or the educational service center governing	5293
board as the trustees pursuant to division (A) of this section,	5294
who shall thereupon be elected a member of the executive	5295
committee;	5296

(C) The right to require the orchestra maintained by the	5297
symphony association or any performing groups maintained by the	5298
council, art museum, or organization to provide such feasible	5299
performances for the public schools or for local school districts	5300
within the educational service center system maintained or	5301
supervised by the educational service center governing board, as	5302
in the joint judgment of the board of trustees of the symphony	5303
association, council, art museum, or organization, the	5304
superintendent, and the board of education of the school district	5305
or the educational service center governing board, will serve the	5306
largest interest of the school children of the school district or	5307
the area served by the educational service center.	5308

A copy of the resolution, certified by the president and	5309
secretary of the symphony association, council, art museum, or	5310
organization, shall be filed in the office of the board of	5311
education or in the office of the educational service center	5312
governing board as a condition precedent to the receipt by the	5313
association, council, art museum, or organization of any payments.	5314

Sec. 757.05. In any city or county in which there is a	5315
symphony association, an area arts council, an art museum, or	5316
other similar organization which is incorporated, organized, and	5317
operated in the manner and for the purposes stated in section	5318
757.03 of the Revised Code, such city or county, or both, may pay	5319
the symphony association, council, art museum, or organization	5320
annually, in quarterly installments, in the case of a city, a sum	5321
not to exceed one half of one cent on each one hundred dollars of	5322
taxable property of the city as ~~value~~valued on the tax duplicate	5323
of the city or, in the case of a county, a sum not to exceed one	5324
half of one cent on each one hundred dollars of the taxable	5325
property of the county for the year next before the date of each	5326
payment. In order to qualify for such payments, the symphony	5327
association, council, art museum, or organization shall, by a	5328
proper resolution of its board of trustees or other governing	5329
body, accept all applicable provisions of sections 757.03 to	5330
757.08 of the Revised Code and file a certified copy of the	5331
resolution with the controller of the city or the board of county	5332
commissioners prior to the date of any payment. The first of such	5333
payments may be made in the year after the filing of such	5334
certified copy.	5335

Sec. 757.06. No symphony association, area arts council, art	5336
museum, or other similar organization may receive any of the	5337
payments provided for in section 757.05 of the Revised Code until	5338
the symphony association, council, art museum, or organization, by	5339
a proper resolution adopted by its board of trustees or other	5340
governing body, has tendered to the mayor, or to the legislative	5341
authority of the city if there is no mayor, or to the board of	5342
county commissioners, the following:	5343

(A) The right to nominate as trustees or as members of any	5344
other governing body of the symphony association, council, art	5345
museum, or organization, three members to be appointed by the	5346
mayor, or by the legislative authority of the city if there is no	5347
mayor, or by the board of county commissioners, one of which	5348
nominees may, in the discretion of such mayor or legislative	5349
authority, or board of county commissioners, be the mayor, or a	5350
member of the legislative authority, or the board of county	5351
commissioners, all three of whom so nominated shall thereupon be	5352
elected as trustees or as members of any other governing body;	5353

(B) The right to nominate for membership on the executive	5354
committee of the symphony association, council, art museum, or	5355
organization, one of the three trustees of the symphony	5356
association, council, art museum, or organization, representing	5357
the city or county as the trustees pursuant to division (A) of	5358
this section, which nominee may, in the discretion of the mayor or	5359
the legislative authority of the city if there is no mayor, or the	5360
board of county commissioners, be the mayor, or a member of the	5361
legislative authority, or the board of county commissioners, which	5362
nominee shall thereupon be elected a member of the executive	5363
committee;	5364

(C) The right to require the orchestra maintained by the	5365
symphony association or any performing groups maintained by the	5366
council or organization to provide such feasible popular	5367
performances at low cost, as in the joint judgment of the board of	5368
trustees of the symphony association, council, art museum, or	5369
organization, and the mayor or the legislative authority of the	5370
city if there is no mayor, or the board of county commissioners,	5371
will serve the largest interests of the citizens of the city or	5372
county.	5373

A copy of the resolution, certified by the president and	5374
secretary of the symphony association, council, art museum, or	5375
organization, shall be filed in the office of the city controller	5376
of the city or the board of county commissioners of the county, as	5377
a condition precedent to the receipt by the association or	5378
~~society~~, council, art museum, or similar organization of any	5379
payments.	5380

Sec. 757.07. After any symphony association, area arts	5381
council, art museum, or other similar organization has once filed	5382
with the board of education, the city controller, or the board of	5383
county commissioners the resolutions provided for in sections	5384
757.03 to 757.06 of the Revised Code, it need not renew the same	5385
from year to year, but each original resolution continues in force	5386
for the purposes named until, by like resolution, likewise	5387
certified and filed, any original resolution is revoked or	5388
rescinded.	5389

Sec. 757.08. So long as any symphony association, area arts	5390
council, art museum, or other similar organization does all the	5391
things it agreed to do as considerations for the benefits to be	5392
received by it under sections 757.03 to 757.08 of the Revised	5393
Code, or is able, willing, and ready to perform the same, the	5394
appropriate board of education and the educational service center	5395
governing board and the city and county may continue to make the	5396
several payments as provided in such sections.	5397

Sec. 955.01. (A)(1) Except as otherwise provided in this	5398
section or in sections 955.011, 955.012, and 955.16 of the Revised	5399
Code, every person who owns, keeps, or harbors a dog more than	5400
three months of age shall file, on or after the first day of the	5401
applicable December, but before the thirty-first day of the	5402
applicable January, in the office of the county auditor of the	5403
county in which the dog is kept or harbored, an application for	5404
registration for a period of one year or three years or an	5405
application for a permanent registration. The board of county	5406
commissioners, by resolution, may extend the period for filing the	5407
application. The application shall state the age, sex, color,	5408
character of hair, whether short or long, and breed, if known, of	5409
the dog and the name and address of the owner of the dog. A	5410
registration fee of two dollars for each year of registration for	5411
a one-year or three-year registration or twenty dollars for a	5412
permanent registration for each dog shall accompany the	5413
application. However, the fee may exceed that amount if a greater	5414
fee has been established under division (A)(2) of this section or	5415
under section 955.14 of the Revised Code.	5416

(2) A board of county commissioners may establish a	5417
registration fee higher than the one provided for in division	5418
(A)(1) of this section for dogs more than nine months of age that	5419
have not been spayed or neutered, except that the higher	5420
registration fee permitted by this division shall not apply if a	5421
person registering a dog furnishes with the application either a	5422
certificate from a licensed veterinarian verifying that the dog	5423
should not be spayed or neutered because of its age or medical	5424
condition or because the dog is used or intended for use for show	5425
or breeding purposes or a certificate from the owner of the dog	5426
declaring that the owner holds a valid hunting license issued by	5427
the division of wildlife of the department of natural resources	5428
and that the dog is used or intended for use for hunting purposes.	5429
If the board establishes such a fee, the application for	5430
registration shall state whether the dog is spayed or neutered,	5431
and whether a licensed veterinarian has certified that the dog	5432
should not be spayed or neutered or the owner has stated that the	5433
dog is used or intended to be used for hunting purposes. The board	5434
may require a person who is registering a spayed or neutered dog	5435
to furnish with the application a certificate from a licensed	5436
veterinarian verifying that the dog is spayed or neutered. No	5437
person shall furnish a certificate under this division that the	5438
person knows to be false.	5439

(B) If the application for registration is not filed and the	5440
registration fee paid, on or before the thirty-first day of the	5441
applicable January of each year or, if the board of county	5442
commissioners by resolution has extended the date to a date later	5443
than the thirty-first day of January, the date established by the	5444
board, the auditor shall assess a penalty in an amount equal to	5445
the registration fee for one year upon the owner, keeper, or	5446
harborer, which shall be paid with the registration fee.	5447

(C) An animal shelter that keeps or harbors a dog more than	5448
three months of age is exempt from paying any fees imposed under	5449
division (A) or (B) of this section if it is a nonprofit	5450
organization that is exempt from federal income taxation under	5451
subsection 501(a) and described in subsection 501(c)(3) of the	5452
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.	5453

Sec. 955.05. After the thirty-first day of January of any	5454
year, except as otherwise provided in section 955.012 or 955.16 of	5455
the Revised Code, every person, immediately upon becoming the	5456
owner, keeper, or harborer of any dog more than three months of	5457
age or brought from outside the state during any year, shall file	5458
like applications, with fees, as required by section 955.01 of the	5459
Revised Code, for registration for ~~the current year~~a period of	5460
one year or three years or an application for permanent	5461
registration. If the application is not filed and the fee paid,	5462
within thirty days after the dog is acquired, becomes three months	5463
of age, or is brought from outside the state, the auditor shall	5464
assess a penalty in an amount equal to the registration fee for	5465
one year upon the owner, keeper, or harborer, which shall be paid	5466
with the registration fee. Thereafter, the owner, keeper, or	5467
harborer shall register the dog ~~for a period of one year or three~~	5468
~~years or register the dog permanently~~ as provided in section	5469
955.01 of the Revised Code, as applicable.	5470

Every person becoming the owner of a kennel of dogs after the	5471
thirty-first day of January of any year shall file like	5472
applications, with fees, as required by section 955.04 of the	5473
Revised Code, for the registration of such kennel for the current	5474
calendar year. If such application is not filed and the fee paid	5475
within thirty days after the person becomes the owner of such	5476
kennel, the auditor shall assess a penalty in an amount equal to	5477
the registration fee upon the owner of such kennel.	5478

Sec. 1321.535. ~~(A)~~ Each applicant for a mortgage loan	5479
originator license shall submit to a written test that is	5480
developed and approved by the nationwide mortgage licensing system	5481
and registry and administered by a test provider approved by the	5482
nationwide mortgage licensing system and registry based upon	5483
reasonable standards.	5484

~~(1)~~(A) The test shall adequately measure the applicant's	5485
knowledge and comprehension in appropriate subject matters,	5486
including ethics and federal and state law related to mortgage	5487
origination, fraud, consumer protection, the nontraditional	5488
mortgage marketplace, and fair lending issues.	5489

~~(2)~~(B) An individual shall not be considered to have passed	5490
the test unless the individual ~~achieves a test score of~~answers at	5491
least seventy-five per cent ~~correct answers on all~~of the	5492
questions ~~and at least seventy-five per cent correct answers on~~	5493
~~all questions relating to Ohio mortgage lending laws and the Ohio~~	5494
~~consumer sales practices act, Chapter 1345. of the Revised Code,~~	5495
~~as it applies to registrants and licensees~~correctly.	5496

~~(3)~~(C) An individual may retake the test three consecutive	5497
times provided the period between taking the tests is at least	5498
thirty days.	5499

~~(4)~~(D) After failing three consecutive tests, an individual	5500
shall be required to wait at least six months before taking the	5501
test again.	5502

~~(5)~~(E) If a mortgage loan originator fails to maintain a	5503
valid license for a period of five years or longer, the individual	5504
shall be required to retake the test. For this purpose, any time	5505
during which the individual is a registered mortgage loan	5506
originator shall not be taken into account.	5507

~~(B) Notwithstanding division (A) of this section, if the~~	5508
~~nationwide mortgage licensing system and registry fails to have in~~	5509
~~place a testing process that meets the criteria set forth in that~~	5510
~~division, the superintendent shall require, until that process is~~	5511
~~in place, evidence that the mortgage loan originator applicant~~	5512
~~passed a written test acceptable to the superintendent.~~	5513

Sec. 1321.55. (A) Every registrant shall keep records	5514
pertaining to loans made under sections 1321.51 to 1321.60 of the	5515
Revised Code. Such records shall be segregated from records	5516
pertaining to transactions that are not subject to these sections	5517
of the Revised Code. Every registrant shall preserve records	5518
pertaining to loans made under sections 1321.51 to 1321.60 of the	5519
Revised Code for at least two years after making the final entry	5520
on such records. Accounting systems maintained in whole or in part	5521
by mechanical or electronic data processing methods that provide	5522
information equivalent to that otherwise required are acceptable	5523
for this purpose. At least once each eighteen-month cycle, the	5524
division of financial institutions shall make or cause to be made	5525
an examination of records pertaining to loans made under sections	5526
1321.51 to 1321.60 of the Revised Code, for the purpose of	5527
determining whether the registrant is complying with these	5528
sections and of verifying the registrant's annual report.	5529

(B)(1) As required by the superintendent of financial	5530
institutions, each registrant shall file with the division each	5531
year aan annual report under oath or affirmation, on forms	5532
supplied by the division, concerning the business and operations	5533
for the preceding calendar year. Whenever a registrant operates	5534
two or more registered offices or whenever two or more affiliated	5535
registrants operate registered offices, then a composite report of	5536
the group of registered offices may be filed in lieu of individual	5537
reports. For purposes of compliance with this requirement, the	5538
superintendent may accept call reports or other reports of	5539
condition submitted to the nationwide mortgage licensing system	5540
and registry in lieu of the annual report.	5541

(2) The ~~division~~superintendent shall publish annually an	5542
analysis of the information required under ~~division~~divisions	5543
(B)(1) and (3) of this section, but the individual reports,	5544
whether filed with the superintendent or the nationwide mortgage	5545
licensing system and registry, shall not be public records and	5546
shall not be open to public inspection.	5547

(3) Each mortgage licensee shall submit to the nationwide	5548
mortgage licensing system and registry call reports or other	5549
reports of condition, which shall be in such form and shall	5550
contain such information as the nationwide mortgage licensing	5551
system and registry may require.	5552

(C)(1) The following information is confidential:

5553

(a) Examination information, and any information leading to	5554
or arising from an examination;	5555

(b) Investigation information, and any information arising	5556
from or leading to an investigation.	5557

(2) The information described in division (C)(1) of this	5558
section shall remain confidential for all purposes except when it	5559
is necessary for the superintendent to take official action	5560
regarding the affairs of a registrant or licensee, or in	5561
connection with criminal or civil proceedings to be initiated by a	5562
prosecuting attorney or the attorney general. This information may	5563
also be introduced into evidence or disclosed when and in the	5564
manner authorized by section 1181.25 of the Revised Code.	5565

(D) All application information, except social security	5566
numbers, employer identification numbers, financial account	5567
numbers, the identity of the institution where financial accounts	5568
are maintained, personal financial information, fingerprint cards	5569
and the information contained on such cards, and criminal	5570
background information, is a public record as defined in section	5571
149.43 of the Revised Code.	5572

(E) This section does not prevent the division of financial	5573
institutions from releasing to or exchanging with other financial	5574
institution regulatory authorities information relating to	5575
registrants and licensees. For this purpose, a "financial	5576
institution regulatory authority" includes a regulator of a	5577
business activity in which a registrant or licensee is engaged, or	5578
has applied to engage in, to the extent that the regulator has	5579
jurisdiction over a registrant or licensee engaged in that	5580
business activity. A registrant or licensee is engaged in a	5581
business activity, and a regulator of that business activity has	5582
jurisdiction over the registrant or licensee, whether the	5583
registrant or licensee conducts the activity directly or a	5584
subsidiary or affiliate of the registrant or licensee conducts the	5585
activity.	5586

(1) Any confidentiality or privilege arising under federal or	5587
state law with respect to any information or material provided to	5588
the nationwide mortgage licensing system and registry shall	5589
continue to apply to the information or material after the	5590
information or material has been provided to the nationwide	5591
mortgage licensing system and registry. The information and	5592
material so provided may be shared with all state and federal	5593
regulatory officials with mortgage industry oversight authority	5594
without the loss of confidentiality or privilege protections	5595
provided by federal law or the law of any state. Information or	5596
material described in division (E)(1) of this section to which	5597
confidentiality or privilege applies shall not be subject to any	5598
of the following:	5599

(a) Disclosure under any federal or state law governing	5600
disclosure to the public of information held by an officer or an	5601
agency of the federal government or of the respective state;	5602

(b) Subpoena or discovery, or admission into evidence, in any	5603
private civil action or administrative process, unless the person	5604
to whom such information or material pertains waives, in whole or	5605
in part and at the discretion of the person, any privilege held by	5606
the nationwide mortgage licensing system and registry with respect	5607
to that information or material.	5608

(2) The superintendent, in order to promote more effective	5609
regulation and reduce regulatory burden through supervisory	5610
information sharing, may enter into sharing arrangements with	5611
other governmental agencies, the conference of state bank	5612
supervisors, and the American association of residential mortgage	5613
regulators.	5614

(3) Any state law, including section 149.43 of the Revised	5615
Code, relating to the disclosure of confidential supervisory	5616
information or any information or material described in division	5617
(C)(1) or (E)(1) of this section that is inconsistent with this	5618
section shall be superseded by the requirements of this section.	5619

(F) This section shall not apply with respect to information	5620
or material relating to the employment history of, and publicly	5621
adjudicated disciplinary and enforcement actions against, mortgage	5622
loan originators that is included in the nationwide mortgage	5623
licensing system and registry for access by the public.	5624

(G) This section does not prevent the division from releasing	5625
information relating to registrants and licensees to the attorney	5626
general, to the superintendent of real estate and professional	5627
licensing for purposes relating to the administration of Chapters	5628
4735. and 4763. of the Revised Code, to the superintendent of	5629
insurance for purposes relating to the administration of Chapter	5630
3953. of the Revised Code, to the commissioner of securities for	5631
purposes relating to the administration of Chapter 1707. of the	5632
Revised Code, or to local law enforcement agencies and local	5633
prosecutors. Information the division releases pursuant to this	5634
section remains confidential.	5635

(H) The superintendent of financial institutions shall, by	5636
rule adopted in accordance with Chapter 119. of the Revised Code,	5637
establish a process by which mortgage loan originators may	5638
challenge information provided to the nationwide mortgage	5639
licensing system and registry by the superintendent.	5640

(I) No person, in connection with any examination or	5641
investigation conducted by the superintendent under sections	5642
1321.51 to 1321.60 of the Revised Code, shall knowingly do any of	5643
the following:	5644

(1) Circumvent, interfere with, obstruct, or fail to	5645
cooperate, including making a false or misleading statement,	5646
failing to produce records, or intimidating or suborning any	5647
witness;	5648

(2) Withhold, abstract, remove, mutilate, destroy, or secrete	5649
any books, records, computer records, or other information;	5650

(3) Tamper with, alter, or manufacture any evidence.

5651

Sec. 1322.03. (A) An application for a certificate of	5652
registration as a mortgage broker shall be in writing, under oath,	5653
and in the form prescribed by the superintendent of financial	5654
institutions. The application shall be accompanied by a	5655
nonrefundable application fee of five hundred dollars for each	5656
location of an office to be maintained by the applicant in	5657
accordance with division (A) of section 1322.02 of the Revised	5658
Code and any additional fee required by the nationwide mortgage	5659
licensing system and registry. The application shall provide all	5660
of the following:	5661

(1) The location or locations where the business is to be	5662
transacted and whether any location is a residence. If any	5663
location where the business is to be transacted is a residence,	5664
the superintendent may require that the application be accompanied	5665
by a copy of a zoning permit authorizing the use of the residence	5666
for commercial purposes, or by a written opinion or other document	5667
issued by the county or political subdivision where the residence	5668
is located certifying that the use of the residence to transact	5669
business as a mortgage broker is not prohibited by the county or	5670
political subdivision.	5671

(2)(a) In the case of a sole proprietor, the name and address	5672
of the sole proprietor;	5673

(b) In the case of a partnership, the name and address of	5674
each partner;	5675

(c) In the case of a corporation, the name and address of	5676
each shareholder owning five per cent or more of the corporation;	5677

(d) In the case of any other entity, the name and address of	5678
any person that owns five per cent or more of the entity that will	5679
transact business as a mortgage broker.	5680

(3) Each applicant shall designate an employee or owner of	5681
the applicant as the applicant's operations manager. While acting	5682
as the operations manager, the employee or owner shall be licensed	5683
as a loan originator under sections 1322.01 to 1322.12 of the	5684
Revised Code and shall not be employed by any other mortgage	5685
broker.	5686

(4) Evidence that the person designated on the application	5687
pursuant to division (A)(3) of this section possesses at least	5688
three years of experience in the residential mortgage and lending	5689
field, which experience may include employment with or as a	5690
mortgage broker or with a depository institution, mortgage lending	5691
institution, or other lending institution, or possesses at least	5692
three years of other experience related specifically to the	5693
business of residential mortgage loans that the superintendent	5694
determines meets the requirements of division (A)(4) of this	5695
section;	5696

(5) Evidence that the person designated on the application	5697
pursuant to division (A)(3) of this section has successfully	5698
completed the pre-licensing instruction requirements set forth in	5699
section 1322.031 of the Revised Code;	5700

(6) Evidence of compliance with the surety bond requirements	5701
of section 1322.05 of the Revised Code and with sections 1322.01	5702
to 1322.12 of the Revised Code;	5703

(7) In the case of a foreign business entity, evidence that	5704
it maintains a license or registration pursuant to Chapter 1703.,	5705
1705., 1775., 1776., 1777., 1782., or 1783. of the Revised Code to	5706
transact business in this state;	5707

(8) Evidence that the applicant's operations manager has	5708
successfully completed the written test required ~~under division~~	5709
~~(A) of~~by section 1322.051 of the Revised Code;	5710

(9) Any further information that the superintendent requires.

5711

(B) Upon the filing of the application and payment of the	5712
nonrefundable application fee and any fee required by the	5713
nationwide mortgage licensing system and registry, the	5714
superintendent of financial institutions shall investigate the	5715
applicant, and any individual whose identity is required to be	5716
disclosed in the application, as set forth in division (B) of this	5717
section.	5718

(1)(a) Notwithstanding division (K) of section 121.08 of the	5719
Revised Code, the superintendent shall obtain a criminal history	5720
records check and, as part of that records check, request that	5721
criminal record information from the federal bureau of	5722
investigation be obtained. To fulfill this requirement, the	5723
superintendent shall do either of the following:	5724

(i) Request the superintendent of the bureau of criminal	5725
identification and investigation, or a vendor approved by the	5726
bureau, to conduct a criminal records check based on the	5727
applicant's fingerprints or, if the fingerprints are unreadable,	5728
based on the applicant's social security number, in accordance	5729
with division (A)(12) of section 109.572 of the Revised Code;	5730

(ii) Authorize the nationwide mortgage licensing system and	5731
registry to request a criminal history background check.	5732

(b) Any fee required under division (C)(3) of section 109.572	5733
of the Revised Code or by the nationwide mortgage licensing system	5734
and registry shall be paid by the applicant.	5735

(2) The superintendent shall conduct a civil records check.

5736

(3) If, in order to issue a certificate of registration to an	5737
applicant, additional investigation by the superintendent outside	5738
this state is necessary, the superintendent may require the	5739
applicant to advance sufficient funds to pay the actual expenses	5740
of the investigation, if it appears that these expenses will	5741
exceed five hundred dollars. The superintendent shall provide the	5742
applicant with an itemized statement of the actual expenses that	5743
the applicant is required to pay.	5744

(C) The superintendent shall pay all funds advanced and	5745
application and renewal fees and penalties the superintendent	5746
receives pursuant to this section and section 1322.04 of the	5747
Revised Code to the treasurer of state to the credit of the	5748
consumer finance fund created in section 1321.21 of the Revised	5749
Code.	5750

(D) If an application for a mortgage broker certificate of	5751
registration does not contain all of the information required	5752
under division (A) of this section, and if that information is not	5753
submitted to the superintendent or to the nationwide mortgage	5754
licensing system and registry within ninety days after the	5755
superintendent or the nationwide mortgage licensing system and	5756
registry requests the information in writing, including by	5757
electronic transmission or facsimile, the superintendent may	5758
consider the application withdrawn.	5759

(E) A mortgage broker certificate of registration and the	5760
authority granted under that certificate is not transferable or	5761
assignable and cannot be franchised by contract or any other	5762
means.	5763

(F) The registration requirements of this chapter apply to	5764
any person acting as a mortgage broker, and no person is exempt	5765
from the requirements of this chapter on the basis of prior work	5766
or employment as a mortgage broker.	5767

(G) The superintendent may establish relationships or enter	5768
into contracts with the nationwide mortgage licensing system and	5769
registry, or any entities designated by it, to collect and	5770
maintain records and process transaction fees or other fees	5771
related to mortgage broker certificates of registration or the	5772
persons associated with a mortgage broker.	5773

Sec. 1322.031. (A) An application for a license as a loan	5774
originator shall be in writing, under oath, and in the form	5775
prescribed by the superintendent of financial institutions. The	5776
application shall be accompanied by a nonrefundable application	5777
fee of one hundred fifty dollars and any additional fee required	5778
by the nationwide mortgage licensing system and registry.	5779

(B)(1) The application shall provide evidence, acceptable to	5780
the superintendent, that the applicant has successfully completed	5781
at least twenty-four hours of pre-licensing instruction consisting	5782
of all of the following:	5783

(a) Twenty hours of instruction in a course or program of	5784
study reviewed and approved by the nationwide mortgage licensing	5785
system and registry;	5786

(b) Four hours of instruction in a course or program of study	5787
reviewed and approved by the superintendent concerning state	5788
lending laws and the Ohio consumer sales practices act, Chapter	5789
1345. of the Revised Code, as it applies to registrants and	5790
licensees.	5791

(2) Notwithstanding division (B)(1) of this section, until	5792
the nationwide mortgage licensing system and registry implements a	5793
review and approval program, the application shall provide	5794
evidence, as determined by the superintendent, that the applicant	5795
has successfully completed at least twenty-four hours of	5796
instruction in a course or program of study approved by the	5797
superintendent that consists of at least all of the following:	5798

(a) Four hours of instruction concerning state and federal	5799
mortgage lending laws, which shall include no less than two hours	5800
on this chapter;	5801

(b) Four hours of instruction concerning the Ohio consumer	5802
sales practices act, Chapter 1345. of the Revised Code, as it	5803
applies to registrants and licensees;	5804

(c) Four hours of instruction concerning the loan application	5805
process;	5806

(d) Two hours of instruction concerning the underwriting	5807
process;	5808

(e) Two hours of instruction concerning the secondary market	5809
for mortgage loans;	5810

(f) Four hours of instruction concerning the loan closing	5811
process;	5812

(g) Two hours of instruction covering basic mortgage	5813
financing concepts and terms;	5814

(h) Two hours of instruction concerning the ethical	5815
responsibilities of a registrant and a licensee, including with	5816
respect to confidentiality, consumer counseling, and the duties	5817
and standards of care created in section 1322.081 of the Revised	5818
Code.	5819

(3) For purposes of division (B)(1)(a) of this section, the	5820
review and approval of a course or program of study includes the	5821
review and approval of the provider of the course or program of	5822
study.	5823

(4) If an applicant held a valid loan originator license	5824
issued by this state at any time during the immediately preceding	5825
five-year period, the applicant shall not be required to complete	5826
any additional pre-licensing instruction. For this purpose, any	5827
time during which the individual is a registered loan originator	5828
shall not be taken into account.	5829

(5) A person having successfully completed the pre-licensing	5830
education requirement reviewed and approved by the nationwide	5831
mortgage licensing system and registry for any state within the	5832
previous five years shall be granted credit toward completion of	5833
the pre-licensing education requirement of this state.	5834

(C) In addition to the information required under division	5835
(B) of this section, the application shall provide both of the	5836
following:	5837

(1) Evidence that the applicant passed a written test that	5838
meets the requirements described in ~~division (B) of~~ section	5839
1322.051 of the Revised Code;	5840

(2) Any further information that the superintendent requires.

5841

(D) Upon the filing of the application and payment of the	5842
application fee and any fee required by the nationwide mortgage	5843
licensing system and registry, the superintendent of financial	5844
institutions shall investigate the applicant as set forth in	5845
division (D) of this section.	5846

(1)(a) Notwithstanding division (K) of section 121.08 of the	5847
Revised Code, the superintendent shall obtain a criminal history	5848
records check and, as part of the records check, request that	5849
criminal record information from the federal bureau of	5850
investigation be obtained. To fulfill this requirement, the	5851
superintendent shall do either of the following:	5852

(i) Request the superintendent of the bureau of criminal	5853
identification and investigation, or a vendor approved by the	5854
bureau, to conduct a criminal records check based on the	5855
applicant's fingerprints or, if the fingerprints are unreadable,	5856
based on the applicant's social security number, in accordance	5857
with division (A)(12) of section 109.572 of the Revised Code;	5858

(ii) Authorize the nationwide mortgage licensing system and	5859
registry to request a criminal history background check.	5860

(b) Any fee required under division (C)(3) of section 109.572	5861
of the Revised Code or by the nationwide mortgage licensing system	5862
and registry shall be paid by the applicant.	5863

(2) The superintendent shall conduct a civil records check.

5864

(3) If, in order to issue a license to an applicant,	5865
additional investigation by the superintendent outside this state	5866
is necessary, the superintendent may require the applicant to	5867
advance sufficient funds to pay the actual expenses of the	5868
investigation, if it appears that these expenses will exceed one	5869
hundred fifty dollars. The superintendent shall provide the	5870
applicant with an itemized statement of the actual expenses that	5871
the applicant is required to pay.	5872

(E)(1) In connection with applying for a loan originator	5873
license, the applicant shall furnish to the nationwide mortgage	5874
licensing system and registry the following information concerning	5875
the applicant's identity:	5876

(a) The applicant's fingerprints for submission to the	5877
federal bureau of investigation, and any other governmental agency	5878
or entity authorized to receive such information, for purposes of	5879
a state, national, and international criminal history background	5880
check;	5881

(b) Personal history and experience in a form prescribed by	5882
the nationwide mortgage licensing system and registry, along with	5883
authorization for the superintendent and the nationwide mortgage	5884
licensing system and registry to obtain the following:	5885

(i) An independent credit report from a consumer reporting	5886
agency;	5887

(ii) Information related to any administrative, civil, or	5888
criminal findings by any governmental jurisdiction.	5889

(2) In order to effectuate the purposes of divisions	5890
(E)(1)(a) and (E)(1)(b)(ii) of this section, the superintendent	5891
may use the conference of state bank supervisors, or a wholly	5892
owned subsidiary, as a channeling agent for requesting information	5893
from and distributing information to the United States department	5894
of justice or any other governmental agency. The superintendent	5895
may also use the nationwide mortgage licensing system and registry	5896
as a channeling agent for requesting information from and	5897
distributing information to any source related to matters subject	5898
to those divisions of this section.	5899

(F) The superintendent shall pay all funds advanced and	5900
application and renewal fees and penalties the superintendent	5901
receives pursuant to this section and section 1322.041 of the	5902
Revised Code to the treasurer of state to the credit of the	5903
consumer finance fund created in section 1321.21 of the Revised	5904
Code.	5905

(G) If an application for a loan originator license does not	5906
contain all of the information required under this section, and if	5907
that information is not submitted to the superintendent or to the	5908
nationwide mortgage licensing system and registry within ninety	5909
days after the superintendent or the nationwide mortgage licensing	5910
system and registry requests the information in writing, including	5911
by electronic transmission or facsimile, the superintendent may	5912
consider the application withdrawn.	5913

(H)(1) The business of a loan originator shall principally be	5914
transacted at an office of the mortgage broker with whom the	5915
licensee is employed or associated, which office is registered in	5916
accordance with division (A) of section 1322.02 of the Revised	5917
Code. Each original loan originator license shall be deposited	5918
with and maintained by the mortgage broker at the mortgage	5919
broker's main office. A copy of the license shall be maintained	5920
and displayed at the office where the loan originator principally	5921
transacts business.	5922

(2) If a loan originator's employment or association is	5923
terminated for any reason, the mortgage broker shall return the	5924
original loan originator license to the superintendent within five	5925
business days after the termination. The licensee may request the	5926
transfer of the license to another mortgage broker by submitting a	5927
transfer application, along with a fifteen dollar fee and any fee	5928
required by the national mortgage licensing system and registry,	5929
to the superintendent or may request the superintendent in writing	5930
to hold the license in escrow. Any licensee whose license is held	5931
in escrow shall cease activity as a loan originator. A licensee	5932
whose license is held in escrow shall be required to apply for	5933
renewal annually and to comply with the annual continuing	5934
education requirement.	5935

(3) A mortgage broker may employ or be associated with a loan	5936
originator on a temporary basis pending the transfer of the loan	5937
originator's license to the mortgage broker, if the mortgage	5938
broker receives written confirmation from the superintendent that	5939
the loan originator is licensed under sections 1322.01 to 1322.12	5940
of the Revised Code.	5941

(4) Notwithstanding divisions (H)(1) to (3) of this section,	5942
if a licensee is employed by or associated with a person or entity	5943
listed in division (G)(2) of section 1322.01 of the Revised Code,	5944
all of the following apply:	5945

(a) The licensee shall maintain and display the original loan	5946
originator license at the office where the licensee principally	5947
transacts business;	5948

(b) If the loan originator's employment or association is	5949
terminated, the loan originator shall return the original loan	5950
originator license to the superintendent within five business days	5951
after termination. The licensee may request the transfer of the	5952
license to a mortgage broker or another person or entity listed in	5953
division (G)(2) of section 1322.01 of the Revised Code by	5954
submitting a transfer application, along with a fifteen-dollar fee	5955
and any fee required by the national mortgage licensing system and	5956
registry, to the superintendent or may request the superintendent	5957
in writing to hold the license in escrow. A licensee whose license	5958
is held in escrow shall cease activity as a loan originator. A	5959
licensee whose license is held in escrow shall be required to	5960
apply for renewal annually and to comply with the annual	5961
continuing education requirement.	5962

(c) The licensee may seek to be employed or associated with a	5963
mortgage broker or person or entity listed in division (G)(2) of	5964
section 1322.01 of the Revised Code if the mortgage broker or	5965
person or entity receives written confirmation from the	5966
superintendent that the loan originator is licensed under sections	5967
1322.01 to 1322.12 of the Revised Code.	5968

(I) The superintendent may establish relationships or enter	5969
into contracts with the nationwide mortgage licensing system and	5970
registry, or any entities designated by it, to collect and	5971
maintain records and process transaction fees or other fees	5972
related to loan originator licenses or the persons associated with	5973
a licensee.	5974

(J) A loan originator license, or the authority granted under	5975
that license, is not assignable and cannot be franchised by	5976
contract or any other means.	5977

Sec. 1322.04. (A) Upon the conclusion of the investigation	5978
required under division (B) of section 1322.03 of the Revised	5979
Code, the superintendent of financial institutions shall issue a	5980
certificate of registration to the applicant if the superintendent	5981
finds that the following conditions are met:	5982

(1) The application is accompanied by the application fee and	5983
any fee required by the nationwide mortgage licensing system and	5984
registry.	5985

(a) If a check or other draft instrument is returned to the	5986
superintendent for insufficient funds, the superintendent shall	5987
notify the applicant by certified mail, return receipt requested,	5988
that the application will be withdrawn unless the applicant,	5989
within thirty days after receipt of the notice, submits the	5990
application fee and a one-hundred-dollar penalty to the	5991
superintendent. If the applicant does not submit the application	5992
fee and penalty within that time period, or if any check or other	5993
draft instrument used to pay the fee or penalty is returned to the	5994
superintendent for insufficient funds, the application shall be	5995
withdrawn.	5996

(b) If a check or other draft instrument is returned to the	5997
superintendent for insufficient funds after the certificate of	5998
registration has been issued, the superintendent shall notify the	5999
registrant by certified mail, return receipt requested, that the	6000
certificate of registration issued in reliance on the check or	6001
other draft instrument will be canceled unless the registrant,	6002
within thirty days after receipt of the notice, submits the	6003
application fee and a one-hundred-dollar penalty to the	6004
superintendent. If the registrant does not submit the application	6005
fee and penalty within that time period, or if any check or other	6006
draft instrument used to pay the fee or penalty is returned to the	6007
superintendent for insufficient funds, the certificate of	6008
registration shall be canceled immediately without a hearing, and	6009
the registrant shall cease activity as a mortgage broker.	6010

(2) If the application is for a location that is a residence,	6011
evidence that the use of the residence to transact business as a	6012
mortgage broker is not prohibited.	6013

(3) The person designated on the application pursuant to	6014
division (A)(3) of section 1322.03 of the Revised Code meets the	6015
experience requirements provided in division (A)(4) of section	6016
1322.03 of the Revised Code and the education requirements set	6017
forth in division (A)(5) of section 1322.03 of the Revised Code.	6018

(4) The applicant maintains all necessary filings and	6019
approvals required by the secretary of state.	6020

(5) The applicant complies with the surety bond requirements	6021
of section 1322.05 of the Revised Code.	6022

(6) The applicant complies with sections 1322.01 to 1322.12	6023
of the Revised Code and the rules adopted thereunder.	6024

(7) Neither the applicant nor any person whose identity is	6025
required to be disclosed on an application for a mortgage broker	6026
certificate of registration has had a mortgage broker certificate	6027
of registration or loan originator license, or any comparable	6028
authority, revoked in any governmental jurisdiction or has pleaded	6029
guilty or nolo contendere to or been convicted of any of the	6030
following in a domestic, foreign, or military court:	6031

(a) During the seven-year period immediately preceding the	6032
date of application for the certificate of registration, a	6033
misdemeanor involving theft or any felony;	6034

(b) At any time prior to the date the application for the	6035
certificate of registration is approved, a felony involving an act	6036
of fraud, dishonesty, a breach of trust, theft, or money	6037
laundering.	6038

(8) Based on the totality of the circumstances and	6039
information submitted in the application, the applicant has proven	6040
to the superintendent, by a preponderance of the evidence, that	6041
the applicant is of good business repute, appears qualified to act	6042
as a mortgage broker, has fully complied with sections 1322.01 to	6043
1322.12 of the Revised Code and the rules adopted thereunder, and	6044
meets all of the conditions for issuing a mortgage broker	6045
certificate of registration.	6046

(9) The applicant's operations manager successfully completed	6047
the examination required ~~under division (A) of~~by section 1322.051	6048
of the Revised Code.	6049

(10) The applicant's financial responsibility, experience,	6050
character, and general fitness command the confidence of the	6051
public and warrant the belief that the business will be operated	6052
honestly and fairly in compliance with the purposes of sections	6053
1322.01 to 1322.12 of the Revised Code and the rules adopted	6054
thereunder. The superintendent shall not use a credit score as the	6055
sole basis for registration denial.	6056

(B) For purposes of determining whether an applicant that is	6057
a partnership, corporation, or other business entity or	6058
association has met the conditions set forth in divisions (A)(7),	6059
(A)(8), and (A)(10) of this section, the superintendent shall	6060
determine which partners, shareholders, or persons named in the	6061
application pursuant to division (A)(2) of section 1322.03 of the	6062
Revised Code must meet the conditions set forth in divisions	6063
(A)(7), (A)(8), and (A)(10) of this section. This determination	6064
shall be based on the extent and nature of the partner's,	6065
shareholder's, or person's ownership interest in the partnership,	6066
corporation, or other business entity or association that is the	6067
applicant and on whether the person is in a position to direct,	6068
control, or adversely influence the operations of the applicant.	6069

(C) The certificate of registration issued pursuant to	6070
division (A) of this section may be renewed annually on or before	6071
the thirty-first day of December if the superintendent finds that	6072
all of the following conditions are met:	6073

(1) The renewal application is accompanied by a nonrefundable	6074
renewal fee of five hundred dollars for each location of an office	6075
to be maintained by the applicant in accordance with division (A)	6076
of section 1322.02 of the Revised Code and any fee required by the	6077
nationwide mortgage licensing system and registry. If a check or	6078
other draft instrument is returned to the superintendent for	6079
insufficient funds, the superintendent shall notify the registrant	6080
by certified mail, return receipt requested, that the certificate	6081
of registration renewed in reliance on the check or other draft	6082
instrument will be canceled unless the registrant, within thirty	6083
days after receipt of the notice, submits the renewal fee and a	6084
one-hundred-dollar penalty to the superintendent. If the	6085
registrant does not submit the renewal fee and penalty within that	6086
time period, or if any check or other draft instrument used to pay	6087
the fee or penalty is returned to the superintendent for	6088
insufficient funds, the certificate of registration shall be	6089
canceled immediately without a hearing and the registrant shall	6090
cease activity as a mortgage broker.	6091

(2) The operations manager designated under division (A)(3)	6092
of section 1322.03 of the Revised Code has completed, at least	6093
eight hours of continuing education as required under section	6094
1322.052 of the Revised Code.	6095

(3) The applicant meets the conditions set forth in divisions	6096
(A)(2) to (10) of this section.	6097

(4) The applicant's mortgage broker certificate of	6098
registration is not subject to an order of suspension or an unpaid	6099
and past due fine imposed by the superintendent.	6100

(D)(1) Subject to division (D)(2) of this section, if a	6101
renewal fee or additional fee required by the nationwide mortgage	6102
licensing system and registry is received by the superintendent	6103
after the thirty-first day of December, the mortgage broker	6104
certificate of registration shall not be considered renewed, and	6105
the applicant shall cease activity as a mortgage broker.	6106

(2) Division (D)(1) of this section shall not apply if the	6107
applicant, no later than the thirty-first day of January, submits	6108
the renewal fee or additional fee and a one-hundred-dollar penalty	6109
to the superintendent.	6110

(E) If the person designated as the operations manager	6111
pursuant to division (A)(3) of section 1322.03 of the Revised Code	6112
is no longer the operations manager, the registrant shall do all	6113
of the following:	6114

(1) Within ninety days after the departure of the designated	6115
operations manager, designate another person as the operations	6116
manager;	6117

(2) Within ten days after the designation described in	6118
division (E)(1) of this section, notify the superintendent in	6119
writing of the designation;	6120

(3) Submit any additional information that the superintendent	6121
requires to establish that the newly designated operations manager	6122
complies with the requirements set forth in section 1322.03 of the	6123
Revised Code.	6124

(F) The registrant shall cease operations if it is without an	6125
operations manager approved by the superintendent for more than	6126
one hundred eighty days unless otherwise authorized in writing by	6127
the superintendent due to exigent circumstances.	6128

(G) Mortgage broker certificates of registration issued on or	6129
after May 1, 2010, annually expire on the thirty-first day of	6130
December.	6131

Sec. 1322.041. (A) Upon the conclusion of the investigation	6132
required under division (D) of section 1322.031 of the Revised	6133
Code, the superintendent of financial institutions shall issue a	6134
loan originator license to the applicant if the superintendent	6135
finds that the following conditions are met:	6136

(1) The application is accompanied by the application fee and	6137
any fee required by the nationwide mortgage licensing system and	6138
registry.	6139

(a) If a check or other draft instrument is returned to the	6140
superintendent for insufficient funds, the superintendent shall	6141
notify the applicant by certified mail, return receipt requested,	6142
that the application will be withdrawn unless the applicant,	6143
within thirty days after receipt of the notice, submits the	6144
application fee and a one-hundred-dollar penalty to the	6145
superintendent. If the applicant does not submit the application	6146
fee and penalty within that time period, or if any check or other	6147
draft instrument used to pay the fee or penalty is returned to the	6148
superintendent for insufficient funds, the application shall be	6149
withdrawn.	6150

(b) If a check or other draft instrument is returned to the	6151
superintendent for insufficient funds after the license has been	6152
issued, the superintendent shall notify the licensee by certified	6153
mail, return receipt requested, that the license issued in	6154
reliance on the check or other draft instrument will be canceled	6155
unless the licensee, within thirty days after receipt of the	6156
notice, submits the application fee and a one-hundred-dollar	6157
penalty to the superintendent. If the licensee does not submit the	6158
application fee and penalty within that time period, or if any	6159
check or other draft instrument used to pay the fee or penalty is	6160
returned to the superintendent for insufficient funds, the license	6161
shall be canceled immediately without a hearing, and the licensee	6162
shall cease activity as a loan originator.	6163

(2) The applicant complies with sections 1322.01 to 1322.12	6164
of the Revised Code and the rules adopted thereunder.	6165

(3) The applicant has not been convicted of or pleaded guilty	6166
or nolo contendere to any of the following in a domestic, foreign,	6167
or military court:	6168

(a) During the seven-year period immediately preceding the	6169
date of application for the license, a misdemeanor involving theft	6170
or any felony;	6171

(b) At any time prior to the date the application for the	6172
license is approved, a felony involving an act of fraud,	6173
dishonesty, a breach of trust, theft, or money laundering.	6174

(4) Based on the totality of the circumstances and	6175
information submitted in the application, the applicant has proven	6176
to the superintendent, by a preponderance of the evidence, that	6177
the applicant is of good business repute, appears qualified to act	6178
as a loan originator, has fully complied with sections 1322.01 to	6179
1322.12 of the Revised Code and the rules adopted thereunder, and	6180
meets all of the conditions for issuing a loan originator license.	6181

(5) The applicant successfully completed the written test	6182
required ~~under division (B) of~~by section 1322.051 of the Revised	6183
Code and completed the prelicensing instruction set forth in	6184
division (B) of section 1322.031 of the Revised Code.	6185

(6) The applicant's financial responsibility, character, and	6186
general fitness command the confidence of the public and warrant	6187
the belief that the business will be operated honestly and fairly	6188
in compliance with the purposes of sections 1322.01 to 1322.12 of	6189
the Revised Code. The superintendent shall not use a credit score	6190
as the sole basis for a license denial.	6191

(7) The applicant is in compliance with the surety bond	6192
requirements of section 1322.05 of the Revised Code.	6193

(8) The applicant has not had a loan originator license, or	6194
comparable authority, revoked in any governmental jurisdiction.	6195

(B) The license issued under division (A) of this section may	6196
be renewed annually on or before the thirty-first day of December	6197
if the superintendent finds that all of the following conditions	6198
are met:	6199

(1) The renewal application is accompanied by a nonrefundable	6200
renewal fee of one hundred fifty dollars and any fee required by	6201
the nationwide mortgage licensing system and registry. If a check	6202
or other draft instrument is returned to the superintendent for	6203
insufficient funds, the superintendent shall notify the licensee	6204
by certified mail, return receipt requested, that the license	6205
renewed in reliance on the check or other draft instrument will be	6206
canceled unless the licensee, within thirty days after receipt of	6207
the notice, submits the renewal fee and a one-hundred-dollar	6208
penalty to the superintendent. If the licensee does not submit the	6209
renewal fee and penalty within that time period, or if any check	6210
or other draft instrument used to pay the fee or penalty is	6211
returned to the superintendent for insufficient funds, the license	6212
shall be canceled immediately without a hearing, and the licensee	6213
shall cease activity as a loan originator.	6214

(2) The applicant has completed at least eight hours of	6215
continuing education as required under section 1322.052 of the	6216
Revised Code.	6217

(3) The applicant meets the conditions set forth in divisions	6218
(A)(2) to (8) of this section; provided, however, that an	6219
applicant who was issued a loan officer license prior to January	6220
1, 2010, and has continuously maintained that license shall not be	6221
required to meet the condition described in division (B)(1)(b) of	6222
section 1322.031 of the Revised Code.	6223

(4) The applicant's license is not subject to an order of	6224
suspension or an unpaid and past due fine imposed by the	6225
superintendent.	6226

(C)(1) Subject to division (C)(2) of this section, if a	6227
license renewal application or renewal fee, including any fee	6228
required by the nationwide mortgage licensing system and registry,	6229
is received by the superintendent after the thirty-first day of	6230
December, the license shall not be considered renewed, and the	6231
applicant shall cease activity as a loan originator.	6232

(2) Division (C)(1) of this section shall not apply if the	6233
applicant, no later than the thirty-first day of January, submits	6234
the renewal application and fees and a one-hundred-dollar penalty	6235
to the superintendent.	6236

(D) Loan originator licenses issued on or after May 1, 2010,	6237
annually expire on the thirty-first day of December.	6238

Sec. 1322.051. ~~(A)~~ Each person designated under division	6239
(A)(3) of section 1322.03 of the Revised Code to act as operations	6240
manager for a mortgage broker business ~~shall submit to a written~~	6241
~~test approved by the superintendent of financial institutions. An~~	6242
~~individual shall not be considered to have passed the written test~~	6243
~~unless the individual achieves a test score of at least~~	6244
~~seventy-five per cent correct answers to all questions.~~	6245

~~(B) Each~~and each applicant for a loan originator license	6246
shall submit to a written test that is developed and approved by	6247
the nationwide mortgage licensing system and registry and	6248
administered by a test provider approved by the nationwide	6249
mortgage licensing system and registry based on reasonable	6250
standards.	6251

~~(1)~~(A) The test shall adequately measure the designee's or	6252
applicant's knowledge and comprehension in appropriate subject	6253
areas, including ethics, federal and state law related to mortgage	6254
origination, fraud, consumer protection, and the nontraditional	6255
mortgage marketplace, and fair lending issues.	6256

~~(2)~~(B) An individual shall not be considered to have passed	6257
the written test unless the individual ~~achieves a test score of~~	6258
answers at least seventy-five per cent ~~correct answers on all~~of	6259
the questions ~~and at least seventy-five per cent correct answers~~	6260
~~on all questions relating to state mortgage lending laws and the~~	6261
~~Ohio consumer sales practices act, Chapter 1345. of the Revised~~	6262
~~Code, as it applies to registrants and licensees~~correctly.	6263

~~(3)~~(C) An individual may retake the test three consecutive	6264
times provided the period between taking the tests is at least	6265
thirty days. If an individual fails three consecutive tests, the	6266
individual shall be required to wait at least six months before	6267
taking the test again.	6268

~~(4)~~(D) If a loan originator fails to maintain a valid loan	6269
originator license for a period of five years or longer, the	6270
individual shall be required to retake the test.	6271

For this purpose, any time during which the individual is a	6272
registered loan originator shall not be taken into account.	6273

~~(C) Notwithstanding division (B) of this section, until the~~	6274
~~nationwide mortgage licensing system and registry implements a~~	6275
~~testing process that meets the criteria set forth in that~~	6276
~~division, the superintendent shall require each applicant to pass~~	6277
~~a written test acceptable to the superintendent.~~	6278

Sec. 1322.06. (A) As often as the superintendent of	6279
financial institutions considers it necessary, the superintendent	6280
may examine the registrant's or licensee's records, including all	6281
records created or processed by a licensee, pertaining to business	6282
transacted pursuant to sections 1322.01 to 1322.12 of the Revised	6283
Code.	6284

(B) A registrant or licensee shall maintain records	6285
pertaining to business transacted pursuant to sections 1322.01 to	6286
1322.12 of the Revised Code, including copies of all mortgage loan	6287
origination disclosure statements prepared in accordance with	6288
section 1322.062 of the Revised Code, for four years. For purposes	6289
of this division, "registrant or licensee" includes any person	6290
whose certificate of registration or license is cancelled,	6291
surrendered, or revoked or who otherwise ceases to engage in	6292
business as a mortgage broker or loan originator.	6293

No registrant or licensee shall fail to comply with this	6294
division.	6295

(C) Each registrant and licensee shall submit to the	6296
nationwide mortgage licensing system and registry call reports or	6297
other reports of condition, which reports shall be in such form	6298
and shall contain such information as the nationwide mortgage	6299
licensing system and registry may require.	6300

(D)(1) As required by the superintendent, each registrant	6301
shall file with the division of financial institutions an annual	6302
report under oath or affirmation, on forms supplied by the	6303
division, concerning the business and operations of the registrant	6304
for the preceding calendar year. If a registrant operates two or	6305
more registered offices, or two or more affiliated registrants	6306
operate registered offices, a composite report of the group of	6307
registered offices may be filed in lieu of individual reports. For	6308
purposes of compliance with this requirement, the superintendent	6309
may accept call reports or other reports of condition submitted to	6310
the nationwide mortgage licensing system and registry in lieu of	6311
the annual report.	6312

(2) The ~~division~~superintendent shall publish annually an	6313
analysis of the information required under division (D)(1) of this	6314
section, but the individual reports, whether filed with the	6315
superintendent or the nationwide mortgage licensing system and	6316
registry, shall not be public records and shall not be open to	6317
public inspection or otherwise be subject to section 149.43 of the	6318
Revised Code.	6319

Sec. 1322.11. (A)(1) A buyer injured by a violation of	6320
section 1322.02, 1322.062, ~~1322.063,~~ 1322.064, 1322.07, 1322.071,	6321
1322.08, or 1322.09 of the Revised Code may bring an action for	6322
recovery of damages.	6323

(2) Damages awarded under division (A)(1) of this section	6324
shall not be less than all compensation paid directly and	6325
indirectly to a mortgage broker or loan originator from any	6326
source, plus reasonable attorney's fees and court costs.	6327

(3) The buyer may be awarded punitive damages.

6328

(B)(1) The superintendent of financial institutions or a	6329
buyer may directly bring an action to enjoin a violation of	6330
sections 1322.01 to 1322.12 of the Revised Code. The attorney	6331
general may directly bring an action to enjoin a violation of	6332
sections 1322.01 to 1322.12 of the Revised Code with the same	6333
rights, privileges, and powers as those described in section	6334
1345.06 of the Revised Code. The prosecuting attorney of the	6335
county in which the action may be brought may bring an action to	6336
enjoin a violation of sections 1322.01 to 1322.12 of the Revised	6337
Code only if the prosecuting attorney first presents any evidence	6338
of the violation to the attorney general and, within a reasonable	6339
period of time, the attorney general has not agreed to bring the	6340
action.	6341

(2) The superintendent may initiate criminal proceedings	6342
under sections 1322.01 to 1322.12 of the Revised Code by	6343
presenting any evidence of criminal violation to the prosecuting	6344
attorney of the county in which the offense may be prosecuted. If	6345
the prosecuting attorney does not prosecute the violations, or at	6346
the request of the prosecuting attorney, the superintendent shall	6347
present any evidence of criminal violations to the attorney	6348
general, who may proceed in the prosecution with all the rights,	6349
privileges, and powers conferred by law on prosecuting attorneys,	6350
including the power to appear before grand juries and to	6351
interrogate witnesses before such grand juries. These powers of	6352
the attorney general shall be in addition to any other applicable	6353
powers of the attorney general.	6354

(3) The prosecuting attorney of the county in which an	6355
alleged offense may be prosecuted may initiate criminal	6356
proceedings under sections 1322.01 to 1322.12 of the Revised Code.	6357

(4) In order to initiate criminal proceedings under sections	6358
1322.01 to 1322.12 of the Revised Code, the attorney general shall	6359
first present any evidence of criminal violations to the	6360
prosecuting attorney of the county in which the alleged offense	6361
may be prosecuted. If, within a reasonable period of time, the	6362
prosecuting attorney has not agreed to prosecute the violations,	6363
the attorney general may proceed in the prosecution with all the	6364
rights, privileges, and powers described in division (B)(2) of	6365
this section.	6366

(5) When a judgment under this section becomes final, the	6367
clerk of court shall mail a copy of the judgment, including	6368
supporting opinions, to the superintendent.	6369

(C) The remedies provided by this section are in addition to	6370
any other remedy provided by law.	6371

(D) In any proceeding or action brought under sections	6372
1322.01 to 1322.12 of the Revised Code, the burden of proving an	6373
exemption under those sections is on the person claiming the	6374
benefit of the exemption.	6375

(E) No person shall be deemed to violate sections 1322.01 to	6376
1322.12 of the Revised Code with respect to any act taken or	6377
omission made in reliance on a written notice, written	6378
interpretation, or written report from the superintendent, unless	6379
there is a subsequent amendment to those sections, or rules	6380
promulgated thereunder, that affects the superintendent's notice,	6381
interpretation, or report.	6382

(F) Upon disbursement of mortgage loan proceeds to or on	6383
behalf of the buyer, the registrant that assisted the buyer to	6384
obtain the mortgage loan is deemed to have completed the	6385
performance of the registrant's services for the buyer and owes no	6386
additional duties or obligations to the buyer with respect to the	6387
mortgage loan. However, nothing in this division shall be	6388
construed to limit or preclude the civil or criminal liability of	6389
a registrant for failing to comply with sections 1322.01 to	6390
1322.12 of the Revised Code or any rule adopted under those	6391
sections, for failing to comply with any provision of or duty	6392
arising under an agreement with a buyer or lender under sections	6393
1322.01 to 1322.12 of the Revised Code, or for violating any other	6394
provision of state or federal law.	6395

(G) A buyer injured by a violation of any of the sections	6396
specified in division (A)(1) of this section is precluded from	6397
recovering any damages, plus reasonable attorney's fees and costs,	6398
if the buyer has also recovered any damages in a cause of action	6399
initiated under section 1322.081 of the Revised Code and the	6400
recovery of damages for a violation of any of the sections	6401
specified in division (A)(1) of this section is based on the same	6402
acts or circumstances as the basis for recovery of damages in	6403
section 1322.081 of the Revised Code.	6404

Sec. 1345.06. (A) If, by ~~his~~the attorney general's own	6405
inquiries or as a result of complaints, the attorney general has	6406
reasonable cause to believe that a person has engaged or is	6407
engaging in an act or practice that violates Chapter 1345. of the	6408
Revised Code, he may investigate.	6409

(B) For this purpose, the attorney general may administer	6410
oaths, subpoena witnesses, adduce evidence, and require the	6411
production of relevant matter.	6412

If matter that the attorney general requires to be produced	6413
is located outside the state, hethe attorney general may	6414
designate representatives, including officials of the state in	6415
which the matter is located, to inspect the matter on ~~his~~the	6416
attorney general's behalf, and hethe attorney general may respond	6417
to similar requests from officials of other states. The person	6418
subpoenaed may make the matter available to the attorney general	6419
at a convenient location within the state or pay the reasonable	6420
and necessary expenses for the attorney general or ~~his~~the	6421
attorney general's representative to examine the matter at the	6422
place where it is located, provided that expenses shall not be	6423
charged to a party not subsequently found to have engaged in an	6424
act or practice violative of Chapter 1345. of the Revised Code.	6425

(C) Within twenty days after a subpoena has been served, a	6426
person subpoenaed under this section may file a motion to extend	6427
the return day, or to modify or quash the subpoena, stating good	6428
cause, ~~may be filed~~ in the court of common pleas of Franklin	6429
county or ~~the~~any other county in ~~which the person served resides~~	6430
~~or has his principal place of business~~this state.	6431

(D) A person subpoenaed under this section shall comply with	6432
the terms of the subpoena, unless the parties agree to modify the	6433
terms of the subpoena or unless the court has modified or quashed	6434
the subpoena, extended the return day of the subpoena, or issued	6435
any other order with respect to the subpoena prior to its return	6436
day.	6437

If a person fails without lawful excuse to obey a subpoena or	6438
to produce relevant matter, the attorney general may apply to the	6439
court of common pleas of ~~the~~Franklin county or any other county	6440
in ~~which the person subpoenaed resides or has his principal place~~	6441
~~of business~~this state for an order compelling compliance.	6442

(E) The attorney general may request that an individual who	6443
refuses to testify or to produce relevant matter on the ground	6444
that the testimony or matter may incriminate ~~him~~the individual be	6445
ordered by the court to provide the testimony or matter. With the	6446
exception of a prosecution for perjury and an action for damages	6447
under section 1345.07 or 1345.09 of the Revised Code, an	6448
individual who complies with a court order to provide testimony or	6449
matter, after asserting a privilege against self-incrimination to	6450
which hethe individual is entitled by law, shall not be subjected	6451
to a criminal proceeding or to a civil penalty or forfeiture on	6452
the basis of the testimony or matter required to be disclosed or	6453
testimony or matter discovered through that testimony or matter.	6454

(F) The attorney general may:

6455

(1) During an investigation under this section, afford, in a	6456
manner considered appropriate to ~~him~~to the attorney general, a	6457
supplier an opportunity to cease and desist from any suspected	6458
violation. HeThe attorney general may suspend ~~his~~such an	6459
investigation during the time period that hethe attorney general	6460
permits the supplier to cease and desist; however, the suspension	6461
of the investigation or the affording of an opportunity to cease	6462
and desist shall not prejudice or prohibit any further	6463
investigation by the attorney general under this section.	6464

(2) Terminate an investigation under this section upon	6465
acceptance of a written assurance of voluntary compliance from a	6466
supplier who is suspected of a violation of this chapter.	6467

Acceptance of an assurance may be conditioned upon an	6468
undertaking to reimburse or to take other appropriate corrective	6469
action with respect to identifiable consumers damaged by an	6470
alleged violation of this chapter. An assurance of compliance	6471
given by a supplier is not evidence of violation of this chapter.	6472
The attorney general may, at any time, reopen an investigation	6473
terminated by the acceptance of an assurance of voluntary	6474
compliance, if hethe attorney general believes that further	6475
proceedings are in the public interest. Evidence of a violation of	6476
an assurance of voluntary compliance is prima-facie evidence of an	6477
act or practice in violation of this chapter, if presented after	6478
the violation in an action brought under this chapter. An	6479
assurance of voluntary compliance may be filed with the court and	6480
if approved by the court, entered as a consent judgment.	6481

(G) The procedures available to the attorney general under	6482
this section are cumulative and concurrent, and the exercise of	6483
one procedure by the attorney general does not preclude or require	6484
the exercise of any other procedure.	6485

Sec. 1541.50. (A) There is hereby created the state	6486
recreational vehicle fund advisory board consisting of seven	6487
members. Not later than sixty days after the effective date of	6488
this section, the director of natural resources shall appoint all	6489
of the following members to the board:	6490

(1) Two members who shall represent snowmobile users;

6491

(2) Two members who shall represent all-purpose vehicle	6492
users;	6493

(3) Two members who shall represent off-highway motorcycle	6494
users;	6495

(4) One member who shall represent power sport dealers.

6496

Of the initial appointments to the board, two shall serve for	6497
a one-year term, two shall serve for a two-year term, and three	6498
shall serve for a three-year term. Thereafter, terms of office	6499
shall be for three years, with each term ending on the same day of	6500
the same month as did the term that it succeeds. Each member shall	6501
hold office from the date of appointment until the end of the term	6502
for which the member was appointed.	6503

(B) After the initial appointments, the director of natural	6504
resources shall appoint members of the board in consultation with	6505
the following:	6506

(1) A list of candidates provided by a recognized statewide	6507
organization representing snowmobile users if the member being	6508
appointed will replace a member who represents snowmobile users;	6509

(2) A list of candidates provided by a recognized statewide	6510
organization representing all-purpose vehicle users if the member	6511
being appointed will replace a member who represents all-purpose	6512
vehicle users;	6513

(3) A list of candidates provided by a recognized statewide	6514
organization representing off-highway motorcycle users if the	6515
member being appointed will replace a member who represents	6516
off-highway motorcycle users;	6517

(4) A list of candidates provided by a recognized statewide	6518
organization representing power sport dealers if the member being	6519
appointed will replace a member who represents power sport	6520
dealers.	6521

Two weeks prior to the expiration of a member's term of	6522
office, or as soon as possible prior to or after a vacancy on the	6523
board, an applicable organization shall submit a list of	6524
candidates for the position.	6525

(C) Members may be reappointed. Any member appointed to fill	6526
a vacancy occurring prior to the expiration date of the term for	6527
which the member was appointed shall serve for the remainder of	6528
that term. A member shall continue to serve subsequent to the	6529
expiration date of the member's term until the member's successor	6530
takes office or until a period of sixty days has elapsed,	6531
whichever occurs first.	6532

(D) Serving as a member of the board does not constitute	6533
holding a public office or position of employment under the laws	6534
of this state and does not constitute grounds for removal of	6535
public officers or employees from their offices or positions of	6536
employment.	6537

(E) A board member shall be reimbursed for actual and	6538
necessary expenses incurred in the discharge of duties as a board	6539
member.	6540

(F) The state recreational vehicle fund advisory board shall	6541
provide advice to the department of natural resources regarding	6542
the use of state recreational vehicle fund money. The board also	6543
shall study the feasibility of establishing a grant program to	6544
fund recreational vehicle projects on both public and private	6545
lands. Not later than one year after the effective date of this	6546
section, the board shall issue a report of its findings and	6547
recommendations to the director of natural resources, the	6548
president and minority leader of the senate, the speaker and	6549
minority leader of the house of representatives, and the	6550
chairperson and the ranking minority member of the committee of	6551
the house of representatives and the committee of the senate with	6552
primary responsibility over issues related to natural resources.	6553

Sec. 1711.50. As used in sections 1711.50 to 1711.57 of the	6554
Revised Code:	6555

(A) "Amusement ride" means any mechanical, aquatic, or	6556
inflatable device, or combination of those devices that carries or	6557
conveys passengers on, along, around, over, or through a fixed or	6558
restricted course or within a defined area for the purpose of	6559
providing amusement, pleasure, or excitement. "Amusement ride"	6560
includes carnival rides, bungee jumping facilities, and fair	6561
rides, but does not include passenger tramways as defined in	6562
section 4169.01 of the Revised Code or amusement rides operated	6563
solely at trade shows for a limited period of time. For purposes	6564
of this division ~~(A) of this section~~, "trade show" means a place	6565
of exhibition not open to the general public where amusement ride	6566
manufacturers display, promote, operate, and sell amusement rides	6567
to prospective purchasers.	6568

(B) "Temporary amusement ride" means an amusement ride that	6569
is relocated at least once per year with or without disassembly.	6570

(C) "Permanent amusement ride" means an amusement ride that	6571
is erected to remain a lasting part of the premises.	6572

(D) "Owner" means any person who owns or leases and controls	6573
or manages the operation of an amusement ride, and includes	6574
individuals, partnerships, corporations, both profit and	6575
nonprofit, and the state and any of its political subdivisions and	6576
their departments or agencies.	6577

(E) "Operation" means the use or operation, or both, of an	6578
amusement ride with riders.	6579

(F) "Rider" means any person who sits, stands, or is	6580
otherwise conveyed or carried as a passenger on an amusement ride,	6581
but does not include employees or agents of the owner of the	6582
amusement ride.	6583

(G) "Amusement ride operator" means any person causing the	6584
amusement ride to go, stop, or perform its function.	6585

(H) "Reassembly" means the installation, erection, or	6586
reconstruction of the main mechanical, safety, electrical, or	6587
electronic components of an amusement ride following	6588
transportation or storage and prior to operation. Replacement of	6589
mechanical, safety, electrical, or electronic components of an	6590
amusement ride for the purpose of repair or maintenance is not	6591
reassembly.	6592

(I) "Repair" means to restore an amusement ride to a	6593
condition equal to or better than original design specifications.	6594

(J) "Maintenance" means the preservation and upkeep of an	6595
amusement ride for the purpose of maintaining its designed	6596
operational capability.	6597

(K) "Inspection" means a physical examination of an amusement	6598
ride by an inspector for the purpose of approving the application	6599
for a permit. "Inspection" includes a reinspection.	6600

(L) "Accident" means an occurrence during the operation of an	6601
amusement ride ~~which~~that results in death or injury requiring	6602
immediate hospital admission.	6603

(M) "Serious injury" means an injury that does not require	6604
immediate hospital admission but does require medical treatment,	6605
other than first aid, by a physician.	6606

(N) "First aid" means the one-time treatment or subsequent	6607
observation of scratches, cuts not requiring stitches, burns,	6608
splinters, and contusions or a diagnostic procedure, including	6609
examinations and x-rays, ~~which~~that does not ordinarily require	6610
medical treatment even though provided by a physician or other	6611
licensed professional personnel.	6612

(O) "Advisory council" means the advisory council on	6613
amusement ride safety created by section 1711.51 of the Revised	6614
Code.	6615

(P) "Safe operation" means, except as provided in section	6616
1711.57 of the Revised Code, the practical application of	6617
maintenance, inspection, and operational processes, as indicated	6618
by the manufacturer, owner, or advisory council, that secures a	6619
rider from threat of physical danger, harm, or loss.	6620

(Q) "Private facility" means any facility that is accessible	6621
only to members of the facility and not accessible to the general	6622
public, even upon payment of a fee or charge, and that requires	6623
approval for membership by a membership committee representing the	6624
current members who have a policy requiring monetary payment to	6625
belong to the facility.	6626

(R) "Bungee jumping" means a fall or jump from a height by an	6627
individual who is attached to an elastic cord that prevents the	6628
individual from hitting the ground, water, or other solid,	6629
semi-solid, liquid, or elastic surface.	6630

(S) "Bungee jumping facility" means a device or structure	6631
utilized for bungee jumping.	6632

(T) "Kiddie ride" means an amusement ride designed for use by	6633
children under thirteen years of age who are unaccompanied by	6634
another person. "Kiddie ride" includes a roller coaster that is	6635
not more than forty feet in elevation at any point on the ride.	6636

Sec. 1711.53. (A)(1) No person shall operate an amusement	6637
ride within the state without a permit issued by the director of	6638
agriculture under division (A)(2) of this section. The owner of an	6639
amusement ride, whether the ride is a temporary amusement ride or	6640
a permanent amusement ride, who desires to operate the amusement	6641
ride within the state shall, prior to the operation of the	6642
amusement ride and annually thereafter, submit to the department	6643
of agriculture an application for a permit, together with the	6644
appropriate permit and inspection fee, on a form to be furnished	6645
by the department. Prior to issuing any permit the department	6646
shall, within thirty days after the date on which it receives the	6647
application, inspect each amusement ride described in the	6648
application. The owner of an amusement ride shall have the	6649
amusement ride ready for inspection not later than two hours after	6650
the time that is requested by the person for the inspection.	6651

(2) For each amusement ride found to comply with the rules	6652
adopted by the director under division (B) of this section and	6653
division (B) of section 1711.551 of the Revised Code, the director	6654
shall issue an annual permit, provided that evidence of liability	6655
insurance coverage for the amusement ride as required by section	6656
1711.54 of the Revised Code is on file with the department.	6657

(3) The director shall issue with each permit a decal	6658
indicating that the amusement ride has been issued the permit. The	6659
owner of the amusement ride shall affix the decal on the ride at a	6660
location where the decal is easily visible to the patrons of the	6661
ride. A copy of the permit shall be kept on file at the same	6662
address as the location of the amusement ride identified on the	6663
permit, and shall be made available for inspection, upon	6664
reasonable demand, by any person. An owner may operate an	6665
amusement ride prior to obtaining a permit, provided that the	6666
operation is for the purpose of testing the amusement ride or	6667
training amusement ride operators and other employees of the owner	6668
and the amusement ride is not open to the public.	6669

(B) The director, in accordance with Chapter 119. of the	6670
Revised Code, shall adopt rules providing for a schedule of fines,	6671
with no fine exceeding five thousand dollars, for violations of	6672
sections 1711.50 to 1711.57 of the Revised Code or any rules	6673
adopted under this division and for the classification of	6674
amusement rides and rules for the safe operation and inspection of	6675
all amusement rides as are necessary for amusement ride safety and	6676
for the protection of the general public. Rules adopted by the	6677
director for the safe operation and inspection of amusement rides	6678
shall be reasonable and based upon generally accepted engineering	6679
standards and practices. In adopting rules under this section, the	6680
director may adopt by reference, in whole or in part, the national	6681
fire code or the national electrical code (NEC) prepared by the	6682
national fire protection association, the standards of the	6683
American society for testing and materials (ASTM) or the American	6684
national standards institute (ANSI), or any other principles,	6685
tests, or standards of nationally recognized technical or	6686
scientific authorities. Insofar as is practicable and consistent	6687
with sections 1711.50 to 1711.57 of the Revised Code, rules	6688
adopted under this division shall be consistent with the rules of	6689
other states. The department shall cause sections 1711.50 to	6690
1711.57 of the Revised Code and the rules adopted in accordance	6691
with this division and division (B) of section 1711.551 of the	6692
Revised Code to be published in pamphlet form and a copy to be	6693
furnished without charge to each owner of an amusement ride who	6694
holds a current permit or is an applicant therefor.	6695

(C) With respect to an application for a permit for an	6696
amusement ride, an owner may apply to the director for a waiver or	6697
modification of any rule adopted under division (B) of this	6698
section if there are practical difficulties or unnecessary	6699
hardships for the amusement ride to comply with the rules. Any	6700
application shall set forth the reasons for the request. The	6701
director, with the approval of the advisory council on amusement	6702
ride safety, may waive or modify the application of a rule to any	6703
amusement ride if the public safety is secure. Any authorization	6704
by the director under this division shall be in writing and shall	6705
set forth the conditions under which the waiver or modification is	6706
authorized, and the department shall retain separate records of	6707
all proceedings under this division.	6708

(D)(1) The director shall employ and provide for training of	6709
a chief inspector and additional inspectors and employees as may	6710
be necessary to administer and enforce sections 1711.50 to 1711.57	6711
of the Revised Code. The director may appoint or contract with	6712
other persons to perform inspections of amusement rides, provided	6713
that the persons meet the qualifications for inspectors	6714
established by rules adopted under division (B) of this section	6715
and are not owners, or employees of owners, of any amusement ride	6716
subject to inspection under sections 1711.50 to 1711.57 of the	6717
Revised Code. No person shall inspect an amusement ride who,	6718
within six months prior to the date of inspection, was an employee	6719
of the owner of the ride.	6720

(2) Before the director contracts with other persons to	6721
inspect amusement rides, the director shall seek the advice of the	6722
advisory council on amusement ride safety on whether to contract	6723
with those persons. The advice shall not be binding upon the	6724
director. After having received the advice of the council, the	6725
director may proceed to contract with inspectors in accordance	6726
with the procedures specified in division (E)(2) of section	6727
1711.11 of the Revised Code.	6728

(3) With the advice and consent of the advisory council on	6729
amusement ride safety, the director may employ a special	6730
consultant to conduct an independent investigation of an amusement	6731
ride accident. This consultant need not be in the civil service of	6732
the state, but shall have qualifications to conduct the	6733
investigation acceptable to the council.	6734

(E)(1) Except as otherwise provided in division (E)(1) of	6735
this section, the department shall charge the following amusement	6736
ride fees:	6737

Permit		$	150	6738
Annual inspection and reinspection per ride:				6739
	Kiddie rides	$	100	6740
	Roller coaster	$	~~950~~ 1,200	6741
	Aerial lifts or bungee jumping facilities	$	450	6742
	Go karts, per kart	$	5	6743
	Inflatable rides, kiddie and adult	$	105	6744
	Other rides	$	160	6745
Midseason operational inspection per ride		$	25	6746
Expedited inspection per ride		$	100	6747
Failure to cancel scheduled inspection per ride		$	100	6748
Failure to have amusement ride ready for inspection				6749
per ride		$	100	6750

The go kart inspection fee is in addition to the inspection	6751
fee for the go kart track.	6752

The fees for an expedited inspection, failure to cancel a	6753
scheduled inspection, and failure to have an amusement ride ready	6754
for inspection do not apply to go karts.	6755

As used in division (E)(1) of this section, "expedited	6756
inspection" means an inspection of an amusement ride by the	6757
department not later than ten days after the owner of the	6758
amusement ride files an application for a permit under this	6759
section.	6760

(2) All fees and fines collected by the department under	6761
sections 1711.50 to 1711.57 of the Revised Code shall be deposited	6762
in the state treasury to the credit of the amusement ride	6763
inspection fund, which is hereby created, and shall be used only	6764
for the purpose of administering and enforcing sections 1711.11	6765
and 1711.50 to 1711.57 of the Revised Code.	6766

(3) The owner of an amusement ride shall be required to pay a	6767
reinspection fee only if the reinspection was conducted at the	6768
owner's request under division (F) of this section, if the	6769
reinspection is required by division (F) of this section because	6770
of an accident, or if the reinspection is required by division (F)	6771
of section 1711.55 of the Revised Code. If a reinspection is	6772
conducted at the request of the chief officer of a fair, festival,	6773
or event where the ride is operating, the reinspection fee shall	6774
be charged to the fair, festival, or event.	6775

(4) The rules adopted under division (B) of this section	6776
shall define ~~"kiddie rides,"~~ "roller coaster," "aerial lifts," "go	6777
karts," and "other rides" for purposes of determining the fees	6778
under division (E) of this section. The rules shall define "other	6779
rides" to include go kart tracks.	6780

(F) A reinspection of an amusement ride shall take place if	6781
an accident occurs, if the owner of the ride or the chief officer	6782
of the fair, festival, or event where the ride is operating	6783
requests a reinspection, or if the reinspection is required by	6784
division (F) of section 1711.55 of the Revised Code.	6785

(G) As a supplement to its annual inspection of a temporary	6786
amusement ride, the department may inspect the ride during each	6787
scheduled event, as listed in the schedule of events provided to	6788
the department by the owner pursuant to division (C) of section	6789
1711.55 of the Revised Code, at which the ride is operated in this	6790
state. These supplemental inspections are in addition to any other	6791
inspection or reinspection of the ride as may be required under	6792
sections 1711.50 to 1711.57 of the Revised Code, and the owner of	6793
the temporary amusement ride is not required to pay an inspection	6794
or reinspection fee for this supplemental inspection. Nothing in	6795
this division shall be construed to prohibit the owner of a	6796
temporary amusement ride having a valid permit to operate in this	6797
state from operating the ride at a scheduled event before the	6798
department conducts a supplemental inspection.	6799

(H) The department may annually conduct a midseason	6800
operational inspection of every amusement ride upon which it	6801
conducts an annual inspection pursuant to division (A) of this	6802
section. The midseason operational inspection is in addition to	6803
any other inspection or reinspection of the amusement ride as may	6804
be required pursuant to sections 1711.50 to 1711.57 of the Revised	6805
Code. The owner of an amusement ride shall submit to the	6806
department, at the time determined by the department, the	6807
midseason operational inspection fee specified in division (E) of	6808
this section. The director, in accordance with Chapter 119. of the	6809
Revised Code, shall adopt rules specifying the time period during	6810
which the department will conduct midseason operational	6811
inspections.	6812

Sec. 1724.10. (A) A community improvement corporation may be	6813
designated:	6814

(1) By a county, one or more townships, one or more municipal	6815
corporations, two or more adjoining counties, or any combination	6816
of the foregoing as the agency of each such political subdivision	6817
for the industrial, commercial, distribution, and research	6818
development in such political subdivision when the legislative	6819
authority of such political subdivision has determined that the	6820
policy of the political subdivision is to promote the health,	6821
safety, morals, and general welfare of its inhabitants through the	6822
designation of a community improvement corporation as such agency;	6823

(2) Solely by a county as the agency for the reclamation,	6824
rehabilitation, and reutilization of vacant, abandoned,	6825
tax-foreclosed, or other real property in the county;	6826

(3) By any political subdivision as the agency for the	6827
reclamation, rehabilitation, and reutilization of vacant,	6828
abandoned, tax-foreclosed, or other real property within the	6829
political subdivision if the subdivision enters into an agreement	6830
with the community improvement corporation that is the agency of a	6831
county, under division (A)(2) of this section, designating the	6832
corporation as the agency of the political subdivision.	6833

(B) Designations under this section shall be made by the	6834
legislative authority of the political subdivision by resolution	6835
or ordinance. Any political subdivision which has designated a	6836
community improvement corporation as such agency under this	6837
section may enter into an agreement with it to provide any one or	6838
more of the following:	6839

(1) That the community improvement corporation shall prepare	6840
a plan for the political subdivision of industrial, commercial,	6841
distribution, and research development, or of reclamation,	6842
rehabilitation, and reutilization of vacant, abandoned,	6843
tax-foreclosed, or other real property, and such plan shall	6844
provide therein the extent to which the community improvement	6845
corporation shall participate as the agency of the political	6846
subdivision in carrying out such plan. Such plan shall be	6847
confirmed by the legislative authority of the political	6848
subdivision. A community improvement corporation may insure	6849
mortgage payments required by a first mortgage on any industrial,	6850
economic, commercial, or civic property for which funds have been	6851
loaned by any person, corporation, bank, or financial or lending	6852
institution upon such terms and conditions as the community	6853
improvement corporation may prescribe. A community improvement	6854
corporation may incur debt, mortgage its property acquired under	6855
this section or otherwise, and issue its obligations, for the	6856
purpose of acquiring, constructing, improving, and equipping	6857
buildings, structures, and other properties, and acquiring sites	6858
therefor, for lease or sale by the community improvement	6859
corporation in order to carry out its participation in such plan.	6860
Except as provided for in division (C) of section 307.78 of the	6861
Revised Code, any such debt shall be solely that of the	6862
corporation and shall not be secured by the pledge of any moneys	6863
received or to be received from any political subdivision. All	6864
revenue bonds issued under sections 1724.02 and 1724.10 of the	6865
Revised Code are lawful investments of banks, savings and loan	6866
associations, deposit guarantee associations, trust companies,	6867
trustees, fiduciaries, trustees or other officers having charge of	6868
sinking or bond retirement funds of municipal corporations and	6869
other subdivisions of the state, and of domestic insurance	6870
companies notwithstanding sections 3907.14 and 3925.08 of the	6871
Revised Code. Not less than two-fifths of the governing board of	6872
any economic development corporation designated as the agency of	6873
one or more political subdivisions shall be composed of mayors,	6874
members of municipal legislative authorities, members of boards of	6875
township trustees, members of boards of county commissioners, or	6876
any other appointed or elected officers of such political	6877
subdivisions, provided that at least one officer from each	6878
political subdivision shall be a member of the governing board.	6879
Membership on the governing board of a community improvement	6880
corporation does not constitute the holding of a public office or	6881
employment within the meaning of sections 731.02 and 731.12 of the	6882
Revised Code or any other section of the Revised Code. The board	6883
of directors of a county land reutilization corporation shall be	6884
composed of the members set forth in section 1724.03 of the	6885
Revised Code. Membership on such governing boards shall not	6886
constitute an interest, either direct or indirect, in a contract	6887
or expenditure of money by any municipal corporation, township,	6888
county, or other political subdivision. No member of such	6889
governing boards shall be disqualified from holding any public	6890
office or employment, nor shall such member forfeit any such	6891
office or employment, by reason of membership on the governing	6892
board of a community improvement corporation notwithstanding any	6893
law to the contrary.	6894

Actions taken under this section shall be in accordance with	6895
any applicable planning or zoning regulations.	6896

Any agreement entered into under this section may be amended	6897
or supplemented from time to time by the parties thereto.	6898

An economic development corporation designated as the agency	6899
of a political subdivision under this section shall promote and	6900
encourage the establishment and growth in such subdivision of	6901
industrial, commercial, distribution, and research facilities. A	6902
county land reutilization corporation designated as the agency of	6903
a political subdivision in an agreement between a political	6904
subdivision and a corporation shall promote the reclamation,	6905
rehabilitation, and reutilization of vacant, abandoned,	6906
tax-foreclosed, or other real property in the subdivision.	6907

(2) Authorization for the community improvement corporation	6908
to sell or to lease any ~~lands~~real property or interests in ~~lands~~	6909
real property owned by the political subdivision determined from	6910
time to time by the legislative authority thereof not to be	6911
required by such political subdivision for its purposes, for uses	6912
determined by the legislative authority as those that will promote	6913
the welfare of the people of the political subdivision, stabilize	6914
the economy, provide employment, assist in the development of	6915
industrial, commercial, distribution, and research activities to	6916
the benefit of the people of the political subdivision, will	6917
provide additional opportunities for their gainful employment, or	6918
will promote the reclamation, rehabilitation, and reutilization of	6919
vacant, abandoned, tax-foreclosed, or other real property within	6920
the subdivision. The legislative authority shall specify the	6921
consideration for such sale or lease and any other terms thereof.	6922
Any determinations made by the legislative authority under this	6923
division shall be conclusive. The community improvement	6924
corporation acting through its officers and on behalf and as agent	6925
of the political subdivision shall execute the necessary	6926
instruments, including deeds conveying the title of the political	6927
subdivision or leases, to accomplish such sale or lease. Such	6928
conveyance or lease shall be made without advertising and receipt	6929
of bids. A copy of such agreement shall be recorded in the office	6930
of the county recorder of any county in which ~~lands~~real property	6931
or interests in ~~lands~~real property to be sold or leased are	6932
situated prior to the recording of a deed or lease executed	6933
pursuant to such agreement. The county recorder shall not charge a	6934
county land reutilization corporation a fee as otherwise provided	6935
in section 317.32 of the Revised Code for the recording, indexing,	6936
or making of a certified copy or for the filing of any instrument	6937
by a county land reutilization corporation consistent with its	6938
public purposes.	6939

(3) That the political subdivision executing the agreement	6940
will convey to the community improvement corporation ~~lands~~real	6941
property and interests in ~~lands~~real property owned by the	6942
political subdivision and determined by the legislative authority	6943
thereof not to be required by the political subdivision for its	6944
purposes and that such conveyance of such ~~land~~real property or	6945
interests in ~~land~~real property will promote the welfare of the	6946
people of the political subdivision, stabilize the economy,	6947
provide employment, assist in the development of industrial,	6948
commercial, distribution, and research activities to the benefit	6949
of the people of the political subdivision, provide additional	6950
opportunities for their gainful employment or will promote the	6951
reclamation, rehabilitation, and reutilization of vacant,	6952
abandoned, tax-foreclosed, or other real property in the	6953
subdivision, for the consideration and upon the terms established	6954
in the agreement, and further that as the agency for development	6955
or land reutilization the community improvement corporation may	6956
acquire from others additional ~~lands~~real property or interests in	6957
~~lands~~real property, and any ~~lands~~real property or interests in	6958
~~land~~real property so conveyed by it for uses that will promote	6959
the welfare of the people of the political subdivision, stabilize	6960
the economy, provide employment, assist in the development of	6961
industrial, commercial, distribution, and research activities	6962
required for the people of the political subdivision and for their	6963
gainful employment or will promote the reclamation,	6964
rehabilitation, and reutilization of vacant, abandoned,	6965
tax-foreclosed, or other real property in the subdivision. Any	6966
conveyance or lease by the political subdivision to the community	6967
improvement corporation shall be made without advertising and	6968
receipt of bids. If any ~~lands~~real property or interests in ~~land~~	6969
real property conveyed by a political subdivision under this	6970
division are sold by the community improvement corporation at a	6971
price in excess of the consideration received by the political	6972
subdivision from the community improvement corporation, such	6973
excess shall be paid to such political subdivision after	6974
deducting, to the extent and in the manner provided in the	6975
agreement, the costs of such acquisition and sale, taxes,	6976
assessments, costs of maintenance, costs of improvements to the	6977
~~land~~real property by the community improvement corporation,	6978
service fees, and any debt service charges of the corporation	6979
attributable to such ~~land~~real property or interests.	6980

Sec. 1901.08. The number of, and the time for election of,	6981
judges of the following municipal courts and the beginning of	6982
their terms shall be as follows:	6983

In the Akron municipal court, two full-time judges shall be	6984
elected in 1951, two full-time judges shall be elected in 1953,	6985
one full-time judge shall be elected in 1967, and one full-time	6986
judge shall be elected in 1975.	6987

In the Alliance municipal court, one full-time judge shall be	6988
elected in 1953.	6989

In the Ashland municipal court, one full-time judge shall be	6990
elected in 1951.	6991

In the Ashtabula municipal court, one full-time judge shall	6992
be elected in 1953.	6993

In the Athens county municipal court, one full-time judge	6994
shall be elected in 1967.	6995

In the Auglaize county municipal court, one full-time judge	6996
shall be elected in 1975.	6997

In the Avon Lake municipal court, one ~~part-time~~full-time	6998
judge shall be elected in ~~1957~~2017. On and after the effective	6999
date of this amendment, the part-time judge of the Avon Lake	7000
municipal court who was elected in 2011 shall serve as a full-time	7001
judge of the court until the end of that judge's term on December	7002
31, 2017.	7003

In the Barberton municipal court, one full-time judge shall	7004
be elected in 1969, and one full-time judge shall be elected in	7005
1971.	7006

In the Bedford municipal court, one full-time judge shall be	7007
elected in 1975, and one full-time judge shall be elected in 1979.	7008

In the Bellefontaine municipal court, one full-time judge	7009
shall be elected in 1993.	7010

In the Bellevue municipal court, one part-time judge shall be	7011
elected in 1951.	7012

In the Berea municipal court, one full-time judge shall be	7013
elected in 2005.	7014

In the Bowling Green municipal court, one full-time judge	7015
shall be elected in 1983.	7016

In the Brown county municipal court, one full-time judge	7017
shall be elected in 2005. Beginning February 9, 2003, the	7018
part-time judge of the Brown county county court that existed	7019
prior to that date whose term commenced on January 2, 2001, shall	7020
serve as the full-time judge of the Brown county municipal court	7021
until December 31, 2005.	7022

In the Bryan municipal court, one full-time judge shall be	7023
elected in 1965.	7024

In the Cambridge municipal court, one full-time judge shall	7025
be elected in 1951.	7026

In the Campbell municipal court, one part-time judge shall be	7027
elected in 1963.	7028

In the Canton municipal court, one full-time judge shall be	7029
elected in 1951, one full-time judge shall be elected in 1969, and	7030
two full-time judges shall be elected in 1977.	7031

In the Carroll county municipal court, one full-time judge	7032
shall be elected in 2009. Beginning January 1, 2007, the judge	7033
elected in 2006 to the part-time judgeship of the Carroll county	7034
county court that existed prior to that date shall serve as the	7035
full-time judge of the Carroll county municipal court until	7036
December 31, 2009.	7037

In the Celina municipal court, one full-time judge shall be	7038
elected in 1957.	7039

In the Champaign county municipal court, one full-time judge	7040
shall be elected in 2001.	7041

In the Chardon municipal court, one full-time judge shall be	7042
elected in 1963.	7043

In the Chillicothe municipal court, one full-time judge shall	7044
be elected in 1951, and one full-time judge shall be elected in	7045
1977.	7046

In the Circleville municipal court, one full-time judge shall	7047
be elected in 1953.	7048

In the Clark county municipal court, one full-time judge	7049
shall be elected in 1989, and two full-time judges shall be	7050
elected in 1991. The full-time judges of the Springfield municipal	7051
court who were elected in 1983 and 1985 shall serve as the judges	7052
of the Clark county municipal court from January 1, 1988, until	7053
the end of their respective terms.	7054

In the Clermont county municipal court, two full-time judges	7055
shall be elected in 1991, and one full-time judge shall be elected	7056
in 1999.	7057

In the Cleveland municipal court, six full-time judges shall	7058
be elected in 1975, three full-time judges shall be elected in	7059
1953, and four full-time judges shall be elected in 1955.	7060

In the Cleveland Heights municipal court, one full-time judge	7061
shall be elected in 1957.	7062

In the Clinton county municipal court, one full-time judge	7063
shall be elected in 1997. The full-time judge of the Wilmington	7064
municipal court who was elected in 1991 shall serve as the judge	7065
of the Clinton county municipal court from July 1, 1992, until the	7066
end of that judge's term on December 31, 1997.	7067

In the Columbiana county municipal court, two full-time	7068
judges shall be elected in 2001.	7069

In the Conneaut municipal court, one full-time judge shall be	7070
elected in 1953.	7071

In the Coshocton municipal court, one full-time judge shall	7072
be elected in 1951.	7073

In the Crawford county municipal court, one full-time judge	7074
shall be elected in 1977.	7075

In the Cuyahoga Falls municipal court, one full-time judge	7076
shall be elected in 1953, and one full-time judge shall be elected	7077
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal	7078
court shall cease to exist; however, the judges of the Cuyahoga	7079
Falls municipal court who were elected pursuant to this section in	7080
2003 and 2007 for terms beginning on January 1, 2004, and January	7081
1, 2008, respectively, shall serve as full-time judges of the Stow	7082
municipal court until December 31, 2009, and December 31, 2013,	7083
respectively.	7084

In the Darke county municipal court, one full-time judge	7085
shall be elected in 2005. Beginning January 1, 2005, the part-time	7086
judge of the Darke county county court that existed prior to that	7087
date whose term began on January 1, 2001, shall serve as the	7088
full-time judge of the Darke county municipal court until December	7089
31, 2005.	7090

In the Dayton municipal court, three full-time judges shall	7091
be elected in 1987, their terms to commence on successive days	7092
beginning on the first day of January next after their election,	7093
and two full-time judges shall be elected in 1955, their terms to	7094
commence on successive days beginning on the second day of January	7095
next after their election.	7096

In the Defiance municipal court, one full-time judge shall be	7097
elected in 1957.	7098

In the Delaware municipal court, one full-time judge shall be	7099
elected in 1953, and one full-time judge shall be elected in 2007.	7100

In the East Cleveland municipal court, one full-time judge	7101
shall be elected in 1957.	7102

In the East Liverpool municipal court, one full-time judge	7103
shall be elected in 1953.	7104

In the Eaton municipal court, one full-time judge shall be	7105
elected in 1973.	7106

In the Elyria municipal court, one full-time judge shall be	7107
elected in 1955, and one full-time judge shall be elected in 1973.	7108

In the Erie county municipal court, one full-time judge shall	7109
be elected in 2007.	7110

In the Euclid municipal court, one full-time judge shall be	7111
elected in 1951.	7112

In the Fairborn municipal court, one full-time judge shall be	7113
elected in 1977.	7114

In the Fairfield county municipal court, one full-time judge	7115
shall be elected in 2003, and one full-time judge shall be elected	7116
in 2005.	7117

In the Fairfield municipal court, one full-time judge shall	7118
be elected in 1989.	7119

In the Findlay municipal court, one full-time judge shall be	7120
elected in 1955, and one full-time judge shall be elected in 1993.	7121

In the Franklin municipal court, one part-time judge shall be	7122
elected in 1951.	7123

In the Franklin county municipal court, two full-time judges	7124
shall be elected in 1969, three full-time judges shall be elected	7125
in 1971, seven full-time judges shall be elected in 1967, one	7126
full-time judge shall be elected in 1975, one full-time judge	7127
shall be elected in 1991, and one full-time judge shall be elected	7128
in 1997.	7129

In the Fremont municipal court, one full-time judge shall be	7130
elected in 1975.	7131

In the Gallipolis municipal court, one full-time judge shall	7132
be elected in 1981.	7133

In the Garfield Heights municipal court, one full-time judge	7134
shall be elected in 1951, and one full-time judge shall be elected	7135
in 1981.	7136

In the Girard municipal court, one full-time judge shall be	7137
elected in 1963.	7138

In the Hamilton municipal court, one full-time judge shall be	7139
elected in 1953.	7140

In the Hamilton county municipal court, five full-time judges	7141
shall be elected in 1967, five full-time judges shall be elected	7142
in 1971, two full-time judges shall be elected in 1981, and two	7143
full-time judges shall be elected in 1983. All terms of judges of	7144
the Hamilton county municipal court shall commence on the first	7145
day of January next after their election, except that the terms of	7146
the additional judges to be elected in 1981 shall commence on	7147
January 2, 1982, and January 3, 1982, and that the terms of the	7148
additional judges to be elected in 1983 shall commence on January	7149
4, 1984, and January 5, 1984.	7150

In the Hardin county municipal court, one part-time judge	7151
shall be elected in 1989.	7152

In the Hillsboro municipal court, one full-time judge shall	7153
be elected in 2011. On and after December 30, 2008, the part-time	7154
judge of the Hillsboro municipal court who was elected in 2005	7155
shall serve as a full-time judge of the court until the end of	7156
that judge's term on December 31, 2011.	7157

In the Hocking county municipal court, one full-time judge	7158
shall be elected in 1977.	7159

In the Holmes county municipal court, one full-time judge	7160
shall be elected in 2007. Beginning January 1, 2007, the part-time	7161
judge of the Holmes county county court that existed prior to that	7162
date whose term commenced on January 1, 2007, shall serve as the	7163
full-time judge of the Holmes county municipal court until	7164
December 31, 2007.	7165

In the Huron municipal court, one part-time judge shall be	7166
elected in 1967.	7167

In the Ironton municipal court, one full-time judge shall be	7168
elected in 1951.	7169

In the Jackson county municipal court, one full-time judge	7170
shall be elected in 2001. On and after March 31, 1997, the	7171
part-time judge of the Jackson county municipal court who was	7172
elected in 1995 shall serve as a full-time judge of the court	7173
until the end of that judge's term on December 31, 2001.	7174

In the Kettering municipal court, one full-time judge shall	7175
be elected in 1971, and one full-time judge shall be elected in	7176
1975.	7177

In the Lakewood municipal court, one full-time judge shall be	7178
elected in 1955.	7179

In the Lancaster municipal court, one full-time judge shall	7180
be elected in 1951, and one full-time judge shall be elected in	7181
1979. Beginning January 2, 2000, the full-time judges of the	7182
Lancaster municipal court who were elected in 1997 and 1999 shall	7183
serve as judges of the Fairfield county municipal court until the	7184
end of those judges' terms.	7185

In the Lawrence county municipal court, one part-time judge	7186
shall be elected in 1981.	7187

In the Lebanon municipal court, one part-time judge shall be	7188
elected in 1955.	7189

In the Licking county municipal court, one full-time judge	7190
shall be elected in 1951, and one full-time judge shall be elected	7191
in 1971.	7192

In the Lima municipal court, one full-time judge shall be	7193
elected in 1951, and one full-time judge shall be elected in 1967.	7194

In the Lorain municipal court, one full-time judge shall be	7195
elected in 1953, and one full-time judge shall be elected in 1973.	7196

In the Lyndhurst municipal court, one full-time judge shall	7197
be elected in 1957.	7198

In the Madison county municipal court, one full-time judge	7199
shall be elected in 1981.	7200

In the Mansfield municipal court, one full-time judge shall	7201
be elected in 1951, and one full-time judge shall be elected in	7202
1969.	7203

In the Marietta municipal court, one full-time judge shall be	7204
elected in 1957.	7205

In the Marion municipal court, one full-time judge shall be	7206
elected in 1951.	7207

In the Marysville municipal court, one full-time judge shall	7208
be elected in 2011. On and after January 18, 2007, the part-time	7209
judge of the Marysville municipal court who was elected in 2005	7210
shall serve as a full-time judge of the court until the end of	7211
that judge's term on December 31, 2011.	7212

In the Mason municipal court, one part-time judge shall be	7213
elected in 1965.	7214

In the Massillon municipal court, one full-time judge shall	7215
be elected in 1953, and one full-time judge shall be elected in	7216
1971.	7217

In the Maumee municipal court, one full-time judge shall be	7218
elected in 1963.	7219

In the Medina municipal court, one full-time judge shall be	7220
elected in 1957.	7221

In the Mentor municipal court, one full-time judge shall be	7222
elected in 1971.	7223

In the Miami county municipal court, one full-time judge	7224
shall be elected in 1975, and one full-time judge shall be elected	7225
in 1979.	7226

In the Miamisburg municipal court, one full-time judge shall	7227
be elected in 1951.	7228

In the Middletown municipal court, one full-time judge shall	7229
be elected in 1953.	7230

In the Montgomery county municipal court:

7231

One judge shall be elected in 2011 to a part-time judgeship	7232
for a term to begin on January 1, 2012. If any one of the other	7233
judgeships of the court becomes vacant and is abolished after July	7234
1, 2010, this judgeship shall become a full-time judgeship on that	7235
date. If only one other judgeship of the court becomes vacant and	7236
is abolished as of December 31, 2021, this judgeship shall be	7237
abolished as of that date. Beginning July 1, 2010, the part-time	7238
judge of the Montgomery county county court that existed before	7239
that date whose term commenced on January 1, 2005, shall serve as	7240
a part-time judge of the Montgomery county municipal court until	7241
December 31, 2011.	7242

One judge shall be elected in 2011 to a full-time judgeship	7243
for a term to begin on January 2, 2012, and this judgeship shall	7244
be abolished on January 1, 2016. Beginning July 1, 2010, the	7245
part-time judge of the Montgomery county county court that existed	7246
before that date whose term commenced on January 2, 2005, shall	7247
serve as a full-time judge of the Montgomery county municipal	7248
court until January 1, 2012.	7249

One judge shall be elected in 2013 to a full-time judgeship	7250
for a term to begin on January 2, 2014. Beginning July 1, 2010,	7251
the part-time judge of the Montgomery county county court that	7252
existed before that date whose term commenced on January 2, 2007,	7253
shall serve as a full-time judge of the Montgomery county	7254
municipal court until January 1, 2014.	7255

One judge shall be elected in 2013 to a judgeship for a term	7256
to begin on January 1, 2014. If no other judgeship of the court	7257
becomes vacant and is abolished by January 1, 2014, this judgeship	7258
shall be a part-time judgeship. When one or more of the other	7259
judgeships of the court becomes vacant and is abolished after July	7260
1, 2010, this judgeship shall become a full-time judgeship.	7261
Beginning July 1, 2010, the part-time judge of the Montgomery	7262
county county court that existed before that date whose term	7263
commenced on January 1, 2007, shall serve as this judge of the	7264
Montgomery county municipal court until December 31, 2013.	7265

If any one of the judgeships of the court becomes vacant	7266
before December 31, 2021, that judgeship is abolished on the date	7267
that it becomes vacant, and the other judges of the court shall be	7268
or serve as full-time judges. The abolishment of judgeships for	7269
the Montgomery county municipal court shall cease when the court	7270
has two full-time judgeships.	7271

In the Morrow county municipal court, one full-time judge	7272
shall be elected in 2005. Beginning January 1, 2003, the part-time	7273
judge of the Morrow county county court that existed prior to that	7274
date shall serve as the full-time judge of the Morrow county	7275
municipal court until December 31, 2005.	7276

In the Mount Vernon municipal court, one full-time judge	7277
shall be elected in 1951.	7278

In the Napoleon municipal court, one full-time judge shall be	7279
elected in 2005.	7280

In the New Philadelphia municipal court, one full-time judge	7281
shall be elected in 1975.	7282

In the Newton Falls municipal court, one full-time judge	7283
shall be elected in 1963.	7284

In the Niles municipal court, one full-time judge shall be	7285
elected in 1951.	7286

In the Norwalk municipal court, one full-time judge shall be	7287
elected in 1975.	7288

In the Oakwood municipal court, one part-time judge shall be	7289
elected in 1953.	7290

In the Oberlin municipal court, one full-time judge shall be	7291
elected in 1989.	7292

In the Oregon municipal court, one full-time judge shall be	7293
elected in 1963.	7294

In the Ottawa county municipal court, one full-time judge	7295
shall be elected in 1995, and the full-time judge of the Port	7296
Clinton municipal court who is elected in 1989 shall serve as the	7297
judge of the Ottawa county municipal court from February 4, 1994,	7298
until the end of that judge's term.	7299

In the Painesville municipal court, one full-time judge shall	7300
be elected in 1951.	7301

In the Parma municipal court, one full-time judge shall be	7302
elected in 1951, one full-time judge shall be elected in 1967, and	7303
one full-time judge shall be elected in 1971.	7304

In the Perrysburg municipal court, one full-time judge shall	7305
be elected in 1977.	7306

In the Portage county municipal court, two full-time judges	7307
shall be elected in 1979, and one full-time judge shall be elected	7308
in 1971.	7309

In the Port Clinton municipal court, one full-time judge	7310
shall be elected in 1953. The full-time judge of the Port Clinton	7311
municipal court who is elected in 1989 shall serve as the judge of	7312
the Ottawa county municipal court from February 4, 1994, until the	7313
end of that judge's term.	7314

In the Portsmouth municipal court, one full-time judge shall	7315
be elected in 1951, and one full-time judge shall be elected in	7316
1985.	7317

In the Putnam county municipal court, one full-time judge	7318
shall be elected in 2011. Beginning January 1, 2011, the part-time	7319
judge of the Putnam county county court that existed prior to that	7320
date whose term commenced on January 1, 2007, shall serve as the	7321
full-time judge of the Putnam county municipal court until	7322
December 31, 2011.	7323

In the Rocky River municipal court, one full-time judge shall	7324
be elected in 1957, and one full-time judge shall be elected in	7325
1971.	7326

In the Sandusky municipal court, one full-time judge shall be	7327
elected in 1953.	7328

In the Sandusky county municipal court, one full-time judge	7329
shall be elected in 2013. Beginning on January 1, 2013, the two	7330
part-time judges of the Sandusky county county court that existed	7331
prior to that date shall serve as part-time judges of the Sandusky	7332
county municipal court until December 31, 2013. If either	7333
judgeship becomes vacant before January 1, 2014, that judgeship is	7334
abolished on the date it becomes vacant, and the person who holds	7335
the other judgeship shall serve as the full-time judge of the	7336
Sandusky county municipal court until December 31, 2013.	7337

In the Shaker Heights municipal court, one full-time judge	7338
shall be elected in 1957.	7339

In the Shelby municipal court, one part-time judge shall be	7340
elected in 1957.	7341

In the Sidney municipal court, one full-time judge shall be	7342
elected in 1995.	7343

In the South Euclid municipal court, one full-time judge	7344
shall be elected in 1999. The part-time judge elected in 1993,	7345
whose term commenced on January 1, 1994, shall serve until	7346
December 31, 1999, and the office of that judge is abolished on	7347
January 1, 2000.	7348

In the Springfield municipal court, two full-time judges	7349
shall be elected in 1985, and one full-time judge shall be elected	7350
in 1983, all of whom shall serve as the judges of the Springfield	7351
municipal court through December 31, 1987, and as the judges of	7352
the Clark county municipal court from January 1, 1988, until the	7353
end of their respective terms.	7354

In the Steubenville municipal court, one full-time judge	7355
shall be elected in 1953.	7356

In the Stow municipal court, one full-time judge shall be	7357
elected in 2009, and one full-time judge shall be elected in 2013.	7358
Beginning January 1, 2009, the judge of the Cuyahoga Falls	7359
municipal court that existed prior to that date whose term	7360
commenced on January 1, 2008, shall serve as a full-time judge of	7361
the Stow municipal court until December 31, 2013. Beginning	7362
January 1, 2009, the judge of the Cuyahoga Falls municipal court	7363
that existed prior to that date whose term commenced on January 1,	7364
2004, shall serve as a full-time judge of the Stow municipal court	7365
until December 31, 2009.	7366

In the Struthers municipal court, one part-time judge shall	7367
be elected in 1963.	7368

In the Sylvania municipal court, one full-time judge shall be	7369
elected in 1963.	7370

In the Tiffin-Fostoria municipal court, one full-time judge	7371
shall be elected in 2013.	7372

In the Toledo municipal court, two full-time judges shall be	7373
elected in 1971, four full-time judges shall be elected in 1975,	7374
and one full-time judge shall be elected in 1973.	7375

In the Upper Sandusky municipal court, one full-time judge	7376
shall be elected in 2011. The part-time judge elected in 2005,	7377
whose term commenced on January 1, 2006, shall serve as a	7378
full-time judge on and after January 1, 2008, until the expiration	7379
of that judge's term on December 31, 2011, and the office of that	7380
judge is abolished on January 1, 2012.	7381

In the Vandalia municipal court, one full-time judge shall be	7382
elected in 1959.	7383

In the Van Wert municipal court, one full-time judge shall be	7384
elected in 1957.	7385

In the Vermilion municipal court, one part-time judge shall	7386
be elected in 1965.	7387

In the Wadsworth municipal court, one full-time judge shall	7388
be elected in 1981.	7389

In the Warren municipal court, one full-time judge shall be	7390
elected in 1951, and one full-time judge shall be elected in 1971.	7391

In the Washington Court House municipal court, one full-time	7392
judge shall be elected in 1999. The part-time judge elected in	7393
1993, whose term commenced on January 1, 1994, shall serve until	7394
December 31, 1999, and the office of that judge is abolished on	7395
January 1, 2000.	7396

In the Wayne county municipal court, one full-time judge	7397
shall be elected in 1975, and one full-time judge shall be elected	7398
in 1979.	7399

In the Willoughby municipal court, one full-time judge shall	7400
be elected in 1951.	7401

In the Wilmington municipal court, one full-time judge shall	7402
be elected in 1991, who shall serve as the judge of the Wilmington	7403
municipal court through June 30, 1992, and as the judge of the	7404
Clinton county municipal court from July 1, 1992, until the end of	7405
that judge's term on December 31, 1997.	7406

In the Xenia municipal court, one full-time judge shall be	7407
elected in 1977.	7408

In the Youngstown municipal court, one full-time judge shall	7409
be elected in 1951, and one full-time judge shall be elected in	7410
2013.	7411

In the Zanesville municipal court, one full-time judge shall	7412
be elected in 1953.	7413

Sec. 2101.026. (A) The probate court of Franklin county may	7414
accept funds or other program assistance from individuals,	7415
corporations, agencies, or organizations, including, but not	7416
limited to, the board of alcohol, drug addiction, and mental	7417
health services of Franklin county or the Franklin county board of	7418
developmental disabilities. Any funds received by the probate	7419
court of Franklin county under this division shall be paid into	7420
the treasury of Franklin county and credited to a fund to be known	7421
as the Franklin county probate court mental health fund.	7422

(B) The moneys in the Franklin county probate court mental	7423
health fund shall be used for services to help ensure the	7424
treatment of any person who is under the care of the board of	7425
alcohol, drug addiction, and mental health services of Franklin	7426
county or, the Franklin county board of developmental	7427
disabilities, or any other guardianships. These services include,	7428
but are not limited to, involuntary commitment proceedings and the	7429
establishment and management of adult guardianships, including all	7430
associated expenses, for wards who are under the care of the board	7431
of alcohol, drug addiction, and mental health services of Franklin	7432
county or, the Franklin county board of developmental	7433
disabilities, or any other guardianships.	7434

(C) If the judge of the probate court of Franklin county	7435
determines that some of the moneys in the Franklin county probate	7436
court mental health fund are needed for the efficient operation of	7437
that court, the moneys may be used for the acquisition of	7438
equipment, the hiring and training of staff, community services	7439
programs, volunteer guardianship training services, the employment	7440
of magistrates, and other related services.	7441

(D) The moneys in the Franklin county probate court mental	7442
health fund that may be used in part for the establishment and	7443
management of adult guardianships under division (B) of this	7444
section may be utilized to establish a Franklin county	7445
guardianship service.	7446

(E)(1) A Franklin county guardianship service under division	7447
(D) of this section is established by creating a Franklin county	7448
guardianship service board comprised of three members. The judge	7449
of the probate court of Franklin county shall appoint one member.	7450
The board of directors of the Franklin county board of	7451
developmental disabilities shall appoint one member. The board of	7452
directors of the board of alcohol, drug addiction, and mental	7453
health services of Franklin county shall appoint one member. The	7454
term of appointment of each member is four years.	7455

(2) The Franklin county guardianship service board may	7456
appoint a director of the board. The board shall determine the	7457
compensation of the director based on the availability of funds	7458
contained in the Franklin county probate court mental health fund.	7459

(3) The members and the director, if any, of the Franklin	7460
county guardianship service board may receive appointments from	7461
the probate court of Franklin county to serve as guardians of both	7462
the person and estate of wards. The director may hire employees	7463
subject to available funds in the Franklin county probate court	7464
mental health fund.	7465

(4) If a new director replaces a previously appointed	7466
director of the Franklin county guardianship service board, the	7467
new director shall replace the former director serving as a	7468
guardian under division (E)(3) of this section without the need of	7469
a successor guardianship hearing conducted by the probate court of	7470
Franklin county so long as the wards are the same wards for both	7471
the former director and the new director.	7472

(5) The Franklin county guardianship service board that is	7473
created under division (E)(1) of this section shall promulgate all	7474
rules and regulations necessary for the efficient operation of the	7475
board and the Franklin county guardianship service.	7476

Sec. 2151.417. (A) Any court that issues a dispositional	7477
order pursuant to section 2151.353, 2151.414, or 2151.415 of the	7478
Revised Code may review at any time the child's placement or	7479
custody arrangement, the case plan prepared for the child pursuant	7480
to section 2151.412 of the Revised Code, the actions of the public	7481
children services agency or private child placing agency in	7482
implementing that case plan, the child's permanency plan if the	7483
child's permanency plan has been approved, and any other aspects	7484
of the child's placement or custody arrangement. In conducting the	7485
review, the court shall determine the appropriateness of any	7486
agency actions, the safety and appropriateness of continuing the	7487
child's placement or custody arrangement, and whether any changes	7488
should be made with respect to the child's permanency plan or	7489
placement or custody arrangement or with respect to the actions of	7490
the agency under the child's placement or custody arrangement.	7491
Based upon the evidence presented at a hearing held after notice	7492
to all parties and the guardian ad litem of the child, the court	7493
may require the agency, the parents, guardian, or custodian of the	7494
child, and the physical custodians of the child to take any	7495
reasonable action that the court determines is necessary and in	7496
the best interest of the child or to discontinue any action that	7497
it determines is not in the best interest of the child.	7498

(B) If a court issues a dispositional order pursuant to	7499
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the	7500
court has continuing jurisdiction over the child as set forth in	7501
division (E)(1) of section 2151.353 of the Revised Code. The court	7502
may amend a dispositional order in accordance with division (E)(2)	7503
of section 2151.353 of the Revised Code at any time upon its own	7504
motion or upon the motion of any interested party. The court shall	7505
comply with section 2151.42 of the Revised Code in amending any	7506
dispositional order pursuant to this division.	7507

(C) Any court that issues a dispositional order pursuant to	7508
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall	7509
hold a review hearing one year after the earlier of the date on	7510
which the complaint in the case was filed or the child was first	7511
placed into shelter care to review the case plan prepared pursuant	7512
to section 2151.412 of the Revised Code and the child's placement	7513
or custody arrangement, to approve or review the permanency plan	7514
for the child, and to make changes to the case plan and placement	7515
or custody arrangement consistent with the permanency plan. The	7516
court shall schedule the review hearing at the time that it holds	7517
the dispositional hearing pursuant to section 2151.35 of the	7518
Revised Code.	7519

The court shall hold a similar review hearing no later than	7520
every twelve months after the initial review hearing until the	7521
child is adopted, returned to the parents, or the court otherwise	7522
terminates the child's placement or custody arrangement, except	7523
that the dispositional hearing held pursuant to section 2151.415	7524
of the Revised Code shall take the place of the first review	7525
hearing to be held under this section. The court shall schedule	7526
each subsequent review hearing at the conclusion of the review	7527
hearing immediately preceding the review hearing to be scheduled.	7528

(D) If, within fourteen days after a written summary of an	7529
administrative review is filed with the court pursuant to section	7530
2151.416 of the Revised Code, the court does not approve the	7531
proposed change to the case plan filed pursuant to division (E) of	7532
section 2151.416 of the Revised Code or a party or the guardian ad	7533
litem requests a review hearing pursuant to division (E) of that	7534
section, the court shall hold a review hearing in the same manner	7535
that it holds review hearings pursuant to division (C) of this	7536
section, except that if a review hearing is required by this	7537
division and if a hearing is to be held pursuant to division (C)	7538
of this section or section 2151.415 of the Revised Code, the	7539
hearing held pursuant to division (C) of this section or section	7540
2151.415 of the Revised Code shall take the place of the review	7541
hearing required by this division.	7542

(E) If a court determines pursuant to section 2151.419 of the	7543
Revised Code that a public children services agency or private	7544
child placing agency is not required to make reasonable efforts to	7545
prevent the removal of a child from the child's home, eliminate	7546
the continued removal of a child from the child's home, and return	7547
the child to the child's home, and the court does not return the	7548
child to the child's home pursuant to division (A)(3) of section	7549
2151.419 of the Revised Code, the court shall hold a review	7550
hearing to approve the permanency plan for the child and, if	7551
appropriate, to make changes to the child's case plan and the	7552
child's placement or custody arrangement consistent with the	7553
permanency plan. The court may hold the hearing immediately	7554
following the determination under section 2151.419 of the Revised	7555
Code and shall hold it no later than thirty days after making that	7556
determination.	7557

(F) The court shall give notice of the review hearings held	7558
pursuant to this section to every interested party, including, but	7559
not limited to, the appropriate agency employees who are	7560
responsible for the child's care and planning, the child's	7561
parents, any person who had guardianship or legal custody of the	7562
child prior to the custody order, the child's guardian ad litem,	7563
and the child. The court shall summon every interested party to	7564
appear at the review hearing and give them an opportunity to	7565
testify and to present other evidence with respect to the child's	7566
custody arrangement, including, but not limited to, the following:	7567
the case plan for the child,; the permanency plan, if one exists;	7568
the actions taken by the child's custodian; the need for a change	7569
in the child's custodian or caseworker; and the need for any	7570
specific action to be taken with respect to the child. The court	7571
shall require any interested party to testify or present other	7572
evidence when necessary to a proper determination of the issues	7573
presented at the review hearing. In any review hearing that	7574
pertains to a permanency plan for a child who will not be returned	7575
to the parent, the court shall consider in-state and out-of-state	7576
placement options and the court shall determine whether the	7577
in-state or the out-of-state placement continues to be appropriate	7578
and in the best interests of the child. In any review hearing that	7579
pertains to a permanency plan for a child, the court or a citizens	7580
board appointed by the court pursuant to division (H) of this	7581
section shall consult with the child, in an age-appropriate	7582
manner, regarding the proposed permanency plan for the child.	7583

(G) After the review hearing, the court shall take the	7584
following actions based upon the evidence presented:	7585

(1) If an administrative review has been conducted, determine	7586
whether the conclusions of the review are supported by a	7587
preponderance of the evidence and approve or modify the case plan	7588
based upon that evidence;	7589

(2) If the hearing was held under division (C) or (E) of this	7590
section, approve a permanency plan for the child that specifies	7591
whether and, if applicable, when the child will be safely returned	7592
home or placed for adoption, for legal custody, or in a planned	7593
permanent living arrangement. A permanency plan approved after a	7594
hearing under division (E) of this section shall not include any	7595
provision requiring the child to be returned to the child's home.	7596

(3) If the child is in temporary custody, do all of the	7597
following:	7598

(a) Determine whether the child can and should be returned	7599
home with or without an order for protective supervision;	7600

(b) If the child can and should be returned home with or	7601
without an order for protective supervision, terminate the order	7602
for temporary custody;	7603

(c) If the child cannot or should not be returned home with	7604
an order for protective supervision, determine whether the agency	7605
currently with custody of the child should retain custody or	7606
whether another public children services agency, private child	7607
placing agency, or an individual should be given custody of the	7608
child.	7609

The court shall comply with section 2151.42 of the Revised	7610
Code in taking any action under this division.	7611

(4) If the child is in permanent custody, determine what	7612
actions are required by the custodial agency and of any other	7613
organizations or persons in order to facilitate an adoption of the	7614
child and make any appropriate orders with respect to the custody	7615
arrangement or conditions of the child, including, but not limited	7616
to, a transfer of permanent custody to another public children	7617
services agency or private child placing agency;	7618

(5) Journalize the terms of the updated case plan for the	7619
child.	7620

(H) The court may appoint a referee or a citizens review	7621
board to conduct the review hearings that the court is required by	7622
this section to conduct, subject to the review and approval by the	7623
court of any determinations made by the referee or citizens review	7624
board. If the court appoints a citizens review board to conduct	7625
the review hearings, the board shall consist of one member	7626
representing the general public and four members who are trained	7627
or experienced in the care or placement of children and have	7628
training or experience in the fields of medicine, psychology,	7629
social work, education, or any related field. Of the initial	7630
appointments to the board, two shall be for a term of one year,	7631
two shall be for a term of two years, and one shall be for a term	7632
of three years, with all the terms ending one year after the date	7633
on which the appointment was made. Thereafter, all terms of the	7634
board members shall be for three years and shall end on the same	7635
day of the same month of the year as did the term that they	7636
succeed. Any member appointed to fill a vacancy occurring prior to	7637
the expiration of the term for which the member's predecessor was	7638
appointed shall hold office for the remainder of the term.	7639

(I) A copy of the court's determination following any review	7640
hearing held pursuant to this section shall be sent to the	7641
custodial agency, the guardian ad litem of the child who is the	7642
subject of the review hearing, and, if that child is not the	7643
subject of a permanent commitment hearing, the parents of the	7644
child.	7645

(J) If the hearing held under this section takes the place of	7646
an administrative review that otherwise would have been held under	7647
section 2151.416 of the Revised Code, the court at the hearing	7648
held under this section shall do all of the following in addition	7649
to any other requirements of this section:	7650

(1) Determine the continued necessity for and the safety and	7651
appropriateness of the child's placement;	7652

(2) Determine the extent of compliance with the child's case	7653
plan;	7654

(3) Determine the extent of progress that has been made	7655
toward alleviating or mitigating the causes necessitating the	7656
child's placement in foster care;	7657

(4) Project a likely date by which the child may be safely	7658
returned home or placed for adoption or legal custody.	7659

(K)(1) Whenever the court is required to approve a permanency	7660
plan under this section or section 2151.415 of the Revised Code,	7661
the public children services agency or private child placing	7662
agency that filed the complaint in the case, has custody of the	7663
child, or will be given custody of the child shall develop a	7664
permanency plan for the child. The agency must file the plan with	7665
the court prior to the hearing under this section or section	7666
2151.415 of the Revised Code.	7667

(2) The permanency plan developed by the agency must specify	7668
whether and, if applicable, when the child will be safely returned	7669
home or placed for adoption or legal custody. If the agency	7670
determines that there is a compelling reason why returning the	7671
child home or placing the child for adoption or legal custody is	7672
not in the best interest of the child, the plan shall provide that	7673
the child will be placed in a planned permanent living	7674
arrangement. A permanency plan developed as a result of a	7675
determination made under division (A)(2) of section 2151.419 of	7676
the Revised Code may not include any provision requiring the child	7677
to be returned home.	7678

(3)(a) Whenever a court is required under this section or	7679
section 2151.415 or 2151.419 of the Revised Code to conduct a	7680
review hearing to approve a permanency plan, the court shall	7681
determine whether the agency required to develop the plan has made	7682
reasonable efforts to finalize it. If the court determines the	7683
agency has not made reasonable efforts to finalize the plan, the	7684
court shall issue an order finalizing a permanency plan requiring	7685
the agency to use reasonable efforts to do the following:	7686

(i) Place the child in a timely manner into a permanent	7687
placement;	7688

(ii) Complete whatever steps are necessary to finalize the	7689
permanent placement of the child.	7690

(b) In making reasonable efforts as required in division	7691
(K)(3)(a) of this section, the agency shall consider the child's	7692
health and safety as the paramount concern.	7693

Sec. 2151.421. (A)(1)(a) No person described in division	7694
(A)(1)(b) of this section who is acting in an official or	7695
professional capacity and knows, or has reasonable cause to	7696
suspect based on facts that would cause a reasonable person in a	7697
similar position to suspect, that a child under eighteen years of	7698
age or a mentally retarded, developmentally disabled, or	7699
physically impaired child under twenty-one years of age has	7700
suffered or faces a threat of suffering any physical or mental	7701
wound, injury, disability, or condition of a nature that	7702
reasonably indicates abuse or neglect of the child shall fail to	7703
immediately report that knowledge or reasonable cause to suspect	7704
to the entity or persons specified in this division. Except as	7705
provided in section 5120.173 of the Revised Code, the person	7706
making the report shall make it to the public children services	7707
agency or a municipal or county peace officer in the county in	7708
which the child resides or in which the abuse or neglect is	7709
occurring or has occurred. In the circumstances described in	7710
section 5120.173 of the Revised Code, the person making the report	7711
shall make it to the entity specified in that section.	7712

(b) Division (A)(1)(a) of this section applies to any person	7713
who is an attorney; physician, including a hospital intern or	7714
resident; dentist; podiatrist; practitioner of a limited branch of	7715
medicine as specified in section 4731.15 of the Revised Code;	7716
registered nurse; licensed practical nurse; visiting nurse; other	7717
health care professional; licensed psychologist; licensed school	7718
psychologist; independent marriage and family therapist or	7719
marriage and family therapist; speech pathologist or audiologist;	7720
coroner; administrator or employee of a child day-care center;	7721
administrator or employee of a residential camp or child day camp;	7722
administrator or employee of a certified child care agency or	7723
other public or private children services agency; school teacher;	7724
school employee; school authority; person engaged in social work	7725
or the practice of professional counseling; agent of a county	7726
humane society; person, other than a cleric, rendering spiritual	7727
treatment through prayer in accordance with the tenets of a	7728
well-recognized religion; employee of a county department of job	7729
and family services who is a professional and who works with	7730
children and families; superintendent or regional administrator	7731
employed by the department of youth services; superintendent,	7732
board member, or employee of a county board of developmental	7733
disabilities; investigative agent contracted with by a county	7734
board of developmental disabilities; employee of the department of	7735
developmental disabilities; employee of a facility or home that	7736
provides respite care in accordance with section 5123.171 of the	7737
Revised Code; employee of a home health agency; employee of an	7738
entity that provides homemaker services; a person performing the	7739
duties of an assessor pursuant to Chapter 3107. or 5103. of the	7740
Revised Code; or third party employed by a public children	7741
services agency to assist in providing child or family related	7742
services.	7743

(2) Except as provided in division (A)(3) of this section, an	7744
attorney or a physician is not required to make a report pursuant	7745
to division (A)(1) of this section concerning any communication	7746
the attorney or physician receives from a client or patient in an	7747
attorney-client or physician-patient relationship, if, in	7748
accordance with division (A) or (B) of section 2317.02 of the	7749
Revised Code, the attorney or physician could not testify with	7750
respect to that communication in a civil or criminal proceeding.	7751

(3) The client or patient in an attorney-client or	7752
physician-patient relationship described in division (A)(2) of	7753
this section is deemed to have waived any testimonial privilege	7754
under division (A) or (B) of section 2317.02 of the Revised Code	7755
with respect to any communication the attorney or physician	7756
receives from the client or patient in that attorney-client or	7757
physician-patient relationship, and the attorney or physician	7758
shall make a report pursuant to division (A)(1) of this section	7759
with respect to that communication, if all of the following apply:	7760

(a) The client or patient, at the time of the communication,	7761
is either a child under eighteen years of age or a mentally	7762
retarded, developmentally disabled, or physically impaired person	7763
under twenty-one years of age.	7764

(b) The attorney or physician knows, or has reasonable cause	7765
to suspect based on facts that would cause a reasonable person in	7766
similar position to suspect, as a result of the communication or	7767
any observations made during that communication, that the client	7768
or patient has suffered or faces a threat of suffering any	7769
physical or mental wound, injury, disability, or condition of a	7770
nature that reasonably indicates abuse or neglect of the client or	7771
patient.	7772

(c) The abuse or neglect does not arise out of the client's	7773
or patient's attempt to have an abortion without the notification	7774
of her parents, guardian, or custodian in accordance with section	7775
2151.85 of the Revised Code.	7776

(4)(a) No cleric and no person, other than a volunteer,	7777
designated by any church, religious society, or faith acting as a	7778
leader, official, or delegate on behalf of the church, religious	7779
society, or faith who is acting in an official or professional	7780
capacity, who knows, or has reasonable cause to believe based on	7781
facts that would cause a reasonable person in a similar position	7782
to believe, that a child under eighteen years of age or a mentally	7783
retarded, developmentally disabled, or physically impaired child	7784
under twenty-one years of age has suffered or faces a threat of	7785
suffering any physical or mental wound, injury, disability, or	7786
condition of a nature that reasonably indicates abuse or neglect	7787
of the child, and who knows, or has reasonable cause to believe	7788
based on facts that would cause a reasonable person in a similar	7789
position to believe, that another cleric or another person, other	7790
than a volunteer, designated by a church, religious society, or	7791
faith acting as a leader, official, or delegate on behalf of the	7792
church, religious society, or faith caused, or poses the threat of	7793
causing, the wound, injury, disability, or condition that	7794
reasonably indicates abuse or neglect shall fail to immediately	7795
report that knowledge or reasonable cause to believe to the entity	7796
or persons specified in this division. Except as provided in	7797
section 5120.173 of the Revised Code, the person making the report	7798
shall make it to the public children services agency or a	7799
municipal or county peace officer in the county in which the child	7800
resides or in which the abuse or neglect is occurring or has	7801
occurred. In the circumstances described in section 5120.173 of	7802
the Revised Code, the person making the report shall make it to	7803
the entity specified in that section.	7804

(b) Except as provided in division (A)(4)(c) of this section,	7805
a cleric is not required to make a report pursuant to division	7806
(A)(4)(a) of this section concerning any communication the cleric	7807
receives from a penitent in a cleric-penitent relationship, if, in	7808
accordance with division (C) of section 2317.02 of the Revised	7809
Code, the cleric could not testify with respect to that	7810
communication in a civil or criminal proceeding.	7811

(c) The penitent in a cleric-penitent relationship described	7812
in division (A)(4)(b) of this section is deemed to have waived any	7813
testimonial privilege under division (C) of section 2317.02 of the	7814
Revised Code with respect to any communication the cleric receives	7815
from the penitent in that cleric-penitent relationship, and the	7816
cleric shall make a report pursuant to division (A)(4)(a) of this	7817
section with respect to that communication, if all of the	7818
following apply:	7819

(i) The penitent, at the time of the communication, is either	7820
a child under eighteen years of age or a mentally retarded,	7821
developmentally disabled, or physically impaired person under	7822
twenty-one years of age.	7823

(ii) The cleric knows, or has reasonable cause to believe	7824
based on facts that would cause a reasonable person in a similar	7825
position to believe, as a result of the communication or any	7826
observations made during that communication, the penitent has	7827
suffered or faces a threat of suffering any physical or mental	7828
wound, injury, disability, or condition of a nature that	7829
reasonably indicates abuse or neglect of the penitent.	7830

(iii) The abuse or neglect does not arise out of the	7831
penitent's attempt to have an abortion performed upon a child	7832
under eighteen years of age or upon a mentally retarded,	7833
developmentally disabled, or physically impaired person under	7834
twenty-one years of age without the notification of her parents,	7835
guardian, or custodian in accordance with section 2151.85 of the	7836
Revised Code.	7837

(d) Divisions (A)(4)(a) and (c) of this section do not apply	7838
in a cleric-penitent relationship when the disclosure of any	7839
communication the cleric receives from the penitent is in	7840
violation of the sacred trust.	7841

(e) As used in divisions (A)(1) and (4) of this section,	7842
"cleric" and "sacred trust" have the same meanings as in section	7843
2317.02 of the Revised Code.	7844

(B) Anyone who knows, or has reasonable cause to suspect	7845
based on facts that would cause a reasonable person in similar	7846
circumstances to suspect, that a child under eighteen years of age	7847
or a mentally retarded, developmentally disabled, or physically	7848
impaired person under twenty-one years of age has suffered or	7849
faces a threat of suffering any physical or mental wound, injury,	7850
disability, or other condition of a nature that reasonably	7851
indicates abuse or neglect of the child may report or cause	7852
reports to be made of that knowledge or reasonable cause to	7853
suspect to the entity or persons specified in this division.	7854
Except as provided in section 5120.173 of the Revised Code, a	7855
person making a report or causing a report to be made under this	7856
division shall make it or cause it to be made to the public	7857
children services agency or to a municipal or county peace	7858
officer. In the circumstances described in section 5120.173 of the	7859
Revised Code, a person making a report or causing a report to be	7860
made under this division shall make it or cause it to be made to	7861
the entity specified in that section.	7862

(C) Any report made pursuant to division (A) or (B) of this	7863
section shall be made forthwith either by telephone or in person	7864
and shall be followed by a written report, if requested by the	7865
receiving agency or officer. The written report shall contain:	7866

(1) The names and addresses of the child and the child's	7867
parents or the person or persons having custody of the child, if	7868
known;	7869

(2) The child's age and the nature and extent of the child's	7870
injuries, abuse, or neglect that is known or reasonably suspected	7871
or believed, as applicable, to have occurred or of the threat of	7872
injury, abuse, or neglect that is known or reasonably suspected or	7873
believed, as applicable, to exist, including any evidence of	7874
previous injuries, abuse, or neglect;	7875

(3) Any other information that might be helpful in	7876
establishing the cause of the injury, abuse, or neglect that is	7877
known or reasonably suspected or believed, as applicable, to have	7878
occurred or of the threat of injury, abuse, or neglect that is	7879
known or reasonably suspected or believed, as applicable, to	7880
exist.	7881

Any person, who is required by division (A) of this section	7882
to report child abuse or child neglect that is known or reasonably	7883
suspected or believed to have occurred, may take or cause to be	7884
taken color photographs of areas of trauma visible on a child and,	7885
if medically indicated, cause to be performed radiological	7886
examinations of the child.	7887

(D) As used in this division, "children's advocacy center"	7888
and "sexual abuse of a child" have the same meanings as in section	7889
2151.425 of the Revised Code.	7890

(1) When a municipal or county peace officer receives a	7891
report concerning the possible abuse or neglect of a child or the	7892
possible threat of abuse or neglect of a child, upon receipt of	7893
the report, the municipal or county peace officer who receives the	7894
report shall refer the report to the appropriate public children	7895
services agency.	7896

(2) When a public children services agency receives a report	7897
pursuant to this division or division (A) or (B) of this section,	7898
upon receipt of the report, the public children services agency	7899
shall do both of the following:	7900

(a) Comply with section 2151.422 of the Revised Code;

7901

(b) If the county served by the agency is also served by a	7902
children's advocacy center and the report alleges sexual abuse of	7903
a child or another type of abuse of a child that is specified in	7904
the memorandum of understanding that creates the center as being	7905
within the center's jurisdiction, comply regarding the report with	7906
the protocol and procedures for referrals and investigations, with	7907
the coordinating activities, and with the authority or	7908
responsibility for performing or providing functions, activities,	7909
and services stipulated in the interagency agreement entered into	7910
under section 2151.428 of the Revised Code relative to that	7911
center.	7912

(E) No township, municipal, or county peace officer shall	7913
remove a child about whom a report is made pursuant to this	7914
section from the child's parents, stepparents, or guardian or any	7915
other persons having custody of the child without consultation	7916
with the public children services agency, unless, in the judgment	7917
of the officer, and, if the report was made by physician, the	7918
physician, immediate removal is considered essential to protect	7919
the child from further abuse or neglect. The agency that must be	7920
consulted shall be the agency conducting the investigation of the	7921
report as determined pursuant to section 2151.422 of the Revised	7922
Code.	7923

(F)(1) Except as provided in section 2151.422 of the Revised	7924
Code or in an interagency agreement entered into under section	7925
2151.428 of the Revised Code that applies to the particular	7926
report, the public children services agency shall investigate,	7927
within twenty-four hours, each report of child abuse or child	7928
neglect that is known or reasonably suspected or believed to have	7929
occurred and of a threat of child abuse or child neglect that is	7930
known or reasonably suspected or believed to exist that is	7931
referred to it under this section to determine the circumstances	7932
surrounding the injuries, abuse, or neglect or the threat of	7933
injury, abuse, or neglect, the cause of the injuries, abuse,	7934
neglect, or threat, and the person or persons responsible. The	7935
investigation shall be made in cooperation with the law	7936
enforcement agency and in accordance with the memorandum of	7937
understanding prepared under division (J) of this section. A	7938
representative of the public children services agency shall, at	7939
the time of initial contact with the person subject to the	7940
investigation, inform the person of the specific complaints or	7941
allegations made against the person. The information shall be	7942
given in a manner that is consistent with division (H)(1) of this	7943
section and protects the rights of the person making the report	7944
under this section.	7945

A failure to make the investigation in accordance with the	7946
memorandum is not grounds for, and shall not result in, the	7947
dismissal of any charges or complaint arising from the report or	7948
the suppression of any evidence obtained as a result of the report	7949
and does not give, and shall not be construed as giving, any	7950
rights or any grounds for appeal or post-conviction relief to any	7951
person. The public children services agency shall report each case	7952
to the uniform statewide automated child welfare information	7953
system that the department of job and family services shall	7954
maintain in accordance with section 5101.13 of the Revised Code.	7955
The public children services agency shall submit a report of its	7956
investigation, in writing, to the law enforcement agency.	7957

(2) The public children services agency shall make any	7958
recommendations to the county prosecuting attorney or city	7959
director of law that it considers necessary to protect any	7960
children that are brought to its attention.	7961

(G)(1)(a) Except as provided in division (H)(3) of this	7962
section, anyone or any hospital, institution, school, health	7963
department, or agency participating in the making of reports under	7964
division (A) of this section, anyone or any hospital, institution,	7965
school, health department, or agency participating in good faith	7966
in the making of reports under division (B) of this section, and	7967
anyone participating in good faith in a judicial proceeding	7968
resulting from the reports, shall be immune from any civil or	7969
criminal liability for injury, death, or loss to person or	7970
property that otherwise might be incurred or imposed as a result	7971
of the making of the reports or the participation in the judicial	7972
proceeding.	7973

(b) Notwithstanding section 4731.22 of the Revised Code, the	7974
physician-patient privilege shall not be a ground for excluding	7975
evidence regarding a child's injuries, abuse, or neglect, or the	7976
cause of the injuries, abuse, or neglect in any judicial	7977
proceeding resulting from a report submitted pursuant to this	7978
section.	7979

(2) In any civil or criminal action or proceeding in which it	7980
is alleged and proved that participation in the making of a report	7981
under this section was not in good faith or participation in a	7982
judicial proceeding resulting from a report made under this	7983
section was not in good faith, the court shall award the	7984
prevailing party reasonable attorney's fees and costs and, if a	7985
civil action or proceeding is voluntarily dismissed, may award	7986
reasonable attorney's fees and costs to the party against whom the	7987
civil action or proceeding is brought.	7988

(H)(1) Except as provided in divisions (H)(4) and (N) of this	7989
section, a report made under this section is confidential. The	7990
information provided in a report made pursuant to this section and	7991
the name of the person who made the report shall not be released	7992
for use, and shall not be used, as evidence in any civil action or	7993
proceeding brought against the person who made the report. Nothing	7994
in this division shall preclude the use of reports of other	7995
incidents of known or suspected abuse or neglect in a civil action	7996
or proceeding brought pursuant to division (M) of this section	7997
against a person who is alleged to have violated division (A)(1)	7998
of this section, provided that any information in a report that	7999
would identify the child who is the subject of the report or the	8000
maker of the report, if the maker of the report is not the	8001
defendant or an agent or employee of the defendant, has been	8002
redacted. In a criminal proceeding, the report is admissible in	8003
evidence in accordance with the Rules of Evidence and is subject	8004
to discovery in accordance with the Rules of Criminal Procedure.	8005

(2) No person shall permit or encourage the unauthorized	8006
dissemination of the contents of any report made under this	8007
section.	8008

(3) A person who knowingly makes or causes another person to	8009
make a false report under division (B) of this section that	8010
alleges that any person has committed an act or omission that	8011
resulted in a child being an abused child or a neglected child is	8012
guilty of a violation of section 2921.14 of the Revised Code.	8013

(4) If a report is made pursuant to division (A) or (B) of	8014
this section and the child who is the subject of the report dies	8015
for any reason at any time after the report is made, but before	8016
the child attains eighteen years of age, the public children	8017
services agency or municipal or county peace officer to which the	8018
report was made or referred, on the request of the child fatality	8019
review board, shall submit a summary sheet of information	8020
providing a summary of the report to the review board of the	8021
county in which the deceased child resided at the time of death.	8022
On the request of the review board, the agency or peace officer	8023
may, at its discretion, make the report available to the review	8024
board. If the county served by the public children services agency	8025
is also served by a children's advocacy center and the report of	8026
alleged sexual abuse of a child or another type of abuse of a	8027
child is specified in the memorandum of understanding that creates	8028
the center as being within the center's jurisdiction, the agency	8029
or center shall perform the duties and functions specified in this	8030
division in accordance with the interagency agreement entered into	8031
under section 2151.428 of the Revised Code relative to that	8032
advocacy center.	8033

(5) A public children services agency shall advise a person	8034
alleged to have inflicted abuse or neglect on a child who is the	8035
subject of a report made pursuant to this section, including a	8036
report alleging sexual abuse of a child or another type of abuse	8037
of a child referred to a children's advocacy center pursuant to an	8038
interagency agreement entered into under section 2151.428 of the	8039
Revised Code, in writing of the disposition of the investigation.	8040
The agency shall not provide to the person any information that	8041
identifies the person who made the report, statements of	8042
witnesses, or police or other investigative reports.	8043

(I) Any report that is required by this section, other than a	8044
report that is made to the state highway patrol as described in	8045
section 5120.173 of the Revised Code, shall result in protective	8046
services and emergency supportive services being made available by	8047
the public children services agency on behalf of the children	8048
about whom the report is made, in an effort to prevent further	8049
neglect or abuse, to enhance their welfare, and, whenever	8050
possible, to preserve the family unit intact. The agency required	8051
to provide the services shall be the agency conducting the	8052
investigation of the report pursuant to section 2151.422 of the	8053
Revised Code.	8054

(J)(1) Each public children services agency shall prepare a	8055
memorandum of understanding that is signed by all of the	8056
following:	8057

(a) If there is only one juvenile judge in the county, the	8058
juvenile judge of the county or the juvenile judge's	8059
representative;	8060

(b) If there is more than one juvenile judge in the county, a	8061
juvenile judge or the juvenile judges' representative selected by	8062
the juvenile judges or, if they are unable to do so for any	8063
reason, the juvenile judge who is senior in point of service or	8064
the senior juvenile judge's representative;	8065

8066

(d) All chief municipal peace officers within the county;

8067

(e) Other law enforcement officers handling child abuse and	8068
neglect cases in the county;	8069

(f) The prosecuting attorney of the county;

8070

(g) If the public children services agency is not the county	8071
department of job and family services, the county department of	8072
job and family services;	8073

(h) The county humane society;

8074

(i) If the public children services agency participated in	8075
the execution of a memorandum of understanding under section	8076
2151.426 of the Revised Code establishing a children's advocacy	8077
center, each participating member of the children's advocacy	8078
center established by the memorandum.	8079

(2) A memorandum of understanding shall set forth the normal	8080
operating procedure to be employed by all concerned officials in	8081
the execution of their respective responsibilities under this	8082
section and division (C) of section 2919.21, division (B)(1) of	8083
section 2919.22, division (B) of section 2919.23, and section	8084
2919.24 of the Revised Code and shall have as two of its primary	8085
goals the elimination of all unnecessary interviews of children	8086
who are the subject of reports made pursuant to division (A) or	8087
(B) of this section and, when feasible, providing for only one	8088
interview of a child who is the subject of any report made	8089
pursuant to division (A) or (B) of this section. A failure to	8090
follow the procedure set forth in the memorandum by the concerned	8091
officials is not grounds for, and shall not result in, the	8092
dismissal of any charges or complaint arising from any reported	8093
case of abuse or neglect or the suppression of any evidence	8094
obtained as a result of any reported child abuse or child neglect	8095
and does not give, and shall not be construed as giving, any	8096
rights or any grounds for appeal or post-conviction relief to any	8097
person.	8098

(3) A memorandum of understanding shall include all of the	8099
following:	8100

(a) The roles and responsibilities for handling emergency and	8101
nonemergency cases of abuse and neglect;	8102

(b) Standards and procedures to be used in handling and	8103
coordinating investigations of reported cases of child abuse and	8104
reported cases of child neglect, methods to be used in	8105
interviewing the child who is the subject of the report and who	8106
allegedly was abused or neglected, and standards and procedures	8107
addressing the categories of persons who may interview the child	8108
who is the subject of the report and who allegedly was abused or	8109
neglected.	8110

(4) If a public children services agency participated in the	8111
execution of a memorandum of understanding under section 2151.426	8112
of the Revised Code establishing a children's advocacy center, the	8113
agency shall incorporate the contents of that memorandum in the	8114
memorandum prepared pursuant to this section.	8115

(5) The clerk of the court of common pleas in the county may	8116
sign the memorandum of understanding prepared under division	8117
(J)(1) of this section. If the clerk signs the memorandum of	8118
understanding, the clerk shall execute all relevant	8119
responsibilities as required of officials specified in the	8120
memorandum.	8121

(K)(1) Except as provided in division (K)(4) of this section,	8122
a person who is required to make a report pursuant to division (A)	8123
of this section may make a reasonable number of requests of the	8124
public children services agency that receives or is referred the	8125
report, or of the children's advocacy center that is referred the	8126
report if the report is referred to a children's advocacy center	8127
pursuant to an interagency agreement entered into under section	8128
2151.428 of the Revised Code, to be provided with the following	8129
information:	8130

(a) Whether the agency or center has initiated an	8131
investigation of the report;	8132

(b) Whether the agency or center is continuing to investigate	8133
the report;	8134

(c) Whether the agency or center is otherwise involved with	8135
the child who is the subject of the report;	8136

(d) The general status of the health and safety of the child	8137
who is the subject of the report;	8138

(e) Whether the report has resulted in the filing of a	8139
complaint in juvenile court or of criminal charges in another	8140
court.	8141

(2) A person may request the information specified in	8142
division (K)(1) of this section only if, at the time the report is	8143
made, the person's name, address, and telephone number are	8144
provided to the person who receives the report.	8145

When a municipal or county peace officer or employee of a	8146
public children services agency receives a report pursuant to	8147
division (A) or (B) of this section the recipient of the report	8148
shall inform the person of the right to request the information	8149
described in division (K)(1) of this section. The recipient of the	8150
report shall include in the initial child abuse or child neglect	8151
report that the person making the report was so informed and, if	8152
provided at the time of the making of the report, shall include	8153
the person's name, address, and telephone number in the report.	8154

Each request is subject to verification of the identity of	8155
the person making the report. If that person's identity is	8156
verified, the agency shall provide the person with the information	8157
described in division (K)(1) of this section a reasonable number	8158
of times, except that the agency shall not disclose any	8159
confidential information regarding the child who is the subject of	8160
the report other than the information described in those	8161
divisions.	8162

(3) A request made pursuant to division (K)(1) of this	8163
section is not a substitute for any report required to be made	8164
pursuant to division (A) of this section.	8165

(4) If an agency other than the agency that received or was	8166
referred the report is conducting the investigation of the report	8167
pursuant to section 2151.422 of the Revised Code, the agency	8168
conducting the investigation shall comply with the requirements of	8169
division (K) of this section.	8170

(L) The director of job and family services shall adopt rules	8171
in accordance with Chapter 119. of the Revised Code to implement	8172
this section. The department of job and family services may enter	8173
into a plan of cooperation with any other governmental entity to	8174
aid in ensuring that children are protected from abuse and	8175
neglect. The department shall make recommendations to the attorney	8176
general that the department determines are necessary to protect	8177
children from child abuse and child neglect.	8178

(M) Whoever violates division (A) of this section is liable	8179
for compensatory and exemplary damages to the child who would have	8180
been the subject of the report that was not made. A person who	8181
brings a civil action or proceeding pursuant to this division	8182
against a person who is alleged to have violated division (A)(1)	8183
of this section may use in the action or proceeding reports of	8184
other incidents of known or suspected abuse or neglect, provided	8185
that any information in a report that would identify the child who	8186
is the subject of the report or the maker of the report, if the	8187
maker is not the defendant or an agent or employee of the	8188
defendant, has been redacted.	8189

(N)(1) As used in this division:

8190

(a) "Out-of-home care" includes a nonchartered nonpublic	8191
school if the alleged child abuse or child neglect, or alleged	8192
threat of child abuse or child neglect, described in a report	8193
received by a public children services agency allegedly occurred	8194
in or involved the nonchartered nonpublic school and the alleged	8195
perpetrator named in the report holds a certificate, permit, or	8196
license issued by the state board of education under section	8197
3301.071 or Chapter 3319. of the Revised Code.	8198

(b) "Administrator, director, or other chief administrative	8199
officer" means the superintendent of the school district if the	8200
out-of-home care entity subject to a report made pursuant to this	8201
section is a school operated by the district.	8202

(2) No later than the end of the day following the day on	8203
which a public children services agency receives a report of	8204
alleged child abuse or child neglect, or a report of an alleged	8205
threat of child abuse or child neglect, that allegedly occurred in	8206
or involved an out-of-home care entity, the agency shall provide	8207
written notice of the allegations contained in and the person	8208
named as the alleged perpetrator in the report to the	8209
administrator, director, or other chief administrative officer of	8210
the out-of-home care entity that is the subject of the report	8211
unless the administrator, director, or other chief administrative	8212
officer is named as an alleged perpetrator in the report. If the	8213
administrator, director, or other chief administrative officer of	8214
an out-of-home care entity is named as an alleged perpetrator in a	8215
report of alleged child abuse or child neglect, or a report of an	8216
alleged threat of child abuse or child neglect, that allegedly	8217
occurred in or involved the out-of-home care entity, the agency	8218
shall provide the written notice to the owner or governing board	8219
of the out-of-home care entity that is the subject of the report.	8220
The agency shall not provide witness statements or police or other	8221
investigative reports.	8222

(3) No later than three days after the day on which a public	8223
children services agency that conducted the investigation as	8224
determined pursuant to section 2151.422 of the Revised Code makes	8225
a disposition of an investigation involving a report of alleged	8226
child abuse or child neglect, or a report of an alleged threat of	8227
child abuse or child neglect, that allegedly occurred in or	8228
involved an out-of-home care entity, the agency shall send written	8229
notice of the disposition of the investigation to the	8230
administrator, director, or other chief administrative officer and	8231
the owner or governing board of the out-of-home care entity. The	8232
agency shall not provide witness statements or police or other	8233
investigative reports.	8234

(O) As used in this section, "investigation" means the public	8235
children services agency's response to an accepted report of child	8236
abuse or neglect through either an alternative response or a	8237
traditional response.	8238

Sec. 2152.19. (A) If a child is adjudicated a delinquent	8239
child, the court may make any of the following orders of	8240
disposition, in addition to any other disposition authorized or	8241
required by this chapter:	8242

(1) Any order that is authorized by section 2151.353 of the	8243
Revised Code for the care and protection of an abused, neglected,	8244
or dependent child;	8245

(2) Commit the child to the temporary custody of any school,	8246
camp, institution, or other facility operated for the care of	8247
delinquent children by the county, by a district organized under	8248
section 2152.41 or 2151.65 of the Revised Code, or by a private	8249
agency or organization, within or without the state, that is	8250
authorized and qualified to provide the care, treatment, or	8251
placement required, including, but not limited to, a school, camp,	8252
or facility operated under section 2151.65 of the Revised Code;	8253

(3) Place the child in a detention facility or district	8254
detention facility operated under section 2152.41 of the Revised	8255
Code, for up to ninety days;	8256

(4) Place the child on community control under any sanctions,	8257
services, and conditions that the court prescribes. As a condition	8258
of community control in every case and in addition to any other	8259
condition that it imposes upon the child, the court shall require	8260
the child to abide by the law during the period of community	8261
control. As referred to in this division, community control	8262
includes, but is not limited to, the following sanctions and	8263
conditions:	8264

(a) A period of basic probation supervision in which the	8265
child is required to maintain contact with a person appointed to	8266
supervise the child in accordance with sanctions imposed by the	8267
court;	8268

(b) A period of intensive probation supervision in which the	8269
child is required to maintain frequent contact with a person	8270
appointed by the court to supervise the child while the child is	8271
seeking or maintaining employment and participating in training,	8272
education, and treatment programs as the order of disposition;	8273

(c) A period of day reporting in which the child is required	8274
each day to report to and leave a center or another approved	8275
reporting location at specified times in order to participate in	8276
work, education or training, treatment, and other approved	8277
programs at the center or outside the center;	8278

(d) A period of community service of up to five hundred hours	8279
for an act that would be a felony or a misdemeanor of the first	8280
degree if committed by an adult, up to two hundred hours for an	8281
act that would be a misdemeanor of the second, third, or fourth	8282
degree if committed by an adult, or up to thirty hours for an act	8283
that would be a minor misdemeanor if committed by an adult;	8284

(e) A requirement that the child obtain a high school	8285
diploma, a certificate of high school equivalence, vocational	8286
training, or employment;	8287

(f) A period of drug and alcohol use monitoring;

8288

(g) A requirement of alcohol or drug assessment or	8289
counseling, or a period in an alcohol or drug treatment program	8290
with a level of security for the child as determined necessary by	8291
the court;	8292

(h) A period in which the court orders the child to observe a	8293
curfew that may involve daytime or evening hours;	8294

(i) A requirement that the child serve monitored time;

8295

(j) A period of house arrest without electronic monitoring or	8296
continuous alcohol monitoring;	8297

(k) A period of electronic monitoring or continuous alcohol	8298
monitoring without house arrest, or house arrest with electronic	8299
monitoring or continuous alcohol monitoring or both electronic	8300
monitoring and continuous alcohol monitoring, that does not exceed	8301
the maximum sentence of imprisonment that could be imposed upon an	8302
adult who commits the same act.	8303

A period of house arrest with electronic monitoring or	8304
continuous alcohol monitoring or both electronic monitoring and	8305
continuous alcohol monitoring, imposed under this division shall	8306
not extend beyond the child's twenty-first birthday. If a court	8307
imposes a period of house arrest with electronic monitoring or	8308
continuous alcohol monitoring or both electronic monitoring and	8309
continuous alcohol monitoring, upon a child under this division,	8310
it shall require the child: to remain in the child's home or other	8311
specified premises for the entire period of house arrest with	8312
electronic monitoring or continuous alcohol monitoring or both	8313
except when the court permits the child to leave those premises to	8314
go to school or to other specified premises. Regarding electronic	8315
monitoring, the court also shall require the child to be monitored	8316
by a central system that can determine the child's location at	8317
designated times; to report periodically to a person designated by	8318
the court; and to enter into a written contract with the court	8319
agreeing to comply with all requirements imposed by the court,	8320
agreeing to pay any fee imposed by the court for the costs of the	8321
house arrest with electronic monitoring, and agreeing to waive the	8322
right to receive credit for any time served on house arrest with	8323
electronic monitoring toward the period of any other dispositional	8324
order imposed upon the child if the child violates any of the	8325
requirements of the dispositional order of house arrest with	8326
electronic monitoring. The court also may impose other reasonable	8327
requirements upon the child.	8328

Unless ordered by the court, a child shall not receive credit	8329
for any time served on house arrest with electronic monitoring or	8330
continuous alcohol monitoring or both toward any other	8331
dispositional order imposed upon the child for the act for which	8332
was imposed the dispositional order of house arrest with	8333
electronic monitoring or continuous alcohol monitoring. As used in	8334
this division and division (A)(4)(l) of this section, "continuous	8335
alcohol monitoring" has the same meaning as in section 2929.01 of	8336
the Revised Code.	8337

(l) A suspension of the driver's license, probationary	8338
driver's license, or temporary instruction permit issued to the	8339
child for a period of time prescribed by the court, or a	8340
suspension of the registration of all motor vehicles registered in	8341
the name of the child for a period of time prescribed by the	8342
court. A child whose license or permit is so suspended is	8343
ineligible for issuance of a license or permit during the period	8344
of suspension. At the end of the period of suspension, the child	8345
shall not be reissued a license or permit until the child has paid	8346
any applicable reinstatement fee and complied with all	8347
requirements governing license reinstatement.	8348

(5) Commit the child to the custody of the court;

8349

(6) Require the child to not be absent without legitimate	8350
excuse from the public school the child is supposed to attend for	8351
five or more consecutive days, seven or more school days in one	8352
school month, or twelve or more school days in a school year;	8353

(7)(a) If a child is adjudicated a delinquent child for being	8354
a chronic truant or a habitual truant who previously has been	8355
adjudicated an unruly child for being a habitual truant, do either	8356
or both of the following:	8357

(i) Require the child to participate in a truancy prevention	8358
mediation program;	8359

(ii) Make any order of disposition as authorized by this	8360
section, except that the court shall not commit the child to a	8361
facility described in division (A)(2) or (3) of this section	8362
unless the court determines that the child violated a lawful court	8363
order made pursuant to division (C)(1)(e) of section 2151.354 of	8364
the Revised Code or division (A)(6) of this section.	8365

(b) If a child is adjudicated a delinquent child for being a	8366
chronic truant or a habitual truant who previously has been	8367
adjudicated an unruly child for being a habitual truant and the	8368
court determines that the parent, guardian, or other person having	8369
care of the child has failed to cause the child's attendance at	8370
school in violation of section 3321.38 of the Revised Code, do	8371
either or both of the following:	8372

(i) Require the parent, guardian, or other person having care	8373
of the child to participate in a truancy prevention mediation	8374
program;	8375

(ii) Require the parent, guardian, or other person having	8376
care of the child to participate in any community service program,	8377
preferably a community service program that requires the	8378
involvement of the parent, guardian, or other person having care	8379
of the child in the school attended by the child.	8380

(8) Make any further disposition that the court finds proper,	8381
except that the child shall not be placed in ~~any of the following:~~	8382

~~(a) A~~a state correctional institution, a county,	8383
multicounty, or municipal jail or workhouse, or another place in	8384
which an adult convicted of a crime, under arrest, or charged with	8385
a crime is held;	8386

~~(b) A community corrections facility, if the child would be~~	8387
~~covered by the definition of public safety beds for purposes of~~	8388
~~sections 5139.41 to 5139.43 of the Revised Code if the court~~	8389
~~exercised its authority to commit the child to the legal custody~~	8390
~~of the department of youth services for institutionalization or~~	8391
~~institutionalization in a secure facility pursuant to this~~	8392
~~chapter~~.	8393

(B) If a child is adjudicated a delinquent child, in addition	8394
to any order of disposition made under division (A) of this	8395
section, the court, in the following situations and for the	8396
specified periods of time, shall suspend the child's temporary	8397
instruction permit, restricted license, probationary driver's	8398
license, or nonresident operating privilege, or suspend the	8399
child's ability to obtain such a permit:	8400

(1) If the child is adjudicated a delinquent child for	8401
violating section 2923.122 of the Revised Code, impose a class	8402
four suspension of the child's license, permit, or privilege from	8403
the range specified in division (A)(4) of section 4510.02 of the	8404
Revised Code or deny the child the issuance of a license or permit	8405
in accordance with division (F)(1) of section 2923.122 of the	8406
Revised Code.	8407

(2) If the child is adjudicated a delinquent child for	8408
committing an act that if committed by an adult would be a drug	8409
abuse offense or for violating division (B) of section 2917.11 of	8410
the Revised Code, suspend the child's license, permit, or	8411
privilege for a period of time prescribed by the court. The court,	8412
in its discretion, may terminate the suspension if the child	8413
attends and satisfactorily completes a drug abuse or alcohol abuse	8414
education, intervention, or treatment program specified by the	8415
court. During the time the child is attending a program described	8416
in this division, the court shall retain the child's temporary	8417
instruction permit, probationary driver's license, or driver's	8418
license, and the court shall return the permit or license if it	8419
terminates the suspension as described in this division.	8420

(C) The court may establish a victim-offender mediation	8421
program in which victims and their offenders meet to discuss the	8422
offense and suggest possible restitution. If the court obtains the	8423
assent of the victim of the delinquent act committed by the child,	8424
the court may require the child to participate in the program.	8425

(D)(1) If a child is adjudicated a delinquent child for	8426
committing an act that would be a felony if committed by an adult	8427
and if the child caused, attempted to cause, threatened to cause,	8428
or created a risk of physical harm to the victim of the act, the	8429
court, prior to issuing an order of disposition under this	8430
section, shall order the preparation of a victim impact statement	8431
by the probation department of the county in which the victim of	8432
the act resides, by the court's own probation department, or by a	8433
victim assistance program that is operated by the state, a county,	8434
a municipal corporation, or another governmental entity. The court	8435
shall consider the victim impact statement in determining the	8436
order of disposition to issue for the child.	8437

(2) Each victim impact statement shall identify the victim of	8438
the act for which the child was adjudicated a delinquent child,	8439
itemize any economic loss suffered by the victim as a result of	8440
the act, identify any physical injury suffered by the victim as a	8441
result of the act and the seriousness and permanence of the	8442
injury, identify any change in the victim's personal welfare or	8443
familial relationships as a result of the act and any	8444
psychological impact experienced by the victim or the victim's	8445
family as a result of the act, and contain any other information	8446
related to the impact of the act upon the victim that the court	8447
requires.	8448

(3) A victim impact statement shall be kept confidential and	8449
is not a public record. However, the court may furnish copies of	8450
the statement to the department of youth services if the	8451
delinquent child is committed to the department or to both the	8452
adjudicated delinquent child or the adjudicated delinquent child's	8453
counsel and the prosecuting attorney. The copy of a victim impact	8454
statement furnished by the court to the department pursuant to	8455
this section shall be kept confidential and is not a public	8456
record. If an officer is preparing pursuant to section 2947.06 or	8457
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	8458
investigation report pertaining to a person, the court shall make	8459
available to the officer, for use in preparing the report, a copy	8460
of any victim impact statement regarding that person. The copies	8461
of a victim impact statement that are made available to the	8462
adjudicated delinquent child or the adjudicated delinquent child's	8463
counsel and the prosecuting attorney pursuant to this division	8464
shall be returned to the court by the person to whom they were	8465
made available immediately following the imposition of an order of	8466
disposition for the child under this chapter.	8467

The copy of a victim impact statement that is made available	8468
pursuant to this division to an officer preparing a criminal	8469
presentence investigation report shall be returned to the court by	8470
the officer immediately following its use in preparing the report.	8471

(4) The department of youth services shall work with local	8472
probation departments and victim assistance programs to develop a	8473
standard victim impact statement.	8474

(E) If a child is adjudicated a delinquent child for being a	8475
chronic truant or a habitual truant who previously has been	8476
adjudicated an unruly child for being a habitual truant and the	8477
court determines that the parent, guardian, or other person having	8478
care of the child has failed to cause the child's attendance at	8479
school in violation of section 3321.38 of the Revised Code, in	8480
addition to any order of disposition it makes under this section,	8481
the court shall warn the parent, guardian, or other person having	8482
care of the child that any subsequent adjudication of the child as	8483
an unruly or delinquent child for being a habitual or chronic	8484
truant may result in a criminal charge against the parent,	8485
guardian, or other person having care of the child for a violation	8486
of division (C) of section 2919.21 or section 2919.24 of the	8487
Revised Code.	8488

(F)(1) During the period of a delinquent child's community	8489
control granted under this section, authorized probation officers	8490
who are engaged within the scope of their supervisory duties or	8491
responsibilities may search, with or without a warrant, the person	8492
of the delinquent child, the place of residence of the delinquent	8493
child, and a motor vehicle, another item of tangible or intangible	8494
personal property, or other real property in which the delinquent	8495
child has a right, title, or interest or for which the delinquent	8496
child has the express or implied permission of a person with a	8497
right, title, or interest to use, occupy, or possess if the	8498
probation officers have reasonable grounds to believe that the	8499
delinquent child is not abiding by the law or otherwise is not	8500
complying with the conditions of the delinquent child's community	8501
control. The court that places a delinquent child on community	8502
control under this section shall provide the delinquent child with	8503
a written notice that informs the delinquent child that authorized	8504
probation officers who are engaged within the scope of their	8505
supervisory duties or responsibilities may conduct those types of	8506
searches during the period of community control if they have	8507
reasonable grounds to believe that the delinquent child is not	8508
abiding by the law or otherwise is not complying with the	8509
conditions of the delinquent child's community control. The court	8510
also shall provide the written notice described in division (E)(2)	8511
of this section to each parent, guardian, or custodian of the	8512
delinquent child who is described in that division.	8513

(2) The court that places a child on community control under	8514
this section shall provide the child's parent, guardian, or other	8515
custodian with a written notice that informs them that authorized	8516
probation officers may conduct searches pursuant to division	8517
(E)(1) of this section. The notice shall specifically state that a	8518
permissible search might extend to a motor vehicle, another item	8519
of tangible or intangible personal property, or a place of	8520
residence or other real property in which a notified parent,	8521
guardian, or custodian has a right, title, or interest and that	8522
the parent, guardian, or custodian expressly or impliedly permits	8523
the child to use, occupy, or possess.	8524

(G) If a juvenile court commits a delinquent child to the	8525
custody of any person, organization, or entity pursuant to this	8526
section and if the delinquent act for which the child is so	8527
committed is a sexually oriented offense or is a child-victim	8528
oriented offense, the court in the order of disposition shall do	8529
one of the following:	8530

(1) Require that the child be provided treatment as described	8531
in division (A)(2) of section 5139.13 of the Revised Code;	8532

(2) Inform the person, organization, or entity that it is the	8533
preferred course of action in this state that the child be	8534
provided treatment as described in division (A)(2) of section	8535
5139.13 of the Revised Code and encourage the person,	8536
organization, or entity to provide that treatment.	8537

Sec. 2305.09. Except as provided for in division (C) of this	8538
section, an action for any of the following causes shall be	8539
brought within four years after the cause thereof accrued:	8540

(A) For trespassing upon real property;

8541

(B) For the recovery of personal property, or for taking or	8542
detaining it;	8543

(C) For relief on the ground of fraud, except when the cause	8544
of action is a violation of section 2913.49 of the Revised Code,	8545
in which case the action shall be brought within five years after	8546
the cause thereof accrued;	8547

(D) For an injury to the rights of the plaintiff not arising	8548
on contract nor enumerated in sections 1304.35, 2305.10 to	8549
2305.12, and 2305.14 of the Revised Code;	8550

(E) For relief on the grounds of a physical or regulatory	8551
taking of real property.	8552

If the action is for trespassing under ground or injury to	8553
mines, or for the wrongful taking of personal property, the causes	8554
thereof shall not accrue until the wrongdoer is discovered; nor,	8555
if it is for fraud, until the fraud is discovered.	8556

An action for professional negligence against a registered	8557
surveyor shall be commenced within four years after the completion	8558
of the engagement on which the cause of action is based.	8559

Sec. 2710.06. (A) Except as provided in division (B) of this	8560
section and section 3109.052 of the Revised Code, a mediator shall	8561
not make a report, assessment, evaluation, recommendation,	8562
finding, or other communication regarding a mediation to a court,	8563
department, agency, or officer of this state or its political	8564
subdivisions that may make a ruling on the dispute that is the	8565
subject of the mediation.	8566

(B) A mediator may disclose any of the following:

8567

(1) Whether the mediation occurred or has terminated, whether	8568
a settlement was reached, and attendance;	8569

(2) A mediation communication as permitted by section ~~2710.07~~	8570
2710.05 of the Revised Code;	8571

(3) A mediation communication evidencing abuse, neglect,	8572
abandonment, or exploitation of an individual to a public agency	8573
responsible for protecting individuals against abuse, neglect,	8574
abandonment, or exploitation.	8575

(C) A communication made in violation of division (A) of this	8576
section shall not be considered by a court, administrative agency,	8577
or arbitrator.	8578

Sec. 2743.191. (A)(1) There is hereby created in the state	8579
treasury the reparations fund, which shall be used only for the	8580
following purposes:	8581

(a) The payment of awards of reparations that are granted by	8582
the attorney general;	8583

(b) The compensation of any personnel needed by the attorney	8584
general to administer sections 2743.51 to 2743.72 of the Revised	8585
Code;	8586

(c) The compensation of witnesses as provided in division (J)	8587
of section 2743.65 of the Revised Code;	8588

(d) Other administrative costs of hearing and determining	8589
claims for an award of reparations by the attorney general;	8590

(e) The costs of administering sections 2907.28 and 2969.01	8591
to 2969.06 of the Revised Code;	8592

(f) The costs of investigation and decision-making as	8593
certified by the attorney general;	8594

(g) The provision of state financial assistance to victim	8595
assistance programs in accordance with sections 109.91 and 109.92	8596
of the Revised Code;	8597

(h) The costs of paying the expenses of sex offense-related	8598
examinations ~~and~~, antibiotics, and HIV post-exposure prophylaxis	8599
pursuant to section 2907.28 of the Revised Code;	8600

(i) The cost of printing and distributing the pamphlet	8601
prepared by the attorney general pursuant to section 109.42 of the	8602
Revised Code;	8603

(j) Subject to division (D) of section 2743.71 of the Revised	8604
Code, the costs associated with the printing and providing of	8605
information cards or other printed materials to law enforcement	8606
agencies and prosecuting authorities and with publicizing the	8607
availability of awards of reparations pursuant to section 2743.71	8608
of the Revised Code;	8609

(k) The payment of costs of administering a DNA specimen	8610
collection procedure pursuant to sections 2152.74 and 2901.07 of	8611
the Revised Code, of performing DNA analysis of those DNA	8612
specimens, and of entering the resulting DNA records regarding	8613
those analyses into the DNA database pursuant to section 109.573	8614
of the Revised Code;	8615

(l) The payment of actual costs associated with initiatives	8616
by the attorney general for the apprehension, prosecution, and	8617
accountability of offenders, and the enhancing of services to	8618
crime victims. The amount of payments made pursuant to division	8619
(A)(1)(l) of this section during any given fiscal year shall not	8620
exceed five per cent of the balance of the reparations fund at the	8621
close of the immediately previous fiscal year;	8622

(m) The costs of administering the adult parole authority's	8623
supervision pursuant to division (E) of section 2971.05 of the	8624
Revised Code of sexually violent predators who are sentenced to a	8625
prison term pursuant to division (A)(3) of section 2971.03 of the	8626
Revised Code and of offenders who are sentenced to a prison term	8627
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	8628
(c), or (B)(3)(a), (b), (c), or (d) of that section;	8629

(n) Subject to the limit set forth in those sections, the	8630
costs of the installation and monitoring of an electronic	8631
monitoring device used in the monitoring of a respondent pursuant	8632
to an electronic monitoring order issued by a court under division	8633
(E)(1)(b) of section 2151.34 or division (E)(1)(b) of section	8634
2903.214 of the Revised Code if the court determines that the	8635
respondent is indigent or used in the monitoring of an offender	8636
pursuant to an electronic monitoring order issued under division	8637
(B)(5) of section 2919.27 of the Revised Code if the court	8638
determines that the offender is indigent.	8639

(2) All costs paid pursuant to section 2743.70 of the Revised	8640
Code, the portions of license reinstatement fees mandated by	8641
division (F)(2)(b) of section 4511.191 of the Revised Code to be	8642
credited to the fund, the portions of the proceeds of the sale of	8643
a forfeited vehicle specified in division (C)(2) of section	8644
4503.234 of the Revised Code, payments collected by the department	8645
of rehabilitation and correction from prisoners who voluntarily	8646
participate in an approved work and training program pursuant to	8647
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	8648
all moneys collected by the state pursuant to its right of	8649
subrogation provided in section 2743.72 of the Revised Code shall	8650
be deposited in the fund.	8651

(B) In making an award of reparations, the attorney general	8652
shall render the award against the state. The award shall be	8653
accomplished only through the following procedure, and the	8654
following procedure may be enforced by writ of mandamus directed	8655
to the appropriate official:	8656

(1) The attorney general shall provide for payment of the	8657
claimant or providers in the amount of the award only if the	8658
amount of the award is fifty dollars or more.	8659

(2) The expense shall be charged against all available	8660
unencumbered moneys in the fund.	8661

(3) If sufficient unencumbered moneys do not exist in the	8662
fund, the attorney general shall make application for payment of	8663
the award out of the emergency purposes account or any other	8664
appropriation for emergencies or contingencies, and payment out of	8665
this account or other appropriation shall be authorized if there	8666
are sufficient moneys greater than the sum total of then pending	8667
emergency purposes account requests or requests for releases from	8668
the other appropriations.	8669

(4) If sufficient moneys do not exist in the account or any	8670
other appropriation for emergencies or contingencies to pay the	8671
award, the attorney general shall request the general assembly to	8672
make an appropriation sufficient to pay the award, and no payment	8673
shall be made until the appropriation has been made. The attorney	8674
general shall make this appropriation request during the current	8675
biennium and during each succeeding biennium until a sufficient	8676
appropriation is made. If, prior to the time that an appropriation	8677
is made by the general assembly pursuant to this division, the	8678
fund has sufficient unencumbered funds to pay the award or part of	8679
the award, the available funds shall be used to pay the award or	8680
part of the award, and the appropriation request shall be amended	8681
to request only sufficient funds to pay that part of the award	8682
that is unpaid.	8683

(C) The attorney general shall not make payment on a decision	8684
or order granting an award until all appeals have been determined	8685
and all rights to appeal exhausted, except as otherwise provided	8686
in this section. If any party to a claim for an award of	8687
reparations appeals from only a portion of an award, and a	8688
remaining portion provides for the payment of money by the state,	8689
that part of the award calling for the payment of money by the	8690
state and not a subject of the appeal shall be processed for	8691
payment as described in this section.	8692

(D) The attorney general shall prepare itemized bills for the	8693
costs of printing and distributing the pamphlet the attorney	8694
general prepares pursuant to section 109.42 of the Revised Code.	8695
The itemized bills shall set forth the name and address of the	8696
persons owed the amounts set forth in them.	8697

(E) As used in this section, "DNA analysis" and "DNA	8698
specimen" have the same meanings as in section 109.573 of the	8699
Revised Code.	8700

Sec. 2907.28. (A) Any cost incurred by a hospital or	8701
emergency medical facility in conducting a medical examination of	8702
a victim of an offense under any provision of sections 2907.02 to	8703
2907.06 of the Revised Code for the purpose of gathering physical	8704
evidence for a possible prosecution, including the cost of any	8705
antibiotics administered as part of the examination and the cost	8706
of HIV post-exposure prophylaxis provided as part of the	8707
examination, shall be paid out of the reparations fund established	8708
pursuant to section 2743.191 of the Revised Code, subject to the	8709
following conditions:	8710

(1) The hospital or emergency facility shall follow a	8711
protocol for conducting such medical examinations that is	8712
identified by the attorney general in rule adopted in accordance	8713
with Chapter 119. of the Revised Code.	8714

(2) The hospital or emergency facility shall submit requests	8715
for payment to the attorney general on a monthly basis, through a	8716
procedure determined by the attorney general and on forms approved	8717
by the attorney general. The requests shall identify the number of	8718
sexual assault examinations performed and the number of sexual	8719
assault examinations in which HIV post-exposure prophylaxis was	8720
provided and shall verify that all required protocols were met for	8721
each examination form submitted for payment in the request.	8722

(3) The attorney general shall review all requests for	8723
payment that are submitted under division (A)(2) of this section	8724
and shall submit for payment as described in division (A)(5) of	8725
this section all requests that meet the requirements of this	8726
section.	8727

(4)(a) The hospital or emergency facility shall accept a flat	8728
fee payment for conducting each examination in the amount	8729
determined by the attorney general pursuant to Chapter 119. of the	8730
Revised Code as payment in full for any cost incurred in	8731
conducting a medical examination and test of a victim of an	8732
offense under any provision of sections 2907.02 to 2907.06 of the	8733
Revised Code for the purpose of gathering physical evidence for a	8734
possible prosecution of a person, other than the cost of providing	8735
HIV post-exposure prophylaxis. The attorney general shall	8736
determine a flat fee payment amount to be paid under this division	8737
that is reasonable.	8738

(b) The hospital or emergency facility shall accept a flat	8739
fee payment for providing HIV post-exposure prophylaxis in the	8740
amount determined by the attorney general pursuant to Chapter 119.	8741
of the Revised Code as payment in full for any cost incurred in	8742
providing HIV post-exposure prophylaxis while conducting a medical	8743
examination and test of a victim of an offense under any provision	8744
of sections 2907.02 to 2907.06 of the Revised Code for the purpose	8745
of gathering physical evidence for a possible prosecution of a	8746
person. The attorney general shall determine a reasonable flat fee	8747
payment amount to be paid under this division.	8748

(5) In approving a payment under this section, the attorney	8749
general shall order the payment against the state. The payment	8750
shall be accomplished only through the following procedure, and	8751
the procedure may be enforced through a mandamus action and a writ	8752
of mandamus directed to the appropriate official:	8753

(a) The attorney general shall provide for payment in the	8754
amount set forth in the order.	8755

(b) The expense of the payment of the amount described in	8756
this section shall be charged against all available unencumbered	8757
moneys in the reparations fund.	8758

(B) No costs incurred by a hospital or emergency facility in	8759
conducting a medical examination and test of any victim of an	8760
offense under any provision of sections 2907.02 to 2907.06 of the	8761
Revised Code for the purpose of gathering physical evidence for a	8762
possible prosecution of a person shall be billed or charged	8763
directly or indirectly to the victim or the victim's insurer.	8764

(C) Any cost incurred by a hospital or emergency medical	8765
facility in conducting a medical examination and test of any	8766
person who is charged with a violation of division (B) of section	8767
2903.11 or of section 2907.02, 2907.03, 2907.04, 2907.05, 2907.24,	8768
2907.241, or 2907.25 of the Revised Code or with a violation of a	8769
municipal ordinance that is substantially equivalent to that	8770
division or any of those sections, pursuant to division (B) of	8771
section 2907.27 of the Revised Code, shall be charged to and paid	8772
by the accused who undergoes the examination and test, unless the	8773
court determines that the accused is unable to pay, in which case	8774
the cost shall be charged to and paid by the municipal corporation	8775
in which the offense allegedly was committed, or charged to and	8776
paid by the county if the offense allegedly was committed within	8777
an unincorporated area. If separate counts of an alleged offense	8778
or alleged separate offenses under section 2907.02, 2907.03,	8779
2907.04, 2907.05, 2907.24, 2907.241, or 2907.25 of the Revised	8780
Code or under a municipal ordinance that is substantially	8781
equivalent to any of those sections took place in more than one	8782
municipal corporation or more than one unincorporated area, or	8783
both, the local governments shall share the cost of the	8784
examination and test. If a hospital or other emergency medical	8785
facility has submitted charges for the cost of a medical	8786
examination and test to an accused and has been unable to collect	8787
payment for the charges after making good faith attempts to	8788
collect for a period of six months or more, the cost shall be	8789
charged to and paid by the appropriate municipal corporation or	8790
county as specified in division (C) of this section.	8791

(D) As used in this section:

8792

(1) "AIDS" and "HIV" have the same meanings as in section	8793
3701.24 of the Revised Code.	8794

(2) "HIV post-exposure prophylaxis" means the administration	8795
of medicines to prevent AIDS or HIV infection following exposure	8796
to HIV.	8797

Sec. 2915.08. (A)(1) Annually before the first day of	8798
January, a charitable organization that desires to conduct bingo,	8799
instant bingo at a bingo session, or instant bingo other than at a	8800
bingo session shall make out, upon a form to be furnished by the	8801
attorney general for that purpose, an application for a license to	8802
conduct bingo, instant bingo at a bingo session, or instant bingo	8803
other than at a bingo session and deliver that application to the	8804
attorney general together with a license fee as follows:	8805

(a) Except as otherwise provided in this division, for a	8806
license for the conduct of bingo, two hundred dollars;	8807

(b) For a license for the conduct of instant bingo at a bingo	8808
session or instant bingo other than at a bingo session for a	8809
charitable organization that previously has not been licensed	8810
under this chapter to conduct instant bingo at a bingo session or	8811
instant bingo other than at a bingo session, a license fee of five	8812
hundred dollars, and for any other charitable organization, a	8813
license fee that is based upon the gross profits received by the	8814
charitable organization from the operation of instant bingo at a	8815
bingo session or instant bingo other than at a bingo session,	8816
during the one-year period ending on the thirty-first day of	8817
October of the year immediately preceding the year for which the	8818
license is sought, and that is one of the following:	8819

(i) Five hundred dollars, if the total is fifty thousand	8820
dollars or less;	8821

(ii) One thousand two hundred fifty dollars plus one-fourth	8822
per cent of the gross profit, if the total is more than fifty	8823
thousand dollars but less than two hundred fifty thousand one	8824
dollars;	8825

(iii) Two thousand two hundred fifty dollars plus one-half	8826
per cent of the gross profit, if the total is more than two	8827
hundred fifty thousand dollars but less than five hundred thousand	8828
one dollars;	8829

(iv) Three thousand five hundred dollars plus one per cent of	8830
the gross profit, if the total is more than five hundred thousand	8831
dollars but less than one million one dollars;	8832

(v) Five thousand dollars plus one per cent of the gross	8833
profit, if the total is one million one dollars or more;	8834

(c) A reduced license fee established by the attorney general	8835
pursuant to division (G) of this section.	8836

(d) For a license to conduct bingo for a charitable	8837
organization that prior to July 1, 2003, has not been licensed	8838
under this chapter to conduct bingo, instant bingo at a bingo	8839
session, or instant bingo other than at a bingo session, a license	8840
fee established by rule by the attorney general in accordance with	8841
division (H) of this section.	8842

(2) The application shall be in the form prescribed by the	8843
attorney general, shall be signed and sworn to by the applicant,	8844
and shall contain all of the following:	8845

(a) The name and post-office address of the applicant;

8846

(b) A statement that the applicant is a charitable	8847
organization and that it has been in continuous existence as a	8848
charitable organization in this state for two years immediately	8849
preceding the making of the application;	8850

(c) The location at which the organization will conduct	8851
bingo, which location shall be within the county in which the	8852
principal place of business of the applicant is located, the days	8853
of the week and the times on each of those days when bingo will be	8854
conducted, whether the organization owns, leases, or subleases the	8855
premises, and a copy of the rental agreement if it leases or	8856
subleases the premises;	8857

(d) A statement of the applicant's previous history, record,	8858
and association that is sufficient to establish that the applicant	8859
is a charitable organization, and a copy of a determination letter	8860
that is issued by the Internal Revenue Service and states that the	8861
organization is tax exempt under subsection 501(a) and described	8862
in subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8),	8863
501(c)(10), or 501(c)(19) of the Internal Revenue Code;	8864

(e) A statement as to whether the applicant has ever had any	8865
previous application refused, whether it previously has had a	8866
license revoked or suspended, and the reason stated by the	8867
attorney general for the refusal, revocation, or suspension;	8868

(f) A statement of the charitable purposes for which the net	8869
profit derived from bingo, other than instant bingo, will be used,	8870
and a statement of how the net profit derived from instant bingo	8871
will be distributed in accordance with section 2915.101 of the	8872
Revised Code;	8873

(g) Other necessary and reasonable information that the	8874
attorney general may require by rule adopted pursuant to section	8875
111.15 of the Revised Code;	8876

(h) If the applicant is a charitable trust as defined in	8877
section 109.23 of the Revised Code, a statement as to whether it	8878
has registered with the attorney general pursuant to section	8879
109.26 of the Revised Code or filed annual reports pursuant to	8880
section 109.31 of the Revised Code, and, if it is not required to	8881
do either, the exemption in section 109.26 or 109.31 of the	8882
Revised Code that applies to it;	8883

(i) If the applicant is a charitable organization as defined	8884
in section 1716.01 of the Revised Code, a statement as to whether	8885
it has filed with the attorney general a registration statement	8886
pursuant to section 1716.02 of the Revised Code and a financial	8887
report pursuant to section 1716.04 of the Revised Code, and, if it	8888
is not required to do both, the exemption in section 1716.03 of	8889
the Revised Code that applies to it;	8890

(j) In the case of an applicant seeking to qualify as a youth	8891
athletic park organization, a statement issued by a board or body	8892
vested with authority under Chapter 755. of the Revised Code for	8893
the supervision and maintenance of recreation facilities in the	8894
territory in which the organization is located, certifying that	8895
the playing fields owned by the organization were used for at	8896
least one hundred days during the year in which the statement is	8897
issued, and were open for use to all residents of that territory,	8898
regardless of race, color, creed, religion, sex, or national	8899
origin, for athletic activities by youth athletic organizations	8900
that do not discriminate on the basis of race, color, creed,	8901
religion, sex, or national origin, and that the fields were not	8902
used for any profit-making activity at any time during the year.	8903
That type of board or body is authorized to issue the statement	8904
upon request and shall issue the statement if it finds that the	8905
applicant's playing fields were so used.	8906

(3) The attorney general, within thirty days after receiving	8907
a timely filed application from a charitable organization that has	8908
been issued a license under this section that has not expired and	8909
has not been revoked or suspended, shall send a temporary permit	8910
to the applicant specifying the date on which the application was	8911
filed with the attorney general and stating that, pursuant to	8912
section 119.06 of the Revised Code, the applicant may continue to	8913
conduct bingo until a new license is granted or, if the	8914
application is rejected, until fifteen days after notice of the	8915
rejection is mailed to the applicant. The temporary permit does	8916
not affect the validity of the applicant's application and does	8917
not grant any rights to the applicant except those rights	8918
specifically granted in section 119.06 of the Revised Code. The	8919
issuance of a temporary permit by the attorney general pursuant to	8920
this division does not prohibit the attorney general from	8921
rejecting the applicant's application because of acts that the	8922
applicant committed, or actions that the applicant failed to take,	8923
before or after the issuance of the temporary permit.	8924

(4) Within thirty days after receiving an initial license	8925
application from a charitable organization to conduct bingo,	8926
instant bingo at a bingo session, or instant bingo other than at a	8927
bingo session, the attorney general shall conduct a preliminary	8928
review of the application and notify the applicant regarding any	8929
deficiencies. Once an application is deemed complete, or beginning	8930
on the thirtieth day after the application is filed, if the	8931
attorney general failed to notify the applicant of any	8932
deficiencies, the attorney general shall have an additional sixty	8933
days to conduct an investigation and either grant or deny the	8934
application based on findings established and communicated in	8935
accordance with divisions (B) and (E) of this section. As an	8936
option to granting or denying an initial license application, the	8937
attorney general may grant a temporary license and request	8938
additional time to conduct the investigation if the attorney	8939
general has cause to believe that additional time is necessary to	8940
complete the investigation and has notified the applicant in	8941
writing about the specific concerns raised during the	8942
investigation.	8943

(B)(1) The attorney general shall adopt rules to enforce	8944
sections 2915.01, 2915.02, and 2915.07 to 2915.13 of the Revised	8945
Code to ensure that bingo or instant bingo is conducted in	8946
accordance with those sections and to maintain proper control over	8947
the conduct of bingo or instant bingo. The rules, except rules	8948
adopted pursuant to divisions (A)(2)(g) and (G) of this section,	8949
shall be adopted pursuant to Chapter 119. of the Revised Code. The	8950
attorney general shall license charitable organizations to conduct	8951
bingo, instant bingo at a bingo session, or instant bingo other	8952
than at a bingo session in conformance with this chapter and with	8953
the licensing provisions of Chapter 119. of the Revised Code.	8954

(2) The attorney general may refuse to grant a license to any	8955
organization, or revoke or suspend the license of any	8956
organization, that does any of the following or to which any of	8957
the following applies:	8958

(a) Fails or has failed at any time to meet any requirement	8959
of section 109.26, 109.31, or 1716.02, or sections 2915.07 to	8960
2915.11 of the Revised Code, or violates or has violated any	8961
provision of sections 2915.02 or 2915.07 to 2915.13 of the Revised	8962
Code or any rule adopted by the attorney general pursuant to this	8963
section;	8964

(b) Makes or has made an incorrect or false statement that is	8965
material to the granting of the license in an application filed	8966
pursuant to division (A) of this section;	8967

(c) Submits or has submitted any incorrect or false	8968
information relating to an application if the information is	8969
material to the granting of the license;	8970

(d) Maintains or has maintained any incorrect or false	8971
information that is material to the granting of the license in the	8972
records required to be kept pursuant to divisions (A) and (C) of	8973
section 2915.10 of the Revised Code, if applicable;	8974

(e) The attorney general has good cause to believe that the	8975
organization will not conduct bingo, instant bingo at a bingo	8976
session, or instant bingo other than at a bingo session in	8977
accordance with sections 2915.07 to 2915.13 of the Revised Code or	8978
with any rule adopted by the attorney general pursuant to this	8979
section.	8980

(3) For the purposes of division (B) of this section, any	8981
action of an officer, trustee, agent, representative, or bingo	8982
game operator of an organization is an action of the organization.	8983

(C) The attorney general may grant licenses to charitable	8984
organizations that are branches, lodges, or chapters of national	8985
charitable organizations.	8986

(D) The attorney general shall send notice in writing to the	8987
prosecuting attorney and sheriff of the county in which the	8988
organization will conduct bingo, instant bingo at a bingo session,	8989
or instant bingo other than at a bingo session, as stated in its	8990
application for a license or amended license, and to any other law	8991
enforcement agency in that county that so requests, of all of the	8992
following:	8993

(1) The issuance of the license;

8994

(2) The issuance of the amended license;

8995

(3) The rejection of an application for and refusal to grant	8996
a license;	8997

(4) The revocation of any license previously issued;

8998

(5) The suspension of any license previously issued.

8999

(E) A license issued by the attorney general shall set forth	9000
the information contained on the application of the charitable	9001
organization that the attorney general determines is relevant,	9002
including, but not limited to, the location at which the	9003
organization will conduct bingo, instant bingo at a bingo session,	9004
or instant bingo other than at a bingo session and the days of the	9005
week and the times on each of those days when bingo will be	9006
conducted. If the attorney general refuses to grant or revokes or	9007
suspends a license, the attorney general shall notify the	9008
applicant in writing and specifically identify the reason for the	9009
refusal, revocation, or suspension in narrative form and, if	9010
applicable, by identifying the section of the Revised Code	9011
violated. The failure of the attorney general to give the written	9012
notice of the reasons for the refusal, revocation, or suspension	9013
or a mistake in the written notice does not affect the validity of	9014
the attorney general's refusal to grant, or the revocation or	9015
suspension of, a license. If the attorney general fails to give	9016
the written notice or if there is a mistake in the written notice,	9017
the applicant may bring an action to compel the attorney general	9018
to comply with this division or to correct the mistake, but the	9019
attorney general's order refusing to grant, or revoking or	9020
suspending, a license shall not be enjoined during the pendency of	9021
the action.	9022

(F) A charitable organization that has been issued a license	9023
pursuant to division (B) of this section but that cannot conduct	9024
bingo or instant bingo at the location, or on the day of the week	9025
or at the time, specified on the license due to circumstances that	9026
make it impractical to do so, or that desires to conduct instant	9027
bingo other than at a bingo session at additional locations not	9028
identified on the license, may apply in writing, together with an	9029
application fee of two hundred fifty dollars, to the attorney	9030
general, at least thirty days prior to a change in or addition of	9031
a location, day of the week, or time, and request an amended	9032
license. ~~The~~As applicable, the application shall describe the	9033
causes making it impractical for the organization to conduct bingo	9034
or instant bingo in conformity with its license and shall indicate	9035
the location, days of the week, and times on each of those days	9036
when it desires to conduct bingo or instant bingo and, as	9037
applicable, shall indicate the additional locations at which it	9038
desires to conduct instant bingo other than at a bingo session.	9039
Except as otherwise provided in this division, the attorney	9040
general shall issue the amended license in accordance with	9041
division (E) of this section, and the organization shall surrender	9042
its original license to the attorney general. The attorney general	9043
may refuse to grant an amended license according to the terms of	9044
division (B) of this section.	9045

(G) The attorney general, by rule adopted pursuant to section	9046
111.15 of the Revised Code, shall establish a schedule of reduced	9047
license fees for charitable organizations that desire to conduct	9048
bingo or instant bingo during fewer than twenty-six weeks in any	9049
calendar year.	9050

(H) The attorney general, by rule adopted pursuant to section	9051
111.15 of the Revised Code, shall establish license fees for the	9052
conduct of bingo, instant bingo at a bingo session, or instant	9053
bingo other than at a bingo session for charitable organizations	9054
that prior to July 1, 2003, have not been licensed to conduct	9055
bingo, instant bingo at a bingo session, or instant bingo other	9056
than at a bingo session under this chapter.	9057

(I) The attorney general may enter into a written contract	9058
with any other state agency to delegate to that state agency the	9059
powers prescribed to the attorney general under Chapter 2915. of	9060
the Revised Code.	9061

(J) The attorney general, by rule adopted pursuant to section	9062
111.15 of the Revised Code, may adopt rules to determine the	9063
requirements for a charitable organization that is exempt from	9064
federal income taxation under subsection 501(a) and described in	9065
subsection 501(c)(3) of the Internal Revenue Code to be in good	9066
standing in the state.	9067

Sec. 2929.20. (A) As used in this section:

9068

(1)(a) Except as provided in division (A)(1)(b) of this	9069
section, "eligible offender" means any person who, on or after	9070
April 7, 2009, is serving a stated prison term that includes one	9071
or more nonmandatory prison terms.	9072

(b) "Eligible offender" does not include any person who, on	9073
or after April 7, 2009, is serving a stated prison term for any of	9074
the following criminal offenses that was a felony and was	9075
committed while the person held a public office in this state:	9076

(i) A violation of section 2921.02, 2921.03, 2921.05,	9077
2921.31, 2921.32, 2921.41, 2921.42, or 2923.32 of the Revised	9078
Code;	9079

(ii) A violation of section 2913.42, 2921.04, 2921.11, or	9080
2921.12 of the Revised Code, when the conduct constituting the	9081
violation was related to the duties of the offender's public	9082
office or to the offender's actions as a public official holding	9083
that public office;	9084

(iii) A violation of an existing or former municipal	9085
ordinance or law of this or any other state or the United States	9086
that is substantially equivalent to any violation listed in	9087
division (A)(1)(b)(i) of this section;	9088

(iv) A violation of an existing or former municipal ordinance	9089
or law of this or any other state or the United States that is	9090
substantially equivalent to any violation listed in division	9091
(A)(1)(b)(ii) of this section, when the conduct constituting the	9092
violation was related to the duties of the offender's public	9093
office or to the offender's actions as a public official holding	9094
that public office;	9095

(v) A conspiracy to commit, attempt to commit, or complicity	9096
in committing any offense listed in division (A)(1)(b)(i) or	9097
described in division (A)(1)(b)(iii) of this section;	9098

(vi) A conspiracy to commit, attempt to commit, or complicity	9099
in committing any offense listed in division (A)(1)(b)(ii) or	9100
described in division (A)(1)(b)(iv) of this section, if the	9101
conduct constituting the offense that was the subject of the	9102
conspiracy, that would have constituted the offense attempted, or	9103
constituting the offense in which the offender was complicit was	9104
or would have been related to the duties of the offender's public	9105
office or to the offender's actions as a public official holding	9106
that public office.	9107

(2) "Nonmandatory prison term" means a prison term that is	9108
not a mandatory prison term.	9109

(3) "Public office" means any elected federal, state, or	9110
local government office in this state.	9111

(4) "Victim's representative" has the same meaning as in	9112
section 2930.01 of the Revised Code.	9113

(B) On the motion of an eligible offender or upon its own	9114
motion, the sentencing court may reduce the eligible offender's	9115
aggregated nonmandatory prison term or terms through a judicial	9116
release under this section.	9117

(C) An eligible offender may file a motion for judicial	9118
release with the sentencing court within the following applicable	9119
periods:	9120

(1) If the aggregated nonmandatory prison term or terms is	9121
less than two years, the eligible offender may file the motion not	9122
earlier than thirty days after the offender is delivered to a	9123
state correctional institution or, if the prison term includes a	9124
mandatory prison term or terms, not earlier than thirty days after	9125
the expiration of all mandatory prison terms.	9126

(2) If the aggregated nonmandatory prison term or terms is at	9127
least two years but less than five years, the eligible offender	9128
may file the motion not earlier than one hundred eighty days after	9129
the offender is delivered to a state correctional institution or,	9130
if the prison term includes a mandatory prison term or terms, not	9131
earlier than one hundred eighty days after the expiration of all	9132
mandatory prison terms.	9133

(3) If the aggregated nonmandatory prison term or terms is	9134
five years, the eligible offender may file the motion not earlier	9135
than four years after the eligible offender is delivered to a	9136
state correctional institution or, if the prison term includes a	9137
mandatory prison term or terms, not earlier than four years after	9138
the expiration of all mandatory prison terms.	9139

(4) If the aggregated nonmandatory prison term or terms is	9140
more than five years but not more than ten years, the eligible	9141
offender may file the motion not earlier than five years after the	9142
eligible offender is delivered to a state correctional institution	9143
or, if the prison term includes a mandatory prison term or terms,	9144
not earlier than five years after the expiration of all mandatory	9145
prison terms.	9146

(5) If the aggregated nonmandatory prison term or terms is	9147
more than ten years, the eligible offender may file the motion not	9148
earlier than the later of the date on which the offender has	9149
served one-half of the offender's stated prison term or the date	9150
specified in division (C)(4) of this section.	9151

(D) Upon receipt of a timely motion for judicial release	9152
filed by an eligible offender under division (C) of this section	9153
or upon the sentencing court's own motion made within the	9154
appropriate time specified in that division, the court may deny	9155
the motion without a hearing or schedule a hearing on the motion.	9156
The court shall not grant the motion without a hearing. If a court	9157
denies a motion without a hearing, the court later may consider	9158
judicial release for that eligible offender on a subsequent motion	9159
filed by that eligible offender ~~unless the court denies the motion~~	9160
~~with prejudice. If a court denies a motion with prejudice, the~~	9161
~~court may later consider judicial release~~or on its own motion. If	9162
a court denies a motion after a hearing, the court shall not	9163
consider amore than one subsequent motion for that eligible	9164
offender. The court shall not hold ~~only one hearing~~more than two	9165
hearings for any eligible offender.	9166

A hearing under this section shall be conducted in open court	9167
not less than thirty or more than sixty days after the motion is	9168
filed, provided that the court may delay the hearing for one	9169
hundred eighty additional days. If the court holds a hearing, the	9170
court shall enter a ruling on the motion within ten days after the	9171
hearing. If the court denies the motion without a hearing, the	9172
court shall enter its ruling on the motion within sixty days after	9173
the motion is filed.	9174

(E) If a court schedules a hearing under division (D) of this	9175
section, the court shall notify the eligible offender and the head	9176
of the state correctional institution in which the eligible	9177
offender is confined prior to the hearing. The head of the state	9178
correctional institution immediately shall notify the appropriate	9179
person at the department of rehabilitation and correction of the	9180
hearing, and the department within twenty-four hours after receipt	9181
of the notice, shall post on the database it maintains pursuant to	9182
section 5120.66 of the Revised Code the offender's name and all of	9183
the information specified in division (A)(1)(c)(i) of that	9184
section. If the court schedules a hearing for judicial release,	9185
the court promptly shall give notice of the hearing to the	9186
prosecuting attorney of the county in which the eligible offender	9187
was indicted. Upon receipt of the notice from the court, the	9188
prosecuting attorney shall do whichever of the following is	9189
applicable:	9190

(1) Subject to division (E)(2) of this section, notify the	9191
victim of the offense or the victim's representative pursuant to	9192
division (B) of section 2930.16 of the Revised Code;	9193

(2) If the offense was an offense of violence that is a	9194
felony of the first, second, or third degree, except as otherwise	9195
provided in this division, notify the victim or the victim's	9196
representative of the hearing regardless of whether the victim or	9197
victim's representative has requested the notification. The notice	9198
of the hearing shall not be given under this division to a victim	9199
or victim's representative if the victim or victim's	9200
representative has requested pursuant to division (B)(2) of	9201
section 2930.03 of the Revised Code that the victim or the	9202
victim's representative not be provided the notice. If notice is	9203
to be provided to a victim or victim's representative under this	9204
division, the prosecuting attorney may give the notice by any	9205
reasonable means, including regular mail, telephone, and	9206
electronic mail, in accordance with division (D)(1) of section	9207
2930.16 of the Revised Code. If the notice is based on an offense	9208
committed prior to ~~the effective date of this amendment~~March 22,	9209
2013, the notice also shall include the opt-out information	9210
described in division (D)(1) of section 2930.16 of the Revised	9211
Code. The prosecuting attorney, in accordance with division (D)(2)	9212
of section 2930.16 of the Revised Code, shall keep a record of all	9213
attempts to provide the notice, and of all notices provided, under	9214
this division. Division (E)(2) of this section, and the	9215
notice-related provisions of division (K) of this section,	9216
division (D)(1) of section 2930.16, division (H) of section	9217
2967.12, division (E)(1)(b) of section 2967.19, division (A)(3)(b)	9218
of section 2967.26, division (D)(1) of section 2967.28, and	9219
division (A)(2) of section 5149.101 of the Revised Code enacted in	9220
the act in which division (E)(2) of this section was enacted,	9221
shall be known as "Roberta's Law."	9222

(F) Upon an offender's successful completion of	9223
rehabilitative activities, the head of the state correctional	9224
institution may notify the sentencing court of the successful	9225
completion of the activities.	9226

(G) Prior to the date of the hearing on a motion for judicial	9227
release under this section, the head of the state correctional	9228
institution in which the eligible offender is confined shall send	9229
to the court an institutional summary report on the eligible	9230
offender's conduct in the institution and in any institution from	9231
which the eligible offender may have been transferred. Upon the	9232
request of the prosecuting attorney of the county in which the	9233
eligible offender was indicted or of any law enforcement agency,	9234
the head of the state correctional institution, at the same time	9235
the person sends the institutional summary report to the court,	9236
also shall send a copy of the report to the requesting prosecuting	9237
attorney and law enforcement agencies. The institutional summary	9238
report shall cover the eligible offender's participation in	9239
school, vocational training, work, treatment, and other	9240
rehabilitative activities and any disciplinary action taken	9241
against the eligible offender. The report shall be made part of	9242
the record of the hearing.	9243

(H) If the court grants a hearing on a motion for judicial	9244
release under this section, the eligible offender shall attend the	9245
hearing if ordered to do so by the court. Upon receipt of a copy	9246
of the journal entry containing the order, the head of the state	9247
correctional institution in which the eligible offender is	9248
incarcerated shall deliver the eligible offender to the sheriff of	9249
the county in which the hearing is to be held. The sheriff shall	9250
convey the eligible offender to and from the hearing.	9251

(I) At the hearing on a motion for judicial release under	9252
this section, the court shall afford the eligible offender and the	9253
eligible offender's attorney an opportunity to present written	9254
and, if present, oral information relevant to the motion. The	9255
court shall afford a similar opportunity to the prosecuting	9256
attorney, the victim or the victim's representative, and any other	9257
person the court determines is likely to present additional	9258
relevant information. The court shall consider any statement of a	9259
victim made pursuant to section 2930.14 or 2930.17 of the Revised	9260
Code, any victim impact statement prepared pursuant to section	9261
2947.051 of the Revised Code, and any report made under division	9262
(G) of this section. The court may consider any written statement	9263
of any person submitted to the court pursuant to division (L) of	9264
this section. After ruling on the motion, the court shall notify	9265
the victim of the ruling in accordance with sections 2930.03 and	9266
2930.16 of the Revised Code.	9267

(J)(1) A court shall not grant a judicial release under this	9268
section to an eligible offender who is imprisoned for a felony of	9269
the first or second degree, or to an eligible offender who	9270
committed an offense under Chapter 2925. or 3719. of the Revised	9271
Code and for whom there was a presumption under section 2929.13 of	9272
the Revised Code in favor of a prison term, unless the court, with	9273
reference to factors under section 2929.12 of the Revised Code,	9274
finds both of the following:	9275

(a) That a sanction other than a prison term would adequately	9276
punish the offender and protect the public from future criminal	9277
violations by the eligible offender because the applicable factors	9278
indicating a lesser likelihood of recidivism outweigh the	9279
applicable factors indicating a greater likelihood of recidivism;	9280

(b) That a sanction other than a prison term would not demean	9281
the seriousness of the offense because factors indicating that the	9282
eligible offender's conduct in committing the offense was less	9283
serious than conduct normally constituting the offense outweigh	9284
factors indicating that the eligible offender's conduct was more	9285
serious than conduct normally constituting the offense.	9286

(2) A court that grants a judicial release to an eligible	9287
offender under division (J)(1) of this section shall specify on	9288
the record both findings required in that division and also shall	9289
list all the factors described in that division that were	9290
presented at the hearing.	9291

(K) If the court grants a motion for judicial release under	9292
this section, the court shall order the release of the eligible	9293
offender, shall place the eligible offender under an appropriate	9294
community control sanction, under appropriate conditions, and	9295
under the supervision of the department of probation serving the	9296
court and shall reserve the right to reimpose the sentence that it	9297
reduced if the offender violates the sanction. If the court	9298
reimposes the reduced sentence, it may do so either concurrently	9299
with, or consecutive to, any new sentence imposed upon the	9300
eligible offender as a result of the violation that is a new	9301
offense. The period of community control shall be no longer than	9302
five years. The court, in its discretion, may reduce the period of	9303
community control by the amount of time the eligible offender	9304
spent in jail or prison for the offense and in prison. If the	9305
court made any findings pursuant to division (J)(1) of this	9306
section, the court shall serve a copy of the findings upon counsel	9307
for the parties within fifteen days after the date on which the	9308
court grants the motion for judicial release.	9309

If the court grants a motion for judicial release, the court	9310
shall notify the appropriate person at the department of	9311
rehabilitation and correction, and the department shall post	9312
notice of the release on the database it maintains pursuant to	9313
section 5120.66 of the Revised Code. The court also shall notify	9314
the prosecuting attorney of the county in which the eligible	9315
offender was indicted that the motion has been granted. Unless the	9316
victim or the victim's representative has requested pursuant to	9317
division (B)(2) of section 2930.03 of the Revised Code that the	9318
victim or victim's representative not be provided the notice, the	9319
prosecuting attorney shall notify the victim or the victim's	9320
representative of the judicial release in any manner, and in	9321
accordance with the same procedures, pursuant to which the	9322
prosecuting attorney is authorized to provide notice of the	9323
hearing pursuant to division (E)(2) of this section. If the notice	9324
is based on an offense committed prior to ~~the effective date of~~	9325
~~this amendment~~March 22, 2013, the notice to the victim or	9326
victim's representative also shall include the opt-out information	9327
described in division (D)(1) of section 2930.16 of the Revised	9328
Code.	9329

(L) In addition to and independent of the right of a victim	9330
to make a statement pursuant to section 2930.14, 2930.17, or	9331
2946.051 of the Revised Code and any right of a person to present	9332
written information or make a statement pursuant to division (I)	9333
of this section, any person may submit to the court, at any time	9334
prior to the hearing on the offender's motion for judicial	9335
release, a written statement concerning the effects of the	9336
offender's crime or crimes, the circumstances surrounding the	9337
crime or crimes, the manner in which the crime or crimes were	9338
perpetrated, and the person's opinion as to whether the offender	9339
should be released.	9340

(M) The changes to this section that are made on September	9341
30, 2011, apply to any judicial release decision made on or after	9342
September 30, 2011, for any eligible offender.	9343

Sec. 2935.012. No peace officer shall issue a citation for,	9344
or arrest any person for, a violation of Title XLV of the Revised	9345
Code if the peace officer does not receive an hourly rate of pay	9346
or a salary from a law enforcement agency.	9347

For purposes of this section, "law enforcement agency" means	9348
an organization or unit made up of peace officers.	9349

Sec. 2945.402. (A) In approving a conditional release, the	9350
trial court may set any conditions on the release with respect to	9351
the treatment, evaluation, counseling, or control of the defendant	9352
or person that the court considers necessary to protect the public	9353
safety and the welfare of the defendant or person. The trial court	9354
may revoke a defendant's or person's conditional release and order	9355
reinstatement of the previous placement or reinstitutionalization	9356
at any time the conditions of the release have not been satisfied,	9357
provided that the revocation shall be in accordance with this	9358
section.	9359

(B) A conditional release is a commitment. The hearings on	9360
continued commitment as described in section 2945.401 of the	9361
Revised Code apply to a defendant or person on conditional	9362
release.	9363

(C) A person, agency, or facility that is assigned to monitor	9364
a defendant or person on conditional release immediately shall	9365
notify the trial court on learning that the defendant or person	9366
being monitored has violated the terms of the conditional release.	9367
Upon learning of any violation of the terms of the conditional	9368
release, the trial court may issue a temporary order of detention	9369
or, if necessary, an arrest warrant for the defendant or person.	9370
Within ten court days after the defendant's or person's detention	9371
or arrest, the trial court shall conduct a hearing to determine	9372
whether the conditional release should be modified or terminated.	9373
At the hearing, the defendant or person shall have the same rights	9374
as are described in division (C) of section 2945.40 of the Revised	9375
Code. The trial court may order a continuance of the ten-court-day	9376
period for no longer than ten days for good cause shown or for any	9377
period on motion of the defendant or person. If the trial court	9378
fails to conduct the hearing within the ten-court-day period and	9379
does not order a continuance in accordance with this division, the	9380
defendant or person shall be restored to the prior conditional	9381
release status.	9382

(D) The trial court shall give all parties reasonable notice	9383
of a hearing conducted under this section. At the hearing, the	9384
prosecutor shall present the case demonstrating that the defendant	9385
or person violated the terms of the conditional release. If the	9386
court finds by a preponderance of the evidence that the defendant	9387
or person violated the terms of the conditional release, the court	9388
may continue, modify, or terminate the conditional release and	9389
shall enter its order accordingly.	9390

(E)(1) If a court approves a conditional release, the court	9391
shall report the approval and information pertaining to the	9392
release to the local law enforcement agency. The local law	9393
enforcement agency shall enter the approval and information into	9394
the national crime information center supervised release file	9395
through the law enforcement automated data system. The information	9396
required by divisions (E)(1)(c) and (d) of this section shall be	9397
entered into the file's miscellaneous field. The information	9398
reported and entered shall include all of the following:	9399

(a) The name of the court providing the information;

9400

(b) The offense or offenses with which the defendant or	9401
person was charged;	9402

(c) Whether the person was found not guilty by reason of	9403
insanity or incompetent to stand trial with no substantial	9404
probability of becoming competent even with a course of treatment;	9405

(d) The reason for the conditional release;

9406

(e) Any other information required for the entry of	9407
information into the national crime information center supervised	9408
release file.	9409

(2) Information entered into the national crime information	9410
center supervised release file pursuant to this section shall	9411
remain in the file until the termination of the conditional	9412
release or commitment.	9413

(3) If a defendant or person about whom information is	9414
entered into the national crime information center supervised	9415
release file pursuant to division (E)(1) of this section has	9416
contact with a law enforcement agency after the information is	9417
entered, the agency shall report the contact to the department of	9418
mental health and addiction services and, if the terms of the	9419
release require the defendant or person to receive mental health	9420
treatment, to the person, office, or agency providing the	9421
treatment.	9422

(4) As used in division (E) of this section, "local law	9423
enforcement agency" means the police department of a municipal	9424
corporation in which the offense with which a releasee was charged	9425
allegedly occurred or, if the offense did not allegedly occur in a	9426
municipal corporation, the sheriff of the county in which the	9427
offense allegedly occurred.	9428

Sec. 3123.89. (A) Subject to section 3770.071 of the Revised	9429
Code, a child support enforcement agency that determines that an	9430
obligor who is the recipient of a lottery prize award is subject	9431
to a final and enforceable determination of default made under	9432
sections 3123.01 to 3123.07 of the Revised Code shall issue an	9433
intercept directive to the director of the state lottery	9434
commission. A copy of this intercept directive shall be sent to	9435
the obligor.	9436

(B) The intercept directive shall require the director or the	9437
director's designee to transmit an amount or amounts from the	9438
proceeds of the specified lottery prize award to the office of	9439
child support in the department of job and family services. The	9440
intercept directive also shall contain all of the following	9441
information:	9442

(1) The name, address, and social security number or taxpayer	9443
identification number of the obligor;	9444

(2) A statement that the obligor has been determined to be in	9445
default under a support order;	9446

(3) The amount of the arrearage owed by the obligor as	9447
determined by the agency.	9448

(C) After receipt of an intercept directive and in accordance	9449
with section 3770.071 of the Revised Code, the director or the	9450
director's designee shall deduct the amount or amounts specified	9451
from the proceeds of the lottery prize award referred to in the	9452
directive and transmit the amounts to the office of child support.	9453

(D) The department of job and family services shall develop	9454
and implement a real time data match program with the state	9455
lottery commission and its lottery sales agents and lottery agents	9456
to identify obligors who are subject to a final and enforceable	9457
determination of default made under sections 3123.01 to 3123.07 of	9458
the Revised Code in accordance with section 3770.071 of the	9459
Revised Code.	9460

(E) Upon the data match program's implementation, the	9461
department, in consultation with the commission, shall promulgate	9462
rules to facilitate withholding, in appropriate circumstances, by	9463
the commission or its lottery sales agents or lottery agents of an	9464
amount sufficient to satisfy any past due support owed by an	9465
obligor from a lottery prize award owed to the obligor up to the	9466
amount of the award. The rules shall describe an expedited method	9467
for withholding, and the time frame for transmission of the amount	9468
withheld to the department.	9469

Sec. 3123.90. (A) As used in this section, "casino	9470
facility," "casino operator," and "management company" have the	9471
meanings defined in section 3772.01 of the Revised Code.	9472

(B) The department of job and family services shall develop	9473
and implement a real time data match program with each casino	9474
facility's casino operator or management company to identify	9475
obligors who are subject to a final and enforceable determination	9476
of default made under sections 3123.01 to 3123.07 of the Revised	9477
Code.	9478

(C) Upon the data match program's implementation, if a	9479
person's winnings at a casino facility are an amount for which	9480
reporting to the internal revenue service of the amount is	9481
required by section 6041 of the Internal Revenue Code, as amended,	9482
the casino operator or management company shall refer to the data	9483
match program to determine if the person entitled to the winnings	9484
is in default under a support order. If the data match program	9485
indicates that the person is in default, the casino operator or	9486
management company shall withhold from the person's winnings an	9487
amount sufficient to satisfy any past due support owed by the	9488
obligor identified in the data match up to the amount of the	9489
winnings.	9490

(D) Not later than seven days after withholding the amount,	9491
the casino operator or management company shall transmit any	9492
amount withheld to the department as payment on the support	9493
obligation.	9494

(E) The department, in consultation with the Ohio casino	9495
control commission, may adopt rules under Chapter 119. of the	9496
Revised Code as are necessary for implementation of this section.	9497

Sec. 3302.15. (A) Notwithstanding anything to the contrary	9498
in Chapter 3301. or 3302. of the Revised Code, the board of	9499
education of a school district may submit to the superintendent of	9500
public instruction a request for a waiver for up to five school	9501
years from administering the state achievement assessments	9502
required under sections 3301.0710 and 3301.0712 of the Revised	9503
Code and related requirements specified under division (C)(2) of	9504
this section. A district that obtains a waiver under this section	9505
shall use the alternative assessment system, as proposed by the	9506
district or school and as approved by the state superintendent, in	9507
place of the assessments required under sections 3301.0710 and	9508
3301.0712 of the Revised Code.	9509

(B) To be eligible to submit a request for a waiver under	9510
this section, a school district shall be a member of the Ohio	9511
innovation lab network.	9512

(C)(1) A request for a waiver under this section shall	9513
contain the following:	9514

(a) A timeline to develop and implement an alternative	9515
assessment system for the school district;	9516

(b) An overview of the proposed educational programs or	9517
strategies to be offered by the school district;	9518

(c) An overview of the proposed alternative assessment	9519
system, including links to state-accepted and nationally accepted	9520
metrics, assessments, and evaluations;	9521

(d) An overview of planning details that have been	9522
implemented or proposed and any documented support from	9523
educational networks, established educational consultants, state	9524
institutions of higher education as defined under section 3345.011	9525
of the Revised Code, and employers or workforce development	9526
partners;	9527

(e) An overview of the capacity to implement the alternative	9528
assessments, conduct the evaluation of teachers with alternative	9529
assessments, and the reporting of student achievement data with	9530
alternative assessments for the purpose the report card ratings	9531
prescribed under section 3302.03 of the Revised Code, all of which	9532
shall include any prior success in implementing innovative	9533
educational programs or strategies, teaching practices, or	9534
assessment practices;	9535

(f) An acknowledgement by the school district of federal	9536
funding that may be impacted by obtaining a waiver.	9537

(2) The request for a waiver shall indicate the extent to	9538
which exemptions from state or federal requirements regarding the	9539
administration of the assessments required under sections	9540
3301.0710 and 3301.0712 of the Revised Code are sought. Such items	9541
from which a school district may be exempt are as follows:	9542

(a) The required administration of state assessments under	9543
sections 3301.0710 and 3301.0712 of the Revised Code;	9544

(b) The evaluation of teachers and administrators under	9545
sections 3311.80, 3311.84, division (D) of 3319.02, and 3319.111	9546
of the Revised Code;	9547

(c) The reporting of student achievement data for the purpose	9548
of the report card ratings prescribed under section 3302.03 of the	9549
Revised Code.	9550

(D) Each request for a waiver shall include the signature of	9551
all of the following:	9552

(1) The superintendent of the school district;

9553

(2) The president of the district board;

9554

(3) The presiding officer of the labor organization	9555
representing the district's teachers, if any;	9556

(4) If the district's teachers are not represented by a labor	9557
organization, the principal and a majority of the administrators	9558
and teachers of the district.	9559

(E) Not later than thirty days after receiving a request for	9560
a waiver, the state superintendent shall approve or deny the	9561
waiver or may request additional information from the district.	9562
The state superintendent shall not grant waivers to more than ten	9563
school districts. A waiver granted to a school district shall be	9564
contingent on an ongoing review and evaluation by the state	9565
superintendent of the program for which the waiver was granted.	9566

(F)(1) For the purpose of this section, the department of	9567
education shall seek a waiver from the testing requirements	9568
prescribed under the "No Child Left Behind Act of 2001," if	9569
necessary to implement this section.	9570

(2) The department shall create a mechanism for the	9571
comparison of the alternative assessments prescribed under	9572
division (C) of this section and the assessments required under	9573
sections 3301.0710 and 3301.0712 of the Revised Code as it relates	9574
to the evaluation of teachers and student achievement data for the	9575
purpose of state report card ratings.	9576

Sec. 3303.41. (A) There is hereby created the governor's	9577
council on people with disabilities. The council shall consist of	9578
twenty-one members of which the majority shall be people with	9579
disabilities as defined in this section, appointed by the governor	9580
for a term of three years except that for initial appointments,	9581
seven members shall be appointed for a term of one year, seven	9582
members shall be appointed for a term of two years, and seven	9583
members shall be appointed for a term of three years. Members may	9584
succeed themselves not more than one time. A member shall continue	9585
in office subsequent to the expiration of the member's term until	9586
the member's successor takes office. The governor shall ~~annually~~	9587
appoint a chairperson ~~who may~~to serve a two-year term. The	9588
chairperson shall not succeed himself or herself ~~not more than~~	9589
~~one time~~as chairperson. The chairperson shall continue in office	9590
subsequent to the expiration of the chairperson's term until the	9591
chairperson's successor takes office. Members of the council shall	9592
serve without compensation, but shall be paid the actual and	9593
necessary expenses they incur in the performance of their duties.	9594

(B) The council shall meet at least six times annually at	9595
such times and places as may be designated by the chairperson.	9596

(C) The ~~governor's council on people with disabilities shall~~	9597
~~be assigned to~~executive director of the opportunities for Ohioans	9598
with disabilities agency ~~for administrative purposes. The~~	9599
~~executive director of the opportunities for Ohioans with~~	9600
~~disabilities agency~~ shall ~~assign one~~provide the council with both	9601
of the following:	9602

(1) One professional staff person ~~to the council~~ to serve as	9603
executive secretary ~~and other personnel as determined advisable~~of	9604
the council;	9605

(2) Any meeting space, office furniture, and equipment that	9606
are necessary for the council to fulfill its duties.	9607

(D) The council shall have the following powers:

9608

~~(A)~~(1) To cooperate with the president's committee on	9609
employment of the handicapped;	9610

~~(B)~~(2) To cooperate with all employers both public and	9611
private in locating or developing employment opportunities for	9612
people with disabilities;	9613

~~(C)~~(3) To encourage and assist in the creation of committees	9614
at the community level;	9615

~~(D)~~(4) To assist local, state, and federal agencies to	9616
coordinate their activities for the purpose of securing maximum	9617
utilization of funds and efforts that benefit people with	9618
disabilities;	9619

~~(E)~~(5) To encourage cooperation among public and private	9620
employers, unions, and rehabilitation agencies, bureaus, and	9621
organizations both public and private with a specific goal to	9622
facilitate employment of people with disabilities;	9623

~~(F)~~(6) To serve in an advisory capacity to the governor's	9624
office directly and as needed to the general assembly on issues	9625
relating to the needs, problems, and other concerns of people with	9626
disabilities;	9627

~~(G)~~(7) To conduct educational programs to acquaint the public	9628
with the abilities and accomplishments of people with	9629
disabilities;	9630

~~(H)~~(8) To promote the elimination of architectural barriers	9631
to make buildings used by the public accessible and useable by	9632
persons with physical limitations;	9633

~~(I)~~(9) To make such rules as it determines advisable for the	9634
conduct of its own business.	9635

(E) The council shall annually report to the governor on	9636
council activities and on the state of the people of this state	9637
with disabilities. This report may include any recommendations	9638
believed necessary or desirable to carry out the purposes of this	9639
section.	9640

(F) As used in this section, "person with a disability" means	9641
any individual who has a disability or condition that, regardless	9642
of its physical or mental origin, imposes a functional limitation.	9643

(G) It shall be lawful for any public employee or officer to	9644
serve as a member of the council.	9645

Sec. 3313.351. The attorney general may educate school	9646
districts about contracting with any entity that provides students	9647
with account-based access to a web site or an online service,	9648
including electronic mail.	9649

Sec. 3313.372. (A) As used in this section, "energy	9650
conservation measure" means an installation or modification of an	9651
installation in, or remodeling of, a building, to reduce energy	9652
consumption. It includes:	9653

(1) Insulation of the building structure and systems within	9654
the building;	9655

(2) Storm windows and doors, multiglazed windows and doors,	9656
heat absorbing or heat reflective glazed and coated window and	9657
door systems, additional glazing, reductions in glass area, and	9658
other window and door system modifications that reduce energy	9659
consumption;	9660

(3) Automatic energy control systems;

9661

(4) Heating, ventilating, or air conditioning system	9662
modifications or replacements;	9663

(5) Caulking and weatherstripping;

9664

(6) Replacement or modification of lighting fixtures to	9665
increase the energy efficiency of the system without increasing	9666
the overall illumination of a facility, unless such increase in	9667
illumination is necessary to conform to the applicable state or	9668
local building code for the proposed lighting system;	9669

(7) Energy recovery systems;

9670

(8) Cogeneration systems that produce steam or forms of	9671
energy such as heat, as well as electricity, for use primarily	9672
within a building or complex of buildings;	9673

(9) Any other modification, installation, or remodeling	9674
approved by the Ohio school facilities commission as an energy	9675
conservation measure.	9676

(B) A board of education of a city, exempted village, local,	9677
or joint vocational school district may enter into an installment	9678
payment contract for the purchase and installation of energy	9679
conservation measures. The provisions of such installment payment	9680
contracts dealing with interest charges and financing terms shall	9681
not be subject to the competitive bidding requirements of section	9682
3313.46 of the Revised Code, and shall be on the following terms:	9683

(1) Not less than one-fifteenth of the costs thereof shall be	9684
paid within two years from the date of purchase.	9685

(2) The remaining balance of the costs thereof shall be paid	9686
within fifteen years from the date of purchase.	9687

The provisions of any installment payment contract entered	9688
into pursuant to this section shall provide that all payments,	9689
except payments for repairs and obligations on termination of the	9690
contract prior to its expiration, be stated as a percentage of	9691
calculated energy, water, or waste water cost savings, avoided	9692
operating costs, and avoided capital costs attributable to the one	9693
or more measures over a defined period of time. Those payments	9694
shall be made only to the extent that the savings described in	9695
this division actually occur. The ~~contractor~~energy services	9696
company shall warrant and guarantee that the energy conservation	9697
measures shall realize guaranteed savings and shall be responsible	9698
to pay an amount equal to any savings shortfall.	9699

An installment payment contract entered into by a board of	9700
education under this section shall require the board to contract	9701
in accordance with division (A) of section 3313.46 of the Revised	9702
Code for the installation, modification, or remodeling of energy	9703
conservation measures unless division (A) of section 3313.46 of	9704
the Revised Code does not apply pursuant to division (B)(3) of	9705
that section.	9706

(C) If a board of education determines that a surety bond is	9707
necessary to secure energy, water, or waste water cost savings	9708
guaranteed in a contract entered into by the board of education	9709
under this section, the energy services company shall provide a	9710
surety bond that satisfies all of the following requirements:	9711

(1) The penal sum of the surety bond for the first guarantee	9712
year shall equal the amount of savings included in the annual	9713
guaranteed savings amount that is measured and calculated in	9714
accordance with the measurement and verification plan included in	9715
the contract, but may not include guaranteed savings that are not	9716
measured or that are stipulated in the contract. The annual	9717
guaranteed savings amount shall include only the savings	9718
guaranteed in the contract for the one-year term that begins on	9719
the first day of the first savings guarantee year and may not	9720
include amounts from subsequent years.	9721

(2) The surety bond shall have a term of not more than one	9722
year unless renewed. At the option of the board of education, the	9723
surety bond may be renewed for one or two additional terms, each	9724
term not to exceed one year. The surety bond may not be renewed or	9725
extended so that it is in effect for more than three consecutive	9726
years.	9727

In the event of a renewal, the penal sum of the surety bond	9728
for each renewed year shall be revised so that the penal sum	9729
equals the annual guaranteed savings amount for such renewal year	9730
that is measured and calculated in accordance with the measurement	9731
and verification plan included in the contract, but may not	9732
include guaranteed savings that are not measured or that are	9733
stipulated in the contract. Regardless of the number of renewals	9734
of the bond, the aggregate liability under each renewed bond may	9735
not exceed the penal sum stated in the renewal certificate for the	9736
applicable renewal year.	9737

(3) The surety bond for the first year shall be issued within	9738
thirty days of the commencement of the first savings guarantee	9739
year under the contract.	9740

In the event of renewal, the surety shall deliver to the	9741
board of education a renewal certificate reflecting the revised	9742
penal sum within thirty days of the board of education's request.	9743
The board of education shall deliver the request for renewal not	9744
less than thirty days prior to the expiration date of the surety	9745
bond then in existence. A surety bond furnished pursuant to	9746
section 153.54 of the Revised Code shall not secure obligations	9747
related to energy, water, or waste water cost savings as	9748
referenced in division (C) of this section.	9749

(D) The board may issue the notes of the school district	9750
signed by the president and the treasurer of the board and	9751
specifying the terms of the purchase and securing the deferred	9752
payments provided in this section, payable at the times provided	9753
and bearing interest at a rate not exceeding the rate determined	9754
as provided in section 9.95 of the Revised Code. The notes may	9755
contain an option for prepayment and shall not be subject to	9756
Chapter 133. of the Revised Code. In the resolution authorizing	9757
the notes, the board may provide, without the vote of the electors	9758
of the district, for annually levying and collecting taxes in	9759
amounts sufficient to pay the interest on and retire the notes,	9760
except that the total net indebtedness of the district without a	9761
vote of the electors incurred under this and all other sections of	9762
the Revised Code, except section 3318.052 of the Revised Code,	9763
shall not exceed one per cent of the district's tax valuation.	9764
Revenues derived from local taxes or otherwise, for the purpose of	9765
conserving energy or for defraying the current operating expenses	9766
of the district, may be applied to the payment of interest and the	9767
retirement of such notes. The notes may be sold at private sale or	9768
given to the ~~contractor~~energy services company under the	9769
installment payment contract authorized by division (B) of this	9770
section.	9771

~~(D)~~(E) Debt incurred under this section shall not be included	9772
in the calculation of the net indebtedness of a school district	9773
under section 133.06 of the Revised Code.	9774

~~(E)~~(F) No school district board shall enter into an	9775
installment payment contract under division (B) of this section	9776
unless it first obtains a report of the costs of the energy	9777
conservation measures and the savings thereof as described under	9778
division (G) of section 133.06 of the Revised Code as a	9779
requirement for issuing energy securities, makes a finding that	9780
the amount spent on such measures is not likely to exceed the	9781
amount of money it would save in energy costs and resultant	9782
operational and maintenance costs as described in that division,	9783
except that that finding shall cover the ensuing fifteen years,	9784
and the Ohio school facilities commission determines that the	9785
district board's findings are reasonable and approves the contract	9786
as described in that division.	9787

The district board shall monitor the savings and maintain a	9788
report of those savings, which shall be submitted to the	9789
commission in the same manner as required by division (G) of	9790
section 133.06 of the Revised Code in the case of energy	9791
securities.	9792

Sec. 3313.902. (A) As used in this section:

9793

(1) "Approved industry credential or certificate" means a	9794
credential or certificate that is approved by the chancellor of	9795
the Ohio board of regents.	9796

(2) "Eligible institution" means any of the following:

9797

(a) A community college established under Chapter 3354. of	9798
the Revised Code;	9799

(b) A technical college established under Chapter 3357. of	9800
the Revised Code;	9801

(c) A state community college established under Chapter 3358.	9802
of the Revised Code;	9803

(d) An Ohio technical center recognized by the chancellor	9804
that provides post-secondary workforce education.	9805

(3) "Eligible student" means an individual who is at least	9806
twenty-two years of age and has not received a high school diploma	9807
or a certificate of high school equivalence, as defined in section	9808
4109.06 of the Revised Code.	9809

(B) The adult career opportunity pilot program is hereby	9810
established to permit an eligible institution to obtain approval	9811
from the state board of education and the chancellor to develop	9812
and offer a program of study that allows an eligible student to	9813
obtain a high school diploma. A program shall be eligible for this	9814
approval if it satisfies all of the following requirements:	9815

(1) The program allows an eligible student to complete the	9816
requirements for obtaining a high school diploma while completing	9817
requirements for an approved industry credential or certificate.	9818

(2) The program includes career advising and outreach.

9819

(3) The program includes opportunities for students to	9820
receive a competency-based education.	9821

(C) The superintendent of public instruction, in consultation	9822
with the chancellor, shall adopt rules for the implementation of	9823
the adult career opportunity pilot program, including the	9824
requirements for applying for program approval.	9825

Sec. 3314.08. (A) As used in this section:

9826

(1)(a) "Category one career-technical education student"	9827
means a student who is receiving the career-technical education	9828
services described in division (A) of section 3317.014 of the	9829
Revised Code.	9830

(b) "Category two career-technical student" means a student	9831
who is receiving the career-technical education services described	9832
in division (B) of section 3317.014 of the Revised Code.	9833

(c) "Category three career-technical student" means a student	9834
who is receiving the career-technical education services described	9835
in division (C) of section 3317.014 of the Revised Code.	9836

(d) "Category four career-technical student" means a student	9837
who is receiving the career-technical education services described	9838
in division (D) of section 3317.014 of the Revised Code.	9839

(e) "Category five career-technical education student" means	9840
a student who is receiving the career-technical education services	9841
described in division (E) of section 3317.014 of the Revised Code.	9842

(2)(a) "Category one limited English proficient student"	9843
means a limited English proficient student described in division	9844
(A) of section 3317.016 of the Revised Code.	9845

(b) "Category two limited English proficient student" means a	9846
limited English proficient student described in division (B) of	9847
section 3317.016 of the Revised Code.	9848

(c) "Category three limited English proficient student" means	9849
a limited English proficient student described in division (C) of	9850
section 3317.016 of the Revised Code.	9851

(3)(a) "Category one special education student" means a	9852
student who is receiving special education services for a	9853
disability specified in division (A) of section 3317.013 of the	9854
Revised Code.	9855

(b) "Category two special education student" means a student	9856
who is receiving special education services for a disability	9857
specified in division (B) of section 3317.013 of the Revised Code.	9858

(c) "Category three special education student" means a	9859
student who is receiving special education services for a	9860
disability specified in division (C) of section 3317.013 of the	9861
Revised Code.	9862

(d) "Category four special education student" means a student	9863
who is receiving special education services for a disability	9864
specified in division (D) of section 3317.013 of the Revised Code.	9865

(e) "Category five special education student" means a student	9866
who is receiving special education services for a disability	9867
specified in division (E) of section 3317.013 of the Revised Code.	9868

(f) "Category six special education student" means a student	9869
who is receiving special education services for a disability	9870
specified in division (F) of section 3317.013 of the Revised Code.	9871

(4) "Formula amount" has the same meaning as in section	9872
3317.02 of the Revised Code.	9873

(5) "IEP" has the same meaning as in section 3323.01 of the	9874
Revised Code.	9875

(6) "Resident district" means the school district in which a	9876
student is entitled to attend school under section 3313.64 or	9877
3313.65 of the Revised Code.	9878

(7) "State education aid" has the same meaning as in section	9879
5751.20 of the Revised Code.	9880

(B) The state board of education shall adopt rules requiring	9881
both of the following:	9882

(1) The board of education of each city, exempted village,	9883
and local school district to annually report the number of	9884
students entitled to attend school in the district who are	9885
enrolled in each grade kindergarten through twelve in a community	9886
school established under this chapter, and for each child, the	9887
community school in which the child is enrolled.	9888

(2) The governing authority of each community school	9889
established under this chapter to annually report all of the	9890
following:	9891

(a) The number of students enrolled in grades one through	9892
twelve and the full-time equivalent number of students enrolled in	9893
kindergarten in the school who are not receiving special education	9894
and related services pursuant to an IEP;	9895

(b) The number of enrolled students in grades one through	9896
twelve and the full-time equivalent number of enrolled students in	9897
kindergarten, who are receiving special education and related	9898
services pursuant to an IEP;	9899

(c) The number of students reported under division (B)(2)(b)	9900
of this section receiving special education and related services	9901
pursuant to an IEP for a disability described in each of divisions	9902
(A) to (F) of section 3317.013 of the Revised Code;	9903

(d) The full-time equivalent number of students reported	9904
under divisions (B)(2)(a) and (b) of this section who are enrolled	9905
in career-technical education programs or classes described in	9906
each of divisions (A) to (E) of section 3317.014 of the Revised	9907
Code that are provided by the community school;	9908

(e) ~~Twenty per cent of the~~The number of students reported	9909
under divisions (B)(2)(a) and (b) of this section who are not	9910
reported under division (B)(2)(d) of this section but who are	9911
enrolled in career-technical education programs or classes	9912
described in each of divisions (A) to (E) of section 3317.014 of	9913
the Revised Code at a joint vocational school district or another	9914
district in the career-technical planning district to which the	9915
school is assigned;	9916

(f) The number of students reported under divisions (B)(2)(a)	9917
and (b) of this section who are category one to three limited	9918
English proficient students described in each of divisions (A) to	9919
(C) of section 3317.016 of the Revised Code;	9920

(g) The number of students reported under divisions (B)(2)(a)	9921
and (b) who are economically disadvantaged, as defined by the	9922
department. A student shall not be categorically excluded from the	9923
number reported under division (B)(2)(g) of this section based on	9924
anything other than family income.	9925

(h) For each student, the city, exempted village, or local	9926
school district in which the student is entitled to attend school	9927
under section 3313.64 or 3313.65 of the Revised Code.	9928

A school district board and a community school governing	9929
authority shall include in their respective reports under division	9930
(B) of this section any child admitted in accordance with division	9931
(A)(2) of section 3321.01 of the Revised Code.	9932

A governing authority of a community school shall not include	9933
in its report under division (B)(2) of this section any student	9934
for whom tuition is charged under division (F) of this section.	9935

(C)(1) Except as provided in division (C)(2) of this section,	9936
and subject to divisions (C)(3), (4), (5), (6), and (7) of this	9937
section, on a full-time equivalency basis, for each student	9938
enrolled in a community school established under this chapter, the	9939
department of education annually shall deduct from the state	9940
education aid of a student's resident district and, if necessary,	9941
from the payment made to the district under sections 321.24 and	9942
323.156 of the Revised Code and pay to the community school the	9943
sum of the following:	9944

(a) An opportunity grant in an amount equal to the formula	9945
amount;	9946

(b) The per pupil amount of targeted assistance funds	9947
calculated under division (A) of section 3317.0217 of the Revised	9948
Code for the student's resident district, as determined by the	9949
department, X 0.25;	9950

(c) Additional state aid for special education and related	9951
services provided under Chapter 3323. of the Revised Code as	9952
follows:	9953

(i) If the student is a category one special education	9954
student, the amount specified in division (A) of section 3317.013	9955
of the Revised Code;	9956

(ii) If the student is a category two special education	9957
student, the amount specified in division (B) of section 3317.013	9958
of the Revised Code;	9959

(iii) If the student is a category three special education	9960
student, the amount specified in division (C) of section 3317.013	9961
of the Revised Code;	9962

(iv) If the student is a category four special education	9963
student, the amount specified in division (D) of section 3317.013	9964
of the Revised Code;	9965

(v) If the student is a category five special education	9966
student, the amount specified in division (E) of section 3317.013	9967
of the Revised Code;	9968

(vi) If the student is a category six special education	9969
student, the amount specified in division (F) of section 3317.013	9970
of the Revised Code.	9971

(d) If the student is in kindergarten through third grade, an	9972
additional amount of $211, in fiscal year 2014, and $290, in	9973
fiscal year 2015;	9974

(e) If the student is economically disadvantaged, an	9975
additional amount equal to the following:	9976

($269, in fiscal year 2014, or $272, in fiscal year 2015) X	9977
(the resident district's economically disadvantaged index)	9978

(f) Limited English proficiency funds as follows:

9979

(i) If the student is a category one limited English	9980
proficient student, the amount specified in division (A) of	9981
section 3317.016 of the Revised Code;	9982

(ii) If the student is a category two limited English	9983
proficient student, the amount specified in division (B) of	9984
section 3317.016 of the Revised Code;	9985

(iii) If the student is a category three limited English	9986
proficient student, the amount specified in division (C) of	9987
section 3317.016 of the Revised Code.	9988

(g) ~~Career-technical~~If the student is reported under	9989
division (B)(2)(d) of this section, career-technical education	9990
funds as follows:	9991

(i) If the student is a category one career-technical	9992
education student, the amount specified in division (A) of section	9993
3317.014 of the Revised Code;	9994

(ii) If the student is a category two career-technical	9995
education student, the amount specified in division (B) of section	9996
3317.014 of the Revised Code;	9997

(iii) If the student is a category three career-technical	9998
education student, the amount specified in division (C) of section	9999
3317.014 of the Revised Code;	10000

(iv) If the student is a category four career-technical	10001
education student, the amount specified in division (D) of section	10002
3317.014 of the Revised Code;	10003

(v) If the student is a category five career-technical	10004
education student, the amount specified in division (E) of section	10005
3317.014 of the Revised Code.	10006

Deduction and payment of funds under division (C)(1)(g) of	10007
this section is subject to approval by the lead district of a	10008
career-technical planning district or the department of education	10009
under section 3317.161 of the Revised Code.	10010

(2) When deducting from the state education aid of a	10011
student's resident district for students enrolled in an internet-	10012
or computer-based community school and making payments to such	10013
school under this section, the department shall make the	10014
deductions and payments described in only divisions (C)(1)(a),	10015
(c), and (g) of this section.	10016

No deductions or payments shall be made for a student	10017
enrolled in such school under division (C)(1)(b), (d), (e), or (f)	10018
of this section.	10019

(3)(a) If a community school's costs for a fiscal year for a	10020
student receiving special education and related services pursuant	10021
to an IEP for a disability described in divisions (B) to (F) of	10022
section 3317.013 of the Revised Code exceed the threshold	10023
catastrophic cost for serving the student as specified in division	10024
(B) of section 3317.0214 of the Revised Code, the school may	10025
submit to the superintendent of public instruction documentation,	10026
as prescribed by the superintendent, of all its costs for that	10027
student. Upon submission of documentation for a student of the	10028
type and in the manner prescribed, the department shall pay to the	10029
community school an amount equal to the school's costs for the	10030
student in excess of the threshold catastrophic costs.	10031

(b) The community school shall report under division	10032
(C)(3)(a) of this section, and the department shall pay for, only	10033
the costs of educational expenses and the related services	10034
provided to the student in accordance with the student's	10035
individualized education program. Any legal fees, court costs, or	10036
other costs associated with any cause of action relating to the	10037
student may not be included in the amount.	10038

(4) In any fiscal year, a community school receiving funds	10039
under division (C)(1)(g) of this section shall spend those funds	10040
only for the purposes that the department designates as approved	10041
for career-technical education expenses. Career-technical	10042
~~educational~~education expenses approved by the department shall	10043
include only expenses connected to the delivery of	10044
career-technical programming to career-technical students. The	10045
department shall require the school to report data annually so	10046
that the department may monitor the school's compliance with the	10047
requirements regarding the manner in which funding received under	10048
division (C)(1)(g) of this section may be spent.	10049

(5) All funds received under division (C)(1)(g) of this	10050
section shall be spent in the following manner:	10051

(a) At least seventy-five per cent of the funds shall be	10052
spent on curriculum development, purchase, and implementation;	10053
instructional resources and supplies; industry-based program	10054
certification; student assessment, credentialing, and placement;	10055
curriculum specific equipment purchases and leases;	10056
career-technical student organization fees and expenses; home and	10057
agency linkages; work-based learning experiences; professional	10058
development; and other costs directly associated with	10059
career-technical education programs including development of new	10060
programs.	10061

(b) Not more than twenty-five per cent of the funds shall be	10062
used for personnel expenditures.	10063

(6) A community school shall spend the funds it receives	10064
under division (C)(1)(e) of this section in accordance with	10065
section 3317.25 of the Revised Code.	10066

(7) If the sum of the payments computed under ~~division~~	10067
divisions (C)(1) and (8)(a) of this section for the students	10068
entitled to attend school in a particular school district under	10069
sections 3313.64 and 3313.65 of the Revised Code exceeds the sum	10070
of that district's state education aid and its payment under	10071
sections 321.24 and 323.156 of the Revised Code, the department	10072
shall calculate and apply a proration factor to the payments to	10073
all community schools under that division for the students	10074
entitled to attend school in that district.	10075

(8)(a) Subject to division (C)(7) of this section, the	10076
department annually shall pay to each community school, including	10077
each internet- or computer-based community school, an amount equal	10078
to the following:	10079

(The number of students reported by the community school	10080
under division (B)(2)(e) of this section X the formula amount X	10081
.20)	10082

(b) For each payment made to a community school under	10083
division (C)(8)(a) of this section, the department shall deduct	10084
from the state education aid of each city, local, and exempted	10085
village school district and, if necessary, from the payment made	10086
to the district under sections 321.24 and 323.156 of the Revised	10087
Code an amount equal to the following:	10088

(The number of the district's students reported by the	10089
community school under division (B)(2)(e) of this section X the	10090
formula amount X .20)	10091

(D) A board of education sponsoring a community school may	10092
utilize local funds to make enhancement grants to the school or	10093
may agree, either as part of the contract or separately, to	10094
provide any specific services to the community school at no cost	10095
to the school.	10096

(E) A community school may not levy taxes or issue bonds	10097
secured by tax revenues.	10098

(F) No community school shall charge tuition for the	10099
enrollment of any student who is a resident of this state. A	10100
community school may charge tuition for the enrollment of any	10101
student who is not a resident of this state.	10102

(G)(1)(a) A community school may borrow money to pay any	10103
necessary and actual expenses of the school in anticipation of the	10104
receipt of any portion of the payments to be received by the	10105
school pursuant to division (C) of this section. The school may	10106
issue notes to evidence such borrowing. The proceeds of the notes	10107
shall be used only for the purposes for which the anticipated	10108
receipts may be lawfully expended by the school.	10109

(b) A school may also borrow money for a term not to exceed	10110
fifteen years for the purpose of acquiring facilities.	10111

(2) Except for any amount guaranteed under section 3318.50 of	10112
the Revised Code, the state is not liable for debt incurred by the	10113
governing authority of a community school.	10114

(H) The department of education shall adjust the amounts	10115
subtracted and paid under division (C) of this section to reflect	10116
any enrollment of students in community schools for less than the	10117
equivalent of a full school year. The state board of education	10118
within ninety days after April 8, 2003, shall adopt in accordance	10119
with Chapter 119. of the Revised Code rules governing the payments	10120
to community schools under this section including initial payments	10121
in a school year and adjustments and reductions made in subsequent	10122
periodic payments to community schools and corresponding	10123
deductions from school district accounts as provided under	10124
division (C) of this section. For purposes of this section:	10125

(1) A student shall be considered enrolled in the community	10126
school for any portion of the school year the student is	10127
participating at a college under Chapter 3365. of the Revised	10128
Code.	10129

(2) A student shall be considered to be enrolled in a	10130
community school for the period of time beginning on the later of	10131
the date on which the school both has received documentation of	10132
the student's enrollment from a parent and the student has	10133
commenced participation in learning opportunities as defined in	10134
the contract with the sponsor, or thirty days prior to the date on	10135
which the student is entered into the education management	10136
information system established under section 3301.0714 of the	10137
Revised Code. For purposes of applying this division and divisions	10138
(H)(3) and (4) of this section to a community school student,	10139
"learning opportunities" shall be defined in the contract, which	10140
shall describe both classroom-based and non-classroom-based	10141
learning opportunities and shall be in compliance with criteria	10142
and documentation requirements for student participation which	10143
shall be established by the department. Any student's instruction	10144
time in non-classroom-based learning opportunities shall be	10145
certified by an employee of the community school. A student's	10146
enrollment shall be considered to cease on the date on which any	10147
of the following occur:	10148

(a) The community school receives documentation from a parent	10149
terminating enrollment of the student.	10150

(b) The community school is provided documentation of a	10151
student's enrollment in another public or private school.	10152

(c) The community school ceases to offer learning	10153
opportunities to the student pursuant to the terms of the contract	10154
with the sponsor or the operation of any provision of this	10155
chapter.	10156

Except as otherwise specified in this paragraph, beginning in	10157
the 2011-2012 school year, any student who completed the prior	10158
school year in an internet- or computer-based community school	10159
shall be considered to be enrolled in the same school in the	10160
subsequent school year until the student's enrollment has ceased	10161
as specified in division (H)(2) of this section. The department	10162
shall continue subtracting and paying amounts for the student	10163
under division (C) of this section without interruption at the	10164
start of the subsequent school year. However, if the student	10165
without a legitimate excuse fails to participate in the first one	10166
hundred five consecutive hours of learning opportunities offered	10167
to the student in that subsequent school year, the student shall	10168
be considered not to have re-enrolled in the school for that	10169
school year and the department shall recalculate the payments to	10170
the school for that school year to account for the fact that the	10171
student is not enrolled.	10172

(3) The department shall determine each community school	10173
student's percentage of full-time equivalency based on the	10174
percentage of learning opportunities offered by the community	10175
school to that student, reported either as number of hours or	10176
number of days, is of the total learning opportunities offered by	10177
the community school to a student who attends for the school's	10178
entire school year. However, no internet- or computer-based	10179
community school shall be credited for any time a student spends	10180
participating in learning opportunities beyond ten hours within	10181
any period of twenty-four consecutive hours. Whether it reports	10182
hours or days of learning opportunities, each community school	10183
shall offer not less than nine hundred twenty hours of learning	10184
opportunities during the school year.	10185

(4) With respect to the calculation of full-time equivalency	10186
under division (H)(3) of this section, the department shall waive	10187
the number of hours or days of learning opportunities not offered	10188
to a student because the community school was closed during the	10189
school year due to disease epidemic, hazardous weather conditions,	10190
law enforcement emergencies, inoperability of school buses or	10191
other equipment necessary to the school's operation, damage to a	10192
school building, or other temporary circumstances due to utility	10193
failure rendering the school building unfit for school use, so	10194
long as the school was actually open for instruction with students	10195
in attendance during that school year for not less than the	10196
minimum number of hours required by this chapter. The department	10197
shall treat the school as if it were open for instruction with	10198
students in attendance during the hours or days waived under this	10199
division.	10200

(I) The department of education shall reduce the amounts paid	10201
under this section to reflect payments made to colleges under	10202
division (B) of section 3365.07 of the Revised Code or through	10203
alternative funding agreements entered into under rules adopted	10204
under section 3365.12 of the Revised Code.	10205

(J)(1) No student shall be considered enrolled in any	10206
internet- or computer-based community school or, if applicable to	10207
the student, in any community school that is required to provide	10208
the student with a computer pursuant to division (C) of section	10209
3314.22 of the Revised Code, unless both of the following	10210
conditions are satisfied:	10211

(a) The student possesses or has been provided with all	10212
required hardware and software materials and all such materials	10213
are operational so that the student is capable of fully	10214
participating in the learning opportunities specified in the	10215
contract between the school and the school's sponsor as required	10216
by division (A)(23) of section 3314.03 of the Revised Code;	10217

(b) The school is in compliance with division (A) of section	10218
3314.22 of the Revised Code, relative to such student.	10219

(2) In accordance with policies adopted jointly by the	10220
superintendent of public instruction and the auditor of state, the	10221
department shall reduce the amounts otherwise payable under	10222
division (C) of this section to any community school that includes	10223
in its program the provision of computer hardware and software	10224
materials to any student, if such hardware and software materials	10225
have not been delivered, installed, and activated for each such	10226
student in a timely manner or other educational materials or	10227
services have not been provided according to the contract between	10228
the individual community school and its sponsor.	10229

The superintendent of public instruction and the auditor of	10230
state shall jointly establish a method for auditing any community	10231
school to which this division pertains to ensure compliance with	10232
this section.	10233

The superintendent, auditor of state, and the governor shall	10234
jointly make recommendations to the general assembly for	10235
legislative changes that may be required to assure fiscal and	10236
academic accountability for such schools.	10237

(K)(1) If the department determines that a review of a	10238
community school's enrollment is necessary, such review shall be	10239
completed and written notice of the findings shall be provided to	10240
the governing authority of the community school and its sponsor	10241
within ninety days of the end of the community school's fiscal	10242
year, unless extended for a period not to exceed thirty additional	10243
days for one of the following reasons:	10244

(a) The department and the community school mutually agree to	10245
the extension.	10246

(b) Delays in data submission caused by either a community	10247
school or its sponsor.	10248

(2) If the review results in a finding that additional	10249
funding is owed to the school, such payment shall be made within	10250
thirty days of the written notice. If the review results in a	10251
finding that the community school owes moneys to the state, the	10252
following procedure shall apply:	10253

(a) Within ten business days of the receipt of the notice of	10254
findings, the community school may appeal the department's	10255
determination to the state board of education or its designee.	10256

(b) The board or its designee shall conduct an informal	10257
hearing on the matter within thirty days of receipt of such an	10258
appeal and shall issue a decision within fifteen days of the	10259
conclusion of the hearing.	10260

(c) If the board has enlisted a designee to conduct the	10261
hearing, the designee shall certify its decision to the board. The	10262
board may accept the decision of the designee or may reject the	10263
decision of the designee and issue its own decision on the matter.	10264

(d) Any decision made by the board under this division is	10265
final.	10266

(3) If it is decided that the community school owes moneys to	10267
the state, the department shall deduct such amount from the	10268
school's future payments in accordance with guidelines issued by	10269
the superintendent of public instruction.	10270

(L) The department shall not subtract from a school	10271
district's state aid account and shall not pay to a community	10272
school under division (C) of this section any amount for any of	10273
the following:	10274

(1) Any student who has graduated from the twelfth grade of a	10275
public or nonpublic high school;	10276

(2) Any student who is not a resident of the state;

10277

(3) Any student who was enrolled in the community school	10278
during the previous school year when assessments were administered	10279
under section 3301.0711 of the Revised Code but did not take one	10280
or more of the assessments required by that section and was not	10281
excused pursuant to division (C)(1) or (3) of that section, unless	10282
the superintendent of public instruction grants the student a	10283
waiver from the requirement to take the assessment and a parent is	10284
not paying tuition for the student pursuant to section 3314.26 of	10285
the Revised Code. The superintendent may grant a waiver only for	10286
good cause in accordance with rules adopted by the state board of	10287
education.	10288

(4) Any student who has attained the age of twenty-two years,	10289
except for veterans of the armed services whose attendance was	10290
interrupted before completing the recognized twelve-year course of	10291
the public schools by reason of induction or enlistment in the	10292
armed forces and who apply for enrollment in a community school	10293
not later than four years after termination of war or their	10294
honorable discharge. If, however, any such veteran elects to	10295
enroll in special courses organized for veterans for whom tuition	10296
is paid under federal law, or otherwise, the department shall not	10297
subtract from a school district's state aid account and shall not	10298
pay to a community school under division (C) of this section any	10299
amount for that veteran.	10300

Sec. 3317.02. As used in this chapter:

10301

(A)(1) "Category one career-technical education ADM" means	10302
the enrollment of students during the school year on a full-time	10303
equivalency basis in career-technical education programs described	10304
in division (A) of section 3317.014 of the Revised Code and	10305
certified under division (B)(11) or (D)(2)(h) of section 3317.03	10306
of the Revised Code.	10307

(2) "Category two career-technical education ADM" means the	10308
enrollment of students during the school year on a full-time	10309
equivalency basis in career-technical education programs described	10310
in division (B) of section 3317.014 of the Revised Code and	10311
certified under division (B)(12) or (D)(2)(i) of section 3317.03	10312
of the Revised Code.	10313

(3) "Category three career-technical education ADM" means the	10314
enrollment of students during the school year on a full-time	10315
equivalency basis in career-technical education programs described	10316
in division (C) of section 3317.014 of the Revised Code and	10317
certified under division (B)(13) or (D)(2)(j) of section 3317.03	10318
of the Revised Code.	10319

(4) "Category four career-technical education ADM" means the	10320
enrollment of students during the school year on a full-time	10321
equivalency basis in career-technical education programs described	10322
in division (D) of section 3317.014 of the Revised Code and	10323
certified under division (B)(14) or (D)(2)(k) of section 3317.03	10324
of the Revised Code.	10325

(5) "Category five career-technical education ADM" means the	10326
enrollment of students during the school year on a full-time	10327
equivalency basis in career-technical education programs described	10328
in division (E) of section 3317.014 of the Revised Code and	10329
certified under division (B)(15) or (D)(2)(l) of section 3317.03	10330
of the Revised Code.	10331

(B)(1) "Category one limited English proficient ADM" means	10332
the full-time equivalent number of limited English proficient	10333
students described in division (A) of section 3317.016 of the	10334
Revised Code and certified under division (B)(16) or (D)(2)(m) of	10335
section 3317.03 of the Revised Code.	10336

(2) "Category two limited English proficient ADM" means the	10337
full-time equivalent number of limited English proficient students	10338
described in division (B) of section 3317.016 of the Revised Code	10339
and certified under division (B)(17) or (D)(2)(n) of section	10340
3317.03 of the Revised Code.	10341

(3) "Category three limited English proficient ADM" means the	10342
full-time equivalent number of limited English proficient students	10343
described in division (C) of section 3317.016 of the Revised Code	10344
and certified under division (B)(18) or (D)(2)(o) of section	10345
3317.03 of the Revised Code.	10346

(C)(1) "Category one special education ADM" means the	10347
full-time equivalent number of children with disabilities	10348
receiving special education services for the disability specified	10349
in division (A) of section 3317.013 of the Revised Code and	10350
certified under division (B)(5) or (D)(2)(b) of section 3317.03 of	10351
the Revised Code.	10352

(2) "Category two special education ADM" means the full-time	10353
equivalent number of children with disabilities receiving special	10354
education services for those disabilities specified in division	10355
(B) of section 3317.013 of the Revised Code and certified under	10356
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	10357
Code.	10358

(3) "Category three special education ADM" means the	10359
full-time equivalent number of students receiving special	10360
education services for those disabilities specified in division	10361
(C) of section 3317.013 of the Revised Code, and certified under	10362
division (B)(7) or (D)(2)(d) of section 3317.03 of the Revised	10363
Code.	10364

(4) "Category four special education ADM" means the full-time	10365
equivalent number of students receiving special education services	10366
for those disabilities specified in division (D) of section	10367
3317.013 of the Revised Code and certified under division (B)(8)	10368
or (D)(2)(e) of section 3317.03 of the Revised Code.	10369

(5) "Category five special education ADM" means the full-time	10370
equivalent number of students receiving special education services	10371
for the disabilities specified in division (E) of section 3317.013	10372
of the Revised Code and certified under division (B)(9) or	10373
(D)(2)(f) of section 3317.03 of the Revised Code.	10374

(6) "Category six special education ADM" means the full-time	10375
equivalent number of students receiving special education services	10376
for the disabilities specified in division (F) of section 3317.013	10377
of the Revised Code and certified under division (B)(10) or	10378
(D)(2)(g) of section 3317.03 of the Revised Code.	10379

(D) "County DD board" means a county board of developmental	10380
disabilities.	10381

(E) "Economically disadvantaged index for a school district"	10382
means the square of the quotient of that district's percentage of	10383
students in its total ADM who are identified as economically	10384
disadvantaged as defined by the department of education, divided	10385
by the statewide percentage of students identified as economically	10386
disadvantaged.	10387

(F)(1) "Formula ADM" means, for a city, local, or exempted	10388
village school district, the enrollment reported under division	10389
(A) of section 3317.03 of the Revised Code, as verified by the	10390
superintendent of public instruction and adjusted if so ordered	10391
under division (K) of that section, and as further adjusted by	10392
~~counting~~the department of education, as follows:	10393

(a) Count only twenty per cent of the number of joint	10394
vocational school district students counted under division (A)(3)	10395
of section 3317.03 of the Revised Code;	10396

(b) Add twenty per cent of the number of students who are	10397
entitled to attend school in the district under section 3313.64 or	10398
3313.65 of the Revised Code and are enrolled in another school	10399
district under a career-technical education compact.	10400

(2) "Formula ADM" means, for a joint vocational school	10401
district, the final number verified by the superintendent of	10402
public instruction, based on the enrollment reported and certified	10403
under division (D) of section 3317.03 of the Revised Code, as	10404
adjusted, if so ordered, under division (K) of that section.	10405

(G) "Formula amount" means $5,745, for fiscal year 2014, and	10406
$5,800, for fiscal year 2015.	10407

(H) "FTE basis" means a count of students based on full-time	10408
equivalency, in accordance with rules adopted by the department of	10409
education pursuant to section 3317.03 of the Revised Code. In	10410
adopting its rules under this division, the department shall	10411
provide for counting any student in category one, two, three,	10412
four, five, or six special education ADM or in category one, two,	10413
three, four, or five career technical education ADM in the same	10414
proportion the student is counted in formula ADM.	10415

(I) "Internet- or computer-based community school" has the	10416
same meaning as in section 3314.02 of the Revised Code.	10417

(J) "Medically fragile child" means a child to whom all of	10418
the following apply:	10419

(1) The child requires the services of a doctor of medicine	10420
or osteopathic medicine at least once a week due to the	10421
instability of the child's medical condition.	10422

(2) The child requires the services of a registered nurse on	10423
a daily basis.	10424

(3) The child is at risk of institutionalization in a	10425
hospital, skilled nursing facility, or intermediate care facility	10426
for individuals with intellectual disabilities.	10427

(K)(1) A child may be identified as having an "other health	10428
impairment-major" if the child's condition meets the definition of	10429
"other health impaired" established in rules previously adopted by	10430
the state board of education and if either of the following apply:	10431

(a) The child is identified as having a medical condition	10432
that is among those listed by the superintendent of public	10433
instruction as conditions where a substantial majority of cases	10434
fall within the definition of "medically fragile child."	10435

(b) The child is determined by the superintendent of public	10436
instruction to be a medically fragile child. A school district	10437
superintendent may petition the superintendent of public	10438
instruction for a determination that a child is a medically	10439
fragile child.	10440

(2) A child may be identified as having an "other health	10441
impairment-minor" if the child's condition meets the definition of	10442
"other health impaired" established in rules previously adopted by	10443
the state board of education but the child's condition does not	10444
meet either of the conditions specified in division (K)(1)(a) or	10445
(b) of this section.	10446

(L) "Preschool child with a disability" means a child with a	10447
disability, as defined in section 3323.01 of the Revised Code, who	10448
is at least age three but is not of compulsory school age, as	10449
defined in section 3321.01 of the Revised Code, and who is not	10450
currently enrolled in kindergarten.	10451

(M) "Preschool scholarship ADM" means the number of preschool	10452
children with disabilities certified under division (B)(3)(h) of	10453
section 3317.03 of the Revised Code.	10454

(N) "Related services" includes:

10455

(1) Child study, special education supervisors and	10456
coordinators, speech and hearing services, adaptive physical	10457
development services, occupational or physical therapy, teacher	10458
assistants for children with disabilities whose disabilities are	10459
described in division (B) of section 3317.013 or division (B)(3)	10460
of this section, behavioral intervention, interpreter services,	10461
work study, nursing services, and specialized integrative services	10462
as those terms are defined by the department;	10463

(2) Speech and language services provided to any student with	10464
a disability, including any student whose primary or only	10465
disability is a speech and language disability;	10466

(3) Any related service not specifically covered by other	10467
state funds but specified in federal law, including but not	10468
limited to, audiology and school psychological services;	10469

(4) Any service included in units funded under former	10470
division (O)(1) of section 3317.024 of the Revised Code;	10471

(5) Any other related service needed by children with	10472
disabilities in accordance with their individualized education	10473
programs.	10474

(O) "School district," unless otherwise specified, means	10475
city, local, and exempted village school districts.	10476

(P) "State education aid" has the same meaning as in section	10477
5751.20 of the Revised Code.	10478

(Q) "State share index" means the state share index	10479
calculated for a district under section 3317.017 of the Revised	10480
Code.	10481

(R) "Taxes charged and payable" means the taxes charged and	10482
payable against real and public utility property after making the	10483
reduction required by section 319.301 of the Revised Code, plus	10484
the taxes levied against tangible personal property.	10485

(S) "Total ADM" means, for a city, local, or exempted village	10486
school district, the enrollment reported under division (A) of	10487
section 3317.03 of the Revised Code, as verified by the	10488
superintendent of public instruction and adjusted if so ordered	10489
under division (K) of that section.	10490

(T) "Total special education ADM" means the sum of categories	10491
one through six special education ADM.	10492

(U) "Total taxable value" means the sum of the amounts	10493
certified for a city, local, exempted village, or joint vocational	10494
school district under divisions (A)(1) and (2) of section 3317.021	10495
of the Revised Code.	10496

Sec. 3317.0217. Payment of the amount calculated for a school	10497
district under this section shall be made under division (A) of	10498
section 3317.022 of the Revised Code.	10499

(A) The department of education shall annually compute	10500
targeted assistance funds to school districts, as follows:	10501

(1) Calculate the local wealth per pupil of each school	10502
district, which equals the following sum:	10503

(a) One-half times the quotient of (i) the district's	10504
three-year average valuation divided by (ii) its formula ADM; plus	10505

(b) One-half times the quotient of (i) the average of the	10506
total federal adjusted gross income of the school district's	10507
residents for the three years most recently reported under section	10508
3317.021 of the Revised Code divided by (ii) its formula ADM.	10509

(2) Rank all school districts in order of local wealth per	10510
pupil, from the district with the lowest local wealth per pupil to	10511
the district with the highest local wealth per pupil.	10512

(3) Compute the statewide wealth per pupil, which equals the	10513
following sum:	10514

(a) One-half times the quotient of (i) the sum of the	10515
three-year average valuations for all school districts divided by	10516
(ii) the sum of formula ADM counts for all ~~schools~~school	10517
districts; plus	10518

(b) One-half times the quotient of (i) the sum of the	10519
three-year average total federal adjusted gross incomes for all	10520
school districts divided by (ii) the sum of formula ADM counts for	10521
all school districts.	10522

(4) Compute each district's wealth index by dividing the	10523
statewide wealth per pupil by the district's local wealth per	10524
pupil.	10525

(5) Compute the per pupil targeted assistance for each	10526
eligible school district in accordance with the following formula:	10527

(Threshold local wealth per pupil - the district's local wealth	10528
per pupil)	10529

X target millage X the district's wealth index	10530

Where:

10531

(a) An "eligible school district" means a school district	10532
with a local wealth per pupil less than that of the school	10533
district with the 490th lowest local wealth per pupil.	10534

(b) "Threshold local wealth per pupil" means the local wealth	10535
per pupil of the school district with the 490th lowest local	10536
wealth per pupil.	10537

10538

If the result of the calculation for a school district under	10539
division (A)(5) of this section is less than zero, the district's	10540
targeted assistance shall be zero.	10541

(6) Calculate the aggregate amount to be paid as targeted	10542
assistance funds to each school district under division (A) of	10543
section 3317.022 of the Revised Code by multiplying the per pupil	10544
targeted assistance computed under division (A)(5) of this section	10545
by the district's net formula ADM.	10546

As used in this division, a district's "net formula ADM"	10547
means its formula ADM minus the number of community school	10548
students certified under division (B)(3)(d) of section 3317.03 of	10549
the Revised Code X 0.75, the number of internet- and	10550
computer-based community school students certified under division	10551
(B)(3)(e) of that section, the number of science, technology,	10552
engineering, and mathematics school students certified under	10553
division (B)(3)(j) of that section X 0.75, and the number of	10554
scholarship students certified under divisions (B)(3)(f), (g), and	10555
(l) of that section.	10556

(B) The department shall annually compute supplemental	10557
targeted assistance funds to school districts, as follows:	10558

(1) Compute each district's agricultural percentage as the	10559
quotient of (a) the three-year average tax valuation of real	10560
property in the district that is classified as agricultural	10561
property divided by (b) the three-year average tax valuation of	10562
all of the real property in the district. For purposes of this	10563
computation, a district's "three-year average tax valuation" means	10564
the average of a district's tax valuation for fiscal years 2012,	10565
2013, and 2014.	10566

(2) Determine each district's agricultural targeted	10567
percentage as follows:	10568

(a) If a district's agricultural percentage is greater than	10569
or equal to 0.10, then the district's agricultural targeted	10570
percentage shall be equal to 0.40.	10571

(b) If a district's agricultural percentage is less than	10572
0.10, then the district's agricultural targeted percentage shall	10573
be equal to 4 X the district's agricultural percentage.	10574

(3) Calculate the aggregate amount to be paid as supplemental	10575
targeted assistance funds to each school district under division	10576
(A) of section 3317.022 of the Revised Code by multiplying the	10577
district's agricultural targeted percentage by the amount	10578
calculated for the district under division (A)(6) of this section.	10579

Sec. 3317.06. Moneys paid to school districts under division	10580
(E) of section 3317.024 of the Revised Code shall be used for the	10581
following independent and fully severable purposes:	10582

(A) To purchase such secular textbooks or digital texts as	10583
have been approved by the superintendent of public instruction for	10584
use in public schools in the state and to loan such textbooks or	10585
digital texts to pupils attending nonpublic schools within the	10586
district or to their parents and to hire clerical personnel to	10587
administer such lending program. Such loans shall be based upon	10588
individual requests submitted by such nonpublic school pupils or	10589
parents. Such requests shall be submitted to the school district	10590
in which the nonpublic school is located. Such individual requests	10591
for the loan of textbooks or digital texts shall, for	10592
administrative convenience, be submitted by the nonpublic school	10593
pupil or the pupil's parent to the nonpublic school, which shall	10594
prepare and submit collective summaries of the individual requests	10595
to the school district. As used in this section:	10596

(1) "Textbook" means any book or book substitute that a pupil	10597
uses as a consumable or nonconsumable text, text substitute, or	10598
text supplement in a particular class or program in the school the	10599
pupil regularly attends.	10600

(2) "Digital text" means a consumable book or book substitute	10601
that a student accesses through the use of a computer or other	10602
electronic medium or that is available through an internet-based	10603
provider of course content, or any other material that contributes	10604
to the learning process through electronic means.	10605

(B) To provide speech and hearing diagnostic services to	10606
pupils attending nonpublic schools within the district. Such	10607
service shall be provided in the nonpublic school attended by the	10608
pupil receiving the service.	10609

(C) To provide physician, nursing, dental, and optometric	10610
services to pupils attending nonpublic schools within the	10611
district. Such services shall be provided in the school attended	10612
by the nonpublic school pupil receiving the service.	10613

(D) To provide diagnostic psychological services to pupils	10614
attending nonpublic schools within the district. Such services	10615
shall be provided in the school attended by the pupil receiving	10616
the service.	10617

(E) To provide therapeutic psychological and speech and	10618
hearing services to pupils attending nonpublic schools within the	10619
district. Such services shall be provided in the public school, in	10620
nonpublic schools, in public centers, or in mobile units located	10621
on or off of the nonpublic premises. If such services are provided	10622
in the public school or in public centers, transportation to and	10623
from such facilities shall be provided by the school district in	10624
which the nonpublic school is located.	10625

(F) To provide guidance, counseling, and social work services	10626
to pupils attending nonpublic schools within the district. Such	10627
services shall be provided in the public school, in nonpublic	10628
schools, in public centers, or in mobile units located on or off	10629
of the nonpublic premises. If such services are provided in the	10630
public school or in public centers, transportation to and from	10631
such facilities shall be provided by the school district in which	10632
the nonpublic school is located.	10633

(G) To provide remedial services to pupils attending	10634
nonpublic schools within the district. Such services shall be	10635
provided in the public school, in nonpublic schools, in public	10636
centers, or in mobile units located on or off of the nonpublic	10637
premises. If such services are provided in the public school or in	10638
public centers, transportation to and from such facilities shall	10639
be provided by the school district in which the nonpublic school	10640
is located.	10641

(H) To supply for use by pupils attending nonpublic schools	10642
within the district such standardized tests and scoring services	10643
as are in use in the public schools of the state;	10644

(I) To provide programs for children who attend nonpublic	10645
schools within the district and are children with disabilities as	10646
defined in section 3323.01 of the Revised Code or gifted children.	10647
Such programs shall be provided in the public school, in nonpublic	10648
schools, in public centers, or in mobile units located on or off	10649
of the nonpublic premises. If such programs are provided in the	10650
public school or in public centers, transportation to and from	10651
such facilities shall be provided by the school district in which	10652
the nonpublic school is located.	10653

(J) To hire clerical personnel to assist in the	10654
administration of programs pursuant to divisions (B), (C), (D),	10655
(E), (F), (G), and (I) of this section and to hire supervisory	10656
personnel to supervise the providing of services and textbooks	10657
pursuant to this section.	10658

(K) To purchase or lease any secular, neutral, and	10659
nonideological computer application software designed to assist	10660
students in performing a single task or multiple related tasks,	10661
device management software, learning management software,	10662
site-licensing, digital video on demand (DVD), wide area	10663
connectivity and related technology as it relates to internet	10664
access, mathematics or science equipment and materials,	10665
instructional materials, and school library materials that are in	10666
general use in the public schools of the state and loan such items	10667
to pupils attending nonpublic schools within the district or to	10668
their parents, and to hire clerical personnel to administer the	10669
lending program. Only such items that are incapable of diversion	10670
to religious use and that are susceptible of loan to individual	10671
pupils and are furnished for the use of individual pupils shall be	10672
purchased and loaned under this division. As used in this section,	10673
"instructional materials" means prepared learning materials that	10674
are secular, neutral, and nonideological in character and are of	10675
benefit to the instruction of school children.	10676

Mobile applications that are secular, neutral, and	10677
nonideological in character and that are purchased for less than	10678
ten dollars for instructional use shall be considered to be	10679
consumable and shall be distributed to students without the	10680
expectation that the applications must be returned.	10681

(L) To purchase or lease instructional equipment, including	10682
computer hardware and related equipment in general use in the	10683
public schools of the state, for use by pupils attending nonpublic	10684
schools within the district and to loan such items to pupils	10685
attending nonpublic schools within the district or to their	10686
parents, and to hire clerical personnel to administer the lending	10687
program. "Computer hardware and related equipment" includes	10688
desktop computers and workstations; laptop computers, computer	10689
tablets, and other mobile handheld devices; and their operating	10690
systems and accessories.	10691

(M) To purchase mobile units to be used for the provision of	10692
services pursuant to divisions (E), (F), (G), and (I) of this	10693
section and to pay for necessary repairs and operating costs	10694
associated with these units.	10695

(N) To reimburse costs the district incurred to store the	10696
records of a chartered nonpublic school that closes.	10697
Reimbursements under this division shall be made one time only for	10698
each chartered nonpublic school that closes.	10699

(O) To purchase life-saving medical or other emergency	10700
equipment for placement in nonpublic schools within the district	10701
or to maintain such equipment;	10702

(P) To purchase or lease equipment for emergency	10703
communications systems, school entrance security systems, or both	10704
for placement in nonpublic schools within the district.	10705

Clerical and supervisory personnel hired pursuant to division	10706
(J) of this section shall perform their services in the public	10707
schools, in nonpublic schools, public centers, or mobile units	10708
where the services are provided to the nonpublic school pupil,	10709
except that such personnel may accompany pupils to and from the	10710
service sites when necessary to ensure the safety of the children	10711
receiving the services.	10712

All services provided pursuant to this section may be	10713
provided under contract with educational service centers, the	10714
department of health, city or general health districts, or private	10715
agencies whose personnel are properly licensed by an appropriate	10716
state board or agency.	10717

Transportation of pupils provided pursuant to divisions (E),	10718
(F), (G), and (I) of this section shall be provided by the school	10719
district from its general funds and not from moneys paid to it	10720
under division (E) of section 3317.024 of the Revised Code unless	10721
a special transportation request is submitted by the parent of the	10722
child receiving service pursuant to such divisions. If such an	10723
application is presented to the school district, it may pay for	10724
the transportation from moneys paid to it under division (E) of	10725
section 3317.024 of the Revised Code.	10726

No school district shall provide health or remedial services	10727
to nonpublic school pupils as authorized by this section unless	10728
such services are available to pupils attending the public schools	10729
within the district.	10730

Materials, equipment, computer hardware or software,	10731
textbooks, digital texts, and health and remedial services	10732
provided for the benefit of nonpublic school pupils pursuant to	10733
this section and the admission of pupils to such nonpublic schools	10734
shall be provided without distinction as to race, creed, color, or	10735
national origin of such pupils or of their teachers.	10736

No school district shall provide services, materials, or	10737
equipment that contain religious content for use in religious	10738
courses, devotional exercises, religious training, or any other	10739
religious activity.	10740

As used in this section, "parent" includes a person standing	10741
in loco parentis to a child.	10742

Notwithstanding section 3317.01 of the Revised Code, payments	10743
shall be made under this section to any city, local, or exempted	10744
village school district within which is located one or more	10745
nonpublic elementary or high schools and any payments made to	10746
school districts under division (E) of section 3317.024 of the	10747
Revised Code for purposes of this section may be disbursed without	10748
submission to and approval of the controlling board.	10749

The allocation of payments for materials, equipment,	10750
textbooks, digital texts, health services, and remedial services	10751
to city, local, and exempted village school districts shall be on	10752
the basis of the state board of education's estimated annual	10753
average daily membership in nonpublic elementary and high schools	10754
located in the district.	10755

Payments made to city, local, and exempted village school	10756
districts under this section shall be equal to specific	10757
appropriations made for the purpose. All interest earned by a	10758
school district on such payments shall be used by the district for	10759
the same purposes and in the same manner as the payments may be	10760
used.	10761

The department of education shall adopt guidelines and	10762
procedures under which such programs and services shall be	10763
provided, under which districts shall be reimbursed for	10764
administrative costs incurred in providing such programs and	10765
services, and under which any unexpended balance of the amounts	10766
appropriated by the general assembly to implement this section may	10767
be transferred to the auxiliary services personnel unemployment	10768
compensation fund established pursuant to section 4141.47 of the	10769
Revised Code. The department shall also adopt guidelines and	10770
procedures limiting the purchase and loan of the items described	10771
in division (K) of this section to items that are in general use	10772
in the public schools of the state, that are incapable of	10773
diversion to religious use, and that are susceptible to individual	10774
use rather than classroom use. Within thirty days after the end of	10775
each biennium, each board of education shall remit to the	10776
department all moneys paid to it under division (E) of section	10777
3317.024 of the Revised Code and any interest earned on those	10778
moneys that are not required to pay expenses incurred under this	10779
section during the biennium for which the money was appropriated	10780
and during which the interest was earned. If a board of education	10781
subsequently determines that the remittal of moneys leaves the	10782
board with insufficient money to pay all valid expenses incurred	10783
under this section during the biennium for which the remitted	10784
money was appropriated, the board may apply to the department of	10785
education for a refund of money, not to exceed the amount of the	10786
insufficiency. If the department determines the expenses were	10787
lawfully incurred and would have been lawful expenditures of the	10788
refunded money, it shall certify its determination and the amount	10789
of the refund to be made to the director of job and family	10790
services who shall make a refund as provided in section 4141.47 of	10791
the Revised Code.	10792

Each school district shall label materials, equipment,	10793
computer hardware or software, textbooks, and digital texts	10794
purchased or leased for loan to a nonpublic school under this	10795
section, acknowledging that they were purchased or leased with	10796
state funds under this section. However, a district need not label	10797
materials, equipment, computer hardware or software, textbooks, or	10798
digital texts that the district determines are consumable in	10799
nature or have a value of less than two hundred dollars.	10800

Sec. 3318.36. (A)(1) As used in this section:

10801

(a) "Ohio school facilities commission," "classroom	10802
facilities," "school district," "school district board," "net	10803
bonded indebtedness," "required percentage of the basic project	10804
costs," "basic project cost," "valuation," and "percentile" have	10805
the same meanings as in section 3318.01 of the Revised Code.	10806

(b) "Required level of indebtedness" means five per cent of	10807
the school district's valuation for the year preceding the year in	10808
which the commission and school district enter into an agreement	10809
under division (B) of this section, plus [two one-hundredths of	10810
one per cent multiplied by (the percentile in which the district	10811
ranks minus one)].	10812

(c) "Local resources" means any moneys generated in any	10813
manner permitted for a school district board to raise the school	10814
district portion of a project undertaken with assistance under	10815
sections 3318.01 to 3318.20 of the Revised Code.	10816

(d) "Tangible personal property phase-out impacted district"	10817
means a school district for which the taxable value of its	10818
tangible personal property certified under division (A)(2) of	10819
section 3317.021 of the Revised Code for tax year 2005, excluding	10820
the taxable value of public utility personal property, made up	10821
eighteen per cent or more of its total taxable value for tax year	10822
2005 as certified under that section.	10823

(2) For purposes of determining the required level of	10824
indebtedness, the required percentage of the basic project costs	10825
under division (C)(1) of this section, and priority for assistance	10826
under sections 3318.01 to 3318.20 of the Revised Code, the	10827
percentile ranking of a school district with which the commission	10828
has entered into an agreement under this section between the first	10829
day of July and the thirty-first day of August in each fiscal year	10830
is the percentile ranking calculated for that district for the	10831
immediately preceding fiscal year, and the percentile ranking of a	10832
school district with which the commission has entered into such	10833
agreement between the first day of September and the thirtieth day	10834
of June in each fiscal year is the percentile ranking calculated	10835
for that district for the current fiscal year. However, in the	10836
case of a tangible personal property phase-out impacted district,	10837
the district's priority for assistance under sections 3318.01 to	10838
3318.20 of the Revised Code and its portion of the basic project	10839
cost under those sections shall be determined in the manner	10840
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of	10841
this section.	10842

(B)(1) There is hereby established the school building	10843
assistance expedited local partnership program. Under the program,	10844
the Ohio school facilities commission may enter into an agreement	10845
with the board of any school district under which the board may	10846
proceed with the new construction or major repairs of a part of	10847
the district's classroom facilities needs, as determined under	10848
sections 3318.01 to 3318.20 of the Revised Code, through the	10849
expenditure of local resources prior to the school district's	10850
eligibility for state assistance under those sections, and may	10851
apply that expenditure toward meeting the school district's	10852
portion of the basic project cost of the total of the district's	10853
classroom facilities needs, as recalculated under division (E) of	10854
this section, when the district becomes eligible for state	10855
assistance under sections 3318.01 to 3318.20 or section 3318.364	10856
of the Revised Code. Any school district that is reasonably	10857
expected to receive assistance under sections 3318.01 to 3318.20	10858
of the Revised Code within two fiscal years from the date the	10859
school district adopts its resolution under division (B) of this	10860
section shall not be eligible to participate in the program	10861
established under this section.	10862

(2) To participate in the program, a school district board	10863
shall first adopt a resolution certifying to the commission the	10864
board's intent to participate in the program.	10865

The resolution shall specify the approximate date that the	10866
board intends to seek elector approval of any bond or tax measures	10867
or to apply other local resources to use to pay the cost of	10868
classroom facilities to be constructed under this section. The	10869
resolution may specify the application of local resources or	10870
elector-approved bond or tax measures after the resolution is	10871
adopted by the board, and in such case the board may proceed with	10872
a discrete portion of its project under this section as soon as	10873
the commission and the controlling board have approved the basic	10874
project cost of the district's classroom facilities needs as	10875
specified in division (D) of this section. The board shall submit	10876
its resolution to the commission not later than ten days after the	10877
date the resolution is adopted by the board.	10878

The commission shall not consider any resolution that is	10879
submitted pursuant to division (B)(2) of this section, as amended	10880
by this amendment, sooner than September 14, 2000.	10881

(3) For purposes of determining when a district that enters	10882
into an agreement under this section becomes eligible for	10883
assistance under sections 3318.01 to 3318.20 of the Revised Code	10884
or priority for assistance under section 3318.364 of the Revised	10885
Code, the commission shall use one of the following as applicable:	10886

(a) Except for a tangible personal property phase-out	10887
impacted district, the district's percentile ranking determined at	10888
the time the district entered into the agreement under this	10889
section, as prescribed by division (A)(2) of this section;	10890

(b) For a tangible personal property phase-out impacted	10891
district, the lesser of (i) the district's percentile ranking	10892
determined at the time the district entered into the agreement	10893
under this section, as prescribed by division (A)(2) of this	10894
section, or (ii) the district's current percentile ranking under	10895
section 3318.011 of the Revised Code.	10896

(4) Any project under this section shall comply with section	10897
3318.03 of the Revised Code and with any specifications for plans	10898
and materials for classroom facilities adopted by the commission	10899
under section 3318.04 of the Revised Code.	10900

(5) If a school district that enters into an agreement under	10901
this section has not begun a project applying local resources as	10902
provided for under that agreement at the time the district is	10903
notified by the commission that it is eligible to receive state	10904
assistance under sections 3318.01 to 3318.20 of the Revised Code,	10905
all assessment and agreement documents entered into under this	10906
section are void.	10907

(6) Only construction of or repairs to classroom facilities	10908
that have been approved by the commission and have been therefore	10909
included as part of a district's basic project cost qualify for	10910
application of local resources under this section.	10911

(C) Based on the results of on-site visits and assessment,	10912
the commission shall determine the basic project cost of the	10913
school district's classroom facilities needs. The commission shall	10914
determine the school district's portion of such basic project	10915
cost, which shall be the greater of:	10916

(1) The required percentage of the basic project costs,	10917
determined based on the school district's percentile ranking;	10918

(2) An amount necessary to raise the school district's net	10919
bonded indebtedness, as of the fiscal year the commission and the	10920
school district enter into the agreement under division (B) of	10921
this section, to within five thousand dollars of the required	10922
level of indebtedness.	10923

(D)(1) When the commission determines the basic project cost	10924
of the classroom facilities needs of a school district and the	10925
school district's portion of that basic project cost under	10926
division (C) of this section, the project shall be conditionally	10927
approved. Such conditional approval shall be submitted to the	10928
controlling board for approval thereof. The controlling board	10929
shall forthwith approve or reject the commission's determination,	10930
conditional approval, and the amount of the state's portion of the	10931
basic project cost; however, no state funds shall be encumbered	10932
under this section. Upon approval by the controlling board, the	10933
school district board may identify a discrete part of its	10934
classroom facilities needs, which shall include only new	10935
construction of or additions or major repairs to a particular	10936
building, to address with local resources. Upon identifying a part	10937
of the school district's basic project cost to address with local	10938
resources, the school district board may allocate any available	10939
school district moneys to pay the cost of that identified part,	10940
including the proceeds of an issuance of bonds if approved by the	10941
electors of the school district.	10942

All local resources utilized under this division shall first	10943
be deposited in the project construction account required under	10944
section 3318.08 of the Revised Code.	10945

(2) Unless the school district board exercises its option	10946
under division (D)(3) of this section, for a school district to	10947
qualify for participation in the program authorized under this	10948
section, one of the following conditions shall be satisfied:	10949

(a) The electors of the school district by a majority vote	10950
shall approve the levy of taxes outside the ten-mill limitation	10951
for a period of twenty-three years at the rate of not less than	10952
one-half mill for each dollar of valuation to be used to pay the	10953
cost of maintaining the classroom facilities included in the basic	10954
project cost as determined by the commission. The form of the	10955
ballot to be used to submit the question whether to approve the	10956
tax required under this division to the electors of the school	10957
district shall be the form for an additional levy of taxes	10958
prescribed in section 3318.361 of the Revised Code, which may be	10959
combined in a single ballot question with the questions prescribed	10960
under section 5705.218 of the Revised Code.	10961

(b) As authorized under division (C) of section 3318.05 of	10962
the Revised Code, the school district board shall earmark from the	10963
proceeds of a permanent improvement tax levied under section	10964
5705.21 of the Revised Code, an amount equivalent to the	10965
additional tax otherwise required under division (D)(2)(a) of this	10966
section for the maintenance of the classroom facilities included	10967
in the basic project cost as determined by the commission.	10968

(c) As authorized under section 3318.051 of the Revised Code,	10969
the school district board shall, if approved by the commission,	10970
annually transfer into the maintenance fund required under section	10971
3318.05 of the Revised Code the amount prescribed in section	10972
3318.051 of the Revised Code in lieu of the tax otherwise required	10973
under division (D)(2)(a) of this section for the maintenance of	10974
the classroom facilities included in the basic project cost as	10975
determined by the commission.	10976

(d) If the school district board has rescinded the agreement	10977
to make transfers under section 3318.051 of the Revised Code, as	10978
provided under division (F) of that section, the electors of the	10979
school district, in accordance with section 3318.063 of the	10980
Revised Code, first shall approve the levy of taxes outside the	10981
ten-mill limitation for the period specified in that section at a	10982
rate of not less than one-half mill for each dollar of valuation.	10983

(e) The school district board shall apply the proceeds of a	10984
tax to leverage bonds as authorized under section 3318.052 of the	10985
Revised Code or dedicate a local donated contribution in the	10986
manner described in division (B) of section 3318.084 of the	10987
Revised Code in an amount equivalent to the additional tax	10988
otherwise required under division (D)(2)(a) of this section for	10989
the maintenance of the classroom facilities included in the basic	10990
project cost as determined by the commission.	10991

(3) A school district board may opt to delay taking any of	10992
the actions described in division (D)(2) of this section until the	10993
school district becomes eligible for state assistance under	10994
sections 3318.01 to 3318.20 of the Revised Code. In order to	10995
exercise this option, the board shall certify to the commission a	10996
resolution indicating the board's intent to do so prior to	10997
entering into an agreement under division (B) of this section.	10998

(4) If pursuant to division (D)(3) of this section a district	10999
board opts to delay levying an additional tax until the district	11000
becomes eligible for state assistance, it shall submit the	11001
question of levying that tax to the district electors as follows:	11002

(a) In accordance with section 3318.06 of the Revised Code if	11003
it will also be necessary pursuant to division (E) of this section	11004
to submit a proposal for approval of a bond issue;	11005

(b) In accordance with section 3318.361 of the Revised Code	11006
if it is not necessary to also submit a proposal for approval of a	11007
bond issue pursuant to division (E) of this section.	11008

(5) No state assistance under sections 3318.01 to 3318.20 of	11009
the Revised Code shall be released until a school district board	11010
that adopts and certifies a resolution under division (D) of this	11011
section also demonstrates to the satisfaction of the commission	11012
compliance with the provisions of division (D)(2) of this section.	11013

Any amount required for maintenance under division (D)(2) of	11014
this section shall be deposited into a separate fund as specified	11015
in division (B) of section 3318.05 of the Revised Code.	11016

(E)(1) If the school district becomes eligible for state	11017
assistance under sections 3318.01 to 3318.20 of the Revised Code	11018
based on its percentile ranking under division (B)(3) of this	11019
section or is offered assistance under section 3318.364 of the	11020
Revised Code, the commission shall conduct a new assessment of the	11021
school district's classroom facilities needs and shall recalculate	11022
the basic project cost based on this new assessment. The basic	11023
project cost recalculated under this division shall include the	11024
amount of expenditures made by the school district board under	11025
division (D)(1) of this section. The commission shall then	11026
recalculate the school district's portion of the new basic project	11027
cost, which shall be one of the following as applicable:	11028

(a) Except for a tangible personal property phase-out	11029
impacted district, the percentage of the original basic project	11030
cost assigned to the school district as its portion under division	11031
(C) of this section;	11032

(b) For a tangible personal property phase-out impacted	11033
district, the lesser of (i) the percentage of the original basic	11034
project cost assigned to the school district as its portion under	11035
division (C) of this section, or (ii) the percentage of the new	11036
basic project cost determined under section 3318.032 of the	11037
Revised Code using the district's current percentile ranking under	11038
section 3318.011 of the Revised Code. ~~The~~	11039

The commission shall deduct the expenditure of school	11040
district moneys made under division (D)(1) of this section from	11041
the school district's portion of the basic project cost as	11042
recalculated under this division. If the amount of school district	11043
resources applied by the school district board to the school	11044
district's portion of the basic project cost under this section is	11045
less than the total amount of such portion as recalculated under	11046
this division, the school district board by a majority vote of all	11047
of its members shall, if it desires to seek state assistance under	11048
sections 3318.01 to 3318.20 of the Revised Code, adopt a	11049
resolution as specified in section 3318.06 of the Revised Code to	11050
submit to the electors of the school district the question of	11051
approval of a bond issue in order to pay any additional amount of	11052
school district portion required for state assistance. Any tax	11053
levy approved under division (D) of this section satisfies the	11054
requirements to levy the additional tax under section 3318.06 of	11055
the Revised Code.	11056

(2) If the amount of school district resources applied by the	11057
school district board to the school district's portion of the	11058
basic project cost under this section is more than the total	11059
amount of such portion as recalculated under ~~this~~ division (E)(1)	11060
of this section, within one year after the school district's	11061
portion is so recalculated ~~under division (E)(1) of this section~~	11062
the commission may grant to the school district the difference	11063
between the two calculated portions, but at no time shall the	11064
commission expend any state funds on a project in an amount	11065
greater than the state's portion of the basic project cost as	11066
recalculated under ~~this~~ division (E)(1) of this section.	11067

Any reimbursement under this division shall be only for local	11068
resources the school district has applied toward construction cost	11069
expenditures for the classroom facilities approved by the	11070
commission, which shall not include any financing costs associated	11071
with that construction.	11072

The school district board shall use any moneys reimbursed to	11073
the district under this division to pay off any debt service the	11074
district owes for classroom facilities constructed under its	11075
project under this section before such moneys are applied to any	11076
other purpose. However, the district board first may deposit	11077
moneys reimbursed under this division into the district's general	11078
fund or a permanent improvement fund to replace local resources	11079
the district withdrew from those funds, as long as, and to the	11080
extent that, those local resources were used by the district for	11081
constructing classroom facilities included in the district's basic	11082
project cost.	11083

(3) A tangible personal property phase-out impacted district	11084
shall receive credit under division (E) of this section for the	11085
expenditure of local resources pursuant to any prior agreement	11086
authorized by this section, notwithstanding any recalculation of	11087
its average taxable value.	11088

Sec. 3326.29. A STEM school established under this chapter	11089
may submit to the superintendent of public administration a	11090
request for a waiver from administering the state achievement	11091
assessments required under sections 3301.0710 and 3301.0712 of the	11092
Revised Code and related requirements specified under division	11093
(C)(2) of section 3302.15 of the Revised Code in the manner	11094
prescribed by that section as if it were a school district. A STEM	11095
school that obtains a waiver under section 3302.15 of the Revised	11096
Code shall comply with all provisions of that section as if it	11097
were a school district. A STEM school is presumptively eligible to	11098
request such a waiver.	11099

Sec. 3345.56. Notwithstanding any provision of the Revised	11100
Code to the contrary, a student attending a state university as	11101
defined in section 3345.011 of the Revised Code is not an employee	11102
of the state university based upon the student's participation in	11103
an athletic program offered by the state university.	11104

Sec. 3358.03. The government of a state community college	11105
district is vested in a board of nine trustees who shall be	11106
appointed by the governor~~, from within the district,~~ with the	11107
advice and consent of the senate. Within ninety days after a state	11108
community college district is created pursuant to section 3358.02	11109
of the Revised Code, the governor shall make initial appointments	11110
to the board. Of these appointments three shall be for terms	11111
ending two years after the date upon which the district was	11112
created, three shall be for terms ending four years after that	11113
date, and three shall be for terms ending six years after that	11114
date. Thereafter, the successive terms of trustees shall be for	11115
six years, each term ending on the same day of the same month of	11116
the year as did the term which it ~~suceeds~~succeeds. Each trustee	11117
shall hold office from the date of ~~his~~ appointment until the end	11118
of the term for which hethe trustee was appointed. Any trustee	11119
appointed to fill a vacancy occurring prior to the expiration of	11120
the term for which ~~his~~the trustee's predecessor was appointed	11121
shall hold office for the remainder of such term. Any trustee	11122
shall continue in office subsequent to the expiration date of ~~his~~	11123
the trustee's term until ~~his~~the trustee's successor takes office,	11124
or until a period of sixty days has elapsed, whichever occurs	11125
first. Where a state community ~~collge~~college district succeeds to	11126
the operations of a state general and technical college, or a	11127
technical college district, the initial board of trustees of the	11128
district shall be composed of the members of the board of trustees	11129
of the state general and technical college, or a technical college	11130
district, to serve for the balance of their existing terms, and	11131
such additional number appointed by the governor, with the advice	11132
and consent of the senate, as will total nine members; and the	11133
terms of such members appointed by the governor originally and to	11134
all succeeding terms shall be such that, in combination with the	11135
original remaining terms of the members from the technical college	11136
district, the eventual result will be that three terms will expire	11137
every second year. Appointees shall be qualified electors ~~residing~~	11138
~~in the state community college district~~of the state. The trustees	11139
shall receive no compensation for their services, but may be paid	11140
for their reasonably necessary expenses while engaged in the	11141
discharge of their official duties. A majority of the board	11142
constitutes a quorum.	11143

Sec. 3517.20. (A)~~(1)~~ As used in this section:

11144

~~(a)~~(1) "Political publication for or against a candidate"	11145
means a notice, placard, advertisement, sample ballot, brochure,	11146
flyer, direct mailer, or other form of general publication that is	11147
designed to promote the nomination, election, or defeat of a	11148
candidate.	11149

~~(b)~~(2) "Political publication for or against an issue" means	11150
a notice, placard, advertisement, sample ballot, brochure, flyer,	11151
direct mailer, or other form of general publication that is	11152
designed to promote the adoption or defeat of a ballot issue or	11153
question or to influence the voters in an election.	11154

~~(c)~~(3) "Public political advertising" means newspapers,	11155
magazines, outdoor advertising facilities, direct mailings, or	11156
other similar types of general public political advertising, or	11157
flyers, handbills, or other nonperiodical printed matter.	11158

~~(d)~~(4) "Statewide candidate" has the same meaning as in	11159
section 3517.102 of the Revised Code.	11160

~~(e)~~(5) "Legislative candidate" means a candidate for the	11161
office of member of the general assembly.	11162

~~(f)~~(6) "Local candidate" means a candidate for an elective	11163
office of a political subdivision of this state.	11164

~~(g)~~(7) "Legislative campaign fund" has the same meaning as in	11165
section 3517.01 of the Revised Code.	11166

~~(h)~~(8) "Limited political action committee" means a political	11167
action committee of fewer than ten members.	11168

~~(i)~~(9) "Limited political contributing entity" means a	11169
political contributing entity of fewer than ten members.	11170

~~(j)~~(10) "Designated amount" means one hundred dollars in the	11171
case of a local candidate or a local ballot issue, two hundred	11172
fifty dollars in the case of a legislative candidate, or five	11173
hundred dollars in the case of a statewide candidate or a	11174
statewide ballot issue.	11175

~~(k)~~(11) "To issue" includes to print, post, distribute,	11176
reproduce for distribution, or cause to be issued, printed,	11177
posted, distributed, or reproduced for distribution.	11178

~~(l)~~(12) "Telephone bank" means more than five hundred	11179
telephone calls of an identical or substantially similar nature	11180
within any thirty-day period, whether those telephone calls are	11181
made by individual callers or by recording.	11182

~~(2)(a) No political party or other~~(B)(1) Except as otherwise	11183
provided in division (B)(2) of this section, no entity~~, except a~~	11184
~~political action committee, a political contributing entity, a~~	11185
~~candidate, a legislative campaign fund, or a campaign committee,~~	11186
shall ~~issue a form of political publication for or against a~~	11187
~~candidate, or shall make an expenditure for the purpose of~~	11188
~~financing political communications in support of or opposition to~~	11189
~~a candidate through public political advertising,~~do any of the	11190
following unless the name ~~and residence or business address~~ of the	11191
~~candidate or the chairperson, treasurer, or secretary of the~~	11192
~~legislative campaign fund, political party, or other~~ entity ~~that~~	11193
~~issues or otherwise is responsible for that political publication~~	11194
~~or that makes an expenditure for that political communication~~	11195
appears in a conspicuous place on ~~that political publication~~ or is	11196
contained or included within ~~that political communication~~the	11197
publication, communication, or telephone call:	11198

(a) Issue a form of political publication in support of or	11199
opposition to a candidate or a ballot issue or question;	11200

(b) Make an expenditure for the purpose of financing	11201
political communications in support of or opposition to a	11202
candidate or a ballot issue or question through public political	11203
advertising;	11204

(c) Utter or cause to be uttered, over the broadcasting	11205
facilities of any radio or television station within this state,	11206
any communication in support of or opposition to a candidate or a	11207
ballot issue or question or any communication that is designed to	11208
influence the voters in an election;	11209

(d) Conduct a telephone bank for the purpose of supporting or	11210
opposing a candidate or a ballot issue or question or for the	11211
purpose of influencing the voters in an election.	11212

~~(b) No candidate, legislative campaign fund, or campaign~~	11213
~~committee shall issue a form of political publication for or~~	11214
~~against a candidate, or shall make an expenditure for the purpose~~	11215
~~of financing political communications in support of or opposition~~	11216
~~to a candidate through public political advertising, unless the~~	11217
~~name of the entity appears in a conspicuous place on that~~	11218
~~political publication or is contained within that political~~	11219
~~communication.~~	11220

~~(3) No~~(2) A limited political action committee or limited	11221
political contributing entity ~~shall~~may do ~~either~~any of the	11222
following ~~unless the~~without including its name ~~and residence or~~	11223
~~business address of the chairperson, treasurer, or secretary of~~	11224
~~the limited political action committee or limited political~~	11225
~~contributing entity involved appears in a conspicuous place~~ in the	11226
~~political publication for or against a candidate described in~~	11227
~~division (A)(3)(a) of this section or is contained within the~~	11228
~~political~~publication or communication ~~described in division~~	11229
~~(A)(3)(b) of this section~~:	11230

(a) Issue a form of political publication ~~for or against~~in	11231
support of or opposition to a candidate or a ballot issue or	11232
question that ~~costs~~does not cost in excess of the designated	11233
amount or that is not issued in cooperation, consultation, or	11234
concert with, or at the request or suggestion of, a candidate, a	11235
campaign committee, a legislative campaign fund, a political	11236
party, a political action committee with ten or more members, a	11237
political contributing entity with ten or more members, or a	11238
limited political action committee or limited political	11239
contributing entity that spends in excess of the designated amount	11240
on a related or the same or similar political publication ~~for or~~	11241
~~against~~in support of or opposition to a candidate or a ballot	11242
issue or question;	11243

(b) Make an expenditure that is not in excess of the	11244
designated amount in support of or opposition to a candidate or a	11245
ballot issue or question or make an expenditure that is not made	11246
in cooperation, consultation, or concert with, or at the request	11247
or suggestion of, a candidate, a campaign committee, a legislative	11248
campaign fund, a political party, a political action committee	11249
with ten or more members, a political contributing entity with ten	11250
or more members, or a limited political action committee or	11251
limited political contributing entity that spends in excess of the	11252
designated amount in support of or opposition to the same	11253
candidate or a ballot issue or question, for the purpose of	11254
financing political communications in support of or opposition to	11255
that candidate or a ballot issue or question through public	11256
political advertising.	11257

~~(4) No political action committee with ten or more members~~	11258
~~and no political contributing entity with ten or more members~~	11259
~~shall issue a form of political publication for or against a~~	11260
~~candidate, or shall make an expenditure for the purpose of~~	11261
~~financing political communications in support of or opposition to~~	11262
~~a candidate through public political advertising, unless the name~~	11263
~~and residence or business address of the chairperson, treasurer,~~	11264
~~or secretary of the political action committee or political~~	11265
~~contributing entity that issues or otherwise is responsible for~~	11266
~~that political publication or that makes an expenditure for that~~	11267
~~political communication through public political advertising~~	11268
~~appears in a conspicuous place in that political publication or is~~	11269
~~contained within that political communication.~~	11270

~~(5)(a) No corporation, labor organization, political party,~~	11271
~~or other entity, except a political action committee, a~~	11272
~~legislative campaign fund, or a campaign committee, shall issue a~~	11273
~~form of political publication for or against an issue, or shall~~	11274
~~make an expenditure for the purpose of financing political~~	11275
~~communications in support of or opposition to a ballot issue or~~	11276
~~question through public political advertising, unless the name and~~	11277
~~residence or business address of the chairperson, treasurer, or~~	11278
~~secretary of the corporation, labor organization, political party,~~	11279
~~or other entity that issues or otherwise is responsible for that~~	11280
~~political publication or that makes an expenditure for that~~	11281
~~political communication through public political advertising~~	11282
~~appears in a conspicuous place in that political publication or is~~	11283
~~contained within that political communication.~~	11284

~~(b) No campaign committee or legislative campaign fund shall~~	11285
~~issue a form of political publication for or against an issue, or~~	11286
~~shall make an expenditure for the purpose of financing political~~	11287
~~communications in support of or opposition to a ballot issue or~~	11288
~~question through public political advertising, unless the name of~~	11289
~~the campaign committee or legislative campaign fund appears in a~~	11290
~~conspicuous place in that political publication or is contained~~	11291
~~within that political communication.~~	11292

~~(6) No limited political action committee shall do either of~~	11293
~~the following unless the name and residence or business address of~~	11294
~~the chairperson, treasurer, or secretary of the limited political~~	11295
~~action committee involved appears in a conspicuous place in the~~	11296
~~political publication for or against a ballot issue described in~~	11297
~~division (A)(6)(a) of this section or is contained within the~~	11298
~~political communication described in division (A)(6)(b) of this~~	11299
~~section:~~	11300

~~(a) Issue a form of political publication for or against a~~	11301
~~ballot issue that costs in excess of the designated amount or that~~	11302
~~is issued in cooperation, consultation, or concert with, or at the~~	11303
~~request or suggestion of, a candidate, a campaign committee, a~~	11304
~~legislative campaign fund, a political party, a political action~~	11305
~~committee with ten or more members, or a limited political action~~	11306
~~committee that spends in excess of the designated amount for a~~	11307
~~related or the same or similar political publication for or~~	11308
~~against an issue;~~	11309

~~(b) Make an expenditure in excess of the designated amount in~~	11310
~~support of or opposition to a ballot issue or make an expenditure~~	11311
~~in cooperation, consultation, or concert with, or at the request~~	11312
~~or suggestion of, a candidate, a campaign committee, a legislative~~	11313
~~campaign fund, a political party, a political action committee~~	11314
~~with ten or more members, or a limited political action committee~~	11315
~~that spends in excess of the designated amount in support of or~~	11316
~~opposition to the same ballot issue, for the purpose of financing~~	11317
~~political communications in support of or opposition to that~~	11318
~~ballot issue through public political advertising.~~	11319

~~(7) No political action committee with ten or more members~~	11320
~~shall issue a form of political publication for or against an~~	11321
~~issue, or shall make an expenditure for the purpose of financing~~	11322
~~political communications in support of or opposition to a ballot~~	11323
~~issue or question through public political advertising, unless the~~	11324
~~name and residence or business address of the chairperson,~~	11325
~~treasurer, or secretary of the political action committee that~~	11326
~~issues or otherwise is responsible for that political publication~~	11327
~~or that makes an expenditure for that political communication~~	11328
~~appears in a conspicuous place in that political publication or is~~	11329
~~contained within that political communication.~~	11330

~~(8) The disclaimer "paid political advertisement" is not~~	11331
~~sufficient to meet the requirements of this section.~~	11332

~~(9) If the political publication described in division (A) of~~	11333
~~this section is issued by the regularly constituted central or~~	11334
~~executive committee of a political party that is organized as~~	11335
~~provided in this chapter, it shall be sufficiently identified if~~	11336
~~it bears the name of the committee and its chairperson or~~	11337
~~treasurer.~~	11338

~~(10)~~(C) If more than one piece of printed matter or printed	11339
political communications are mailed as a single packet, the	11340
requirements of division ~~(A)~~(B) of this section are met if one of	11341
the pieces of printed matter or printed political communications	11342
in the packet contains the name ~~and residence or business address~~	11343
~~of the chairperson, treasurer, or secretary~~ of the organization or	11344
entity that issues or is responsible for the printed matter or	11345
other printed political communications~~, except that if a campaign~~	11346
~~committee or legislative campaign fund mails more than one piece~~	11347
~~of printed matter or printed political communications as a single~~	11348
~~packet, the requirements of division (A) of this section are met~~	11349
~~if one of the pieces of printed matter or printed political~~	11350
~~communications in the packet contains the name of the campaign~~	11351
~~committee or legislative campaign fund~~.	11352

~~(11)~~(D) This section does not apply to the transmittal of	11353
personal correspondence that is not reproduced by machine for	11354
general distribution.	11355

~~(12)~~(E) The secretary of state, by rule, may exempt from the	11356
requirements of this section, printed matter and certain other	11357
kinds of printed communications such as campaign buttons,	11358
balloons, pencils, or similar items, the size or nature of which	11359
makes it unreasonable to add an identification or disclaimer.	11360

~~(13)~~(F) The disclaimer or identification described in	11361
division ~~(A)~~(B) of this section, when paid for by a candidate,	11362
legislative campaign fund, or campaign committee, shall be	11363
identified by the words "paid for by" followed by the name of the	11364
entity. The identification or disclaimer may use reasonable	11365
abbreviations for common terms such as "committee".	11366

~~(B)(1) No candidate, campaign committee, legislative campaign~~	11367
~~fund, political party, political action committee, limited~~	11368
~~political action committee, political contributing entity, limited~~	11369
~~political contributing entity, or other entity shall utter or~~	11370
~~cause to be uttered, over the broadcasting facilities of any radio~~	11371
~~or television station within this state, any communication that is~~	11372
~~designed to promote the nomination, election, or defeat of a~~	11373
~~candidate, or the adoption or defeat of an issue or to influence~~	11374
~~the voters in an election, unless the speaker identifies the~~	11375
~~speaker with the speaker's name and residence address or unless~~	11376
~~the communication identifies the chairperson, treasurer, or~~	11377
~~secretary of the organization responsible for the communication~~	11378
~~with the name and residence or business address of that officer,~~	11379
~~except that communications by radio need not broadcast the~~	11380
~~residence or business address of the officer. However, a radio~~	11381
~~station, for a period of at least six months, shall keep the~~	11382
~~residence or business address on file and divulge it to any person~~	11383
~~upon request.~~	11384

The disclaimer "paid political advertisement" is not	11385
sufficient to meet the requirements of this section.	11386

(G)(1) No person operating a broadcast station or an organ of	11387
printed media shall broadcast or print a paid political	11388
communication that does not contain the identification required by	11389
this section.	11390

(2) Division (B)(1)(c) of this section does not apply to any	11391
communications made on behalf of a radio or television station or	11392
network by any employee of such radio or television station or	11393
network while acting in the course of the employee's employment.	11394

~~(3)~~(H) No candidate or entity ~~described in division (B)(1) of~~	11395
~~this section~~ shall use or cause to be used a false, fictitious, or	11396
fraudulent name or address in the making or issuing of a	11397
publication or communication included within the provisions of	11398
this section.	11399

~~(C) No candidate, campaign committee, legislative campaign~~	11400
~~fund, political party, political action committee, limited~~	11401
~~political action committee, political contributing entity, limited~~	11402
~~political contributing entity, or other person or entity shall~~	11403
~~conduct a telephone bank for the purpose of promoting the~~	11404
~~nomination, election, or defeat of a candidate or the adoption or~~	11405
~~defeat of an issue or to influence the voters in an election,~~	11406
~~unless the call includes a disclaimer that identifies the name of~~	11407
~~the candidate, campaign committee, legislative campaign fund,~~	11408
~~political party, political action committee, limited political~~	11409
~~action committee, political contributing entity, limited political~~	11410
~~contributing entity, or other person or entity paying for the~~	11411
~~telephone bank.~~	11412

~~(D)~~(I) Before a prosecution may commence under this section,	11413
a complaint shall be filed with the Ohio elections commission	11414
under section 3517.153 of the Revised Code. After the complaint is	11415
filed, the commission shall proceed in accordance with sections	11416
3517.154 to 3517.157 of the Revised Code.	11417

Sec. 3701.132. ~~The department of health is hereby designated~~	11418
~~as the state agency to administer~~As used in this section, "WIC	11419
program" means the "special supplemental nutrition program for	11420
women, infants, and children" established under the "Child	11421
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended.	11422
~~The~~	11423

The department of health is hereby designated as the state	11424
agency to administer the WIC program. The director of health may	11425
adopt rules pursuant to Chapter 119. of the Revised Code as	11426
necessary for administering the WIC program. The rules may include	11427
civil money penalties for violations of the rules.	11428

In determining eligibility for services provided under the	11429
WIC program, the department may use the application form	11430
established under section ~~5111.013~~5163.40 of the Revised Code for	11431
the healthy start program. The department may require applicants	11432
to furnish their social security numbers.	11433

If the department determines that a vendor has committed an	11434
act with respect to the WIC program that federal statutes or	11435
regulations or state statutes or rules prohibit, the department	11436
shall take action against the vendor in the manner required by 7	11437
C.F.R. part 246, including imposition of a civil money penalty in	11438
accordance with 7 C.F.R. 246.12, or rules adopted under this	11439
section.	11440

Sec. 3701.34. (A) The Ohio public health advisory board shall	11441
review and make recommendations to the director of health on all	11442
of the following:	11443

(1) Developing and adopting proposed rules under Chapters	11444
3701 and 3717 of the Administrative Code;	11445

(2) Prescribing proposed fees for services provided by the	11446
office of vital statistics and the bureau of environmental health;	11447

(3) Any proposed policy changes that pertain to entities	11448
serving or seeking to serve as vendors under the WIC program, as	11449
defined in section 3701.132 of the Revised Code, that are not	11450
addressed pursuant to division (A)(1) of this section.	11451

(4) Issues to improve public health and increase awareness of	11452
public health issues at the state level, local level, or both;	11453

~~(4)~~(5) Any other public health issues that the director	11454
requests the board to consider.	11455

(B) ~~In making recommendations to the director under~~For	11456
purposes of division (A)(1) of this section, all of the following	11457
apply:	11458

(1) Prior to filing a proposed rule with the joint committee	11459
on agency rule review, the department of health shall provide each	11460
board member with a copy of the proposed rule, copies of public	11461
comments received by the department during the public comment	11462
period, and written evidence of stakeholder involvement.	11463

(2) Prior to board meetings, copies of proposed rules shall	11464
be provided to members. On request of a member, the department	11465
shall ensure that appropriate department employees attend board	11466
meetings to answer questions concerning proposed rules.	11467

(3)(a) Not later than sixty days after receiving a copy of a	11468
proposed rule, the board shall recommend approval or disapproval	11469
of the rule and submit its recommendation by board action to the	11470
director. In making its recommendation, the board may consider	11471
public comments provided to the department or the board.	11472

(b) If the board fails to make a recommendation within sixty	11473
days of receiving a copy of the proposed rule, the director may	11474
file the proposed rule.	11475

(4) Except as provided in division (B)(3)(b) of this section,	11476
the director shall consider the board's recommendation before	11477
filing a proposed rule. On request of the board, the director	11478
shall meet with the board to discuss the board's recommendation.	11479

(5) If the director disagrees with the board's	11480
recommendation, the director shall inform the board in writing of	11481
the director's decision and the reason for the decision prior to	11482
the next quarterly meeting. The director or the director's	11483
designee may meet with the board at the next quarterly meeting to	11484
answer questions regarding why the director disagreed with the	11485
board's recommendation.	11486

~~(C)~~(6) To the extent the board believes that a proposed rule	11487
does not comply with requirements established by the joint	11488
committee on agency rule review or the common sense initiative	11489
office, nothing in this section prohibits the board, in carrying	11490
out its duties under division (A)(1) of this section, from	11491
contacting the joint committee on agency rule review or the common	11492
sense initiative office.	11493

~~(D) In making recommendations under~~(C) For purposes of	11494
division (A)(2) of this section ~~for prescribing proposed fees for~~	11495
~~services provided by the bureau of environmental health~~, the board	11496
and the department shall develop a cost methodology, subject to	11497
approval by the director, regarding proposed fees for services	11498
provided by the department's bureau of environmental health.	11499

(D) For purposes of division (A)(3) of this section, a	11500
proposed WIC program policy change shall be treated as if it were	11501
a proposed rule subject to division (A)(1) of this section and the	11502
board and other entities involved in reviewing and making	11503
recommendations regarding the change may follow all or part of the	11504
procedures described in division (B) of this section.	11505

(E) This section does not apply to the following:

11506

(1) A proposed rule that is to be refiled with the joint	11507
committee on agency rule review solely because of technical or	11508
other nonsubstantive revisions;	11509

(2) The emergency adoption, amendment, or rescission of a	11510
rule under division (F) of section 119.03 of the Revised Code.	11511

Sec. 3701.74. (A) As used in this section and section	11512
3701.741 of the Revised Code:	11513

(1) "Ambulatory care facility" means a facility that provides	11514
medical, diagnostic, or surgical treatment to patients who do not	11515
require hospitalization, including a dialysis center, ambulatory	11516
surgical facility, cardiac catheterization facility, diagnostic	11517
imaging center, extracorporeal shock wave lithotripsy center, home	11518
health agency, inpatient hospice, birthing center, radiation	11519
therapy center, emergency facility, and an urgent care center.	11520
"Ambulatory care facility" does not include the private office of	11521
a physician or dentist, whether the office is for an individual or	11522
group practice.	11523

(2) "Chiropractor" means an individual licensed under Chapter	11524
4734. of the Revised Code to practice chiropractic.	11525

(3) "Emergency facility" means a hospital emergency	11526
department or any other facility that provides emergency medical	11527
services.	11528

(4) "Health care practitioner" means all of the following:

11529

(a) A dentist or dental hygienist licensed under Chapter	11530
4715. of the Revised Code;	11531

(b) A registered or licensed practical nurse licensed under	11532
Chapter 4723. of the Revised Code;	11533

(c) An optometrist licensed under Chapter 4725. of the	11534
Revised Code;	11535

(d) A dispensing optician, spectacle dispensing optician,	11536
contact lens dispensing optician, or spectacle-contact lens	11537
dispensing optician licensed under Chapter 4725. of the Revised	11538
Code;	11539

(e) A pharmacist licensed under Chapter 4729. of the Revised	11540
Code;	11541

(f) A physician;

11542

(g) A physician assistant authorized under Chapter 4730. of	11543
the Revised Code to practice as a physician assistant;	11544

(h) A practitioner of a limited branch of medicine issued a	11545
certificate under Chapter 4731. of the Revised Code;	11546

(i) A psychologist licensed under Chapter 4732. of the	11547
Revised Code;	11548

(j) A chiropractor;

11549

(k) A hearing aid dealer or fitter licensed under Chapter	11550
4747. of the Revised Code;	11551

(l) A speech-language pathologist or audiologist licensed	11552
under Chapter 4753. of the Revised Code;	11553

(m) An occupational therapist or occupational therapy	11554
assistant licensed under Chapter 4755. of the Revised Code;	11555

(n) A physical therapist or physical therapy assistant	11556
licensed under Chapter 4755. of the Revised Code;	11557

(o) A professional clinical counselor, professional	11558
counselor, social worker, or independent social worker licensed,	11559
or a social work assistant registered, under Chapter 4757. of the	11560
Revised Code;	11561

(p) A dietitian licensed under Chapter 4759. of the Revised	11562
Code;	11563

(q) A respiratory care professional licensed under Chapter	11564
4761. of the Revised Code;	11565

(r) An emergency medical technician-basic, emergency medical	11566
technician-intermediate, or emergency medical technician-paramedic	11567
certified under Chapter 4765. of the Revised Code.	11568

(5) "Health care provider" means a hospital, ambulatory care	11569
facility, long-term care facility, pharmacy, emergency facility,	11570
or health care practitioner.	11571

(6) "Hospital" has the same meaning as in section 3727.01 of	11572
the Revised Code.	11573

(7) "Long-term care facility" means a nursing home,	11574
residential care facility, or home for the aging, as those terms	11575
are defined in section 3721.01 of the Revised Code; a residential	11576
facility licensed under section 5119.34 of the Revised Code that	11577
provides accommodations, supervision, and personal care services	11578
for three to sixteen unrelated adults; a nursing facility, as	11579
defined in section 5165.01 of the Revised Code; a skilled nursing	11580
facility, as defined in section 5165.01 of the Revised Code; and	11581
an intermediate care facility for individuals with intellectual	11582
disabilities, as defined in section 5124.01 of the Revised Code.	11583

(8) "Medical record" means data in any form that pertains to	11584
a patient's medical history, diagnosis, prognosis, or medical	11585
condition and that is generated and maintained by a health care	11586
provider in the process of the patient's health care treatment.	11587

(9) "Medical records company" means a person who stores,	11588
locates, or copies medical records for a health care provider, or	11589
is compensated for doing so by a health care provider, and charges	11590
a fee for providing medical records to a patient or patient's	11591
representative.	11592

(10) "Patient" means either of the following:

11593

(a) An individual who received health care treatment from a	11594
health care provider;	11595

(b) A guardian, as defined in section 1337.11 of the Revised	11596
Code, of an individual described in division (A)(10)(a) of this	11597
section.	11598

(11) "Patient's personal representative" means a minor	11599
patient's parent or other person acting in loco parentis, a	11600
court-appointed guardian, or a person with durable power of	11601
attorney for health care for a patient, the executor or	11602
administrator of the patient's estate, or the person responsible	11603
for the patient's estate if it is not to be probated. "Patient's	11604
personal representative" does not include an insurer authorized	11605
under Title XXXIX of the Revised Code to do the business of	11606
sickness and accident insurance in this state, a health insuring	11607
corporation holding a certificate of authority under Chapter 1751.	11608
of the Revised Code, or any other person not named in this	11609
division.	11610

(12) "Pharmacy" has the same meaning as in section 4729.01 of	11611
the Revised Code.	11612

(13) "Physician" means a person authorized under Chapter	11613
4731. of the Revised Code to practice medicine and surgery,	11614
osteopathic medicine and surgery, or podiatric medicine and	11615
surgery.	11616

(14) "Authorized person" means a person to whom a patient has	11617
given written authorization to act on the patient's behalf	11618
regarding the patient's medical record.	11619

(B) A patient, a patient's personal representative, or an	11620
authorized person who wishes to examine or obtain a copy of part	11621
or all of a medical record shall submit to the health care	11622
provider a written request signed by the patient, personal	11623
representative, or authorized person dated not more than one year	11624
before the date on which it is submitted. The request shall	11625
indicate whether the copy is to be sent to the requestor,	11626
physician or chiropractor, or held for the requestor at the office	11627
of the health care provider. Within a reasonable time after	11628
receiving a request that meets the requirements of this division	11629
and includes sufficient information to identify the record	11630
requested, a health care provider that has the patient's medical	11631
records shall permit the patient to examine the record during	11632
regular business hours without charge or, on request, shall	11633
provide a copy of the record in accordance with section 3701.741	11634
of the Revised Code, except that if a physician or chiropractor	11635
who has treated the patient determines for clearly stated	11636
treatment reasons that disclosure of the requested record is	11637
likely to have an adverse effect on the patient, the health care	11638
provider shall provide the record to a physician or chiropractor	11639
designated by the patient. The health care provider shall take	11640
reasonable steps to establish the identity of the person making	11641
the request to examine or obtain a copy of the patient's record.	11642

(C) If a health care provider fails to furnish a medical	11643
record as required by division (B) of this section, the patient,	11644
personal representative, or authorized person who requested the	11645
record may bring a civil action to enforce the patient's right of	11646
access to the record.	11647

(D)(1) This section does not apply to medical records whose	11648
release is covered by section 173.20 or 3721.13 of the Revised	11649
Code, by Chapter 1347., 5119., or 5122. of the Revised Code, by 42	11650
C.F.R. part 2, "Confidentiality of Alcohol and Drug Abuse Patient	11651
Records," or by 42 C.F.R. 483.10.	11652

(2) Nothing in this section is intended to supersede the	11653
confidentiality provisions of sections 2305.24, 2305.25, 2305.251,	11654
and 2305.252 of the Revised Code.	11655

Sec. 3701.83. ~~(A)~~ There is hereby created in the state	11656
treasury the general operations fund. Moneys in the fund shall be	11657
used for the purposes specified in sections 3701.04, 3701.344,	11658
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3721.022,	11659
3729.07, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 3748.13,	11660
3749.04, 3749.07, 4747.04, and 4769.09 of the Revised Code.	11661

~~(B) The alcohol testing program fund is hereby created in the~~	11662
~~state treasury. The director of health shall use the fund to~~	11663
~~administer and enforce the alcohol testing and permit program~~	11664
~~authorized by section 3701.143 of the Revised Code.~~	11665

~~The fund shall receive transfers from the liquor control fund~~	11666
~~created under section 4301.12 of the Revised Code. All investment~~	11667
~~earnings of the alcohol testing program fund shall be credited to~~	11668
~~the fund.~~	11669

Sec. 3702.511. (A) Except as provided in division (B) of this	11670
section, the following activities are reviewable under sections	11671
3702.51 to 3702.62 of the Revised Code:	11672

(1) Establishment, development, or construction of a new	11673
long-term care facility;	11674

(2) Replacement of an existing long-term care facility;

11675

(3) Renovation of or addition to a long-term care facility	11676
that involves a capital expenditure of two million dollars or	11677
more, not including expenditures for equipment, staffing, or	11678
operational costs;	11679

(4) ~~Either of the following changes in long-term care bed~~	11680
~~capacity:~~	11681

~~(a)~~ An increase in long-term care bed capacity;

11682

~~(b)~~(5) A relocation of long-term care beds from one physical	11683
facility or site to another, excluding relocation of beds within a	11684
long-term care facility or among buildings of a long-term care	11685
facility at the same site.	11686

~~(5) Any change in the bed capacity or site, or any other~~	11687
~~failure to conduct a reviewable activity in substantial accordance~~	11688
~~with the approved application for which a certificate of need~~	11689
~~concerning long-term care beds was granted, if the change is made~~	11690
~~within five years after the implementation of the reviewable~~	11691
~~activity for which the certificate was granted~~;	11692

(6) Expenditure of more than one hundred ten per cent of the	11693
maximum expenditure specified in a certificate of need concerning	11694
long-term care beds.	11695

(B) The following activities are not subject to review under	11696
sections 3702.51 to 3702.62 of the Revised Code:	11697

(1) Acquisition of computer hardware or software;

11698

(2) Acquisition of a telephone system;

11699

(3) Construction or acquisition of parking facilities;

11700

(4) Correction of cited deficiencies that constitute an	11701
imminent threat to public health or safety and are in violation of	11702
federal, state, or local fire, building, or safety statutes,	11703
ordinances, rules, or regulations;	11704

(5) Acquisition of an existing long-term care facility that	11705
does not involve a change in the number of the beds;	11706

(6) Mergers, consolidations, or other corporate	11707
reorganizations of long-term care facilities that do not involve a	11708
change in the number of beds;	11709

(7) Construction, repair, or renovation of bathroom	11710
facilities;	11711

(8) Construction of laundry facilities, waste disposal	11712
facilities, dietary department projects, heating and air	11713
conditioning projects, administrative offices, and portions of	11714
medical office buildings used exclusively for physician services;	11715

(9) Removal of asbestos from a health care facility.

11716

Only that portion of a project that is described in this	11717
division is not reviewable.	11718

Sec. 3702.52. The director of health shall administer a	11719
state certificate of need program in accordance with sections	11720
3702.51 to 3702.62 of the Revised Code and rules adopted under	11721
those sections.	11722

(A) The director shall issue rulings on whether a particular	11723
proposed project is a reviewable activity. The director shall	11724
issue a ruling not later than forty-five days after receiving a	11725
request for a ruling accompanied by the information needed to make	11726
the ruling. If the director does not issue a ruling in that time,	11727
the project shall be considered to have been ruled not a	11728
reviewable activity.	11729

(B)(1) Each application for a certificate of need shall be	11730
submitted to the director on forms and in the manner prescribed by	11731
the director. Each application shall include a plan for obligating	11732
the capital expenditures or implementing the proposed project on a	11733
timely basis in accordance with section 3702.524 of the Revised	11734
Code. Each application shall also include all other information	11735
required by rules adopted under division (B) of section 3702.57 of	11736
the Revised Code.	11737

(2) Each application shall be accompanied by the application	11738
fee established in rules adopted under division (G) of section	11739
3702.57 of the Revised Code. Application fees received by the	11740
director under this division shall be deposited into the state	11741
treasury to the credit of the certificate of need fund, which is	11742
hereby created. The director shall use the fund only to pay the	11743
costs of administering sections 3702.11 to 3702.20, 3702.30, and	11744
3702.51 to 3702.62 of the Revised Code and rules adopted under	11745
those sections. An application fee is nonrefundable unless the	11746
director determines that the application cannot be accepted.	11747

(3) The director shall review applications for certificates	11748
of need. As part of a review, the director shall determine whether	11749
an application is complete. The director shall not consider an	11750
application to be complete unless the application meets all	11751
criteria for a complete application specified in rules adopted	11752
under section 3702.57 of the Revised Code. The director shall mail	11753
to the applicant a written notice that the application is	11754
complete, or a written request for additional information, not	11755
later than thirty days after receiving an application or a	11756
response to an earlier request for information. Except as provided	11757
in section 3702.522 of the Revised Code, the director shall not	11758
make more than two requests for additional information. The	11759
director's determination that an application is not complete is	11760
final and not subject to appeal.	11761

(4) Except as necessary to comply with a subpoena issued	11762
under division (F) of this section, after a notice of completeness	11763
has been received, no person shall make revisions to information	11764
that was submitted to the director before the director mailed the	11765
notice of completeness or knowingly discuss in person or by	11766
telephone the merits of the application with the director. A	11767
person may supplement an application after a notice of	11768
completeness has been received by submitting clarifying	11769
information to the director.	11770

(C) All of the following apply to the process of granting or	11771
denying a certificate of need:	11772

(1) If the project proposed in a certificate of need	11773
application meets all of the applicable certificate of need	11774
criteria for approval under sections 3702.51 to 3702.62 of the	11775
Revised Code and the rules adopted under those sections, the	11776
director shall grant a certificate of need for all or part of the	11777
project that is the subject of the application by the applicable	11778
deadline specified in division (C)(4) of this section or any	11779
extension of it under division (C)(5) of this section.	11780

(2) The director's grant of a certificate of need does not	11781
affect, and sets no precedent for, the director's decision to	11782
grant or deny other applications for similar reviewable	11783
activities.	11784

(3) Any affected person may submit written comments regarding	11785
an application. The director shall consider all written comments	11786
received by the ~~thirtieth~~forty-fifth day after ~~mailing the notice~~	11787
~~of completeness or, in the case of applications under comparative~~	11788
~~review, by the thirtieth day after~~the application is submitted to	11789
the director ~~mails the last notice of completeness~~.	11790

(4) Except as provided in division (C)(5) of this section,	11791
the director shall grant or deny certificate of need applications	11792
not later than sixty days after mailing the notice of	11793
completeness.	11794

(5) Except as otherwise provided in division (C)(6) of this	11795
section, the director or the applicant may extend the deadline	11796
prescribed in division (C)(4) of this section once, for no longer	11797
than thirty days, by written notice before the end of the deadline	11798
prescribed by division (C)(4) of this section. An extension by the	11799
director under division (C)(5) of this section shall apply to all	11800
applications that are in comparative review.	11801

(6) No applicant in a comparative review may extend the	11802
deadline specified in division (C)(4) of this section.	11803

(7) If the director does not grant or deny the certificate by	11804
the applicable deadline specified in division (C)(4) of this	11805
section or any extension of it under division (C)(5) of this	11806
section, the certificate shall be considered to have been granted.	11807

(8) In granting a certificate of need, the director shall	11808
specify as the maximum capital expenditure the certificate holder	11809
may obligate under the certificate a figure equal to one hundred	11810
ten per cent of the approved project cost.	11811

(9) In granting a certificate of need, the director may grant	11812
the certificate with conditions that must be met by the holder of	11813
the certificate.	11814

(D) When a certificate of need is granted for a project under	11815
which beds are to be relocated, upon completion of the project for	11816
which the certificate of need was granted a number of beds equal	11817
to the number of beds relocated shall cease to be operated in the	11818
long-term care facility from which they are relocated, except that	11819
the beds may continue to be operated for not more than fifteen	11820
days to allow relocation of residents to the facility to which the	11821
beds have been relocated. Notwithstanding section 3721.03 of the	11822
Revised Code, if the relocated beds are in a home licensed under	11823
Chapter 3721. of the Revised Code, the facility's license is	11824
automatically reduced by the number of beds relocated effective	11825
fifteen days after the beds are relocated. If the beds are in a	11826
facility that is certified as a skilled nursing facility or	11827
nursing facility under Title XVIII or XIX of the "Social Security	11828
Act," the certification for the beds shall be surrendered. If the	11829
beds are registered under section 3701.07 of the Revised Code as	11830
skilled nursing beds or long-term care beds, the director shall	11831
remove the beds from registration not later than fifteen days	11832
after the beds are relocated.	11833

(E) ~~The director shall monitor the activities of persons~~	11834
~~granted certificates of need during~~During the period beginning	11835
with the granting of ~~the~~a certificate of need and ending five	11836
years after implementation of the reviewable activity for which	11837
the certificate was granted, the director shall monitor the	11838
activities of the person granted the certificate to determine	11839
whether the reviewable activity is conducted in substantial	11840
accordance with the certificate. A reviewable activity shall not	11841
be determined to be not in substantial accordance with the	11842
certificate of need solely because of a decrease in bed capacity.	11843

(F) When reviewing applications for certificates of need,	11844
considering appeals under section 3702.60 of the Revised Code, or	11845
monitoring activities of persons granted certificates of need, the	11846
director may issue and enforce, in the manner provided in section	11847
119.09 of the Revised Code, subpoenas and subpoenas duces tecum to	11848
compel a person to testify and produce documents relevant to	11849
review of the application, consideration of the appeal, or	11850
monitoring of the activities. In addition, the director or the	11851
director's designee may visit the sites where the activities are	11852
or will be conducted.	11853

(G) The director may withdraw certificates of need.

11854

(H) All long-term care facilities shall submit to the	11855
director, upon request, any information prescribed by rules	11856
adopted under division (H) of section 3702.57 of the Revised Code	11857
that is necessary to conduct reviews of certificate of need	11858
applications and to develop criteria for reviews.	11859

(I) Any decision to grant or deny a certificate of need shall	11860
consider the special needs and circumstances resulting from moral	11861
and ethical values and the free exercise of religious rights of	11862
long-term care facilities administered by religious organizations,	11863
and the special needs and circumstances of inner city and rural	11864
communities.	11865

Sec. 3702.526. (A) Except as provided in division (B) of this	11866
section, the director of health shall accept an application for a	11867
replacement certificate of need for an activity described in	11868
division (A)~~(5)~~ of section 3702.511 of the Revised Code to replace	11869
an approved certificate of need ~~for that activity~~ if all of the	11870
following conditions are met:	11871

(1) The applicant requests the replacement certificate of	11872
need so that the reviewable activity for which the approved	11873
certificate of need was granted can be implemented in a manner	11874
that is not in substantial accordance with the approved	11875
certificate of need.	11876

(2) The applicant is the same as the applicant for the	11877
approved certificate of need or an affiliated or related person as	11878
described in division (B) of section 3702.523 of the Revised Code.	11879

~~(2)~~(3) The source of any long-term care beds to be relocated	11880
is the same as in the approved certificate of need.	11881

~~(3)~~(4) The application for the approved certificate of need	11882
was not subject to comparative review under section 3702.593 of	11883
the Revised Code.	11884

(B) The director shall not accept an application for a	11885
replacement certificate that proposes to increase the number of	11886
long-term care beds to be relocated specified in the application	11887
for the approved certificate of need.	11888

(C) For the purpose of determining whether long-term care	11889
beds are from an existing long-term care facility, the director	11890
shall consider the date of filing of the application for a	11891
replacement certificate to be the same as the date of filing of	11892
the original application for the approved certificate of need.	11893

(D) Any long-term care beds that were ~~approved~~proposed to be	11894
relocated in the approved certificate of need remain ~~approved~~	11895
eligible to be recategorized as a different category of long-term	11896
care beds in the application for a replacement certificate.	11897

(E) The applicant shall submit with the application for a	11898
replacement certificate a nonrefundable fee equal to the	11899
application fee for the approved certificate of need.	11900

(F) The director shall review and approve or deny the	11901
application for the replacement certificate in the same manner as	11902
the application for the approved certificate of need.	11903

(G) Upon approval of the application for a replacement	11904
certificate, the original certificate of need is automatically	11905
voided.	11906

Sec. 3702.59. (A) The director of health shall accept for	11907
review certificate of need applications as provided in sections	11908
3702.592, 3702.593, and 3702.594 of the Revised Code.	11909

(B)(1) The director shall not approve an application for a	11910
certificate of need for the addition of long-term care beds to an	11911
existing long-term care facility or for the development of a new	11912
long-term care facility if any of the following apply:	11913

(a) The existing long-term care facility in which the beds	11914
are being placed has one or more waivers for life safety code	11915
deficiencies, one or more state fire code violations, or one or	11916
more state building code violations, and the project identified in	11917
the application does not propose to correct all life safety code	11918
deficiencies for which a waiver has been granted, all state fire	11919
code violations, and all state building code violations at the	11920
existing long-term care facility in which the beds are being	11921
placed;	11922

(b) During the sixty-month period preceding the filing of the	11923
application, a notice of proposed license revocation was issued	11924
under section 3721.03 of the Revised Code for the existing	11925
long-term care facility in which the beds are being placed or a	11926
nursing home owned or operated by the applicant or a principal	11927
participant.	11928

(c) During the period that precedes the filing of the	11929
application and is encompassed by the three most recent standard	11930
surveys of the existing long-term care facility in which the beds	11931
are being placed, any of the following occurred:	11932

(i) The facility was cited on three or more separate	11933
occasions for final, nonappealable actual harm but not immediate	11934
jeopardy deficiencies.	11935

(ii) The facility was cited on two or more separate occasions	11936
for final, nonappealable immediate jeopardy deficiencies.	11937

(iii) The facility was cited on two separate occasions for	11938
final, nonappealable actual harm but not immediate jeopardy	11939
deficiencies and on one occasion for a final, nonappealable	11940
immediate jeopardy deficiency.	11941

(d) More than two nursing homes owned or operated in this	11942
state by the applicant or a principal participant or, if the	11943
applicant or a principal participant owns or operates more than	11944
twenty nursing homes in this state, more than ten per cent of	11945
those nursing homes, were each cited during the period that	11946
precedes the filing of the application for the certificate of need	11947
and is encompassed by the three most recent standard surveys of	11948
the nursing homes that were so cited in any of the following	11949
manners:	11950

(i) On three or more separate occasions for final,	11951
nonappealable actual harm but not immediate jeopardy deficiencies;	11952

(ii) On two or more separate occasions for final,	11953
nonappealable immediate jeopardy deficiencies;	11954

(iii) On two separate occasions for final, nonappealable	11955
actual harm but not immediate jeopardy deficiencies and on one	11956
occasion for a final, nonappealable immediate jeopardy deficiency.	11957

(2) In applying divisions (B)(1)(a) to (d) of this section,	11958
the director shall not consider deficiencies or violations cited	11959
before the applicant or a principal participant acquired or began	11960
to own or operate the long-term care facility at which the	11961
deficiencies or violations were cited. The director may disregard	11962
deficiencies and violations cited after the long-term care	11963
facility was acquired or began to be operated by the applicant or	11964
a principal participant if the deficiencies or violations were	11965
attributable to circumstances that arose under the previous owner	11966
or operator and the applicant or principal participant has	11967
implemented measures to alleviate the circumstances. In the case	11968
of an application proposing development of a new long-term care	11969
facility by relocation of beds, the director shall not consider	11970
deficiencies or violations that were solely attributable to the	11971
physical plant of the existing long-term care facility from which	11972
the beds are being relocated.	11973

(C) The director also shall accept for review any application	11974
for the conversion of infirmary beds to long-term care beds if the	11975
infirmary meets all of the following conditions:	11976

(1) Is operated exclusively by a religious order;

11977

(2) Provides care exclusively to members of religious orders	11978
who take vows of celibacy and live by virtue of their vows within	11979
the orders as if related;	11980

(3) Was providing care exclusively to members of such a	11981
religious order on January 1, 1994.	11982

(D) Notwithstanding division (C)(2) of this section, a	11983
facility that has been granted a certificate of need under	11984
division (C) of this section may provide care to any of the	11985
following family members of the individuals described in division	11986
(C)(2) of this section: mothers, fathers, brothers, sisters,	11987
brothers-in-law, sisters-in-law, or children. Such a facility may	11988
also provide care to any individual who has been designated an	11989
associate member by the religious order that operates the	11990
facility.	11991

The long-term care beds in a facility that have been granted	11992
a certificate of need under division (C) of this section may not	11993
be relocated pursuant to sections 3702.592 to 3702.594 of the	11994
Revised Code.	11995

Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the	11996
Revised Code:	11997

(A) "Full-time practice" means working a minimum of forty	11998
hours per week for a minimum of forty-five weeks each service	11999
year.	12000

(B) "Part-time practice" means working a minimum of twenty	12001
and a maximum of thirty-nine hours per week for a minimum of	12002
forty-five weeks per service year.	12003

(C) "Primary care physician" means an individual who is	12004
authorized under Chapter 4731. of the Revised Code to practice	12005
medicine and surgery or osteopathic medicine and surgery and is	12006
board certified or board eligible in a primary care specialty.	12007

~~(B)~~(D) "Primary care service" means professional	12008
comprehensive personal health services, which may include health	12009
education and disease prevention, treatment of uncomplicated	12010
health problems, diagnosis of chronic health problems, overall	12011
management of health care services for an individual or a family,	12012
and the services of a psychiatrist. "Primary care service" also	12013
includes providing the initial contact for health care services	12014
~~and~~, making referrals for secondary and tertiary care and for	12015
continuity of health care services, and teaching activities to the	12016
extent specified in a contract entered into pursuant to section	12017
3702.74 of the Revised Code.	12018

~~(C)~~(E) "Primary care specialty" means general internal	12019
medicine, pediatrics, adolescent medicine, obstetrics and	12020
gynecology, psychiatry, child and adolescent psychiatry, geriatric	12021
psychiatry, combined internal medicine and pediatrics, geriatrics,	12022
or family practice.	12023

(F) "Teaching activities" means supervising medical students	12024
and medical residents at the service site specified in the letter	12025
of intent described in section 3702.73 of the Revised Code.	12026

Sec. 3702.74. (A) A primary care physician who has signed a	12027
letter of intent under section 3702.73 of the Revised Code and the	12028
director of health may enter into a contract for the physician's	12029
participation in the physician loan repayment program. The	12030
physician's employer or other funding source may also be a party	12031
to the contract.	12032

(B) The contract shall include all of the following	12033
obligations:	12034

(1) The primary care physician agrees to provide primary care	12035
services in the health resource shortage area identified in the	12036
letter of intent for ~~at least two years~~the number of hours and	12037
duration specified in the contract;	12038

(2) When providing primary care services in the health	12039
resource shortage area, the primary care physician agrees to do	12040
all of the following:	12041

(a) Provide primary care services ~~for a minimum of forty~~	12042
~~hours per week, of which at least twenty-one hours will be spent~~	12043
~~providing patient care~~ in an outpatient or ambulatory setting	12044
approved by the department of health;	12045

(b) Provide primary care services without regard to a	12046
patient's ability to pay;	12047

(c) Meet the requirements for a medicaid provider agreement	12048
and enter into the agreement with the department of medicaid to	12049
provide primary care services to medicaid recipients.	12050

(3) The department of health agrees, as provided in section	12051
3702.75 of the Revised Code, to repay, so long as the primary care	12052
physician performs the service obligation agreed to under division	12053
(B)(1) of this section, all or part of the principal and interest	12054
of a government or other educational loan taken by the primary	12055
care physician for expenses described in section 3702.75 of the	12056
Revised Code;	12057

(4) The primary care physician agrees to pay the department	12058
of health an amount established by rules adopted under section	12059
3702.79 of the Revised Code if the physician fails to complete the	12060
service obligation agreed to under division (B)(1) of this	12061
section.	12062

(C) The contract ~~may include any other terms agreed upon by~~	12063
~~the parties~~shall include the following terms as agreed upon by	12064
the parties:	12065

(1) The primary care physician's required length of service	12066
in the health resource shortage area, which must be at least two	12067
years;	12068

(2) The number of weekly hours the primary care physician	12069
will be engaged in full-time practice or part-time practice in the	12070
health resource shortage area;	12071

(3) The maximum amount that the department will repay on	12072
behalf of the primary care physician;	12073

(4) The extent to which the primary care physician's teaching	12074
activities will be counted toward the physician's full-time	12075
practice or part-time practice hours under the contract.	12076

(D) If the amount specified in division (C)(3) of this	12077
section includes funds from the bureau of clinician recruitment	12078
and service in the United States department of health and human	12079
services, the amount of state funds repaid on the individual's	12080
behalf shall be the same as the amount of those funds.	12081

Sec. 3702.75. There is hereby created the physician loan	12082
repayment program. Under the program, the department of health, by	12083
means of a contract provision under division (B)(3) of section	12084
3702.74 of the Revised Code, may agree to repay all or part of the	12085
principal and interest of a government or other educational loan	12086
taken by a primary care physician for the following expenses, so	12087
long as the expenses were incurred while the physician was	12088
enrolled in, for up to a maximum of four years, a medical school	12089
or osteopathic medical school in the United States that was,	12090
during the time enrolled, accredited by the liaison committee on	12091
medical education or the American osteopathic association, or a	12092
medical school or osteopathic medical school located outside the	12093
United States that was, during the time enrolled, acknowledged by	12094
the world health organization and verified by a member state of	12095
that organization as operating within the state's jurisdiction:	12096

(A) Tuition;

12097

(B) Other educational expenses, such as fees, books, and	12098
laboratory expenses, for specific purposes and in amounts	12099
determined to be reasonable by the director of health;	12100

(C) Room and board, in an amount determined reasonable by the	12101
director of health.	12102

~~In the first and second years, no repayment shall exceed~~	12103
~~twenty-five thousand dollars in each year. In the third and fourth~~	12104
~~years, no repayment shall exceed thirty-five thousand dollars in~~	12105
~~each year. If, however, a repayment results in an increase in the~~	12106
~~primary care physician's federal, state, or local income tax~~	12107
~~liability, at the physician's request, the department may~~	12108
~~reimburse the physician for the increased tax liability,~~	12109
~~regardless of the amount of the repayment made to the physician in~~	12110
~~that year.~~	12111

~~Not later than the thirty-first day of January each year, the~~	12112
~~department shall mail to each physician to whom or on whose behalf~~	12113
~~repayment is made under this section a statement showing the~~	12114
~~amount repaid by the department pursuant to the contract in the~~	12115
~~preceding year. The statement shall be sent by ordinary mail with~~	12116
~~address correction and forwarding requested in the manner~~	12117
~~prescribed by the United States postal service.~~	12118

Sec. 3702.91. (A) As used in this section:

12119

(1) "Full-time practice" and "part-time practice" have the	12120
same meanings as in section 3702.71 of the Revised Code;	12121

(2) "Teaching activities" means supervising dental students	12122
and dental residents at the service site specified in the letter	12123
of intent described in section 3702.90 of the Revised Code.	12124

(B) An individual who has signed a letter of intent ~~under~~	12125
~~section 3702.90 of the Revised Code~~ may enter into a contract with	12126
the director of health for participation in the dentist loan	12127
repayment program. The dentist's employer or other funding source	12128
may also be a party to the contract.	12129

~~(B)~~(C) The contract shall include all of the following	12130
obligations:	12131

(1) The individual agrees to provide dental services in the	12132
dental health resource shortage area identified in the letter of	12133
intent for ~~at least two years~~the number of hours and duration	12134
specified in the contract.	12135

(2) When providing dental services in the dental health	12136
resource shortage area, the individual agrees to do all of the	12137
following:	12138

(a) Provide dental services ~~for a minimum of forty hours per~~	12139
~~week~~in a service site approved by the department of health;	12140

(b) Provide dental services without regard to a patient's	12141
ability to pay;	12142

(c) Meet the requirements for a medicaid provider agreement	12143
and enter into the agreement with the department of medicaid to	12144
provide dental services to medicaid recipients.	12145

(3) The department of health agrees, as provided in section	12146
3702.85 of the Revised Code, to repay, so long as the individual	12147
performs the service obligation agreed to under division ~~(B)~~(C)(1)	12148
of this section, all or part of the principal and interest of a	12149
government or other educational loan taken by the individual for	12150
expenses described in section 3702.85 of the Revised Code.	12151

(4) The individual agrees to pay the department of health an	12152
amount established by rules adopted under section 3702.86 of the	12153
Revised Code, if the individual fails to complete the service	12154
obligation agreed to under division ~~(B)~~(C)(1) of this section.	12155

~~(C)~~(D) The contract ~~may~~shall include ~~any other~~the following	12156
terms as agreed upon by the parties:	12157

(1) The individual's required length of service in the dental	12158
health resource shortage area, which must be at least two years;	12159

(2) The number of weekly hours the individual will be engaged	12160
in full-time practice or part-time practice;	12161

(3) The maximum amount that the department will repay on	12162
behalf of the individual;	12163

(4) The extent to which the individual's teaching activities	12164
will be counted toward the individual's full-time practice or	12165
part-time practice hours under the contract.	12166

~~(D) Not later than the thirty-first day of January of each~~	12167
~~year, the department of health shall mail to each individual to~~	12168
~~whom or on whose behalf repayment is made under the dentist loan~~	12169
~~repayment program a statement showing the amount of principal and~~	12170
~~interest repaid by the department pursuant to the contract in the~~	12171
~~preceding year. The statement shall be sent by ordinary mail with~~	12172
~~address correction and forwarding requested in the manner~~	12173
~~prescribed by the United States postal service.~~	12174

(E) If the amount specified in division (D)(3) of this	12175
section includes funds from the bureau of clinician recruitment	12176
and service in the United States department of health and human	12177
services, the amount of state funds repaid on the individual's	12178
behalf shall be the same as the amount of those funds.	12179

Sec. 3702.95. The director of health may accept gifts of	12180
money from any source for the implementation and administration of	12181
sections 3702.85 to ~~3702.93~~3702.92 of the Revised Code.	12182

The director shall pay all gifts accepted under this section	12183
into the state treasury, to the credit of the dental health	12184
resource shortage area fund, which is hereby created, and all	12185
damages collected under division ~~(B)~~(C)(4) of section 3702.91 of	12186
the Revised Code, into the state treasury, to the credit of the	12187
dentist loan repayment fund, which is hereby created.	12188

The director shall use the dental health resource shortage	12189
area and dentist loan repayment funds for the implementation and	12190
administration of sections 3702.85 to 3702.95 of the Revised Code.	12191

Sec. 3721.02. (A) As used in this section, "residential	12192
facility" means a residential facility licensed under section	12193
5119.34 of the Revised Code that provides accommodations,	12194
supervision, and personal care services for three to sixteen	12195
unrelated adults.	12196

(B)(1) The director of health shall license homes and	12197
establish procedures to be followed in inspecting and licensing	12198
homes. The director may inspect a home at any time. Each home	12199
shall be inspected by the director at least once prior to the	12200
issuance of a license and at least once every fifteen months	12201
thereafter. The state fire marshal or a township, municipal, or	12202
other legally constituted fire department approved by the marshal	12203
shall also inspect a home prior to issuance of a license, at least	12204
once every fifteen months thereafter, and at any other time	12205
requested by the director. A home does not have to be inspected	12206
prior to issuance of a license by the director, state fire	12207
marshal, or a fire department if ownership of the home is assigned	12208
or transferred to a different person and the home was licensed	12209
under this chapter immediately prior to the assignment or	12210
transfer. The director may enter at any time, for the purposes of	12211
investigation, any institution, residence, facility, or other	12212
structure that has been reported to the director or that the	12213
director has reasonable cause to believe is operating as a nursing	12214
home, residential care facility, or home for the aging without a	12215
valid license required by section 3721.05 of the Revised Code or,	12216
in the case of a county home or district home, is operating	12217
despite the revocation of its residential care facility license.	12218
The director may delegate the director's authority and duties	12219
under this chapter to any division, bureau, agency, or official of	12220
the department of health.	12221

(2)(a) If, prior to issuance of a license, a home submits a	12222
request for an expedited licensing inspection and the request is	12223
submitted in a manner and form approved by the director, the	12224
director shall commence an inspection of the home not later than	12225
ten business days after receiving the request.	12226

(b) On request, submitted in a manner and form approved by	12227
the director, the director may review plans for a building that is	12228
to be used as a home for compliance with applicable state and	12229
local building and safety codes.	12230

(c) The director may charge a fee for an expedited licensing	12231
inspection or a plan review that is adequate to cover the expense	12232
of expediting the inspection or reviewing the plans. The fee shall	12233
be deposited in the state treasury to the credit of the general	12234
operations fund created in section 3701.83 of the Revised Code and	12235
used solely for expediting inspections and reviewing plans.	12236

(C) A single facility may be licensed both as a nursing home	12237
pursuant to this chapter and as a residential facility pursuant to	12238
section 5119.34 of the Revised Code if the director determines	12239
that the part or unit to be licensed as a nursing home can be	12240
maintained separate and discrete from the part or unit to be	12241
licensed as a residential facility.	12242

(D) In determining the number of residents in a home for the	12243
purpose of licensing, the director shall consider all the	12244
individuals for whom the home provides accommodations as one group	12245
unless one of the following is the case:	12246

(1) The home is a home for the aging, in which case all the	12247
individuals in the part or unit licensed as a nursing home shall	12248
be considered as one group, and all the individuals in the part or	12249
unit licensed as a rest home shall be considered as another group.	12250

(2) The home is both a nursing home and a residential	12251
facility. In that case, all the individuals in the part or unit	12252
licensed as a nursing home shall be considered as one group, and	12253
all the individuals in the part or unit licensed as an adult care	12254
facility shall be considered as another group.	12255

(3) The home maintains, in addition to a nursing home or	12256
residential care facility, a separate and discrete part or unit	12257
that provides accommodations to individuals who do not require or	12258
receive skilled nursing care and do not receive personal care	12259
services from the home, in which case the individuals in the	12260
separate and discrete part or unit shall not be considered in	12261
determining the number of residents in the home if the separate	12262
and discrete part or unit is in compliance with the Ohio basic	12263
building code established by the board of building standards under	12264
Chapters 3781. and 3791. of the Revised Code and the home permits	12265
the director, on request, to inspect the separate and discrete	12266
part or unit and speak with the individuals residing there, if	12267
they consent, to determine whether the separate and discrete part	12268
or unit meets the requirements of this division.	12269

(E)(1) The director of health shall charge the following	12270
application fee and annual renewal licensing and inspection fee	12271
for each fifty persons or part thereof of a home's licensed	12272
capacity:	12273

(a) For state fiscal year 2010, two hundred twenty dollars;

12274

(b) For state fiscal year 2011, two hundred seventy dollars;

12275

(c) For each state fiscal year thereafter, three hundred	12276
twenty dollars.	12277

(2) All fees collected by the director for the issuance or	12278
renewal of licenses shall be deposited into the state treasury to	12279
the credit of the general operations fund created in section	12280
3701.83 of the Revised Code for use only in administering and	12281
enforcing this chapter and rules adopted under it.	12282

(F)(1) Except as otherwise provided in this section, the	12283
results of an inspection or investigation of a home that is	12284
conducted under this section, including any statement of	12285
deficiencies and all findings and deficiencies cited in the	12286
statement on the basis of the inspection or investigation, shall	12287
be used solely to determine the home's compliance with this	12288
chapter or another chapter of the Revised Code in any action or	12289
proceeding other than an action commenced under division (I) of	12290
section 3721.17 of the Revised Code. Those results of an	12291
inspection or investigation, that statement of deficiencies, and	12292
the findings and deficiencies cited in that statement shall not be	12293
used in any court or in any action or proceeding that is pending	12294
in any court and are not admissible in evidence in any action or	12295
proceeding unless that action or proceeding is an appeal of an	12296
action by the department of health under this chapter or is an	12297
action by any department or agency of the state to enforce this	12298
chapter or another chapter of the Revised Code.	12299

(2) Nothing in division ~~(E)~~(F)(1) of this section prohibits	12300
the results of an inspection or investigation conducted under this	12301
section from being used in a criminal investigation or	12302
prosecution.	12303

Sec. 3721.122. Before an individual is admitted as a	12304
resident to a home, the home's administrator shall search for the	12305
individual's name in the internet-based sex offender and	12306
child-victim offender database established under division (A)(11)	12307
of section 2950.13 of the Revised Code. If the search results	12308
identify the individual as a sex offender and the individual is	12309
admitted as a resident to the home, the administrator shall	12310
provide for the home to do all of the following:	12311

(A) Develop a plan of care to protect the other residents'	12312
rights to a safe environment and to be free from abuse;	12313

(B) Notify all of the home's other residents and their	12314
sponsors that a sex offender has been admitted as a resident to	12315
the home and include in the notice a description of the plan of	12316
care developed under division (A) of this section;	12317

(C) Direct the individual in updating the individual's	12318
address under section 2950.05 of the Revised Code and, if the	12319
individual is unable to do so without assistance, provide the	12320
assistance the individual needs to update the individual's address	12321
under that section.	12322

Sec. 3730.09. (A) Each operator of a business that offers	12323
tattooing or body piercing services shall do all of the following:	12324

(1) Maintain procedures for ensuring that the individuals who	12325
perform tattooing or body piercing procedures are adequately	12326
trained to perform the procedures properly;	12327

(2) With respect to tattooing services, maintain written	12328
records that include the color, manufacturer, and lot number of	12329
each pigment used for each tattoo performed;	12330

(3) Comply with the safety and sanitation requirements for	12331
preventing transmission of infectious diseases, as established in	12332
rules adopted under section 3730.10 of the Revised Code;	12333

(4) ~~Require the individuals who perform tattooing and body~~	12334
~~piercing procedures to disinfect and sterilize~~Ensure that all	12335
invasive equipment or parts of equipment used in performing ~~the~~	12336
tattooing and body piercing procedures are disinfected and	12337
sterilized by using methods that meet the disinfection and	12338
sterilization requirements established in rules adopted under	12339
section 3730.10 of the Revised Code;	12340

(5) Ensure that weekly tests of the business's heat	12341
sterilization devices are performed to determine whether the	12342
devices are functioning properly. In having the devices tested,	12343
the operator of the business shall use a biological monitoring	12344
system that indicates whether the devices are killing	12345
microorganisms. If a test indicates that a device is not	12346
functioning properly, the operator shall take immediate remedial	12347
action to ensure that heat sterilization is being accomplished.	12348
The operator shall maintain documentation that the weekly tests	12349
are being performed. To comply with the documentation requirement,	12350
the documents must consist of a log that indicates the date on	12351
which each test is performed and the name of the person who	12352
performed the test or, if a test was conducted by an independent	12353
testing entity, a copy of the entity's testing report. The	12354
operator shall maintain records of each test performed for at	12355
least two years.	12356

(B) Each operator of a business that offers ear piercing	12357
services performed with an ear piercing gun shall require the	12358
individuals who perform the ear piercing services to disinfect and	12359
sterilize the ear piercing gun by using chemical solutions that	12360
meet the disinfection and sterilization requirements established	12361
in rules adopted under section 3730.10 of the Revised Code.	12362

Sec. 3735.31. A metropolitan housing authority created under	12363
sections 3735.27 to 3735.50 of the Revised Code, constitutes a	12364
body corporate and politic. Nothing in this chapter shall limit	12365
the authority of a metropolitan housing authority, or a nonprofit	12366
corporation formed by a metropolitan housing authority to carry	12367
out its functions, to compete for and perform federal housing	12368
contracts or grants within or outside this state. To clear, plan,	12369
and rebuild slum areas within the district in which the authority	12370
is created, to provide safe and sanitary housing accommodations to	12371
families of low income within that district, or to accomplish any	12372
combination of the foregoing purposes, the authority may do any of	12373
the following:	12374

(A) Sue and be sued; have a seal; have corporate succession;	12375
receive grants from state, federal, or other governments, or from	12376
private sources; conduct investigations into housing and living	12377
conditions; enter any buildings or property in order to conduct	12378
its investigations; conduct examinations, subpoena, and require	12379
the attendance of witnesses and the production of books and	12380
papers; issue commissions for the examination of witnesses who are	12381
out of the state or unable to attend before the authority or	12382
excused from attendance; and in connection with these powers, any	12383
member of the authority may administer oaths, take affidavits, and	12384
issue subpoenas;	12385

(B) Determine what areas constitute slum areas, and prepare	12386
plans for housing projects in those areas; purchase, lease, sell,	12387
exchange, transfer, assign, or mortgage any property, real or	12388
personal, or any interest in that property, or acquire the same by	12389
gift, bequest, or eminent domain; own, hold, clear, and improve	12390
property; provide and set aside housing projects, or dwelling	12391
units comprising portions of housing projects, designed especially	12392
for the use of families, the head of which or the spouse of which	12393
is sixty-five years of age or older; engage in, or contract for,	12394
the construction, reconstruction, alteration, or repair, or both,	12395
of any housing project or part of any housing project; include in	12396
any contract let in connection with a project, stipulations	12397
requiring that the contractor and any subcontractors comply with	12398
requirements as to minimum wages and maximum hours of labor, and	12399
comply with any conditions that the federal government has	12400
attached to its financial aid of the project; lease or operate, or	12401
both, any project, and establish or revise schedules of rents for	12402
any projects or part of any project; arrange with the county or	12403
municipal corporations, or both, for the planning and replanning	12404
of streets, alleys, and other public places or facilities in	12405
connection with any area or project; borrow money upon its notes,	12406
debentures, or other evidences of indebtedness, and secure the	12407
same by mortgages upon property held or to be held by it, or by	12408
pledge of its revenues, or in any other manner; invest any funds	12409
held in reserves or sinking funds or not required for immediate	12410
disbursements; execute contracts and all other instruments	12411
necessary or convenient to the exercise of the powers granted in	12412
this section; make, amend, and repeal bylaws and rules to carry	12413
into effect its powers and purposes;	12414

(C) Borrow money or accept grants or other financial	12415
assistance from the federal government for or in aid of any	12416
housing project within its territorial limits; take over or lease	12417
or manage any housing project or undertaking constructed or owned	12418
by the federal government; comply with any conditions and enter	12419
into any mortgages, trust indentures, leases, or agreements that	12420
are necessary, convenient, or desirable;	12421

(D) Subject to section 3735.311 of the Revised Code, employ a	12422
police force to protect the lives and property of the residents of	12423
housing projects within the district, to preserve the peace in the	12424
housing projects, and to enforce the laws, ordinances, and	12425
regulations of this state and its political subdivisions in the	12426
housing projects and, when authorized by law, outside the limits	12427
of the housing projects.	12428

(E) Enter into an agreement with a county, municipal	12429
corporation, or township in whose jurisdiction the metropolitan	12430
housing authority is located that permits metropolitan housing	12431
authority police officers employed under division (D) of this	12432
section to exercise full arrest powers as provided in section	12433
2935.03 of the Revised Code, perform any police function, exercise	12434
any police power, or render any police service within specified	12435
areas of the county, municipal corporation, or township for the	12436
purpose of preserving the peace and enforcing all laws of the	12437
state, ordinances of the municipal corporation, or regulations of	12438
the township.	12439

Sec. 3735.67. (A) The owner of real property located in a	12440
community reinvestment area and eligible for exemption from	12441
taxation under a resolution adopted pursuant to section 3735.66 of	12442
the Revised Code may file an application for an exemption from	12443
real property taxation of a percentage of the assessed valuation	12444
of a new structure or remodeling, completed after the effective	12445
date of the resolution adopted pursuant to section 3735.66 of the	12446
Revised Code, with the housing officer designated pursuant to	12447
section 3735.66 of the Revised Code for the community reinvestment	12448
area in which the property is located. If any part of the new	12449
structure or remodeling that would be exempted is of real property	12450
to be used for commercial or industrial purposes, the legislative	12451
authority and the owner of the property shall enter into a written	12452
agreement pursuant to section 3735.671 of the Revised Code prior	12453
to commencement of construction or remodeling; if such an	12454
agreement is subject to approval by the board of education of the	12455
school district within the territory of which the property is or	12456
will be located, the agreement shall not be formally approved by	12457
the legislative authority until the board of education approves	12458
the agreement in the manner prescribed by that section.	12459

(B) The housing officer shall verify the construction of the	12460
new structure or the cost of the remodeling and the facts asserted	12461
in the application. The housing officer shall determine whether	12462
the construction or the cost of the remodeling meets the	12463
requirements for an exemption under this section. In cases	12464
involving a structure of historical or architectural significance,	12465
the housing officer shall not determine whether the remodeling	12466
meets the requirements for a tax exemption unless the	12467
appropriateness of the remodeling has been certified, in writing,	12468
by the society, association, agency, or legislative authority that	12469
has designated the structure or by any organization or person	12470
authorized, in writing, by such society, association, agency, or	12471
legislative authority to certify the appropriateness of the	12472
remodeling.	12473

(C) If the construction or remodeling meets the requirements	12474
for exemption, the housing officer shall forward the application	12475
to the county auditor with a certification as to the division of	12476
this section under which the exemption is granted, and the period	12477
and percentage of the exemption as determined by the legislative	12478
authority pursuant to that division. If the construction or	12479
remodeling is of commercial or industrial property and the	12480
legislative authority is not required to certify a copy of a	12481
resolution under section 3735.671 of the Revised Code, the housing	12482
officer shall comply with the notice requirements prescribed under	12483
section 5709.83 of the Revised Code, unless the board has adopted	12484
a resolution under that section waiving its right to receive such	12485
a notice.	12486

(D) Except as provided in division (F) of this section, the	12487
tax exemption shall first apply in the year the construction or	12488
remodeling would first be taxable but for this section. In the	12489
case of remodeling that qualifies for exemption, a percentage, not	12490
to exceed one hundred per cent, of the amount by which the	12491
remodeling increased the assessed value of the structure shall be	12492
exempted from real property taxation. In the case of construction	12493
of a structure that qualifies for exemption, a percentage, not to	12494
exceed one hundred per cent, of the assessed value of the	12495
structure shall be exempted from real property taxation. In either	12496
case, the percentage shall be the percentage set forth in the	12497
agreement if the structure or remodeling is to be used for	12498
commercial or industrial purposes, or the percentage set forth in	12499
the resolution describing the community reinvestment area if the	12500
structure or remodeling is to be used for residential purposes.	12501

The construction of new structures and the remodeling of	12502
existing structures are hereby declared to be a public purpose for	12503
which exemptions from real property taxation may be granted for	12504
the following periods:	12505

(1) For every dwelling containing not more than two family	12506
units located within the same community reinvestment area and upon	12507
which the cost of remodeling is at least two thousand five hundred	12508
dollars, a period to be determined by the legislative authority	12509
adopting the resolution describing the community reinvestment area	12510
where the dwelling is located, but not exceeding ten years unless	12511
extended pursuant to division (D)(3) of this section;	12512

(2) For every dwelling containing more than two units and	12513
commercial or industrial properties, located within the same	12514
community reinvestment area, upon which the cost of remodeling is	12515
at least five thousand dollars, a period to be determined by the	12516
legislative authority adopting the resolution, but not exceeding	12517
twelve years unless extended pursuant to division (D)(3) of this	12518
section;	12519

(3) The period of exemption for a dwelling described in	12520
division (D)(1) or (2) of this section may be extended by a	12521
legislative authority for up to an additional ten years if the	12522
dwelling is a structure of historical or architectural	12523
significance, is a certified historic structure that has been	12524
subject to federal tax treatment under 26 U.S.C. 47 and 170(h),	12525
and units within the structure have been leased to individual	12526
tenants for five consecutive years;	12527

(4) Except as provided in division (F) of this section, for	12528
construction of every dwelling, and commercial or industrial	12529
structure located within the same community reinvestment area, a	12530
period to be determined by the legislative authority adopting the	12531
resolution, but not exceeding fifteen years.	12532

(E) Any person, board, or officer authorized by section	12533
5715.19 of the Revised Code to file complaints or counterclaims to	12534
complaints with the county board of revision may file a complaint	12535
with the housing officer challenging the continued exemption of	12536
any property granted an exemption under this section. A complaint	12537
against exemption shall be filed prior to the thirty-first day of	12538
December of the tax year for which taxation of the property is	12539
requested. The housing officer shall determine whether the	12540
property continues to meet the requirements for exemption and	12541
shall certify the housing officer's findings to the complainant.	12542
If the housing officer determines that the property does not meet	12543
the requirements for exemption, the housing officer shall notify	12544
the county auditor, who shall correct the tax list and duplicate	12545
accordingly.	12546

(F) The owner of a dwelling constructed in a community	12547
reinvestment area may file an application for an exemption after	12548
the year the construction first became subject to taxation. The	12549
application shall be processed in accordance with the procedures	12550
prescribed under this section and shall be granted if the	12551
construction that is the subject of the application otherwise	12552
meets the requirements for an exemption under this section. If	12553
approved, the exemption sought in the application first applies in	12554
the year the application is filed. An exemption approved pursuant	12555
to this division continues only for those years remaining in the	12556
period described in division (D)(4) of this section. No exemption	12557
may be claimed for any year in that period that precedes the year	12558
in which the application is filed.	12559

Sec. 3737.02. (A) The fire marshal may collect fees to cover	12560
the costs of performing inspections and other duties that the fire	12561
marshal is authorized or required by law to perform. Except as	12562
provided in division (B) of this section, all fees collected by	12563
the fire marshal shall be deposited to the credit of the fire	12564
marshal's fund.	12565

(B)(1) All of the following shall be credited to the	12566
underground storage tank administration fund, which is hereby	12567
created in the state treasury:	12568

~~(1)~~(a) Fees collected under sections 3737.88 and 3737.881 of	12569
the Revised Code for operation of the underground storage tank and	12570
underground storage tank installer certification programs;	12571

~~(2)~~(b) Moneys recovered under section 3737.89 of the Revised	12572
Code for the state's costs of undertaking corrective or	12573
enforcement actions under that section or section 3737.882 of the	12574
Revised Code;	12575

~~(3)~~(c) Fines and penalties collected under section 3737.882	12576
of the Revised Code;	12577

~~(4) Amounts repaid for underground storage tank revolving~~	12578
~~loans under section 3737.883~~and other moneys, including	12579
corrective action enforcement case settlements or bankruptcy case	12580
awards or settlements, received by the fire marshal under sections	12581
3737.88 to 3737.89 of the Revised Code.	12582

~~(C)~~(2) All interest earned on moneys credited to the	12583
underground storage tank administration fund shall be credited to	12584
the fund. Moneys credited to the underground storage tank	12585
administration fund shall be used by the fire marshal for	12586
implementation and enforcement of underground storage tank,	12587
corrective action, and installer certification programs under	12588
sections 3737.88 to 3737.89 of the Revised Code. ~~Only moneys~~	12589
~~described in divisions (B)(3) and (4) of this section may be used~~	12590
~~by the fire marshal to make underground storage tank revolving~~	12591
~~loans under section 3737.883 of the Revised Code, and no other~~	12592
~~moneys may be used to make those loans.~~	12593

~~(D)~~(C) There is hereby created in the state treasury the	12594
underground storage tank revolving loan fund. The fund shall	12595
consist of amounts repaid for underground storage tank revolving	12596
loans under section 3737.883 of the Revised Code and moneys	12597
described in division (B)(1)(c) of this section that are allocated	12598
to the fund in accordance with division (D)(1) of this section.	12599
Moneys in the fund shall be used by the fire marshal to make	12600
underground storage tank revolving loans under section 3737.883 of	12601
the Revised Code.	12602

(D)(1) If the director of commerce determines that the cash	12603
balance in the underground storage tank administration fund is in	12604
excess of the amount needed for implementation and enforcement of	12605
the underground storage tank, corrective action, and installer	12606
certification programs under sections 3737.88 to 3737.89 of the	12607
Revised Code, the director may certify the excess amount to the	12608
director of budget and management. Upon certification, the	12609
director of budget and management may transfer from the	12610
underground storage tank administration fund to the underground	12611
storage tank revolving loan fund any amount up to, but not	12612
exceeding, the amount certified by the director of commerce,	12613
provided the amount transferred consists only of moneys described	12614
in division (B)(1)(c) of this section.	12615

(2) If the director of commerce determines that the cash	12616
balance in the underground storage tank administration fund is	12617
insufficient to implement and enforce the underground storage	12618
tank, corrective action, and installer certification programs	12619
under sections 3737.88 to 3737.89 of the Revised Code, the	12620
director may certify the amount needed to the director of budget	12621
and management. Upon certification, the director of budget and	12622
management may transfer from the underground storage tank	12623
revolving loan fund to the underground storage tank administration	12624
fund any amount up to, but not exceeding, the amount certified by	12625
the director of commerce.	12626

(E) The fire marshal shall take all actions necessary to	12627
obtain any federal funding available to carry out the fire	12628
marshal's responsibilities under sections 3737.88 to 3737.89 of	12629
the Revised Code and federal laws regarding the cleaning up of	12630
releases of petroleum, as "release" is defined in section 3737.87	12631
of the Revised Code, including, without limitation, any federal	12632
funds that are available to reimburse the state for the costs of	12633
undertaking corrective actions for such releases of petroleum. The	12634
state may, when appropriate, return to the United States any	12635
federal funds recovered under sections 3737.882 and 3737.89 of the	12636
Revised Code.	12637

Sec. 3745.71. (A) Except as otherwise provided in division	12638
(C) of this section, the owner or operator of a facility or	12639
property who conducts an environmental audit of one or more	12640
activities at the facility or property has a privilege with	12641
respect to both of the following:	12642

(1) The contents of an environmental audit report that is	12643
based on the audit;	12644

(2) The contents of communications between the owner or	12645
operator and employees or contractors of the owner or operator, or	12646
among employees or contractors of the owner or operator, that are	12647
necessary to the audit and are made in good faith as part of the	12648
audit after the employee or contractor is notified that the	12649
communication is part of the audit.	12650

(B) Except as otherwise provided in or ordered pursuant to	12651
this section, information that is privileged under this section is	12652
not admissible as evidence or subject to discovery in any civil or	12653
administrative proceeding and a person who possesses such	12654
information as a result of conducting or participating in an	12655
environmental audit shall not be compelled to testify in any civil	12656
or administrative proceeding concerning the privileged portions of	12657
the environmental audit.	12658

(C) The privilege provided in this section does not apply to	12659
criminal investigations or proceedings. Where an audit report is	12660
obtained, reviewed, or used in a criminal proceeding, the	12661
privilege provided in this section applicable to civil or	12662
administrative proceedings is not waived or eliminated.	12663
Furthermore, the privilege provided in this section does not apply	12664
to particular information under any of the following	12665
circumstances:	12666

(1) The privilege is not asserted with respect to that	12667
information by the owner or operator to whom the privilege	12668
belongs.	12669

(2) The owner or operator to whom the privilege belongs	12670
voluntarily testifies, or has provided written authorization to an	12671
employee, contractor, or agent to testify on behalf of the owner	12672
or operator, as to that information.	12673

(3) A court of record in a civil proceeding or the tribunal	12674
or presiding officer in an administrative proceeding finds,	12675
pursuant to this section, that the privilege does not apply to	12676
that information.	12677

(4) The information is required by law to be collected,	12678
developed, maintained, reported, disclosed publicly, or otherwise	12679
made available to a government agency.	12680

(5) The information is obtained from a source other than an	12681
environmental audit report, including, without limitation,	12682
observation, sampling, monitoring, a communication, a record, or a	12683
report that is not part of the audit on which the audit report is	12684
based.	12685

(6) The information is collected, developed, made, or	12686
maintained in bad faith or for a fraudulent purpose.	12687

(7) The owner or operator to whom the privilege belongs	12688
waives the privilege, in whole or in part, explicitly or by	12689
engaging in conduct that manifests a clear intent that the	12690
information not be privileged. If an owner or operator introduces	12691
part of an environmental audit report into evidence in a civil or	12692
administrative proceeding to prove that the owner or operator did	12693
not violate, or is no longer violating, any environmental laws,	12694
the privilege provided by this section is waived with respect to	12695
all information in the audit report that is relevant to that	12696
issue.	12697

(8)(a) The information shows evidence of noncompliance with	12698
environmental laws and the owner or operator fails to do any of	12699
the following:	12700

(i) Promptly initiate reasonable efforts to achieve	12701
compliance upon discovery of the noncompliance through an	12702
environmental audit;	12703

(ii) Pursue compliance with reasonable diligence;

12704

(iii) Achieve compliance within a reasonable time.

12705

(b) "Reasonable diligence" includes, without limitation,	12706
compliance with section 3745.72 of the Revised Code.	12707

(9) The information contains evidence that a government	12708
agency federally authorized, approved, or delegated to enforce	12709
environmental laws has reasonable cause to believe is necessary to	12710
prevent imminent and substantial endangerment or harm to human	12711
health or the environment.	12712

(10) Any circumstance in which both of the following apply:

12713

(a) The information contains evidence regarding an alleged	12714
violation of environmental laws and a government agency charged	12715
with enforcing any of those laws has a substantial need for the	12716
information to protect public health or safety or to prevent	12717
substantial harm to property or the environment.	12718

(b) The government agency is unable to obtain the substantial	12719
equivalent of the information by other means without unreasonable	12720
delay or expense.	12721

(11) The information consists of personal knowledge of an	12722
individual who did not obtain that information as part of an	12723
environmental audit.	12724

(12) The information is not clearly identified as part of an	12725
environmental audit report. For purposes of this section, clear	12726
identification of information as part of an environmental audit	12727
report includes, without limitation, either of the following:	12728

(a) The information is contained in a document and the front	12729
cover, the first page, or a comparable part of the document is	12730
prominently labeled with "environmental audit report: privileged	12731
information" or substantially comparable language.	12732

(b) The information is contained in an electronic record and	12733
the record is programmed to display or print prominently	12734
"environmental audit report: privileged information" or	12735
substantially comparable language before the privileged	12736
information is displayed or printed.	12737

(13) The information existed prior to the initiation of the	12738
environmental audit under division (A) of section 3745.70 of the	12739
Revised Code.	12740

(D) If the privilege provided in this section belongs to an	12741
owner or operator who is not an individual, the privilege may be	12742
asserted or waived, in whole or in part, on behalf of the owner or	12743
operator only by an officer, manager, partner, or other comparable	12744
person who has a fiduciary relationship with the owner or operator	12745
and is authorized generally to act on behalf of the owner or	12746
operator or is a person who is authorized specifically to assert	12747
or waive the privilege.	12748

(E) A person asserting the privilege provided in this section	12749
has the burden of proving the applicability of the privilege by a	12750
preponderance of the evidence. If a person seeking disclosure of	12751
information with respect to which a privilege is asserted under	12752
this section shows evidence of noncompliance with environmental	12753
laws pursuant to division (C)(8) of this section, the person	12754
asserting the privilege also has the burden of proving by a	12755
preponderance of the evidence that reasonable efforts to achieve	12756
compliance with those laws were initiated promptly and that	12757
compliance was pursued with reasonable diligence and achieved	12758
within a reasonable time.	12759

(F) When determining whether the privilege provided by this	12760
section applies to particular information, a court of record that	12761
is not acting pursuant to division (G) of this section, or the	12762
tribunal or presiding officer in an administrative proceeding,	12763
shall conduct an in camera review of the information in a manner	12764
consistent with applicable rules of procedure.	12765

(G)(1) The prosecuting attorney of a county or the attorney	12766
general, having probable cause to believe, based on information	12767
obtained from a source other than an environmental audit report,	12768
that a violation has been committed under environmental laws for	12769
which a civil or administrative action may be initiated, may	12770
obtain information with respect to which a privilege is asserted	12771
under this section pursuant to a search warrant, subpoena, or	12772
discovery under the Rules of Civil Procedure. The prosecuting	12773
attorney or the attorney general immediately shall place the	12774
information under seal and shall not review or disclose its	12775
contents.	12776

(2) Not later than sixty days after receiving an	12777
environmental audit report under division (G)(1) of this section,	12778
the prosecuting attorney or the attorney general may file with the	12779
court of common pleas of a county in which there is proper venue	12780
to bring a civil or administrative action pertaining to the	12781
alleged violation a petition requesting an in camera hearing to	12782
determine if the information described in division (G)(1) of this	12783
section is subject to disclosure under this section. Failure to	12784
file such a petition shall cause the information to be released to	12785
the owner or operator to whom it belongs.	12786

(3) Upon the filing of a petition under division (G)(2) of	12787
this section, the court shall issue an order scheduling an in	12788
camera hearing, not later than forty-five days after the filing of	12789
the petition, to determine if any or all of the information	12790
described in division (G)(1) of this section is subject to	12791
disclosure under this section. The order shall allow the	12792
prosecuting attorney or the attorney general to remove the seal	12793
from the report in order to review it and shall place appropriate	12794
limitations on distribution and review of the report to protect	12795
against unnecessary disclosure.	12796

(4) The prosecuting attorney or the attorney general may	12797
consult with government agencies regarding the contents of the	12798
report to prepare for the in camera hearing. Information described	12799
in division (G)(1) of this section that is used by the prosecuting	12800
attorney or the attorney general to prepare for the in camera	12801
hearing shall not be used by the prosecuting attorney, the	12802
attorney general, an employee or agent of either of them, or an	12803
agency described in division (G)(4) of this section in any	12804
investigation or proceeding against the respondent, and otherwise	12805
shall be kept confidential, unless the information is subject to	12806
disclosure under this section.	12807

(5) The parties may stipulate that information contained in	12808
an environmental audit report is or is not subject to disclosure	12809
under this section.	12810

(6) If the court determines that information described in	12811
division (G)(1) of this section is subject to disclosure under	12812
this section, the court shall compel disclosure under this section	12813
of only the information that is relevant to the proceeding	12814
described in division (G)(1) of this section.	12815

(H) Nothing in this section affects the nature, scope, or	12816
application of any privilege of confidentiality or nondisclosure	12817
recognized under another section of the Revised Code or the common	12818
law of this state, including, without limitation, the work product	12819
doctrine and attorney-client privilege.	12820

(I) The privilege provided by this section applies only to	12821
information and communications that are part of environmental	12822
audits initiated after March 13, 1997, ~~and completed before~~	12823
~~January 1, 2014,~~ in accordance with the time frames specified in	12824
division (A) of section 3745.70 of the Revised Code.	12825

Sec. 3772.02. (A) There is hereby created the Ohio casino	12826
control commission described in Section 6(C)(1) of Article XV,	12827
Ohio Constitution.	12828

(B) The commission shall consist of seven members appointed	12829
within one month of ~~the effective date of this section~~September	12830
10, 2010, by the governor with the advice and consent of the	12831
senate. The governor shall forward all appointments to the senate	12832
within twenty-four hours.	12833

(1) Each commission member is eligible for reappointment at	12834
the discretion of the governor. No commission member shall be	12835
appointed for more than three terms in total.	12836

(2) Each commission member shall be a resident of Ohio.

12837

(3) At least one commission member shall be experienced in	12838
law enforcement and criminal investigation.	12839

(4) At least one commission member shall be a certified	12840
public accountant experienced in accounting and auditing.	12841

(5) At least one commission member shall be an attorney	12842
admitted to the practice of law in Ohio.	12843

(6) At least one commission member shall be a resident of a	12844
county where one of the casino facilities is located.	12845

(7) Not more than four commission members shall be of the	12846
same political party.	12847

(8) No commission member shall have any affiliation with an	12848
Ohio casino operator or facility.	12849

(C) Commission members shall serve four-year terms, except	12850
that when the governor makes initial appointments to the	12851
commission under this chapter, the governor shall appoint three	12852
members to serve four-year terms with not more than two such	12853
members from the same political party, two members to serve	12854
three-year terms with such members not being from the same	12855
political party, and two members to serve two-year terms with such	12856
members not being from the same political party.	12857

(D) Each commission member shall hold office from the date of	12858
appointment until the end of the term for which the member was	12859
appointed. Any member appointed to fill a vacancy occurring before	12860
the expiration of the term for which the member's predecessor was	12861
appointed shall hold office for the remainder of the unexpired	12862
term. Any member shall continue in office after the expiration	12863
date of the member's term until the member's successor takes	12864
office, or until a period of sixty days has elapsed, whichever	12865
occurs first. A vacancy in the commission membership shall be	12866
filled in the same manner as the original appointment.	12867

(E) The governor shall select one member to serve as	12868
chairperson and the commission members shall select one member	12869
from a different party than the chairperson to serve as	12870
vice-chairperson. The governor may remove and replace the	12871
chairperson at any time. No such member shall serve as chairperson	12872
for more than six successive years. The vice-chairperson shall	12873
assume the duties of the chairperson in the absence of the	12874
chairperson. The chairperson and vice-chairperson shall perform	12875
but shall not be limited to additional duties as are prescribed by	12876
commission rule.	12877

(F) A commission member is not required to devote the	12878
member's full time to membership on the commission. Each member of	12879
the commission shall receive compensation of ~~sixty~~thirty thousand	12880
dollars per year, payable in monthly installments ~~for the first~~	12881
~~four years of the commission's existence~~. Each member shall	12882
receive the member's actual and necessary expenses incurred in the	12883
discharge of the member's official duties.	12884

(G) The governor shall not appoint an individual to the	12885
commission, and an individual shall not serve on the commission,	12886
if the individual has been convicted of or pleaded guilty or no	12887
contest to a disqualifying offense as defined in section 3772.07	12888
of the Revised Code. Members coming under indictment or bill of	12889
information of a disqualifying offense shall resign from the	12890
commission immediately upon indictment.	12891

(H) At least five commission members shall be present for the	12892
commission to meet. The concurrence of four members is necessary	12893
for the commission to take any action. All members shall vote on	12894
the adoption of rules, and the approval of, and the suspension or	12895
revocation of, the licenses of casino operators or management	12896
companies, unless a member has a written leave of absence filed	12897
with and approved by the chairperson.	12898

(I) A commission member may be removed or suspended from	12899
office in accordance with section 3.04 of the Revised Code.	12900

(J) Each commission member, before entering upon the	12901
discharge of the member's official duties, shall make an oath to	12902
uphold the Ohio Constitution and laws of the state of Ohio and	12903
shall give a bond, payable by the commission, to the treasurer of	12904
state, in the sum of ten thousand dollars with sufficient sureties	12905
to be approved by the treasurer of state, which bond shall be	12906
filed with the secretary of state.	12907

(K) The commission shall hold one regular meeting each month	12908
and shall convene other meetings at the request of the chairperson	12909
or a majority of the members. A member who fails to attend at	12910
least three-fifths of the regular and special meetings of the	12911
commission during any two-year period forfeits membership on the	12912
commission. All meetings of the commission shall be open meetings	12913
under section 121.22 of the Revised Code except as otherwise	12914
allowed by law.	12915

Sec. 4121.443. Each contract the administrator of workers'	12916
compensation enters into with a managed care organization under	12917
division (B)(4) of section 4121.44 of the Revised Code shall	12918
require the managed care organization to enter into a data	12919
security agreement with the state board of pharmacy governing the	12920
managed care organization's use of the board's drug database	12921
established and maintained under section 4729.75 of the Revised	12922
Code.	12923

This section does not apply if the board no longer maintains	12924
the drug database.	12925

Sec. 4141.01. As used in this chapter, unless the context	12926
otherwise requires:	12927

(A)(1) "Employer" means the state, its instrumentalities, its	12928
political subdivisions and their instrumentalities, Indian tribes,	12929
and any individual or type of organization including any	12930
partnership, limited liability company, association, trust,	12931
estate, joint-stock company, insurance company, or corporation,	12932
whether domestic or foreign, or the receiver, trustee in	12933
bankruptcy, trustee, or the successor thereof, or the legal	12934
representative of a deceased person who subsequent to December 31,	12935
1971, or in the case of political subdivisions or their	12936
instrumentalities, subsequent to December 31, 1973:	12937

(a) Had in employment at least one individual, or in the case	12938
of a nonprofit organization, subsequent to December 31, 1973, had	12939
not less than four individuals in employment for some portion of a	12940
day in each of twenty different calendar weeks, in either the	12941
current or the preceding calendar year whether or not the same	12942
individual was in employment in each such day; or	12943

(b) Except for a nonprofit organization, had paid for service	12944
in employment wages of fifteen hundred dollars or more in any	12945
calendar quarter in either the current or preceding calendar year;	12946
or	12947

(c) Had paid, subsequent to December 31, 1977, for employment	12948
in domestic service in a local college club, or local chapter of a	12949
college fraternity or sorority, cash remuneration of one thousand	12950
dollars or more in any calendar quarter in the current calendar	12951
year or the preceding calendar year, or had paid subsequent to	12952
December 31, 1977, for employment in domestic service in a private	12953
home cash remuneration of one thousand dollars in any calendar	12954
quarter in the current calendar year or the preceding calendar	12955
year:	12956

(i) For the purposes of divisions (A)(1)(a) and (b) of this	12957
section, there shall not be taken into account any wages paid to,	12958
or employment of, an individual performing domestic service as	12959
described in this division.	12960

(ii) An employer under this division shall not be an employer	12961
with respect to wages paid for any services other than domestic	12962
service unless the employer is also found to be an employer under	12963
division (A)(1)(a), (b), or (d) of this section.	12964

(d) As a farm operator or a crew leader subsequent to	12965
December 31, 1977, had in employment individuals in agricultural	12966
labor; and	12967

(i) During any calendar quarter in the current calendar year	12968
or the preceding calendar year, paid cash remuneration of twenty	12969
thousand dollars or more for the agricultural labor; or	12970

(ii) Had at least ten individuals in employment in	12971
agricultural labor, not including agricultural workers who are	12972
aliens admitted to the United States to perform agricultural labor	12973
pursuant to sections 1184(c) and 1101(a)(15)(H) of the	12974
"Immigration and Nationality Act," 66 Stat. 163, 189, 8 U.S.C.A.	12975
1101(a)(15)(H)(ii)(a), 1184(c), for some portion of a day in each	12976
of the twenty different calendar weeks, in either the current or	12977
preceding calendar year whether or not the same individual was in	12978
employment in each day; or	12979

(e) Is not otherwise an employer as defined under division	12980
(A)(1)(a) or (b) of this section; and	12981

(i) For which, within either the current or preceding	12982
calendar year, service, except for domestic service in a private	12983
home not covered under division (A)(1)(c) of this section, is or	12984
was performed with respect to which such employer is liable for	12985
any federal tax against which credit may be taken for	12986
contributions required to be paid into a state unemployment fund;	12987

(ii) Which, as a condition for approval of this chapter for	12988
full tax credit against the tax imposed by the "Federal	12989
Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to 3311, is	12990
required, pursuant to such act to be an employer under this	12991
chapter; or	12992

(iii) Who became an employer by election under division	12993
(A)(4) or (5) of this section and for the duration of such	12994
election; or	12995

(f) In the case of the state, its instrumentalities, its	12996
political subdivisions, and their instrumentalities, and Indian	12997
tribes, had in employment, as defined in divisions (B)(2)(a) and	12998
(B)(2)(l) of this section, at least one individual;	12999

(g) For the purposes of division (A)(1)(a) of this section,	13000
if any week includes both the thirty-first day of December and the	13001
first day of January, the days of that week before the first day	13002
of January shall be considered one calendar week and the days	13003
beginning the first day of January another week.	13004

(2) Each individual employed to perform or to assist in	13005
performing the work of any agent or employee of an employer is	13006
employed by such employer for all the purposes of this chapter,	13007
whether such individual was hired or paid directly by such	13008
employer or by such agent or employee, provided the employer had	13009
actual or constructive knowledge of the work. All individuals	13010
performing services for an employer of any person in this state	13011
who maintains two or more establishments within this state are	13012
employed by a single employer for the purposes of this chapter.	13013

(3) An employer subject to this chapter within any calendar	13014
year is subject to this chapter during the whole of such year and	13015
during the next succeeding calendar year.	13016

(4) An employer not otherwise subject to this chapter who	13017
files with the director of job and family services a written	13018
election to become an employer subject to this chapter for not	13019
less than two calendar years shall, with the written approval of	13020
such election by the director, become an employer subject to this	13021
chapter to the same extent as all other employers as of the date	13022
stated in such approval, and shall cease to be subject to this	13023
chapter as of the first day of January of any calendar year	13024
subsequent to such two calendar years only if at least thirty days	13025
prior to such first day of January the employer has filed with the	13026
director a written notice to that effect.	13027

(5) Any employer for whom services that do not constitute	13028
employment are performed may file with the director a written	13029
election that all such services performed by individuals in the	13030
employer's employ in one or more distinct establishments or places	13031
of business shall be deemed to constitute employment for all the	13032
purposes of this chapter, for not less than two calendar years.	13033
Upon written approval of the election by the director, such	13034
services shall be deemed to constitute employment subject to this	13035
chapter from and after the date stated in such approval. Such	13036
services shall cease to be employment subject to this chapter as	13037
of the first day of January of any calendar year subsequent to	13038
such two calendar years only if at least thirty days prior to such	13039
first day of January such employer has filed with the director a	13040
written notice to that effect.	13041

(B)(1) "Employment" means service performed by an individual	13042
for remuneration under any contract of hire, written or oral,	13043
express or implied, including service performed in interstate	13044
commerce and service performed by an officer of a corporation,	13045
without regard to whether such service is executive, managerial,	13046
or manual in nature, and without regard to whether such officer is	13047
a stockholder or a member of the board of directors of the	13048
corporation, unless it is shown to the satisfaction of the	13049
director that such individual has been and will continue to be	13050
free from direction or control over the performance of such	13051
service, both under a contract of service and in fact. The	13052
director shall adopt rules to define "direction or control."	13053

(2) "Employment" includes:

13054

(a) Service performed after December 31, 1977, by an	13055
individual in the employ of the state or any of its	13056
instrumentalities, or any political subdivision thereof or any of	13057
its instrumentalities or any instrumentality of more than one of	13058
the foregoing or any instrumentality of any of the foregoing and	13059
one or more other states or political subdivisions and without	13060
regard to divisions (A)(1)(a) and (b) of this section, provided	13061
that such service is excluded from employment as defined in the	13062
"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A. 3301,	13063
3306(c)(7) and is not excluded under division (B)(3) of this	13064
section; or the services of employees covered by voluntary	13065
election, as provided under divisions (A)(4) and (5) of this	13066
section;	13067

(b) Service performed after December 31, 1971, by an	13068
individual in the employ of a religious, charitable, educational,	13069
or other organization which is excluded from the term "employment"	13070
as defined in the "Federal Unemployment Tax Act," 84 Stat. 713, 26	13071
U.S.C.A. 3301 to 3311, solely by reason of section 26 U.S.C.A.	13072
3306(c)(8) of that act and is not excluded under division (B)(3)	13073
of this section;	13074

(c) Domestic service performed after December 31, 1977, for	13075
an employer, as provided in division (A)(1)(c) of this section;	13076

(d) Agricultural labor performed after December 31, 1977, for	13077
a farm operator or a crew leader, as provided in division	13078
(A)(1)(d) of this section;	13079

(e) Service not covered under division (B)(1) of this section	13080
which is performed after December 31, 1971:	13081

(i) As an agent-driver or commission-driver engaged in	13082
distributing meat products, vegetable products, fruit products,	13083
bakery products, beverages other than milk, laundry, or	13084
dry-cleaning services, for the individual's employer or principal;	13085

(ii) As a traveling or city salesperson, other than as an	13086
agent-driver or commission-driver, engaged on a full-time basis in	13087
the solicitation on behalf of and in the transmission to the	13088
salesperson's employer or principal except for sideline sales	13089
activities on behalf of some other person of orders from	13090
wholesalers, retailers, contractors, or operators of hotels,	13091
restaurants, or other similar establishments for merchandise for	13092
resale, or supplies for use in their business operations, provided	13093
that for the purposes of division (B)(2)(e)(ii) of this section,	13094
the services shall be deemed employment if the contract of service	13095
contemplates that substantially all of the services are to be	13096
performed personally by the individual and that the individual	13097
does not have a substantial investment in facilities used in	13098
connection with the performance of the services other than in	13099
facilities for transportation, and the services are not in the	13100
nature of a single transaction that is not a part of a continuing	13101
relationship with the person for whom the services are performed.	13102

(f) An individual's entire service performed within or both	13103
within and without the state if:	13104

(i) The service is localized in this state.

13105

(ii) The service is not localized in any state, but some of	13106
the service is performed in this state and either the base of	13107
operations, or if there is no base of operations then the place	13108
from which such service is directed or controlled, is in this	13109
state or the base of operations or place from which such service	13110
is directed or controlled is not in any state in which some part	13111
of the service is performed but the individual's residence is in	13112
this state.	13113

(g) Service not covered under division (B)(2)(f)(ii) of this	13114
section and performed entirely without this state, with respect to	13115
no part of which contributions are required and paid under an	13116
unemployment compensation law of any other state, the Virgin	13117
Islands, Canada, or of the United States, if the individual	13118
performing such service is a resident of this state and the	13119
director approves the election of the employer for whom such	13120
services are performed; or, if the individual is not a resident of	13121
this state but the place from which the service is directed or	13122
controlled is in this state, the entire services of such	13123
individual shall be deemed to be employment subject to this	13124
chapter, provided service is deemed to be localized within this	13125
state if the service is performed entirely within this state or if	13126
the service is performed both within and without this state but	13127
the service performed without this state is incidental to the	13128
individual's service within the state, for example, is temporary	13129
or transitory in nature or consists of isolated transactions;	13130

(h) Service of an individual who is a citizen of the United	13131
States, performed outside the United States except in Canada after	13132
December 31, 1971, or the Virgin Islands, after December 31, 1971,	13133
and before the first day of January of the year following that in	13134
which the United States secretary of labor approves the Virgin	13135
Islands law for the first time, in the employ of an American	13136
employer, other than service which is "employment" under divisions	13137
(B)(2)(f) and (g) of this section or similar provisions of another	13138
state's law, if:	13139

(i) The employer's principal place of business in the United	13140
States is located in this state;	13141

(ii) The employer has no place of business in the United	13142
States, but the employer is an individual who is a resident of	13143
this state; or the employer is a corporation which is organized	13144
under the laws of this state, or the employer is a partnership or	13145
a trust and the number of partners or trustees who are residents	13146
of this state is greater than the number who are residents of any	13147
other state; or	13148

(iii) None of the criteria of divisions (B)(2)(f)(i) and (ii)	13149
of this section is met but the employer has elected coverage in	13150
this state or the employer having failed to elect coverage in any	13151
state, the individual has filed a claim for benefits, based on	13152
such service, under this chapter.	13153

(i) For the purposes of division (B)(2)(h) of this section,	13154
the term "American employer" means an employer who is an	13155
individual who is a resident of the United States; or a	13156
partnership, if two-thirds or more of the partners are residents	13157
of the United States; or a trust, if all of the trustees are	13158
residents of the United States; or a corporation organized under	13159
the laws of the United States or of any state, provided the term	13160
"United States" includes the states, the District of Columbia, the	13161
Commonwealth of Puerto Rico, and the Virgin Islands.	13162

(j) Notwithstanding any other provisions of divisions (B)(1)	13163
and (2) of this section, service, except for domestic service in a	13164
private home not covered under division (A)(1)(c) of this section,	13165
with respect to which a tax is required to be paid under any	13166
federal law imposing a tax against which credit may be taken for	13167
contributions required to be paid into a state unemployment fund,	13168
or service, except for domestic service in a private home not	13169
covered under division (A)(1)(c) of this section, which, as a	13170
condition for full tax credit against the tax imposed by the	13171
"Federal Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301 to	13172
3311, is required to be covered under this chapter.	13173

(k) Construction services performed by any individual under a	13174
construction contract, as defined in section 4141.39 of the	13175
Revised Code, if the director determines that the employer for	13176
whom services are performed has the right to direct or control the	13177
performance of the services and that the individuals who perform	13178
the services receive remuneration for the services performed. The	13179
director shall presume that the employer for whom services are	13180
performed has the right to direct or control the performance of	13181
the services if ten or more of the following criteria apply:	13182

(i) The employer directs or controls the manner or method by	13183
which instructions are given to the individual performing	13184
services;	13185

(ii) The employer requires particular training for the	13186
individual performing services;	13187

(iii) Services performed by the individual are integrated	13188
into the regular functioning of the employer;	13189

(iv) The employer requires that services be provided by a	13190
particular individual;	13191

(v) The employer hires, supervises, or pays the wages of the	13192
individual performing services;	13193

(vi) A continuing relationship between the employer and the	13194
individual performing services exists which contemplates	13195
continuing or recurring work, even if not full-time work;	13196

(vii) The employer requires the individual to perform	13197
services during established hours;	13198

(viii) The employer requires that the individual performing	13199
services be devoted on a full-time basis to the business of the	13200
employer;	13201

(ix) The employer requires the individual to perform services	13202
on the employer's premises;	13203

(x) The employer requires the individual performing services	13204
to follow the order of work established by the employer;	13205

(xi) The employer requires the individual performing services	13206
to make oral or written reports of progress;	13207

(xii) The employer makes payment to the individual for	13208
services on a regular basis, such as hourly, weekly, or monthly;	13209

(xiii) The employer pays expenses for the individual	13210
performing services;	13211

(xiv) The employer furnishes the tools and materials for use	13212
by the individual to perform services;	13213

(xv) The individual performing services has not invested in	13214
the facilities used to perform services;	13215

(xvi) The individual performing services does not realize a	13216
profit or suffer a loss as a result of the performance of the	13217
services;	13218

(xvii) The individual performing services is not performing	13219
services for more than two employers simultaneously;	13220

(xviii) The individual performing services does not make the	13221
services available to the general public;	13222

(xix) The employer has a right to discharge the individual	13223
performing services;	13224

(xx) The individual performing services has the right to end	13225
the individual's relationship with the employer without incurring	13226
liability pursuant to an employment contract or agreement.	13227

(l) Service performed by an individual in the employ of an	13228
Indian tribe as defined by section 4(e) of the "Indian	13229
Self-Determination and Education Assistance Act," 88 Stat. 2204	13230
(1975), 25 U.S.C.A. 450b(e), including any subdivision,	13231
subsidiary, or business enterprise wholly owned by an Indian tribe	13232
provided that the service is excluded from employment as defined	13233
in the "Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26	13234
U.S.C.A. 3301 and 3306(c)(7) and is not excluded under division	13235
(B)(3) of this section.	13236

(3) "Employment" does not include the following services if	13237
they are found not subject to the "Federal Unemployment Tax Act,"	13238
84 Stat. 713 (1970), 26 U.S.C.A. 3301 to 3311, and if the services	13239
are not required to be included under division (B)(2)(j) of this	13240
section:	13241

(a) Service performed after December 31, 1977, in	13242
agricultural labor, except as provided in division (A)(1)(d) of	13243
this section;	13244

(b) Domestic service performed after December 31, 1977, in a	13245
private home, local college club, or local chapter of a college	13246
fraternity or sorority except as provided in division (A)(1)(c) of	13247
this section;	13248

(c) Service performed after December 31, 1977, for this state	13249
or a political subdivision as described in division (B)(2)(a) of	13250
this section when performed:	13251

(i) As a publicly elected official;

13252

(ii) As a member of a legislative body, or a member of the	13253
judiciary;	13254

(iii) As a military member of the Ohio national guard;

13255

(iv) As an employee, not in the classified service as defined	13256
in section 124.11 of the Revised Code, serving on a temporary	13257
basis in case of fire, storm, snow, earthquake, flood, or similar	13258
emergency;	13259

(v) In a position which, under or pursuant to law, is	13260
designated as a major nontenured policymaking or advisory	13261
position, not in the classified service of the state, or a	13262
policymaking or advisory position the performance of the duties of	13263
which ordinarily does not require more than eight hours per week.	13264

(d) In the employ of any governmental unit or instrumentality	13265
of the United States;	13266

(e) Service performed after December 31, 1971:

13267

(i) Service in the employ of an educational institution or	13268
institution of higher education, including those operated by the	13269
state or a political subdivision, if such service is performed by	13270
a student who is enrolled and is regularly attending classes at	13271
the educational institution or institution of higher education; or	13272

(ii) By an individual who is enrolled at a nonprofit or	13273
public educational institution which normally maintains a regular	13274
faculty and curriculum and normally has a regularly organized body	13275
of students in attendance at the place where its educational	13276
activities are carried on as a student in a full-time program,	13277
taken for credit at the institution, which combines academic	13278
instruction with work experience, if the service is an integral	13279
part of the program, and the institution has so certified to the	13280
employer, provided that this subdivision shall not apply to	13281
service performed in a program established for or on behalf of an	13282
employer or group of employers.	13283

(f) Service performed by an individual in the employ of the	13284
individual's son, daughter, or spouse and service performed by a	13285
child under the age of eighteen in the employ of the child's	13286
father or mother;	13287

(g) Service performed for one or more principals by an	13288
individual who is compensated on a commission basis, who in the	13289
performance of the work is master of the individual's own time and	13290
efforts, and whose remuneration is wholly dependent on the amount	13291
of effort the individual chooses to expend, and which service is	13292
not subject to the "Federal Unemployment Tax Act," 53 Stat. 183	13293
(1939), 26 U.S.C.A. 3301 to 3311. Service performed after December	13294
31, 1971:	13295

(i) By an individual for an employer as an insurance agent or	13296
as an insurance solicitor, if all this service is performed for	13297
remuneration solely by way of commission;	13298

(ii) As a home worker performing work, according to	13299
specifications furnished by the employer for whom the services are	13300
performed, on materials or goods furnished by such employer which	13301
are required to be returned to the employer or to a person	13302
designated for that purpose.	13303

(h) Service performed after December 31, 1971:

13304

(i) In the employ of a church or convention or association of	13305
churches, or in an organization which is operated primarily for	13306
religious purposes and which is operated, supervised, controlled,	13307
or principally supported by a church or convention or association	13308
of churches;	13309

(ii) By a duly ordained, commissioned, or licensed minister	13310
of a church in the exercise of the individual's ministry or by a	13311
member of a religious order in the exercise of duties required by	13312
such order; or	13313

(iii) In a facility conducted for the purpose of carrying out	13314
a program of rehabilitation for individuals whose earning capacity	13315
is impaired by age or physical or mental deficiency or injury, or	13316
providing remunerative work for individuals who because of their	13317
impaired physical or mental capacity cannot be readily absorbed in	13318
the competitive labor market, by an individual receiving such	13319
rehabilitation or remunerative work.	13320

(i) Service performed after June 30, 1939, with respect to	13321
which unemployment compensation is payable under the "Railroad	13322
Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;	13323

(j) Service performed by an individual in the employ of any	13324
organization exempt from income tax under section 501 of the	13325
"Internal Revenue Code of 1954," if the remuneration for such	13326
service does not exceed fifty dollars in any calendar quarter, or	13327
if such service is in connection with the collection of dues or	13328
premiums for a fraternal beneficial society, order, or association	13329
and is performed away from the home office or is ritualistic	13330
service in connection with any such society, order, or	13331
association;	13332

(k) Casual labor not in the course of an employer's trade or	13333
business; incidental service performed by an officer, appraiser,	13334
or member of a finance committee of a bank, building and loan	13335
association, savings and loan association, or savings association	13336
when the remuneration for such incidental service exclusive of the	13337
amount paid or allotted for directors' fees does not exceed sixty	13338
dollars per calendar quarter is casual labor;	13339

(l) Service performed in the employ of a voluntary employees'	13340
beneficial association providing for the payment of life,	13341
sickness, accident, or other benefits to the members of such	13342
association or their dependents or their designated beneficiaries,	13343
if admission to a membership in such association is limited to	13344
individuals who are officers or employees of a municipal or public	13345
corporation, of a political subdivision of the state, or of the	13346
United States and no part of the net earnings of such association	13347
inures, other than through such payments, to the benefit of any	13348
private shareholder or individual;	13349

(m) Service performed by an individual in the employ of a	13350
foreign government, including service as a consular or other	13351
officer or employee or of a nondiplomatic representative;	13352

(n) Service performed in the employ of an instrumentality	13353
wholly owned by a foreign government if the service is of a	13354
character similar to that performed in foreign countries by	13355
employees of the United States or of an instrumentality thereof	13356
and if the director finds that the secretary of state of the	13357
United States has certified to the secretary of the treasury of	13358
the United States that the foreign government, with respect to	13359
whose instrumentality exemption is claimed, grants an equivalent	13360
exemption with respect to similar service performed in the foreign	13361
country by employees of the United States and of instrumentalities	13362
thereof;	13363

(o) Service with respect to which unemployment compensation	13364
is payable under an unemployment compensation system established	13365
by an act of congress;	13366

(p) Service performed as a student nurse in the employ of a	13367
hospital or a nurses' training school by an individual who is	13368
enrolled and is regularly attending classes in a nurses' training	13369
school chartered or approved pursuant to state law, and service	13370
performed as an intern in the employ of a hospital by an	13371
individual who has completed a four years' course in a medical	13372
school chartered or approved pursuant to state law;	13373

(q) Service performed by an individual under the age of	13374
eighteen in the delivery or distribution of newspapers or shopping	13375
news, not including delivery or distribution to any point for	13376
subsequent delivery or distribution;	13377

(r) Service performed in the employ of the United States or	13378
an instrumentality of the United States immune under the	13379
Constitution of the United States from the contributions imposed	13380
by this chapter, except that to the extent that congress permits	13381
states to require any instrumentalities of the United States to	13382
make payments into an unemployment fund under a state unemployment	13383
compensation act, this chapter shall be applicable to such	13384
instrumentalities and to services performed for such	13385
instrumentalities in the same manner, to the same extent, and on	13386
the same terms as to all other employers, individuals, and	13387
services, provided that if this state is not certified for any	13388
year by the proper agency of the United States under section 3304	13389
of the "Internal Revenue Code of 1954," the payments required of	13390
such instrumentalities with respect to such year shall be refunded	13391
by the director from the fund in the same manner and within the	13392
same period as is provided in division (E) of section 4141.09 of	13393
the Revised Code with respect to contributions erroneously	13394
collected;	13395

(s) Service performed by an individual as a member of a band	13396
or orchestra, provided such service does not represent the	13397
principal occupation of such individual, and which service is not	13398
subject to or required to be covered for full tax credit against	13399
the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.	13400
183 (1939), 26 U.S.C.A. 3301 to 3311.	13401

(t) Service performed in the employ of a day camp whose	13402
camping season does not exceed twelve weeks in any calendar year,	13403
and which service is not subject to the "Federal Unemployment Tax	13404
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311. Service	13405
performed after December 31, 1971:	13406

(i) In the employ of a hospital, if the service is performed	13407
by a patient of the hospital, as defined in division (W) of this	13408
section;	13409

(ii) For a prison or other correctional institution by an	13410
inmate of the prison or correctional institution;	13411

(iii) Service performed after December 31, 1977, by an inmate	13412
of a custodial institution operated by the state, a political	13413
subdivision, or a nonprofit organization.	13414

(u) Service that is performed by a nonresident alien	13415
individual for the period the individual temporarily is present in	13416
the United States as a nonimmigrant under division (F), (J), (M),	13417
or (Q) of section 101(a)(15) of the "Immigration and Nationality	13418
Act," 66 Stat. 163, 8 U.S.C.A. 1101, as amended, that is excluded	13419
under section 3306(c)(19) of the "Federal Unemployment Tax Act,"	13420
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311.	13421

(v) Notwithstanding any other provisions of division (B)(3)	13422
of this section, services that are excluded under divisions	13423
(B)(3)(g), (j), (k), and (l) of this section shall not be excluded	13424
from employment when performed for a nonprofit organization, as	13425
defined in division (X) of this section, or for this state or its	13426
instrumentalities, or for a political subdivision or its	13427
instrumentalities or for Indian tribes;	13428

(w) Service that is performed by an individual working as an	13429
election official or election worker if the amount of remuneration	13430
received by the individual during the calendar year for services	13431
as an election official or election worker is less than one	13432
thousand dollars;	13433

(x) Service performed for an elementary or secondary school	13434
that is operated primarily for religious purposes, that is	13435
described in subsection 501(c)(3) and exempt from federal income	13436
taxation under subsection 501(a) of the Internal Revenue Code, 26	13437
U.S.C.A. 501;	13438

(y) Service performed by a person committed to a penal	13439
institution.	13440

(z) Service performed for an Indian tribe as described in	13441
division (B)(2)(l) of this section when performed in any of the	13442
following manners:	13443

(i) As a publicly elected official;

13444

(ii) As a member of an Indian tribal council;

13445

(iii) As a member of a legislative or judiciary body;

13446

(iv) In a position which, pursuant to Indian tribal law, is	13447
designated as a major nontenured policymaking or advisory	13448
position, or a policymaking or advisory position where the	13449
performance of the duties ordinarily does not require more than	13450
eight hours of time per week;	13451

(v) As an employee serving on a temporary basis in the case	13452
of a fire, storm, snow, earthquake, flood, or similar emergency.	13453

(aa) Service performed after December 31, 1971, for a	13454
nonprofit organization, this state or its instrumentalities, a	13455
political subdivision or its instrumentalities, or an Indian tribe	13456
as part of an unemployment work-relief or work-training program	13457
assisted or financed in whole or in part by any federal agency or	13458
an agency of a state or political subdivision, thereof, by an	13459
individual receiving the work-relief or work-training.	13460

(bb) Participation in a learn to earn program as defined in	13461
section 4141.293 of the Revised Code.	13462

(4) If the services performed during one half or more of any	13463
pay period by an employee for the person employing that employee	13464
constitute employment, all the services of such employee for such	13465
period shall be deemed to be employment; but if the services	13466
performed during more than one half of any such pay period by an	13467
employee for the person employing that employee do not constitute	13468
employment, then none of the services of such employee for such	13469
period shall be deemed to be employment. As used in division	13470
(B)(4) of this section, "pay period" means a period, of not more	13471
than thirty-one consecutive days, for which payment of	13472
remuneration is ordinarily made to the employee by the person	13473
employing that employee. Division (B)(4) of this section does not	13474
apply to services performed in a pay period by an employee for the	13475
person employing that employee, if any of such service is excepted	13476
by division (B)(3)(o) of this section.	13477

(C) "Benefits" means money payments payable to an individual	13478
who has established benefit rights, as provided in this chapter,	13479
for loss of remuneration due to the individual's unemployment.	13480

(D) "Benefit rights" means the weekly benefit amount and the	13481
maximum benefit amount that may become payable to an individual	13482
within the individual's benefit year as determined by the	13483
director.	13484

(E) "Claim for benefits" means a claim for waiting period or	13485
benefits for a designated week.	13486

(F) "Additional claim" means the first claim for benefits	13487
filed following any separation from employment during a benefit	13488
year; "continued claim" means any claim other than the first claim	13489
for benefits and other than an additional claim.	13490

(G)(1) "Wages" means remuneration paid to an employee by each	13491
of the employee's employers with respect to employment; except	13492
that wages shall not include that part of remuneration paid during	13493
any calendar year to an individual by an employer or such	13494
employer's predecessor in interest in the same business or	13495
enterprise, which in any calendar year is in excess of eight	13496
thousand two hundred fifty dollars on and after January 1, 1992;	13497
eight thousand five hundred dollars on and after January 1, 1993;	13498
eight thousand seven hundred fifty dollars on and after January 1,	13499
1994; and nine thousand dollars on and after January 1, 1995.	13500
Remuneration in excess of such amounts shall be deemed wages	13501
subject to contribution to the same extent that such remuneration	13502
is defined as wages under the "Federal Unemployment Tax Act," 84	13503
Stat. 714 (1970), 26 U.S.C.A. 3301 to 3311, as amended. The	13504
remuneration paid an employee by an employer with respect to	13505
employment in another state, upon which contributions were	13506
required and paid by such employer under the unemployment	13507
compensation act of such other state, shall be included as a part	13508
of remuneration in computing the amount specified in this	13509
division.	13510

(2) Notwithstanding division (G)(1) of this section, if, as	13511
of the computation date for any calendar year, the director	13512
determines that the level of the unemployment compensation fund is	13513
sixty per cent or more below the minimum safe level as defined in	13514
section 4141.25 of the Revised Code, then, effective the first day	13515
of January of the following calendar year, wages subject to this	13516
chapter shall not include that part of remuneration paid during	13517
any calendar year to an individual by an employer or such	13518
employer's predecessor in interest in the same business or	13519
enterprise which is in excess of nine thousand dollars. The	13520
increase in the dollar amount of wages subject to this chapter	13521
under this division shall remain in effect from the date of the	13522
director's determination pursuant to division (G)(2) of this	13523
section and thereafter notwithstanding the fact that the level in	13524
the fund may subsequently become less than sixty per cent below	13525
the minimum safe level.	13526

(H)(1) "Remuneration" means all compensation for personal	13527
services, including commissions and bonuses and the cash value of	13528
all compensation in any medium other than cash, except that in the	13529
case of agricultural or domestic service, "remuneration" includes	13530
only cash remuneration. Gratuities customarily received by an	13531
individual in the course of the individual's employment from	13532
persons other than the individual's employer and which are	13533
accounted for by such individual to the individual's employer are	13534
taxable wages.	13535

The reasonable cash value of compensation paid in any medium	13536
other than cash shall be estimated and determined in accordance	13537
with rules prescribed by the director, provided that	13538
"remuneration" does not include:	13539

(a) Payments as provided in divisions (b)(2) to (b)~~(16)~~(20)	13540
of section 3306 of the "Federal Unemployment Tax Act," 84 Stat.	13541
713, 26 U.S.C.A. 3301 to 3311, as amended;	13542

(b) The payment by an employer, without deduction from the	13543
remuneration of the individual in the employer's employ, of the	13544
tax imposed upon an individual in the employer's employ under	13545
section 3101 of the "Internal Revenue Code of 1954," with respect	13546
to services performed after October 1, 1941.	13547

(2) "Cash remuneration" means all remuneration paid in cash,	13548
including commissions and bonuses, but not including the cash	13549
value of all compensation in any medium other than cash.	13550

(I) "Interested party" means the director and any party to	13551
whom notice of a determination of an application for benefit	13552
rights or a claim for benefits is required to be given under	13553
section 4141.28 of the Revised Code.	13554

(J) "Annual payroll" means the total amount of wages subject	13555
to contributions during a twelve-month period ending with the last	13556
day of the second calendar quarter of any calendar year.	13557

(K) "Average annual payroll" means the average of the last	13558
three annual payrolls of an employer, provided that if, as of any	13559
computation date, the employer has had less than three annual	13560
payrolls in such three-year period, such average shall be based on	13561
the annual payrolls which the employer has had as of such date.	13562

(L)(1) "Contributions" means the money payments to the state	13563
unemployment compensation fund required of employers by section	13564
4141.25 of the Revised Code and of the state and any of its	13565
political subdivisions electing to pay contributions under section	13566
4141.242 of the Revised Code. Employers paying contributions shall	13567
be described as "contributory employers."	13568

(2) "Payments in lieu of contributions" means the money	13569
payments to the state unemployment compensation fund required of	13570
reimbursing employers under sections 4141.241 and 4141.242 of the	13571
Revised Code.	13572

(M) An individual is "totally unemployed" in any week during	13573
which the individual performs no services and with respect to such	13574
week no remuneration is payable to the individual.	13575

(N) An individual is "partially unemployed" in any week if,	13576
due to involuntary loss of work, the total remuneration payable to	13577
the individual for such week is less than the individual's weekly	13578
benefit amount.	13579

(O) "Week" means the calendar week ending at midnight	13580
Saturday unless an equivalent week of seven consecutive calendar	13581
days is prescribed by the director.	13582

(1) "Qualifying week" means any calendar week in an	13583
individual's base period with respect to which the individual	13584
earns or is paid remuneration in employment subject to this	13585
chapter. A calendar week with respect to which an individual earns	13586
remuneration but for which payment was not made within the base	13587
period, when necessary to qualify for benefit rights, may be	13588
considered to be a qualifying week. The number of qualifying weeks	13589
which may be established in a calendar quarter shall not exceed	13590
the number of calendar weeks in the quarter.	13591

(2) "Average weekly wage" means the amount obtained by	13592
dividing an individual's total remuneration for all qualifying	13593
weeks during the base period by the number of such qualifying	13594
weeks, provided that if the computation results in an amount that	13595
is not a multiple of one dollar, such amount shall be rounded to	13596
the next lower multiple of one dollar.	13597

(P) "Weekly benefit amount" means the amount of benefits an	13598
individual would be entitled to receive for one week of total	13599
unemployment.	13600

(Q)(1) "Base period" means the first four of the last five	13601
completed calendar quarters immediately preceding the first day of	13602
an individual's benefit year, except as provided in division	13603
(Q)(2) of this section.	13604

(2) If an individual does not have sufficient qualifying	13605
weeks and wages in the base period to qualify for benefit rights,	13606
the individual's base period shall be the four most recently	13607
completed calendar quarters preceding the first day of the	13608
individual's benefit year. Such base period shall be known as the	13609
"alternate base period." If information as to weeks and wages for	13610
the most recent quarter of the alternate base period is not	13611
available to the director from the regular quarterly reports of	13612
wage information, which are systematically accessible, the	13613
director may, consistent with the provisions of section 4141.28 of	13614
the Revised Code, base the determination of eligibility for	13615
benefits on the affidavit of the claimant with respect to weeks	13616
and wages for that calendar quarter. The claimant shall furnish	13617
payroll documentation, where available, in support of the	13618
affidavit. The determination based upon the alternate base period	13619
as it relates to the claimant's benefit rights, shall be amended	13620
when the quarterly report of wage information from the employer is	13621
timely received and that information causes a change in the	13622
determination. As provided in division (B) of section 4141.28 of	13623
the Revised Code, any benefits paid and charged to an employer's	13624
account, based upon a claimant's affidavit, shall be adjusted	13625
effective as of the beginning of the claimant's benefit year. No	13626
calendar quarter in a base period or alternate base period shall	13627
be used to establish a subsequent benefit year.	13628

(3) The "base period" of a combined wage claim, as described	13629
in division (H) of section 4141.43 of the Revised Code, shall be	13630
the base period prescribed by the law of the state in which the	13631
claim is allowed.	13632

(4) For purposes of determining the weeks that comprise a	13633
completed calendar quarter under this division, only those weeks	13634
ending at midnight Saturday within the calendar quarter shall be	13635
utilized.	13636

(R)(1) "Benefit year" with respect to an individual means the	13637
fifty-two week period beginning with the first day of that week	13638
with respect to which the individual first files a valid	13639
application for determination of benefit rights, and thereafter	13640
the fifty-two week period beginning with the first day of that	13641
week with respect to which the individual next files a valid	13642
application for determination of benefit rights after the	13643
termination of the individual's last preceding benefit year,	13644
except that the application shall not be considered valid unless	13645
the individual has had employment in six weeks that is subject to	13646
this chapter or the unemployment compensation act of another	13647
state, or the United States, and has, since the beginning of the	13648
individual's previous benefit year, in the employment earned three	13649
times the average weekly wage determined for the previous benefit	13650
year. The "benefit year" of a combined wage claim, as described in	13651
division (H) of section 4141.43 of the Revised Code, shall be the	13652
benefit year prescribed by the law of the state in which the claim	13653
is allowed. Any application for determination of benefit rights	13654
made in accordance with section 4141.28 of the Revised Code is	13655
valid if the individual filing such application is unemployed, has	13656
been employed by an employer or employers subject to this chapter	13657
in at least twenty qualifying weeks within the individual's base	13658
period, and has earned or been paid remuneration at an average	13659
weekly wage of not less than twenty-seven and one-half per cent of	13660
the statewide average weekly wage for such weeks. For purposes of	13661
determining whether an individual has had sufficient employment	13662
since the beginning of the individual's previous benefit year to	13663
file a valid application, "employment" means the performance of	13664
services for which remuneration is payable.	13665

(2) Effective for benefit years beginning on and after	13666
December 26, 2004, any application for determination of benefit	13667
rights made in accordance with section 4141.28 of the Revised Code	13668
is valid if the individual satisfies the criteria described in	13669
division (R)(1) of this section, and if the reason for the	13670
individual's separation from employment is not disqualifying	13671
pursuant to division (D)(2) of section 4141.29 or section 4141.291	13672
of the Revised Code. A disqualification imposed pursuant to	13673
division (D)(2) of section 4141.29 or section 4141.291 of the	13674
Revised Code must be removed as provided in those sections as a	13675
requirement of establishing a valid application for benefit years	13676
beginning on and after December 26, 2004.	13677

(3) The statewide average weekly wage shall be calculated by	13678
the director once a year based on the twelve-month period ending	13679
the thirtieth day of June, as set forth in division (B)(3) of	13680
section 4141.30 of the Revised Code, rounded down to the nearest	13681
dollar. Increases or decreases in the amount of remuneration	13682
required to have been earned or paid in order for individuals to	13683
have filed valid applications shall become effective on Sunday of	13684
the calendar week in which the first day of January occurs that	13685
follows the twelve-month period ending the thirtieth day of June	13686
upon which the calculation of the statewide average weekly wage	13687
was based.	13688

(4) As used in this division, an individual is "unemployed"	13689
if, with respect to the calendar week in which such application is	13690
filed, the individual is "partially unemployed" or "totally	13691
unemployed" as defined in this section or if, prior to filing the	13692
application, the individual was separated from the individual's	13693
most recent work for any reason which terminated the individual's	13694
employee-employer relationship, or was laid off indefinitely or	13695
for a definite period of seven or more days.	13696

(S) "Calendar quarter" means the period of three consecutive	13697
calendar months ending on the thirty-first day of March, the	13698
thirtieth day of June, the thirtieth day of September, and the	13699
thirty-first day of December, or the equivalent thereof as the	13700
director prescribes by rule.	13701

(T) "Computation date" means the first day of the third	13702
calendar quarter of any calendar year.	13703

(U) "Contribution period" means the calendar year beginning	13704
on the first day of January of any year.	13705

(V) "Agricultural labor," for the purpose of this division,	13706
means any service performed prior to January 1, 1972, which was	13707
agricultural labor as defined in this division prior to that date,	13708
and service performed after December 31, 1971:	13709

(1) On a farm, in the employ of any person, in connection	13710
with cultivating the soil, or in connection with raising or	13711
harvesting any agricultural or horticultural commodity, including	13712
the raising, shearing, feeding, caring for, training, and	13713
management of livestock, bees, poultry, and fur-bearing animals	13714
and wildlife;	13715

(2) In the employ of the owner or tenant or other operator of	13716
a farm in connection with the operation, management, conservation,	13717
improvement, or maintenance of such farm and its tools and	13718
equipment, or in salvaging timber or clearing land of brush and	13719
other debris left by hurricane, if the major part of such service	13720
is performed on a farm;	13721

(3) In connection with the production or harvesting of any	13722
commodity defined as an agricultural commodity in section 15 (g)	13723
of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12	13724
U.S.C. 1141j, as amended, or in connection with the ginning of	13725
cotton, or in connection with the operation or maintenance of	13726
ditches, canals, reservoirs, or waterways, not owned or operated	13727
for profit, used exclusively for supplying and storing water for	13728
farming purposes;	13729

(4) In the employ of the operator of a farm in handling,	13730
planting, drying, packing, packaging, processing, freezing,	13731
grading, storing, or delivering to storage or to market or to a	13732
carrier for transportation to market, in its unmanufactured state,	13733
any agricultural or horticultural commodity, but only if the	13734
operator produced more than one half of the commodity with respect	13735
to which such service is performed;	13736

(5) In the employ of a group of operators of farms, or a	13737
cooperative organization of which the operators are members, in	13738
the performance of service described in division (V)(4) of this	13739
section, but only if the operators produced more than one-half of	13740
the commodity with respect to which the service is performed;	13741

(6) Divisions (V)(4) and (5) of this section shall not be	13742
deemed to be applicable with respect to service performed:	13743

(a) In connection with commercial canning or commercial	13744
freezing or in connection with any agricultural or horticultural	13745
commodity after its delivery to a terminal market for distribution	13746
for consumption; or	13747

(b) On a farm operated for profit if the service is not in	13748
the course of the employer's trade or business.	13749

As used in division (V) of this section, "farm" includes	13750
stock, dairy, poultry, fruit, fur-bearing animal, and truck farms,	13751
plantations, ranches, nurseries, ranges, greenhouses, or other	13752
similar structures used primarily for the raising of agricultural	13753
or horticultural commodities and orchards.	13754

(W) "Hospital" means an institution which has been registered	13755
or licensed by the Ohio department of health as a hospital.	13756

(X) "Nonprofit organization" means an organization, or group	13757
of organizations, described in section 501(c)(3) of the "Internal	13758
Revenue Code of 1954," and exempt from income tax under section	13759
501(a) of that code.	13760

(Y) "Institution of higher education" means a public or	13761
nonprofit educational institution, including an educational	13762
institution operated by an Indian tribe, which:	13763

(1) Admits as regular students only individuals having a	13764
certificate of graduation from a high school, or the recognized	13765
equivalent;	13766

(2) Is legally authorized in this state or by the Indian	13767
tribe to provide a program of education beyond high school; and	13768

(3) Provides an educational program for which it awards a	13769
bachelor's or higher degree, or provides a program which is	13770
acceptable for full credit toward such a degree, a program of	13771
post-graduate or post-doctoral studies, or a program of training	13772
to prepare students for gainful employment in a recognized	13773
occupation.	13774

For the purposes of this division, all colleges and	13775
universities in this state are institutions of higher education.	13776

(Z) For the purposes of this chapter, "states" includes the	13777
District of Columbia, the Commonwealth of Puerto Rico, and the	13778
Virgin Islands.	13779

(AA) "Alien" means, for the purposes of division (A)(1)(d) of	13780
this section, an individual who is an alien admitted to the United	13781
States to perform service in agricultural labor pursuant to	13782
sections 214 (c) and 101 (a)(15)(H) of the "Immigration and	13783
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.	13784

(BB)(1) "Crew leader" means an individual who furnishes	13785
individuals to perform agricultural labor for any other employer	13786
or farm operator, and:	13787

(a) Pays, either on the individual's own behalf or on behalf	13788
of the other employer or farm operator, the individuals so	13789
furnished by the individual for the service in agricultural labor	13790
performed by them;	13791

(b) Has not entered into a written agreement with the other	13792
employer or farm operator under which the agricultural worker is	13793
designated as in the employ of the other employer or farm	13794
operator.	13795

(2) For the purposes of this chapter, any individual who is a	13796
member of a crew furnished by a crew leader to perform service in	13797
agricultural labor for any other employer or farm operator shall	13798
be treated as an employee of the crew leader if:	13799

(a) The crew leader holds a valid certificate of registration	13800
under the "Farm Labor Contractor Registration Act of 1963," 90	13801
Stat. 2668, 7 U.S.C. 2041; or	13802

(b) Substantially all the members of the crew operate or	13803
maintain tractors, mechanized harvesting or crop-dusting	13804
equipment, or any other mechanized equipment, which is provided by	13805
the crew leader; and	13806

(c) If the individual is not in the employment of the other	13807
employer or farm operator within the meaning of division (B)(1) of	13808
this section.	13809

(3) For the purposes of this division, any individual who is	13810
furnished by a crew leader to perform service in agricultural	13811
labor for any other employer or farm operator and who is not	13812
treated as in the employment of the crew leader under division	13813
(BB)(2) of this section shall be treated as the employee of the	13814
other employer or farm operator and not of the crew leader. The	13815
other employer or farm operator shall be treated as having paid	13816
cash remuneration to the individual in an amount equal to the	13817
amount of cash remuneration paid to the individual by the crew	13818
leader, either on the crew leader's own behalf or on behalf of the	13819
other employer or farm operator, for the service in agricultural	13820
labor performed for the other employer or farm operator.	13821

(CC) "Educational institution" means an institution other	13822
than an institution of higher education as defined in division (Y)	13823
of this section, including an educational institution operated by	13824
an Indian tribe, which:	13825

(1) Offers participants, trainees, or students an organized	13826
course of study or training designed to transfer to them	13827
knowledge, skills, information, doctrines, attitudes, or abilities	13828
from, by, or under the guidance of an instructor or teacher; and	13829

(2) Is approved, chartered, or issued a permit to operate as	13830
a school by the state board of education, other government agency,	13831
or Indian tribe that is authorized within the state to approve,	13832
charter, or issue a permit for the operation of a school.	13833

For the purposes of this division, the courses of study or	13834
training which the institution offers may be academic, technical,	13835
trade, or preparation for gainful employment in a recognized	13836
occupation.	13837

(DD) "Cost savings day" means any unpaid day off from work in	13838
which employees continue to accrue employee benefits which have a	13839
determinable value including, but not limited to, vacation,	13840
pension contribution, sick time, and life and health insurance.	13841

Sec. 4141.09. (A) There is hereby created an unemployment	13842
compensation fund to be administered by the state without	13843
liability on the part of the state beyond the amounts paid into	13844
the fund and earned by the fund. The unemployment compensation	13845
fund shall consist of all contributions, payments in lieu of	13846
contributions described in sections 4141.241 and 4141.242 of the	13847
Revised Code, reimbursements of the federal share of extended	13848
benefits described in section 4141.301 of the Revised Code,	13849
collected under sections 4141.01 to 4141.56 of the Revised Code,	13850
and the amount required under division (A)(4) of section 4141.35	13851
of the Revised Code, together with all interest earned upon any	13852
moneys deposited with the secretary of the treasury of the United	13853
States to the credit of the account of this state in the	13854
unemployment trust fund established and maintained pursuant to	13855
section 904 of the "Social Security Act," any property or	13856
securities acquired through the use of moneys belonging to the	13857
fund, and all earnings of such property or securities. The	13858
unemployment compensation fund shall be used to pay benefits,	13859
shared work compensation as defined in section 4141.50 of the	13860
Revised Code, and refunds as provided by such sections and for no	13861
other purpose.	13862

(B) The treasurer of state shall be the custodian of the	13863
unemployment compensation fund and shall administer such fund in	13864
accordance with the directions of the director of job and family	13865
services. All disbursements therefrom shall be paid by the	13866
treasurer of state on warrants drawn by the director. Such	13867
warrants may bear the facsimile signature of the director printed	13868
thereon and that of a deputy or other employee of the director	13869
charged with the duty of keeping the account of the unemployment	13870
compensation fund and with the preparation of warrants for the	13871
payment of benefits to the persons entitled thereto. Moneys in the	13872
clearing and benefit accounts shall not be commingled with other	13873
state funds, except as provided in division (C) of this section,	13874
but shall be maintained in separate accounts on the books of the	13875
depositary bank. Such money shall be secured by the depositary	13876
bank to the same extent and in the same manner as required by	13877
sections 135.01 to 135.21 of the Revised Code; and collateral	13878
pledged for this purpose shall be kept separate and distinct from	13879
any collateral pledged to secure other funds of this state. All	13880
sums recovered for losses sustained by the unemployment	13881
compensation fund shall be deposited therein. The treasurer of	13882
state shall be liable on the treasurer's official bond for the	13883
faithful performance of the treasurer's duties in connection with	13884
the unemployment compensation fund, such liability to exist in	13885
addition to any liability upon any separate bond.	13886

(C) The treasurer of state shall maintain within the	13887
unemployment compensation fund three separate accounts which shall	13888
be a clearing account, a trust fund account, and a benefit	13889
account. All moneys payable to the unemployment compensation fund,	13890
upon receipt by the director, shall be forwarded to the treasurer	13891
of state, who shall immediately deposit them in the clearing	13892
account. Refunds of contributions, or payments in lieu of	13893
contributions, payable pursuant to division (E) of this section	13894
may be paid from the clearing account upon warrants signed by a	13895
deputy or other employee of the director charged with the duty of	13896
keeping the record of the clearing account and with the	13897
preparation of warrants for the payment of refunds to persons	13898
entitled thereto. After clearance thereof, all moneys in the	13899
clearing account shall be deposited with the secretary of the	13900
treasury of the United States to the credit of the account of this	13901
state in the unemployment trust fund established and maintained	13902
pursuant to section 904 of the "Social Security Act," in	13903
accordance with requirements of the "Federal Unemployment Tax	13904
Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301, 3304(a)(3), any law	13905
in this state relating to the deposit, administration, release, or	13906
disbursement of moneys in the possession or custody of this state	13907
to the contrary notwithstanding. The benefit account shall consist	13908
of all moneys requisitioned from this state's account in the	13909
unemployment trust fund. Federal funds may be deposited, at the	13910
director's discretion, into the benefit account. Any funds	13911
deposited into the benefit account shall be disbursed solely for	13912
payment of benefits under a federal program administered by this	13913
state and for no other purpose. Moneys in the clearing and benefit	13914
accounts may be deposited by the treasurer of state, under the	13915
direction of the director, in any bank or public depositary in	13916
which general funds of the state may be deposited, but no public	13917
deposit insurance charge or premium shall be paid out of the fund.	13918

(D) Moneys shall be requisitioned from this state's account	13919
in the unemployment trust fund solely for the payment of benefits	13920
and in accordance with regulations prescribed by the director. The	13921
director shall requisition from the unemployment trust fund such	13922
amounts, not exceeding the amount standing to this state's account	13923
therein, as are deemed necessary for the payment of benefits for a	13924
reasonable future period. Upon receipt thereof, the treasurer of	13925
state shall deposit such moneys in the benefit account.	13926
Expenditures of such money in the benefit account and refunds from	13927
the clearing account shall not require specific appropriations or	13928
other formal release by state officers of money in their custody.	13929
Any balance of moneys requisitioned from the unemployment trust	13930
fund which remains unclaimed or unpaid in the benefit account	13931
after the expiration of the period for which such sums were	13932
requisitioned shall either be deducted from estimates for and may	13933
be utilized for the payment of benefits during succeeding periods,	13934
or, in the discretion of the director, shall be redeposited with	13935
the secretary of the treasury of the United States to the credit	13936
of this state's account in the unemployment trust fund, as	13937
provided in division (C) of this section. Unclaimed or unpaid	13938
federal funds redeposited with the secretary of the treasury of	13939
the United States shall be credited to the appropriate federal	13940
account.	13941

(E) No claim for an adjustment or a refund on contribution,	13942
payment in lieu of contributions, interest, or forfeiture alleged	13943
to have been erroneously or illegally assessed or collected, or	13944
alleged to have been collected without authority, and no claim for	13945
an adjustment or a refund of any sum alleged to have been	13946
excessive or in any manner wrongfully collected shall be allowed	13947
unless an application, in writing, therefor is made within four	13948
years from the date on which such payment was made. If the	13949
director determines that such contribution, payment in lieu of	13950
contributions, interest, or forfeiture, or any portion thereof,	13951
was erroneously collected, the director shall allow such employer	13952
to make an adjustment thereof without interest in connection with	13953
subsequent contribution payments, or payments in lieu of	13954
contributions, by the employer, or the director may refund said	13955
amount, without interest, from the clearing account of the	13956
unemployment compensation fund, except as provided in division (B)	13957
of section 4141.11 of the Revised Code. For like cause and within	13958
the same period, adjustment or refund may be so made on the	13959
director's own initiative. An overpayment of contribution, payment	13960
in lieu of contributions, interest, or forfeiture for which an	13961
employer has not made application for refund prior to the date of	13962
sale of the employer's business shall accrue to the employer's	13963
successor in interest.	13964

An application for an adjustment or a refund, or any portion	13965
thereof, that is rejected is binding upon the employer unless,	13966
within thirty days after the mailing of a written notice of	13967
rejection to the employer's last known address, or, in the absence	13968
of mailing of such notice, within thirty days after the delivery	13969
of such notice, the employer files an application for a review and	13970
redetermination setting forth the reasons therefor. The director	13971
shall promptly examine the application for review and	13972
redetermination, and if a review is granted, the employer shall be	13973
promptly notified thereof, and shall be granted an opportunity for	13974
a prompt hearing.	13975

(F) If the director finds that contributions have been paid	13976
to the director in error, and that such contributions should have	13977
been paid to a department of another state or of the United States	13978
charged with the administration of an unemployment compensation	13979
law, the director may upon request by such department or upon the	13980
director's own initiative transfer to such department the amount	13981
of such contributions, less any benefits paid to claimants whose	13982
wages were the basis for such contributions. The director may	13983
request and receive from such department any contributions or	13984
adjusted contributions paid in error to such department which	13985
should have been paid to the director.	13986

(G) In accordance with section 303(c)(3) of the Social	13987
Security Act, and section 3304(a)(17) of the Internal Revenue Code	13988
of 1954 for continuing certification of Ohio unemployment	13989
compensation laws for administrative grants and for tax credits,	13990
any interest required to be paid on advances under Title XII of	13991
the Social Security Act shall be paid in a timely manner and shall	13992
not be paid, directly or indirectly, by an equivalent reduction in	13993
the Ohio unemployment taxes or otherwise, by the state from	13994
amounts in the unemployment compensation fund.	13995

(H) The treasurer of state, under the direction of the	13996
director and in accordance with the "Cash Management Improvement	13997
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit	13998
amounts of interest earned by the state on funds in the benefit	13999
account established pursuant to division (C) of this section into	14000
~~the department of job and family services banking fees fund, which~~	14001
~~is hereby created in the state treasury for the purpose of paying~~	14002
~~related banking costs incurred by the state for the period for~~	14003
~~which the interest is calculated, except that if the deposited~~	14004
~~interest exceeds the banking costs incurred by the state for the~~	14005
~~period for which the interest is calculated, the treasurer of~~	14006
~~state shall deposit the excess interest into~~ the unemployment	14007
trust fund.	14008

(I) The treasurer of state, under the direction of the	14009
director, shall deposit federal funds received by the director for	14010
training and administration and for payment of benefits, job	14011
search, relocation, transportation, and subsistence allowances	14012
pursuant to the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	14013
2101, as amended; the "North American Free Trade Agreement	14014
Implementation Act," 107 Stat. 2057 (1993), 19 U.S.C.A. 3301, as	14015
amended; and the "Trade Act of 2002," 116 Stat. 993, 19 U.S.C.A.	14016
3801, as amended, into the Trade Act training and administration	14017
account, which is hereby created for the purpose of making	14018
payments specified under those acts. The treasurer of state, under	14019
the direction of the director, may transfer funds from the Trade	14020
Act training and administration account to the benefit account for	14021
the purpose of making any payments directly to claimants for	14022
benefits, job search, relocation, transportation, and subsistence	14023
allowances, as specified by those acts.	14024

Sec. 4141.11. There is hereby created in the state treasury	14025
the unemployment compensation special administrative fund. The	14026
fund shall consist of all interest collected on delinquent	14027
contributions pursuant to this chapter, all fines and forfeitures	14028
collected under this chapter, all money received from the sale of	14029
real property under section 4141.131 of the Revised Code, the	14030
amount required under division (A)(4) of section 4141.35 of the	14031
Revised Code, and all court costs and interest paid or collected	14032
in connection with the repayment of fraudulently obtained benefits	14033
pursuant to section 4141.35 of the Revised Code. All interest	14034
earned on the money in the fund shall be retained in the fund and	14035
shall not be credited or transferred to any other fund or account,	14036
except as provided in division (B) of this section. All moneys	14037
which are deposited or paid into this fund may be used by:	14038

(A) The director of job and family services whenever it	14039
appears that such use is necessary for:	14040

(1) The proper administration of this chapter and no federal	14041
funds are available for the specific purpose for which the	14042
expenditure is to be made, provided the moneys are not substituted	14043
for appropriations from federal funds, which in the absence of	14044
such moneys would be available;	14045

(2) The proper administration of this chapter for which	14046
purpose appropriations from federal funds have been requested and	14047
approved but not received, provided the fund would be reimbursed	14048
upon receipt of the federal appropriation;	14049

(3) To the extent possible, the repayment to the unemployment	14050
compensation administration fund of moneys found by the proper	14051
agency of the United States to have been lost or expended for	14052
purposes other than, or an amount in excess of, those found	14053
necessary by the proper agency of the United States for the	14054
administration of this chapter.	14055

(B) The director or the director's deputy whenever it appears	14056
that such use is necessary for the payment of refunds or	14057
adjustments of interest, fines, forfeitures, or court costs	14058
erroneously collected and paid into this fund pursuant to this	14059
chapter.	14060

(C) The director, to pay state disaster unemployment benefits	14061
pursuant to section 4141.292 of the Revised Code.	14062

(D) The director, to pay any costs attributable to the	14063
director that are associated with the sale of real property under	14064
section 4141.131 of the Revised Code.	14065

Whenever the balance in the unemployment compensation special	14066
administrative fund is considered to be excessive by the director,	14067
the director shall request the director of budget and management	14068
to transfer to the unemployment compensation fund the amount	14069
considered to be excessive. Any balance in the unemployment	14070
compensation special administrative fund shall not lapse at any	14071
time, but shall be continuously available to the director of job	14072
and family services for expenditures consistent with this chapter.	14073

Sec. 4141.131. ~~(A)~~ The director of job and family services	14074
may enter into contracts for the sale of real property no longer	14075
needed by the director for the operations of the director under	14076
this title. Any costs attributable to the director that are	14077
associated with the sale of real property under this section shall	14078
be paid out of the unemployment compensation special	14079
administrative fund established pursuant to section 4141.11 of the	14080
Revised Code. The director shall submit a report summarizing the	14081
use of that fund for the purpose of this section at least annually	14082
to the unemployment compensation advisory council as prescribed by	14083
the council.	14084

~~(B)(1) Earnest moneys from the sale of real property pursuant~~	14085
~~to division (A) of this section shall be deposited into the~~	14086
~~department of job and family services building consolidation fund,~~	14087
~~which is hereby created in the state treasury. The balance of the~~	14088
~~purchase price shall be deposited into the department of job and~~	14089
~~family services building enhancement fund, which is hereby created~~	14090
~~in the state treasury. The building enhancement fund shall retain~~	14091
~~its own interest. Upon completion of the sale and the request of~~	14092
~~the director, the treasurer of state shall transfer the earnest~~	14093
~~moneys in the building consolidation fund into the building~~	14094
~~enhancement fund. The director shall use the interest earned on~~	14095
~~the moneys in the building enhancement fund only in accordance~~	14096
~~with division (C) of this section.~~	14097

~~(2) The director shall deposit sufficient moneys from the~~	14098
~~sale of real property pursuant to division (A) of this section~~	14099
~~into the unemployment compensation special administrative fund to~~	14100
~~reimburse the fund for all costs associated with the sale of that~~	14101
~~real property.~~	14102

~~(C) The director shall use the moneys in the building~~	14103
~~enhancement fund from the sale of real property pursuant to~~	14104
~~division (A) of this section, less the costs of the sale as~~	14105
~~specified in division (B)(2) of this section, in accordance with~~	14106
~~the provisions and requirements of the "Social Security Act," 49~~	14107
~~Stat. 626 (1935), 52 U.S.C. 502(a) and 1103(c)(2), and the~~	14108
~~instructions of the United States department of labor, to improve~~	14109
~~buildings owned by or under the control of the director. If the~~	14110
~~director determines that there are no buildings for which money in~~	14111
~~the building enhancement fund may be used, the money shall be~~	14112
~~returned to the United States department of labor.~~	14113

~~(D)~~ The auditor of state, with the assistance of the attorney	14114
general, shall prepare a deed to the real property being sold upon	14115
notice from the director that a contract for the sale of that	14116
property has been executed in accordance with this section. The	14117
deed shall state the consideration and any conditions placed upon	14118
the sale. The deed shall be executed by the governor in the name	14119
of the state, countersigned by the secretary of state, sealed with	14120
the great seal of the state, presented in the office of the	14121
auditor of state for recording, and delivered to the buyer upon	14122
payment of the balance of the purchase price.	14123

The buyer shall present the deed for recording in the county	14124
recorder's office of the county in which the real property is	14125
located.	14126

Sec. 4141.20. (A) Every employer, including those not	14127
otherwise subject to this chapter, shall furnish the director of	14128
job and family services upon request all information required by	14129
the director to carry out the requirements of this chapter. Every	14130
employer receiving from the director any blank with direction to	14131
fill it out shall cause it to be properly filled out, in the	14132
manner prescribed by the director, so as to answer fully and	14133
correctly all questions therein propounded, and shall furnish all	14134
the information therein sought, or, if unable to do so, that	14135
employer shall give the director in writing good and sufficient	14136
reason for such failure.	14137

The director may require that such information be verified	14138
under oath and returned to the director within the period fixed by	14139
the director or by law. The director or any person employed by the	14140
director for that purpose may examine under oath any such	14141
employer, or the officer, agent, or employee of that employer, for	14142
the purpose of ascertaining any information that the employer is	14143
required by this chapter to furnish to the director. ~~Any employer~~	14144
~~who fails to furnish information as is required by the director~~	14145
~~under authority of this section shall forfeit five hundred dollars~~	14146
~~to be collected in a civil action brought against the employer in~~	14147
~~the name of the state.~~	14148

(B) ~~Effective with the calendar quarter beginning April 1,~~	14149
~~1987, every contributory employer shall file a quarterly~~	14150
~~contribution report and a quarterly report of wages. The quarterly~~	14151
~~reports shall be filed no later than the last day of the first~~	14152
~~month following the close of the calendar quarter for which the~~	14153
~~quarterly reports are being filed. The employer shall enter on the~~	14154
~~quarterly contribution report the total and taxable remuneration~~	14155
~~paid to all employees during the quarter. The employer shall enter~~	14156
~~on the quarterly report of wages the name and social security~~	14157
~~number of each individual employed during the calendar quarter,~~	14158
~~the total remuneration paid the individual, the number of weeks~~	14159
~~during the quarter for which the individual was paid remuneration,~~	14160
~~and any other information as required by section 1137 of the~~	14161
~~"Social Security Act."~~	14162

~~Effective until the calendar quarter beginning January 1,~~	14163
~~1993, in case of failure to file the quarterly contribution report~~	14164
~~or the report of wages containing all the required contribution~~	14165
~~and wage information within the time prescribed by this section,~~	14166
~~there shall be assessed a forfeiture amounting to ten per cent of~~	14167
~~the contributions due; provided such forfeiture shall not be less~~	14168
~~than twenty-five nor more than two hundred fifty dollars. The~~	14169
~~director may waive the forfeiture only with respect to the report~~	14170
~~of wages, and the waiver may be approved only if the employer~~	14171
~~shows good cause for failure to file the required information.~~	14172

~~Effective with the calendar quarter beginning January 1,~~	14173
~~1993, in case of failure to file the quarterly contribution report~~	14174
~~containing all the required information within the time prescribed~~	14175
~~by this section, there shall be assessed a forfeiture amounting to~~	14176
~~twenty-five one-hundredths of one per cent of the total~~	14177
~~remuneration paid by the employer, provided such forfeiture shall~~	14178
~~not be less than thirty nor more than five hundred dollars per~~	14179
~~quarterly contribution report. The director may waive the~~	14180
~~forfeiture only if the employer provides to the director a written~~	14181
~~statement showing good cause for failure to file the required~~	14182
~~quarterly contribution report.~~	14183

~~Effective with the calendar quarter beginning January 1,~~	14184
~~1993, in case of failure to file the quarterly report of wages~~	14185
~~containing all the required information within the time prescribed~~	14186
~~by this section, there shall be assessed a forfeiture amounting to~~	14187
~~twenty-five one-hundredths of one per cent of the total~~	14188
~~remuneration paid by the employer, provided such forfeiture shall~~	14189
~~be not less than thirty nor more than five hundred dollars per~~	14190
~~quarterly report of wages. The director may waive the forfeiture~~	14191
~~only if the employer provides to the director a written statement~~	14192
~~showing good cause for failure to file the required quarterly~~	14193
~~report of wages.~~	14194

~~(C) Effective with the calendar quarter beginning April 1,~~	14195
~~1987, every employer liable for payments in lieu of contributions~~	14196
~~shall file a quarterly payroll report and a quarterly report of~~	14197
~~wages. The employer shall file the quarterly reports no later than~~	14198
~~the last day of the first month following the close of the~~	14199
~~calendar quarter for which the quarterly reports are being filed.~~	14200
~~The employer shall enter on the quarterly payroll report the total~~	14201
~~remuneration paid to all employees during the quarter and the~~	14202
~~total wages that would have been taxable had the employer been~~	14203
~~subject to contributions. The employer shall enter on the~~	14204
~~quarterly report of wages the name and social security number of~~	14205
~~each individual employed during the calendar quarter, the total~~	14206
~~remuneration paid the individual, the number of weeks during the~~	14207
~~quarter for which the individual was paid remuneration, and any~~	14208
~~other information as required by section 1137 of the "Social~~	14209
~~Security Act."~~	14210

~~Effective until the calendar quarter beginning January 1,~~	14211
~~1993, in case of failure to file the quarterly payroll report or~~	14212
~~the report of wages containing all of the required payroll or wage~~	14213
~~information within the time prescribed by this section, the~~	14214
~~employer shall be assessed a forfeiture of twenty-five dollars per~~	14215
~~report. The director may waive the forfeiture only with respect to~~	14216
~~the report of wages, and such waiver may be approved only if the~~	14217
~~employer shows good cause for failure to file the required~~	14218
~~information.~~	14219

~~Effective with the calendar quarter beginning January 1,~~	14220
~~1993, in case of failure to file the quarterly payroll report~~	14221
~~containing all the required wage information within the time~~	14222
~~prescribed by this section, the employer shall be assessed a~~	14223
~~forfeiture amounting to twenty-five one-hundredths of one per cent~~	14224
~~of the total remuneration paid by the employer, provided such~~	14225
~~forfeiture shall not be less than thirty nor more than five~~	14226
~~hundred dollars per quarterly payroll report. The director may~~	14227
~~waive the forfeiture only if the employer provides to the director~~	14228
~~a written statement showing good cause for failure to file the~~	14229
~~required quarterly payroll report.~~	14230

~~Effective with the calendar quarter beginning January 1,~~	14231
~~1993, in case of failure to file the quarterly report of wages~~	14232
~~containing all the required information within the time prescribed~~	14233
~~by this section, there shall be assessed a forfeiture amounting to~~	14234
~~twenty-five one-hundredths of one per cent of the total~~	14235
~~remuneration paid by the employer, provided such forfeiture shall~~	14236
~~be not less than thirty nor more than five hundred dollars per~~	14237
~~quarterly report of wages. The director may waive the forfeiture~~	14238
~~only if the employer provides to the director a written statement~~	14239
~~showing good cause for failure to file the required quarterly~~	14240
~~report of wages.~~	14241

~~(D) Effective with the calendar quarter beginning January 1,~~	14242
~~2002, every~~Every contributory employer shall file a quarterly	14243
contribution and wage report. The quarterly report shall be filed	14244
not later than the last day of the first month following the close	14245
of the calendar quarter for which the quarterly report is being	14246
filed. The employer shall enter on the quarterly report the total	14247
and taxable remuneration paid to all employees during the quarter,	14248
the name and social security number of each individual employed	14249
during the calendar quarter, the total remuneration paid the	14250
individual, the number of weeks during the quarter for which the	14251
individual was paid remuneration, and any other information as	14252
required by section 1137 of the "Social Security Act."	14253

~~Effective with the calendar quarter beginning January 1,~~	14254
~~2002, in~~In case of failure to properly file the quarterly	14255
contribution and wage report containing all the required	14256
contribution and wage information within the time prescribed by	14257
this section, the director shall assess a forfeiture amounting to	14258
twenty-five one-hundredths of one per cent of the total	14259
remuneration reported by the employer, provided such forfeiture	14260
shall not be less than fifty nor more than one thousand dollars.	14261

~~(E) Effective with the calendar quarter beginning January 1,~~	14262
~~2002, every~~(C) Every employer liable for payments in lieu of	14263
contributions shall file a quarterly payroll and wage report. The	14264
quarterly report shall be filed not later than the last day of the	14265
first month following the close of the calendar quarter for which	14266
the quarterly report is being filed. The employer shall enter on	14267
the quarterly report the total remuneration paid to all employees	14268
during the quarter, the total wages that would have been taxable	14269
had the employer been subject to contributions, the name and	14270
social security number of each individual employed during the	14271
calendar quarter, the total remuneration paid the individual, the	14272
number of weeks during the quarter for which the individual was	14273
paid remuneration, and any other information as required by	14274
section 1137 of the "Social Security Act."	14275

~~Effective with the calendar quarter beginning January 1,~~	14276
~~2002, in~~In case of failure to properly file the quarterly payroll	14277
and wage report containing all the required payroll and wage	14278
information within the time prescribed by this section, the	14279
director shall assess a forfeiture amounting to twenty-five	14280
one-hundredths of one per cent of the total remuneration reported	14281
by the employer, provided such forfeiture shall not be less than	14282
fifty nor more than one thousand dollars.	14283

~~(F)~~(D) The director may waive a forfeiture assessed under	14284
division ~~(D)~~(B) or ~~(E)~~(C) of this section if the employer provides	14285
to the director, within four years after the date the forfeiture	14286
was assessed, a written statement showing good cause for failure	14287
to properly file the required information.	14288

~~(G)~~(E) The director shall furnish the form or forms on which	14289
quarterly reports required under this section are to be submitted,	14290
or the employer may use other methods of reporting, including	14291
electronic information transmission methods, as approved by the	14292
director.	14293

~~(H)~~(F) All forfeitures required by this section shall be paid	14294
into the unemployment compensation special administrative fund as	14295
provided in section 4141.11 of the Revised Code.	14296

Sec. 4141.25. (A) The director of job and family services	14297
shall determine as of each computation date the contribution rate	14298
of each contributing employer subject to this chapter for the next	14299
succeeding contribution period. The director shall determine a	14300
standard rate of contribution or an experience rate for each	14301
contributing employer. Once a rate of contribution has been	14302
established under this section for a contribution period, except	14303
as provided in division (D) of section 4141.26 of the Revised	14304
Code, that rate shall remain effective throughout such	14305
contribution period. The rate of contribution shall be determined	14306
in accordance with the following requirements:	14307

(1) An employer whose experience does not meet the terms of	14308
division (A)(2) of this section shall be assigned a standard rate	14309
of contribution. Effective for contribution periods beginning on	14310
and after January 1, 1998, an employer's standard rate of	14311
contribution shall be a rate of two and seven-tenths per cent,	14312
except that the rate for employers engaged in the construction	14313
industry shall be the average contribution rate computed for the	14314
construction industry or a rate of two and seven-tenths per cent,	14315
whichever is greater. The standard rate set forth in this division	14316
shall be applicable to a nonprofit organization whose election to	14317
make payments in lieu of contributions is voluntarily terminated	14318
or canceled by the director under section 4141.241 of the Revised	14319
Code, and thereafter pays contributions as required by this	14320
section. If such nonprofit organization had been a contributory	14321
employer prior to its election to make payments in lieu of	14322
contributions, then any prior balance in the contributory account	14323
shall become part of the reactivated account.	14324

As used in division (A) of this section, "the average	14325
contribution rate computed for the construction industry" means	14326
the most recent annual average rate attributable to the	14327
construction industry as prescribed by the director.	14328

(2) A contributing employer subject to this chapter shall	14329
qualify for an experience rate only if there have been four	14330
consecutive quarters, ending on the thirtieth day of June	14331
immediately prior to the computation date, throughout which the	14332
employer's account was chargeable with benefits. Upon meeting the	14333
qualifying requirements provided in division (A)(2) of this	14334
section, the director shall calculate the total credits to each	14335
employer's account consisting of the contributions other than	14336
mutualized contributions including all contributions paid prior to	14337
the computation date for all past periods plus:	14338

(a) The contributions owing on the computation date that are	14339
paid within thirty days after the computation date, and credited	14340
to the employer's account;	14341

(b) All voluntary contributions paid by an employer pursuant	14342
to division (B) of section 4141.24 of the Revised Code.	14343

(3) The director also shall determine the benefits which are	14344
chargeable to each employer's account and which were paid prior to	14345
the computation date with respect to weeks of unemployment ending	14346
prior to the computation date. The director then shall determine	14347
the positive or negative balance of each employer's account by	14348
calculating the excess of such contributions and interest over the	14349
benefits chargeable, or the excess of such benefits over such	14350
contributions and interest. Any resulting negative balance then	14351
shall be subject to adjustment as provided in division (A)(2) of	14352
section 4141.24 of the Revised Code after which the positive or	14353
negative balance shall be expressed in terms of a percentage of	14354
the employer's average annual payroll. If the total standing to	14355
the credit of an employer's account exceeds the total charges, as	14356
provided in this division, the employer has a positive balance and	14357
if such charges exceed such credits the employer has a negative	14358
balance. Each employer's contribution rate shall then be	14359
determined in accordance with the following schedule:	14360

Contribution Rate Schedule	14361

If, as of the computation date		The employer's	14362
the contribution rate balance of		contribution rate for	14363
an employer's account as a		the next succeeding	14364
percentage of the employer's		contribution period	14365
average annual payroll is		shall be	14366
(a)	A negative balance of:		14367
	20.0% or more	6.5%	14368
	19.0% but less than 20.0%	6.4%	14369
	17.0% but less than 19.0%	6.3%	14370
	15.0% but less than 17.0%	6.2%	14371
	13.0% but less than 15.0%	6.1%	14372
	11.0% but less than 13.0%	6.0%	14373
	9.0% but less than 11.0%	5.9%	14374
	5.0% but less than 9.0%	5.7%	14375
	4.0% but less than 5.0%	5.5%	14376
	3.0% but less than 4.0%	5.3%	14377
	2.0% but less than 3.0%	5.1%	14378
	1.0% but less than 2.0%	4.9%	14379
	more than 0.0% but less than 1.0%	4.8%	14380
(b)	A 0.0% or a positive		14381
	balance of less than 1.0%	4.7%	14382
(c)	A positive balance of:		14383
	1.0% or more, but less than 1.5%	4.6%	14384
	1.5% or more, but less than 2.0%	4.5%	14385
	2.0% or more, but less than 2.5%	4.3%	14386
	2.5% or more, but less than 3.0%	4.0%	14387
	3.0% or more, but less than 3.5%	3.8%	14388
	3.5% or more, but less than 4.0%	3.5%	14389
	4.0% or more, but less than 4.5%	3.3%	14390
	4.5% or more, but less than 5.0%	3.0%	14391
	5.0% or more, but less than 5.5%	2.8%	14392
	5.5% or more, but less than 6.0%	2.5%	14393
	6.0% or more, but less than 6.5%	2.2%	14394
	6.5% or more, but less than 7.0%	2.0%	14395
	7.0% or more, but less than 7.5%	1.8%	14396
	7.5% or more, but less than 8.0%	1.6%	14397
	8.0% or more, but less than 8.5%	1.4%	14398
	8.5% or more, but less than 9.0%	1.3%	14399
	9.0% or more, but less than 9.5%	1.1%	14400
	9.5% or more, but less than 10.0%	1.0%	14401
	10.0% or more, but less than 10.5%	.9%	14402
	10.5% or more, but less than 11.0%	.7%	14403
	11.0% or more, but less than 11.5%	.6%	14404
	11.5% or more, but less than 12.0%	.5%	14405
	12.0% or more, but less than 12.5%	.4%	14406
	12.5% or more, but less than 13.0%	.3%	14407
	13.0% or more, but less than 14.0%	.2%	14408
	14.0% or more	.1%	14409

(d) The contribution rates shall be as specified in divisions	14410
(a), (b), and (c) of the contribution rate schedule except that	14411
notwithstanding the amendments made to division (a) of the	14412
contribution rate schedule in this section, if, as of the	14413
computation date: for 1991, the negative balance is 5.0% or more,	14414
the contribution rate shall be 5.7%; for 1992, if the negative	14415
balance is 11.0% or more, the contribution rate shall be 6.0%; and	14416
for 1993, if the negative balance is 17.0% or more, the	14417
contribution rate shall be 6.3%. Thereafter, the contribution	14418
rates shall be as specified in the contribution rate schedule.	14419

(B)(1) The director shall establish and maintain a separate	14420
account to be known as the "mutualized account." As of each	14421
computation date there shall be charged to this account:	14422

(a) As provided in division (A)(2) of section 4141.24 of the	14423
Revised Code, an amount equal to the sum of that portion of the	14424
negative balances of employer accounts which exceeds the	14425
applicable limitations as such balances are computed under	14426
division (A) of this section as of such date;	14427

(b) An amount equal to the sum of the negative balances	14428
remaining in employer accounts which have been closed during the	14429
year immediately preceding such computation date pursuant to	14430
division (E) of section 4141.24 of the Revised Code;	14431

(c) An amount equal to the sum of all benefits improperly	14432
paid preceding such computation date which are not recovered but	14433
which are not charged to an employer's account, or which after	14434
being charged, are credited back to an employer's account;	14435

(d) An amount equal to the sum of any other benefits paid	14436
preceding such computation date which, under this chapter, are not	14437
chargeable to an employer's account;	14438

(e) An amount equal to the sum of any refunds made during the	14439
year immediately preceding such computation date of erroneously	14440
collected mutualized contributions required by this division which	14441
were previously credited to this account;	14442

(f) An amount equal to the sum of any repayments made to the	14443
federal government during the year immediately preceding such	14444
computation date of amounts which may have been advanced by it to	14445
the unemployment compensation fund under section 1201 of the	14446
"Social Security Act," 49 Stat. 648 (1935), 42 U.S.C. 301;	14447

(g) Any amounts appropriated by the general assembly out of	14448
funds paid by the federal government, under section 903 of the	14449
"Social Security Act," to the account of this state in the federal	14450
unemployment trust fund.	14451

(2) As of every computation date there shall be credited to	14452
the mutualized account provided for in this division:	14453

(a) The proceeds of the mutualized contributions as provided	14454
in this division;	14455

(b) Any positive balances remaining in employer accounts	14456
which are closed as provided in division (E) of section 4141.24 of	14457
the Revised Code;	14458

(c) Any benefits improperly paid which are recovered but	14459
which cannot be credited to an employer's account;	14460

(d) All amounts which may be paid by the federal government	14461
under section 903 of the "Social Security Act" to the account of	14462
this state in the federal unemployment trust fund;	14463

(e) Amounts advanced by the federal government to the account	14464
of this state in the federal unemployment trust fund under section	14465
1201 of the "Social Security Act" to the extent such advances have	14466
been repaid to or recovered by the federal government;	14467

(f) Interest credited to the Ohio unemployment trust fund as	14468
deposited with the secretary of the treasury of the United States;	14469

(g) Amounts deposited into the unemployment compensation fund	14470
for penalties collected pursuant to division (A)(4) of section	14471
4141.35 of the Revised Code.	14472

(3) Annually, as of the computation date, the director shall	14473
determine the total credits and charges made to the mutualized	14474
account during the preceding twelve months and the overall	14475
condition of the account. The director shall issue an annual	14476
statement containing this information and such other information	14477
as the director deems pertinent, including a report that the sum	14478
of the balances in the mutualized account, employers' accounts,	14479
and any subsidiary accounts equal the balance in the state's	14480
unemployment trust fund maintained under section 904 of the	14481
"Social Security Act."	14482

(4) As used in this division:

14483

(a) "Fund as of the computation date" means as of any	14484
computation date, the aggregate amount of the unemployment	14485
compensation fund, including all contributions owing on the	14486
computation date that are paid within thirty days thereafter, all	14487
payments in lieu of contributions that are paid within sixty days	14488
after the computation date, all reimbursements of the federal	14489
share of extended benefits described in section 4141.301 of the	14490
Revised Code that are owing on the computation date, and all	14491
interest earned by the fund and received on or before the	14492
computation date from the federal government.	14493

(b) "Minimum safe level" means an amount equal to two	14494
standard deviations above the average of the adjusted annual	14495
average unemployment compensation benefit payment from 1970 to the	14496
most recent calendar year prior to the computation date, as	14497
determined by the director pursuant to division (B)(4)(b) of this	14498
section. To determine the adjusted annual payment of unemployment	14499
compensation benefits, the director first shall multiply the	14500
number of weeks compensated during each calendar year beginning	14501
with 1970 by the most recent annual average weekly unemployment	14502
compensation benefit payment and then compute the average and	14503
standard deviation of the resultant products.	14504

(c) "Annual average weekly unemployment compensation benefit	14505
payment" means the amount resulting from dividing the unemployment	14506
compensation benefits paid from the benefit account maintained	14507
within the unemployment compensation fund pursuant to section	14508
4141.09 of the Revised Code, by the number of weeks compensated	14509
during the same time period.	14510

(5) If, as of any computation date, the charges to the	14511
mutualized account during the entire period subsequent to the	14512
computation date, July 1, 1966, made in accordance with division	14513
(B)(1) of this section, exceed the credits to such account	14514
including mutualized contributions during such period, made in	14515
accordance with division (B)(2) of this section, the amount of	14516
such excess charges shall be recovered during the next	14517
contribution period. To recover such amount, the director shall	14518
compute the percentage ratio of such excess charges to the average	14519
annual payroll of all employers eligible for an experience rate	14520
under division (A) of this section. The percentage so determined	14521
shall be computed to the nearest tenth of one per cent and shall	14522
be an additional contribution rate to be applied to the wages paid	14523
by each employer whose rate is computed under the provisions of	14524
division (A) of this section in the contribution period next	14525
following such computation date, but such percentage shall not	14526
exceed five-tenths of one per cent; however, when there are any	14527
excess charges in the mutualized account, as computed in this	14528
division, then the mutualized contribution rate shall not be less	14529
than one-tenth of one per cent.	14530

(6) If the fund as of the computation date is above or below	14531
minimum safe level, the contribution rates provided for in each	14532
classification in division (A)(3) of this section for the next	14533
contribution period shall be adjusted as follows:	14534

(a) If the fund is thirty per cent or more above minimum safe	14535
level, the contribution rates provided in division (A)(3) of this	14536
section shall be decreased two-tenths of one per cent.	14537

(b) If the fund is more than fifteen per cent but less than	14538
thirty per cent above minimum safe level, the contribution rates	14539
provided in division (A)(3) of this section shall be decreased	14540
one-tenth of one per cent.	14541

(c) If the fund is more than fifteen per cent but less than	14542
thirty per cent below minimum safe level, the contribution rates	14543
of all employers shall be increased twenty-five one-thousandths of	14544
one per cent plus a per cent increase calculated and rounded	14545
pursuant to division (B)(6)(g) of this section.	14546

(d) If the fund is more than thirty per cent but less than	14547
forty-five per cent below minimum safe level, the contribution	14548
rates of all employers shall be increased seventy-five	14549
one-thousandths of one per cent plus a per cent increase	14550
calculated and rounded pursuant to division (B)(6)(g) of this	14551
section.	14552

(e) If the fund is more than forty-five per cent but less	14553
than sixty per cent below minimum safe level, the contribution	14554
rates of all employers shall be increased one-eighth of one per	14555
cent plus a per cent increase calculated and rounded pursuant to	14556
division (B)(6)(g) of this section.	14557

(f) If the fund is sixty per cent or more below minimum safe	14558
level, the contribution rates of all employers shall be increased	14559
two-tenths of one per cent plus a per cent increase calculated and	14560
rounded pursuant to division (B)(6)(g) of this section.	14561

(g) The additional per cent increase in contribution rates	14562
required by divisions (B)(6)(c), (d), (e), and (f) of this section	14563
that is payable by each individual employer shall be calculated in	14564
the following manner. The flat rate increase required by a	14565
particular division shall be multiplied by three and the product	14566
divided by the average experienced-rated contribution rate for all	14567
employers as determined by the director for the most recent	14568
calendar year. The resulting quotient shall be multiplied by an	14569
individual employer's contribution rate determined pursuant to	14570
division (A)(3) of this section. The resulting product shall be	14571
rounded to the nearest tenth of one per cent, added to the flat	14572
rate increase required by division (B)(6)(c), (d), (e), or (f) of	14573
this section, as appropriate, and the total shall be rounded to	14574
the nearest tenth of one per cent. As used in division (B)(6)(g)	14575
of this section, the "average experienced-rated contribution rate"	14576
means the most recent annual average contribution rate reported by	14577
the director contained in report RS 203.2 less the mutualized and	14578
minimum safe level contribution rates included in such rate.	14579

(h) If any of the increased contribution rates of division	14580
(B)(6)(c), (d), (e), or (f) of this section are imposed, the rate	14581
shall remain in effect for the calendar year in which it is	14582
imposed and for each calendar year thereafter until the director	14583
determines as of the computation date for calendar year 1991 and	14584
as of the computation date for any calendar year thereafter	14585
pursuant to this section, that the level of the unemployment	14586
compensation fund equals or exceeds the minimum safe level as	14587
defined in division (B)(4)(b) of this section. Nothing in division	14588
(B)(6)(h) of this section shall be construed as restricting the	14589
imposition of the increased contribution rates provided in	14590
divisions (B)(6)(c), (d), (e), and (f) of this section if the fund	14591
falls below the percentage of the minimum safe level as specified	14592
in those divisions.	14593

(7) The additional contributions required by division (B)(5)	14594
of this section shall be credited to the mutualized account. The	14595
additional contributions required by division (B)(6) of this	14596
section shall be credited fifty per cent to individual employer	14597
accounts and fifty per cent to the mutualized account.	14598

(C) If an employer makes a payment of contributions which is	14599
less than the full amount required by this section and sections	14600
4141.23, 4141.24, 4141.241, 4141.242, 4141.25, 4141.26, and	14601
4141.27 of the Revised Code, such partial payment shall be applied	14602
first against the mutualized contributions required under this	14603
chapter. Any remaining partial payment shall be credited to the	14604
employer's individual account.	14605

(D) Whenever there are any increases in contributions	14606
resulting from an increase in wages subject to contributions as	14607
defined in division (G) of section 4141.01 of the Revised Code, or	14608
from an increase in the mutualized rate of contributions provided	14609
in division (B) of this section, or from a revision of the	14610
contribution rate schedule provided in division (A) of this	14611
section, except for that portion of the increase attributable to a	14612
change in the positive or negative balance in an employer's	14613
account, which increases become effective after a contract for the	14614
construction of real property, as defined in section 5701.02 of	14615
the Revised Code, has been entered into, the contractee upon	14616
written notice by a prime contractor shall reimburse the	14617
contractor for all increased contributions paid by the prime	14618
contractor or by subcontractors upon wages for services performed	14619
under the contract. Upon reimbursement by the contractee to the	14620
prime contractor, the prime contractor shall reimburse each	14621
subcontractor for the increased contributions.	14622

(E) Effective only for the contribution period beginning on	14623
January 1, 1996, and ending on December 31, 1996, mutualized	14624
contributions collected or received by the director pursuant to	14625
division (B)(5) of this section and amounts credited to the	14626
mutualized account pursuant to division (B)(7) of this section	14627
shall be deposited into or credited to the unemployment	14628
compensation benefit reserve fund that is created under division	14629
(F) of this section, except that amounts collected, received, or	14630
credited in excess of two hundred million dollars shall be	14631
deposited into or credited to the unemployment trust fund	14632
established pursuant to section 4141.09 of the Revised Code.	14633

(F) The state unemployment compensation benefit reserve fund	14634
is hereby created as a trust fund in the custody of the treasurer	14635
of state and shall not be part of the state treasury. The fund	14636
shall consist of all moneys collected or received as mutualized	14637
contributions pursuant to division (B)(5) of this section and	14638
amounts credited to the mutualized account pursuant to division	14639
(B)(7) of this section as provided by division (E) of this	14640
section. All moneys in the fund shall be used solely to pay	14641
unemployment compensation benefits in the event that funds are no	14642
longer available for that purpose from the unemployment trust fund	14643
established pursuant to section 4141.09 of the Revised Code.	14644

(G) The balance in the unemployment compensation benefit	14645
reserve fund remaining at the end of the contribution period	14646
beginning January 1, 2000, and any mutualized contribution amounts	14647
for the contribution period beginning on January 1, 1996, that may	14648
be received after December 31, 2000, shall be deposited into the	14649
unemployment trust fund established pursuant to section 4141.09 of	14650
the Revised Code. Income earned on moneys in the state	14651
unemployment compensation benefit reserve fund shall be available	14652
for use by the director only for the purposes described in	14653
division (I) of this section, and shall not be used for any other	14654
purpose.	14655

(H) The unemployment compensation benefit reserve fund	14656
balance shall be added to the unemployment trust fund balance in	14657
determining the minimum safe level tax to be imposed pursuant to	14658
division (B) of this section and shall be included in the	14659
mutualized account balance for the purpose of determining the	14660
mutualized contribution rate pursuant to division (B)(5) of this	14661
section.	14662

(I) All income earned on moneys in the unemployment	14663
compensation benefit reserve fund from the investment of the fund	14664
by the treasurer of state shall accrue to the department of job	14665
and family services automation administration fund, which is	14666
hereby established in the state treasury. Moneys within the	14667
automation administration fund shall be used to meet the costs	14668
related to automation of the department and the administrative	14669
costs related to collecting and accounting for unemployment	14670
compensation benefit reserve fund revenue. Any funds remaining in	14671
the automation administration fund upon completion of the	14672
department's automation projects that are funded by that fund	14673
shall be deposited into the unemployment trust fund established	14674
pursuant to section 4141.09 of the Revised Code.	14675

(J) The director shall prepare and submit monthly reports to	14676
the unemployment compensation advisory commission with respect to	14677
the status of efforts to collect and account for unemployment	14678
compensation benefit reserve fund revenue and the costs related to	14679
collecting and accounting for that revenue. The director shall	14680
obtain approval from the unemployment compensation advisory	14681
commission for expenditure of funds from the department of job and	14682
family services automation administration fund. Funds may be	14683
approved for expenditure for purposes set forth in division (I) of	14684
this section only to the extent that federal or other funds are	14685
not available.	14686

Sec. 4141.29. Each eligible individual shall receive	14687
benefits as compensation for loss of remuneration due to	14688
involuntary total or partial unemployment in the amounts and	14689
subject to the conditions stipulated in this chapter.	14690

(A) No individual is entitled to a waiting period or benefits	14691
for any week unless the individual:	14692

(1) Has filed a valid application for determination of	14693
benefit rights in accordance with section 4141.28 of the Revised	14694
Code;	14695

(2) Has made a claim for benefits in accordance with section	14696
4141.28 of the Revised Code;	14697

(3)(a) Has registered for work and thereafter continues to	14698
report to an employment office or other registration place	14699
maintained or designated by the director of job and family	14700
services. Registration shall be made in accordance with the time	14701
limits, frequency, and manner prescribed by the director.	14702

(b) For purposes of division (A)(3) of this section, an	14703
individual has "registered" upon doing any of the following:	14704

(i) Filing an application for benefit rights;

14705

(ii) Making a weekly claim for benefits;

14706

(iii) Reopening an existing claim following a period of	14707
employment or nonreporting.	14708

(c) After an applicant is registered, that registration	14709
continues for a period of three calendar weeks, including the week	14710
during which the applicant registered. However, an individual is	14711
not registered for purposes of division (A)(3) of this section	14712
during any period in which the individual fails to report, as	14713
instructed by the director, or fails to reopen an existing claim	14714
following a period of employment.	14715

(d) The director may, for good cause, extend the period of	14716
registration.	14717

(e) For purposes of this section, "report" means contact by	14718
phone, access electronically, or be present for an in-person	14719
appointment, as designated by the director.	14720

(4)(a)(i) Is able to work and available for suitable work	14721
and, except as provided in division (A)(4)(a)(ii) or (iii) of this	14722
section, is actively seeking suitable work either in a locality in	14723
which the individual has earned wages subject to this chapter	14724
during the individual's base period, or if the individual leaves	14725
that locality, then in a locality where suitable work normally is	14726
performed.	14727

(ii) The director may waive the requirement that a claimant	14728
be actively seeking work when the director finds that the	14729
individual has been laid off and the employer who laid the	14730
individual off has notified the director within ten days after the	14731
layoff, that work is expected to be available for the individual	14732
within a specified number of days not to exceed forty-five	14733
calendar days following the last day the individual worked. In the	14734
event the individual is not recalled within the specified period,	14735
this waiver shall cease to be operative with respect to that	14736
layoff.	14737

(iii) The director may waive the requirement that a claimant	14738
be actively seeking work if the director determines that the	14739
individual has been laid off and the employer who laid the	14740
individual off has notified the director in accordance with	14741
division (C) of section 4141.28 of the Revised Code that the	14742
employer has closed the employer's entire plant or part of the	14743
employer's plant for a purpose other than inventory or vacation	14744
that will cause unemployment for a definite period not exceeding	14745
twenty-six weeks beginning on the date the employer notifies the	14746
director, for the period of the specific shutdown, if all of the	14747
following apply:	14748

(I) The employer and the individuals affected by the layoff	14749
who are claiming benefits under this chapter jointly request the	14750
exemption.	14751

(II) The employer provides that the affected individuals	14752
shall return to work for the employer within twenty-six weeks	14753
after the date the employer notifies the director.	14754

(III) The director determines that the waiver of the active	14755
search for work requirement will promote productivity and economic	14756
stability within the state.	14757

(iv) Division (A)(4)(a)(iii) of this section does not exempt	14758
an individual from meeting the other requirements specified in	14759
division (A)(4)(a)(i) of this section to be able to work and	14760
otherwise fully be available for work. An exemption granted under	14761
division (A)(4)(a)(iii) of this section may be granted only with	14762
respect to a specific plant closing.	14763

(b)(i) The individual shall be instructed as to the efforts	14764
that the individual must make in the search for suitable work,	14765
including that, within six months after ~~the effective date of this~~	14766
~~amendment~~October 11, 2013, the individual shall register with	14767
OhioMeansJobs, except in any of the following circumstances:	14768

(I) The individual is an individual described in division	14769
(A)(4)(b)(iii) of this section;	14770

(II) Where the active search for work requirement has been	14771
waived under division (A)(4)(a) of this section;	14772

(III) Where the active search for work requirement is	14773
considered to be met under division (A)(4)(c), (d), or (e) of this	14774
section.	14775

(ii) An individual who is registered with OhioMeansJobs shall	14776
receive a weekly listing of available jobs based on information	14777
provided by the individual at the time of registration. For each	14778
week that the individual claims benefits, the individual shall	14779
keep a record of the individual's work search efforts and shall	14780
produce that record in the manner and means prescribed by the	14781
director.	14782

(iii) No individual shall be required to register with	14783
OhioMeansJobs if the individual is legally prohibited from using a	14784
computer, has a physical or visual impairment that makes the	14785
individual unable to use a computer, or has a limited ability to	14786
read, write, speak, or understand a language in which	14787
OhioMeansJobs is available.	14788

(iv) As used in division (A)(4)(b) of this section:

14789

(I) "OhioMeansJobs" means the electronic job placement system	14790
operated by the state.	14791

(II) "Registration" includes the creation, electronic	14792
posting, and maintenance of an active, searchable resume.	14793

(c) An individual who is attending a training course approved	14794
by the director meets the requirement of this division, if	14795
attendance was recommended by the director and the individual is	14796
regularly attending the course and is making satisfactory	14797
progress. An individual also meets the requirements of this	14798
division if the individual is participating and advancing in a	14799
training program, as defined in division (P) of section 5709.61 of	14800
the Revised Code, and if an enterprise, defined in division (B) of	14801
section 5709.61 of the Revised Code, is paying all or part of the	14802
cost of the individual's participation in the training program	14803
with the intention of hiring the individual for employment as a	14804
new employee, as defined in division (L) of section 5709.61 of the	14805
Revised Code, for at least ninety days after the individual's	14806
completion of the training program.	14807

(d) An individual who becomes unemployed while attending a	14808
regularly established school and whose base period qualifying	14809
weeks were earned in whole or in part while attending that school,	14810
meets the availability and active search for work requirements of	14811
division (A)(4)(a) of this section if the individual regularly	14812
attends the school during weeks with respect to which the	14813
individual claims unemployment benefits and makes self available	14814
on any shift of hours for suitable employment with the	14815
individual's most recent employer or any other employer in the	14816
individual's base period, or for any other suitable employment to	14817
which the individual is directed, under this chapter.	14818

(e) An individual who is a member in good standing with a	14819
labor organization that refers individuals to jobs meets the	14820
active search for work requirement specified in division (A)(4)(a)	14821
of this section if the individual provides documentation that the	14822
individual is eligible for a referral or placement upon request	14823
and in a manner prescribed by the director.	14824

(f) Notwithstanding any other provisions of this section, no	14825
otherwise eligible individual shall be denied benefits for any	14826
week because the individual is in training approved under section	14827
236(a)(1) of the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A.	14828
2296, nor shall that individual be denied benefits by reason of	14829
leaving work to enter such training, provided the work left is not	14830
suitable employment, or because of the application to any week in	14831
training of provisions in this chapter, or any applicable federal	14832
unemployment compensation law, relating to availability for work,	14833
active search for work, or refusal to accept work.	14834

For the purposes of division (A)(4)(f) of this section,	14835
"suitable employment" means with respect to an individual, work of	14836
a substantially equal or higher skill level than the individual's	14837
past adversely affected employment, as defined for the purposes of	14838
the "Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and	14839
wages for such work at not less than eighty per cent of the	14840
individual's average weekly wage as determined for the purposes of	14841
that federal act.	14842

(5) Is unable to obtain suitable work. An individual who is	14843
provided temporary work assignments by the individual's employer	14844
under agreed terms and conditions of employment, and who is	14845
required pursuant to those terms and conditions to inquire with	14846
the individual's employer for available work assignments upon the	14847
conclusion of each work assignment, is not considered unable to	14848
obtain suitable employment if suitable work assignments are	14849
available with the employer but the individual fails to contact	14850
the employer to inquire about work assignments.	14851

(6) Participates in reemployment services, such as job search	14852
assistance services, if the individual has been determined to be	14853
likely to exhaust benefits under this chapter, including	14854
compensation payable pursuant to 5 U.S.C.A. Chapter 85, other than	14855
extended compensation, and needs reemployment services pursuant to	14856
the profiling system established by the director under division	14857
(K) of this section, unless the director determines that:	14858

(a) The individual has completed such services; or

14859

(b) There is justifiable cause for the claimant's failure to	14860
participate in such services.	14861

Ineligibility for failure to participate in reemployment	14862
services as described in division (A)(6) of this section shall be	14863
for the week or weeks in which the claimant was scheduled and	14864
failed to participate without justifiable cause.	14865

(7) Participates in the reemployment and eligibility	14866
assessment program, or other reemployment services, as required by	14867
the director. As used in division (A)(7) of this section,	14868
"reemployment services" includes job search assistance activities,	14869
skills assessments, and the provision of labor market statistics	14870
or analysis.	14871

(a) For purposes of division (A)(7) of this section,	14872
participation is required unless the director determines that	14873
either of the following circumstances applies to the individual:	14874

(i) The individual has completed similar services.

14875

(ii) Justifiable cause exists for the failure of the	14876
individual to participate in those services.	14877

(b) Within six months after ~~the effective date of this~~	14878
~~amendment~~October 11, 2013, notwithstanding any earlier contact an	14879
individual may have had with a local one-stop county office,	14880
including as described in section 6301.08 of the Revised Code,	14881
beginning with the eighth week after the week during which an	14882
individual first files a valid application for determination of	14883
benefit rights in the individual's benefit year, the individual	14884
shall report to a local one-stop county office for reemployment	14885
services in the manner prescribed by the director.	14886

(c) An individual whose active search for work requirement	14887
has been waived under division (A)(4)(a) of this section or is	14888
considered to be satisfied under division (A)(4)(c), (d), or (e)	14889
of this section is exempt from the requirements of division (A)(7)	14890
of this section.	14891

(B) An individual suffering total or partial unemployment is	14892
eligible for benefits for unemployment occurring subsequent to a	14893
waiting period of one week and no benefits shall be payable during	14894
this required waiting period. Not more than one week of waiting	14895
period shall be required of any individual in any benefit year in	14896
order to establish the individual's eligibility for total or	14897
partial unemployment benefits.	14898

(C) The waiting period for total or partial unemployment	14899
shall commence on the first day of the first week with respect to	14900
which the individual first files a claim for benefits at an	14901
employment office or other place of registration maintained or	14902
designated by the director or on the first day of the first week	14903
with respect to which the individual has otherwise filed a claim	14904
for benefits in accordance with the rules of the department of job	14905
and family services, provided such claim is allowed by the	14906
director.	14907

(D) Notwithstanding division (A) of this section, no	14908
individual may serve a waiting period or be paid benefits under	14909
the following conditions:	14910

(1) For any week with respect to which the director finds	14911
that:	14912

(a) The individual's unemployment was due to a labor dispute	14913
other than a lockout at any factory, establishment, or other	14914
premises located in this or any other state and owned or operated	14915
by the employer by which the individual is or was last employed;	14916
and for so long as the individual's unemployment is due to such	14917
labor dispute. No individual shall be disqualified under this	14918
provision if either of the following applies:	14919

(i) The individual's employment was with such employer at any	14920
factory, establishment, or premises located in this state, owned	14921
or operated by such employer, other than the factory,	14922
establishment, or premises at which the labor dispute exists, if	14923
it is shown that the individual is not financing, participating	14924
in, or directly interested in such labor dispute;	14925

(ii) The individual's employment was with an employer not	14926
involved in the labor dispute but whose place of business was	14927
located within the same premises as the employer engaged in the	14928
dispute, unless the individual's employer is a wholly owned	14929
subsidiary of the employer engaged in the dispute, or unless the	14930
individual actively participates in or voluntarily stops work	14931
because of such dispute. If it is established that the claimant	14932
was laid off for an indefinite period and not recalled to work	14933
prior to the dispute, or was separated by the employer prior to	14934
the dispute for reasons other than the labor dispute, or that the	14935
individual obtained a bona fide job with another employer while	14936
the dispute was still in progress, such labor dispute shall not	14937
render the employee ineligible for benefits.	14938

(b) The individual has been given a disciplinary layoff for	14939
misconduct in connection with the individual's work.	14940

(2) For the duration of the individual's unemployment if the	14941
director finds that:	14942

(a) The individual quit work without just cause or has been	14943
discharged for just cause in connection with the individual's	14944
work, provided division (D)(2) of this section does not apply to	14945
the separation of a person under any of the following	14946
circumstances:	14947

(i) Separation from employment for the purpose of entering	14948
the armed forces of the United States if the individual is	14949
inducted into the armed forces within one of the following	14950
periods:	14951

(I) Thirty days after separation;

14952

(II) One hundred eighty days after separation if the	14953
individual's date of induction is delayed solely at the discretion	14954
of the armed forces.	14955

(ii) Separation from employment pursuant to a	14956
labor-management contract or agreement, or pursuant to an	14957
established employer plan, program, or policy, which permits the	14958
employee, because of lack of work, to accept a separation from	14959
employment;	14960

(iii) The individual has left employment to accept a recall	14961
from a prior employer or, except as provided in division	14962
(D)(2)(a)(iv) of this section, to accept other employment as	14963
provided under section 4141.291 of the Revised Code, or left or	14964
was separated from employment that was concurrent employment at	14965
the time of the most recent separation or within six weeks prior	14966
to the most recent separation where the remuneration, hours, or	14967
other conditions of such concurrent employment were substantially	14968
less favorable than the individual's most recent employment and	14969
where such employment, if offered as new work, would be considered	14970
not suitable under the provisions of divisions (E) and (F) of this	14971
section. Any benefits that would otherwise be chargeable to the	14972
account of the employer from whom an individual has left	14973
employment or was separated from employment that was concurrent	14974
employment under conditions described in division (D)(2)(a)(iii)	14975
of this section, shall instead be charged to the mutualized	14976
account created by division (B) of section 4141.25 of the Revised	14977
Code, except that any benefits chargeable to the account of a	14978
reimbursing employer under division (D)(2)(a)(iii) of this section	14979
shall be charged to the account of the reimbursing employer and	14980
not to the mutualized account, except as provided in division	14981
(D)(2) of section 4141.24 of the Revised Code.	14982

(iv) When an individual has been issued a definite layoff	14983
date by the individual's employer and before the layoff date, the	14984
individual quits to accept other employment, the provisions of	14985
division (D)(2)(a)(iii) of this section apply and no	14986
disqualification shall be imposed under division (D) of this	14987
section. However, if the individual fails to meet the employment	14988
and earnings requirements of division (A)(2) of section 4141.291	14989
of the Revised Code, then the individual, pursuant to division	14990
(A)(5) of this section, shall be ineligible for benefits for any	14991
week of unemployment that occurs prior to the layoff date.	14992

(b) The individual has refused without good cause to accept	14993
an offer of suitable work when made by an employer either in	14994
person or to the individual's last known address, or has refused	14995
or failed to investigate a referral to suitable work when directed	14996
to do so by a local employment office of this state or another	14997
state, provided that this division shall not cause a	14998
disqualification for a waiting week or benefits under the	14999
following circumstances:	15000

(i) When work is offered by the individual's employer and the	15001
individual is not required to accept the offer pursuant to the	15002
terms of the labor-management contract or agreement; or	15003

(ii) When the individual is attending a training course	15004
pursuant to division (A)(4) of this section except, in the event	15005
of a refusal to accept an offer of suitable work or a refusal or	15006
failure to investigate a referral, benefits thereafter paid to	15007
such individual shall not be charged to the account of any	15008
employer and, except as provided in division (B)(1)(b) of section	15009
4141.241 of the Revised Code, shall be charged to the mutualized	15010
account as provided in division (B) of section 4141.25 of the	15011
Revised Code.	15012

(c) Such individual quit work to marry or because of marital,	15013
parental, filial, or other domestic obligations.	15014

(d) The individual became unemployed by reason of commitment	15015
to any correctional institution.	15016

(e) The individual became unemployed because of dishonesty in	15017
connection with the individual's most recent or any base period	15018
work. Remuneration earned in such work shall be excluded from the	15019
individual's total base period remuneration and qualifying weeks	15020
that otherwise would be credited to the individual for such work	15021
in the individual's base period shall not be credited for the	15022
purpose of determining the total benefits to which the individual	15023
is eligible and the weekly benefit amount to be paid under section	15024
4141.30 of the Revised Code. Such excluded remuneration and	15025
noncredited qualifying weeks shall be excluded from the	15026
calculation of the maximum amount to be charged, under division	15027
(D) of section 4141.24 and section 4141.33 of the Revised Code,	15028
against the accounts of the individual's base period employers. In	15029
addition, no benefits shall thereafter be paid to the individual	15030
based upon such excluded remuneration or noncredited qualifying	15031
weeks.	15032

For purposes of division (D)(2)(e) of this section,	15033
"dishonesty" means the commission of substantive theft, fraud, or	15034
deceitful acts.	15035

(E) No individual otherwise qualified to receive benefits	15036
shall lose the right to benefits by reason of a refusal to accept	15037
new work if:	15038

(1) As a condition of being so employed the individual would	15039
be required to join a company union, or to resign from or refrain	15040
from joining any bona fide labor organization, or would be denied	15041
the right to retain membership in and observe the lawful rules of	15042
any such organization.	15043

(2) The position offered is vacant due directly to a strike,	15044
lockout, or other labor dispute.	15045

(3) The work is at an unreasonable distance from the	15046
individual's residence, having regard to the character of the work	15047
the individual has been accustomed to do, and travel to the place	15048
of work involves expenses substantially greater than that required	15049
for the individual's former work, unless the expense is provided	15050
for.	15051

(4) The remuneration, hours, or other conditions of the work	15052
offered are substantially less favorable to the individual than	15053
those prevailing for similar work in the locality.	15054

(F) Subject to the special exceptions contained in division	15055
(A)(4)(f) of this section and section 4141.301 of the Revised	15056
Code, in determining whether any work is suitable for a claimant	15057
in the administration of this chapter, the director, in addition	15058
to the determination required under division (E) of this section,	15059
shall consider the degree of risk to the claimant's health,	15060
safety, and morals, the individual's physical fitness for the	15061
work, the individual's prior training and experience, the length	15062
of the individual's unemployment, the distance of the available	15063
work from the individual's residence, and the individual's	15064
prospects for obtaining local work.	15065

(G) The "duration of unemployment" as used in this section	15066
means the full period of unemployment next ensuing after a	15067
separation from any base period or subsequent work and until an	15068
individual has become reemployed in employment subject to this	15069
chapter, or the unemployment compensation act of another state, or	15070
of the United States, and until such individual has worked six	15071
weeks and for those weeks has earned or been paid remuneration	15072
equal to six times an average weekly wage of not less than:	15073
eighty-five dollars and ten cents per week beginning on June 26,	15074
1990; and beginning on and after January 1, 1992, twenty-seven and	15075
one-half per cent of the statewide average weekly wage as computed	15076
each first day of January under division (B)(3) of section 4141.30	15077
of the Revised Code, rounded down to the nearest dollar, except	15078
for purposes of division (D)(2)(c) of this section, such term	15079
means the full period of unemployment next ensuing after a	15080
separation from such work and until such individual has become	15081
reemployed subject to the terms set forth above, and has earned	15082
wages equal to one-half of the individual's average weekly wage or	15083
sixty dollars, whichever is less.	15084

(H) If a claimant is disqualified under division (D)(2)(a),	15085
(c), or (d) of this section or found to be qualified under the	15086
exceptions provided in division (D)(2)(a)(i), (iii), or (iv) of	15087
this section or division (A)(2) of section 4141.291 of the Revised	15088
Code, then benefits that may become payable to such claimant,	15089
which are chargeable to the account of the employer from whom the	15090
individual was separated under such conditions, shall be charged	15091
to the mutualized account provided in section 4141.25 of the	15092
Revised Code, provided that no charge shall be made to the	15093
mutualized account for benefits chargeable to a reimbursing	15094
employer, except as provided in division (D)(2) of section 4141.24	15095
of the Revised Code. In the case of a reimbursing employer, the	15096
director shall refund or credit to the account of the reimbursing	15097
employer any over-paid benefits that are recovered under division	15098
(B) of section 4141.35 of the Revised Code. Amounts chargeable to	15099
other states, the United States, or Canada that are subject to	15100
agreements and arrangements that are established pursuant to	15101
section 4141.43 of the Revised Code shall be credited or	15102
reimbursed according to the agreements and arrangements to which	15103
the chargeable amounts are subject.	15104

(I)(1) Benefits based on service in employment as provided in	15105
divisions (B)(2)(a) and (b) of section 4141.01 of the Revised Code	15106
shall be payable in the same amount, on the same terms, and	15107
subject to the same conditions as benefits payable on the basis of	15108
other service subject to this chapter; except that after December	15109
31, 1977:	15110

(a) Benefits based on service in an instructional, research,	15111
or principal administrative capacity in an institution of higher	15112
education, as defined in division (Y) of section 4141.01 of the	15113
Revised Code; or for an educational institution as defined in	15114
division (CC) of section 4141.01 of the Revised Code, shall not be	15115
paid to any individual for any week of unemployment that begins	15116
during the period between two successive academic years or terms,	15117
or during a similar period between two regular but not successive	15118
terms or during a period of paid sabbatical leave provided for in	15119
the individual's contract, if the individual performs such	15120
services in the first of those academic years or terms and has a	15121
contract or a reasonable assurance that the individual will	15122
perform services in any such capacity for any such institution in	15123
the second of those academic years or terms.	15124

(b) Benefits based on service for an educational institution	15125
or an institution of higher education in other than an	15126
instructional, research, or principal administrative capacity,	15127
shall not be paid to any individual for any week of unemployment	15128
which begins during the period between two successive academic	15129
years or terms of the employing educational institution or	15130
institution of higher education, provided the individual performed	15131
those services for the educational institution or institution of	15132
higher education during the first such academic year or term and,	15133
there is a reasonable assurance that such individual will perform	15134
those services for any educational institution or institution of	15135
higher education in the second of such academic years or terms.	15136

If compensation is denied to any individual for any week	15137
under division (I)(1)(b) of this section and the individual was	15138
not offered an opportunity to perform those services for an	15139
institution of higher education or for an educational institution	15140
for the second of such academic years or terms, the individual is	15141
entitled to a retroactive payment of compensation for each week	15142
for which the individual timely filed a claim for compensation and	15143
for which compensation was denied solely by reason of division	15144
(I)(1)(b) of this section. An application for retroactive benefits	15145
shall be timely filed if received by the director or the	15146
director's deputy within or prior to the end of the fourth full	15147
calendar week after the end of the period for which benefits were	15148
denied because of reasonable assurance of employment. The	15149
provision for the payment of retroactive benefits under division	15150
(I)(1)(b) of this section is applicable to weeks of unemployment	15151
beginning on and after November 18, 1983. The provisions under	15152
division (I)(1)(b) of this section shall be retroactive to	15153
September 5, 1982, only if, as a condition for full tax credit	15154
against the tax imposed by the "Federal Unemployment Tax Act," 53	15155
Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States	15156
secretary of labor determines that retroactivity is required by	15157
federal law.	15158

(c) With respect to weeks of unemployment beginning after	15159
December 31, 1977, benefits shall be denied to any individual for	15160
any week which commences during an established and customary	15161
vacation period or holiday recess, if the individual performs any	15162
services described in divisions (I)(1)(a) and (b) of this section	15163
in the period immediately before the vacation period or holiday	15164
recess, and there is a reasonable assurance that the individual	15165
will perform any such services in the period immediately following	15166
the vacation period or holiday recess.	15167

(d) With respect to any services described in division	15168
(I)(1)(a), (b), or (c) of this section, benefits payable on the	15169
basis of services in any such capacity shall be denied as	15170
specified in division (I)(1)(a), (b), or (c) of this section to	15171
any individual who performs such services in an educational	15172
institution or institution of higher education while in the employ	15173
of an educational service agency. For this purpose, the term	15174
"educational service agency" means a governmental agency or	15175
governmental entity that is established and operated exclusively	15176
for the purpose of providing services to one or more educational	15177
institutions or one or more institutions of higher education.	15178

(e) Any individual employed by a county board of	15179
developmental disabilities shall be notified by the thirtieth day	15180
of April each year if the individual is not to be reemployed the	15181
following academic year.	15182

(f) Any individual employed by a school district, other than	15183
a municipal school district as defined in section 3311.71 of the	15184
Revised Code, shall be notified by the first day of June each year	15185
if the individual is not to be reemployed the following academic	15186
year.	15187

(2) No disqualification will be imposed, between academic	15188
years or terms or during a vacation period or holiday recess under	15189
this division, unless the director or the director's deputy has	15190
received a statement in writing from the educational institution	15191
or institution of higher education that the claimant has a	15192
contract for, or a reasonable assurance of, reemployment for the	15193
ensuing academic year or term.	15194

(3) If an individual has employment with an educational	15195
institution or an institution of higher education and employment	15196
with a noneducational employer, during the base period of the	15197
individual's benefit year, then the individual may become eligible	15198
for benefits during the between-term, or vacation or holiday	15199
recess, disqualification period, based on employment performed for	15200
the noneducational employer, provided that the employment is	15201
sufficient to qualify the individual for benefit rights separately	15202
from the benefit rights based on school employment. The weekly	15203
benefit amount and maximum benefits payable during a	15204
disqualification period shall be computed based solely on the	15205
nonschool employment.	15206

(J) Benefits shall not be paid on the basis of employment	15207
performed by an alien, unless the alien had been lawfully admitted	15208
to the United States for permanent residence at the time the	15209
services were performed, was lawfully present for purposes of	15210
performing the services, or was otherwise permanently residing in	15211
the United States under color of law at the time the services were	15212
performed, under section 212(d)(5) of the "Immigration and	15213
Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101:	15214

(1) Any data or information required of individuals applying	15215
for benefits to determine whether benefits are not payable to them	15216
because of their alien status shall be uniformly required from all	15217
applicants for benefits.	15218

(2) In the case of an individual whose application for	15219
benefits would otherwise be approved, no determination that	15220
benefits to the individual are not payable because of the	15221
individual's alien status shall be made except upon a	15222
preponderance of the evidence that the individual had not, in	15223
fact, been lawfully admitted to the United States.	15224

(K) The director shall establish and utilize a system of	15225
profiling all new claimants under this chapter that:	15226

(1) Identifies which claimants will be likely to exhaust	15227
regular compensation and will need job search assistance services	15228
to make a successful transition to new employment;	15229

(2) Refers claimants identified pursuant to division (K)(1)	15230
of this section to reemployment services, such as job search	15231
assistance services, available under any state or federal law;	15232

(3) Collects follow-up information relating to the services	15233
received by such claimants and the employment outcomes for such	15234
claimant's subsequent to receiving such services and utilizes such	15235
information in making identifications pursuant to division (K)(1)	15236
of this section; and	15237

(4) Meets such other requirements as the United States	15238
secretary of labor determines are appropriate.	15239

(L) Except as otherwise provided in division (A)(6) of this	15240
section, ineligibility pursuant to division (A) of this section	15241
shall begin on the first day of the week in which the claimant	15242
becomes ineligible for benefits and shall end on the last day of	15243
the week preceding the week in which the claimant satisfies the	15244
eligibility requirements.	15245

(M) The director may adopt rules that the director considers	15246
necessary for the administration of division (A) of this section.	15247

Sec. 4141.35. (A) If the director of job and family services	15248
finds that any fraudulent misrepresentation has been made by an	15249
applicant for or a recipient of benefits with the object of	15250
obtaining benefits to which the applicant or recipient was not	15251
entitled, and in addition to any other penalty or forfeiture under	15252
this chapter, then the director:	15253

(1) Shall within four years after the end of the benefit year	15254
in which the fraudulent misrepresentation was made reject or	15255
cancel such person's entire weekly claim for benefits that was	15256
fraudulently claimed, or the person's entire benefit rights if the	15257
misrepresentation was in connection with the filing of the	15258
claimant's application for determination of benefit rights;	15259

(2) Shall by order declare that, for each application for	15260
benefit rights and for each weekly claim canceled, such person	15261
shall be ineligible for two otherwise valid weekly claims for	15262
benefits, claimed within six years subsequent to the discovery of	15263
such misrepresentation;	15264

(3) By order shall require that the total amount of benefits	15265
rejected or canceled under division (A)(1) of this section be	15266
repaid to the director before such person may become eligible for	15267
further benefits, and shall withhold such unpaid sums from future	15268
benefit payments accruing and otherwise payable to such claimant.	15269
Effective with orders issued on or after January 1, 1993, if such	15270
benefits are not repaid within thirty days after the director's	15271
order becomes final, interest on the amount remaining unpaid shall	15272
be charged to the person at a rate and calculated in the same	15273
manner as provided under section 4141.23 of the Revised Code. When	15274
a person ordered to repay benefits has repaid all overpaid	15275
benefits according to a plan approved by the director, the	15276
director may cancel the amount of interest that accrued during the	15277
period of the repayment plan. The director may take action in any	15278
court of competent jurisdiction to collect benefits and interest	15279
as provided in sections 4141.23 and 4141.27 of the Revised Code,	15280
in regard to the collection of unpaid contributions, using the	15281
final repayment order as the basis for such action. Except as	15282
otherwise provided in this division, no administrative or legal	15283
proceedings for the collection of such benefits or interest due,	15284
or for the collection of a penalty under division (A)(4) of this	15285
section, shall be initiated after the expiration of six years from	15286
the date on which the director's order requiring repayment became	15287
final and the amount of any benefits, penalty, or interest not	15288
recovered at that time, and any liens thereon, shall be canceled	15289
as uncollectible. The time limit for instituting proceedings shall	15290
be extended by the period of any stay to the collection or by any	15291
other time period to which the parties mutually agree.	15292

(4) Shall, for findings made on or after October 21, 2013, by	15293
order assess a mandatory penalty on such a person in an amount	15294
equal to twenty-five per cent of the total amount of benefits	15295
rejected or canceled under division (A)(1) of this section. The	15296
first sixty per cent of each penalty collected under division	15297
(A)(4) of this section shall be deposited into the unemployment	15298
compensation fund created under section 4141.09 of the Revised	15299
Code~~, and the~~and shall be credited to the mutualized account, as	15300
provided in division (B)(2)(g) of section 4141.25 of the Revised	15301
Code. The remainder of each penalty collected shall be deposited	15302
into the unemployment compensation special administrative fund	15303
created under section 4141.11 of the Revised Code.	15304

(5) May take action to collect benefits fraudulently obtained	15305
under the unemployment compensation law of any other state or the	15306
United States or Canada. Such action may be initiated in the	15307
courts of this state in the same manner as provided for unpaid	15308
contributions in section 4141.41 of the Revised Code.	15309

(6) May take action to collect benefits that have been	15310
fraudulently obtained from the director, interest pursuant to	15311
division (A)(3) of this section, and court costs, through	15312
attachment proceedings under Chapter 2715. of the Revised Code and	15313
garnishment proceedings under Chapter 2716. of the Revised Code.	15314

(B) If the director finds that an applicant for benefits has	15315
been credited with a waiting period or paid benefits to which the	15316
applicant was not entitled for reasons other than fraudulent	15317
misrepresentation, the director shall:	15318

(1)(a) Within six months after the determination under which	15319
the claimant was credited with that waiting period or paid	15320
benefits becomes final pursuant to section 4141.28 of the Revised	15321
Code, or within three years after the end of the benefit year in	15322
which such benefits were claimed, whichever is later, by order	15323
cancel such waiting period and require that such benefits be	15324
repaid to the director or be withheld from any benefits to which	15325
such applicant is or may become entitled before any additional	15326
benefits are paid, provided that the repayment or withholding	15327
shall not be required where the overpayment is the result of the	15328
director's correcting a prior decision due to a typographical or	15329
clerical error in the director's prior decision, or an error in an	15330
employer's report under division (G) of section 4141.28 of the	15331
Revised Code.	15332

(b) The limitation specified in division (B)(1)(a) of this	15333
section shall not apply to cases involving the retroactive payment	15334
of remuneration covering periods for which benefits were	15335
previously paid to the claimant. However, in such cases, the	15336
director's order requiring repayment shall not be issued unless	15337
the director is notified of such retroactive payment within six	15338
months from the date the retroactive payment was made to the	15339
claimant.	15340

(2) The director may, by reciprocal agreement with the United	15341
States secretary of labor or another state, recover overpayment	15342
amounts from unemployment benefits otherwise payable to an	15343
individual under Chapter 4141. of the Revised Code. Any	15344
overpayments made to the individual that have not previously been	15345
recovered under an unemployment benefit program of the United	15346
States may be recovered in accordance with section 303(g) of the	15347
"Social Security Act" and sections 3304(a)(4) and 3306(f) of the	15348
"Federal Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A.	15349
3301 to 3311.	15350

(3) If the amounts required to be repaid under division (B)	15351
of this section are not recovered within three years from the date	15352
the director's order requiring payment became final, initiate no	15353
further action to collect such benefits and the amount of any	15354
benefits not recovered at that time shall be canceled as	15355
uncollectible, provided that the time limit for collection shall	15356
be extended by the period of any stay to the collection or by any	15357
other time period to which the parties mutually agree.	15358

(C) The appeal provisions of sections 4141.281 and 4141.282	15359
of the Revised Code shall apply to all orders and determinations	15360
issued under this section, except that an individual's right of	15361
appeal under division (B)(2) of this section shall be limited to	15362
this state's authority to recover overpayment of benefits.	15363

(D) If an individual makes a full repayment or a repayment	15364
that is less than the full amount required by this section, the	15365
director shall apply the repayment to the mutualized account under	15366
division (B) of section 4141.25 of the Revised Code, except that	15367
the director shall credit the repayment to the accounts of the	15368
individual's base period employers that previously have not been	15369
credited for the amount of improperly paid benefits charged	15370
against their accounts based on the proportion of benefits charged	15371
against the accounts as determined pursuant to division (D) of	15372
section 4141.24 of the Revised Code.	15373

The director shall deposit any repayment collected under this	15374
section that the director determines to be payment of interest or	15375
court costs into the unemployment compensation special	15376
administrative fund established pursuant to section 4141.11 of the	15377
Revised Code.	15378

This division does not apply to ~~federal~~any of the following:

15379

(1) Federal tax refund offsets under 31 C.F.R. 285.8;

15380

(2) Unclaimed fund recoveries under section 131.024 of the	15381
Revised Code;	15382

(3) Lottery award offsets under section 3770.073 of the	15383
Revised Code;	15384

(4) State tax refund offsets under section 5747.12 of the	15385
Revised Code.	15386

Sec. 4303.021. (A) Permit A-1-A may be issued to the holder	15387
of an A-1, A-1c, or A-2 permit to sell beer and any intoxicating	15388
liquor at retail, only by the individual drink in glass or from a	15389
container, provided that one of the following applies to the A-1-A	15390
permit premises:	15391

(1) It is situated on the same parcel or tract of land as the	15392
related A-1, A-1c, or A-2 manufacturing permit premises.	15393

(2) It is separated from the parcel or tract of land on which	15394
is located the A-1, A-1c, or A-2 manufacturing permit premises	15395
only by public streets or highways or by other lands owned by the	15396
holder of the A-1, A-1c, or A-2 permit and used by the holder in	15397
connection with or in promotion of the holder's A-1, A-1c, or A-2	15398
permit business.	15399

(3) It is situated on a parcel or tract of land that is not	15400
more than one-half mile from the A-1, A-1c, or A-2 manufacturing	15401
permit premises.	15402

(B) The fee for this permit is three thousand nine hundred	15403
six dollars.	15404

(C)(1) The holder of an A-1-A permit may sell beer and any	15405
intoxicating liquor during the same hours as the holders of D-5	15406
permits under this chapter or Chapter 4301. of the Revised Code or	15407
the rules of the liquor control commission and shall obtain a	15408
license as a retail food establishment or a food service operation	15409
pursuant to Chapter 3717. of the Revised Code and operate as a	15410
restaurant for purposes of this chapter.	15411

(2) If a permit A-1-A is issued to the holder of an A-1 or	15412
A-1c permit, the A-1-A permit holder may sell beer at the A-1-A	15413
permit premises dispensed in glass containers with a capacity that	15414
does not exceed one gallon and not for consumption on the premises	15415
where sold if all of the following apply:	15416

(a) The A-1-A permit premises is situated in the same	15417
municipal corporation or township as the related A-1 or A-1c	15418
manufacturing permit premises.	15419

(b) The containers are sealed, marked, and transported in	15420
accordance with division (E) of section 4301.62 of the Revised	15421
Code.	15422

(c) The containers have been cleaned immediately before being	15423
filled in accordance with rule 4301:1-1-28 of the Administrative	15424
Code.	15425

(D) Except as otherwise provided in this section, nothe	15426
division of liquor control shall not issue a new A-1-A permit	15427
~~shall be issued~~ to the holder of an A-1, A-1c, or A-2 permit	15428
unless the sale of beer and intoxicating liquor under class D	15429
permits is permitted in the precinct in which the A-1, A-1c, or	15430
A-2 permit is located and, in the case of an A-2 permit, unless	15431
the holder of the A-2 permit manufactures or has a storage	15432
capacity of at least twenty-five thousand gallons of wine per	15433
year. The immediately preceding sentence does not prohibit the	15434
issuance of an A-1-A permit to an applicant for such a permit who	15435
is the holder of an A-1 permit and whose application was filed	15436
with the division of liquor control before June 1, 1994. The	15437
liquor control commission shall not restrict the number of A-1-A	15438
permits which may be located within a precinct.	15439

Sec. 4503.102. (A) The registrar of motor vehicles shall	15440
adopt rules to establish a centralized system of motor vehicle	15441
registration renewal by mail or by electronic means. Any person	15442
owning a motor vehicle that was registered in the person's name	15443
during the preceding registration year shall renew the	15444
registration of the motor vehicle not more than ninety days prior	15445
to the expiration date of the registration either by mail or by	15446
electronic means through the centralized system of registration	15447
established under this section, or in person at any office of the	15448
registrar or at a deputy registrar's office.	15449

(B)(1) No less than forty-five days prior to the expiration	15450
date of any motor vehicle registration, the registrar shall mail a	15451
renewal notice to the person in whose name the motor vehicle is	15452
registered. The renewal notice shall clearly state that the	15453
registration of the motor vehicle may be renewed by mail or	15454
electronic means through the centralized system of registration or	15455
in person at any office of the registrar or at a deputy	15456
registrar's office and shall be preprinted with information	15457
including, but not limited to, the owner's name and residence	15458
address as shown in the records of the bureau of motor vehicles, a	15459
brief description of the motor vehicle to be registered, notice of	15460
the license taxes and fees due on the motor vehicle, the toll-free	15461
telephone number of the registrar as required under division	15462
(D)(1) of section 4503.031 of the Revised Code, and any additional	15463
information the registrar may require by rule. The renewal notice	15464
shall not include the social security number of either the owner	15465
of the motor vehicle or the person in whose name the motor vehicle	15466
is registered. The renewal notice shall be sent by regular mail to	15467
the owner's last known address as shown in the records of the	15468
bureau of motor vehicles.	15469

(2) If the application for renewal of the registration of a	15470
motor vehicle is prohibited from being accepted by the registrar	15471
or a deputy registrar by division (D) of section 2935.27, division	15472
(A) of section 2937.221, division (A) of section 4503.13, division	15473
(B) of section 4510.22, or division (B)(1) of section 4521.10 of	15474
the Revised Code, the registrar is not required to send a renewal	15475
notice to the vehicle owner or vehicle lessee.	15476

(C) The owner of the motor vehicle shall verify the	15477
information contained in the notice, sign it either manually or by	15478
electronic means, and return it, either by mail or electronic	15479
means, or the owner may take it in person to any office of the	15480
registrar or of a deputy registrar, together with a financial	15481
transaction device number, ~~when permitted by rule of the~~	15482
~~registrar,~~ check, or money order in the amount of the registration	15483
taxes and fees payable on the motor vehicle and a mail fee of ~~two~~	15484
~~dollars and seventy-five cents commencing on July 1, 2001, three~~	15485
~~dollars and twenty-five cents commencing on January 1, 2003, and~~	15486
three dollars and fifty cents ~~commencing on January 1, 2004~~, plus	15487
postage as indicated on the notice, if the registration is renewed	15488
by mail, and an inspection certificate for the motor vehicle as	15489
provided in section 3704.14 of the Revised Code. If the motor	15490
vehicle owner chooses to renew the motor vehicle registration by	15491
electronic means, the owner shall proceed in accordance with the	15492
rules the registrar adopts.	15493

(D) If all registration and transfer fees for the motor	15494
vehicle for the preceding year or the preceding period of the	15495
current registration year have not been paid, if division (D) of	15496
section 2935.27, division (A) of section 2937.221, division (A) of	15497
section 4503.13, division (B) of section 4510.22, or division	15498
(B)(1) of section 4521.10 of the Revised Code prohibits acceptance	15499
of the renewal notice, or if the owner or lessee does not have an	15500
inspection certificate for the motor vehicle as provided in	15501
section 3704.14 of the Revised Code, if that section is	15502
applicable, the license shall be refused, and the registrar or	15503
deputy registrar shall so notify the owner. This section does not	15504
require the payment of license or registration taxes on a motor	15505
vehicle for any preceding year, or for any preceding period of a	15506
year, if the motor vehicle was not taxable for that preceding year	15507
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or	15508
4503.16 or Chapter 4504. of the Revised Code.	15509

(E)(1) Failure to receive a renewal notice does not relieve a	15510
motor vehicle owner from the responsibility to renew the	15511
registration for the motor vehicle. Any person who has a motor	15512
vehicle registered in this state and who does not receive a	15513
renewal notice as provided in division (B) of this section prior	15514
to the expiration date of the registration shall request an	15515
application for registration from the registrar or a deputy	15516
registrar and sign the application manually or by electronic means	15517
and submit the application and pay any applicable license taxes	15518
and fees to the registrar or deputy registrar.	15519

(2) If the owner of a motor vehicle submits an application	15520
for registration and the registrar is prohibited by division (D)	15521
of section 2935.27, division (A) of section 2937.221, division (A)	15522
of section 4503.13, division (B) of section 4510.22, or division	15523
(B)(1) of section 4521.10 of the Revised Code from accepting the	15524
application, the registrar shall return the application and the	15525
payment to the owner. If the owner of a motor vehicle submits a	15526
registration renewal application to the registrar by electronic	15527
means and the registrar is prohibited from accepting the	15528
application as provided in this division, the registrar shall	15529
notify the owner of this fact and deny the application and return	15530
the payment or give a credit on the financial transaction device	15531
account of the owner in the manner the registrar prescribes by	15532
rule adopted pursuant to division (A) of this section.	15533

(F) Every deputy registrar shall post in a prominent place at	15534
the deputy's office a notice informing the public of the mail	15535
registration system required by this section and also shall post a	15536
notice that every owner of a motor vehicle and every chauffeur	15537
holding a certificate of registration is required to notify the	15538
registrar in writing of any change of residence within ten days	15539
after the change occurs. The notice shall be in such form as the	15540
registrar prescribes by rule.	15541

(G) The ~~two dollars and seventy-five cents fee collected from~~	15542
~~July 1, 2001, through December 31, 2002, the three dollars and~~	15543
~~twenty-five cents fee collected from January 1, 2003, through~~	15544
~~December 31, 2003, and the~~ three dollars and fifty cents fee	15545
~~collected after January 1, 2004~~, plus postage and any financial	15546
transaction device surcharge collected by the registrar for	15547
registration by mail, shall be paid to the credit of the state	15548
bureau of motor vehicles fund established by section 4501.25 of	15549
the Revised Code.	15550

(H)(1) Pursuant to section 113.40 of the Revised Code, the	15551
registrar ~~may~~shall implement a program permitting payment of	15552
charges in excess of ten dollars for motor vehicle registration	15553
taxes and fees, driver's license and commercial driver's license	15554
fees, and any other taxes, fees, penalties, or charges imposed or	15555
levied by the state by means of a financial transaction device.	15556
The registrar ~~may~~shall adopt rules as necessary for this purpose.	15557

(2) Commencing with deputy registrar contract awards that	15558
have a start date of July 1, ~~2008~~2014, and for all contract	15559
awards thereafter, the registrar shall ~~incorporate in the review~~	15560
~~process a score for whether or not a proposer states~~require that	15561
the proposer ~~will~~ accept payment by means of a financial	15562
transaction device, including credit cards and debit cards, for	15563
~~all~~ department of public safety transactions conducted at that	15564
deputy registrar location that are in excess of ten dollars.	15565

~~A deputy registrar shall not be required to accept payment by~~	15566
~~means of a financial transaction device unless the deputy~~	15567
~~registrar agreed to do so in the deputy registrar's contract. The~~	15568
~~bureau shall not be required to pay any costs incurred by a deputy~~	15569
~~registrar who accepts payment by means of a financial transaction~~	15570
~~device that result from the deputy registrar accepting payment by~~	15571
~~means of a financial transaction device.~~	15572

(3) AIn accordance with division (H)(1) of this section and	15573
rules adopted by the registrar, a county auditor or clerk of a	15574
court of common pleas that is designated a deputy registrar ~~may~~	15575
~~choose to~~shall accept payment by means of a financial transaction	15576
device, including credit cards and debit cards, for ~~all~~ department	15577
of public safety transactions that are in excess of ten dollars	15578
and are conducted at the office of the county auditor or clerk in	15579
the county auditor's or clerk's capacity as deputy registrar. ~~The~~	15580
~~bureau shall not be required to pay any costs incurred by a county~~	15581
~~auditor who accepts payment by means of a financial transaction~~	15582
~~device that result from the county auditor accepting payment by~~	15583
~~means of a financial transaction device for any such department of~~	15584
~~public safety transaction.~~	15585

(I) For persons who reside in counties where tailpipe	15586
emissions inspections are required under the motor vehicle	15587
inspection and maintenance program, the notice required by	15588
division (B) of this section shall also include the toll-free	15589
telephone number maintained by the Ohio environmental protection	15590
agency to provide information concerning the locations of	15591
emissions testing centers.	15592

Sec. 4503.44. (A) As used in this section and in section	15593
4511.69 of the Revised Code:	15594

(1) "Person with a disability that limits or impairs the	15595
ability to walk" means any person who, as determined by a health	15596
care provider, meets any of the following criteria:	15597

(a) Cannot walk two hundred feet without stopping to rest;

15598

(b) Cannot walk without the use of, or assistance from, a	15599
brace, cane, crutch, another person, prosthetic device,	15600
wheelchair, or other assistive device;	15601

(c) Is restricted by a lung disease to such an extent that	15602
the person's forced (respiratory) expiratory volume for one	15603
second, when measured by spirometry, is less than one liter, or	15604
the arterial oxygen tension is less than sixty millimeters of	15605
mercury on room air at rest;	15606

(d) Uses portable oxygen;

15607

(e) Has a cardiac condition to the extent that the person's	15608
functional limitations are classified in severity as class III or	15609
class IV according to standards set by the American heart	15610
association;	15611

(f) Is severely limited in the ability to walk due to an	15612
arthritic, neurological, or orthopedic condition;	15613

(g) Is blind, legally blind, or severely visually impaired.

15614

(2) "Organization" means any private organization or	15615
corporation, or any governmental board, agency, department,	15616
division, or office, that, as part of its business or program,	15617
transports persons with disabilities that limit or impair the	15618
ability to walk on a regular basis in a motor vehicle that has not	15619
been altered for the purpose of providing it with special	15620
equipment for use by persons with disabilities. This definition	15621
does not apply to division ~~(J)~~(I) of this section.	15622

(3) "Health care provider" means a physician, physician	15623
assistant, advanced practice registered nurse, optometrist, or	15624
chiropractor as defined in this section except that an optometrist	15625
shall only make determinations as to division (A)(1)(g) of this	15626
section.	15627

(4) "Physician" means a person licensed to practice medicine	15628
or surgery or osteopathic medicine and surgery under Chapter 4731.	15629
of the Revised Code.	15630

(5) "Chiropractor" means a person licensed to practice	15631
chiropractic under Chapter 4734. of the Revised Code.	15632

(6) "Advanced practice registered nurse" means a certified	15633
nurse practitioner, clinical nurse specialist, certified	15634
registered nurse anesthetist, or certified nurse-midwife who holds	15635
a certificate of authority issued by the board of nursing under	15636
Chapter 4723. of the Revised Code.	15637

(7) "Physician assistant" means a person who holds a	15638
certificate to practice as a physician assistant issued under	15639
Chapter 4730. of the Revised Code.	15640

(8) "Optometrist" means a person licensed to engage in the	15641
practice of optometry under Chapter 4725. of the Revised Code.	15642

(B) ~~Any~~(1) An organization, or a person with a disability	15643
that limits or impairs the ability to walk ~~may apply to the~~	15644
~~registrar of motor vehicles for a removable windshield placard or,~~	15645
~~if the person owns or leases a motor vehicle, the person~~, may	15646
apply for the registration of any motor vehicle the organization	15647
or person owns or leases. ~~In addition to one or more sets of~~	15648
~~license plates or one placard, a person with a disability that~~	15649
~~limits or impairs the ability to walk is entitled to one~~	15650
~~additional placard, but only if the person applies separately for~~	15651
~~the additional placard, states the reasons why the additional~~	15652
~~placard is needed, and the registrar, in the registrar's~~	15653
~~discretion, determines that good and justifiable cause exists to~~	15654
~~approve the request for the additional placard.~~ When a motor	15655
vehicle has been altered for the purpose of providing it with	15656
special equipment for a person with a disability that limits or	15657
impairs the ability to walk, but is owned or leased by someone	15658
other than such a person, the owner or lessee may apply to the	15659
registrar or a deputy registrar for registration under this	15660
section. The application for registration of a motor vehicle owned	15661
or leased by a person with a disability that limits or impairs the	15662
ability to walk shall be accompanied by a signed statement from	15663
the applicant's health care provider certifying that the applicant	15664
meets at least one of the criteria contained in division (A)(1) of	15665
this section and that the disability is expected to continue for	15666
more than six consecutive months. ~~The application for a removable~~	15667
~~windshield placard made by a person with a disability that limits~~	15668
~~or impairs the ability to walk shall be accompanied by a~~	15669
~~prescription from the applicant's health care provider prescribing~~	15670
~~such a placard for the applicant, provided that the applicant~~	15671
~~meets at least one of the criteria contained in division (A)(1) of~~	15672
~~this section. The health care provider shall state on the~~	15673
~~prescription the length of time the health care provider expects~~	15674
~~the applicant to have the disability that limits or impairs the~~	15675
~~applicant's ability to walk. The application for a removable~~	15676
~~windshield placard made by an organization shall be accompanied by~~	15677
~~such documentary evidence of regular transport of persons with~~	15678
~~disabilities that limit or impair the ability to walk by the~~	15679
~~organization as the registrar may require by rule and shall be~~	15680
~~completed in accordance with procedures that the registrar may~~	15681
~~require by rule.~~ The application for registration of a motor	15682
vehicle that has been altered for the purpose of providing it with	15683
special equipment for a person with a disability that limits or	15684
impairs the ability to walk but is owned by someone other than	15685
such a person shall be accompanied by such documentary evidence of	15686
vehicle alterations as the registrar may require by rule.	15687

~~(C)~~(2) When an organization, a person with a disability that	15688
limits or impairs the ability to walk, or a person who does not	15689
have a disability that limits or impairs the ability to walk but	15690
owns a motor vehicle that has been altered for the purpose of	15691
providing it with special equipment for a person with a disability	15692
that limits or impairs the ability to walk first submits an	15693
application for registration of a motor vehicle under this section	15694
and every fifth year thereafter, the organization or person shall	15695
submit a signed statement from the applicant's health care	15696
provider, a completed application, and any required documentary	15697
evidence of vehicle alterations as provided in division (B)(1) of	15698
this section, and also a power of attorney from the owner of the	15699
motor vehicle if the applicant leases the vehicle. Upon submission	15700
of these items, the registrar or deputy registrar shall issue to	15701
the applicant appropriate vehicle registration and a set of	15702
license plates and validation stickers, or validation stickers	15703
alone when required by section 4503.191 of the Revised Code. In	15704
addition to the letters and numbers ordinarily inscribed thereon,	15705
the license plates shall be imprinted with the international	15706
symbol of access. The license plates and validation stickers shall	15707
be issued upon payment of the regular license fee as prescribed	15708
under section 4503.04 of the Revised Code and any motor vehicle	15709
tax levied under Chapter 4504. of the Revised Code, and the	15710
payment of a service fee equal to the amount specified in division	15711
(D) or (G) of section 4503.10 of the Revised Code.	15712

~~(D)~~(C)(1) A person with a disability that limits or impairs	15713
the ability to walk may apply to the registrar of motor vehicles	15714
for a removable windshield placard by completing and signing an	15715
application provided by the registrar. The person shall include	15716
with the application a prescription from the person's health care	15717
provider prescribing such a placard for the person based upon a	15718
determination that the person meets at least one of the criteria	15719
contained in division (A)(1) of this section. The health care	15720
provider shall state on the prescription the length of time the	15721
health care provider expects the applicant to have the disability	15722
that limits or impairs the person's ability to walk.	15723

In addition to one placard or one or more sets of license	15724
plates, a person with a disability that limits or impairs the	15725
ability to walk is entitled to one additional placard, but only if	15726
the person applies separately for the additional placard, states	15727
the reasons why the additional placard is needed, and the	15728
registrar, in the registrar's discretion determines that good and	15729
justifiable cause exists to approve the request for the additional	15730
placard.	15731

(2) An organization may apply to the registrar of motor	15732
vehicles for a removable windshield placard by completing and	15733
signing an application provided by the registrar. The organization	15734
shall comply with any procedures the registrar establishes by	15735
rule. The organization shall include with the application	15736
documentary evidence that the registrar requires by rule showing	15737
that the organization regularly transports persons with	15738
disabilities that limit or impair the ability to walk.	15739

(3) Upon receipt of a completed and signed application for a	15740
removable windshield placard, ~~a prescription as described in~~	15741
~~division (B) of this section, documentary evidence of regular~~	15742
~~transport of persons with disabilities that limit or impair the~~	15743
~~ability to walk, if required~~the accompanying documents required	15744
under division (C)(1) or (2) of this section, and payment of a	15745
service fee equal to the amount specified in division (D) or (G)	15746
of section 4503.10 of the Revised Code, the registrar or deputy	15747
registrar shall issue to the applicant a removable windshield	15748
placard, which shall bear the date of expiration on both sides of	15749
the placard and shall be valid until expired, revoked, or	15750
surrendered. Every removable windshield placard expires as	15751
described in division ~~(D)(2)~~(C)(4) of this section, but in no case	15752
shall a removable windshield placard be valid for a period of less	15753
than sixty days. Removable windshield placards shall be renewable	15754
upon application as provided in division ~~(B)~~(C)(1) or (2) of this	15755
section, and upon payment of a service fee equal to the amount	15756
specified in division (D) or (G) of section 4503.10 of the Revised	15757
Code ~~shall be charged~~ for the renewal of a removable windshield	15758
placard. The registrar shall provide the application form and	15759
shall determine the information to be included thereon. The	15760
registrar also shall determine the form and size of the removable	15761
windshield placard, the material of which it is to be made, and	15762
any other information to be included thereon, and shall adopt	15763
rules relating to the issuance, expiration, revocation, surrender,	15764
and proper display of such placards. Any placard issued after	15765
October 14, 1999, shall be manufactured in a manner that allows	15766
the expiration date of the placard to be indicated on it through	15767
the punching, drilling, boring, or creation by any other means of	15768
holes in the placard.	15769

~~(2)~~(4) At the time a removable windshield placard is issued	15770
to a person with a disability that limits or impairs the ability	15771
to walk, the registrar or deputy registrar shall enter into the	15772
records of the bureau of motor vehicles the last date on which the	15773
person will have that disability, as indicated on the accompanying	15774
prescription. Not less than thirty days prior to that date and all	15775
removable windshield placard renewal dates, the bureau shall send	15776
a renewal notice to that person at the person's last known address	15777
as shown in the records of the bureau, informing the person that	15778
the person's removable windshield placard will expire on the	15779
indicated date not to exceed five years from the date of issuance,	15780
and that the person is required to renew the placard by submitting	15781
to the registrar or a deputy registrar another prescription, as	15782
described in division ~~(B)~~(C)(1) or (2) of this section, and by	15783
complying with the renewal provisions prescribed in division	15784
~~(D)(1)~~(C)(3) of this section. If such a prescription is not	15785
received by the registrar or a deputy registrar by that date, the	15786
placard issued to that person expires and no longer is valid, and	15787
this fact shall be recorded in the records of the bureau.	15788

~~(3)~~(5) At least once every year, on a date determined by the	15789
registrar, the bureau shall examine the records of the office of	15790
vital statistics, located within the department of health, that	15791
pertain to deceased persons, and also the bureau's records of all	15792
persons who have been issued removable windshield placards and	15793
temporary removable windshield placards. If the records of the	15794
office of vital statistics indicate that a person to whom a	15795
removable windshield placard or temporary removable windshield	15796
placard has been issued is deceased, the bureau shall cancel that	15797
placard, and note the cancellation in its records.	15798

The office of vital statistics shall make available to the	15799
bureau all information necessary to enable the bureau to comply	15800
with division ~~(D)(3)~~(C)(5) of this section.	15801

~~(4)~~(6) Nothing in this section shall be construed to require	15802
a person or organization to apply for a removable windshield	15803
placard or special license plates if the ~~parking card or~~ special	15804
license plates issued to the person or organization under prior	15805
law have not expired or been surrendered or revoked.	15806

~~(E)~~(D)(1)(a) ~~Any~~A person with a disability that limits or	15807
impairs the ability to walk may apply to the registrar or a deputy	15808
registrar for a temporary removable windshield placard. The	15809
application for a temporary removable windshield placard shall be	15810
accompanied by a prescription from the applicant's health care	15811
provider prescribing such a placard for the applicant, provided	15812
that the applicant meets at least one of the criteria contained in	15813
division (A)(1) of this section and that the disability is	15814
expected to continue for six consecutive months or less. The	15815
health care provider shall state on the prescription the length of	15816
time the health care provider expects the applicant to have the	15817
disability that limits or impairs the applicant's ability to walk,	15818
which cannot exceed six months from the date of the prescription.	15819
Upon receipt of an application for a temporary removable	15820
windshield placard, presentation of the prescription from the	15821
applicant's health care provider, and payment of a service fee	15822
equal to the amount specified in division (D) or (G) of section	15823
4503.10 of the Revised Code, the registrar or deputy registrar	15824
shall issue to the applicant a temporary removable windshield	15825
placard.	15826

(b) Any active-duty member of the armed forces of the United	15827
States, including the reserve components of the armed forces and	15828
the national guard, who has an illness or injury that limits or	15829
impairs the ability to walk may apply to the registrar or a deputy	15830
registrar for a temporary removable windshield placard. With the	15831
application, the person shall present evidence of the person's	15832
active-duty status and the illness or injury. Evidence of the	15833
illness or injury may include a current department of defense	15834
convalescent leave statement, any department of defense document	15835
indicating that the person currently has an ill or injured	15836
casualty status or has limited duties, or a prescription from any	15837
health care provider prescribing the placard for the applicant.	15838
Upon receipt of the application and the necessary evidence, the	15839
registrar or deputy registrar shall issue the applicant the	15840
temporary removable windshield placard without the payment of any	15841
service fee.	15842

(2) The temporary removable windshield placard shall be of	15843
the same size and form as the removable windshield placard, shall	15844
be printed in white on a red-colored background, and shall bear	15845
the word "temporary" in letters of such size as the registrar	15846
shall prescribe. A temporary removable windshield placard also	15847
shall bear the date of expiration on the front and back of the	15848
placard, and shall be valid until expired, surrendered, or	15849
revoked, but in no case shall such a placard be valid for a period	15850
of less than sixty days. The registrar shall provide the	15851
application form and shall determine the information to be	15852
included on it, provided that the registrar shall not require a	15853
health care provider's prescription or certification for a person	15854
applying under division ~~(E)~~(D)(1)(b) of this section. The	15855
registrar also shall determine the material of which the temporary	15856
removable windshield placard is to be made and any other	15857
information to be included on the placard and shall adopt rules	15858
relating to the issuance, expiration, surrender, revocation, and	15859
proper display of those placards. Any temporary removable	15860
windshield placard issued after October 14, 1999, shall be	15861
manufactured in a manner that allows for the expiration date of	15862
the placard to be indicated on it through the punching, drilling,	15863
boring, or creation by any other means of holes in the placard.	15864

~~(F)~~(E) If an applicant for a removable windshield placard is	15865
a veteran of the armed forces of the United States whose	15866
disability, as defined in division (A)(1) of this section, is	15867
service-connected, the registrar or deputy registrar, upon receipt	15868
of the application, presentation of a signed statement from the	15869
applicant's health care provider certifying the applicant's	15870
disability, and presentation of such documentary evidence from the	15871
department of veterans affairs that the disability of the	15872
applicant meets at least one of the criteria identified in	15873
division (A)(1) of this section and is service-connected as the	15874
registrar may require by rule, but without the payment of any	15875
service fee, shall issue the applicant a removable windshield	15876
placard that is valid until expired, surrendered, or revoked.	15877

~~(G)~~(F) Upon a conviction of a violation of division (H) or	15878
(I)~~, (J), or (K)~~ of this section, the court shall report the	15879
conviction, and send the placard ~~or parking card~~, if available, to	15880
the registrar, who thereupon shall revoke the privilege of using	15881
the placard ~~or parking card~~ and send notice in writing to the	15882
placardholder ~~or cardholder~~ at that holder's last known address as	15883
shown in the records of the bureau, and the placardholder or	15884
~~cardholder~~ shall return the placard ~~or card~~ if not previously	15885
surrendered to the court, to the registrar within ten days	15886
following mailing of the notice.	15887

Whenever a person to whom a removable windshield placard or	15888
~~parking card~~ has been issued moves to another state, the person	15889
shall surrender the placard ~~or card~~ to the registrar; and whenever	15890
an organization to which a placard ~~or card~~ has been issued changes	15891
its place of operation to another state, the organization shall	15892
surrender the placard ~~or card~~ to the registrar.	15893

~~(H)~~(G) Subject to division (F) of section 4511.69 of the	15894
Revised Code, the operator of a motor vehicle displaying a	15895
removable windshield placard, temporary removable windshield	15896
placard, ~~parking card,~~ or the special license plates authorized	15897
by this section is entitled to park the motor vehicle in any	15898
special parking location reserved for persons with disabilities	15899
that limit or impair the ability to walk, also known as	15900
handicapped parking spaces or disability parking spaces.	15901

~~(I)~~(H) No person or organization that is not eligible for the	15902
issuance of license plates or any placard under ~~division (B) or~~	15903
~~(E) of~~ this section shall willfully and falsely represent that the	15904
person or organization is so eligible.	15905

No person or organization shall display license plates issued	15906
under this section unless the license plates have been issued for	15907
the vehicle on which they are displayed and are valid.	15908

~~(J)~~(I) No person or organization to which a removable	15909
windshield placard or temporary removable windshield placard is	15910
issued shall do either of the following:	15911

(1) Display or permit the display of the placard on any motor	15912
vehicle when having reasonable cause to believe the motor vehicle	15913
is being used in connection with an activity that does not include	15914
providing transportation for persons with disabilities that limit	15915
or impair the ability to walk;	15916

(2) Refuse to return or surrender the placard, when required.

15917

~~(K)(1) No person or organization to which a parking card is~~	15918
~~issued shall do either of the following:~~	15919

~~(a) Display or permit the display of the parking card on any~~	15920
~~motor vehicle when having reasonable cause to believe the motor~~	15921
~~vehicle is being used in connection with an activity that does not~~	15922
~~include providing transportation for a person with a disability;~~	15923

~~(b) Refuse to return or surrender the parking card, when~~	15924
~~required.~~	15925

~~(2) As used in division (K) of this section:~~

15926

~~(a) "Person with a disability" means any person who has lost~~	15927
~~the use of one or both legs or one or both arms, who is blind,~~	15928
~~deaf, or so severely disabled as to be unable to move about~~	15929
~~without the aid of crutches or a wheelchair, or whose mobility is~~	15930
~~restricted by a permanent cardiovascular, pulmonary, or other~~	15931
~~disabling condition.~~	15932

~~(b) "Organization" means any private organization or~~	15933
~~corporation, or any governmental board, agency, department,~~	15934
~~division, or office, that, as part of its business or program,~~	15935
~~transports persons with disabilities on a regular basis in a motor~~	15936
~~vehicle that has not been altered for the purposes of providing it~~	15937
~~with special equipment for use by persons with disabilities.~~	15938

~~(L)~~(J) If a removable windshield placard, temporary removable	15939
windshield placard, or parking card is lost, destroyed, or	15940
mutilated, the placardholder or cardholder may obtain a duplicate	15941
by doing both of the following:	15942

(1) Furnishing suitable proof of the loss, destruction, or	15943
mutilation to the registrar;	15944

(2) Paying a service fee equal to the amount specified in	15945
division (D) or (G) of section 4503.10 of the Revised Code.	15946

Any placardholder or cardholder who loses a placard or card	15947
and, after obtaining a duplicate, finds the original, immediately	15948
shall surrender the original placard or card to the registrar.	15949

~~(M)~~(K)(1) The registrar shall pay all fees received under	15950
this section for the issuance of removable windshield placards or	15951
temporary removable windshield placards or duplicate removable	15952
windshield placards or cards into the state treasury to the credit	15953
of the state bureau of motor vehicles fund created in section	15954
4501.25 of the Revised Code.	15955

~~(N)~~(2) In addition to the fees collected under this section,	15956
the registrar or deputy registrar shall ask each person applying	15957
for a removable windshield placard or temporary removable	15958
windshield placard or duplicate removable windshield placard or	15959
license plate issued under this section, whether the person wishes	15960
to make a two-dollar voluntary contribution to support	15961
rehabilitation employment services. The registrar shall transmit	15962
the contributions received under this division to the treasurer of	15963
state for deposit into the rehabilitation employment fund, which	15964
is hereby created in the state treasury. A deputy registrar shall	15965
transmit the contributions received under this division to the	15966
registrar in the time and manner prescribed by the registrar. The	15967
contributions in the fund shall be used by the opportunities for	15968
Ohioans with disabilities agency to purchase services related to	15969
vocational evaluation, work adjustment, personal adjustment, job	15970
placement, job coaching, and community-based assessment from	15971
accredited community rehabilitation program facilities.	15972

~~(O)~~(L) For purposes of enforcing this section, every peace	15973
officer is deemed to be an agent of the registrar. Any peace	15974
officer or any authorized employee of the bureau of motor vehicles	15975
who, in the performance of duties authorized by law, becomes aware	15976
of a person whose placard or parking card has been revoked	15977
pursuant to this section, may confiscate that placard or parking	15978
card and return it to the registrar. The registrar shall prescribe	15979
any forms used by law enforcement agencies in administering this	15980
section.	15981

No peace officer, law enforcement agency employing a peace	15982
officer, or political subdivision or governmental agency employing	15983
a peace officer, and no employee of the bureau is liable in a	15984
civil action for damages or loss to persons arising out of the	15985
performance of any duty required or authorized by this section. As	15986
used in this division, "peace officer" has the same meaning as in	15987
division (B) of section 2935.01 of the Revised Code.	15988

~~(P)~~(M) All applications for registration of motor vehicles,	15989
removable windshield placards, and temporary removable windshield	15990
placards issued under this section, all renewal notices for such	15991
items, and all other publications issued by the bureau that relate	15992
to this section shall set forth the criminal penalties that may be	15993
imposed upon a person who violates any provision relating to	15994
special license plates issued under this section, the parking of	15995
vehicles displaying such license plates, and the issuance,	15996
procurement, use, and display of removable windshield placards and	15997
temporary removable windshield placards issued under this section.	15998

~~(Q)~~(N) Whoever violates this section is guilty of a	15999
misdemeanor of the fourth degree.	16000

Sec. 4511.191. (A)(1) As used in this section:

16001

(a) "Physical control" has the same meaning as in section	16002
4511.194 of the Revised Code.	16003

(b) "Alcohol monitoring device" means any device that	16004
provides for continuous alcohol monitoring, any ignition interlock	16005
device, any immobilizing or disabling device other than an	16006
ignition interlock device that is constantly available to monitor	16007
the concentration of alcohol in a person's system, or any other	16008
device that provides for the automatic testing and periodic	16009
reporting of alcohol consumption by a person and that a court	16010
orders a person to use as a sanction imposed as a result of the	16011
person's conviction of or plea of guilty to an offense.	16012

(2) Any person who operates a vehicle, streetcar, or	16013
trackless trolley upon a highway or any public or private property	16014
used by the public for vehicular travel or parking within this	16015
state or who is in physical control of a vehicle, streetcar, or	16016
trackless trolley shall be deemed to have given consent to a	16017
chemical test or tests of the person's whole blood, blood serum or	16018
plasma, breath, or urine to determine the alcohol, drug of abuse,	16019
controlled substance, metabolite of a controlled substance, or	16020
combination content of the person's whole blood, blood serum or	16021
plasma, breath, or urine if arrested for a violation of division	16022
(A) or (B) of section 4511.19 of the Revised Code, section	16023
4511.194 of the Revised Code or a substantially equivalent	16024
municipal ordinance, or a municipal OVI ordinance.	16025

(3) The chemical test or tests under division (A)(2) of this	16026
section shall be administered at the request of a law enforcement	16027
officer having reasonable grounds to believe the person was	16028
operating or in physical control of a vehicle, streetcar, or	16029
trackless trolley in violation of a division, section, or	16030
ordinance identified in division (A)(2) of this section. The law	16031
enforcement agency by which the officer is employed shall	16032
designate which of the tests shall be administered.	16033

(4) Any person who is dead or unconscious, or who otherwise	16034
is in a condition rendering the person incapable of refusal, shall	16035
be deemed to have consented as provided in division (A)(2) of this	16036
section, and the test or tests may be administered, subject to	16037
sections 313.12 to 313.16 of the Revised Code.	16038

(5)(a) If a law enforcement officer arrests a person for a	16039
violation of division (A) or (B) of section 4511.19 of the Revised	16040
Code, section 4511.194 of the Revised Code or a substantially	16041
equivalent municipal ordinance, or a municipal OVI ordinance and	16042
if the person if convicted would be required to be sentenced under	16043
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised	16044
Code, the law enforcement officer shall request the person to	16045
submit, and the person shall submit, to a chemical test or tests	16046
of the person's whole blood, blood serum or plasma, breath, or	16047
urine for the purpose of determining the alcohol, drug of abuse,	16048
controlled substance, metabolite of a controlled substance, or	16049
combination content of the person's whole blood, blood serum or	16050
plasma, breath, or urine. A law enforcement officer who makes a	16051
request pursuant to this division that a person submit to a	16052
chemical test or tests is not required to advise the person of the	16053
consequences of submitting to, or refusing to submit to, the test	16054
or tests and is not required to give the person the form described	16055
in division (B) of section 4511.192 of the Revised Code, but the	16056
officer shall advise the person at the time of the arrest that if	16057
the person refuses to take a chemical test the officer may employ	16058
whatever reasonable means are necessary to ensure that the person	16059
submits to a chemical test of the person's whole blood or blood	16060
serum or plasma. The officer shall also advise the person at the	16061
time of the arrest that the person may have an independent	16062
chemical test taken at the person's own expense. Divisions (A)(3)	16063
and (4) of this section apply to the administration of a chemical	16064
test or tests pursuant to this division.	16065

(b) If a person refuses to submit to a chemical test upon a	16066
request made pursuant to division (A)(5)(a) of this section, the	16067
law enforcement officer who made the request may employ whatever	16068
reasonable means are necessary to ensure that the person submits	16069
to a chemical test of the person's whole blood or blood serum or	16070
plasma. A law enforcement officer who acts pursuant to this	16071
division to ensure that a person submits to a chemical test of the	16072
person's whole blood or blood serum or plasma is immune from	16073
criminal and civil liability based upon a claim for assault and	16074
battery or any other claim for the acts, unless the officer so	16075
acted with malicious purpose, in bad faith, or in a wanton or	16076
reckless manner.	16077

(B)(1) Upon receipt of the sworn report of a law enforcement	16078
officer who arrested a person for a violation of division (A) or	16079
(B) of section 4511.19 of the Revised Code, section 4511.194 of	16080
the Revised Code or a substantially equivalent municipal	16081
ordinance, or a municipal OVI ordinance that was completed and	16082
sent to the registrar of motor vehicles and a court pursuant to	16083
section 4511.192 of the Revised Code in regard to a person who	16084
refused to take the designated chemical test, the registrar shall	16085
enter into the registrar's records the fact that the person's	16086
driver's or commercial driver's license or permit or nonresident	16087
operating privilege was suspended by the arresting officer under	16088
this division and that section and the period of the suspension,	16089
as determined under this section. The suspension shall be subject	16090
to appeal as provided in section 4511.197 of the Revised Code. The	16091
suspension shall be for whichever of the following periods	16092
applies:	16093

(a) Except when division (B)(1)(b), (c), or (d) of this	16094
section applies and specifies a different class or length of	16095
suspension, the suspension shall be a class C suspension for the	16096
period of time specified in division (B)(3) of section 4510.02 of	16097
the Revised Code.	16098

(b) If the arrested person, within six years of the date on	16099
which the person refused the request to consent to the chemical	16100
test, had refused one previous request to consent to a chemical	16101
test or had been convicted of or pleaded guilty to one violation	16102
of division (A) or (B) of section 4511.19 of the Revised Code or	16103
one other equivalent offense, the suspension shall be a class B	16104
suspension imposed for the period of time specified in division	16105
(B)(2) of section 4510.02 of the Revised Code.	16106

(c) If the arrested person, within six years of the date on	16107
which the person refused the request to consent to the chemical	16108
test, had refused two previous requests to consent to a chemical	16109
test, had been convicted of or pleaded guilty to two violations of	16110
division (A) or (B) of section 4511.19 of the Revised Code or	16111
other equivalent offenses, or had refused one previous request to	16112
consent to a chemical test and also had been convicted of or	16113
pleaded guilty to one violation of division (A) or (B) of section	16114
4511.19 of the Revised Code or other equivalent offenses, which	16115
violation or offense arose from an incident other than the	16116
incident that led to the refusal, the suspension shall be a class	16117
A suspension imposed for the period of time specified in division	16118
(B)(1) of section 4510.02 of the Revised Code.	16119

(d) If the arrested person, within six years of the date on	16120
which the person refused the request to consent to the chemical	16121
test, had refused three or more previous requests to consent to a	16122
chemical test, had been convicted of or pleaded guilty to three or	16123
more violations of division (A) or (B) of section 4511.19 of the	16124
Revised Code or other equivalent offenses, or had refused a number	16125
of previous requests to consent to a chemical test and also had	16126
been convicted of or pleaded guilty to a number of violations of	16127
division (A) or (B) of section 4511.19 of the Revised Code or	16128
other equivalent offenses that cumulatively total three or more	16129
such refusals, convictions, and guilty pleas, the suspension shall	16130
be for five years.	16131

(2) The registrar shall terminate a suspension of the	16132
driver's or commercial driver's license or permit of a resident or	16133
of the operating privilege of a nonresident, or a denial of a	16134
driver's or commercial driver's license or permit, imposed	16135
pursuant to division (B)(1) of this section upon receipt of notice	16136
that the person has entered a plea of guilty to, or that the	16137
person has been convicted after entering a plea of no contest to,	16138
operating a vehicle in violation of section 4511.19 of the Revised	16139
Code or in violation of a municipal OVI ordinance, if the offense	16140
for which the conviction is had or the plea is entered arose from	16141
the same incident that led to the suspension or denial.	16142

The registrar shall credit against any judicial suspension of	16143
a person's driver's or commercial driver's license or permit or	16144
nonresident operating privilege imposed pursuant to section	16145
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	16146
Revised Code for a violation of a municipal OVI ordinance, any	16147
time during which the person serves a related suspension imposed	16148
pursuant to division (B)(1) of this section.	16149

(C)(1) Upon receipt of the sworn report of the law	16150
enforcement officer who arrested a person for a violation of	16151
division (A) or (B) of section 4511.19 of the Revised Code or a	16152
municipal OVI ordinance that was completed and sent to the	16153
registrar and a court pursuant to section 4511.192 of the Revised	16154
Code in regard to a person whose test results indicate that the	16155
person's whole blood, blood serum or plasma, breath, or urine	16156
contained at least the concentration of alcohol specified in	16157
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	16158
Revised Code or at least the concentration of a listed controlled	16159
substance or a listed metabolite of a controlled substance	16160
specified in division (A)(1)(j) of section 4511.19 of the Revised	16161
Code, the registrar shall enter into the registrar's records the	16162
fact that the person's driver's or commercial driver's license or	16163
permit or nonresident operating privilege was suspended by the	16164
arresting officer under this division and section 4511.192 of the	16165
Revised Code and the period of the suspension, as determined under	16166
divisions (C)(1)(a) to (d) of this section. The suspension shall	16167
be subject to appeal as provided in section 4511.197 of the	16168
Revised Code. The suspension described in this division does not	16169
apply to, and shall not be imposed upon, a person arrested for a	16170
violation of section 4511.194 of the Revised Code or a	16171
substantially equivalent municipal ordinance who submits to a	16172
designated chemical test. The suspension shall be for whichever of	16173
the following periods applies:	16174

(a) Except when division (C)(1)(b), (c), or (d) of this	16175
section applies and specifies a different period, the suspension	16176
shall be a class E suspension imposed for the period of time	16177
specified in division (B)(5) of section 4510.02 of the Revised	16178
Code.	16179

(b) The suspension shall be a class C suspension for the	16180
period of time specified in division (B)(3) of section 4510.02 of	16181
the Revised Code if the person has been convicted of or pleaded	16182
guilty to, within six years of the date the test was conducted,	16183
one violation of division (A) or (B) of section 4511.19 of the	16184
Revised Code or one other equivalent offense.	16185

(c) If, within six years of the date the test was conducted,	16186
the person has been convicted of or pleaded guilty to two	16187
violations of a statute or ordinance described in division	16188
(C)(1)(b) of this section, the suspension shall be a class B	16189
suspension imposed for the period of time specified in division	16190
(B)(2) of section 4510.02 of the Revised Code.	16191

(d) If, within six years of the date the test was conducted,	16192
the person has been convicted of or pleaded guilty to more than	16193
two violations of a statute or ordinance described in division	16194
(C)(1)(b) of this section, the suspension shall be a class A	16195
suspension imposed for the period of time specified in division	16196
(B)(1) of section 4510.02 of the Revised Code.	16197

(2) The registrar shall terminate a suspension of the	16198
driver's or commercial driver's license or permit of a resident or	16199
of the operating privilege of a nonresident, or a denial of a	16200
driver's or commercial driver's license or permit, imposed	16201
pursuant to division (C)(1) of this section upon receipt of notice	16202
that the person has entered a plea of guilty to, or that the	16203
person has been convicted after entering a plea of no contest to,	16204
operating a vehicle in violation of section 4511.19 of the Revised	16205
Code or in violation of a municipal OVI ordinance, if the offense	16206
for which the conviction is had or the plea is entered arose from	16207
the same incident that led to the suspension or denial.	16208

The registrar shall credit against any judicial suspension of	16209
a person's driver's or commercial driver's license or permit or	16210
nonresident operating privilege imposed pursuant to section	16211
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	16212
Revised Code for a violation of a municipal OVI ordinance, any	16213
time during which the person serves a related suspension imposed	16214
pursuant to division (C)(1) of this section.	16215

(D)(1) A suspension of a person's driver's or commercial	16216
driver's license or permit or nonresident operating privilege	16217
under this section for the time described in division (B) or (C)	16218
of this section is effective immediately from the time at which	16219
the arresting officer serves the notice of suspension upon the	16220
arrested person. Any subsequent finding that the person is not	16221
guilty of the charge that resulted in the person being requested	16222
to take the chemical test or tests under division (A) of this	16223
section does not affect the suspension.	16224

(2) If a person is arrested for operating a vehicle,	16225
streetcar, or trackless trolley in violation of division (A) or	16226
(B) of section 4511.19 of the Revised Code or a municipal OVI	16227
ordinance, or for being in physical control of a vehicle,	16228
streetcar, or trackless trolley in violation of section 4511.194	16229
of the Revised Code or a substantially equivalent municipal	16230
ordinance, regardless of whether the person's driver's or	16231
commercial driver's license or permit or nonresident operating	16232
privilege is or is not suspended under division (B) or (C) of this	16233
section or Chapter 4510. of the Revised Code, the person's initial	16234
appearance on the charge resulting from the arrest shall be held	16235
within five days of the person's arrest or the issuance of the	16236
citation to the person, subject to any continuance granted by the	16237
court pursuant to section 4511.197 of the Revised Code regarding	16238
the issues specified in that division.	16239

(E) When it finally has been determined under the procedures	16240
of this section and sections 4511.192 to 4511.197 of the Revised	16241
Code that a nonresident's privilege to operate a vehicle within	16242
this state has been suspended, the registrar shall give	16243
information in writing of the action taken to the motor vehicle	16244
administrator of the state of the person's residence and of any	16245
state in which the person has a license.	16246

(F) At the end of a suspension period under this section,	16247
under section 4511.194, section 4511.196, or division (G) of	16248
section 4511.19 of the Revised Code, or under section 4510.07 of	16249
the Revised Code for a violation of a municipal OVI ordinance and	16250
upon the request of the person whose driver's or commercial	16251
driver's license or permit was suspended and who is not otherwise	16252
subject to suspension, cancellation, or disqualification, the	16253
registrar shall return the driver's or commercial driver's license	16254
or permit to the person upon the occurrence of all of the	16255
conditions specified in divisions (F)(1) and (2) of this section:	16256

(1) A showing that the person has proof of financial	16257
responsibility, a policy of liability insurance in effect that	16258
meets the minimum standards set forth in section 4509.51 of the	16259
Revised Code, or proof, to the satisfaction of the registrar, that	16260
the person is able to respond in damages in an amount at least	16261
equal to the minimum amounts specified in section 4509.51 of the	16262
Revised Code.	16263

(2) Subject to the limitation contained in division (F)(3) of	16264
this section, payment by the person to the registrar or an	16265
eligible deputy registrar of a license reinstatement fee of four	16266
hundred seventy-five dollars, which fee shall be deposited in the	16267
state treasury and credited as follows:	16268

(a) One hundred twelve dollars and fifty cents shall be	16269
credited to the statewide treatment and prevention fund created by	16270
section 4301.30 of the Revised Code. Money credited to the fund	16271
under this section shall be used for purposes identified under	16272
section 5119.22 of the Revised Code.	16273

(b) Seventy-five dollars shall be credited to the reparations	16274
fund created by section 2743.191 of the Revised Code.	16275

(c) Thirty-seven dollars and fifty cents shall be credited to	16276
the indigent drivers alcohol treatment fund, which is hereby	16277
established in the state treasury. ~~Except as otherwise provided in~~	16278
~~division (F)(2)(c) of this section, moneys in the fund shall be~~	16279
~~distributed by the~~The department of mental health and addiction	16280
services shall distribute the moneys in that fund to the county	16281
indigent drivers alcohol treatment funds, the county juvenile	16282
indigent drivers alcohol treatment funds, and the municipal	16283
indigent drivers alcohol treatment funds that are required to be	16284
established by counties and municipal corporations pursuant to	16285
division (H) of this section~~, and shall~~to be used only ~~to pay~~	16286
~~the cost of an alcohol and drug addiction treatment program~~	16287
~~attended by an offender or juvenile traffic offender who is~~	16288
~~ordered to attend an alcohol and drug addiction treatment program~~	16289
~~by a county, juvenile, or municipal court judge and who is~~	16290
~~determined by the county, juvenile, or municipal court judge not~~	16291
~~to have the means to pay for the person's attendance at the~~	16292
~~program or to pay the costs specified in division (H)(4) of this~~	16293
~~section in accordance with that division. In addition, a county,~~	16294
~~juvenile, or municipal court judge may use moneys in the county~~	16295
~~indigent drivers alcohol treatment fund, county juvenile indigent~~	16296
~~drivers alcohol treatment fund, or municipal indigent drivers~~	16297
~~alcohol treatment fund to pay for the cost of the continued use of~~	16298
~~an alcohol monitoring device as described in divisions (H)(3) and~~	16299
~~(4) of this section~~as provided in division (H)(3) of this	16300
section. Moneys in the fund that are not distributed to a county	16301
indigent drivers alcohol treatment fund, a county juvenile	16302
indigent drivers alcohol treatment fund, or a municipal indigent	16303
drivers alcohol treatment fund under division (H) of this section	16304
because the director of mental health and addiction services does	16305
not have the information necessary to identify the county or	16306
municipal corporation where the offender or juvenile offender was	16307
arrested may be transferred by the director of budget and	16308
management to the statewide treatment and prevention fund created	16309
by section 4301.30 of the Revised Code, upon certification of the	16310
amount by the director of mental health and addiction services.	16311

(d) Seventy-five dollars shall be credited to the	16312
opportunities for Ohioans with disabilities agency established by	16313
section 3304.15 of the Revised Code, to the services for	16314
rehabilitation fund, which is hereby established. The fund shall	16315
be used to match available federal matching funds where	16316
appropriate, and for any other purpose or program of the agency to	16317
rehabilitate persons with disabilities to help them become	16318
employed and independent.	16319

(e) Seventy-five dollars shall be deposited into the state	16320
treasury and credited to the drug abuse resistance education	16321
programs fund, which is hereby established, to be used by the	16322
attorney general for the purposes specified in division (F)(4) of	16323
this section.	16324

(f) Thirty dollars shall be credited to the state bureau of	16325
motor vehicles fund created by section 4501.25 of the Revised	16326
Code.	16327

(g) Twenty dollars shall be credited to the trauma and	16328
emergency medical services fund created by section 4513.263 of the	16329
Revised Code.	16330

(h) Fifty dollars shall be credited to the indigent drivers	16331
interlock and alcohol monitoring fund, which is hereby established	16332
in the state treasury. Moneys in the fund shall be distributed by	16333
the department of public safety to the county indigent drivers	16334
interlock and alcohol monitoring funds, the county juvenile	16335
indigent drivers interlock and alcohol monitoring funds, and the	16336
municipal indigent drivers interlock and alcohol monitoring funds	16337
that are required to be established by counties and municipal	16338
corporations pursuant to this section, and shall be used only to	16339
pay the cost of an immobilizing or disabling device, including a	16340
certified ignition interlock device, or an alcohol monitoring	16341
device used by an offender or juvenile offender who is ordered to	16342
use the device by a county, juvenile, or municipal court judge and	16343
who is determined by the county, juvenile, or municipal court	16344
judge not to have the means to pay for the person's use of the	16345
device.	16346

(3) If a person's driver's or commercial driver's license or	16347
permit is suspended under this section, under section 4511.196 or	16348
division (G) of section 4511.19 of the Revised Code, under section	16349
4510.07 of the Revised Code for a violation of a municipal OVI	16350
ordinance or under any combination of the suspensions described in	16351
division (F)(3) of this section, and if the suspensions arise from	16352
a single incident or a single set of facts and circumstances, the	16353
person is liable for payment of, and shall be required to pay to	16354
the registrar or an eligible deputy registrar, only one	16355
reinstatement fee of four hundred seventy-five dollars. The	16356
reinstatement fee shall be distributed by the bureau in accordance	16357
with division (F)(2) of this section.	16358

(4) The attorney general shall use amounts in the drug abuse	16359
resistance education programs fund to award grants to law	16360
enforcement agencies to establish and implement drug abuse	16361
resistance education programs in public schools. Grants awarded to	16362
a law enforcement agency under this section shall be used by the	16363
agency to pay for not more than fifty per cent of the amount of	16364
the salaries of law enforcement officers who conduct drug abuse	16365
resistance education programs in public schools. The attorney	16366
general shall not use more than six per cent of the amounts the	16367
attorney general's office receives under division (F)(2)(e) of	16368
this section to pay the costs it incurs in administering the grant	16369
program established by division (F)(2)(e) of this section and in	16370
providing training and materials relating to drug abuse resistance	16371
education programs.	16372

The attorney general shall report to the governor and the	16373
general assembly each fiscal year on the progress made in	16374
establishing and implementing drug abuse resistance education	16375
programs. These reports shall include an evaluation of the	16376
effectiveness of these programs.	16377

(5) In addition to the reinstatement fee under this section,	16378
if the person pays the reinstatement fee to a deputy registrar,	16379
the deputy registrar shall collect a service fee of ten dollars to	16380
compensate the deputy registrar for services performed under this	16381
section. The deputy registrar shall retain eight dollars of the	16382
service fee and shall transmit the reinstatement fee, plus two	16383
dollars of the service fee, to the registrar in the manner the	16384
registrar shall determine.	16385

(G) Suspension of a commercial driver's license under	16386
division (B) or (C) of this section shall be concurrent with any	16387
period of disqualification under section 3123.611 or 4506.16 of	16388
the Revised Code or any period of suspension under section 3123.58	16389
of the Revised Code. No person who is disqualified for life from	16390
holding a commercial driver's license under section 4506.16 of the	16391
Revised Code shall be issued a driver's license under Chapter	16392
4507. of the Revised Code during the period for which the	16393
commercial driver's license was suspended under division (B) or	16394
(C) of this section. No person whose commercial driver's license	16395
is suspended under division (B) or (C) of this section shall be	16396
issued a driver's license under Chapter 4507. of the Revised Code	16397
during the period of the suspension.	16398

(H)(1) Each county shall establish an indigent drivers	16399
alcohol treatment fund~~, each county shall establish~~and a juvenile	16400
indigent drivers alcohol treatment fund~~, and each~~. Each municipal	16401
corporation in which there is a municipal court shall establish an	16402
indigent drivers alcohol treatment fund. ~~All revenue that the~~	16403
~~general assembly appropriates to the indigent drivers alcohol~~	16404
~~treatment fund for transfer to a county indigent drivers alcohol~~	16405
~~treatment fund, a county juvenile indigent drivers alcohol~~	16406
~~treatment fund, or a municipal indigent drivers alcohol treatment~~	16407
~~fund, all portions of fees that are paid under division (F) of~~	16408
~~this section and that are credited under that division to the~~	16409
~~indigent drivers alcohol treatment fund in the state treasury for~~	16410
~~a county indigent drivers alcohol treatment fund, a county~~	16411
~~juvenile indigent drivers alcohol treatment fund, or a municipal~~	16412
~~indigent drivers alcohol treatment fund, all portions of~~	16413
~~additional costs imposed under section 2949.094 of the Revised~~	16414
~~Code that are specified for deposit into a county, county~~	16415
~~juvenile, or municipal indigent drivers alcohol treatment fund by~~	16416
~~that section, and all portions of fines that are specified for~~	16417
~~deposit into a county or municipal indigent drivers alcohol~~	16418
~~treatment fund by section 4511.193 of the Revised Code shall be~~	16419
~~deposited into that county indigent drivers alcohol treatment~~	16420
~~fund, county juvenile indigent drivers alcohol treatment fund, or~~	16421
~~municipal indigent drivers alcohol treatment fund. The portions of~~	16422
~~the fees paid under division (F) of this section that are to be so~~	16423
~~deposited shall be determined in accordance with division (H)(2)~~	16424
~~of this section. Additionally, all portions of fines that are paid~~	16425
~~for a violation of section 4511.19 of the Revised Code or of any~~	16426
~~prohibition contained in Chapter 4510. of the Revised Code, and~~	16427
~~that are required under section 4511.19 or any provision of~~	16428
~~Chapter 4510. of the Revised Code to be deposited into a county~~	16429
~~indigent drivers alcohol treatment fund or municipal indigent~~	16430
~~drivers alcohol treatment fund shall be deposited into the~~	16431
~~appropriate fund in accordance with the applicable division of the~~	16432
~~section or provision.~~	16433

The treasurer of state or other appropriate official, as	16434
applicable, shall transfer the following into each county indigent	16435
drivers alcohol treatment fund, county juvenile indigent drivers	16436
alcohol treatment fund, or municipal indigent drivers alcohol	16437
treatment fund, as applicable:	16438

(a) All revenue the general assembly appropriates to the	16439
indigent drivers alcohol treatment fund for transfer into such a	16440
fund;	16441

(b) All portions of fees paid under division (F) of this	16442
section that, in accordance with division (H)(2) of this section,	16443
are credited to the indigent drivers alcohol treatment fund for	16444
deposit into such a fund;	16445

(c) All portions of additional costs imposed under section	16446
2949.094 of the Revised Code that are required to be deposited	16447
into such a fund;	16448

(d) All portions of fines that are required to be deposited	16449
into such a fund under section 4511.193 of the Revised Code;	16450

(e) All portions of fines paid under section 4511.19 of the	16451
Revised Code or Chapter 4510. of the Revised Code that are	16452
required to be paid into such a fund.	16453

(2) That portion of the license reinstatement fee that is	16454
paid under division (F) of this section and that is credited under	16455
that division to the indigent drivers alcohol treatment fund shall	16456
be deposited into a county indigent drivers alcohol treatment	16457
fund, a county juvenile indigent drivers alcohol treatment fund,	16458
or a municipal indigent drivers alcohol treatment fund as follows:	16459

(a) Regarding a suspension imposed under this section, that	16460
portion of the fee shall be deposited as follows:	16461

(i) If the fee is paid by a person who was charged in a	16462
county court with the violation that resulted in the suspension or	16463
in the imposition of the court costs, the portion shall be	16464
deposited into the county indigent drivers alcohol treatment fund	16465
under the control of that court;	16466

(ii) If the fee is paid by a person who was charged in a	16467
juvenile court with the violation that resulted in the suspension	16468
or in the imposition of the court costs, the portion shall be	16469
deposited into the county juvenile indigent drivers alcohol	16470
treatment fund established in the county served by the court;	16471

(iii) If the fee is paid by a person who was charged in a	16472
municipal court with the violation that resulted in the suspension	16473
or in the imposition of the court costs, the portion shall be	16474
deposited into the municipal indigent drivers alcohol treatment	16475
fund under the control of that court.	16476

(b) Regarding a suspension imposed under section 4511.19 of	16477
the Revised Code or under section 4510.07 of the Revised Code for	16478
a violation of a municipal OVI ordinance, that portion of the fee	16479
shall be deposited as follows:	16480

(i) If the fee is paid by a person whose license or permit	16481
was suspended by a county court, the portion shall be deposited	16482
into the county indigent drivers alcohol treatment fund under the	16483
control of that court;	16484

(ii) If the fee is paid by a person whose license or permit	16485
was suspended by a municipal court, the portion shall be deposited	16486
into the municipal indigent drivers alcohol treatment fund under	16487
the control of that court.	16488

(3) ~~Expenditures~~(a) As used in division (H)(3) of this	16489
section, "indigent person" means a person who is convicted of a	16490
violation of division (A) of section 4511.19 of the Revised Code	16491
or a substantially similar municipal ordinance or found to be a	16492
juvenile traffic offender by reason of a violation of division (B)	16493
of section 4511.19 of the Revised Code or a substantially similar	16494
municipal ordinance, who is ordered by the court to attend an	16495
alcohol and drug addiction treatment program, and who is	16496
determined by the court under division (H)(5) of this section to	16497
be unable to pay the cost of the assessment or the cost of	16498
attendance at the treatment program.	16499

(b) A county, juvenile, or municipal court judge, by order,	16500
may make expenditures from a county indigent drivers alcohol	16501
treatment fund, a county juvenile indigent drivers alcohol	16502
treatment fund, or a municipal indigent drivers alcohol treatment	16503
fund ~~shall be made only upon the order of a county, juvenile, or~~	16504
~~municipal court judge and only for payment of the cost of an~~	16505
~~assessment or the cost of the attendance at an alcohol and drug~~	16506
~~addiction treatment program of a~~with respect to an indigent	16507
person ~~who is convicted of, or found to be a juvenile traffic~~	16508
~~offender by reason of, a violation of division (A) of section~~	16509
~~4511.19 of the Revised Code or a substantially similar municipal~~	16510
~~ordinance, who is ordered by the court to attend the alcohol and~~	16511
~~drug addiction treatment program, and who is determined by the~~	16512
~~court to be unable to pay the cost of the assessment or the cost~~	16513
~~of attendance at the treatment program or for payment of the costs~~	16514
~~specified in division (H)(4) of this section in accordance with~~	16515
~~that division. The~~for any of the following:	16516

(i) To pay the cost of an assessment that is conducted by an	16517
appropriately licensed clinician at either a driver intervention	16518
program that is certified under section 5119.38 of the Revised	16519
Code or at a community addiction services provider that is	16520
certified under section 5119.36 of the Revised Code;	16521

(ii) To pay the cost of alcohol addiction services, drug	16522
addiction services, or integrated alcohol and drug addiction	16523
services at a community addiction services provider that is	16524
certified under section 5119.36 of the Revised Code;	16525

(iii) To pay the cost of transportation to attend an	16526
assessment as provided under division (H)(3)(b)(i) of this section	16527
or addiction services as provided under division (H)(3)(b)(ii) of	16528
this section.	16529

The alcohol and drug addiction services board or the board of	16530
alcohol, drug addiction, and mental health services established	16531
pursuant to section 340.02 or 340.021 of the Revised Code and	16532
serving the alcohol, drug addiction, and mental health service	16533
district in which the court is located shall administer the	16534
indigent drivers alcohol treatment program of the court. When a	16535
court orders an offender or juvenile traffic offender to obtain an	16536
assessment or attend an alcohol and drug addiction treatment	16537
program, the board shall determine which program is suitable to	16538
meet the needs of the offender or juvenile traffic offender, and	16539
when a suitable program is located and space is available at the	16540
program, the offender or juvenile traffic offender shall attend	16541
the program designated by the board. A reasonable amount not to	16542
exceed five per cent of the amounts credited to and deposited into	16543
the county indigent drivers alcohol treatment fund, the county	16544
juvenile indigent drivers alcohol treatment fund, or the municipal	16545
indigent drivers alcohol treatment fund serving every court whose	16546
program is administered by that board shall be paid to the board	16547
to cover the costs it incurs in administering those indigent	16548
drivers alcohol treatment programs.	16549

~~In addition, upon~~(c) Upon exhaustion of moneys in the	16550
indigent drivers interlock and alcohol monitoring fund for the use	16551
of an alcohol monitoring device, a county, juvenile, or municipal	16552
court judge may use moneys in the county indigent drivers alcohol	16553
treatment fund, county juvenile indigent drivers alcohol treatment	16554
fund, or municipal indigent drivers alcohol treatment fund in	16555
either of the following manners:	16556

~~(a)~~(i) If the source of the moneys was an appropriation of	16557
the general assembly, a portion of a fee that was paid under	16558
division (F) of this section, a portion of a fine that was	16559
specified for deposit into the fund by section 4511.193 of the	16560
Revised Code, or a portion of a fine that was paid for a violation	16561
of section 4511.19 of the Revised Code or of a provision contained	16562
in Chapter 4510. of the Revised Code that was required to be	16563
deposited into the fund, to pay for the continued use of an	16564
alcohol monitoring device by an offender or juvenile traffic	16565
offender, in conjunction with a treatment program approved by the	16566
department of mental health and addiction services, when such use	16567
is determined clinically necessary by the treatment program and	16568
when the court determines that the offender or juvenile traffic	16569
offender is unable to pay all or part of the daily monitoring or	16570
cost of the device;	16571

~~(b)~~(ii) If the source of the moneys was a portion of an	16572
additional court cost imposed under section 2949.094 of the	16573
Revised Code, to pay for the continued use of an alcohol	16574
monitoring device by an offender or juvenile traffic offender when	16575
the court determines that the offender or juvenile traffic	16576
offender is unable to pay all or part of the daily monitoring or	16577
cost of the device. The moneys may be used for a device as	16578
described in this division if the use of the device is in	16579
conjunction with a treatment program approved by the department of	16580
mental health and addiction services, when the use of the device	16581
is determined clinically necessary by the treatment program, but	16582
the use of a device is not required to be in conjunction with a	16583
treatment program approved by the department in order for the	16584
moneys to be used for the device as described in this division.	16585

(4) If a county, juvenile, or municipal court determines, in	16586
consultation with the alcohol and drug addiction services board or	16587
the board of alcohol, drug addiction, and mental health services	16588
established pursuant to section 340.02 or 340.021 of the Revised	16589
Code and serving the alcohol, drug addiction, and mental health	16590
district in which the court is located, that the funds in the	16591
county indigent drivers alcohol treatment fund, the county	16592
juvenile indigent drivers alcohol treatment fund, or the municipal	16593
indigent drivers alcohol treatment fund under the control of the	16594
court are more than sufficient to satisfy the purpose for which	16595
the fund was established, as specified in divisions (H)(1) to (3)	16596
of this section, the court may declare a surplus in the fund. If	16597
the court declares a surplus in the fund, the court may ~~expend~~	16598
take any of the following actions with regard to the amount of the	16599
surplus in the fund ~~for~~:	16600

(a) ~~Alcohol~~Expend any of the surplus amount for alcohol and	16601
drug abuse assessment and treatment, and for the cost of	16602
transportation related to assessment and treatment, of persons who	16603
are charged in the court with committing a criminal offense or	16604
with being a delinquent child or juvenile traffic offender and in	16605
relation to whom both of the following apply:	16606

(i) The court determines that substance abuse was a	16607
contributing factor leading to the criminal or delinquent activity	16608
or the juvenile traffic offense with which the person is charged.	16609

(ii) The court determines that the person is unable to pay	16610
the cost of the alcohol and drug abuse assessment and treatment	16611
for which the surplus money will be used.	16612

(b) ~~All~~Expend any of the surplus amount to pay all or part	16613
of the cost of purchasing alcohol monitoring devices to be used in	16614
conjunction with division (H)(3)(c) of this section, upon	16615
exhaustion of moneys in the indigent drivers interlock and alcohol	16616
monitoring fund for the use of an alcohol monitoring device.	16617

(c) Transfer to another court in the same county any of the	16618
surplus amount to be utilized in a manner consistent with division	16619
(H)(3) of this section. If surplus funds are transferred to	16620
another court, the court that transfers the funds shall notify the	16621
alcohol and drug addiction services board or the board of alcohol,	16622
drug addiction, and mental health services that serves the	16623
alcohol, drug addiction, and mental health service district in	16624
which that court is located.	16625

(d) Transfer to the alcohol and drug addiction services board	16626
or the board of alcohol, drug addiction, and mental health	16627
services that serves the alcohol, drug addiction, and mental	16628
health service district in which the court is located any of the	16629
surplus amount to be utilized in a manner consistent with division	16630
(H)(3) of this section or for board contracted recovery support	16631
services.	16632

(5) ~~For the purpose of determining as described in division~~	16633
~~(F)(2)(c) of this section whether~~In order to determine if an	16634
offender does not have the means to pay for the offender's	16635
attendance at an alcohol and drug addiction treatment program for	16636
purposes of division (H)(3) of this section or ~~whether~~if an	16637
alleged offender or delinquent child is unable to pay the costs	16638
specified in division (H)(4) of this section, the court shall use	16639
the indigent client eligibility guidelines and the standards of	16640
indigency established by the state public defender to make the	16641
determination.	16642

(6) The court shall identify and refer any community	16643
addiction services provider that is not certified under section	16644
5119.36 of the Revised Code and that is interested in receiving	16645
amounts from the surplus in the fund declared under division	16646
(H)(4) of this section to the department of mental health and	16647
addiction services in order for the services provider to become a	16648
certified community addiction services provider. The department	16649
shall keep a record of applicant referrals received pursuant to	16650
this division and shall submit a report on the referrals each year	16651
to the general assembly. If a services provider interested in	16652
becoming certified makes an application to become certified	16653
pursuant to section 5119.36 of the Revised Code, the services	16654
provider is eligible to receive surplus funds as long as the	16655
application is pending with the department. The department of	16656
mental health and addiction services must offer technical	16657
assistance to the applicant. If the interested services provider	16658
withdraws the certification application, the department must	16659
notify the court, and the court shall not provide the interested	16660
services provider with any further surplus funds.	16661

(7)(a) Each alcohol and drug addiction services board and	16662
board of alcohol, drug addiction, and mental health services	16663
established pursuant to section 340.02 or 340.021 of the Revised	16664
Code shall submit to the department of mental health and addiction	16665
services an annual report for each indigent drivers alcohol	16666
treatment fund in that board's area.	16667

(b) The report, which shall be submitted not later than sixty	16668
days after the end of the state fiscal year, shall provide the	16669
total payment that was made from the fund, including the number of	16670
indigent consumers that received treatment services and the number	16671
of indigent consumers that received an alcohol monitoring device.	16672
The report shall identify the treatment program and expenditure	16673
for an alcohol monitoring device for which that payment was made.	16674
The report shall include the fiscal year balance of each indigent	16675
drivers alcohol treatment fund located in that board's area. In	16676
the event that a surplus is declared in the fund pursuant to	16677
division (H)(4) of this section, the report also shall provide the	16678
total payment that was made from the surplus moneys and identify	16679
the ~~treatment program and expenditure for an alcohol monitoring~~	16680
~~device~~authorized purpose for which that payment was made.	16681

(c) If a board is unable to obtain adequate information to	16682
develop the report to submit to the department for a particular	16683
indigent drivers alcohol treatment fund, the board shall submit a	16684
report detailing the effort made in obtaining the information.	16685

(I)(1) Each county shall establish an indigent drivers	16686
interlock and alcohol monitoring fund and a juvenile indigent	16687
drivers interlock and alcohol treatment fund~~, and each~~. Each	16688
municipal corporation in which there is a municipal court shall	16689
establish an indigent drivers interlock and alcohol monitoring	16690
fund. ~~All revenue that the general assembly appropriates to the~~	16691
~~indigent drivers interlock and alcohol monitoring fund for~~	16692
~~transfer to a county indigent drivers interlock and alcohol~~	16693
~~monitoring fund, a county juvenile indigent drivers interlock and~~	16694
~~alcohol monitoring fund, or a municipal indigent drivers interlock~~	16695
~~and alcohol monitoring fund, all portions of license reinstatement~~	16696
~~fees that are paid under division (F)(2) of this section and that~~	16697
~~are credited under that division to the indigent drivers interlock~~	16698
~~and alcohol monitoring fund in the state treasury, and all~~	16699
~~portions of fines that are paid under division (G) of section~~	16700
~~4511.19 of the Revised Code and that are credited by division~~	16701
~~(G)(5)(e) of that section to the indigent drivers interlock and~~	16702
~~alcohol monitoring fund in the state treasury shall be deposited~~	16703
~~in the appropriate fund in accordance with division (I)(2) of this~~	16704
~~section.~~	16705

The treasurer of state shall transfer the following into each	16706
county indigent drivers interlock and alcohol monitoring fund,	16707
county juvenile indigent drivers interlock and alcohol monitoring	16708
fund, or municipal indigent drivers interlock and alcohol	16709
monitoring fund, as applicable:	16710

(a) All revenue the general assembly appropriates to the	16711
indigent drivers interlock and alcohol monitoring fund for	16712
transfer into such a fund;	16713

(b) All portions of license reinstatement fees paid under	16714
division (F)(2) of this section that, in accordance with division	16715
(I)(2) of this section, are credited to the indigent drivers	16716
interlock and alcohol monitoring fund for deposit into a such	16717
fund;	16718

(c) All portions of fines that are paid under division (G) of	16719
section 4511.19 of the Revised Code and are credited by division	16720
(G)(5)(e) of that section to the indigent drivers interlock and	16721
alcohol monitoring fund for deposit into such a fund in accordance	16722
with division (I)(2) of this section.	16723

(2) That portion of the license reinstatement fee that is	16724
paid under division (F) of this section and that portion of the	16725
fine paid under division (G) of section 4511.19 of the Revised	16726
Code and that is credited under either division to the indigent	16727
drivers interlock and alcohol monitoring fund shall be deposited	16728
into a county indigent drivers interlock and alcohol monitoring	16729
fund, a county juvenile indigent drivers interlock and alcohol	16730
monitoring fund, or a municipal indigent drivers interlock and	16731
alcohol monitoring fund as follows:	16732

(a) If the fee or fine is paid by a person who was charged in	16733
a county court with the violation that resulted in the suspension	16734
or fine, the portion shall be deposited into the county indigent	16735
drivers interlock and alcohol monitoring fund under the control of	16736
that court.	16737

(b) If the fee or fine is paid by a person who was charged in	16738
a juvenile court with the violation that resulted in the	16739
suspension or fine, the portion shall be deposited into the county	16740
juvenile indigent drivers interlock and alcohol monitoring fund	16741
established in the county served by the court.	16742

(c) If the fee or fine is paid by a person who was charged in	16743
a municipal court with the violation that resulted in the	16744
suspension, the portion shall be deposited into the municipal	16745
indigent drivers interlock and alcohol monitoring fund under the	16746
control of that court.	16747

(3) If a county, juvenile, or municipal court determines that	16748
the funds in the county indigent drivers interlock and alcohol	16749
monitoring fund, the county juvenile indigent drivers interlock	16750
and alcohol monitoring fund, or the municipal indigent drivers	16751
interlock and alcohol monitoring fund under the control of that	16752
court are more than sufficient to satisfy the purpose for which	16753
the fund was established as specified in division (F)(2)(h) of	16754
this section, the court may declare a surplus in the fund. The	16755
court then may order the transfer of a specified amount into the	16756
county indigent drivers alcohol treatment fund, the county	16757
juvenile indigent drivers alcohol treatment fund, or the municipal	16758
indigent drivers alcohol treatment fund under the control of that	16759
court to be utilized in accordance with division (H) of this	16760
section.	16761

Sec. 4715.14. (A)(1) Each person who is licensed to practice	16762
dentistry in Ohio shall, on or before the first day of January of	16763
each even-numbered year, register with the state dental board. The	16764
registration shall be made on a form prescribed by the board and	16765
furnished by the secretary, shall include the licensee's name,	16766
address, license number, and such other reasonable information as	16767
the board may consider necessary, and shall include payment of a	16768
biennial registration fee of two hundred forty-five dollars.	16769
Except as provided in division (E) of this section, this fee shall	16770
be paid to the treasurer of state. Subject to division (C) of this	16771
section, a registration shall be in effect for the two-year period	16772
beginning on the first day of January of the even-numbered year	16773
and ending on the last day of December of the following	16774
odd-numbered year, and shall be renewed in accordance with the	16775
standard renewal procedure of sections 4745.01 to 4745.03 of the	16776
Revised Code.	16777

(2)(a) Except as provided in division (A)(2)(b) of this	16778
section, in the case of a licensee seeking registration who	16779
prescribes or personally furnishes opioid analgesics or	16780
benzodiazepines, the licensee shall certify to the board whether	16781
the licensee has been granted access to the drug database	16782
established and maintained by the state board of pharmacy pursuant	16783
to section 4729.75 of the Revised Code.	16784

(b) The requirement in division (A)(2)(a) of this section	16785
does not apply if either of the following is the case:	16786

(i) The state board of pharmacy notifies the state dental	16787
board pursuant to section 4729.861 of the Revised Code that the	16788
licensee has been restricted from obtaining further information	16789
from the drug database.	16790

(ii) The state board of pharmacy no longer maintains the drug	16791
database.	16792

(3) If a licensee certifies to the state dental board that	16793
the licensee has been granted access to the drug database and the	16794
board finds through an audit or other means that the licensee has	16795
not been granted access, the board may take action under section	16796
4715.30 of the Revised Code.	16797

(B) A licensed dentist who desires to temporarily retire from	16798
practice and who has given the board notice in writing to that	16799
effect shall be granted such a retirement, provided only that at	16800
that time all previous registration fees and additional costs of	16801
reinstatement have been paid.	16802

(C) Not later than the thirty-first day of January of an	16803
even-numbered year, the board shall send a notice by certified	16804
mail to a dentist who fails to renew a license in accordance with	16805
division (A) of this section. The notice shall state all of the	16806
following:	16807

(1) That the board has not received the registration form and	16808
fee described in that division;	16809

(2) That the license shall remain valid and in good standing	16810
until the first day of April following the last day of December of	16811
the odd-numbered year in which the dentist was scheduled to renew	16812
if the dentist remains in compliance with all other applicable	16813
provisions of this chapter and any rule adopted under it;	16814

(3) That the license may be renewed until the first day of	16815
April following the last day of December of the odd-numbered year	16816
in which the dentist was scheduled to renew by the payment of the	16817
biennial registration fee and an additional fee of one hundred	16818
dollars to cover the cost of late renewal;	16819

(4) That unless the board receives the registration form and	16820
fee before the first day of April following the last day of	16821
December of the odd-numbered year in which the dentist was	16822
scheduled to renew, the board may, on or after the relevant first	16823
day of April, initiate disciplinary action against the dentist	16824
pursuant to Chapter 119. of the Revised Code;	16825

(5) That a dentist whose license has been suspended as a	16826
result of disciplinary action initiated pursuant to division	16827
(C)(4) of this section may be reinstated by the payment of the	16828
biennial registration fee and an additional fee of three hundred	16829
dollars to cover the cost of reinstatement.	16830

(D) Each dentist licensed to practice, whether a resident or	16831
not, shall notify the secretary in writing or electronically of	16832
any change in the dentist's office address or employment within	16833
ten days after such change has taken place. On the first day of	16834
July of every even-numbered year, the secretary shall issue a	16835
printed roster of the names and addresses so registered.	16836

(E) Twenty dollars of each biennial registration fee shall be	16837
paid to the dentist loan repayment fund created under section	16838
3702.95 of the Revised Code.	16839

Sec. 4715.15. When a dentist orders a test for the presence	16840
of Lyme disease in a patient, the dentist or dentist's delegate	16841
shall provide to the patient or patient's representative a written	16842
notice with the following information:	16843

"Your health care provider has ordered a test for the	16844
presence of Lyme disease. Current testing for Lyme disease can be	16845
problematic and may lead to false results. If you are tested for	16846
Lyme disease and the results are positive, this does not	16847
necessarily mean that you have contracted Lyme disease. In the	16848
alternative, if the results are negative, this does not	16849
necessarily mean that you have not contracted Lyme disease. If you	16850
continue to experience symptoms or have other health concerns, you	16851
should contact your health care provider and inquire about the	16852
appropriateness of additional testing or treatment."	16853

The dentist or dentist's delegate shall obtain a signature	16854
from the patient or patient's representative indicating receipt of	16855
the notice. The document containing the signature shall be kept in	16856
the patient's record.	16857

Sec. 4715.30. (A) An applicant for or holder of a	16858
certificate or license issued under this chapter is subject to	16859
disciplinary action by the state dental board for any of the	16860
following reasons:	16861

(1) Employing or cooperating in fraud or material deception	16862
in applying for or obtaining a license or certificate;	16863

(2) Obtaining or attempting to obtain money or anything of	16864
value by intentional misrepresentation or material deception in	16865
the course of practice;	16866

(3) Advertising services in a false or misleading manner or	16867
violating the board's rules governing time, place, and manner of	16868
advertising;	16869

(4) Commission of an act that constitutes a felony in this	16870
state, regardless of the jurisdiction in which the act was	16871
committed;	16872

(5) Commission of an act in the course of practice that	16873
constitutes a misdemeanor in this state, regardless of the	16874
jurisdiction in which the act was committed;	16875

(6) Conviction of, a plea of guilty to, a judicial finding of	16876
guilt of, a judicial finding of guilt resulting from a plea of no	16877
contest to, or a judicial finding of eligibility for intervention	16878
in lieu of conviction for, any felony or of a misdemeanor	16879
committed in the course of practice;	16880

(7) Engaging in lewd or immoral conduct in connection with	16881
the provision of dental services;	16882

(8) Selling, prescribing, giving away, or administering drugs	16883
for other than legal and legitimate therapeutic purposes, or	16884
conviction of, a plea of guilty to, a judicial finding of guilt	16885
of, a judicial finding of guilt resulting from a plea of no	16886
contest to, or a judicial finding of eligibility for intervention	16887
in lieu of conviction for, a violation of any federal or state law	16888
regulating the possession, distribution, or use of any drug;	16889

(9) Providing or allowing dental hygienists, expanded	16890
function dental auxiliaries, or other practitioners of auxiliary	16891
dental occupations working under the certificate or license	16892
holder's supervision, or a dentist holding a temporary limited	16893
continuing education license under division (C) of section 4715.16	16894
of the Revised Code working under the certificate or license	16895
holder's direct supervision, to provide dental care that departs	16896
from or fails to conform to accepted standards for the profession,	16897
whether or not injury to a patient results;	16898

(10) Inability to practice under accepted standards of the	16899
profession because of physical or mental disability, dependence on	16900
alcohol or other drugs, or excessive use of alcohol or other	16901
drugs;	16902

(11) Violation of any provision of this chapter or any rule	16903
adopted thereunder;	16904

(12) Failure to use universal blood and body fluid	16905
precautions established by rules adopted under section 4715.03 of	16906
the Revised Code;	16907

(13) Except as provided in division (H) of this section,	16908
either of the following:	16909

(a) Waiving the payment of all or any part of a deductible or	16910
copayment that a patient, pursuant to a health insurance or health	16911
care policy, contract, or plan that covers dental services, would	16912
otherwise be required to pay if the waiver is used as an	16913
enticement to a patient or group of patients to receive health	16914
care services from that certificate or license holder;	16915

(b) Advertising that the certificate or license holder will	16916
waive the payment of all or any part of a deductible or copayment	16917
that a patient, pursuant to a health insurance or health care	16918
policy, contract, or plan that covers dental services, would	16919
otherwise be required to pay.	16920

(14) Failure to comply with section 4715.302 or 4729.79 of	16921
the Revised Code, unless the state board of pharmacy no longer	16922
maintains a drug database pursuant to section 4729.75 of the	16923
Revised Code;	16924

(15) Any of the following actions taken by an agency	16925
responsible for authorizing, certifying, or regulating an	16926
individual to practice a health care occupation or provide health	16927
care services in this state or another jurisdiction, for any	16928
reason other than the nonpayment of fees: the limitation,	16929
revocation, or suspension of an individual's license to practice;	16930
acceptance of an individual's license surrender; denial of a	16931
license; refusal to renew or reinstate a license; imposition of	16932
probation; or issuance of an order of censure or other reprimand;	16933

(16) Failure to cooperate in an investigation conducted by	16934
the board under division (D) of section 4715.03 of the Revised	16935
Code, including failure to comply with a subpoena or order issued	16936
by the board or failure to answer truthfully a question presented	16937
by the board at a deposition or in written interrogatories, except	16938
that failure to cooperate with an investigation shall not	16939
constitute grounds for discipline under this section if a court of	16940
competent jurisdiction has issued an order that either quashes a	16941
subpoena or permits the individual to withhold the testimony or	16942
evidence in issue.	16943

(B) A manager, proprietor, operator, or conductor of a dental	16944
facility shall be subject to disciplinary action if any dentist,	16945
dental hygienist, expanded function dental auxiliary, or qualified	16946
personnel providing services in the facility is found to have	16947
committed a violation listed in division (A) of this section and	16948
the manager, proprietor, operator, or conductor knew of the	16949
violation and permitted it to occur on a recurring basis.	16950

(C) Subject to Chapter 119. of the Revised Code, the board	16951
may take one or more of the following disciplinary actions if one	16952
or more of the grounds for discipline listed in divisions (A) and	16953
(B) of this section exist:	16954

(1) Censure the license or certificate holder;

16955

(2) Place the license or certificate on probationary status	16956
for such period of time the board determines necessary and require	16957
the holder to:	16958

(a) Report regularly to the board upon the matters which are	16959
the basis of probation;	16960

(b) Limit practice to those areas specified by the board;

16961

(c) Continue or renew professional education until a	16962
satisfactory degree of knowledge or clinical competency has been	16963
attained in specified areas.	16964

(3) Suspend the certificate or license;

16965

(4) Revoke the certificate or license.

16966

Where the board places a holder of a license or certificate	16967
on probationary status pursuant to division (C)(2) of this	16968
section, the board may subsequently suspend or revoke the license	16969
or certificate if it determines that the holder has not met the	16970
requirements of the probation or continues to engage in activities	16971
that constitute grounds for discipline pursuant to division (A) or	16972
(B) of this section.	16973

Any order suspending a license or certificate shall state the	16974
conditions under which the license or certificate will be	16975
restored, which may include a conditional restoration during which	16976
time the holder is in a probationary status pursuant to division	16977
(C)(2) of this section. The board shall restore the license or	16978
certificate unconditionally when such conditions are met.	16979

(D) If the physical or mental condition of an applicant or a	16980
license or certificate holder is at issue in a disciplinary	16981
proceeding, the board may order the license or certificate holder	16982
to submit to reasonable examinations by an individual designated	16983
or approved by the board and at the board's expense. The physical	16984
examination may be conducted by any individual authorized by the	16985
Revised Code to do so, including a physician assistant, a clinical	16986
nurse specialist, a certified nurse practitioner, or a certified	16987
nurse-midwife. Any written documentation of the physical	16988
examination shall be completed by the individual who conducted the	16989
examination.	16990

Failure to comply with an order for an examination shall be	16991
grounds for refusal of a license or certificate or summary	16992
suspension of a license or certificate under division (E) of this	16993
section.	16994

(E) If a license or certificate holder has failed to comply	16995
with an order under division (D) of this section, the board may	16996
apply to the court of common pleas of the county in which the	16997
holder resides for an order temporarily suspending the holder's	16998
license or certificate, without a prior hearing being afforded by	16999
the board, until the board conducts an adjudication hearing	17000
pursuant to Chapter 119. of the Revised Code. If the court	17001
temporarily suspends a holder's license or certificate, the board	17002
shall give written notice of the suspension personally or by	17003
certified mail to the license or certificate holder. Such notice	17004
shall inform the license or certificate holder of the right to a	17005
hearing pursuant to Chapter 119. of the Revised Code.	17006

(F) Any holder of a certificate or license issued under this	17007
chapter who has pleaded guilty to, has been convicted of, or has	17008
had a judicial finding of eligibility for intervention in lieu of	17009
conviction entered against the holder in this state for aggravated	17010
murder, murder, voluntary manslaughter, felonious assault,	17011
kidnapping, rape, sexual battery, gross sexual imposition,	17012
aggravated arson, aggravated robbery, or aggravated burglary, or	17013
who has pleaded guilty to, has been convicted of, or has had a	17014
judicial finding of eligibility for treatment or intervention in	17015
lieu of conviction entered against the holder in another	17016
jurisdiction for any substantially equivalent criminal offense, is	17017
automatically suspended from practice under this chapter in this	17018
state and any certificate or license issued to the holder under	17019
this chapter is automatically suspended, as of the date of the	17020
guilty plea, conviction, or judicial finding, whether the	17021
proceedings are brought in this state or another jurisdiction.	17022
Continued practice by an individual after the suspension of the	17023
individual's certificate or license under this division shall be	17024
considered practicing without a certificate or license. The board	17025
shall notify the suspended individual of the suspension of the	17026
individual's certificate or license under this division by	17027
certified mail or in person in accordance with section 119.07 of	17028
the Revised Code. If an individual whose certificate or license is	17029
suspended under this division fails to make a timely request for	17030
an adjudicatory hearing, the board shall enter a final order	17031
revoking the individual's certificate or license.	17032

(G) If the supervisory investigative panel determines both of	17033
the following, the panel may recommend that the board suspend an	17034
individual's certificate or license without a prior hearing:	17035

(1) That there is clear and convincing evidence that an	17036
individual has violated division (A) of this section;	17037

(2) That the individual's continued practice presents a	17038
danger of immediate and serious harm to the public.	17039

Written allegations shall be prepared for consideration by	17040
the board. The board, upon review of those allegations and by an	17041
affirmative vote of not fewer than four dentist members of the	17042
board and seven of its members in total, excluding any member on	17043
the supervisory investigative panel, may suspend a certificate or	17044
license without a prior hearing. A telephone conference call may	17045
be utilized for reviewing the allegations and taking the vote on	17046
the summary suspension.	17047

The board shall issue a written order of suspension by	17048
certified mail or in person in accordance with section 119.07 of	17049
the Revised Code. The order shall not be subject to suspension by	17050
the court during pendency or any appeal filed under section 119.12	17051
of the Revised Code. If the individual subject to the summary	17052
suspension requests an adjudicatory hearing by the board, the date	17053
set for the hearing shall be within fifteen days, but not earlier	17054
than seven days, after the individual requests the hearing, unless	17055
otherwise agreed to by both the board and the individual.	17056

Any summary suspension imposed under this division shall	17057
remain in effect, unless reversed on appeal, until a final	17058
adjudicative order issued by the board pursuant to this section	17059
and Chapter 119. of the Revised Code becomes effective. The board	17060
shall issue its final adjudicative order within seventy-five days	17061
after completion of its hearing. A failure to issue the order	17062
within seventy-five days shall result in dissolution of the	17063
summary suspension order but shall not invalidate any subsequent,	17064
final adjudicative order.	17065

(H) Sanctions shall not be imposed under division (A)(13) of	17066
this section against any certificate or license holder who waives	17067
deductibles and copayments as follows:	17068

(1) In compliance with the health benefit plan that expressly	17069
allows such a practice. Waiver of the deductibles or copayments	17070
shall be made only with the full knowledge and consent of the plan	17071
purchaser, payer, and third-party administrator. Documentation of	17072
the consent shall be made available to the board upon request.	17073

(2) For professional services rendered to any other person	17074
who holds a certificate or license issued pursuant to this chapter	17075
to the extent allowed by this chapter and the rules of the board.	17076

(I) In no event shall the board consider or raise during a	17077
hearing required by Chapter 119. of the Revised Code the	17078
circumstances of, or the fact that the board has received, one or	17079
more complaints about a person unless the one or more complaints	17080
are the subject of the hearing or resulted in the board taking an	17081
action authorized by this section against the person on a prior	17082
occasion.	17083

(J) The board may share any information it receives pursuant	17084
to an investigation under division (D) of section 4715.03 of the	17085
Revised Code, including patient records and patient record	17086
information, with law enforcement agencies, other licensing	17087
boards, and other governmental agencies that are prosecuting,	17088
adjudicating, or investigating alleged violations of statutes or	17089
administrative rules. An agency or board that receives the	17090
information shall comply with the same requirements regarding	17091
confidentiality as those with which the state dental board must	17092
comply, notwithstanding any conflicting provision of the Revised	17093
Code or procedure of the agency or board that applies when it is	17094
dealing with other information in its possession. In a judicial	17095
proceeding, the information may be admitted into evidence only in	17096
accordance with the Rules of Evidence, but the court shall require	17097
that appropriate measures are taken to ensure that confidentiality	17098
is maintained with respect to any part of the information that	17099
contains names or other identifying information about patients or	17100
complainants whose confidentiality was protected by the state	17101
dental board when the information was in the board's possession.	17102
Measures to ensure confidentiality that may be taken by the court	17103
include sealing its records or deleting specific information from	17104
its records.	17105

Sec. 4715.302. (A) As used in this section, "drug database"	17106
means the database established and maintained by the state board	17107
of pharmacy pursuant to section 4729.75 of the Revised Code.	17108

(B) ~~The~~Except as provided in divisions (C) and (E) of this	17109
section, a dentist shall comply with all of the following as	17110
conditions of prescribing a drug that is either an opioid	17111
analgesic or a benzodiazepine, or personally furnishing a complete	17112
or partial supply of such a drug, as part of a patient's course of	17113
treatment for a particular condition:	17114

(1) Before initially prescribing or furnishing the drug, the	17115
dentist or the dentist's delegate shall request from the drug	17116
database a report of information related to the patient that	17117
covers at least the twelve months immediately preceding the date	17118
of the request. If the dentist practices primarily in a county of	17119
this state that adjoins another state, the dentist or delegate	17120
also shall request a report of any information available in the	17121
drug database that pertains to prescriptions issued or drugs	17122
furnished to the patient in the state adjoining that county.	17123

(2) If the patient's course of treatment for the condition	17124
continues for more than ninety days after the initial report is	17125
requested, the dentist or delegate shall make periodic requests	17126
for reports of information from the drug database until the course	17127
of treatment has ended. The requests shall be made at intervals	17128
not exceeding ninety days, determined according to the date the	17129
initial request was made. The request shall be made in the same	17130
manner provided in division (B)(1) of this section for requesting	17131
the initial report of information from the drug database.	17132

(3) On receipt of a report under division (B)(1) or (2) of	17133
this section, the dentist shall assess the information in the	17134
report. The dentist shall document in the patient's record that	17135
the report was received and the information was assessed.	17136

(C)(1) Division (B) of this section does not apply if a drug	17137
database report regarding the patient is not available. In this	17138
event, the dentist shall document in the patient's record the	17139
reason that the report is not available.	17140

(2) Division (B) of this section does not apply if the drug	17141
is prescribed or personally furnished in an amount indicated for a	17142
period not to exceed seven days.	17143

(D) With respect to prescribing or personally furnishing any	17144
drug that is not an opioid analgesic or a benzodiazepine but is	17145
included in the drug database pursuant to rules adopted under	17146
section 4729.84 of the Revised Code, the state dental board shall	17147
adopt rules ~~in accordance with Chapter 119. of the Revised Code~~	17148
that establish standards and procedures to be followed by a	17149
dentist regarding the review of patient information available	17150
through the drug database under division (A)(5) of section 4729.80	17151
of the Revised Code. The rules shall be adopted in accordance with	17152
Chapter 119. of the Revised Code.	17153

~~(C)~~(E) This section and the rules adopted under it do not	17154
apply if the state board of pharmacy no longer maintains the drug	17155
database.	17156

Sec. 4717.10. (A) The board of embalmers and funeral	17157
directors may recognize licenses issued to embalmers and funeral	17158
directors by other states, and upon presentation of such licenses,	17159
may issue to the holder an embalmer's or funeral director's	17160
license under this chapter. The board shall charge the same fee as	17161
prescribed in section 4717.07 of the Revised Code to issue or	17162
renew such an embalmer's or funeral director's license. Such	17163
licenses shall be renewed biennially as provided in section	17164
4717.08 of the Revised Code. The board shall not issue a license	17165
to any person under division (A) of this section unless the	17166
applicant proves that the applicant, in the state in which the	17167
applicant is licensed, has complied with requirements	17168
substantially equal to those established in section 4717.05 of the	17169
Revised Code.	17170

(B) The board of embalmers and funeral directors may issue	17171
courtesy ~~cards~~card permits. A courtesy ~~cardholder~~card permit	17172
holder shall be authorized to undertake both the following acts in	17173
this state:	17174

(1) Prepare and complete those sections of a death	17175
certificate and other permits needed for disposition of deceased	17176
human remains in this state and sign and file such death	17177
certificates and permits;	17178

(2) Supervise and conduct funeral ceremonies ~~and~~, interments,	17179
and entombments in this state.	17180

(C) The board of embalmers and funeral directors may	17181
determine under what conditions a courtesy card permit may be	17182
issued to funeral directors in bordering states after taking into	17183
account whether and under what conditions and fees such border	17184
states issue similar courtesy ~~cards~~card permits to funeral	17185
directors licensed in this state. A courtesy card permit holder	17186
shall comply with all applicable laws and rules of this state	17187
while engaged in any acts of funeral directing in this state. The	17188
board may revoke or suspend a courtesy card permit or subject a	17189
courtesy card permit holder to discipline in accordance with the	17190
laws, rules, and procedures applicable to funeral director	17191
licensees under this chapter. Applicants for courtesy ~~cards~~card	17192
permits shall apply on forms prescribed by the board, pay a	17193
biennial fee set by the board for initial applications and	17194
renewals, and adhere to such other requirements imposed by the	17195
board on courtesy ~~cardholders~~card permit holders.	17196

(D) No courtesy ~~cardholder~~card permit holder shall be	17197
authorized to undertake any of the following activities in this	17198
state:	17199

(1) Arranging funerals or disposition services with members	17200
of the public in this state;	17201

(2) Be employed by or under contract to a funeral home	17202
licensed in this state to perform funeral services in this state;	17203

(3) Advertise funeral or disposition services in this state;

17204

(4) Enter into or execute funeral or disposition contracts in	17205
this state;	17206

(5) Prepare or embalm deceased human remains in this state;

17207

(6) Arrange for or carry out the disinterment of human	17208
remains in this state.	17209

(E) As used in this section, "courtesy card permit" means a	17210
special permit that may be issued to a funeral director licensed	17211
in a state that borders this state and who does not hold a funeral	17212
director's license under this chapter.	17213

Sec. 4723.28. (A) The board of nursing, by a vote of a	17214
quorum, may impose one or more of the following sanctions if it	17215
finds that a person committed fraud in passing an examination	17216
required to obtain a license, certificate of authority, or	17217
dialysis technician certificate issued by the board or to have	17218
committed fraud, misrepresentation, or deception in applying for	17219
or securing any nursing license, certificate of authority, or	17220
dialysis technician certificate issued by the board: deny, revoke,	17221
suspend, or place restrictions on any nursing license, certificate	17222
of authority, or dialysis technician certificate issued by the	17223
board; reprimand or otherwise discipline a holder of a nursing	17224
license, certificate of authority, or dialysis technician	17225
certificate; or impose a fine of not more than five hundred	17226
dollars per violation.	17227

(B) The board of nursing, by a vote of a quorum, may impose	17228
one or more of the following sanctions: deny, revoke, suspend, or	17229
place restrictions on any nursing license, certificate of	17230
authority, or dialysis technician certificate issued by the board;	17231
reprimand or otherwise discipline a holder of a nursing license,	17232
certificate of authority, or dialysis technician certificate; or	17233
impose a fine of not more than five hundred dollars per violation.	17234
The sanctions may be imposed for any of the following:	17235

(1) Denial, revocation, suspension, or restriction of	17236
authority to engage in a licensed profession or practice a health	17237
care occupation, including nursing or practice as a dialysis	17238
technician, for any reason other than a failure to renew, in Ohio	17239
or another state or jurisdiction;	17240

(2) Engaging in the practice of nursing or engaging in	17241
practice as a dialysis technician, having failed to renew a	17242
nursing license or dialysis technician certificate issued under	17243
this chapter, or while a nursing license or dialysis technician	17244
certificate is under suspension;	17245

(3) Conviction of, a plea of guilty to, a judicial finding of	17246
guilt of, a judicial finding of guilt resulting from a plea of no	17247
contest to, or a judicial finding of eligibility for a pretrial	17248
diversion or similar program or for intervention in lieu of	17249
conviction for, a misdemeanor committed in the course of practice;	17250

(4) Conviction of, a plea of guilty to, a judicial finding of	17251
guilt of, a judicial finding of guilt resulting from a plea of no	17252
contest to, or a judicial finding of eligibility for a pretrial	17253
diversion or similar program or for intervention in lieu of	17254
conviction for, any felony or of any crime involving gross	17255
immorality or moral turpitude;	17256

(5) Selling, giving away, or administering drugs or	17257
therapeutic devices for other than legal and legitimate	17258
therapeutic purposes; or conviction of, a plea of guilty to, a	17259
judicial finding of guilt of, a judicial finding of guilt	17260
resulting from a plea of no contest to, or a judicial finding of	17261
eligibility for a pretrial diversion or similar program or for	17262
intervention in lieu of conviction for, violating any municipal,	17263
state, county, or federal drug law;	17264

(6) Conviction of, a plea of guilty to, a judicial finding of	17265
guilt of, a judicial finding of guilt resulting from a plea of no	17266
contest to, or a judicial finding of eligibility for a pretrial	17267
diversion or similar program or for intervention in lieu of	17268
conviction for, an act in another jurisdiction that would	17269
constitute a felony or a crime of moral turpitude in Ohio;	17270

(7) Conviction of, a plea of guilty to, a judicial finding of	17271
guilt of, a judicial finding of guilt resulting from a plea of no	17272
contest to, or a judicial finding of eligibility for a pretrial	17273
diversion or similar program or for intervention in lieu of	17274
conviction for, an act in the course of practice in another	17275
jurisdiction that would constitute a misdemeanor in Ohio;	17276

(8) Self-administering or otherwise taking into the body any	17277
dangerous drug, as defined in section 4729.01 of the Revised Code,	17278
in any way that is not in accordance with a legal, valid	17279
prescription issued for that individual, or self-administering or	17280
otherwise taking into the body any drug that is a schedule I	17281
controlled substance;	17282

(9) Habitual or excessive use of controlled substances, other	17283
habit-forming drugs, or alcohol or other chemical substances to an	17284
extent that impairs the individual's ability to provide safe	17285
nursing care or safe dialysis care;	17286

(10) Impairment of the ability to practice according to	17287
acceptable and prevailing standards of safe nursing care or safe	17288
dialysis care because of the use of drugs, alcohol, or other	17289
chemical substances;	17290

(11) Impairment of the ability to practice according to	17291
acceptable and prevailing standards of safe nursing care or safe	17292
dialysis care because of a physical or mental disability;	17293

(12) Assaulting or causing harm to a patient or depriving a	17294
patient of the means to summon assistance;	17295

(13) Misappropriation or attempted misappropriation of money	17296
or anything of value in the course of practice;	17297

(14) Adjudication by a probate court of being mentally ill or	17298
mentally incompetent. The board may reinstate the person's nursing	17299
license or dialysis technician certificate upon adjudication by a	17300
probate court of the person's restoration to competency or upon	17301
submission to the board of other proof of competency.	17302

(15) The suspension or termination of employment by the	17303
department of defense or the veterans administration of the United	17304
States for any act that violates or would violate this chapter;	17305

(16) Violation of this chapter or any rules adopted under it;

17306

(17) Violation of any restrictions placed by the board on a	17307
nursing license or dialysis technician certificate;	17308

(18) Failure to use universal and standard precautions	17309
established by rules adopted under section 4723.07 of the Revised	17310
Code;	17311

(19) Failure to practice in accordance with acceptable and	17312
prevailing standards of safe nursing care or safe dialysis care;	17313

(20) In the case of a registered nurse, engaging in	17314
activities that exceed the practice of nursing as a registered	17315
nurse;	17316

(21) In the case of a licensed practical nurse, engaging in	17317
activities that exceed the practice of nursing as a licensed	17318
practical nurse;	17319

(22) In the case of a dialysis technician, engaging in	17320
activities that exceed those permitted under section 4723.72 of	17321
the Revised Code;	17322

(23) Aiding and abetting a person in that person's practice	17323
of nursing without a license or practice as a dialysis technician	17324
without a certificate issued under this chapter;	17325

(24) In the case of a certified registered nurse anesthetist,	17326
clinical nurse specialist, certified nurse-midwife, or certified	17327
nurse practitioner, except as provided in division (M) of this	17328
section, either of the following:	17329

(a) Waiving the payment of all or any part of a deductible or	17330
copayment that a patient, pursuant to a health insurance or health	17331
care policy, contract, or plan that covers such nursing services,	17332
would otherwise be required to pay if the waiver is used as an	17333
enticement to a patient or group of patients to receive health	17334
care services from that provider;	17335

(b) Advertising that the nurse will waive the payment of all	17336
or any part of a deductible or copayment that a patient, pursuant	17337
to a health insurance or health care policy, contract, or plan	17338
that covers such nursing services, would otherwise be required to	17339
pay.	17340

(25) Failure to comply with the terms and conditions of	17341
participation in the chemical dependency monitoring program	17342
established under section 4723.35 of the Revised Code;	17343

(26) Failure to comply with the terms and conditions required	17344
under the practice intervention and improvement program	17345
established under section 4723.282 of the Revised Code;	17346

(27) In the case of a certified registered nurse anesthetist,	17347
clinical nurse specialist, certified nurse-midwife, or certified	17348
nurse practitioner:	17349

(a) Engaging in activities that exceed those permitted for	17350
the nurse's nursing specialty under section 4723.43 of the Revised	17351
Code;	17352

(b) Failure to meet the quality assurance standards	17353
established under section 4723.07 of the Revised Code.	17354

(28) In the case of a clinical nurse specialist, certified	17355
nurse-midwife, or certified nurse practitioner, failure to	17356
maintain a standard care arrangement in accordance with section	17357
4723.431 of the Revised Code or to practice in accordance with the	17358
standard care arrangement;	17359

(29) In the case of a clinical nurse specialist, certified	17360
nurse-midwife, or certified nurse practitioner who holds a	17361
certificate to prescribe issued under section 4723.48 of the	17362
Revised Code, failure to prescribe drugs and therapeutic devices	17363
in accordance with section 4723.481 of the Revised Code;	17364

(30) Prescribing any drug or device to perform or induce an	17365
abortion, or otherwise performing or inducing an abortion;	17366

(31) Failure to establish and maintain professional	17367
boundaries with a patient, as specified in rules adopted under	17368
section 4723.07 of the Revised Code;	17369

(32) Regardless of whether the contact or verbal behavior is	17370
consensual, engaging with a patient other than the spouse of the	17371
registered nurse, licensed practical nurse, or dialysis technician	17372
in any of the following:	17373

(a) Sexual contact, as defined in section 2907.01 of the	17374
Revised Code;	17375

(b) Verbal behavior that is sexually demeaning to the patient	17376
or may be reasonably interpreted by the patient as sexually	17377
demeaning.	17378

(33) Assisting suicide as defined in section 3795.01 of the	17379
Revised Code;	17380

(34) Failure to comply with section 4723.487 of the Revised	17381
Code, unless the state board of pharmacy no longer maintains a	17382
drug database pursuant to section 4729.75 of the Revised Code.	17383

(C) Disciplinary actions taken by the board under divisions	17384
(A) and (B) of this section shall be taken pursuant to an	17385
adjudication conducted under Chapter 119. of the Revised Code,	17386
except that in lieu of a hearing, the board may enter into a	17387
consent agreement with an individual to resolve an allegation of a	17388
violation of this chapter or any rule adopted under it. A consent	17389
agreement, when ratified by a vote of a quorum, shall constitute	17390
the findings and order of the board with respect to the matter	17391
addressed in the agreement. If the board refuses to ratify a	17392
consent agreement, the admissions and findings contained in the	17393
agreement shall be of no effect.	17394

(D) The hearings of the board shall be conducted in	17395
accordance with Chapter 119. of the Revised Code, the board may	17396
appoint a hearing examiner, as provided in section 119.09 of the	17397
Revised Code, to conduct any hearing the board is authorized to	17398
hold under Chapter 119. of the Revised Code.	17399

In any instance in which the board is required under Chapter	17400
119. of the Revised Code to give notice of an opportunity for a	17401
hearing and the applicant, licensee, or certificate holder does	17402
not make a timely request for a hearing in accordance with section	17403
119.07 of the Revised Code, the board is not required to hold a	17404
hearing, but may adopt, by a vote of a quorum, a final order that	17405
contains the board's findings. In the final order, the board may	17406
order any of the sanctions listed in division (A) or (B) of this	17407
section.	17408

(E) If a criminal action is brought against a registered	17409
nurse, licensed practical nurse, or dialysis technician for an act	17410
or crime described in divisions (B)(3) to (7) of this section and	17411
the action is dismissed by the trial court other than on the	17412
merits, the board shall conduct an adjudication to determine	17413
whether the registered nurse, licensed practical nurse, or	17414
dialysis technician committed the act on which the action was	17415
based. If the board determines on the basis of the adjudication	17416
that the registered nurse, licensed practical nurse, or dialysis	17417
technician committed the act, or if the registered nurse, licensed	17418
practical nurse, or dialysis technician fails to participate in	17419
the adjudication, the board may take action as though the	17420
registered nurse, licensed practical nurse, or dialysis technician	17421
had been convicted of the act.	17422

If the board takes action on the basis of a conviction, plea,	17423
or a judicial finding as described in divisions (B)(3) to (7) of	17424
this section that is overturned on appeal, the registered nurse,	17425
licensed practical nurse, or dialysis technician may, on	17426
exhaustion of the appeal process, petition the board for	17427
reconsideration of its action. On receipt of the petition and	17428
supporting court documents, the board shall temporarily rescind	17429
its action. If the board determines that the decision on appeal	17430
was a decision on the merits, it shall permanently rescind its	17431
action. If the board determines that the decision on appeal was	17432
not a decision on the merits, it shall conduct an adjudication to	17433
determine whether the registered nurse, licensed practical nurse,	17434
or dialysis technician committed the act on which the original	17435
conviction, plea, or judicial finding was based. If the board	17436
determines on the basis of the adjudication that the registered	17437
nurse, licensed practical nurse, or dialysis technician committed	17438
such act, or if the registered nurse, licensed practical nurse, or	17439
dialysis technician does not request an adjudication, the board	17440
shall reinstate its action; otherwise, the board shall permanently	17441
rescind its action.	17442

Notwithstanding the provision of division (C)(2) of section	17443
2953.32 of the Revised Code specifying that if records pertaining	17444
to a criminal case are sealed under that section the proceedings	17445
in the case shall be deemed not to have occurred, sealing of the	17446
following records on which the board has based an action under	17447
this section shall have no effect on the board's action or any	17448
sanction imposed by the board under this section: records of any	17449
conviction, guilty plea, judicial finding of guilt resulting from	17450
a plea of no contest, or a judicial finding of eligibility for a	17451
pretrial diversion program or intervention in lieu of conviction.	17452

The board shall not be required to seal, destroy, redact, or	17453
otherwise modify its records to reflect the court's sealing of	17454
conviction records.	17455

(F) The board may investigate an individual's criminal	17456
background in performing its duties under this section. As part of	17457
such investigation, the board may order the individual to submit,	17458
at the individual's expense, a request to the bureau of criminal	17459
identification and investigation for a criminal records check and	17460
check of federal bureau of investigation records in accordance	17461
with the procedure described in section 4723.091 of the Revised	17462
Code.	17463

(G) During the course of an investigation conducted under	17464
this section, the board may compel any registered nurse, licensed	17465
practical nurse, or dialysis technician or applicant under this	17466
chapter to submit to a mental or physical examination, or both, as	17467
required by the board and at the expense of the individual, if the	17468
board finds reason to believe that the individual under	17469
investigation may have a physical or mental impairment that may	17470
affect the individual's ability to provide safe nursing care.	17471
Failure of any individual to submit to a mental or physical	17472
examination when directed constitutes an admission of the	17473
allegations, unless the failure is due to circumstances beyond the	17474
individual's control, and a default and final order may be entered	17475
without the taking of testimony or presentation of evidence.	17476

If the board finds that an individual is impaired, the board	17477
shall require the individual to submit to care, counseling, or	17478
treatment approved or designated by the board, as a condition for	17479
initial, continued, reinstated, or renewed authority to practice.	17480
The individual shall be afforded an opportunity to demonstrate to	17481
the board that the individual can begin or resume the individual's	17482
occupation in compliance with acceptable and prevailing standards	17483
of care under the provisions of the individual's authority to	17484
practice.	17485

For purposes of this division, any registered nurse, licensed	17486
practical nurse, or dialysis technician or applicant under this	17487
chapter shall be deemed to have given consent to submit to a	17488
mental or physical examination when directed to do so in writing	17489
by the board, and to have waived all objections to the	17490
admissibility of testimony or examination reports that constitute	17491
a privileged communication.	17492

(H) The board shall investigate evidence that appears to show	17493
that any person has violated any provision of this chapter or any	17494
rule of the board. Any person may report to the board any	17495
information the person may have that appears to show a violation	17496
of any provision of this chapter or rule of the board. In the	17497
absence of bad faith, any person who reports such information or	17498
who testifies before the board in any adjudication conducted under	17499
Chapter 119. of the Revised Code shall not be liable for civil	17500
damages as a result of the report or testimony.	17501

(I) All of the following apply under this chapter with	17502
respect to the confidentiality of information:	17503

(1) Information received by the board pursuant to a complaint	17504
or an investigation is confidential and not subject to discovery	17505
in any civil action, except that the board may disclose	17506
information to law enforcement officers and government entities	17507
for purposes of an investigation of either a licensed health care	17508
professional, including a registered nurse, licensed practical	17509
nurse, or dialysis technician, or a person who may have engaged in	17510
the unauthorized practice of nursing or dialysis care. No law	17511
enforcement officer or government entity with knowledge of any	17512
information disclosed by the board pursuant to this division shall	17513
divulge the information to any other person or government entity	17514
except for the purpose of a government investigation, a	17515
prosecution, or an adjudication by a court or government entity.	17516

(2) If an investigation requires a review of patient records,	17517
the investigation and proceeding shall be conducted in such a	17518
manner as to protect patient confidentiality.	17519

(3) All adjudications and investigations of the board shall	17520
be considered civil actions for the purposes of section 2305.252	17521
of the Revised Code.	17522

(4) Any board activity that involves continued monitoring of	17523
an individual as part of or following any disciplinary action	17524
taken under this section shall be conducted in a manner that	17525
maintains the individual's confidentiality. Information received	17526
or maintained by the board with respect to the board's monitoring	17527
activities is not subject to discovery in any civil action and is	17528
confidential, except that the board may disclose information to	17529
law enforcement officers and government entities for purposes of	17530
an investigation of a licensee or certificate holder.	17531

(J) Any action taken by the board under this section	17532
resulting in a suspension from practice shall be accompanied by a	17533
written statement of the conditions under which the person may be	17534
reinstated to practice.	17535

(K) When the board refuses to grant a license or certificate	17536
to an applicant, revokes a license or certificate, or refuses to	17537
reinstate a license or certificate, the board may specify that its	17538
action is permanent. An individual subject to permanent action	17539
taken by the board is forever ineligible to hold a license or	17540
certificate of the type that was refused or revoked and the board	17541
shall not accept from the individual an application for	17542
reinstatement of the license or certificate or for a new license	17543
or certificate.	17544

(L) No unilateral surrender of a nursing license, certificate	17545
of authority, or dialysis technician certificate issued under this	17546
chapter shall be effective unless accepted by majority vote of the	17547
board. No application for a nursing license, certificate of	17548
authority, or dialysis technician certificate issued under this	17549
chapter may be withdrawn without a majority vote of the board. The	17550
board's jurisdiction to take disciplinary action under this	17551
section is not removed or limited when an individual has a license	17552
or certificate classified as inactive or fails to renew a license	17553
or certificate.	17554

(M) Sanctions shall not be imposed under division (B)(24) of	17555
this section against any licensee who waives deductibles and	17556
copayments as follows:	17557

(1) In compliance with the health benefit plan that expressly	17558
allows such a practice. Waiver of the deductibles or copayments	17559
shall be made only with the full knowledge and consent of the plan	17560
purchaser, payer, and third-party administrator. Documentation of	17561
the consent shall be made available to the board upon request.	17562

(2) For professional services rendered to any other person	17563
licensed pursuant to this chapter to the extent allowed by this	17564
chapter and the rules of the board.	17565

Sec. 4723.433. When an advanced practice registered nurse	17566
orders a test for the presence of Lyme disease in a patient, the	17567
nurse or nurse's delegate shall provide to the patient or	17568
patient's representative a written notice with the following	17569
information:	17570

"Your health care provider has ordered a test for the	17571
presence of Lyme disease. Current testing for Lyme disease can be	17572
problematic and may lead to false results. If you are tested for	17573
Lyme disease and the results are positive, this does not	17574
necessarily mean that you have contracted Lyme disease. In the	17575
alternative, if the results are negative, this does not	17576
necessarily mean that you have not contracted Lyme disease. If you	17577
continue to experience symptoms or have other health concerns, you	17578
should contact your health care provider and inquire about the	17579
appropriateness of additional testing or treatment."	17580

The nurse or nurse's delegate shall obtain a signature from	17581
the patient or patient's representative indicating receipt of the	17582
notice. The document containing the signature shall be kept in the	17583
patient's record.	17584

Sec. 4723.486. (A) A certificate to prescribe issued under	17585
section 4723.48 of the Revised Code that is not issued as an	17586
externship certificate is valid for two years, unless otherwise	17587
provided in rules adopted under section 4723.50 of the Revised	17588
Code or earlier suspended or revoked by the board. The board of	17589
nursing shall renew certificates to prescribe according to	17590
procedures and a renewal schedule established in rules adopted	17591
under section 4723.50 of the Revised Code.	17592

(B) ~~The~~Except as provided in division (C) of this section,	17593
the board may renew a certificate to prescribe if the holder	17594
submits to the board all of the following:	17595

(1) Evidence of having completed during the previous two	17596
years at least twelve hours of continuing education in advanced	17597
pharmacology, or, if the certificate has been held for less than a	17598
full renewal period, the number of hours required by the board in	17599
rules adopted under section 4723.50 of the Revised Code;	17600

(2) The fee required under section 4723.08 of the Revised	17601
Code for renewal of a certificate to prescribe;	17602

(3) Any additional information the board requires pursuant to	17603
rules adopted under section 4723.50 of the Revised Code.	17604

(C)(1) Except as provided in division (C)(2) of this section,	17605
in the case of a certificate holder seeking renewal who prescribes	17606
opioid analgesics or benzodiazepines, the holder shall certify to	17607
the board whether the holder has been granted access to the drug	17608
database established and maintained by the state board of pharmacy	17609
pursuant to section 4729.75 of the Revised Code.	17610

(2) The requirement in division (C)(1) of this section does	17611
not apply if either of the following is the case:	17612

(a) The state board of pharmacy notifies the board of nursing	17613
pursuant to section 4729.861 of the Revised Code that the	17614
certificate holder has been restricted from obtaining further	17615
information from the drug database.	17616

(b) The state board of pharmacy no longer maintains the drug	17617
database.	17618

(3) If a certificate holder certifies to the board of nursing	17619
that the holder has been granted access to the drug database and	17620
the board finds through an audit or other means that the holder	17621
has not been granted access, the board may take action under	17622
section 4723.28 of the Revised Code.	17623

(D) The continuing education in pharmacology required under	17624
division (B)(1) of this section must be received from an	17625
accredited institution recognized by the board. The hours of	17626
continuing education required are in addition to any other	17627
continuing education requirement that must be completed pursuant	17628
to this chapter.	17629

Sec. 4723.487. (A) As used in this section, "drug database"	17630
means the database established and maintained by the state board	17631
of pharmacy pursuant to section 4729.75 of the Revised Code.	17632

(B) ~~The~~Except as provided in divisions (C) and (E) of this	17633
section, an advanced practice registered nurse holding a	17634
certificate to prescribe issued under this chapter shall comply	17635
with all of the following as conditions of prescribing a drug that	17636
is either an opioid analgesic or a benzodiazepine as part of a	17637
patient's course of treatment for a particular condition:	17638

(1) Before initially prescribing the drug, the nurse or the	17639
nurse's delegate shall request from the drug database a report of	17640
information related to the patient that covers at least the twelve	17641
months immediately preceding the date of the request. If the nurse	17642
practices primarily in a county of this state that adjoins another	17643
state, the nurse or delegate also shall request a report of any	17644
information available in the drug database that pertains to	17645
prescriptions issued or drugs furnished to the patient in the	17646
state adjoining that county.	17647

(2) If the patient's course of treatment for the condition	17648
continues for more than ninety days after the initial report is	17649
requested, the nurse or delegate shall make periodic requests for	17650
reports of information from the drug database until the course of	17651
treatment has ended. The requests shall be made at intervals not	17652
exceeding ninety days, determined according to the date the	17653
initial request was made. The request shall be made in the same	17654
manner provided in division (B)(1) of this section for requesting	17655
the initial report of information from the drug database.	17656

(3) On receipt of a report under division (B)(1) or (2) of	17657
this section, the nurse shall assess the information in the	17658
report. The nurse shall document in the patient's record that the	17659
report was received and the information was assessed.	17660

(C) Division (B) of this section does not apply if in any of	17661
the following circumstances:	17662

(1) A drug database report regarding the patient is not	17663
available, in which case the nurse shall document in the patient's	17664
record the reason that the report is not available.	17665

(2) The drug is prescribed in an amount indicated for a	17666
period not to exceed seven days.	17667

(3) The drug is prescribed for the treatment of cancer or	17668
another condition associated with cancer.	17669

(4) The drug is prescribed to a hospice patient in a hospice	17670
care program, as those terms are defined in section 3712.01 of the	17671
Revised Code, or any other patient diagnosed as terminally ill.	17672

(5) The drug is prescribed for administration in a hospital,	17673
nursing home, or residential care facility.	17674

(D) With respect to prescribing any drug that is not an	17675
opioid analgesic or a benzodiazepine but is included in the drug	17676
database pursuant to rules adopted under section 4729.84 of the	17677
Revised Code, the board of nursing shall adopt rules ~~in accordance~~	17678
~~with Chapter 119. of the Revised Code~~ that establish standards and	17679
procedures to be followed by an advanced practice registered nurse	17680
with a certificate to prescribe issued under section 4723.48 of	17681
the Revised Code regarding the review of patient information	17682
available through the drug database under division (A)(5) of	17683
section 4729.80 of the Revised Code. The rules shall be adopted in	17684
accordance with Chapter 119. of the Revised Code.	17685

~~(C)~~(E) This section and the rules adopted under it do not	17686
apply if the state board of pharmacy no longer maintains the drug	17687
database.	17688

Sec. 4725.01. As used in this chapter:

17689

(A)(1) The "practice of optometry" means the application of	17690
optical principles, through technical methods and devices, in the	17691
examination of human eyes for the purpose of ascertaining	17692
departures from the normal, measuring their functional powers,	17693
adapting optical accessories for the aid thereof, and detecting	17694
ocular abnormalities that may be evidence of disease, pathology,	17695
or injury.	17696

(2) In the case of a licensed optometrist who holds a topical	17697
ocular pharmaceutical agents certificate, the "practice of	17698
optometry" has the same meaning as in division (A)(1) of this	17699
section, except that it also includes administering topical ocular	17700
pharmaceutical agents.	17701

(3) In the case of a licensed optometrist who holds a	17702
therapeutic pharmaceutical agents certificate, the "practice of	17703
optometry" has the same meaning as in division (A)(1) of this	17704
section, except that it also includes all of the following:	17705

(a) Employing, applying, administering, and prescribing	17706
instruments, devices, and procedures, other than invasive	17707
procedures, for purpose of examination, investigation, diagnosis,	17708
treatment, or prevention of any disease, injury, or other abnormal	17709
condition of the visual system;	17710

(b) Employing, applying, administering, and prescribing	17711
topical ocular pharmaceutical agents;	17712

(c) Employing, applying, administering, and prescribing	17713
therapeutic pharmaceutical agents;	17714

(d) Assisting an individual in determining the individual's	17715
blood glucose level by using a commercially available	17716
glucose-monitoring device. Nothing in this section precludes a	17717
licensed optometrist who holds a therapeutic pharmaceutical agents	17718
certificate from using any particular type of commercially	17719
available glucose-monitoring device.	17720

(B) "Topical ocular pharmaceutical agent" means a drug or	17721
dangerous drug that is a topical drug and used in the practice of	17722
optometry as follows:	17723

(1) In the case of a licensed optometrist who holds a topical	17724
ocular pharmaceutical agents certificate, for evaluative purposes	17725
in the practice of optometry as set forth in division (A)(1) of	17726
this section;	17727

(2) In the case of a licensed optometrist who holds a	17728
therapeutic pharmaceutical agents certificate, for purposes of	17729
examination, investigation, diagnosis, treatment, or prevention of	17730
any disease, injury, or other abnormal condition of the visual	17731
system.	17732

(C) "Therapeutic pharmaceutical agent" means a drug or	17733
dangerous drug that is used for examination, investigation,	17734
diagnosis, treatment, or prevention of any disease, injury, or	17735
other abnormal condition of the visual system in the practice of	17736
optometry by a licensed optometrist who holds a therapeutic	17737
pharmaceutical agents certificate, and is any of the following:	17738

(1) An oral drug or dangerous drug in one of the following	17739
classifications:	17740

(a) Anti-infectives, including antibiotics, antivirals,	17741
antimicrobials, and antifungals;	17742

(b) Anti-allergy agents;

17743

17744

(d) Analgesics, including only analgesic drugs that are	17745
available without a prescription, analgesic drugs or dangerous	17746
drugs that require a prescription but are not controlled	17747
substances, and ~~schedule III~~analgesic drugs that are controlled	17748
substances and authorized by the state board of optometry in rules	17749
adopted under section 4725.091 of the Revised Code;	17750

(e) Anti-inflammatories, excluding all drugs or dangerous	17751
drugs classified as oral steroids other than methylpredisolone, ,	17752
except that methylpredisolone may be used under a therapeutic	17753
pharmaceutical agents certificate only if it is prescribed under	17754
all of the following conditions:	17755

(i) For use in allergy cases;

17756

(ii) For use by an individual who is eighteen years of age or	17757
older;	17758

(iii) On the basis of an individual's particular episode of	17759
illness;	17760

(iv) In an amount that does not exceed the amount packaged	17761
for a single course of therapy.	17762

(2) Epinephrine administered by injection to individuals in	17763
emergency situations to counteract anaphylaxis or anaphylactic	17764
shock. Notwithstanding any provision of this section to the	17765
contrary, administration of epinephrine in this manner does not	17766
constitute performance of an invasive procedure.	17767

(3) An oral drug or dangerous drug that is not included under	17768
division (C)(1) of this section, if the drug or dangerous drug is	17769
approved, exempt from approval, certified, or exempt from	17770
certification by the federal food and drug administration for	17771
ophthalmic purposes and the drug or dangerous drug is specified in	17772
rules adopted by the state board of optometry under section	17773
4725.09 of the Revised Code.	17774

(D) "Controlled substance" has the same meaning as in section	17775
3719.01 of the Revised Code.	17776

(E) "Drug" and "dangerous drug" have the same meanings as in	17777
section 4729.01 of the Revised Code.	17778

(F) "Invasive procedure" means any procedure that involves	17779
cutting or otherwise infiltrating human tissue by mechanical means	17780
including surgery, laser surgery, ionizing radiation, therapeutic	17781
ultrasound, administering medication by injection, or the removal	17782
of intraocular foreign bodies.	17783

(G) "Visual system" means the human eye and its accessory or	17784
subordinate anatomical parts.	17785

(H) "Certificate of licensure" means a certificate issued by	17786
the state board of optometry under section 4725.13 of the Revised	17787
Code authorizing the holder to practice optometry as provided in	17788
division (A)(1) of this section.	17789

(I) "Topical ocular pharmaceutical agents certificate" means	17790
a certificate issued by the state board of optometry under section	17791
4725.13 of the Revised Code authorizing the holder to practice	17792
optometry as provided in division (A)(2) of this section.	17793

(J) "Therapeutic pharmaceutical agents certificate" means a	17794
certificate issued by the state board of optometry under division	17795
(A)(3) or (4) of section 4725.13 of the Revised Code authorizing	17796
the holder to practice optometry as provided in division (A)(3) of	17797
this section.	17798

Sec. 4725.091. (A) The state board of optometry shall adopt	17799
rules governing the authority of licensed optometrists practicing	17800
under therapeutic pharmaceutical agents certificates to employ,	17801
apply, administer, and prescribe ~~schedule III~~analgesic drugs that	17802
are controlled substances ~~under a therapeutic pharmaceutical~~	17803
~~agents certificate~~. The rules shall be adopted in accordance with	17804
Chapter 119. of the Revised Code and in consultation with the	17805
state board of pharmacy.	17806

(B) All of the following apply to the state board of	17807
optometry in the adoption of rules under this section:	17808

(1) The board shall not permit an optometrist to employ,	17809
apply, administer, or prescribe ~~a schedule III~~an analgesic drug	17810
that is a controlled substance other than a drug that is either of	17811
the following:	17812

(a) A drug that is included in section 3719.41 of the Revised	17813
Code within the schedule III narcotics-narcotic preparations	17814
category;	17815

(b) A drug that immediately prior to the effective date of	17816
this amendment was included in section 3719.41 of the Revised Code	17817
within the schedule III narcotics-narcotic preparations category,	17818
even if that drug subsequently is transferred to a different	17819
schedule or category by the general assembly, the state board of	17820
pharmacy pursuant to section 3719.44 of the Revised Code, or the	17821
United States attorney general pursuant to the federal drug abuse	17822
control laws, as defined in section 3719.01 of the Revised Code.	17823

(2) The board shall limit the ~~schedule III~~analgesic drugs	17824
that are controlled substances that optometrists may employ,	17825
apply, administer, or prescribe to the drugs that the board	17826
determines are appropriate for use in the practice of optometry	17827
under a therapeutic pharmaceutical agents certificate.	17828

(3) With regard to the prescribing of ~~schedule III~~analgesic	17829
drugs that are controlled substances, the board shall establish	17830
prescribing standards to be followed by optometrists who hold	17831
therapeutic pharmaceutical agents certificates. The board shall	17832
take into account the prescribing standards that exist within the	17833
health care marketplace.	17834

(4) The board shall establish standards and procedures for	17835
employing, applying, administering, and prescribing ~~schedule III~~	17836
analgesic drugs that are controlled substances under a therapeutic	17837
pharmaceutical agents certificate by taking into consideration and	17838
examining issues that include the appropriate length of drug	17839
therapy, appropriate standards for drug treatment, necessary	17840
monitoring systems, and any other factors the board considers	17841
relevant.	17842

Sec. 4725.092. (A) As used in this section, "drug database"	17843
means the database established and maintained by the state board	17844
of pharmacy pursuant to section 4729.75 of the Revised Code.	17845

(B) ~~The~~Except as provided in divisions (C) and (E) of this	17846
section, an optometrist holding a therapeutic pharmaceutical	17847
agents certificate shall comply with all of the following as	17848
conditions of prescribing a drug that is either an opioid	17849
analgesic or a benzodiazepine, or personally furnishing a complete	17850
or partial supply of such a drug, as part of a patient's course of	17851
treatment for a particular condition:	17852

(1) Before initially prescribing or furnishing the drug, the	17853
optometrist or the optometrist's delegate shall request from the	17854
drug database a report of information related to the patient that	17855
covers at least the twelve months immediately preceding the date	17856
of the request. If the optometrist practices primarily in a county	17857
of this state that adjoins another state, the optometrist or	17858
delegate also shall request a report of any information available	17859
in the drug database that pertains to prescriptions issued or	17860
drugs furnished to the patient in the state adjoining that county.	17861

(2) If the patient's course of treatment for the condition	17862
continues for more than ninety days after the initial report is	17863
requested, the optometrist or delegate shall make periodic	17864
requests for reports of information from the drug database until	17865
the course of treatment has ended. The requests shall be made at	17866
intervals not exceeding ninety days, determined according to the	17867
date the initial request was made. The request shall be made in	17868
the same manner provided in division (B)(1) of this section for	17869
requesting the initial report of information from the drug	17870
database.	17871

(3) On receipt of a report under division (B)(1) or (2) of	17872
this section, the optometrist shall assess the information in the	17873
report. The optometrist shall document in the patient's record	17874
that the report was received and the information was assessed.	17875

(C)(1) Division (B) of this section does not apply if a drug	17876
database report regarding the patient is not available. In this	17877
event, the optometrist shall document in the patient's record the	17878
reason that the report is not available.	17879

(2) Division (B) of this section does not apply if the drug	17880
is prescribed or personally furnished in an amount indicated for a	17881
period not to exceed seven days.	17882

(D) With respect to prescribing or personally furnishing any	17883
drug that is not an opioid analgesic or a benzodiazepine but is	17884
included in the drug database pursuant to rules adopted under	17885
section 4729.84 of the Revised Code, the state board of optometry	17886
shall adopt rules ~~in accordance with Chapter 119. of the Revised~~	17887
~~Code~~ that establish standards and procedures to be followed by an	17888
optometrist who holds a therapeutic pharmaceutical agents	17889
certificate regarding the review of patient information available	17890
through the drug database under division (A)(5) of section 4729.80	17891
of the Revised Code. The rules shall be adopted in accordance with	17892
Chapter 119. of the Revised Code.	17893

~~(C)~~(E) This section and the rules adopted under it do not	17894
apply if the state board of pharmacy no longer maintains the drug	17895
database.	17896

Sec. 4725.16. (A)(1) Each certificate of licensure, topical	17897
ocular pharmaceutical agents certificate, and therapeutic	17898
pharmaceutical agents certificate issued by the state board of	17899
optometry shall expire annually on the last day of December, and	17900
may be renewed in accordance with this section and the standard	17901
renewal procedure established under Chapter 4745. of the Revised	17902
Code.	17903

(2) An optometrist seeking to continue to practice optometry	17904
shall file with the board an application for license renewal. The	17905
application shall be in such form and require such pertinent	17906
professional biographical data as the board may require.	17907

(3)(a) Except as provided in division (A)(3)(b) of this	17908
section, in the case of an optometrist seeking renewal who holds a	17909
topical ocular pharmaceutical agents certificate and who	17910
prescribes or personally furnishes opioid analgesics or	17911
benzodiazepines, the optometrist shall certify to the board	17912
whether the optometrist has been granted access to the drug	17913
database established and maintained by the state board of pharmacy	17914
pursuant to section 4729.75 of the Revised Code.	17915

(b) The requirement in division (A)(3)(a) of this section	17916
does not apply if either of the following is the case:	17917

(i) The state board of pharmacy notifies the state board of	17918
optometry pursuant to section 4729.861 of the Revised Code that	17919
the certificate holder has been restricted from obtaining further	17920
information from the drug database.	17921

(ii) The state board of pharmacy no longer maintains the drug	17922
database.	17923

(c) If an optometrist certifies to the state board of	17924
optometry that the optometrist has been granted access to the drug	17925
database and the board finds through an audit or other means that	17926
the optometrist has not been granted access, the board may take	17927
action under section 4725.19 of the Revised Code.	17928

(B) All licensed optometrists shall annually complete	17929
continuing education in subjects relating to the practice of	17930
optometry, to the end that the utilization and application of new	17931
techniques, scientific and clinical advances, and the achievements	17932
of research will assure comprehensive care to the public. The	17933
board shall prescribe by rule the continuing optometric education	17934
that licensed optometrists must complete. The length of study	17935
shall be twenty-five clock hours each year, including ten clock	17936
hours of instruction in pharmacology to be completed by all	17937
licensed optometrists.	17938

Unless the continuing education required under this division	17939
is waived or deferred under division (D) of this section, the	17940
continuing education must be completed during the twelve-month	17941
period beginning on the first day of October and ending on the	17942
last day of September. If the board receives notice from a	17943
continuing education program indicating that an optometrist	17944
completed the program after the last day of September, and the	17945
optometrist wants to use the continuing education completed after	17946
that day to renew the license that expires on the last day of	17947
December of that year, the optometrist shall pay the penalty	17948
specified under section 4725.34 of the Revised Code for late	17949
completion of continuing education.	17950

At least once annually, the board shall post on its web site	17951
and shall mail, or send by electronic mail, to each licensed	17952
optometrist a list of courses approved in accordance with	17953
standards prescribed by board rule. Upon the request of a licensed	17954
optometrist, the executive director of the board shall supply a	17955
list of additional courses that the board has approved subsequent	17956
to the most recent web site posting, electronic mail transmission,	17957
or mailing of the list of approved courses.	17958

(C)(1) Annually, not later than the first day of November,	17959
the board shall mail or send by electronic mail a notice regarding	17960
license renewal to each licensed optometrist who may be eligible	17961
for renewal. The notice shall be sent to the optometrist's most	17962
recent electronic mail or mailing address shown in the board's	17963
records. If the board knows that the optometrist has completed the	17964
required continuing optometric education for the year, the board	17965
may include with the notice an application for license renewal.	17966

(2) Filing a license renewal application with the board shall	17967
serve as notice by the optometrist that the continuing optometric	17968
education requirement has been successfully completed. If the	17969
board finds that an optometrist has not completed the required	17970
continuing optometric education, the board shall disapprove the	17971
optometrist's application. The board's disapproval of renewal is	17972
effective without a hearing, unless a hearing is requested	17973
pursuant to Chapter 119. of the Revised Code.	17974

(3) The board shall refuse to accept an application for	17975
renewal from any applicant whose license is not in good standing	17976
or who is under disciplinary review pursuant to section 4725.19 of	17977
the Revised Code.	17978

(4) Notice of an applicant's failure to qualify for renewal	17979
shall be served upon the applicant by mail. The notice shall be	17980
sent not later than the fifteenth day of November to the	17981
applicant's last address shown in the board's records.	17982

(D) In cases of certified illness or undue hardship, the	17983
board may waive or defer for up to twelve months the requirement	17984
of continuing optometric education, except that in such cases the	17985
board may not waive or defer the continuing education in	17986
pharmacology required to be completed by optometrists who hold	17987
topical ocular pharmaceutical agents certificates or therapeutic	17988
pharmaceutical agents certificates. The board shall waive the	17989
requirement of continuing optometric education for any optometrist	17990
who is serving on active duty in the armed forces of the United	17991
States or a reserve component of the armed forces of the United	17992
States, including the Ohio national guard or the national guard of	17993
any other state or who has received an initial certificate of	17994
licensure during the nine-month period which ended on the last day	17995
of September.	17996

(E) An optometrist whose renewal application has been	17997
approved may renew each certificate held by paying to the	17998
treasurer of state the fees for renewal specified under section	17999
4725.34 of the Revised Code. On payment of all applicable fees,	18000
the board shall issue a renewal of the optometrist's certificate	18001
of licensure, topical ocular pharmaceutical agents certificate,	18002
and therapeutic pharmaceutical agents certificate, as appropriate.	18003

(F) Not later than the fifteenth day of December, the board	18004
shall mail or send by electronic mail a second notice regarding	18005
license renewal to each licensed optometrist who may be eligible	18006
for renewal but did not respond to the notice sent under division	18007
(C)(1) of this section. The notice shall be sent to the	18008
optometrist's most recent electronic mail or mailing address shown	18009
in the board's records. If an optometrist fails to file a renewal	18010
application after the second notice is sent, the board shall send	18011
a third notice regarding license renewal prior to any action under	18012
division (I) of this section to classify the optometrist's	18013
certificates as delinquent.	18014

(G) The failure of an optometrist to apply for license	18015
renewal or the failure to pay the applicable annual renewal fees	18016
on or before the date of expiration, shall automatically work a	18017
forfeiture of the optometrist's authority to practice optometry in	18018
this state.	18019

(H) The board shall accept renewal applications and renewal	18020
fees that are submitted from the first day of January to the last	18021
day of April of the year next succeeding the date of expiration.	18022
An individual who submits such a late renewal application or fee	18023
shall pay the late renewal fee specified in section 4725.34 of the	18024
Revised Code.	18025

(I)(1) If the certificates issued by the board to an	18026
individual have expired and the individual has not filed a	18027
complete application during the late renewal period, the	18028
individual's certificates shall be classified in the board's	18029
records as delinquent.	18030

(2) Any optometrist subject to delinquent classification may	18031
submit a written application to the board for reinstatement. For	18032
reinstatement to occur, the applicant must meet all of the	18033
following conditions:	18034

(a) Submit to the board evidence of compliance with board	18035
rules requiring continuing optometric education in a sufficient	18036
number of hours to make up for any delinquent compliance;	18037

(b) Pay the renewal fees for the year in which application	18038
for reinstatement is made and the reinstatement fee specified	18039
under division (A)(8) of section 4725.34 of the Revised Code;	18040

(c) Pass all or part of the licensing examination accepted by	18041
the board under section 4725.11 of the Revised Code as the board	18042
considers appropriate to determine whether the application for	18043
reinstatement should be approved;	18044

(d) If the applicant has been practicing optometry in another	18045
state or country, submit evidence that the applicant's license to	18046
practice optometry in the other state or country is in good	18047
standing.	18048

(3) The board shall approve an application for reinstatement	18049
if the conditions specified in division (I)(2) of this section are	18050
met. An optometrist who receives reinstatement is subject to the	18051
continuing education requirements specified under division (B) of	18052
this section for the year in which reinstatement occurs.	18053

Sec. 4725.19. (A) In accordance with Chapter 119. of the	18054
Revised Code and by an affirmative vote of a majority of its	18055
members, the state board of optometry, for any of the reasons	18056
specified in division (B) of this section, shall refuse to grant a	18057
certificate of licensure to an applicant and may, with respect to	18058
a licensed optometrist, do one or more of the following:	18059

(1) Suspend the operation of any certificate of licensure,	18060
topical ocular pharmaceutical agents certificate, or therapeutic	18061
pharmaceutical agents certificate, or all certificates granted by	18062
it to the optometrist;	18063

(2) Permanently revoke any or all of the certificates;

18064

(3) Limit or otherwise place restrictions on any or all of	18065
the certificates;	18066

(4) Reprimand the optometrist;

18067

(5) Impose a monetary penalty. If the reason for which the	18068
board is imposing the penalty involves a criminal offense that	18069
carries a fine under the Revised Code, the penalty shall not	18070
exceed the maximum fine that may be imposed for the criminal	18071
offense. In any other case, the penalty imposed by the board shall	18072
not exceed five hundred dollars.	18073

(6) Require the optometrist to take corrective action	18074
courses.	18075

The amount and content of corrective action courses shall be	18076
established by the board in rules adopted under section 4725.09 of	18077
the Revised Code.	18078

(B) The sanctions specified in division (A) of this section	18079
may be taken by the board for any of the following reasons:	18080

(1) Committing fraud in passing the licensing examination or	18081
making false or purposely misleading statements in an application	18082
for a certificate of licensure;	18083

(2) Being at any time guilty of immorality, regardless of the	18084
jurisdiction in which the act was committed;	18085

(3) Being guilty of dishonesty or unprofessional conduct in	18086
the practice of optometry;	18087

(4) Being at any time guilty of a felony, regardless of the	18088
jurisdiction in which the act was committed;	18089

(5) Being at any time guilty of a misdemeanor committed in	18090
the course of practice, regardless of the jurisdiction in which	18091
the act was committed;	18092

(6) Violating the conditions of any limitation or other	18093
restriction placed by the board on any certificate issued by the	18094
board;	18095

(7) Engaging in the practice of optometry as provided in	18096
division (A)(1), (2), or (3) of section 4725.01 of the Revised	18097
Code when the certificate authorizing that practice is under	18098
suspension, in which case the board shall permanently revoke the	18099
certificate;	18100

(8) Being denied a license to practice optometry in another	18101
state or country or being subject to any other sanction by the	18102
optometric licensing authority of another state or country, other	18103
than sanctions imposed for the nonpayment of fees;	18104

(9) Departing from or failing to conform to acceptable and	18105
prevailing standards of care in the practice of optometry as	18106
followed by similar practitioners under the same or similar	18107
circumstances, regardless of whether actual injury to a patient is	18108
established;	18109

(10) Failing to maintain comprehensive patient records;

18110

(11) Advertising a price of optical accessories, eye	18111
examinations, or other products or services by any means that	18112
would deceive or mislead the public;	18113

(12) Being addicted to the use of alcohol, stimulants,	18114
narcotics, or any other substance which impairs the intellect and	18115
judgment to such an extent as to hinder or diminish the	18116
performance of the duties included in the person's practice of	18117
optometry;	18118

(13) Engaging in the practice of optometry as provided in	18119
division (A)(2) or (3) of section 4725.01 of the Revised Code	18120
without authority to do so or, if authorized, in a manner	18121
inconsistent with the authority granted;	18122

(14) Failing to make a report to the board as required by	18123
division (A) of section 4725.21 or section 4725.31 of the Revised	18124
Code;	18125

(15) Soliciting patients from door to door or establishing	18126
temporary offices, in which case the board shall suspend all	18127
certificates held by the optometrist;	18128

(16) Failing to comply with section 4725.092 of the Revised	18129
Code, unless the state board of pharmacy no longer maintains a	18130
drug database pursuant to section 4729.75 of the Revised Code;	18131

(17) Except as provided in division (D) of this section:

18132

(a) Waiving the payment of all or any part of a deductible or	18133
copayment that a patient, pursuant to a health insurance or health	18134
care policy, contract, or plan that covers optometric services,	18135
would otherwise be required to pay if the waiver is used as an	18136
enticement to a patient or group of patients to receive health	18137
care services from that optometrist.	18138

(b) Advertising that the optometrist will waive the payment	18139
of all or any part of a deductible or copayment that a patient,	18140
pursuant to a health insurance or health care policy, contract, or	18141
plan that covers optometric services, would otherwise be required	18142
to pay.	18143

(C) Any person who is the holder of a certificate of	18144
licensure, or who is an applicant for a certificate of licensure	18145
against whom is preferred any charges, shall be furnished by the	18146
board with a copy of the complaint and shall have a hearing before	18147
the board in accordance with Chapter 119. of the Revised Code.	18148

(D) Sanctions shall not be imposed under division (B)~~(16)~~(17)	18149
of this section against any optometrist who waives deductibles and	18150
copayments:	18151

(1) In compliance with the health benefit plan that expressly	18152
allows such a practice. Waiver of the deductibles or copayments	18153
shall be made only with the full knowledge and consent of the plan	18154
purchaser, payer, and third-party administrator. Documentation of	18155
the consent shall be made available to the board upon request.	18156

(2) For professional services rendered to any other	18157
optometrist licensed by the board, to the extent allowed by	18158
sections 4725.01 to 4725.34 of the Revised Code and the rules of	18159
the board.	18160

Sec. 4729.12. An identification card issued by the state	18161
board of pharmacy under section 4729.08 of the Revised Code	18162
entitles the individual to whom it is issued to practice as a	18163
pharmacist or as a pharmacy intern in this state until the next	18164
annual renewal date.	18165

Identification cards shall be renewed annually on the	18166
fifteenth day of September, according to the standard renewal	18167
procedure of Chapter 4745. of the Revised Code.	18168

Each pharmacist and pharmacy intern shall carry the	18169
identification card or renewal identification card while engaged	18170
in the practice of pharmacy. The license shall be conspicuously	18171
exposed at the principal place where the pharmacist or pharmacy	18172
intern practices pharmacy.	18173

A pharmacist or pharmacy intern who desires to continue in	18174
the practice of pharmacy shall file with the board an application	18175
in such form and containing such data as the board may require for	18176
renewal of an identification card. An application filed under this	18177
section may not be withdrawn without the approval of the board. If	18178
the board finds that the applicant's card has not been revoked or	18179
placed under suspension and that the applicant has paid the	18180
renewal fee, has continued pharmacy education in accordance with	18181
the rules of the board, has been granted access to the drug	18182
database established and maintained by the board pursuant to	18183
section 4729.75 of the Revised Code (unless the board has	18184
restricted the applicant from obtaining any further information	18185
from the database or the board no longer maintains the database),	18186
and is entitled to continue in the practice of pharmacy, the board	18187
shall issue a renewal identification card to the applicant.	18188

When an identification card has lapsed for more than sixty	18189
days but application is made within three years after the	18190
expiration of the card, the applicant shall be issued a renewal	18191
identification card without further examination if the applicant	18192
meets the requirements of this section and pays the fee designated	18193
under division (E) of section 4729.15 of the Revised Code.	18194

Sec. 4729.54. (A) As used in this section ~~and section~~	18195
~~4729.541 of the Revised Code~~:	18196

(1) "Category I" means single-dose injections of intravenous	18197
fluids, including saline, Ringer's lactate, five per cent dextrose	18198
and distilled water, and other intravenous fluids or parenteral	18199
solutions included in this category by rule of the state board of	18200
pharmacy, that have a volume of one hundred milliliters or more	18201
and that contain no added substances, or single-dose injections of	18202
epinephrine to be administered pursuant to sections 4765.38 and	18203
4765.39 of the Revised Code.	18204

(2) "Category II" means any dangerous drug that is not	18205
included in category I or III.	18206

(3) "Category III" means any controlled substance that is	18207
contained in schedule I, II, III, IV, or V.	18208

(4) "Emergency medical service organization" has the same	18209
meaning as in section 4765.01 of the Revised Code.	18210

(5) "Person" includes an emergency medical service	18211
organization.	18212

(6) "Schedule I, schedule II, schedule III, schedule IV, and	18213
schedule V" mean controlled substance schedules I, II, III, IV,	18214
and V, respectively, as established pursuant to section 3719.41 of	18215
the Revised Code and as amended.	18216

(B)(1) A person who desires to be licensed as a terminal	18217
distributor of dangerous drugs shall file with the executive	18218
director of the state board of pharmacy a verified application.	18219
After it is filed, the application may not be withdrawn without	18220
approval of the board.	18221

(2) An application shall contain all the following that apply	18222
in the applicant's case:	18223

(a) Information that the board requires relative to the	18224
qualifications of a terminal distributor of dangerous drugs set	18225
forth in section 4729.55 of the Revised Code;	18226

(b) A statement that the person wishes to be licensed as a	18227
category I, category II, category III, limited category I, limited	18228
category II, or limited category III terminal distributor of	18229
dangerous drugs;	18230

(c) If the person wishes to be licensed as a limited category	18231
I, limited category II, or limited category III terminal	18232
distributor of dangerous drugs, a notarized list of the dangerous	18233
drugs that the person wishes to possess, have custody or control	18234
of, and distribute, which list shall also specify the purpose for	18235
which those drugs will be used and their source;	18236

(d) If the person is an emergency medical service	18237
organization, the information that is specified in division (C)(1)	18238
of this section;	18239

(e) Except for an emergency medical service organization, the	18240
identity of the one establishment or place at which the person	18241
intends to engage in the sale or other distribution of dangerous	18242
drugs at retail, and maintain possession, custody, or control of	18243
dangerous drugs for purposes other than the person's own use or	18244
consumption;	18245

(f) If the application pertains to a pain management clinic,	18246
information that demonstrates, to the satisfaction of the board,	18247
compliance with division (A) of section 4729.552 of the Revised	18248
Code.	18249

(C)(1) An emergency medical service organization that wishes	18250
to be licensed as a terminal distributor of dangerous drugs shall	18251
list in its application for licensure the following additional	18252
information:	18253

(a) The units under its control that the organization	18254
determines will possess dangerous drugs for the purpose of	18255
administering emergency medical services in accordance with	18256
Chapter 4765. of the Revised Code;	18257

(b) With respect to each such unit, whether the dangerous	18258
drugs that the organization determines the unit will possess are	18259
in category I, II, or III.	18260

(2) An emergency medical service organization that is	18261
licensed as a terminal distributor of dangerous drugs shall file a	18262
new application for such licensure if there is any change in the	18263
number, or location of, any of its units or any change in the	18264
category of the dangerous drugs that any unit will possess.	18265

(3) A unit listed in an application for licensure pursuant to	18266
division (C)(1) of this section may obtain the dangerous drugs it	18267
is authorized to possess from its emergency medical service	18268
organization or, on a replacement basis, from a hospital pharmacy.	18269
If units will obtain dangerous drugs from a hospital pharmacy, the	18270
organization shall file, and maintain in current form, the	18271
following items with the pharmacist who is responsible for the	18272
hospital's terminal distributor of dangerous drugs license:	18273

(a) A copy of its standing orders or protocol;

18274

(b) A list of the personnel employed or used by the	18275
organization to provide emergency medical services in accordance	18276
with Chapter 4765. of the Revised Code, who are authorized to	18277
possess the drugs, which list also shall indicate the personnel	18278
who are authorized to administer the drugs.	18279

(D) Each emergency medical service organization that applies	18280
for a terminal distributor of dangerous drugs license shall submit	18281
with its application the following:	18282

(1) A notarized copy of its standing orders or protocol,	18283
which orders or protocol shall be signed by a physician and	18284
specify the dangerous drugs that its units may carry, expressed in	18285
standard dose units;	18286

(2) A list of the personnel employed or used by the	18287
organization to provide emergency medical services in accordance	18288
with Chapter 4765. of the Revised Code.	18289

An emergency medical service organization that is licensed as	18290
a terminal distributor shall notify the board immediately of any	18291
changes in its standing orders or protocol.	18292

(E) There shall be six categories of terminal distributor of	18293
dangerous drugs licenses, which categories shall be as follows:	18294

(1) Category I license. A person who obtains this license may	18295
possess, have custody or control of, and distribute only the	18296
dangerous drugs described in category I.	18297

(2) Limited category I license. A person who obtains this	18298
license may possess, have custody or control of, and distribute	18299
only the dangerous drugs described in category I that were listed	18300
in the application for licensure.	18301

(3) Category II license. A person who obtains this license	18302
may possess, have custody or control of, and distribute only the	18303
dangerous drugs described in category I and category II.	18304

(4) Limited category II license. A person who obtains this	18305
license may possess, have custody or control of, and distribute	18306
only the dangerous drugs described in category I or category II	18307
that were listed in the application for licensure.	18308

(5) Category III license, which may include a pain management	18309
clinic classification issued under section 4729.552 of the Revised	18310
Code. A person who obtains this license may possess, have custody	18311
or control of, and distribute the dangerous drugs described in	18312
category I, category II, and category III. If the license includes	18313
a pain management clinic classification, the person may operate a	18314
pain management clinic.	18315

(6) Limited category III license. A person who obtains this	18316
license may possess, have custody or control of, and distribute	18317
only the dangerous drugs described in category I, category II, or	18318
category III that were listed in the application for licensure.	18319

(F) Except for an application made on behalf of an animal	18320
shelter, if an applicant for licensure as a limited category I,	18321
II, or III terminal distributor of dangerous drugs intends to	18322
administer dangerous drugs to a person or animal, the applicant	18323
shall submit, with the application, a notarized copy of its	18324
protocol or standing orders, which protocol or orders shall be	18325
signed by a licensed health professional authorized to prescribe	18326
drugs, specify the dangerous drugs to be administered, and list	18327
personnel who are authorized to administer the dangerous drugs in	18328
accordance with federal law or the law of this state. An	18329
application made on behalf of an animal shelter shall include a	18330
notarized list of the dangerous drugs to be administered to	18331
animals and the personnel who are authorized to administer the	18332
drugs to animals in accordance with section 4729.532 of the	18333
Revised Code. After obtaining a terminal distributor license, a	18334
licensee shall notify the board immediately of any changes in its	18335
protocol or standing orders, or in such personnel.	18336

(G)(1) Except as provided in division (G)(2) of this section,	18337
each applicant for licensure as a terminal distributor of	18338
dangerous drugs shall submit, with the application, a license fee	18339
determined as follows:	18340

(a) For a category I or limited category I license,	18341
forty-five dollars;	18342

(b) For a category II or limited category II license, one	18343
hundred twelve dollars and fifty cents;	18344

(c) For a category III license, including a license with a	18345
pain management clinic classification issued under section	18346
4729.552 of the Revised Code, or a limited category III license,	18347
one hundred fifty dollars.	18348

(2) For a professional association, corporation, partnership,	18349
or limited liability company organized for the purpose of	18350
practicing veterinary medicine, the fee shall be forty dollars.	18351

(3) Fees assessed under divisions (G)(1) and (2) of this	18352
section shall not be returned if the applicant fails to qualify	18353
for registration.	18354

(H)(1) The board shall issue a terminal distributor of	18355
dangerous drugs license to each person who submits an application	18356
for such licensure in accordance with this section, pays the	18357
required license fee, is determined by the board to meet the	18358
requirements set forth in section 4729.55 of the Revised Code, and	18359
satisfies any other applicable requirements of this section.	18360

(2) The license of a person other than an emergency medical	18361
service organization shall describe the one establishment or place	18362
at which the licensee may engage in the sale or other distribution	18363
of dangerous drugs at retail and maintain possession, custody, or	18364
control of dangerous drugs for purposes other than the licensee's	18365
own use or consumption. The one establishment or place shall be	18366
that which is described in the application for licensure.	18367

No such license shall authorize or permit the terminal	18368
distributor of dangerous drugs named in it to engage in the sale	18369
or other distribution of dangerous drugs at retail or to maintain	18370
possession, custody, or control of dangerous drugs for any purpose	18371
other than the distributor's own use or consumption, at any	18372
establishment or place other than that described in the license,	18373
except that an agent or employee of an animal shelter may possess	18374
and use dangerous drugs in the course of business as provided in	18375
division (D) of section 4729.532 of the Revised Code.	18376

(3) The license of an emergency medical service organization	18377
shall cover and describe all the units of the organization listed	18378
in its application for licensure.	18379

(4) The license of every terminal distributor of dangerous	18380
drugs shall indicate, on its face, the category of licensure. If	18381
the license is a limited category I, II, or III license, it shall	18382
specify, and shall authorize the licensee to possess, have custody	18383
or control of, and distribute only, the dangerous drugs that were	18384
listed in the application for licensure.	18385

(I) All licenses issued pursuant to this section shall be	18386
effective for a period of twelve months from the first day of	18387
~~January~~April of each year. A license shall be renewed by the	18388
board for a like period, annually, according to the provisions of	18389
this section, and the standard renewal procedure of Chapter 4745.	18390
of the Revised Code. A person who desires to renew a license shall	18391
submit an application for renewal and pay the required fee on or	18392
before the thirty-first day of ~~December~~March each year. The fee	18393
required for the renewal of a license shall be the same as the fee	18394
paid for the license being renewed, and shall accompany the	18395
application for renewal.	18396

A license that has not been renewed during ~~December~~March in	18397
any year and by the first day of ~~February~~May of the ~~following~~	18398
same year may be reinstated only upon payment of the required	18399
renewal fee and a penalty fee of fifty-five dollars.	18400

(J)(1) No emergency medical service organization that is	18401
licensed as a terminal distributor of dangerous drugs shall fail	18402
to comply with division (C)(2) or (3) of this section.	18403

(2) No emergency medical service organization that is	18404
licensed as a terminal distributor of dangerous drugs shall fail	18405
to comply with division (D) of this section.	18406

(3) No licensed terminal distributor of dangerous drugs shall	18407
possess, have custody or control of, or distribute dangerous drugs	18408
that the terminal distributor is not entitled to possess, have	18409
custody or control of, or distribute by virtue of its category of	18410
licensure.	18411

(4) No licensee that is required by division (F) of this	18412
section to notify the board of changes in its protocol or standing	18413
orders, or in personnel, shall fail to comply with that division.	18414

Sec. 4729.541. (A) Except as provided in ~~division~~divisions	18415
(B) and (C) of this section, a business entity described in	18416
division (B)(1)(j) or (k) of section 4729.51 of the Revised Code	18417
may possess, have custody or control of, and distribute the	18418
dangerous drugs in category I, category II, and category III of,	18419
as defined in section 4729.54 of the Revised Code, without holding	18420
a terminal distributor of dangerous drugs license issued under	18421
that section.	18422

(B) If a business entity described in division (B)(1)(j) or	18423
(k) of section 4729.51 of the Revised Code is a pain management	18424
clinic or is operating a pain management clinic, the entity shall	18425
hold a license as a terminal distributor of dangerous drugs with a	18426
pain management clinic classification issued under section	18427
4729.552 of the Revised Code.	18428

(C) Beginning April 1, 2015, a business entity described in	18429
division (B)(1)(j) or (k) of section 4729.51 of the Revised Code	18430
shall hold a license as a terminal distributor of dangerous drugs	18431
in order to possess, have custody or control of, and distribute	18432
dangerous drugs that are compounded or used for the purpose of	18433
compounding.	18434

Sec. 4729.65. (A) Except as provided in division (B) of this	18435
section, all receipts of the state board of pharmacy, from any	18436
source, shall be deposited into the state treasury to the credit	18437
of the occupational licensing and regulatory fund. All vouchers of	18438
the board shall be approved by the president or executive director	18439
of the board, or both, as authorized by the board. All initial	18440
issuance fees and renewal fees required by sections 4729.01 to	18441
4729.54 of the Revised Code shall be payable by the applicant at	18442
the time of making application.	18443

(B)(1) There is hereby created in the state treasury the	18444
board of pharmacy drug law enforcement fund. All moneys that are	18445
derived from any fines, mandatory fines, or forfeited bail to	18446
which the board may be entitled under Chapter 2925., division (C)	18447
of section 2923.42, or division (B) of section 2925.42 of the	18448
Revised Code and all moneys that are derived from forfeitures of	18449
property to which the board may be entitled pursuant to Chapter	18450
2925. or 2981. of the Revised Code, any other provision of the	18451
Revised Code, or federal law shall be deposited into the fund.	18452
Subject to division (B)(2) of this section, division (B) of	18453
section 2923.44, and divisions (B), (C), and (D) of section	18454
2981.13 of the Revised Code, the moneys in the fund shall be used	18455
solely to subsidize the drug law enforcement efforts of the board.	18456

(2) Notwithstanding any contrary provision in the Revised	18457
Code, moneys that are derived from forfeitures of property	18458
pursuant to federal law and that are deposited into the board of	18459
pharmacy drug law enforcement fund in accordance with division	18460
(B)(1) of this section shall be used and accounted for in	18461
accordance with the applicable federal law, and the board	18462
otherwise shall comply with that law in connection with the	18463
moneys.	18464

(C) All fines and forfeited bonds assessed and collected	18465
under prosecution or prosecution commenced in the enforcement of	18466
this chapter shall be paid to the executive director of the board	18467
within thirty days and by the executive director paid into the	18468
state treasury to the credit of the occupational licensing and	18469
regulatory fund. ~~The~~	18470

(D)(1) Except as provided in divisions (D)(2) and (3) of this	18471
section, the board, subject to the approval of the controlling	18472
board ~~and except for fees required to be established by the board~~	18473
~~at amounts "adequate" to cover designated expenses~~, may establish	18474
fees in excess of the amounts provided by this chapter, provided	18475
that such fees do not exceed the amounts permitted by this chapter	18476
by more than fifty per cent.	18477

(2) Division (D)(1) of this section does not apply to fees	18478
required by this chapter to be established at amounts adequate to	18479
cover designated expenses.	18480

(3) Fees established under division (D)(1) of this section or	18481
described in division (D)(2) of this section are subject to the	18482
limitation on fee increases specified in division (A) of section	18483
4729.83 of the Revised Code.	18484

Sec. 4729.80. (A) If the state board of pharmacy establishes	18485
and maintains a drug database pursuant to section 4729.75 of the	18486
Revised Code, the board is authorized or required to provide	18487
information from the database in accordance with the following:	18488

(1) On receipt of a request from a designated representative	18489
of a government entity responsible for the licensure, regulation,	18490
or discipline of health care professionals with authority to	18491
prescribe, administer, or dispense drugs, the board may provide to	18492
the representative information from the database relating to the	18493
professional who is the subject of an active investigation being	18494
conducted by the government entity.	18495

(2) On receipt of a request from a federal officer, or a	18496
state or local officer of this or any other state, whose duties	18497
include enforcing laws relating to drugs, the board shall provide	18498
to the officer information from the database relating to the	18499
person who is the subject of an active investigation of a drug	18500
abuse offense, as defined in section 2925.01 of the Revised Code,	18501
being conducted by the officer's employing government entity.	18502

(3) Pursuant to a subpoena issued by a grand jury, the board	18503
shall provide to the grand jury information from the database	18504
relating to the person who is the subject of an investigation	18505
being conducted by the grand jury.	18506

(4) Pursuant to a subpoena, search warrant, or court order in	18507
connection with the investigation or prosecution of a possible or	18508
alleged criminal offense, the board shall provide information from	18509
the database as necessary to comply with the subpoena, search	18510
warrant, or court order.	18511

(5) On receipt of a request from a prescriber or the	18512
prescriber's delegate approved by the board, the board ~~may~~shall	18513
provide to the prescriber a report of information from the	18514
database relating to a patient who is either ~~of the following~~a	18515
current patient of the prescriber or a potential patient of the	18516
prescriber based on a referral of the patient to the prescriber,	18517
if ~~the prescriber certifies in a form specified by the board that~~	18518
~~it is for the purpose of providing medical treatment to the~~	18519
~~patient who is the subject of the request~~all of the following	18520
conditions are met:	18521

(a) ~~A current patient of the prescriber~~The prescriber	18522
certifies in a form specified by the board that it is for the	18523
purpose of providing medical treatment to the patient who is the	18524
subject of the request;	18525

(b) ~~A potential patient of the prescriber based on a referral~~	18526
~~of the patient to the prescriber~~The prescriber has not been	18527
denied access to the database by the board.	18528

(6) On receipt of a request from a pharmacist or the	18529
pharmacist's delegate approved by the board, the board ~~may~~shall	18530
provide to the pharmacist information from the database relating	18531
to a current patient of the pharmacist, if the pharmacist	18532
certifies in a form specified by the board that it is for the	18533
purpose of the pharmacist's practice of pharmacy involving the	18534
patient who is the subject of the request and the pharmacist has	18535
not been denied access to the database by the board.	18536

(7) On receipt of a request from an individual seeking the	18537
individual's own database information in accordance with the	18538
procedure established in rules adopted under section 4729.84 of	18539
the Revised Code, the board may provide to the individual the	18540
individual's own database information.	18541

(8) On receipt of a request from the medical director of a	18542
managed care organization that has entered into a contract with	18543
the department of medicaid under section 5167.10 of the Revised	18544
Code and a data security agreement with the board required by	18545
section 5167.14 of the Revised Code, the board shall provide to	18546
the medical director information from the database relating to a	18547
medicaid recipient enrolled in the managed care organization,	18548
including information in the database related to prescriptions for	18549
the recipient that were not covered or reimbursed under a program	18550
administered by the department of medicaid.	18551

(9) On receipt of a request from the medicaid director, the	18552
board shall provide to the director information from the database	18553
relating to a recipient of a program administered by the	18554
department of medicaid, including information in the database	18555
related to prescriptions for the recipient that were not covered	18556
or paid by a program administered by the department.	18557

(10) On receipt of a request from the medical director of a	18558
managed care organization that has entered into a contract with	18559
the administrator of workers' compensation under division (B)(4)	18560
of section 4121.44 of the Revised Code and a data security	18561
agreement with the board required by section 4121.443 of the	18562
Revised Code, the board shall provide to the medical director	18563
information from the database relating to a claimant under Chapter	18564
4121., 4123., 4127., or 4131. of the Revised Code assigned to the	18565
managed care organization, including information in the database	18566
related to prescriptions for the claimant that were not covered or	18567
reimbursed under Chapter 4121., 4123., 4127., or 4131. of the	18568
Revised Code, if the administrator of workers' compensation	18569
confirms, upon request from the board, that the claimant is	18570
assigned to the managed care organization.	18571

(11) On receipt of a request from the administrator of	18572
workers' compensation, the board ~~may~~shall provide to the	18573
administrator information from the database relating to a claimant	18574
under Chapter 4121., 4123., 4127., or 4131. of the Revised Code,	18575
including information in the database related to prescriptions for	18576
the claimant that were not covered or reimbursed under Chapter	18577
4121., 4123., 4127., or 4131. of the Revised Code.	18578

~~(11)~~(12) On receipt of a request from a prescriber or the	18579
prescriber's delegate approved by the board, the board shall	18580
provide to the prescriber information from the database relating	18581
to a patient's mother, if the prescriber certifies in a form	18582
specified by the board that it is for the purpose of providing	18583
medical treatment to a newborn or infant patient diagnosed as	18584
opioid dependent and the prescriber has not been denied access to	18585
the database by the board.	18586

(13) On receipt of a request from a requestor described in	18587
division (A)(1), (2), (5), or (6) of this section who is from or	18588
participating with another state's prescription monitoring	18589
program, the board may provide to the requestor information from	18590
the database, but only if there is a written agreement under which	18591
the information is to be used and disseminated according to the	18592
laws of this state.	18593

(B) The state board of pharmacy shall maintain a record of	18594
each individual or entity that requests information from the	18595
database pursuant to this section. In accordance with rules	18596
adopted under section 4729.84 of the Revised Code, the board may	18597
use the records to document and report statistics and law	18598
enforcement outcomes.	18599

The board may provide records of an individual's requests for	18600
database information to the following:	18601

(1) A designated representative of a government entity that	18602
is responsible for the licensure, regulation, or discipline of	18603
health care professionals with authority to prescribe, administer,	18604
or dispense drugs who is involved in an active investigation being	18605
conducted by the government entity of the individual who submitted	18606
the requests for database information;	18607

(2) A federal officer, or a state or local officer of this or	18608
any other state, whose duties include enforcing laws relating to	18609
drugs and who is involved in an active investigation being	18610
conducted by the officer's employing government entity of the	18611
individual who submitted the requests for database information.	18612

(C) Information contained in the database and any information	18613
obtained from it is not a public record. Information contained in	18614
the records of requests for information from the database is not a	18615
public record. Information that does not identify a person may be	18616
released in summary, statistical, or aggregate form.	18617

(D) A pharmacist or prescriber shall not be held liable in	18618
damages to any person in any civil action for injury, death, or	18619
loss to person or property on the basis that the pharmacist or	18620
prescriber did or did not seek or obtain information from the	18621
database.	18622

Sec. 4729.83. (A) If the state board of pharmacy establishes	18623
and maintains a drug database pursuant to section 4729.75 of the	18624
Revised Code, the board may use, for the purpose of establishing	18625
or maintaining the database, any portion of the fees collected	18626
under section 4729.15, 4729.52, or 4729.54 of the Revised Code for	18627
the licensing or registration of pharmacists, pharmacy interns,	18628
wholesale distributors of dangerous drugs, or terminal	18629
distributors of dangerous drugs. The board shall not increase the	18630
amount of any of those fees solely for the purpose of establishing	18631
or maintaining the database.	18632

The board shall not impose any charge on a ~~terminal~~	18633
~~distributor of dangerous drugs, pharmacist, or~~ prescriber for the	18634
establishment or maintenance of the database. The board shall not	18635
charge any fees for the transmission of data to the database or	18636
for the receipt of information from the database, except that the	18637
board may charge a fee in accordance with rules adopted under	18638
section 4729.84 of the Revised Code to an individual who requests	18639
the individual's own database information under section 4729.80 of	18640
the Revised Code.	18641

(B) The board may accept grants, gifts, or donations for	18642
purposes of the drug database. Any money received shall be	18643
deposited into the state treasury to the credit of the drug	18644
database fund, which is hereby created. Money in the fund shall be	18645
used solely for purposes of the drug database.	18646

Sec. 4729.86. If the state board of pharmacy establishes and	18647
maintains a drug database pursuant to section 4729.75 of the	18648
Revised Code, all of the following apply:	18649

(A)(1) No person identified in divisions (A)(1) to ~~(10)~~(12)	18650
or (B) of section 4729.80 of the Revised Code shall disseminate	18651
any written or electronic information the person receives from the	18652
drug database or otherwise provide another person access to the	18653
information that the person receives from the database, except as	18654
follows:	18655

(a) When necessary in the investigation or prosecution of a	18656
possible or alleged criminal offense;	18657

(b) When a person provides the information to the prescriber	18658
or pharmacist for whom the person is approved by the board to	18659
serve as a delegate of the prescriber or pharmacist for purposes	18660
of requesting and receiving information from the drug database	18661
under division (A)(5) or (6) of section 4729.80 of the Revised	18662
Code;	18663

(c) When a prescriber or pharmacist provides the information	18664
to a person who is approved by the board to serve as such a	18665
delegate of the prescriber or pharmacist.	18666

(2) No person shall provide false information to the state	18667
board of pharmacy with the intent to obtain or alter information	18668
contained in the drug database.	18669

(3) No person shall obtain drug database information by any	18670
means except as provided under section 4729.80 or 4729.81 of the	18671
Revised Code.	18672

(B) A person shall not use information obtained pursuant to	18673
division (A) of section 4729.80 of the Revised Code as evidence in	18674
any civil or administrative proceeding.	18675

(C)(1) ~~The~~Except as provided in division (C)(2) of this	18676
section, after providing notice and affording an opportunity for a	18677
hearing in accordance with Chapter 119. of the Revised Code, the	18678
board may restrict a person from obtaining further information	18679
from the drug database if any of the following is the case:	18680

(a) The person violates division (A)(1), (2), or (3) of this	18681
section;	18682

(b) The person is a requestor identified in division	18683
(A)~~(11)~~(13) of section 4729.80 of the Revised Code and the board	18684
determines that the person's actions in another state would have	18685
constituted a violation of division (A)(1), (2), or (3) of this	18686
section;	18687

(c) The person fails to comply with division (B) of this	18688
section, regardless of the jurisdiction in which the failure to	18689
comply occurred;	18690

(d) The person creates, by clear and convincing evidence, a	18691
threat to the security of information contained in the database.	18692

(2) If the board determines that allegations regarding a	18693
person's actions warrant restricting the person from obtaining	18694
further information from the drug database without a prior	18695
hearing, the board may summarily impose the restriction. A	18696
telephone conference call may be used for reviewing the	18697
allegations and taking a vote on the summary restriction. The	18698
summary restriction shall remain in effect, unless removed by the	18699
board, until the board's final adjudication order becomes	18700
effective.	18701

(3) The board shall determine the extent to which the person	18702
is restricted from obtaining further information from the	18703
database.	18704

Sec. 4729.861. If the state board of pharmacy establishes	18705
and maintains a drug database pursuant to section 4729.75 of the	18706
Revised Code and if the board restricts a prescriber from	18707
obtaining further information from the database pursuant to	18708
division (C) of section 4729.86 of the Revised Code, the board	18709
shall notify the government entity responsible for licensing the	18710
prescriber.	18711

Sec. 4730.093. When a physician assistant orders a test for	18712
the presence of Lyme disease in a patient, the physician assistant	18713
or physician assistant's delegate shall provide to the patient or	18714
patient's representative a written notice with the following	18715
information:	18716

"Your health care provider has ordered a test for the	18717
presence of Lyme disease. Current testing for Lyme disease can be	18718
problematic and may lead to false results. If you are tested for	18719
Lyme disease and the results are positive, this does not	18720
necessarily mean that you have contracted Lyme disease. In the	18721
alternative, if the results are negative, this does not	18722
necessarily mean that you have not contracted Lyme disease. If you	18723
continue to experience symptoms or have other health concerns, you	18724
should contact your health care provider and inquire about the	18725
appropriateness of additional testing or treatment."	18726

The physician assistant or physician assistant's delegate	18727
shall obtain a signature from the patient or patient's	18728
representative indicating receipt of the notice. The document	18729
containing the signature shall be kept in the patient's record.	18730

Sec. 4730.25. (A) The state medical board, by an affirmative	18731
vote of not fewer than six members, may revoke or may refuse to	18732
grant a certificate to practice as a physician assistant or a	18733
certificate to prescribe to a person found by the board to have	18734
committed fraud, misrepresentation, or deception in applying for	18735
or securing the certificate.	18736

(B) The board, by an affirmative vote of not fewer than six	18737
members, shall, to the extent permitted by law, limit, revoke, or	18738
suspend an individual's certificate to practice as a physician	18739
assistant or certificate to prescribe, refuse to issue a	18740
certificate to an applicant, refuse to reinstate a certificate, or	18741
reprimand or place on probation the holder of a certificate for	18742
any of the following reasons:	18743

(1) Failure to practice in accordance with the conditions	18744
under which the supervising physician's supervision agreement with	18745
the physician assistant was approved, including the requirement	18746
that when practicing under a particular supervising physician, the	18747
physician assistant must practice only according to the physician	18748
supervisory plan the board approved for that physician or the	18749
policies of the health care facility in which the supervising	18750
physician and physician assistant are practicing;	18751

(2) Failure to comply with the requirements of this chapter,	18752
Chapter 4731. of the Revised Code, or any rules adopted by the	18753
board;	18754

(3) Violating or attempting to violate, directly or	18755
indirectly, or assisting in or abetting the violation of, or	18756
conspiring to violate, any provision of this chapter, Chapter	18757
4731. of the Revised Code, or the rules adopted by the board;	18758

(4) Inability to practice according to acceptable and	18759
prevailing standards of care by reason of mental illness or	18760
physical illness, including physical deterioration that adversely	18761
affects cognitive, motor, or perceptive skills;	18762

(5) Impairment of ability to practice according to acceptable	18763
and prevailing standards of care because of habitual or excessive	18764
use or abuse of drugs, alcohol, or other substances that impair	18765
ability to practice;	18766

(6) Administering drugs for purposes other than those	18767
authorized under this chapter;	18768

(7) Willfully betraying a professional confidence;

18769

(8) Making a false, fraudulent, deceptive, or misleading	18770
statement in soliciting or advertising for employment as a	18771
physician assistant; in connection with any solicitation or	18772
advertisement for patients; in relation to the practice of	18773
medicine as it pertains to physician assistants; or in securing or	18774
attempting to secure a certificate to practice as a physician	18775
assistant, a certificate to prescribe, or approval of a	18776
supervision agreement.	18777

As used in this division, "false, fraudulent, deceptive, or	18778
misleading statement" means a statement that includes a	18779
misrepresentation of fact, is likely to mislead or deceive because	18780
of a failure to disclose material facts, is intended or is likely	18781
to create false or unjustified expectations of favorable results,	18782
or includes representations or implications that in reasonable	18783
probability will cause an ordinarily prudent person to	18784
misunderstand or be deceived.	18785

(9) Representing, with the purpose of obtaining compensation	18786
or other advantage personally or for any other person, that an	18787
incurable disease or injury, or other incurable condition, can be	18788
permanently cured;	18789

(10) The obtaining of, or attempting to obtain, money or	18790
anything of value by fraudulent misrepresentations in the course	18791
of practice;	18792

(11) A plea of guilty to, a judicial finding of guilt of, or	18793
a judicial finding of eligibility for intervention in lieu of	18794
conviction for, a felony;	18795

(12) Commission of an act that constitutes a felony in this	18796
state, regardless of the jurisdiction in which the act was	18797
committed;	18798

(13) A plea of guilty to, a judicial finding of guilt of, or	18799
a judicial finding of eligibility for intervention in lieu of	18800
conviction for, a misdemeanor committed in the course of practice;	18801

(14) A plea of guilty to, a judicial finding of guilt of, or	18802
a judicial finding of eligibility for intervention in lieu of	18803
conviction for, a misdemeanor involving moral turpitude;	18804

(15) Commission of an act in the course of practice that	18805
constitutes a misdemeanor in this state, regardless of the	18806
jurisdiction in which the act was committed;	18807

(16) Commission of an act involving moral turpitude that	18808
constitutes a misdemeanor in this state, regardless of the	18809
jurisdiction in which the act was committed;	18810

(17) A plea of guilty to, a judicial finding of guilt of, or	18811
a judicial finding of eligibility for intervention in lieu of	18812
conviction for violating any state or federal law regulating the	18813
possession, distribution, or use of any drug, including	18814
trafficking in drugs;	18815

(18) Any of the following actions taken by the state agency	18816
responsible for regulating the practice of physician assistants in	18817
another state, for any reason other than the nonpayment of fees:	18818
the limitation, revocation, or suspension of an individual's	18819
license to practice; acceptance of an individual's license	18820
surrender; denial of a license; refusal to renew or reinstate a	18821
license; imposition of probation; or issuance of an order of	18822
censure or other reprimand;	18823

(19) A departure from, or failure to conform to, minimal	18824
standards of care of similar physician assistants under the same	18825
or similar circumstances, regardless of whether actual injury to a	18826
patient is established;	18827

(20) Violation of the conditions placed by the board on a	18828
certificate to practice as a physician assistant, a certificate to	18829
prescribe, a physician supervisory plan, or supervision agreement;	18830

(21) Failure to use universal blood and body fluid	18831
precautions established by rules adopted under section 4731.051 of	18832
the Revised Code;	18833

(22) Failure to cooperate in an investigation conducted by	18834
the board under section 4730.26 of the Revised Code, including	18835
failure to comply with a subpoena or order issued by the board or	18836
failure to answer truthfully a question presented by the board at	18837
a deposition or in written interrogatories, except that failure to	18838
cooperate with an investigation shall not constitute grounds for	18839
discipline under this section if a court of competent jurisdiction	18840
has issued an order that either quashes a subpoena or permits the	18841
individual to withhold the testimony or evidence in issue;	18842

(23) Assisting suicide as defined in section 3795.01 of the	18843
Revised Code;	18844

(24) Prescribing any drug or device to perform or induce an	18845
abortion, or otherwise performing or inducing an abortion;	18846

(25) Failure to comply with section 4730.53 of the Revised	18847
Code, unless the board no longer maintains a drug database	18848
pursuant to section 4729.75 of the Revised Code.	18849

(C) Disciplinary actions taken by the board under divisions	18850
(A) and (B) of this section shall be taken pursuant to an	18851
adjudication under Chapter 119. of the Revised Code, except that	18852
in lieu of an adjudication, the board may enter into a consent	18853
agreement with a physician assistant or applicant to resolve an	18854
allegation of a violation of this chapter or any rule adopted	18855
under it. A consent agreement, when ratified by an affirmative	18856
vote of not fewer than six members of the board, shall constitute	18857
the findings and order of the board with respect to the matter	18858
addressed in the agreement. If the board refuses to ratify a	18859
consent agreement, the admissions and findings contained in the	18860
consent agreement shall be of no force or effect.	18861

(D) For purposes of divisions (B)(12), (15), and (16) of this	18862
section, the commission of the act may be established by a finding	18863
by the board, pursuant to an adjudication under Chapter 119. of	18864
the Revised Code, that the applicant or certificate holder	18865
committed the act in question. The board shall have no	18866
jurisdiction under these divisions in cases where the trial court	18867
renders a final judgment in the certificate holder's favor and	18868
that judgment is based upon an adjudication on the merits. The	18869
board shall have jurisdiction under these divisions in cases where	18870
the trial court issues an order of dismissal upon technical or	18871
procedural grounds.	18872

(E) The sealing of conviction records by any court shall have	18873
no effect upon a prior board order entered under the provisions of	18874
this section or upon the board's jurisdiction to take action under	18875
the provisions of this section if, based upon a plea of guilty, a	18876
judicial finding of guilt, or a judicial finding of eligibility	18877
for intervention in lieu of conviction, the board issued a notice	18878
of opportunity for a hearing prior to the court's order to seal	18879
the records. The board shall not be required to seal, destroy,	18880
redact, or otherwise modify its records to reflect the court's	18881
sealing of conviction records.	18882

(F) For purposes of this division, any individual who holds a	18883
certificate issued under this chapter, or applies for a	18884
certificate issued under this chapter, shall be deemed to have	18885
given consent to submit to a mental or physical examination when	18886
directed to do so in writing by the board and to have waived all	18887
objections to the admissibility of testimony or examination	18888
reports that constitute a privileged communication.	18889

(1) In enforcing division (B)(4) of this section, the board,	18890
upon a showing of a possible violation, may compel any individual	18891
who holds a certificate issued under this chapter or who has	18892
applied for a certificate pursuant to this chapter to submit to a	18893
mental examination, physical examination, including an HIV test,	18894
or both a mental and physical examination. The expense of the	18895
examination is the responsibility of the individual compelled to	18896
be examined. Failure to submit to a mental or physical examination	18897
or consent to an HIV test ordered by the board constitutes an	18898
admission of the allegations against the individual unless the	18899
failure is due to circumstances beyond the individual's control,	18900
and a default and final order may be entered without the taking of	18901
testimony or presentation of evidence. If the board finds a	18902
physician assistant unable to practice because of the reasons set	18903
forth in division (B)(4) of this section, the board shall require	18904
the physician assistant to submit to care, counseling, or	18905
treatment by physicians approved or designated by the board, as a	18906
condition for an initial, continued, reinstated, or renewed	18907
certificate. An individual affected under this division shall be	18908
afforded an opportunity to demonstrate to the board the ability to	18909
resume practicing in compliance with acceptable and prevailing	18910
standards of care.	18911

(2) For purposes of division (B)(5) of this section, if the	18912
board has reason to believe that any individual who holds a	18913
certificate issued under this chapter or any applicant for a	18914
certificate suffers such impairment, the board may compel the	18915
individual to submit to a mental or physical examination, or both.	18916
The expense of the examination is the responsibility of the	18917
individual compelled to be examined. Any mental or physical	18918
examination required under this division shall be undertaken by a	18919
treatment provider or physician qualified to conduct such	18920
examination and chosen by the board.	18921

Failure to submit to a mental or physical examination ordered	18922
by the board constitutes an admission of the allegations against	18923
the individual unless the failure is due to circumstances beyond	18924
the individual's control, and a default and final order may be	18925
entered without the taking of testimony or presentation of	18926
evidence. If the board determines that the individual's ability to	18927
practice is impaired, the board shall suspend the individual's	18928
certificate or deny the individual's application and shall require	18929
the individual, as a condition for initial, continued, reinstated,	18930
or renewed certification to practice or prescribe, to submit to	18931
treatment.	18932

Before being eligible to apply for reinstatement of a	18933
certificate suspended under this division, the physician assistant	18934
shall demonstrate to the board the ability to resume practice or	18935
prescribing in compliance with acceptable and prevailing standards	18936
of care. The demonstration shall include the following:	18937

(a) Certification from a treatment provider approved under	18938
section 4731.25 of the Revised Code that the individual has	18939
successfully completed any required inpatient treatment;	18940

(b) Evidence of continuing full compliance with an aftercare	18941
contract or consent agreement;	18942

(c) Two written reports indicating that the individual's	18943
ability to practice has been assessed and that the individual has	18944
been found capable of practicing according to acceptable and	18945
prevailing standards of care. The reports shall be made by	18946
individuals or providers approved by the board for making such	18947
assessments and shall describe the basis for their determination.	18948

The board may reinstate a certificate suspended under this	18949
division after such demonstration and after the individual has	18950
entered into a written consent agreement.	18951

When the impaired physician assistant resumes practice or	18952
prescribing, the board shall require continued monitoring of the	18953
physician assistant. The monitoring shall include compliance with	18954
the written consent agreement entered into before reinstatement or	18955
with conditions imposed by board order after a hearing, and, upon	18956
termination of the consent agreement, submission to the board for	18957
at least two years of annual written progress reports made under	18958
penalty of falsification stating whether the physician assistant	18959
has maintained sobriety.	18960

(G) If the secretary and supervising member determine that	18961
there is clear and convincing evidence that a physician assistant	18962
has violated division (B) of this section and that the	18963
individual's continued practice or prescribing presents a danger	18964
of immediate and serious harm to the public, they may recommend	18965
that the board suspend the individual's certificate to practice or	18966
prescribe without a prior hearing. Written allegations shall be	18967
prepared for consideration by the board.	18968

The board, upon review of those allegations and by an	18969
affirmative vote of not fewer than six of its members, excluding	18970
the secretary and supervising member, may suspend a certificate	18971
without a prior hearing. A telephone conference call may be	18972
utilized for reviewing the allegations and taking the vote on the	18973
summary suspension.	18974

The board shall issue a written order of suspension by	18975
certified mail or in person in accordance with section 119.07 of	18976
the Revised Code. The order shall not be subject to suspension by	18977
the court during pendency of any appeal filed under section 119.12	18978
of the Revised Code. If the physician assistant requests an	18979
adjudicatory hearing by the board, the date set for the hearing	18980
shall be within fifteen days, but not earlier than seven days,	18981
after the physician assistant requests the hearing, unless	18982
otherwise agreed to by both the board and the certificate holder.	18983

A summary suspension imposed under this division shall remain	18984
in effect, unless reversed on appeal, until a final adjudicative	18985
order issued by the board pursuant to this section and Chapter	18986
119. of the Revised Code becomes effective. The board shall issue	18987
its final adjudicative order within sixty days after completion of	18988
its hearing. Failure to issue the order within sixty days shall	18989
result in dissolution of the summary suspension order, but shall	18990
not invalidate any subsequent, final adjudicative order.	18991

(H) If the board takes action under division (B)(11), (13),	18992
or (14) of this section, and the judicial finding of guilt, guilty	18993
plea, or judicial finding of eligibility for intervention in lieu	18994
of conviction is overturned on appeal, upon exhaustion of the	18995
criminal appeal, a petition for reconsideration of the order may	18996
be filed with the board along with appropriate court documents.	18997
Upon receipt of a petition and supporting court documents, the	18998
board shall reinstate the certificate to practice or prescribe.	18999
The board may then hold an adjudication under Chapter 119. of the	19000
Revised Code to determine whether the individual committed the act	19001
in question. Notice of opportunity for hearing shall be given in	19002
accordance with Chapter 119. of the Revised Code. If the board	19003
finds, pursuant to an adjudication held under this division, that	19004
the individual committed the act, or if no hearing is requested,	19005
it may order any of the sanctions identified under division (B) of	19006
this section.	19007

(I) The certificate to practice issued to a physician	19008
assistant and the physician assistant's practice in this state are	19009
automatically suspended as of the date the physician assistant	19010
pleads guilty to, is found by a judge or jury to be guilty of, or	19011
is subject to a judicial finding of eligibility for intervention	19012
in lieu of conviction in this state or treatment or intervention	19013
in lieu of conviction in another state for any of the following	19014
criminal offenses in this state or a substantially equivalent	19015
criminal offense in another jurisdiction: aggravated murder,	19016
murder, voluntary manslaughter, felonious assault, kidnapping,	19017
rape, sexual battery, gross sexual imposition, aggravated arson,	19018
aggravated robbery, or aggravated burglary. Continued practice	19019
after the suspension shall be considered practicing without a	19020
certificate.	19021

The board shall notify the individual subject to the	19022
suspension by certified mail or in person in accordance with	19023
section 119.07 of the Revised Code. If an individual whose	19024
certificate is suspended under this division fails to make a	19025
timely request for an adjudication under Chapter 119. of the	19026
Revised Code, the board shall enter a final order permanently	19027
revoking the individual's certificate to practice.	19028

(J) In any instance in which the board is required by Chapter	19029
119. of the Revised Code to give notice of opportunity for hearing	19030
and the individual subject to the notice does not timely request a	19031
hearing in accordance with section 119.07 of the Revised Code, the	19032
board is not required to hold a hearing, but may adopt, by an	19033
affirmative vote of not fewer than six of its members, a final	19034
order that contains the board's findings. In that final order, the	19035
board may order any of the sanctions identified under division (A)	19036
or (B) of this section.	19037

(K) Any action taken by the board under division (B) of this	19038
section resulting in a suspension shall be accompanied by a	19039
written statement of the conditions under which the physician	19040
assistant's certificate may be reinstated. The board shall adopt	19041
rules in accordance with Chapter 119. of the Revised Code	19042
governing conditions to be imposed for reinstatement.	19043
Reinstatement of a certificate suspended pursuant to division (B)	19044
of this section requires an affirmative vote of not fewer than six	19045
members of the board.	19046

(L) When the board refuses to grant to an applicant a	19047
certificate to practice as a physician assistant or a certificate	19048
to prescribe, revokes an individual's certificate, refuses to	19049
issue a certificate, or refuses to reinstate an individual's	19050
certificate, the board may specify that its action is permanent.	19051
An individual subject to a permanent action taken by the board is	19052
forever thereafter ineligible to hold the certificate and the	19053
board shall not accept an application for reinstatement of the	19054
certificate or for issuance of a new certificate.	19055

(M) Notwithstanding any other provision of the Revised Code,	19056
all of the following apply:	19057

(1) The surrender of a certificate issued under this chapter	19058
is not effective unless or until accepted by the board.	19059
Reinstatement of a certificate surrendered to the board requires	19060
an affirmative vote of not fewer than six members of the board.	19061

(2) An application made under this chapter for a certificate,	19062
approval of a physician supervisory plan, or approval of a	19063
supervision agreement may not be withdrawn without approval of the	19064
board.	19065

(3) Failure by an individual to renew a certificate in	19066
accordance with section 4730.14 or section 4730.48 of the Revised	19067
Code shall not remove or limit the board's jurisdiction to take	19068
disciplinary action under this section against the individual.	19069

Sec. 4730.48. (A)(1) Except in the case of a provisional	19070
certificate to prescribe, a physician assistant's certificate to	19071
prescribe expires on the same date as the physician assistant's	19072
certificate to practice as a physician assistant, as provided in	19073
section 4730.14 of the Revised Code. The certificate to prescribe	19074
may be renewed in accordance with this section.	19075

(2) A person seeking to renew a certificate to prescribe	19076
shall, on or before the thirty-first day of January of each	19077
even-numbered year, apply for renewal of the certificate. The	19078
state medical board shall send renewal notices at least one month	19079
prior to the expiration date. The notice may be sent as part of	19080
the notice sent for renewal of the certificate to practice.	19081

(3) Applications for renewal shall be submitted to the board	19082
on forms the board shall prescribe and furnish. An application for	19083
renewal of a certificate to prescribe may be submitted in	19084
conjunction with an application for renewal of a certificate to	19085
practice.	19086

(4)(a) Except as provided in division (A)(4)(b) of this	19087
section, in the case of an applicant who prescribes opioid	19088
analgesics or benzodiazepines, the applicant shall certify to the	19089
board whether the applicant has been granted access to the drug	19090
database established and maintained by the state board of pharmacy	19091
pursuant to section 4729.75 of the Revised Code.	19092

(b) The requirement in division (A)(4)(a) of this section	19093
does not apply if either of the following is the case:	19094

(i) The state board of pharmacy notifies the state medical	19095
board pursuant to section 4729.861 of the Revised Code that the	19096
applicant has been restricted from obtaining further information	19097
from the drug database.	19098

(ii) The state board of pharmacy no longer maintains the drug	19099
database.	19100

(c) If an applicant certifies to the state medical board that	19101
the applicant has been granted access to the drug database and the	19102
board finds through an audit or other means that the applicant has	19103
not been granted access, the board may take action under section	19104
4730.25 of the Revised Code.	19105

(5) Each application for renewal of a certificate to	19106
prescribe shall be accompanied by a biennial renewal fee of fifty	19107
dollars. The board shall deposit the fees in accordance with	19108
section 4731.24 of the Revised Code.	19109

(6) The applicant shall report any criminal offense that	19110
constitutes grounds under section 4730.25 of the Revised Code for	19111
refusing to issue a certificate to prescribe to which the	19112
applicant has pleaded guilty, of which the applicant has been	19113
found guilty, or for which the applicant has been found eligible	19114
for intervention in lieu of conviction, since last signing an	19115
application for a certificate to prescribe.	19116

(B) The board shall review all renewal applications received.	19117
If an applicant submits a complete renewal application and meets	19118
the requirements for renewal specified in section 4730.49 of the	19119
Revised Code, the board shall issue to the applicant a renewed	19120
certificate to prescribe.	19121

Sec. 4730.53. (A) As used in this section, "drug database"	19122
means the database established and maintained by the state board	19123
of pharmacy pursuant to section 4729.75 of the Revised Code.	19124

(B) ~~The~~Except as provided in divisions (C) and (E) of this	19125
section, a physician assistant holding a certificate to prescribe	19126
issued under this chapter shall comply with all of the following	19127
as conditions of prescribing a drug that is either an opioid	19128
analgesic or a benzodiazepine as part of a patient's course of	19129
treatment for a particular condition:	19130

(1) Before initially prescribing the drug, the physician	19131
assistant or the physician assistant's delegate shall request from	19132
the drug database a report of information related to the patient	19133
that covers at least the twelve months immediately preceding the	19134
date of the request. If the physician assistant practices	19135
primarily in a county of this state that adjoins another state,	19136
the physician assistant or delegate also shall request a report of	19137
any information available in the drug database that pertains to	19138
prescriptions issued or drugs furnished to the patient in the	19139
state adjoining that county.	19140

(2) If the patient's course of treatment for the condition	19141
continues for more than ninety days after the initial report is	19142
requested, the physician assistant or delegate shall make periodic	19143
requests for reports of information from the drug database until	19144
the course of treatment has ended. The requests shall be made at	19145
intervals not exceeding ninety days, determined according to the	19146
date the initial request was made. The request shall be made in	19147
the same manner provided in division (B)(1) of this section for	19148
requesting the initial report of information from the drug	19149
database.	19150

(3) On receipt of a report under division (B)(1) or (2) of	19151
this section, the physician assistant shall assess the information	19152
in the report. The physician assistant shall document in the	19153
patient's record that the report was received and the information	19154
was assessed.	19155

(C) Division (B) of this section does not apply in any of the	19156
following circumstances:	19157

(1) A drug database report regarding the patient is not	19158
available, in which case the physician assistant shall document in	19159
the patient's record the reason that the report is not available.	19160

(2) The drug is prescribed in an amount indicated for a	19161
period not to exceed seven days.	19162

(3) The drug is prescribed for the treatment of cancer or	19163
another condition associated with cancer.	19164

(4) The drug is prescribed to a hospice patient in a hospice	19165
care program, as those terms are defined in section 3712.01 of the	19166
Revised Code, or any other patient diagnosed as terminally ill.	19167

(5) The drug is prescribed for administration in a hospital,	19168
nursing home, or residential care facility.	19169

(D) With respect to prescribing any drug that is not an	19170
opioid analgesic or a benzodiazepine but is included in the drug	19171
database pursuant to rules adopted under section 4729.84 of the	19172
Revised Code, the state medical board shall adopt rules in	19173
~~accordance with Chapter 119. of the Revised Code~~ that establish	19174
standards and procedures to be followed by a physician assistant	19175
who holds a certificate to prescribe issued under this chapter	19176
regarding the review of patient information available through the	19177
drug database under division (A)(5) of section 4729.80 of the	19178
Revised Code. The rules shall be adopted in accordance with	19179
Chapter 119. of the Revised Code.	19180

~~(C)~~(E) This section and the rules adopted under it do not	19181
apply if the state board of pharmacy no longer maintains the drug	19182
database.	19183

Sec. 4731.055. (A) As used in this section:

19184

(1) "Drug database" means the database established and	19185
maintained by the state board of pharmacy pursuant to section	19186
4729.75 of the Revised Code.	19187

(2) "Physician" means an individual authorized under this	19188
chapter to practice medicine and surgery, osteopathic medicine and	19189
surgery, or podiatric medicine and surgery.	19190

(B) ~~The~~Except as provided in divisions (C) and (E) of this	19191
section, a physician shall comply with all of the following as	19192
conditions of prescribing a drug that is either an opioid	19193
analgesic or a benzodiazepine, or personally furnishing a complete	19194
or partial supply of such a drug, as part of a patient's course of	19195
treatment for a particular condition:	19196

(1) Before initially prescribing or furnishing the drug, the	19197
physician or the physician's delegate shall request from the drug	19198
database a report of information related to the patient that	19199
covers at least the twelve months immediately preceding the date	19200
of the request. If the physician practices primarily in a county	19201
of this state that adjoins another state, the physician or	19202
delegate also shall request a report of any information available	19203
in the drug database that pertains to prescriptions issued or	19204
drugs furnished to the patient in the state adjoining that county.	19205

(2) If the patient's course of treatment for the condition	19206
continues for more than ninety days after the initial report is	19207
requested, the physician or delegate shall make periodic requests	19208
for reports of information from the drug database until the course	19209
of treatment has ended. The requests shall be made at intervals	19210
not exceeding ninety days, determined according to the date the	19211
initial request was made. The request shall be made in the same	19212
manner provided in division (B)(1) of this section for requesting	19213
the initial report of information from the drug database.	19214

(3) On receipt of a report under division (B)(1) or (2) of	19215
this section, the physician shall assess the information in the	19216
report. The physician shall document in the patient's record that	19217
the report was received and the information was assessed.	19218

(C) Division (B) of this section does not apply in any of the	19219
following circumstances:	19220

(1) A drug database report regarding the patient is not	19221
available, in which case the physician shall document in the	19222
patient's record the reason that the report is not available.	19223

(2) The drug is prescribed or personally furnished in an	19224
amount indicated for a period not to exceed seven days.	19225

(3) The drug is prescribed or personally furnished for the	19226
treatment of cancer or another condition associated with cancer.	19227

(4) The drug is prescribed or personally furnished to a	19228
hospice patient in a hospice care program, as those terms are	19229
defined in section 3712.01 of the Revised Code, or any other	19230
patient diagnosed as terminally ill.	19231

(5) The drug is prescribed or personally furnished for	19232
administration in a hospital, nursing home, or residential care	19233
facility.	19234

(6) The drug is prescribed or personally furnished to treat	19235
acute pain resulting from a surgical or other invasive procedure	19236
or a delivery.	19237

(D) With respect to prescribing or personally furnishing any	19238
drug that is not an opioid analgesic or a benzodiazepine but is	19239
included in the drug database pursuant to rules adopted under	19240
section 4729.84 of the Revised Code, the state medical board shall	19241
adopt rules ~~in accordance with Chapter 119. of the Revised Code~~	19242
that establish standards and procedures to be followed by a	19243
physician regarding the review of patient information available	19244
through the drug database under division (A)(5) of section 4729.80	19245
of the Revised Code. The rules shall be adopted in accordance with	19246
Chapter 119. of the Revised Code.	19247

~~(C)~~(E) This section and the rules adopted under it do not	19248
apply if the state board of pharmacy no longer maintains the drug	19249
database.	19250

Sec. 4731.15. (A)(1) The state medical board also shall	19251
regulate the following limited branches of medicine: massage	19252
therapy and cosmetic therapy, and to the extent specified in	19253
section 4731.151 of the Revised Code, naprapathy and	19254
mechanotherapy. The board shall adopt rules governing the limited	19255
branches of medicine under its jurisdiction. The rules shall be	19256
adopted in accordance with Chapter 119. of the Revised Code.	19257

(2) As used in this chapter~~, "cosmetic~~:

19258

(a) "Cosmetic therapy" means the permanent removal of hair	19259
from the human body through the use of electric modalities	19260
approved by the board for use in cosmetic therapy, and	19261
additionally may include the systematic friction, stroking,	19262
slapping, and kneading or tapping of the face, neck, scalp, or	19263
shoulders.	19264

(b) "Massage therapy" means the treatment of disorders of the	19265
human body by the manipulation of soft tissue through the	19266
systematic external application of massage techniques including	19267
touch, stroking, friction, vibration, percussion, kneading,	19268
stretching, compression, and joint movements within the normal	19269
physiologic range of motion; and adjunctive thereto, the external	19270
application of water, heat, cold, topical preparations, and	19271
mechanical devices.	19272

(B) A certificate to practice a limited branch of medicine	19273
issued by the state medical board is valid for a two-year period,	19274
except when an initial certificate is issued for a shorter period	19275
or when division (C)(2) of this section is applicable. The	19276
certificate may be renewed in accordance with division (C) of this	19277
section.	19278

(C)(1) Except as provided in division (C)(2) of this section,	19279
all of the following apply with respect to the renewal of	19280
certificates to practice a limited branch of medicine:	19281

(a) Each person seeking to renew a certificate to practice a	19282
limited branch of medicine shall apply for biennial registration	19283
with the state medical board on a renewal application form	19284
prescribed by the board. An applicant for renewal shall pay a	19285
biennial registration fee of one hundred dollars.	19286

(b) At least six months before a certificate expires, the	19287
board shall mail or cause to be mailed a renewal notice to the	19288
certificate holder's last known address.	19289

(c) At least three months before a certificate expires, the	19290
certificate holder shall submit the renewal application and	19291
biennial registration fee to the board.	19292

(2) Beginning with the 2009 registration period, the board	19293
shall implement a staggered renewal system that is substantially	19294
similar to the staggered renewal system the board uses under	19295
division (B) of section 4731.281 of the Revised Code.	19296

(D) All persons who hold a certificate to practice a limited	19297
branch of medicine issued by the state medical board shall provide	19298
the board written notice of any change of address. The notice	19299
shall be submitted to the board not later than thirty days after	19300
the change of address.	19301

(E) A certificate to practice a limited branch of medicine	19302
shall be automatically suspended if the certificate holder fails	19303
to renew the certificate in accordance with division (C) of this	19304
section. Continued practice after the suspension of the	19305
certificate to practice shall be considered as practicing in	19306
violation of sections 4731.34 and 4731.41 of the Revised Code.	19307

If a certificate to practice has been suspended pursuant to	19308
this division for two years or less, it may be reinstated. The	19309
board shall reinstate the certificate upon an applicant's	19310
submission of a renewal application and payment of the biennial	19311
registration fee and the applicable monetary penalty. With regard	19312
to reinstatement of a certificate to practice cosmetic therapy,	19313
the applicant also shall submit with the application a	19314
certification that the number of hours of continuing education	19315
necessary to have a suspended certificate reinstated have been	19316
completed, as specified in rules the board shall adopt in	19317
accordance with Chapter 119. of the Revised Code. The penalty for	19318
reinstatement shall be twenty-five dollars.	19319

If a certificate has been suspended pursuant to this division	19320
for more than two years, it may be restored. Subject to section	19321
4731.222 of the Revised Code, the board may restore the	19322
certificate upon an applicant's submission of a restoration	19323
application, the biennial registration fee, and the applicable	19324
monetary penalty and compliance with sections 4776.01 to 4776.04	19325
of the Revised Code. The board shall not restore to an applicant a	19326
certificate to practice unless the board, in its discretion,	19327
decides that the results of the criminal records check do not make	19328
the applicant ineligible for a certificate issued pursuant to	19329
section 4731.17 of the Revised Code. The penalty for restoration	19330
is fifty dollars.	19331

Sec. 4731.155. ~~(A) Except as provided in division (D) of~~	19332
~~this section, each person holding a certificate to practice~~	19333
~~cosmetic therapy shall complete biennially not less than~~	19334
~~twenty-five hours of continuing cosmetic therapy education.~~	19335

~~Cosmetic therapists shall earn continuing education credits~~	19336
~~at the rate of one-half credit hour for each twenty-five to thirty~~	19337
~~minutes of instruction and one credit hour for each fifty to sixty~~	19338
~~minutes of instruction.~~	19339

~~(B) Only continuing education approved by the state medical~~	19340
~~board may be used to fulfill the requirements of division (A) of~~	19341
~~this section.~~	19342

~~(C) Each certified cosmetic therapist shall submit to the~~	19343
~~board at the time of biennial renewal pursuant to section 4731.15~~	19344
~~of the Revised Code a sworn affidavit, in a form acceptable to the~~	19345
~~board, attesting that the cosmetic therapist has completed~~	19346
~~continuing education programs in compliance with this section and~~	19347
~~listing the date, location, sponsor, subject matter, and hours~~	19348
~~completed of the programs.~~	19349

~~(D)~~ The state medical board ~~shall~~may adopt rules ~~providing~~	19350
~~for pro rata adjustments by month of the hours of~~that establish	19351
continuing education ~~required by this section for persons who~~	19352
~~first receive a certificate during a registration period or who~~	19353
~~have a registration period that is shorter or longer than two~~	19354
~~years because of the implementation of a staggered renewal system~~	19355
~~under section 4731.15 of the Revised Code.~~	19356

~~The board may excuse a cosmetic therapist from all or any~~	19357
~~part of the requirements of this section because of an unusual~~	19358
~~circumstance, emergency, or special hardship.~~	19359

~~(E) Failure to comply with the requirements of this section~~	19360
~~constitutes a failure to renew pursuant to section 4731.15 of the~~	19361
~~Revised Code~~requirements for renewal under section 4731.15 of the	19362
Revised Code of a certificate to practice a limited branch of	19363
medicine. The rules shall be adopted in accordance with Chapter	19364
119. of the Revised Code.	19365

Sec. 4731.22. (A) The state medical board, by an affirmative	19366
vote of not fewer than six of its members, may limit, revoke, or	19367
suspend an individual's certificate to practice, refuse to grant a	19368
certificate to an individual, refuse to register an individual,	19369
refuse to reinstate a certificate, or reprimand or place on	19370
probation the holder of a certificate if the individual or	19371
certificate holder is found by the board to have committed fraud	19372
during the administration of the examination for a certificate to	19373
practice or to have committed fraud, misrepresentation, or	19374
deception in applying for or securing any certificate to practice	19375
or certificate of registration issued by the board.	19376

(B) The board, by an affirmative vote of not fewer than six	19377
members, shall, to the extent permitted by law, limit, revoke, or	19378
suspend an individual's certificate to practice, refuse to	19379
register an individual, refuse to reinstate a certificate, or	19380
reprimand or place on probation the holder of a certificate for	19381
one or more of the following reasons:	19382

(1) Permitting one's name or one's certificate to practice or	19383
certificate of registration to be used by a person, group, or	19384
corporation when the individual concerned is not actually	19385
directing the treatment given;	19386

(2) Failure to maintain minimal standards applicable to the	19387
selection or administration of drugs, or failure to employ	19388
acceptable scientific methods in the selection of drugs or other	19389
modalities for treatment of disease;	19390

(3) Selling, giving away, personally furnishing, prescribing,	19391
or administering drugs for other than legal and legitimate	19392
therapeutic purposes or a plea of guilty to, a judicial finding of	19393
guilt of, or a judicial finding of eligibility for intervention in	19394
lieu of conviction of, a violation of any federal or state law	19395
regulating the possession, distribution, or use of any drug;	19396

(4) Willfully betraying a professional confidence.

19397

For purposes of this division, "willfully betraying a	19398
professional confidence" does not include providing any	19399
information, documents, or reports to a child fatality review	19400
board under sections 307.621 to 307.629 of the Revised Code and	19401
does not include the making of a report of an employee's use of a	19402
drug of abuse, or a report of a condition of an employee other	19403
than one involving the use of a drug of abuse, to the employer of	19404
the employee as described in division (B) of section 2305.33 of	19405
the Revised Code. Nothing in this division affects the immunity	19406
from civil liability conferred by that section upon a physician	19407
who makes either type of report in accordance with division (B) of	19408
that section. As used in this division, "employee," "employer,"	19409
and "physician" have the same meanings as in section 2305.33 of	19410
the Revised Code.	19411

(5) Making a false, fraudulent, deceptive, or misleading	19412
statement in the solicitation of or advertising for patients; in	19413
relation to the practice of medicine and surgery, osteopathic	19414
medicine and surgery, podiatric medicine and surgery, or a limited	19415
branch of medicine; or in securing or attempting to secure any	19416
certificate to practice or certificate of registration issued by	19417
the board.	19418

As used in this division, "false, fraudulent, deceptive, or	19419
misleading statement" means a statement that includes a	19420
misrepresentation of fact, is likely to mislead or deceive because	19421
of a failure to disclose material facts, is intended or is likely	19422
to create false or unjustified expectations of favorable results,	19423
or includes representations or implications that in reasonable	19424
probability will cause an ordinarily prudent person to	19425
misunderstand or be deceived.	19426

(6) A departure from, or the failure to conform to, minimal	19427
standards of care of similar practitioners under the same or	19428
similar circumstances, whether or not actual injury to a patient	19429
is established;	19430

(7) Representing, with the purpose of obtaining compensation	19431
or other advantage as personal gain or for any other person, that	19432
an incurable disease or injury, or other incurable condition, can	19433
be permanently cured;	19434

(8) The obtaining of, or attempting to obtain, money or	19435
anything of value by fraudulent misrepresentations in the course	19436
of practice;	19437

(9) A plea of guilty to, a judicial finding of guilt of, or a	19438
judicial finding of eligibility for intervention in lieu of	19439
conviction for, a felony;	19440

(10) Commission of an act that constitutes a felony in this	19441
state, regardless of the jurisdiction in which the act was	19442
committed;	19443

(11) A plea of guilty to, a judicial finding of guilt of, or	19444
a judicial finding of eligibility for intervention in lieu of	19445
conviction for, a misdemeanor committed in the course of practice;	19446

(12) Commission of an act in the course of practice that	19447
constitutes a misdemeanor in this state, regardless of the	19448
jurisdiction in which the act was committed;	19449

(13) A plea of guilty to, a judicial finding of guilt of, or	19450
a judicial finding of eligibility for intervention in lieu of	19451
conviction for, a misdemeanor involving moral turpitude;	19452

(14) Commission of an act involving moral turpitude that	19453
constitutes a misdemeanor in this state, regardless of the	19454
jurisdiction in which the act was committed;	19455

(15) Violation of the conditions of limitation placed by the	19456
board upon a certificate to practice;	19457

(16) Failure to pay license renewal fees specified in this	19458
chapter;	19459

(17) Except as authorized in section 4731.31 of the Revised	19460
Code, engaging in the division of fees for referral of patients,	19461
or the receiving of a thing of value in return for a specific	19462
referral of a patient to utilize a particular service or business;	19463

(18) Subject to section 4731.226 of the Revised Code,	19464
violation of any provision of a code of ethics of the American	19465
medical association, the American osteopathic association, the	19466
American podiatric medical association, or any other national	19467
professional organizations that the board specifies by rule. The	19468
state medical board shall obtain and keep on file current copies	19469
of the codes of ethics of the various national professional	19470
organizations. The individual whose certificate is being suspended	19471
or revoked shall not be found to have violated any provision of a	19472
code of ethics of an organization not appropriate to the	19473
individual's profession.	19474

For purposes of this division, a "provision of a code of	19475
ethics of a national professional organization" does not include	19476
any provision that would preclude the making of a report by a	19477
physician of an employee's use of a drug of abuse, or of a	19478
condition of an employee other than one involving the use of a	19479
drug of abuse, to the employer of the employee as described in	19480
division (B) of section 2305.33 of the Revised Code. Nothing in	19481
this division affects the immunity from civil liability conferred	19482
by that section upon a physician who makes either type of report	19483
in accordance with division (B) of that section. As used in this	19484
division, "employee," "employer," and "physician" have the same	19485
meanings as in section 2305.33 of the Revised Code.	19486

(19) Inability to practice according to acceptable and	19487
prevailing standards of care by reason of mental illness or	19488
physical illness, including, but not limited to, physical	19489
deterioration that adversely affects cognitive, motor, or	19490
perceptive skills.	19491

In enforcing this division, the board, upon a showing of a	19492
possible violation, may compel any individual authorized to	19493
practice by this chapter or who has submitted an application	19494
pursuant to this chapter to submit to a mental examination,	19495
physical examination, including an HIV test, or both a mental and	19496
a physical examination. The expense of the examination is the	19497
responsibility of the individual compelled to be examined. Failure	19498
to submit to a mental or physical examination or consent to an HIV	19499
test ordered by the board constitutes an admission of the	19500
allegations against the individual unless the failure is due to	19501
circumstances beyond the individual's control, and a default and	19502
final order may be entered without the taking of testimony or	19503
presentation of evidence. If the board finds an individual unable	19504
to practice because of the reasons set forth in this division, the	19505
board shall require the individual to submit to care, counseling,	19506
or treatment by physicians approved or designated by the board, as	19507
a condition for initial, continued, reinstated, or renewed	19508
authority to practice. An individual affected under this division	19509
shall be afforded an opportunity to demonstrate to the board the	19510
ability to resume practice in compliance with acceptable and	19511
prevailing standards under the provisions of the individual's	19512
certificate. For the purpose of this division, any individual who	19513
applies for or receives a certificate to practice under this	19514
chapter accepts the privilege of practicing in this state and, by	19515
so doing, shall be deemed to have given consent to submit to a	19516
mental or physical examination when directed to do so in writing	19517
by the board, and to have waived all objections to the	19518
admissibility of testimony or examination reports that constitute	19519
a privileged communication.	19520

(20) Except when civil penalties are imposed under section	19521
4731.225 or 4731.281 of the Revised Code, and subject to section	19522
4731.226 of the Revised Code, violating or attempting to violate,	19523
directly or indirectly, or assisting in or abetting the violation	19524
of, or conspiring to violate, any provisions of this chapter or	19525
any rule promulgated by the board.	19526

This division does not apply to a violation or attempted	19527
violation of, assisting in or abetting the violation of, or a	19528
conspiracy to violate, any provision of this chapter or any rule	19529
adopted by the board that would preclude the making of a report by	19530
a physician of an employee's use of a drug of abuse, or of a	19531
condition of an employee other than one involving the use of a	19532
drug of abuse, to the employer of the employee as described in	19533
division (B) of section 2305.33 of the Revised Code. Nothing in	19534
this division affects the immunity from civil liability conferred	19535
by that section upon a physician who makes either type of report	19536
in accordance with division (B) of that section. As used in this	19537
division, "employee," "employer," and "physician" have the same	19538
meanings as in section 2305.33 of the Revised Code.	19539

(21) The violation of section 3701.79 of the Revised Code or	19540
of any abortion rule adopted by the public health council pursuant	19541
to section 3701.341 of the Revised Code;	19542

(22) Any of the following actions taken by an agency	19543
responsible for authorizing, certifying, or regulating an	19544
individual to practice a health care occupation or provide health	19545
care services in this state or another jurisdiction, for any	19546
reason other than the nonpayment of fees: the limitation,	19547
revocation, or suspension of an individual's license to practice;	19548
acceptance of an individual's license surrender; denial of a	19549
license; refusal to renew or reinstate a license; imposition of	19550
probation; or issuance of an order of censure or other reprimand;	19551

(23) The violation of section 2919.12 of the Revised Code or	19552
the performance or inducement of an abortion upon a pregnant woman	19553
with actual knowledge that the conditions specified in division	19554
(B) of section 2317.56 of the Revised Code have not been satisfied	19555
or with a heedless indifference as to whether those conditions	19556
have been satisfied, unless an affirmative defense as specified in	19557
division (H)(2) of that section would apply in a civil action	19558
authorized by division (H)(1) of that section;	19559

(24) The revocation, suspension, restriction, reduction, or	19560
termination of clinical privileges by the United States department	19561
of defense or department of veterans affairs or the termination or	19562
suspension of a certificate of registration to prescribe drugs by	19563
the drug enforcement administration of the United States	19564
department of justice;	19565

(25) Termination or suspension from participation in the	19566
medicare or medicaid programs by the department of health and	19567
human services or other responsible agency for any act or acts	19568
that also would constitute a violation of division (B)(2), (3),	19569
(6), (8), or (19) of this section;	19570

(26) Impairment of ability to practice according to	19571
acceptable and prevailing standards of care because of habitual or	19572
excessive use or abuse of drugs, alcohol, or other substances that	19573
impair ability to practice.	19574

For the purposes of this division, any individual authorized	19575
to practice by this chapter accepts the privilege of practicing in	19576
this state subject to supervision by the board. By filing an	19577
application for or holding a certificate to practice under this	19578
chapter, an individual shall be deemed to have given consent to	19579
submit to a mental or physical examination when ordered to do so	19580
by the board in writing, and to have waived all objections to the	19581
admissibility of testimony or examination reports that constitute	19582
privileged communications.	19583

If it has reason to believe that any individual authorized to	19584
practice by this chapter or any applicant for certification to	19585
practice suffers such impairment, the board may compel the	19586
individual to submit to a mental or physical examination, or both.	19587
The expense of the examination is the responsibility of the	19588
individual compelled to be examined. Any mental or physical	19589
examination required under this division shall be undertaken by a	19590
treatment provider or physician who is qualified to conduct the	19591
examination and who is chosen by the board.	19592

Failure to submit to a mental or physical examination ordered	19593
by the board constitutes an admission of the allegations against	19594
the individual unless the failure is due to circumstances beyond	19595
the individual's control, and a default and final order may be	19596
entered without the taking of testimony or presentation of	19597
evidence. If the board determines that the individual's ability to	19598
practice is impaired, the board shall suspend the individual's	19599
certificate or deny the individual's application and shall require	19600
the individual, as a condition for initial, continued, reinstated,	19601
or renewed certification to practice, to submit to treatment.	19602

Before being eligible to apply for reinstatement of a	19603
certificate suspended under this division, the impaired	19604
practitioner shall demonstrate to the board the ability to resume	19605
practice in compliance with acceptable and prevailing standards of	19606
care under the provisions of the practitioner's certificate. The	19607
demonstration shall include, but shall not be limited to, the	19608
following:	19609

(a) Certification from a treatment provider approved under	19610
section 4731.25 of the Revised Code that the individual has	19611
successfully completed any required inpatient treatment;	19612

(b) Evidence of continuing full compliance with an aftercare	19613
contract or consent agreement;	19614

(c) Two written reports indicating that the individual's	19615
ability to practice has been assessed and that the individual has	19616
been found capable of practicing according to acceptable and	19617
prevailing standards of care. The reports shall be made by	19618
individuals or providers approved by the board for making the	19619
assessments and shall describe the basis for their determination.	19620

The board may reinstate a certificate suspended under this	19621
division after that demonstration and after the individual has	19622
entered into a written consent agreement.	19623

When the impaired practitioner resumes practice, the board	19624
shall require continued monitoring of the individual. The	19625
monitoring shall include, but not be limited to, compliance with	19626
the written consent agreement entered into before reinstatement or	19627
with conditions imposed by board order after a hearing, and, upon	19628
termination of the consent agreement, submission to the board for	19629
at least two years of annual written progress reports made under	19630
penalty of perjury stating whether the individual has maintained	19631
sobriety.	19632

(27) A second or subsequent violation of section 4731.66 or	19633
4731.69 of the Revised Code;	19634

(28) Except as provided in division (N) of this section:

19635

(a) Waiving the payment of all or any part of a deductible or	19636
copayment that a patient, pursuant to a health insurance or health	19637
care policy, contract, or plan that covers the individual's	19638
services, otherwise would be required to pay if the waiver is used	19639
as an enticement to a patient or group of patients to receive	19640
health care services from that individual;	19641

(b) Advertising that the individual will waive the payment of	19642
all or any part of a deductible or copayment that a patient,	19643
pursuant to a health insurance or health care policy, contract, or	19644
plan that covers the individual's services, otherwise would be	19645
required to pay.	19646

(29) Failure to use universal blood and body fluid	19647
precautions established by rules adopted under section 4731.051 of	19648
the Revised Code;	19649

(30) Failure to provide notice to, and receive acknowledgment	19650
of the notice from, a patient when required by section 4731.143 of	19651
the Revised Code prior to providing nonemergency professional	19652
services, or failure to maintain that notice in the patient's	19653
file;	19654

(31) Failure of a physician supervising a physician assistant	19655
to maintain supervision in accordance with the requirements of	19656
Chapter 4730. of the Revised Code and the rules adopted under that	19657
chapter;	19658

(32) Failure of a physician or podiatrist to enter into a	19659
standard care arrangement with a clinical nurse specialist,	19660
certified nurse-midwife, or certified nurse practitioner with whom	19661
the physician or podiatrist is in collaboration pursuant to	19662
section 4731.27 of the Revised Code or failure to fulfill the	19663
responsibilities of collaboration after entering into a standard	19664
care arrangement;	19665

(33) Failure to comply with the terms of a consult agreement	19666
entered into with a pharmacist pursuant to section 4729.39 of the	19667
Revised Code;	19668

(34) Failure to cooperate in an investigation conducted by	19669
the board under division (F) of this section, including failure to	19670
comply with a subpoena or order issued by the board or failure to	19671
answer truthfully a question presented by the board in an	19672
investigative interview, an investigative office conference, at a	19673
deposition, or in written interrogatories, except that failure to	19674
cooperate with an investigation shall not constitute grounds for	19675
discipline under this section if a court of competent jurisdiction	19676
has issued an order that either quashes a subpoena or permits the	19677
individual to withhold the testimony or evidence in issue;	19678

(35) Failure to supervise an oriental medicine practitioner	19679
or acupuncturist in accordance with Chapter 4762. of the Revised	19680
Code and the board's rules for providing that supervision;	19681

(36) Failure to supervise an anesthesiologist assistant in	19682
accordance with Chapter 4760. of the Revised Code and the board's	19683
rules for supervision of an anesthesiologist assistant;	19684

(37) Assisting suicide as defined in section 3795.01 of the	19685
Revised Code;	19686

(38) Failure to comply with the requirements of section	19687
2317.561 of the Revised Code;	19688

(39) Failure to supervise a radiologist assistant in	19689
accordance with Chapter 4774. of the Revised Code and the board's	19690
rules for supervision of radiologist assistants;	19691

(40) Performing or inducing an abortion at an office or	19692
facility with knowledge that the office or facility fails to post	19693
the notice required under section 3701.791 of the Revised Code;	19694

(41) Failure to comply with the standards and procedures	19695
established in rules under section 4731.054 of the Revised Code	19696
for the operation of or the provision of care at a pain management	19697
clinic;	19698

(42) Failure to comply with the standards and procedures	19699
established in rules under section 4731.054 of the Revised Code	19700
for providing supervision, direction, and control of individuals	19701
at a pain management clinic;	19702

(43) Failure to comply with the requirements of section	19703
4729.79 or 4731.055 of the Revised Code, unless the state board of	19704
pharmacy no longer maintains a drug database pursuant to section	19705
4729.75 of the Revised Code;	19706

(44) Failure to comply with the requirements of section	19707
2919.171 of the Revised Code or failure to submit to the	19708
department of health in accordance with a court order a complete	19709
report as described in section 2919.171 of the Revised Code;	19710

(45) Practicing at a facility that is subject to licensure as	19711
a category III terminal distributor of dangerous drugs with a pain	19712
management clinic classification unless the person operating the	19713
facility has obtained and maintains the license with the	19714
classification;	19715

(46) Owning a facility that is subject to licensure as a	19716
category III terminal distributor of dangerous drugs with a pain	19717
management clinic classification unless the facility is licensed	19718
with the classification;	19719

(47) Failure to comply with the requirement regarding	19720
maintaining notes described in division (B) of section 2919.191 of	19721
the Revised Code or failure to satisfy the requirements of section	19722
2919.191 of the Revised Code prior to performing or inducing an	19723
abortion upon a pregnant woman.	19724

(C) Disciplinary actions taken by the board under divisions	19725
(A) and (B) of this section shall be taken pursuant to an	19726
adjudication under Chapter 119. of the Revised Code, except that	19727
in lieu of an adjudication, the board may enter into a consent	19728
agreement with an individual to resolve an allegation of a	19729
violation of this chapter or any rule adopted under it. A consent	19730
agreement, when ratified by an affirmative vote of not fewer than	19731
six members of the board, shall constitute the findings and order	19732
of the board with respect to the matter addressed in the	19733
agreement. If the board refuses to ratify a consent agreement, the	19734
admissions and findings contained in the consent agreement shall	19735
be of no force or effect.	19736

A telephone conference call may be utilized for ratification	19737
of a consent agreement that revokes or suspends an individual's	19738
certificate to practice. The telephone conference call shall be	19739
considered a special meeting under division (F) of section 121.22	19740
of the Revised Code.	19741

If the board takes disciplinary action against an individual	19742
under division (B) of this section for a second or subsequent plea	19743
of guilty to, or judicial finding of guilt of, a violation of	19744
section 2919.123 of the Revised Code, the disciplinary action	19745
shall consist of a suspension of the individual's certificate to	19746
practice for a period of at least one year or, if determined	19747
appropriate by the board, a more serious sanction involving the	19748
individual's certificate to practice. Any consent agreement	19749
entered into under this division with an individual that pertains	19750
to a second or subsequent plea of guilty to, or judicial finding	19751
of guilt of, a violation of that section shall provide for a	19752
suspension of the individual's certificate to practice for a	19753
period of at least one year or, if determined appropriate by the	19754
board, a more serious sanction involving the individual's	19755
certificate to practice.	19756

(D) For purposes of divisions (B)(10), (12), and (14) of this	19757
section, the commission of the act may be established by a finding	19758
by the board, pursuant to an adjudication under Chapter 119. of	19759
the Revised Code, that the individual committed the act. The board	19760
does not have jurisdiction under those divisions if the trial	19761
court renders a final judgment in the individual's favor and that	19762
judgment is based upon an adjudication on the merits. The board	19763
has jurisdiction under those divisions if the trial court issues	19764
an order of dismissal upon technical or procedural grounds.	19765

(E) The sealing of conviction records by any court shall have	19766
no effect upon a prior board order entered under this section or	19767
upon the board's jurisdiction to take action under this section	19768
if, based upon a plea of guilty, a judicial finding of guilt, or a	19769
judicial finding of eligibility for intervention in lieu of	19770
conviction, the board issued a notice of opportunity for a hearing	19771
prior to the court's order to seal the records. The board shall	19772
not be required to seal, destroy, redact, or otherwise modify its	19773
records to reflect the court's sealing of conviction records.	19774

(F)(1) The board shall investigate evidence that appears to	19775
show that a person has violated any provision of this chapter or	19776
any rule adopted under it. Any person may report to the board in a	19777
signed writing any information that the person may have that	19778
appears to show a violation of any provision of this chapter or	19779
any rule adopted under it. In the absence of bad faith, any person	19780
who reports information of that nature or who testifies before the	19781
board in any adjudication conducted under Chapter 119. of the	19782
Revised Code shall not be liable in damages in a civil action as a	19783
result of the report or testimony. Each complaint or allegation of	19784
a violation received by the board shall be assigned a case number	19785
and shall be recorded by the board.	19786

(2) Investigations of alleged violations of this chapter or	19787
any rule adopted under it shall be supervised by the supervising	19788
member elected by the board in accordance with section 4731.02 of	19789
the Revised Code and by the secretary as provided in section	19790
4731.39 of the Revised Code. The president may designate another	19791
member of the board to supervise the investigation in place of the	19792
supervising member. No member of the board who supervises the	19793
investigation of a case shall participate in further adjudication	19794
of the case.	19795

(3) In investigating a possible violation of this chapter or	19796
any rule adopted under this chapter, or in conducting an	19797
inspection under division (E) of section 4731.054 of the Revised	19798
Code, the board may question witnesses, conduct interviews,	19799
administer oaths, order the taking of depositions, inspect and	19800
copy any books, accounts, papers, records, or documents, issue	19801
subpoenas, and compel the attendance of witnesses and production	19802
of books, accounts, papers, records, documents, and testimony,	19803
except that a subpoena for patient record information shall not be	19804
issued without consultation with the attorney general's office and	19805
approval of the secretary and supervising member of the board.	19806

(a) Before issuance of a subpoena for patient record	19807
information, the secretary and supervising member shall determine	19808
whether there is probable cause to believe that the complaint	19809
filed alleges a violation of this chapter or any rule adopted	19810
under it and that the records sought are relevant to the alleged	19811
violation and material to the investigation. The subpoena may	19812
apply only to records that cover a reasonable period of time	19813
surrounding the alleged violation.	19814

(b) On failure to comply with any subpoena issued by the	19815
board and after reasonable notice to the person being subpoenaed,	19816
the board may move for an order compelling the production of	19817
persons or records pursuant to the Rules of Civil Procedure.	19818

(c) A subpoena issued by the board may be served by a	19819
sheriff, the sheriff's deputy, or a board employee designated by	19820
the board. Service of a subpoena issued by the board may be made	19821
by delivering a copy of the subpoena to the person named therein,	19822
reading it to the person, or leaving it at the person's usual	19823
place of residence, usual place of business, or address on file	19824
with the board. When serving a subpoena to an applicant for or the	19825
holder of a certificate issued under this chapter, service of the	19826
subpoena may be made by certified mail, return receipt requested,	19827
and the subpoena shall be deemed served on the date delivery is	19828
made or the date the person refuses to accept delivery. If the	19829
person being served refuses to accept the subpoena or is not	19830
located, service may be made to an attorney who notifies the board	19831
that the attorney is representing the person.	19832

(d) A sheriff's deputy who serves a subpoena shall receive	19833
the same fees as a sheriff. Each witness who appears before the	19834
board in obedience to a subpoena shall receive the fees and	19835
mileage provided for under section 119.094 of the Revised Code.	19836

(4) All hearings, investigations, and inspections of the	19837
board shall be considered civil actions for the purposes of	19838
section 2305.252 of the Revised Code.	19839

(5) A report required to be submitted to the board under this	19840
chapter, a complaint, or information received by the board	19841
pursuant to an investigation or pursuant to an inspection under	19842
division (E) of section 4731.054 of the Revised Code is	19843
confidential and not subject to discovery in any civil action.	19844

The board shall conduct all investigations or inspections and	19845
proceedings in a manner that protects the confidentiality of	19846
patients and persons who file complaints with the board. The board	19847
shall not make public the names or any other identifying	19848
information about patients or complainants unless proper consent	19849
is given or, in the case of a patient, a waiver of the patient	19850
privilege exists under division (B) of section 2317.02 of the	19851
Revised Code, except that consent or a waiver of that nature is	19852
not required if the board possesses reliable and substantial	19853
evidence that no bona fide physician-patient relationship exists.	19854

The board may share any information it receives pursuant to	19855
an investigation or inspection, including patient records and	19856
patient record information, with law enforcement agencies, other	19857
licensing boards, and other governmental agencies that are	19858
prosecuting, adjudicating, or investigating alleged violations of	19859
statutes or administrative rules. An agency or board that receives	19860
the information shall comply with the same requirements regarding	19861
confidentiality as those with which the state medical board must	19862
comply, notwithstanding any conflicting provision of the Revised	19863
Code or procedure of the agency or board that applies when it is	19864
dealing with other information in its possession. In a judicial	19865
proceeding, the information may be admitted into evidence only in	19866
accordance with the Rules of Evidence, but the court shall require	19867
that appropriate measures are taken to ensure that confidentiality	19868
is maintained with respect to any part of the information that	19869
contains names or other identifying information about patients or	19870
complainants whose confidentiality was protected by the state	19871
medical board when the information was in the board's possession.	19872
Measures to ensure confidentiality that may be taken by the court	19873
include sealing its records or deleting specific information from	19874
its records.	19875

(6) On a quarterly basis, the board shall prepare a report	19876
that documents the disposition of all cases during the preceding	19877
three months. The report shall contain the following information	19878
for each case with which the board has completed its activities:	19879

(a) The case number assigned to the complaint or alleged	19880
violation;	19881

(b) The type of certificate to practice, if any, held by the	19882
individual against whom the complaint is directed;	19883

(c) A description of the allegations contained in the	19884
complaint;	19885

(d) The disposition of the case.

19886

The report shall state how many cases are still pending and	19887
shall be prepared in a manner that protects the identity of each	19888
person involved in each case. The report shall be a public record	19889
under section 149.43 of the Revised Code.	19890

(G) If the secretary and supervising member determine both of	19891
the following, they may recommend that the board suspend an	19892
individual's certificate to practice without a prior hearing:	19893

(1) That there is clear and convincing evidence that an	19894
individual has violated division (B) of this section;	19895

(2) That the individual's continued practice presents a	19896
danger of immediate and serious harm to the public.	19897

Written allegations shall be prepared for consideration by	19898
the board. The board, upon review of those allegations and by an	19899
affirmative vote of not fewer than six of its members, excluding	19900
the secretary and supervising member, may suspend a certificate	19901
without a prior hearing. A telephone conference call may be	19902
utilized for reviewing the allegations and taking the vote on the	19903
summary suspension.	19904

The board shall issue a written order of suspension by	19905
certified mail or in person in accordance with section 119.07 of	19906
the Revised Code. The order shall not be subject to suspension by	19907
the court during pendency of any appeal filed under section 119.12	19908
of the Revised Code. If the individual subject to the summary	19909
suspension requests an adjudicatory hearing by the board, the date	19910
set for the hearing shall be within fifteen days, but not earlier	19911
than seven days, after the individual requests the hearing, unless	19912
otherwise agreed to by both the board and the individual.	19913

Any summary suspension imposed under this division shall	19914
remain in effect, unless reversed on appeal, until a final	19915
adjudicative order issued by the board pursuant to this section	19916
and Chapter 119. of the Revised Code becomes effective. The board	19917
shall issue its final adjudicative order within seventy-five days	19918
after completion of its hearing. A failure to issue the order	19919
within seventy-five days shall result in dissolution of the	19920
summary suspension order but shall not invalidate any subsequent,	19921
final adjudicative order.	19922

(H) If the board takes action under division (B)(9), (11), or	19923
(13) of this section and the judicial finding of guilt, guilty	19924
plea, or judicial finding of eligibility for intervention in lieu	19925
of conviction is overturned on appeal, upon exhaustion of the	19926
criminal appeal, a petition for reconsideration of the order may	19927
be filed with the board along with appropriate court documents.	19928
Upon receipt of a petition of that nature and supporting court	19929
documents, the board shall reinstate the individual's certificate	19930
to practice. The board may then hold an adjudication under Chapter	19931
119. of the Revised Code to determine whether the individual	19932
committed the act in question. Notice of an opportunity for a	19933
hearing shall be given in accordance with Chapter 119. of the	19934
Revised Code. If the board finds, pursuant to an adjudication held	19935
under this division, that the individual committed the act or if	19936
no hearing is requested, the board may order any of the sanctions	19937
identified under division (B) of this section.	19938

(I) The certificate to practice issued to an individual under	19939
this chapter and the individual's practice in this state are	19940
automatically suspended as of the date of the individual's second	19941
or subsequent plea of guilty to, or judicial finding of guilt of,	19942
a violation of section 2919.123 of the Revised Code, or the date	19943
the individual pleads guilty to, is found by a judge or jury to be	19944
guilty of, or is subject to a judicial finding of eligibility for	19945
intervention in lieu of conviction in this state or treatment or	19946
intervention in lieu of conviction in another jurisdiction for any	19947
of the following criminal offenses in this state or a	19948
substantially equivalent criminal offense in another jurisdiction:	19949
aggravated murder, murder, voluntary manslaughter, felonious	19950
assault, kidnapping, rape, sexual battery, gross sexual	19951
imposition, aggravated arson, aggravated robbery, or aggravated	19952
burglary. Continued practice after suspension shall be considered	19953
practicing without a certificate.	19954

The board shall notify the individual subject to the	19955
suspension by certified mail or in person in accordance with	19956
section 119.07 of the Revised Code. If an individual whose	19957
certificate is automatically suspended under this division fails	19958
to make a timely request for an adjudication under Chapter 119. of	19959
the Revised Code, the board shall do whichever of the following is	19960
applicable:	19961

(1) If the automatic suspension under this division is for a	19962
second or subsequent plea of guilty to, or judicial finding of	19963
guilt of, a violation of section 2919.123 of the Revised Code, the	19964
board shall enter an order suspending the individual's certificate	19965
to practice for a period of at least one year or, if determined	19966
appropriate by the board, imposing a more serious sanction	19967
involving the individual's certificate to practice.	19968

(2) In all circumstances in which division (I)(1) of this	19969
section does not apply, enter a final order permanently revoking	19970
the individual's certificate to practice.	19971

(J) If the board is required by Chapter 119. of the Revised	19972
Code to give notice of an opportunity for a hearing and if the	19973
individual subject to the notice does not timely request a hearing	19974
in accordance with section 119.07 of the Revised Code, the board	19975
is not required to hold a hearing, but may adopt, by an	19976
affirmative vote of not fewer than six of its members, a final	19977
order that contains the board's findings. In that final order, the	19978
board may order any of the sanctions identified under division (A)	19979
or (B) of this section.	19980

(K) Any action taken by the board under division (B) of this	19981
section resulting in a suspension from practice shall be	19982
accompanied by a written statement of the conditions under which	19983
the individual's certificate to practice may be reinstated. The	19984
board shall adopt rules governing conditions to be imposed for	19985
reinstatement. Reinstatement of a certificate suspended pursuant	19986
to division (B) of this section requires an affirmative vote of	19987
not fewer than six members of the board.	19988

(L) When the board refuses to grant a certificate to an	19989
applicant, revokes an individual's certificate to practice,	19990
refuses to register an applicant, or refuses to reinstate an	19991
individual's certificate to practice, the board may specify that	19992
its action is permanent. An individual subject to a permanent	19993
action taken by the board is forever thereafter ineligible to hold	19994
a certificate to practice and the board shall not accept an	19995
application for reinstatement of the certificate or for issuance	19996
of a new certificate.	19997

(M) Notwithstanding any other provision of the Revised Code,	19998
all of the following apply:	19999

(1) The surrender of a certificate issued under this chapter	20000
shall not be effective unless or until accepted by the board. A	20001
telephone conference call may be utilized for acceptance of the	20002
surrender of an individual's certificate to practice. The	20003
telephone conference call shall be considered a special meeting	20004
under division (F) of section 121.22 of the Revised Code.	20005
Reinstatement of a certificate surrendered to the board requires	20006
an affirmative vote of not fewer than six members of the board.	20007

(2) An application for a certificate made under the	20008
provisions of this chapter may not be withdrawn without approval	20009
of the board.	20010

(3) Failure by an individual to renew a certificate of	20011
registration in accordance with this chapter shall not remove or	20012
limit the board's jurisdiction to take any disciplinary action	20013
under this section against the individual.	20014

(4) At the request of the board, a certificate holder shall	20015
immediately surrender to the board a certificate that the board	20016
has suspended, revoked, or permanently revoked.	20017

(N) Sanctions shall not be imposed under division (B)(28) of	20018
this section against any person who waives deductibles and	20019
copayments as follows:	20020

(1) In compliance with the health benefit plan that expressly	20021
allows such a practice. Waiver of the deductibles or copayments	20022
shall be made only with the full knowledge and consent of the plan	20023
purchaser, payer, and third-party administrator. Documentation of	20024
the consent shall be made available to the board upon request.	20025

(2) For professional services rendered to any other person	20026
authorized to practice pursuant to this chapter, to the extent	20027
allowed by this chapter and rules adopted by the board.	20028

(O) Under the board's investigative duties described in this	20029
section and subject to division (F) of this section, the board	20030
shall develop and implement a quality intervention program	20031
designed to improve through remedial education the clinical and	20032
communication skills of individuals authorized under this chapter	20033
to practice medicine and surgery, osteopathic medicine and	20034
surgery, and podiatric medicine and surgery. In developing and	20035
implementing the quality intervention program, the board may do	20036
all of the following:	20037

(1) Offer in appropriate cases as determined by the board an	20038
educational and assessment program pursuant to an investigation	20039
the board conducts under this section;	20040

(2) Select providers of educational and assessment services,	20041
including a quality intervention program panel of case reviewers;	20042

(3) Make referrals to educational and assessment service	20043
providers and approve individual educational programs recommended	20044
by those providers. The board shall monitor the progress of each	20045
individual undertaking a recommended individual educational	20046
program.	20047

(4) Determine what constitutes successful completion of an	20048
individual educational program and require further monitoring of	20049
the individual who completed the program or other action that the	20050
board determines to be appropriate;	20051

(5) Adopt rules in accordance with Chapter 119. of the	20052
Revised Code to further implement the quality intervention	20053
program.	20054

An individual who participates in an individual educational	20055
program pursuant to this division shall pay the financial	20056
obligations arising from that educational program.	20057

Sec. 4731.24. Except as provided in sections 4731.281 and	20058
4731.40 of the Revised Code, all receipts of the state medical	20059
board, from any source, shall be deposited in the state treasury.	20060
Until July 1, 1998, the funds shall be deposited to the credit of	20061
the occupational licensing and regulatory fund. On and after July	20062
1, 1998, the funds shall be deposited to the credit of the state	20063
medical board operating fund, which is hereby created on July 1,	20064
1998. ~~All~~Except as provided in section 4731.24 of the Revised	20065
Code, all funds deposited into the state treasury under this	20066
section shall be used solely for the administration and	20067
enforcement of this chapter and Chapters 4730., 4760., 4762.,	20068
4774., and 4778. of the Revised Code by the board.	20069

Sec. 4731.241. (A) The state medical board may solicit and	20070
accept grants and services from public and private sources for the	20071
purpose of developing and maintaining programs that address	20072
patient safety and education, supply and demand of health care	20073
professionals, and information sharing with the public and the	20074
individuals regulated by the board. The board shall not solicit or	20075
accept a grant or service that would interfere with the board's	20076
independence or objectivity, as determined by the board.	20077

Money received by the board under this ~~section~~division shall	20078
be deposited into the state treasury to the credit of the medical	20079
board education and patient safety fund, which is hereby created.	20080
The money shall be used solely in accordance with this section.	20081

(B) The board may accept from the state, a political	20082
subdivision of the state, or the federal government money that	20083
results from a fine, civil penalty, or seizure or forfeiture of	20084
property. Money received by the board under this division shall be	20085
deposited in accordance with section 4731.24 of the Revised Code.	20086
The money shall be used solely to further the investigation,	20087
enforcement, and compliance activities of the board.	20088

Sec. 4731.281. (A) On or before the deadline established	20089
under division (B) of this section for applying for renewal of a	20090
certificate of registration, each person holding a certificate	20091
under this chapter to practice medicine and surgery, osteopathic	20092
medicine and surgery, or podiatric medicine and surgery shall	20093
certify to the state medical board that in the preceding two years	20094
the person has completed one hundred hours of continuing medical	20095
education. The certification shall be made upon the application	20096
for biennial registration submitted pursuant to division (B) of	20097
this section. The board shall adopt rules providing for pro rata	20098
reductions by month of the number of hours of continuing education	20099
required for persons who are in their first registration period,	20100
who have been disabled due to illness or accident, or who have	20101
been absent from the country.	20102

In determining whether a course, program, or activity	20103
qualifies for credit as continuing medical education, the board	20104
shall approve all continuing medical education taken by persons	20105
holding a certificate to practice medicine and surgery that is	20106
certified by the Ohio state medical association, all continuing	20107
medical education taken by persons holding a certificate to	20108
practice osteopathic medicine and surgery that is certified by the	20109
Ohio osteopathic association, and all continuing medical education	20110
taken by persons holding a certificate to practice podiatric	20111
medicine and surgery that is certified by the Ohio podiatric	20112
medical association. Each person holding a certificate to practice	20113
under this chapter shall be given sufficient choice of continuing	20114
education programs to ensure that the person has had a reasonable	20115
opportunity to participate in continuing education programs that	20116
are relevant to the person's medical practice in terms of subject	20117
matter and level.	20118

The board may require a random sample of persons holding a	20119
certificate to practice under this chapter to submit materials	20120
documenting completion of the continuing medical education	20121
requirement during the preceding registration period, but this	20122
provision shall not limit the board's authority to investigate	20123
pursuant to section 4731.22 of the Revised Code.	20124

(B)(1) Every person holding a certificate under this chapter	20125
to practice medicine and surgery, osteopathic medicine and	20126
surgery, or podiatric medicine and surgery wishing to renew that	20127
certificate shall apply to the board for a certificate of	20128
registration upon an application furnished by the board, and pay	20129
to the board at the time of application a fee of three hundred	20130
five dollars, according to the following schedule:	20131

(a) Persons whose last name begins with the letters "A"	20132
through "B," on or before April 1, 2001, and the first day of	20133
April of every odd-numbered year thereafter;	20134

(b) Persons whose last name begins with the letters "C"	20135
through "D," on or before January 1, 2001, and the first day of	20136
January of every odd-numbered year thereafter;	20137

(c) Persons whose last name begins with the letters "E"	20138
through "G," on or before October 1, 2000, and the first day of	20139
October of every even-numbered year thereafter;	20140

(d) Persons whose last name begins with the letters "H"	20141
through "K," on or before July 1, 2000, and the first day of July	20142
of every even-numbered year thereafter;	20143

(e) Persons whose last name begins with the letters "L"	20144
through "M," on or before April 1, 2000, and the first day of	20145
April of every even-numbered year thereafter;	20146

(f) Persons whose last name begins with the letters "N"	20147
through "R," on or before January 1, 2000, and the first day of	20148
January of every even-numbered year thereafter;	20149

(g) Persons whose last name begins with the letter "S," on or	20150
before October 1, 1999, and the first day of October of every	20151
odd-numbered year thereafter;	20152

(h) Persons whose last name begins with the letters "T"	20153
through "Z," on or before July 1, 1999, and the first day of July	20154
of every odd-numbered year thereafter.	20155

The board shall deposit the fee in accordance with section	20156
4731.24 of the Revised Code, except that the board shall deposit	20157
twenty dollars of the fee into the state treasury to the credit of	20158
the physician loan repayment fund created by section 3702.78 of	20159
the Revised Code.	20160

(2) The board shall mail or cause to be mailed to every	20161
person registered to practice medicine and surgery, osteopathic	20162
medicine and surgery, or podiatric medicine and surgery, a notice	20163
of registration renewal addressed to the person's last known	20164
address or may cause the notice to be sent to the person through	20165
the secretary of any recognized medical, osteopathic, or podiatric	20166
society, according to the following schedule:	20167

(a) To persons whose last name begins with the letters "A"	20168
through "B," on or before January 1, 2001, and the first day of	20169
January of every odd-numbered year thereafter;	20170

(b) To persons whose last name begins with the letters "C"	20171
through "D," on or before October 1, 2000, and the first day of	20172
October of every even-numbered year thereafter;	20173

(c) To persons whose last name begins with the letters "E"	20174
through "G," on or before July 1, 2000, and the first day of July	20175
of every even-numbered year thereafter;	20176

(d) To persons whose last name begins with the letters "H"	20177
through "K," on or before April 1, 2000, and the first day of	20178
April of every even-numbered year thereafter;	20179

(e) To persons whose last name begins with the letters "L"	20180
through "M," on or before January 1, 2000, and the first day of	20181
January of every even-numbered year thereafter;	20182

(f) To persons whose last name begins with the letters "N"	20183
through "R," on or before October 1, 1999, and the first day of	20184
October of every odd-numbered year thereafter;	20185

(g) To persons whose last name begins with the letter "S," on	20186
or before July 1, 1999, and the first day of July of every	20187
odd-numbered year thereafter;	20188

(h) To persons whose last name begins with the letters "T"	20189
through "Z," on or before April 1, 1999, and the first day of	20190
April of every odd-numbered year thereafter.	20191

(3) Failure of any person to receive a notice of renewal from	20192
the board shall not excuse the person from the requirements	20193
contained in this section.	20194

(4) The board's notice shall inform the applicant of the	20195
renewal procedure. The board shall provide the application for	20196
registration renewal in a form determined by the board. ~~The~~	20197

(5) The applicant shall provide in the application the	20198
applicant's full name, principal practice address and residence	20199
address, the number of the applicant's certificate to practice,	20200
and any other information required by the board. ~~The~~	20201

(6)(a) Except as provided in division (B)(6)(b) of this	20202
section, in the case of an applicant who prescribes or personally	20203
furnishes opioid analgesics or benzodiazepines, the applicant	20204
shall certify to the board whether the applicant has been granted	20205
access to the drug database established and maintained by the	20206
state board of pharmacy pursuant to section 4729.75 of the Revised	20207
Code.	20208

(b) The requirement in division (B)(6)(a) of this section	20209
does not apply if either of the following is the case:	20210

(i) The state board of pharmacy notifies the state medical	20211
board pursuant to section 4729.861 of the Revised Code that the	20212
applicant has been restricted from obtaining further information	20213
from the drug database.	20214

(ii) The state board of pharmacy no longer maintains the drug	20215
database.	20216

(c) If an applicant certifies to the state medical board that	20217
the applicant has been granted access to the drug database and the	20218
board finds through an audit or other means that the applicant has	20219
not been granted access, the board may take action under section	20220
4731.22 of the Revised Code.	20221

(7) The applicant shall include with the application a list	20222
of the names and addresses of any clinical nurse specialists,	20223
certified nurse-midwives, or certified nurse practitioners with	20224
whom the applicant is currently collaborating, as defined in	20225
section 4723.01 of the Revised Code. ~~The applicant shall execute~~	20226
~~and deliver the application to the board in a manner prescribed by~~	20227
~~the board.~~ Every person registered under this section shall give	20228
written notice to the state medical board of any change of	20229
principal practice address or residence address or in the list	20230
within thirty days of the change.	20231

(8) The applicant shall report any criminal offense to which	20232
the applicant has pleaded guilty, of which the applicant has been	20233
found guilty, or for which the applicant has been found eligible	20234
for intervention in lieu of conviction, since last filing an	20235
application for a certificate of registration.	20236

(9) The applicant shall execute and deliver the application	20237
to the board in a manner prescribed by the board.	20238

(C) The board shall issue to any person holding a certificate	20239
under this chapter to practice medicine and surgery, osteopathic	20240
medicine and surgery, or podiatric medicine and surgery, upon	20241
application and qualification therefor in accordance with this	20242
section, a certificate of registration under the seal of the	20243
board. A certificate of registration shall be valid for a two-year	20244
period.	20245

(D) Failure of any certificate holder to register and comply	20246
with this section shall operate automatically to suspend the	20247
holder's certificate to practice. Continued practice after the	20248
suspension of the certificate to practice shall be considered as	20249
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	20250
the Revised Code. If the certificate has been suspended pursuant	20251
to this division for two years or less, it may be reinstated. The	20252
board shall reinstate a certificate to practice suspended for	20253
failure to register upon an applicant's submission of a renewal	20254
application, the biennial registration fee, and the applicable	20255
monetary penalty. The penalty for reinstatement shall be fifty	20256
dollars. If the certificate has been suspended pursuant to this	20257
division for more than two years, it may be restored. Subject to	20258
section 4731.222 of the Revised Code, the board may restore a	20259
certificate to practice suspended for failure to register upon an	20260
applicant's submission of a restoration application, the biennial	20261
registration fee, and the applicable monetary penalty and	20262
compliance with sections 4776.01 to 4776.04 of the Revised Code.	20263
The board shall not restore to an applicant a certificate to	20264
practice unless the board, in its discretion, decides that the	20265
results of the criminal records check do not make the applicant	20266
ineligible for a certificate issued pursuant to section 4731.14,	20267
4731.56, or 4731.57 of the Revised Code. The penalty for	20268
restoration shall be one hundred dollars. The board shall deposit	20269
the penalties in accordance with section 4731.24 of the Revised	20270
Code.	20271

(E) If an individual certifies completion of the number of	20272
hours and type of continuing medical education required to receive	20273
a certificate of registration or reinstatement of a certificate to	20274
practice, and the board finds through the random samples it	20275
conducts under this section or through any other means that the	20276
individual did not complete the requisite continuing medical	20277
education, the board may impose a civil penalty of not more than	20278
five thousand dollars. The board's finding shall be made pursuant	20279
to an adjudication under Chapter 119. of the Revised Code and by	20280
an affirmative vote of not fewer than six members.	20281

A civil penalty imposed under this division may be in	20282
addition to or in lieu of any other action the board may take	20283
under section 4731.22 of the Revised Code. The board shall deposit	20284
civil penalties in accordance with section 4731.24 of the Revised	20285
Code.	20286

(F) The state medical board may obtain information not	20287
protected by statutory or common law privilege from courts and	20288
other sources concerning malpractice claims against any person	20289
holding a certificate to practice under this chapter or practicing	20290
as provided in section 4731.36 of the Revised Code.	20291

(G) Each mailing sent by the board under division (B)(2) of	20292
this section to a person registered to practice medicine and	20293
surgery or osteopathic medicine and surgery shall inform the	20294
applicant of the reporting requirement established by division (H)	20295
of section 3701.79 of the Revised Code. At the discretion of the	20296
board, the information may be included on the application for	20297
registration or on an accompanying page.	20298

Sec. 4731.77. When a physician orders a test for the	20299
presence of Lyme disease in a patient, the physician or	20300
physician's delegate shall provide to the patient or patient's	20301
representative a written notice with the following information:	20302

"Your health care provider has ordered a test for the	20303
presence of Lyme disease. Current testing for Lyme disease can be	20304
problematic and may lead to false results. If you are tested for	20305
Lyme disease and the results are positive, this does not	20306
necessarily mean that you have contracted Lyme disease. In the	20307
alternative, if the results are negative, this does not	20308
necessarily mean that you have not contracted Lyme disease. If you	20309
continue to experience symptoms or have other health concerns, you	20310
should contact your health care provider and inquire about the	20311
appropriateness of additional testing or treatment."	20312

The physician or physician's delegate shall obtain a	20313
signature from the patient or patient's representative indicating	20314
receipt of the notice. The document containing the signature shall	20315
be kept in the patient's record.	20316

Sec. 4737.045. (A) To register as a scrap metal dealer or a	20317
bulk merchandise container dealer with the director of public	20318
safety as required by division (B) of section 4737.04 of the	20319
Revised Code, a person shall do all of the following:	20320

(1) Provide the name and street address of the dealer's place	20321
of business;	20322

(2) Provide the name of the primary owner of the business,	20323
and of the manager of the business, if the manager is not the	20324
primary owner;	20325

(3) Provide the electronic mail address of the business;

20326

(4) Provide confirmation that the dealer has the capabilities	20327
to electronically connect with the department of public safety for	20328
the purpose of sending and receiving information;	20329

(5) Provide any other information required by the director in	20330
rules the director adopts pursuant to sections 4737.01 to 4737.045	20331
of the Revised Code;	20332

(6) Pay an initial registration fee of two hundred dollars.

20333

(B) A person engaging in the business of a scrap metal dealer	20334
or a bulk merchandise container dealer in this state on or before	20335
~~the effective date of this section~~September 28, 2012, shall	20336
register with the director not later than January 1, 2013. With	20337
respect to a person who commences engaging in the business of a	20338
scrap metal dealer or a bulk merchandise container dealer after	20339
~~the effective date of this section~~September 28, 2012, the person	20340
shall register with the director pursuant to this section prior to	20341
commencing business as a scrap metal dealer or a bulk merchandise	20342
container dealer.	20343

(C) A registration issued to a scrap metal dealer or a bulk	20344
merchandise container dealer pursuant to this section is valid for	20345
a period of one year. A dealer shall renew the registration in	20346
accordance with the rules adopted by the director and pay a	20347
renewal fee of one hundred fifty dollars to cover the costs of	20348
operating and maintaining the registry created pursuant to	20349
division (E) of this section.	20350

(D) A scrap metal dealer or a bulk merchandise container	20351
dealer registered under this section shall prominently display a	20352
copy of the annual registration certificate received from the	20353
director pursuant to division (E)(2) of this section.	20354

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

20355

(1) Develop and implement, by January 1, 2014, and maintain	20356
as a registry a secure database for use by law enforcement	20357
agencies that is capable of all of the following:	20358

(a) Receiving and securely storing all of the information	20359
required by division (A) of this section and the daily transaction	20360
data that scrap metal dealers and bulk merchandise dealers are	20361
required to send pursuant to division (E)(1) of section 4737.04 of	20362
the Revised Code;	20363

(b) Providing secure search capabilities to law enforcement	20364
agencies for enforcement purposes;	20365

(c) Creating a link and retransmission capability for receipt	20366
of routine scrap theft alerts published by the institute of scrap	20367
recycling industries for transmission to dealers and law	20368
enforcement agencies in the state;	20369

(d) Making the electronic lists prepared pursuant to division	20370
(F)(2) of section 4737.04 of the Revised Code available through an	20371
electronic searchable format for individual law enforcement	20372
agencies and for dealers in the state;	20373

(e) Providing, without charge, interlink programming enabling	20374
the transfer of information to dealers.	20375

(2) Issue, reissue, or deny registration to dealers;

20376

(3) Adopt rules to enforce sections 4737.01 to 4737.045 of	20377
the Revised Code, rules establishing procedures to renew a	20378
registration issued under this section, rules for the format and	20379
maintenance for the records required under division (A) of section	20380
4737.012 of the Revised Code or division (C) of section 4737.04 of	20381
the Revised Code, and rules regarding the delivery of the report	20382
required by division (E)(1) of section 4737.04 of the Revised Code	20383
to the registry, which shall be used exclusively by law	20384
enforcement agencies.	20385

(F) A scrap metal dealer or bulk merchandise container dealer	20386
may search, modify, or update only the dealer's own business data	20387
contained within the registry established in division (E) of this	20388
section.	20389

(G) All fees received by the director pursuant to this	20390
section and division (F) of section 4737.99 of the Revised Code	20391
shall be used to develop and maintain the registry required under	20392
this section. The fees shall be deposited into the ~~security,~~	20393
~~investigations, and policing~~infrastructure protection fund which	20394
is hereby created in ~~section 4501.11 of the Revised Code~~the state	20395
treasury.	20396

Sec. 4741.49. (A) A person holding a license, limited	20397
license, or temporary permit to practice veterinary medicine who	20398
orders a test for the presence of Lyme disease in an animal under	20399
the person's care may report to the department of health any test	20400
result indicating the presence of the disease.	20401

(B) The director of health may adopt rules regarding the	20402
submission of reports described in this section. If rules are	20403
adopted, the rules shall be adopted in accordance with Chapter	20404
119. of the Revised Code.	20405

Sec. 4758.01. As used in this chapter:

20406

(A) "Accredited educational institution" means an educational	20407
institution accredited by an accrediting agency accepted by the	20408
Ohio board of regents.	20409

(B)(1) "Alcohol and other drug clinical counseling	20410
principles, methods, or procedures" means an approach to chemical	20411
dependency counseling that emphasizes the chemical dependency	20412
counselor's role in systematically assisting clients through all	20413
of the following:	20414

(a) Analyzing background and current information;

20415

(b) Exploring possible solutions;

20416

20417

(d) In the case of an independent chemical dependency	20418
counselor-clinical supervisor, independent chemical dependency	20419
counselor, or chemical dependency counselor III only, diagnosing	20420
chemical dependency conditions.	20421

(2) "Alcohol and other drug clinical counseling principles,	20422
methods, or procedures" includes counseling, assessing,	20423
consulting, and referral as they relate to chemical dependency	20424
conditions.	20425

(C) "Alcohol and other drug prevention services" means a	20426
planned process of strategies and activities designed to preclude	20427
the onset of the use of alcohol and other drugs, reduce	20428
problematic use of alcohol and other drugs, or both.	20429

(D) "Chemical dependency conditions" means those conditions	20430
relating to the abuse of or dependency on alcohol or other drugs	20431
that are classified in accepted nosologies, including the	20432
diagnostic and statistical manual of mental disorders and the	20433
international classification of diseases, and in editions of those	20434
nosologies published after December 23, 2002.	20435

(E) "Chemical dependency counseling" means rendering or	20436
offering to render to individuals, groups, or the public a	20437
counseling service involving the application of alcohol and other	20438
drug clinical counseling principles, methods, or procedures to	20439
assist individuals who are abusing or dependent on alcohol or	20440
other drugs.	20441

(F) "Gambling disorder" means a persistent and recurring	20442
maladaptive gambling behavior that is classified in accepted	20443
nosologies, including the diagnostic and statistical manual of	20444
mental disorders and the international classification of diseases,	20445
and in editions of those nosologies published after the effective	20446
date of this section.	20447

(G) Unless the context provides otherwise, "scope of	20448
practice" means the services, methods, and techniques in which and	20449
the areas for which a person who holds a license or, certificate,	20450
or endorsement under this chapter is trained and qualified.	20451

~~(G)~~(H) "Substance abuse professional" has the same meaning as	20452
in 49 C.F.R. 40.3.	20453

~~(H)~~(I) "U.S. department of transportation drug and alcohol	20454
testing program" means a transportation workplace drug and alcohol	20455
testing program governed by 49 C.F.R. part 40.	20456

Sec. 4758.02. (A) Except as provided in section 4758.03 of	20457
the Revised Code, no person shall do any of the following:	20458

(1) Engage in or represent to the public that the person	20459
engages in chemical dependency counseling for a fee, salary, or	20460
other consideration unless the person holds a valid independent	20461
chemical dependency counselor-clinical supervisor license,	20462
independent chemical dependency counselor license, chemical	20463
dependency counselor III license, chemical dependency counselor II	20464
license, or chemical dependency counselor assistant certificate	20465
issued under this chapter;	20466

(2) Use the title "licensed independent chemical dependency	20467
counselor-clinical supervisor," "LICDC-CS," "licensed independent	20468
chemical dependency counselor," "LICDC," "licensed chemical	20469
dependency counselor III," "LCDC III," "licensed chemical	20470
dependency counselor II," "LCDC II," "chemical dependency	20471
counselor assistant," "CDCA," or any other title or description	20472
incorporating the word "chemical dependency counselor" or any	20473
other initials used to identify persons acting in those capacities	20474
unless currently authorized under this chapter to act in the	20475
capacity indicated by the title or initials;	20476

(3) Represent to the public that the person holds a gambling	20477
disorder endorsement unless the person holds a valid gambling	20478
disorder endorsement issued under this chapter;	20479

(4) Represent to the public that the person is a registered	20480
applicant unless the person holds a valid registered applicant	20481
certificate issued under this chapter;	20482

~~(4)~~(5) Use the title "certified prevention specialist II,"	20483
"CPS II," "certified prevention specialist I," "CPS I," "certified	20484
prevention specialist assistant," "CPSA," "registered applicant,"	20485
"RA," or any other title, description, or initials used to	20486
identify persons acting in those capacities unless currently	20487
authorized under this chapter to act in the capacity indicated by	20488
the title or initials.	20489

(B) No person shall engage in or represent to the public that	20490
the person engages in chemical dependency counseling as a chemical	20491
dependency counselor I.	20492

Sec. 4758.06. No individual who holds or has held a license	20493
or, certificate, or endorsement issued under this chapter shall	20494
disclose any information regarding the identity, diagnosis, or	20495
treatment of any of the individual's clients or consumers except	20496
for the purposes and under the circumstances expressly authorized	20497
by 42 U.S.C.A. 290dd-2, regulations promulgated pursuant to that	20498
federal law, other federal law enacted after ~~the effective date of~~	20499
~~this section~~December 23, 2002, to replace 42 U.S.C.A. 290dd-2, or	20500
regulations promulgated under the replacement federal law. The	20501
prohibition of this section applies whether or not the information	20502
is recorded.	20503

Sec. 4758.16. The chemical dependency professionals board	20504
shall not discriminate against any licensee, certificate holder,	20505
endorsement holder, or applicant for a license or, certificate, or	20506
endorsement under this chapter because of the individual's race,	20507
color, religion, gender, national origin, disability as defined in	20508
section 4112.01 of the Revised Code, or age. The board shall	20509
afford a hearing to any individual who files with the board a	20510
statement alleging discrimination based on any of those reasons.	20511

Sec. 4758.20. (A) The chemical dependency professionals board	20512
shall adopt rules to establish, specify, or provide for all of the	20513
following:	20514

(1) Fees for the purposes authorized by section 4758.21 of	20515
the Revised Code;	20516

(2) If the board, pursuant to section 4758.221 of the Revised	20517
Code, elects to administer examinations for individuals seeking to	20518
act as substance abuse professionals in a U.S. department of	20519
transportation drug and alcohol testing program, the board's	20520
administration of the examinations;	20521

(3) For the purpose of section 4758.23 of the Revised Code,	20522
codes of ethical practice and professional conduct for individuals	20523
who hold a license or, certificate, or endorsement issued under	20524
this chapter;	20525

(4) For the purpose of section 4758.24 of the Revised Code,	20526
all of the following:	20527

(a) Good moral character requirements for an individual who	20528
seeks or holds a license or, certificate, or endorsement issued	20529
under this chapter;	20530

(b) The documents that an individual seeking such a license	20531
or, certificate, or endorsement must submit to the board;	20532

(c) Requirements to obtain the license or, certificate, or	20533
endorsement that are in addition to the requirements established	20534
under sections 4758.39, 4758.40, 4758.41, 4758.42, 4758.43,	20535
4758.44, 4758.45, 4758.46, ~~and~~ 4758.47, and 4758.48 of the Revised	20536
Code. The additional requirements may include preceptorships.	20537

(d) The period of time that an individual whose registered	20538
applicant certificate has expired must wait before applying for a	20539
new registered applicant certificate.	20540

(5) For the purpose of section 4758.28 of the Revised Code,	20541
requirements for approval of continuing education courses of study	20542
for individuals who hold a license or, certificate, or endorsement	20543
issued under this chapter;	20544

(6) For the purpose of section 4758.30 of the Revised Code,	20545
the intervention for and treatment of an individual holding a	20546
license or, certificate, or endorsement issued under this chapter	20547
whose abilities to practice are impaired due to abuse of or	20548
dependency on alcohol or other drugs or other physical or mental	20549
condition;	20550

(7) Requirements governing reinstatement of a suspended or	20551
revoked license or, certificate, or endorsement under division (B)	20552
of section 4758.30 of the Revised Code, including requirements for	20553
determining the amount of time an individual must wait to apply	20554
for reinstatement;	20555

(8) For the purpose of section 4758.31 of the Revised Code,	20556
methods of ensuring that all records the board holds pertaining to	20557
an investigation remain confidential during the investigation;	20558

(9) Criteria for employees of the board to follow when	20559
performing their duties under division (B) of section 4758.35 of	20560
the Revised Code;	20561

(10) For the purpose of division (A)(1) of section 4758.39	20562
and division (A)(1) of section 4758.40 of the Revised Code, course	20563
requirements for a degree in a behavioral science or nursing that	20564
shall, at a minimum, include at least forty semester hours in all	20565
of the following courses:	20566

(a) Theories of counseling and psychotherapy;

20567

(b) Counseling procedures;

20568

20569

(d) Relationship therapy;

20570

(e) Research methods and statistics;

20571

(f) Fundamentals of assessment and diagnosis, including	20572
measurement and appraisal;	20573

(g) Psychopathology;

20574

(h) Human development;

20575

(i) Cultural competence in counseling;

20576

(j) Ethics.

20577

(11) For the purpose of division (A)(3) of section 4758.39,	20578
division (A)(3) of section 4758.40, division (A)(3) of section	20579
4758.41, and division (A)(3) of section 4758.42 of the Revised	20580
Code, training requirements for chemical dependency that shall, at	20581
a minimum, include qualifications for the individuals who provide	20582
the training and instruction in all of the following courses:	20583

(a) Theories of addiction;

20584

(b) Counseling procedures and strategies with addicted	20585
populations;	20586

(c) Group process and techniques working with addicted	20587
populations;	20588

(d) Assessment and diagnosis of addiction;

20589

(e) Relationship counseling with addicted populations;

20590

(f) Pharmacology;

20591

(g) Prevention strategies;

20592

(h) Treatment planning;

20593

(i) Legal and ethical issues.

20594

(12) For the purpose of division (B)(2)(b) of section 4758.40	20595
and division (B)(2) of section 4758.41 of the Revised Code,	20596
requirements for the forty clock hours of training on the version	20597
of the diagnostic and statistical manual of mental disorders that	20598
is current at the time of the training, including the number of	20599
the clock hours that must be on substance-related disorders, the	20600
number of the clock hours that must be on chemical dependency	20601
conditions, and the number of the clock hours that must be on	20602
awareness of other mental and emotional disorders;	20603

(13) For the purpose of division (A)(1) of section 4758.41 of	20604
the Revised Code, course requirements for a degree in a behavioral	20605
science or nursing;	20606

(14) For the purpose of division (A) of section 4758.43 of	20607
the Revised Code, training requirements for chemical dependency	20608
counseling that shall, at a minimum, include qualifications for	20609
the individuals who provide the training and instruction in one or	20610
more of the courses listed in division (A)(10) of this section as	20611
selected by the individual seeking the chemical dependency	20612
counselor assistant certificate;	20613

(15) For the purpose of division (A)(2) of section 4758.44 of	20614
the Revised Code, the field of study in which an individual must	20615
obtain at least a bachelor's degree;	20616

(16) For the purpose of division (A)(3) of section 4758.44,	20617
division (A)(3) of section 4758.45, and division (D) of section	20618
4758.46 of the Revised Code, requirements for prevention-related	20619
education;	20620

(17) For the purpose of division (A)(4) of section 4758.44 of	20621
the Revised Code, the number of hours of administrative or	20622
supervisory education that an individual must have;	20623

(18) For the purpose of division (A)(2) of section 4758.45 of	20624
the Revised Code, the field of study in which an individual must	20625
obtain at least an associate's degree;	20626

(19) Standards for the one hundred hours of compensated work	20627
or supervised internship in gambling disorder direct clinical	20628
experience required by division (B)(2) of section 4758.48 of the	20629
Revised Code;	20630

(20) For the purpose of section 4758.51 of the Revised Code,	20631
continuing education requirements for individuals who hold a	20632
license or, certificate, or endorsement issued under this chapter;	20633

~~(20)~~(21) For the purpose of section 4758.51 of the Revised	20634
Code, the number of hours of continuing education that an	20635
individual must complete to have an expired license or,	20636
certificate, or endorsement restored under section 4758.26 of the	20637
Revised Code;	20638

~~(21)~~(22) For the purpose of divisions (A) and (B) of section	20639
4758.52 of the Revised Code, training requirements for chemical	20640
dependency counseling;	20641

~~(22)~~(23) The duties, which may differ, of all of the	20642
following:	20643

(a) An independent chemical dependency counselor-clinical	20644
supervisor licensed under this chapter who supervises a chemical	20645
dependency counselor III under section 4758.56 of the Revised	20646
Code;	20647

(b) An independent chemical dependency counselor-clinical	20648
supervisor, independent chemical dependency counselor, or chemical	20649
dependency counselor III licensed under this chapter who	20650
supervises a chemical dependency counselor assistant under section	20651
4758.59 of the Revised Code;	20652

(c) A prevention specialist II or prevention specialist I	20653
certified under this chapter or independent chemical dependency	20654
counselor-clinical supervisor, independent chemical dependency	20655
counselor, or chemical dependency counselor III licensed under	20656
this chapter who supervises a prevention specialist assistant or	20657
registered applicant under section 4758.61 of the Revised Code.	20658

~~(23)~~(24) The duties of an independent chemical dependency	20659
counselor licensed under this chapter who holds the gambling	20660
disorder endorsement who supervises a chemical dependency	20661
counselor III with the gambling disorder endorsement under section	20662
4758.62 of the Revised Code.	20663

(25) Anything else necessary to administer this chapter.

20664

(B) All rules adopted under this section shall be adopted in	20665
accordance with Chapter 119. of the Revised Code and any	20666
applicable federal laws and regulations.	20667

(C) When it adopts rules under this section, the board may	20668
consider standards established by any national association or	20669
other organization representing the interests of those involved in	20670
chemical dependency counseling or alcohol and other drug	20671
prevention services.	20672

Sec. 4758.21. (A) In accordance with rules adopted under	20673
section 4758.20 of the Revised Code and subject to division (B) of	20674
this section, the chemical dependency professionals board shall	20675
establish, and may from time to time adjust, fees to be charged	20676
for the following:	20677

(1) Admitting an individual to an examination administered	20678
pursuant to section 4758.22 of the Revised Code;	20679

(2) Issuing an initial independent chemical dependency	20680
counselor-clinical supervisor license, independent chemical	20681
dependency counselor license, chemical dependency counselor III	20682
license, chemical dependency counselor II license, chemical	20683
dependency counselor assistant certificate, prevention specialist	20684
II certificate, prevention specialist I certificate, prevention	20685
specialist assistant certificate, or registered applicant	20686
certificate;	20687

(3) Issuing an initial gambling disorder endorsement;

20688

(4) Renewing an independent chemical dependency	20689
counselor-clinical supervisor license, independent chemical	20690
dependency counselor license, chemical dependency counselor III	20691
license, chemical dependency counselor II license, chemical	20692
dependency counselor assistant certificate, prevention specialist	20693
II certificate, prevention specialist I certificate, or prevention	20694
specialist assistant certificate;	20695

~~(4)~~(5) Renewing a gambling disorder endorsement;

20696

(6) Approving continuing education courses under section	20697
4758.28 of the Revised Code;	20698

~~(5)~~(7) Doing anything else the board determines necessary to	20699
administer this chapter.	20700

(B) The fees established under division (A) of this section	20701
are nonrefundable. They shall be in amounts sufficient to cover	20702
the necessary expenses of the board in administering this chapter	20703
and rules adopted under it. The fees for a license or,	20704
certificate, or endorsement and the renewal of a license or,	20705
certificate, or endorsement may differ for the various types of	20706
licenses ~~and~~, certificates, or endorsements, but shall not exceed	20707
one hundred seventy-five dollars each, unless the board determines	20708
that amounts in excess of one hundred seventy-five dollars are	20709
needed to cover its necessary expenses in administering this	20710
chapter and rules adopted under it and the amounts in excess of	20711
one hundred seventy-five dollars are approved by the controlling	20712
board.	20713

(C) All vouchers of the board shall be approved by the	20714
chairperson or executive director of the board, or both, as	20715
authorized by the board.	20716

Sec. 4758.23. (A) In rules adopted under section 4758.20 of	20717
the Revised Code, the chemical dependency professionals board	20718
shall establish codes of ethical practice and professional conduct	20719
for the following:	20720

(1) Individuals who hold a valid independent chemical	20721
dependency counselor-clinical supervisor license, independent	20722
chemical dependency counselor license, chemical dependency	20723
counselor III license, chemical dependency counselor II license,	20724
or chemical dependency counselor assistant certificate issued	20725
under this chapter;	20726

(2) Individuals who hold a valid prevention specialist II	20727
certificate, prevention specialist I certificate, prevention	20728
specialist assistant certificate, or registered applicant	20729
certificate issued under this chapter;	20730

(3) Individuals who hold a valid gambling disorder	20731
endorsement.	20732

(B) The codes for individuals identified under division	20733
(A)(1) of this section shall define unprofessional conduct, which	20734
shall include engaging in a dual relationship with a client,	20735
former client, consumer, or former consumer; committing an act of	20736
sexual abuse, misconduct, or exploitation of a client, former	20737
client, consumer, or former consumer; and, except as permitted by	20738
law, violating client or consumer confidentiality.	20739

(C) The codes for individuals identified under division	20740
(A)(1) of this section may be based on any codes of ethical	20741
practice and professional conduct developed by national	20742
associations or other organizations representing the interests of	20743
those involved in chemical dependency counseling. The codes for	20744
individuals identified under division (A)(2) of this section may	20745
be based on any codes of ethical practice and professional conduct	20746
developed by national associations or other organizations	20747
representing the interests of those involved in alcohol and other	20748
drug prevention services. The board may establish standards in the	20749
codes that are more stringent than those established by the	20750
national associations or other organizations.	20751

Sec. 4758.24. (A) The chemical dependency professionals board	20752
shall issue a license or, certificate, or endorsement under this	20753
chapter to an individual who meets all of the following	20754
requirements:	20755

(1) Is of good moral character as determined in accordance	20756
with rules adopted under section 4758.20 of the Revised Code;	20757

(2) Except as provided in section 4758.241 of the Revised	20758
Code, submits a properly completed application and all other	20759
documentation specified in rules adopted under section 4758.20 of	20760
the Revised Code;	20761

(3) Except as provided in section 4758.241 of the Revised	20762
Code, pays the fee established under section 4758.21 of the	20763
Revised Code for the license or, certificate, or endorsement that	20764
the individual seeks;	20765

(4) Meets the requirements to obtain the license or,	20766
certificate, or endorsement that the individual seeks as specified	20767
in section 4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44,	20768
4758.45, 4758.46, or 4758.47, or 4758.48 of the Revised Code;	20769

(5) Meets any additional requirements specified in rules	20770
adopted under section 4758.20 of the Revised Code to obtain the	20771
license or, certificate, or endorsement that the individual seeks.	20772

(B) The board shall not do either of the following:

20773

(1) Issue a certificate to practice as a chemical dependency	20774
counselor I;	20775

(2) Issue a new registered applicant certificate to an	20776
individual whose previous registered applicant certificate has	20777
been expired for less than the period of time specified in rules	20778
adopted under section 4758.20 of the Revised Code.	20779

Sec. 4758.26. (A) Subject to section 4758.30 of the Revised	20780
Code, a license or, certificate, or endorsement issued under this	20781
chapter expires the following period of time after it is issued:	20782

(1) In the case of an initial chemical dependency counselor	20783
assistant certificate, thirteen months;	20784

(2) In the case of any other license or, certificate, or	20785
endorsement, two years.	20786

(B) Subject to section 4758.30 of the Revised Code and except	20787
as provided in section 4758.27 of the Revised Code, the chemical	20788
dependency professionals board shall renew a license or,	20789
certificate, or endorsement issued under this chapter in	20790
accordance with the standard renewal procedure established under	20791
Chapter 4745. of the Revised Code if the individual seeking the	20792
renewal pays the renewal fee established under section 4758.21 of	20793
the Revised Code and does the following:	20794

(1) In the case of an individual seeking renewal of an	20795
initial chemical dependency counselor assistant certificate,	20796
satisfies the additional training requirement established under	20797
section 4758.52 of the Revised Code;	20798

(2) In the case of any other individual, satisfies the	20799
continuing education requirements established under section	20800
4758.51 of the Revised Code.	20801

(C) Subject to section 4758.30 of the Revised Code and except	20802
as provided in section 4758.27 of the Revised Code, a license or,	20803
certificate, or endorsement issued under this chapter that has	20804
expired may be restored if the individual seeking the restoration,	20805
not later than two years after the license or, certificate, or	20806
endorsement expires, applies for restoration of the license or,	20807
certificate, or endorsement. The board shall issue a restored	20808
license or, certificate, or endorsement to the individual if the	20809
individual pays the renewal fee established under section 4758.21	20810
of the Revised Code and does the following:	20811

(1) In the case of an individual whose initial chemical	20812
dependency counselor assistant certificate expired, satisfies the	20813
additional training requirement established under section 4758.52	20814
of the Revised Code;	20815

(2) In the case of any other individual, satisfies the	20816
continuing education requirements established under section	20817
4758.51 of the Revised Code for restoring the license or,	20818
certificate, or endorsement.	20819

The board shall not require an individual to take an	20820
examination as a condition of having an expired license or,	20821
certificate, or endorsement restored under this section.	20822

Sec. 4758.28. The chemical dependency professionals board	20823
shall approve, in accordance with rules adopted under section	20824
4758.20 of the Revised Code and subject to payment of the fee	20825
established under section 4758.21 of the Revised Code, continuing	20826
education courses of study for individuals who hold a license or,	20827
certificate, or endorsement issued under this chapter.	20828

Sec. 4758.29. On receipt of a notice pursuant to section	20829
3123.43 of the Revised Code, the chemical dependency professionals	20830
board shall comply with sections 3123.41 to 3123.50 of the Revised	20831
Code and any applicable rules adopted under section 3123.63 of the	20832
Revised Code with respect to a license or, certificate, or	20833
endorsement issued pursuant to this chapter.	20834

Sec. 4758.30. (A) The chemical dependency professionals	20835
board, in accordance with Chapter 119. of the Revised Code, may	20836
refuse to issue a license or, certificate, or endorsement applied	20837
for under this chapter; refuse to renew or restore a license or,	20838
certificate, or endorsement issued under this chapter; suspend,	20839
revoke, or otherwise restrict a license or, certificate, or	20840
endorsement issued under this chapter; or reprimand an individual	20841
holding a license or, certificate, or endorsement issued under	20842
this chapter. These actions may be taken by the board regarding	20843
the applicant for a license or, certificate, or endorsement or the	20844
individual holding a license or, certificate, or endorsement for	20845
one or more of the following reasons:	20846

(1) Violation of any provision of this chapter or rules	20847
adopted under it;	20848

(2) Knowingly making a false statement on an application for	20849
a license or, certificate, or endorsement or for renewal,	20850
restoration, or reinstatement of a license or, certificate, or	20851
endorsement;	20852

(3) Acceptance of a commission or rebate for referring an	20853
individual to a person who holds a license or certificate issued	20854
by, or who is registered with, an entity of state government,	20855
including persons practicing chemical dependency counseling,	20856
alcohol and other drug prevention services, gambling disorder	20857
counseling, or fields related to chemical dependency counseling,	20858
gambling disorder counseling, or alcohol and other drug prevention	20859
services;	20860

(4) Conviction in this or any other state of any crime that	20861
is a felony in this state;	20862

(5) Conviction in this or any other state of a misdemeanor	20863
committed in the course of practice as an independent chemical	20864
dependency counselor-clinical supervisor, independent chemical	20865
dependency counselor, chemical dependency counselor III, chemical	20866
dependency counselor II, chemical dependency counselor assistant,	20867
prevention specialist II, gambling disorder endorsee, prevention	20868
specialist I, prevention specialist assistant, or registered	20869
applicant;	20870

(6) Inability to practice as an independent chemical	20871
dependency counselor-clinical supervisor, independent chemical	20872
dependency counselor, chemical dependency counselor III, chemical	20873
dependency counselor II, chemical dependency counselor assistant,	20874
gambling disorder endorsee, prevention specialist II, prevention	20875
specialist I, prevention specialist assistant, or registered	20876
applicant due to abuse of or dependency on alcohol or other drugs	20877
or other physical or mental condition;	20878

(7) Practicing outside the individual's scope of practice;

20879

(8) Practicing without complying with the supervision	20880
requirements specified under section 4758.56, 4758.59, or 4758.61,	20881
or 4758.62 of the Revised Code;	20882

(9) Violation of the code of ethical practice and	20883
professional conduct for chemical dependency counseling or,	20884
alcohol and other drug prevention, or gambling disorder counseling	20885
services adopted by the board pursuant to section 4758.23 of the	20886
Revised Code;	20887

(10) Revocation of a license or, certificate, or endorsement	20888
or voluntary surrender of a license or, certificate, or	20889
endorsement in another state or jurisdiction for an offense that	20890
would be a violation of this chapter.	20891

(B) An individual whose license or, certificate, or	20892
endorsement has been suspended or revoked under this section may	20893
apply to the board for reinstatement after an amount of time the	20894
board shall determine in accordance with rules adopted under	20895
section 4758.20 of the Revised Code. The board may accept or	20896
refuse an application for reinstatement. The board may require an	20897
examination for reinstatement of a license or, certificate, or	20898
endorsement that has been suspended or revoked.	20899

Sec. 4758.31. The chemical dependency professionals board	20900
shall investigate alleged violations of this chapter or the rules	20901
adopted under it and alleged irregularities in the delivery of	20902
chemical dependency counseling services, gambling disorder	20903
counseling services, or alcohol and other drug prevention services	20904
by individuals who hold a license or, certificate, or endorsement	20905
issued under this chapter. As part of an investigation, the board	20906
may issue subpoenas, examine witnesses, and administer oaths.	20907

The board may receive any information necessary to conduct an	20908
investigation under this section that has been obtained in	20909
accordance with federal laws and regulations. If the board is	20910
investigating the provision of chemical dependency counseling	20911
services or gambling disorder counseling services to a couple or	20912
group, it is not necessary for both members of the couple or all	20913
members of the group to consent to the release of information	20914
relevant to the investigation.	20915

The board shall ensure, in accordance with rules adopted	20916
under section 4758.20 of the Revised Code, that all records it	20917
holds pertaining to an investigation remain confidential during	20918
the investigation. After the investigation, the records are public	20919
records except as otherwise provided by federal or state law.	20920

Sec. 4758.35. (A) An individual seeking a license or,	20921
certificate, or endorsement issued under this chapter shall file	20922
with the chemical dependency professionals board a written	20923
application on a form prescribed by the board. Each form shall	20924
state that a false statement made on the form is the crime of	20925
falsification under section 2921.13 of the Revised Code.	20926

(B) The board shall require an individual or individuals	20927
employed by the board under section 4758.15 of the Revised Code to	20928
do both of the following in accordance with criteria established	20929
by rules adopted under section 4758.20 of the Revised Code:	20930

(1) Receive and review all applications submitted to the	20931
board;	20932

(2) Submit to the board all applications the individual or	20933
individuals recommend the board review based on the criteria	20934
established in the rules.	20935

(C) The board shall review all applications submitted to the	20936
board pursuant to division (B)(2) of this section.	20937

Sec. 4758.36. As part of the review process under division	20938
(C) of section 4758.35 of the Revised Code of an application	20939
submitted by an applicant who has obtained the applicant's	20940
education, experience in chemical dependency counseling, gambling	20941
disorder, or alcohol and other drug prevention services, or	20942
education and experience outside the United States, the chemical	20943
dependency professionals board shall determine whether the	20944
applicant's command of the English language and education or	20945
experience meet the standards required by this chapter and rules	20946
adopted under it.	20947

Sec. 4758.48. An individual is not eligible for a gambling	20948
disorder endorsement unless the individual meets the requirements	20949
of divisions (A) and (B) of this section.	20950

(A) The individual is an independent chemical dependency	20951
counselor, chemical dependency counselor III, or chemical	20952
dependency counselor II licensed under this chapter.	20953

(B) Except as otherwise provided in this division, the	20954
individual has completed both of the following:	20955

(1) A minimum of thirty hours of gambling disorder training	20956
that meets the requirements prescribed in rules adopted under	20957
section 4758.20 of the Revised Code; and	20958

(2) A minimum of one hundred hours of compensated work or	20959
supervised internship in gambling disorder direct clinical	20960
experience.	20961

An individual may be issued an initial gambling disorder	20962
endorsement without having complied with division (B)(2) of this	20963
section, but the individual shall comply with division (B)(2) of	20964
this section before expiration of the initial endorsement. An	20965
individual who fails to comply with this paragraph is not entitled	20966
to renewal of the initial endorsement.	20967

Sec. 4758.50. An individual who holds a license or,	20968
certificate, or endorsement issued under this chapter shall post	20969
the license or, certificate, or endorsement in a prominent place	20970
at the individual's place of employment.	20971

Sec. 4758.51. (A) Except as provided in division (C) of this	20972
section and in accordance with rules adopted under section 4758.20	20973
of the Revised Code, each individual who holds a license or,	20974
certificate, or endorsement issued under this chapter, other than	20975
an initial chemical dependency counselor assistant certificate,	20976
shall complete during the period that the license or, certificate,	20977
or endorsement is in effect not less than the following number of	20978
clock hours of continuing education as a condition of receiving a	20979
renewed license or, certificate, or endorsement:	20980

(1) In the case of an individual holding a prevention	20981
specialist assistant certificate, twenty;	20982

(2) In the case of an individual holding a gambling disorder	20983
endorsement, six;	20984

(3) In the case of any other individual, forty.

20985

(B) Except as provided in division (C) of this section, an	20986
individual whose license or, certificate, or endorsement issued	20987
under this chapter, other than an initial chemical dependency	20988
counselor assistant certificate, has expired shall complete the	20989
number of hours of continuing education specified in rules adopted	20990
under section 4758.20 of the Revised Code as a condition of	20991
receiving a restored license or, certificate, or endorsement.	20992

(C) The chemical dependency professionals board may waive the	20993
continuing education requirements established under this section	20994
for individuals who are unable to fulfill them because of military	20995
service, illness, residence outside the United States, or any	20996
other reason the board considers acceptable.	20997

Sec. 4758.55. In addition to practicing chemical dependency	20998
counseling, an individual holding a valid independent chemical	20999
dependency counselor license may do all of the following:	21000

(A) Diagnose and treat chemical dependency conditions;

21001

(B) Perform treatment planning, assessment, crisis	21002
intervention, individual and group counseling, case management,	21003
and education services as they relate to abuse of and dependency	21004
on alcohol and other drugs;	21005

(C) Provide clinical supervision of chemical dependency	21006
counseling under the supervision of any of the following:	21007

(1) An independent chemical dependency counselor-clinical	21008
supervisor licensed under this chapter;	21009

(2) An individual authorized under Chapter 4731. of the	21010
Revised Code to practice medicine and surgery or osteopathic	21011
medicine and surgery;	21012

(3) A psychologist licensed under Chapter 4732. of the	21013
Revised Code;	21014

(4) A registered nurse licensed under Chapter 4723. of the	21015
Revised Code or licensed professional clinical counselor,	21016
independent social worker, or independent marriage and family	21017
therapist licensed under Chapter 4757. of the Revised Code if such	21018
supervision is consistent with the scope of practice of the	21019
registered nurse, licensed professional clinical counselor,	21020
independent social worker, or independent marriage and family	21021
therapist;	21022

(5) An individual authorized to practice as a certified nurse	21023
practitioner or clinical nurse specialist under Chapter 4723. of	21024
the Revised Code.	21025

(D) Refer individuals with nonchemical dependency conditions	21026
to appropriate sources of help.	21027

Sec. 4758.561. Any of the following professionals may	21028
supervise a chemical dependency counselor III for purposes of	21029
divisions (A)(1) and (4) of section 4758.56 of the Revised Code:	21030

(A) An independent chemical dependency counselor-clinical	21031
supervisor licensed under this chapter;	21032

(B) An individual authorized under Chapter 4731. of the	21033
Revised Code to practice medicine and surgery or osteopathic	21034
medicine and surgery;	21035

(C) A psychologist licensed under Chapter 4732. of the	21036
Revised Code;	21037

(D) A registered nurse licensed under Chapter 4723. of the	21038
Revised Code or licensed professional clinical counselor,	21039
independent social worker, or independent marriage and family	21040
therapist licensed under Chapter 4757. of the Revised Code if such	21041
supervision is consistent with the scope of practice of the	21042
registered nurse, licensed professional clinical counselor,	21043
independent social worker, or independent marriage and family	21044
therapist;	21045

(E) An individual authorized to practice as a certified nurse	21046
practitioner or clinical nurse specialist under Chapter 4723. of	21047
the Revised Code.	21048

Sec. 4758.59. (A) Subject to division (B) of this section, an	21049
individual holding a valid chemical dependency counselor assistant	21050
certificate may do both of the following in addition to practicing	21051
chemical dependency counseling:	21052

(1) Perform treatment planning, assessment, crisis	21053
intervention, individual and group counseling, case management,	21054
and education services as they relate to abuse of or dependency on	21055
alcohol and other drugs;	21056

(2) Refer individuals with nonchemical dependency conditions	21057
to appropriate sources of help.	21058

(B) An individual holding a valid chemical dependency	21059
counselor assistant certificate may practice chemical dependency	21060
counseling and perform the tasks specified in division (A) of this	21061
section only while under the supervision of any of the following:	21062

(1) An independent chemical dependency counselor-clinical	21063
supervisor, independent chemical dependency counselor, or chemical	21064
dependency counselor III licensed under this chapter;	21065

(2) An individual authorized under Chapter 4731. of the	21066
Revised Code to practice medicine and surgery or osteopathic	21067
medicine and surgery;	21068

(3) A psychologist licensed under Chapter 4732. of the	21069
Revised Code;	21070

(4) A registered nurse licensed under Chapter 4723. of the	21071
Revised Code or licensed professional clinical counselor,	21072
independent social worker, or independent marriage and family	21073
therapist licensed under Chapter 4757. of the Revised Code if such	21074
supervision is consistent with the scope of practice of the	21075
registered nurse, licensed professional clinical counselor,	21076
independent social worker, or independent marriage and family	21077
therapist;	21078

(5) An individual authorized to practice as a certified nurse	21079
practitioner or clinical nurse specialist under Chapter 4723. of	21080
the Revised Code.	21081

(C) A chemical dependency counselor assistant may not	21082
practice as an individual practitioner.	21083

Sec. 4758.60. An individual who holds a valid prevention	21084
specialist II certificate or prevention specialist I certificate	21085
issued under this chapter may engage in the practice of ~~alcohol~~	21086
~~and other drug~~ prevention services as specified in rules adopted	21087
under section 4758.20 of the Revised Code.	21088

Sec. 4758.61. An individual who holds a valid prevention	21089
specialist assistant certificate or registered applicant	21090
certificate issued under this chapter may engage in the practice	21091
of alcohol and other drug prevention services under the	21092
supervision of any of the following:	21093

(A) A prevention specialist II or prevention specialist I	21094
certified under this chapter;	21095

(B) An independent chemical dependency counselor-clinical	21096
supervisor, an independent chemical dependency counselor, or a	21097
chemical dependency counselor III licensed under this chapter;	21098

(C) An individual authorized under Chapter 4731. of the	21099
Revised Code to practice medicine and surgery or osteopathic	21100
medicine and surgery;	21101

(D) A psychologist licensed under Chapter 4732. of the	21102
Revised Code;	21103

(E) A registered nurse licensed under Chapter 4723. of the	21104
Revised Code;	21105

(F) A licensed professional clinical counselor, a licensed	21106
professional counselor, an independent social worker, a social	21107
worker, an independent marriage and family therapist, or a	21108
marriage and family therapist licensed under Chapter 4757. of the	21109
Revised Code;	21110

(G) A school counselor licensed by the department of	21111
education pursuant to section 3319.22 of the Revised Code;	21112

(H) A health education specialist certified by the national	21113
commission for health education credentialing;	21114

(I) An individual authorized to practice as a certified nurse	21115
practitioner or clinical nurse specialist under Chapter 4723. of	21116
the Revised Code.	21117

Sec. 4758.62. An individual who holds an independent	21118
chemical dependency counselor license and a gambling disorder	21119
endorsement may do all of the following:	21120

(A) Diagnose and treat gambling disorder conditions;

21121

(B) Perform treatment planning, assessment, crisis	21122
intervention, individual and group counseling, case management,	21123
and educational services insofar as those functions relate to	21124
gambling disorders;	21125

21126

(D) Refer individuals with other gambling conditions to	21127
appropriate sources of help.	21128

Sec. 4758.63. An individual who holds a chemical dependency	21129
counselor III license and a gambling disorder endorsement may do	21130
all of the following:	21131

(A) Treat gambling disorder conditions;

21132

(B) Diagnose gambling disorder conditions under supervision;

21133

(C) Perform treatment planning, assessment, crisis	21134
intervention, individual and group counseling, case management,	21135
and educational services insofar as those functions relate to	21136
gambling disorders;	21137

(D) Supervise gambling disorder counseling under supervision;	21138
and	21139

(E) Refer individuals with other gambling conditions to	21140
appropriate sources of help.	21141

The supervision required by divisions (B) and (D) of this	21142
section shall be provided by an independent chemical dependency	21143
counselor licensed under this chapter; an individual authorized to	21144
practice medicine and surgery or osteopathic medicine and surgery	21145
under Chapter 4731. of the Revised Code; a psychologist licensed	21146
under Chapter 4732. of the Revised Code; an individual authorized	21147
to practice as a certified nurse practitioner or clinical nurse	21148
specialist under Chapter 4723. of the Revised Code; a registered	21149
nurse licensed under Chapter 4723. of the Revised Code; or a	21150
professional clinical counselor, independent social worker, or	21151
independent marriage and family therapist licensed under Chapter	21152
4757. of the Revised Code.	21153

An individual holding a chemical dependency counselor III	21154
license shall not practice as an individual practitioner.	21155

Sec. 4758.64. An individual who holds a chemical dependency	21156
counselor II license and a gambling disorder endorsement may do	21157
all of the following:	21158

(A) Treat gambling disorder conditions;

21159

(B) Perform treatment planning, assessment, crisis	21160
intervention, individual and group counseling, case management,	21161
and educational services insofar as those functions relate to	21162
gambling disorders; and	21163

(C) Refer individuals with other gambling conditions to	21164
appropriate sources of help.	21165

An individual holding a chemical dependency II license shall	21166
not practice as an individual practitioner.	21167

Sec. 4758.71. Nothing in this chapter or the rules adopted	21168
under it authorizes an individual who holds a license or,	21169
certificate, or endorsement issued under this chapter to admit a	21170
patient to a hospital or requires a hospital to allow any such	21171
individual to admit a patient.	21172

Sec. 4781.04. (A) The manufactured homes commission shall	21173
adopt rules pursuant to Chapter 119. of the Revised Code to do all	21174
of the following:	21175

(1) Establish uniform standards that govern the installation	21176
of manufactured housing. Not later than one hundred eighty days	21177
after the secretary of the United States department of housing and	21178
urban development adopts model standards for the installation of	21179
manufactured housing or amends those standards, the commission	21180
shall amend its standards as necessary to be consistent with, and	21181
not less stringent than, the model standards for the design and	21182
installation of manufactured housing the secretary adopts or any	21183
manufacturers' standards that the secretary determines are equal	21184
to or not less stringent than the model standards.	21185

(2) Govern the inspection of the installation of manufactured	21186
housing. The rules shall specify that the commission, any building	21187
department or personnel of any department, or any private third	21188
party, certified pursuant to section 4781.07 of the Revised Code	21189
shall conduct all inspections of the installation of manufactured	21190
housing located in manufactured home parks to determine compliance	21191
with the uniform installation standards the commission establishes	21192
pursuant to this section.	21193

(3) Govern the design, construction, installation, approval,	21194
and inspection of foundations and the base support systems for	21195
manufactured housing. The rules shall specify that the commission,	21196
any building department or personnel of any department, or any	21197
private third party, certified pursuant to section 4781.07 of the	21198
Revised Code shall conduct all inspections of the installation,	21199
foundations, and base support systems of manufactured housing	21200
located in manufactured home parks to determine compliance with	21201
the uniform installation standards and foundation and base support	21202
system design the commission establishes pursuant to this section.	21203

(4) Govern the training, experience, and education	21204
requirements for manufactured housing installers, manufactured	21205
housing dealers, manufactured housing brokers, and manufactured	21206
housing salespersons;	21207

(5) Establish a code of ethics for manufactured housing	21208
installers;	21209

(6) Govern the issuance, revocation, and suspension of	21210
licenses to manufactured housing installers;	21211

(7) Establish fees for the issuance and renewal of licenses,	21212
for conducting inspections to determine an applicant's compliance	21213
with this chapter and the rules adopted pursuant to it, and for	21214
the commission's expenses incurred in implementing this chapter;	21215

(8) Establish conditions under which a licensee may enter	21216
into contracts to fulfill the licensee's responsibilities;	21217

(9) Govern the investigation of complaints concerning any	21218
violation of this chapter or the rules adopted pursuant to it or	21219
complaints involving the conduct of any licensed manufactured	21220
housing installer or person installing manufactured housing	21221
without a license, licensed manufactured housing dealer, licensed	21222
manufactured housing broker, or manufactured housing salesperson;	21223

(10) Establish a dispute resolution program for the timely	21224
resolution of warranty issues involving new manufactured homes,	21225
disputes regarding responsibility for the correction or repair of	21226
defects in manufactured housing, and the installation of	21227
manufactured housing. The rules shall provide for the timely	21228
resolution of disputes between manufacturers, manufactured housing	21229
dealers, and installers regarding the correction or repair of	21230
defects in manufactured housing that are reported by the purchaser	21231
of the home during the one-year period beginning on the date of	21232
installation of the home. The rules also shall provide that	21233
decisions made regarding the dispute under the program are not	21234
binding upon the purchaser of the home or the other parties	21235
involved in the dispute unless the purchaser so agrees in a	21236
written acknowledgement that the purchaser signs and delivers to	21237
the program within ten business days after the decision is issued.	21238

(11) Establish the requirements and procedures for the	21239
certification of building departments and building department	21240
personnel pursuant to section 4781.07 of the Revised Code;	21241

(12) Establish fees to be charged to building departments and	21242
building department personnel applying for certification and	21243
renewal of certification pursuant to section 4781.07 of the	21244
Revised Code;	21245

(13) Develop a policy regarding the maintenance of records	21246
for any inspection authorized or conducted pursuant to this	21247
chapter. Any record maintained under division (A)(13) of this	21248
section shall be a public record under section 149.43 of the	21249
Revised Code.	21250

(14) Carry out any other provision of this chapter.

21251

(B) The manufactured homes commission shall do all of the	21252
following:	21253

(1) Prepare and administer a licensure examination to	21254
determine an applicant's knowledge of manufactured housing	21255
installation and other aspects of installation the commission	21256
determines appropriate;	21257

(2) Select, provide, or procure appropriate examination	21258
questions and answers for the licensure examination and establish	21259
the criteria for successful completion of the examination;	21260

(3) Prepare and distribute any application form this chapter	21261
requires;	21262

(4) Receive applications for licenses and renewal of licenses	21263
and issue licenses to qualified applicants;	21264

(5) Establish procedures for processing, approving, and	21265
disapproving applications for licensure;	21266

(6) Retain records of applications for licensure, including	21267
all application materials submitted and a written record of the	21268
action taken on each application;	21269

(7) Review the design and plans for manufactured housing	21270
installations, foundations, and support systems;	21271

(8) Inspect a sample of homes at a percentage the commission	21272
determines to evaluate the construction and installation of	21273
manufactured housing installations, foundations, and support	21274
systems to determine compliance with the standards the commission	21275
adopts;	21276

(9) Investigate complaints concerning violations of this	21277
chapter or the rules adopted pursuant to it, or the conduct of any	21278
manufactured housing installer, manufactured housing dealer,	21279
manufactured housing broker, or manufactured housing salesperson;	21280

(10) Determine appropriate disciplinary actions for	21281
violations of this chapter;	21282

(11) Conduct audits and inquiries of manufactured housing	21283
installers, manufactured housing dealers, and manufactured housing	21284
brokers as appropriate for the enforcement of this chapter. The	21285
commission, or any person the commission employs for the purpose,	21286
may review and audit the business records of any manufactured	21287
housing installer, dealer, or broker during normal business hours.	21288

(12) Approve an installation training course, which may be	21289
offered by the Ohio manufactured homes association or other	21290
entity;	21291

(13) Perform any function or duty necessary to administer	21292
this chapter and the rules adopted pursuant to it.	21293

(C) Nothing in this section, or in any rule adopted by the	21294
manufactured homes commission, shall be construed to limit the	21295
authority of a board of health to enforce section 3701.344 or	21296
Chapters 3703., 3718., and 3781. of the Revised Code or limit the	21297
authority of the department of administrative services to lease	21298
space for the use of a state agency and to group together state	21299
offices in any city in the state as provided in section 123.01 of	21300
the Revised Code.	21301

Sec. 4905.911. (A)(1) Except as provided in division (A)(2)	21302
of this section:	21303

(a) The public utilities commission shall require an operator	21304
of either of the following types of pipelines that was completely	21305
constructed on or after ~~the effective date of this section~~	21306
September 10, 2012, and that transports gas produced by a	21307
horizontal well to comply with the applicable pipe design	21308
requirements of 49 C.F.R. 192 subpart C:	21309

~~(a)~~(i) A gas gathering pipeline;

21310

~~(b)~~(ii) A processing plant gas stub pipeline.

21311

~~(2)~~(b) The commission shall also require the operator to do	21312
all of the following regarding that pipeline:	21313

~~(a)~~(i) Design, install, construct, initially inspect, and	21314
initially test the pipeline in accordance with the requirements of	21315
49 C.F.R. 192 if the pipeline is new, replaced, relocated, or	21316
otherwise changed;	21317

~~(b)~~(ii) Control corrosion according to requirements of 49	21318
C.F.R. 192 subpart I if the pipeline is metallic;	21319

~~(c)~~(iii) Establish and carry out a damage prevention program	21320
under 49 C.F.R. 192.614;	21321

~~(d)~~(iv) Establish and carry out a public education program	21322
under 49 C.F.R. 192.616;	21323

~~(e)~~(v) Establish the MAOP of the pipeline under 49 C.F.R.	21324
192.619;	21325

~~(f)~~(vi) Install and maintain pipeline markers according to	21326
the requirements for transmission lines under 49 C.F.R. 192.707;	21327

~~(g)~~(vii) Perform leakage surveys according to requirements in	21328
49 C.F.R. 192.706;	21329

~~(h)~~(viii) Retain a record of each required leakage survey	21330
conducted under division (A)~~(2)(g)~~(1)(b)(vii) of this section and	21331
49 C.F.R. 192.706 for five years or until the next leakage survey	21332
is completed, whichever time period is longer.	21333

(2) The commission may, at its discretion and in accordance	21334
with subsection (d) of 49 U.S.C. 60118, waive compliance with a	21335
pipe design requirement of 49 C.F.R. 192 subpart C.	21336

(B)(1) Any person who plans to construct a pipeline subject	21337
to division (A) of this section after ~~the effective date of this~~	21338
~~section~~September 10, 2012, shall file with the public utilities	21339
commission division of pipeline safety a form approved by the	21340
division that includes all of the following information:	21341

(a) The route of the proposed pipeline;

21342

(b) The MAOP of the pipeline;

21343

21344

(d) The wall thickness of the pipeline;

21345

(e) The material that the pipeline will be made of;

21346

(f) The yield strength of the pipeline.

21347

The form shall be filed with the division not later than	21348
twenty-one days prior to the commencement of construction of the	21349
pipeline.	21350

(2) Not later than sixty days after the completion of	21351
construction of a pipeline subject to division (B)(1) of this	21352
section, the operator of the pipeline shall file with the public	21353
utilities commission division of pipeline safety an explanation of	21354
the constructed pipeline's route and operating information.	21355

21356

(1) "Horizontal well" has the same meaning as in section	21357
1509.01 of the Revised Code.	21358

(2) "Operator" means any person that owns, operates, manages,	21359
controls, or leases a gas gathering pipeline or a processing plant	21360
gas stub pipeline.	21361

Sec. 4906.20. (A) No person shall commence to construct an	21362
economically significant wind farm in this state without first	21363
having obtained a certificate from the power siting board. An	21364
economically significant wind farm with respect to which such a	21365
certificate is required shall be constructed, operated, and	21366
maintained in conformity with that certificate and any terms,	21367
conditions, and modifications it contains. A certificate shall be	21368
issued only pursuant to this section. The certificate may be	21369
transferred, subject to the approval of the board, to a person	21370
that agrees to comply with those terms, conditions, and	21371
modifications.	21372

(B) The board shall adopt rules governing the certificating	21373
of economically significant wind farms under this section. Initial	21374
rules shall be adopted within one hundred twenty days after June	21375
24, 2008.	21376

(1) The rules shall provide for an application process for	21377
certificating economically significant wind farms that is	21378
identical to the extent practicable to the process applicable to	21379
certificating major utility facilities under sections 4906.06,	21380
4906.07, 4906.08, 4906.09, 4906.10, 4906.11, and 4906.12 of the	21381
Revised Code and shall prescribe a reasonable schedule of	21382
application filing fees structured in the manner of the schedule	21383
of filing fees required for major utility facilities.	21384

(2) Additionally, the rules shall prescribe reasonable	21385
regulations regarding any wind turbines and associated facilities	21386
of an economically significant wind farm, including, but not	21387
limited to, their location, erection, construction,	21388
reconstruction, change, alteration, maintenance, removal, use, or	21389
enlargement and including erosion control, aesthetics,	21390
recreational land use, wildlife protection, interconnection with	21391
power lines and with regional transmission organizations,	21392
independent transmission system operators, or similar	21393
organizations, ice throw, sound and noise levels, blade shear,	21394
shadow flicker, decommissioning, and necessary cooperation for	21395
site visits and enforcement investigations. ~~The~~	21396

(a) The rules also shall prescribe a minimum setback for a	21397
wind turbine of an economically significant wind farm. That	21398
minimum shall be equal to a horizontal distance, from the	21399
turbine's base to the property line of the wind farm property,	21400
equal to one and one-tenth times the total height of the turbine	21401
structure as measured from its base to the tip of its highest	21402
blade and be at least one thousand one hundred twenty-five feet in	21403
horizontal distance from the tip of the turbine's nearest blade at	21404
ninety degrees to ~~the exterior of~~property line of the nearest,	21405
~~habitable, residential structure, if any, located on~~ adjacent	21406
property at the time of the certification application. ~~For~~	21407

(b)(i) For any existing certificates and amendments thereto,	21408
and existing certification applications that have been found by	21409
the chairperson to be in compliance with division (A) of section	21410
4906.06 of the Revised Code before the effective date of the	21411
amendment of this section by H.B. 59 of the 130th general	21412
assembly, September 29, 2013, the distance shall be seven hundred	21413
fifty feet instead of one thousand one hundred twenty-five feet.	21414
~~The~~	21415

(ii) For certification applications that have been found by	21416
the chairperson to be in compliance with division (A) of section	21417
4906.06 of the Revised Code before the effective date of the	21418
amendment of this section by H.B. 483 of the 130th general	21419
assembly, the measurement shall be to the exterior of the nearest,	21420
habitable, residential structure, if any, located on adjacent	21421
property instead of to the property line of the nearest adjacent	21422
property.	21423

(c) The setback shall apply in all cases except those in	21424
which all owners of property adjacent to the wind farm property	21425
waive application of the setback to that property pursuant to a	21426
procedure the board shall establish by rule and except in which,	21427
in a particular case, the board determines that a setback greater	21428
than the minimum is necessary.	21429

Sec. 4906.201. (A) An electric generating plant that consists	21430
of wind turbines and associated facilities with a single	21431
interconnection to the electrical grid that is designed for, or	21432
capable of, operation at an aggregate capacity of fifty megawatts	21433
or more is subject to the minimum setback requirements established	21434
in rules adopted by the power siting board under division (B)(2)	21435
of section 4906.20 of the Revised Code. ~~For~~	21436

(B)(1) For any existing certificates and amendments thereto,	21437
and existing certification applications that have been found by	21438
the chairperson to be in compliance with division (A) of section	21439
4906.06 of the Revised Code before the effective date of the	21440
amendment of this section by H.B. 59 of the 130th general	21441
assembly, September 29, 2013, the distance shall be seven hundred	21442
fifty feet instead of one thousand one hundred twenty-five feet.	21443

(2) For certification applications that have been found by	21444
the chairperson to be in compliance with division (A) of section	21445
4906.06 of the Revised Code before the effective date of the	21446
amendment of this section by H.B. 483 of the 130th general	21447
assembly, the measurement shall be to the exterior of the nearest,	21448
habitable, residential structure, if any, located on adjacent	21449
property instead of to the property line of the nearest adjacent	21450
property.	21451

Sec. 4923.02. (A) As used in this chapter, "private motor	21452
carrier" does not include a person when engaged in any of the	21453
following in intrastate commerce:	21454

(1) The transportation of persons in taxicabs in the usual	21455
taxicab service;	21456

(2) The transportation of pupils in school busses operating	21457
to or from school sessions or school events;	21458

(3) The transportation of farm supplies to the farm or farm	21459
products from farm to market or to food fabricating plants;	21460

(4) The distribution of newspapers;

21461

(5) The transportation of crude petroleum incidental to	21462
gathering from wells and delivery to destination by pipe line;	21463

(6) The transportation of injured, ill, or deceased persons	21464
by hearse or ambulance;	21465

(7) The transportation of compost (a combination of manure	21466
and sand or shredded bark mulch) or shredded bark mulch;	21467

(8) The transportation of persons in a ridesharing	21468
arrangement when any fee charged each person so transported is in	21469
such amount as to recover only the person's share of the costs of	21470
operating the motor vehicle for such purpose;	21471

(9) The operation of motor vehicles for contractors on public	21472
road work.	21473

(B) The public utilities commission may grant a motor carrier	21474
operating in intrastate commerce a temporary exemption from some	21475
or all of the provisions of this chapter and the rules adopted	21476
under it, when either of the following applies:	21477

(1) The governor of this state has declared an emergency.

21478

(2) The chairperson of the commission or the chairperson's	21479
designee has declared a transportation-specific emergency.	21480

(C) The commission may adopt rules not incompatible with the	21481
requirements of the United States department of transportation to	21482
provide exemptions to motor carriers operating in intrastate	21483
commerce not otherwise identified in divisions (A) and (B) of this	21484
section.	21485

(D) Divisions (A) to (C) of this section shall not be	21486
construed to relieve a person from compliance with ~~either of~~ the	21487
following:	21488

(1) Rules adopted under division (A)(2) of section 4923.04 of	21489
the Revised Code, division (E) of section 4923.06 of the Revised	21490
Code, division (B) of section 4923.07 of the Revised Code, and	21491
section 4923.11 of the Revised Code;	21492

(2) Rules regarding commercial driver's licenses adopted	21493
under division (A)(1) of section 4923.04 of the Revised Code;	21494

(3) Rules adopted under section 4921.15 of the Revised Code	21495
regarding uniform registration and permitting of carriers of	21496
hazardous materials and other applicable provisions of that	21497
section and division (H) of section 4921.19 of the Revised Code.	21498

Sec. 5101.345. (A) There is hereby created in the department	21499
of job and family services the Ohio family stability commission.	21500
The commission shall consist of four members of the general	21501
assembly and twenty-one individuals who are government agency	21502
representatives, private citizens, or elected officials other than	21503
members of the general assembly.	21504

Of the general assembly members, two shall be appointed by	21505
the president of the senate, each from a different political	21506
party, and two shall be appointed by the speaker of the house of	21507
representatives, each from a different political party.	21508

The remaining members shall be appointed by the governor as	21509
follows:	21510

(1) Two with expertise in out-of-wedlock births;

21511

(2) Two with expertise in marital divorce;

21512

(3) One with expertise in education;

21513

(4) One with expertise in employment;

21514

(5) One with expertise in child support;

21515

(6) One with expertise in child custody;

21516

(7) One with expertise in child abuse and neglect;

21517

(8) One with expertise in domestic violence;

21518

(9) Two with expertise in the judicial system;

21519

(10) Two with expertise in criminal justice;

21520

(11) Two with expertise in faith-based initiatives;

21521

(12) Two with expertise in fatherhood programs;

21522

(13) Two with expertise in philanthropic or nonprofit	21523
management;	21524

(14) One with expertise in mass media or communications.

21525

Commission members shall serve at the pleasure of their	21526
appointing authorities. Vacancies shall be filled in the manner	21527
provided for original appointments. Members shall serve without	21528
compensation, except to the extent that serving on the commission	21529
is considered part of their regular duties of employment.	21530

(B) The commission shall be staffed by personnel of the	21531
department of job and family services. This division does not	21532
require the department to employ personnel the department	21533
otherwise would not have employed.	21534

(C)(1) During its first year of operation, the commission	21535
shall conduct research and formulate recommendations for	21536
consideration by the general assembly, appropriate state agencies,	21537
and other appropriate entities concerning societal issues that	21538
impact the stability of families in this state. The	21539
recommendations shall provide the general assembly, appropriate	21540
state agencies, and other appropriate entities with strategies,	21541
both legal and otherwise, for addressing the issues.	21542

At a minimum, the commission's research and recommendations	21543
shall address all of the following:	21544

(a) The divorce rate in this state and strategies for	21545
reducing the divorce rate;	21546

(b) The birth rate among unmarried individuals in this state	21547
and strategies for reducing the number of births occurring outside	21548
of marriage;	21549

(c) The rate of domestic violence, including child abuse, in	21550
this state and strategies for reducing that rate;	21551

(d) Issues concerning child custody and child support.

21552

(2) During its second year of operation, the commission shall	21553
advise the general assembly, appropriate state agencies, and other	21554
appropriate entities on ways to implement the recommendations	21555
formulated under division (C)(1) of this section.	21556

(3) During its third year of operation, the commission shall	21557
continue to provide advice regarding implementation of the	21558
recommendations formulated under division (C)(1) of this section	21559
and begin monitoring implementation.	21560

At the end of its third year of operation, the commission	21561
shall issue a report to the general assembly regarding the status	21562
of the implementation of the recommendations.	21563

(4) During its fourth year of operation, the commission shall	21564
conduct activities to ensure continued implementation of the	21565
recommendations formulated under division (C)(1) of this section	21566
and, if applicable, enforcement of the recommendations.	21567

At the end of its fourth year of operation, the commission	21568
shall issue a report to the general assembly regarding the status	21569
of the implementation of the recommendations.	21570

Sec. 5101.90. (A) As used in this section, "public	21571
assistance" has the same meaning as in section 5101.26 of the	21572
Revised Code.	21573

(B) The department of job and family services shall establish	21574
an evaluation system that rates both of the following in terms of	21575
their success with helping public assistance recipients obtain	21576
employment that enables the recipients to cease relying on public	21577
assistance:	21578

(1) Individual caseworkers employed by county departments of	21579
job and family services;	21580

(2) Each county department of job and family services.

21581

(C) The department shall design the evaluation system	21582
established under this section in a manner that encourages	21583
caseworkers and county departments to increase their success with	21584
helping public assistance recipients obtain employment that	21585
enables the recipients to cease relying on public assistance. The	21586
system shall provide for caseworkers' and county departments'	21587
ratings under the system to be updated at least annually.	21588

Sec. 5103.05. (A) As used in this section and section	21589
5103.051 of the Revised Code:	21590

(1) "Children's residential center" means a facility that is	21591
operated by a private child placing agency, private noncustodial	21592
agency, or public children services agency, that has been	21593
certified by the department of job and family services to operate	21594
a children's residential center, and in which eleven or more	21595
children, including the children of any staff residing at the	21596
facility, are given nonsecure care and supervision twenty-four	21597
hours a day.	21598

(2) "Children's crisis care facility" has the same meaning as	21599
in section 5103.13 of the Revised Code.	21600

(3) "County children's home" means a facility established	21601
under section 5153.21 of the Revised Code.	21602

(4) "District children's home" means a facility established	21603
under section 5153.42 of the Revised Code.	21604

(5) "Group home for children" means any public or private	21605
facility that is operated by a private child placing agency,	21606
private noncustodial agency, or public children services agency,	21607
that has been certified by the department to operate a group home	21608
for children, and that meets all of the following criteria:	21609

(a) Gives, for compensation, a maximum of ten children,	21610
including the children of the operator or any staff who reside in	21611
the facility, nonsecure care and supervision twenty-four hours a	21612
day by a person or persons who are unrelated to the children by	21613
blood or marriage, or who is not the appointed guardian of any of	21614
the children;	21615

(b) Is not certified as a foster home;

21616

(c) Receives or cares for children for two or more	21617
consecutive weeks.	21618

"Group home for children" does not include any facility that	21619
provides care for children from only a single-family group, placed	21620
at the facility by the children's parents or other relative having	21621
custody.	21622

(6) "Residential facility" means a group home for children,	21623
children's crisis care facility, children's residential center,	21624
residential parenting facility that provides twenty-four-hour	21625
child care, county children's home, or district children's home. A	21626
foster home is not a residential facility.	21627

(7) "Residential parenting facility" means a facility	21628
operated by a private child placing agency, private noncustodial	21629
agency, or public children services agency, that has been	21630
certified by the department to operate a residential parenting	21631
facility, in which teenage mothers and their children reside for	21632
the purpose of keeping mother and child together, teaching	21633
parenting and life skills to the mother, and assisting teenage	21634
mothers in obtaining educational or vocational training and	21635
skills.	21636

(8) "Nonsecure care and supervision" means care and	21637
supervision of a child in a residential facility that does not	21638
confine or prevent movement of the child within the facility or	21639
from the facility.	21640

(B) Within ten days after the commencement of operations at a	21641
residential facility, the facility shall provide the following to	21642
all county, municipal, or township law enforcement agencies,	21643
emergency management agencies, and fire departments with	21644
jurisdiction over the facility:	21645

(1) Written notice that the facility is located and will be	21646
operating in the agency's or department's jurisdiction. The	21647
written notice shall provide the address of the facility, identify	21648
the facility as a group home for children, children's crisis care	21649
facility, children's residential center, residential parenting	21650
facility, county children's home, or district children's home, and	21651
provide contact information for the facility.	21652

(2) A copy of the facility's procedures for emergencies and	21653
disasters established pursuant to rules adopted under section	21654
5103.03 of the Revised Code;	21655

(3) A copy of the facility's medical emergency plan	21656
established pursuant to rules adopted under section 5103.03 of the	21657
Revised Code;	21658

(4) A copy of the facility's community engagement plan	21659
established pursuant to rules adopted under section 5103.051 of	21660
the Revised Code.	21661

(C) Within ten days of a facility's recertification by the	21662
department, the facility shall provide to all county, municipal,	21663
or township law enforcement agencies, emergency management	21664
agencies, and fire departments with jurisdiction over the facility	21665
updated copies of the information required to be provided under	21666
divisions (B)(2), (3), and (4) of this section.	21667

(D) The department may adopt rules in accordance with Chapter	21668
119. of the Revised Code necessary to implement this section.	21669

Sec. 5103.051. (A) Each private child placing agency, private	21670
noncustodial agency, public children services agency, or	21671
superintendent of a county or district children's home shall	21672
establish a community engagement plan in accordance with rules	21673
adopted under division (B) of this section for each residential	21674
facility the agency, entity, or superintendent operates.	21675

(B)(1) The department of job and family services shall adopt	21676
rules in accordance with Chapter 119. of the Revised Code that	21677
establish the following:	21678

(a) The contents of a community engagement plan to be	21679
established under division (A) of this section that includes the	21680
following:	21681

(i) Protocols for the community in which a residential	21682
facility is located to communicate concerns or other pertinent	21683
information directly to the agency or entity;	21684

(ii) Protocols for the agency or entity in responding to a	21685
communication made under division (B)(1)(a)(i) of this section.	21686

(b) Orientation procedures for training residential facility	21687
staff on the implementation of the community engagement plan	21688
established under division (A) of this section and procedures for	21689
responding to incidents involving a child at the facility and	21690
neighbors or the police.	21691

(2) The department shall file initial rules adopted under	21692
division (B)(1) of this section within ninety days after the	21693
effective date of this section.	21694

Sec. 5104.03. (A) Any person, firm, organization,	21695
institution, or agency seeking to establish a child day-care	21696
center, type A family day-care home, or licensed type B family	21697
day-care home shall apply for a license to the director of job and	21698
family services on such form as the director prescribes. The	21699
director shall provide at no charge to each applicant for	21700
licensure a copy of the child care license requirements in this	21701
chapter and a copy of the rules adopted pursuant to this chapter.	21702
The copies may be provided in paper or electronic form.	21703

Fees shall be set by the director pursuant to sections	21704
5104.015, 5104.017, and 5104.018 of the Revised Code and shall be	21705
paid at the time of application for a license to operate a center,	21706
type A home, or type B home. Fees collected under this section	21707
shall be paid into the state treasury to the credit of the general	21708
revenue fund.	21709

(B)(1) Upon filing of the application for a license, the	21710
director shall investigate and inspect the center, type A home, or	21711
type B home to determine the license capacity for each age	21712
category of children of the center, type A home, or type B home	21713
and to determine whether the center, type A home, or type B home	21714
complies with this chapter and rules adopted pursuant to this	21715
chapter. When, after investigation and inspection, the director is	21716
satisfied that this chapter and rules adopted pursuant to it are	21717
complied with, subject to division (H) of this section, a license	21718
shall be issued as soon as practicable in such form and manner as	21719
prescribed by the director. The license shall be designated as	21720
provisional and shall be valid for twelve months from the date of	21721
issuance unless revoked.	21722

(2) The director may contract with a government entity or a	21723
private nonprofit entity for the entity to inspect ~~and license~~	21724
type B family day-care homes pursuant to this section. If the	21725
director contracts with a government entity or private nonprofit	21726
entity for that purpose, the entity may contract with another	21727
government entity or private nonprofit entity for the other entity	21728
to inspect type B homes pursuant to this section. The ~~department~~	21729
director, government entity, or private nonprofit entity shall	21730
conduct ~~the~~an inspection prior to the issuance of a license for	21731
~~the~~a type B home and, as part of that inspection, ensure that the	21732
type B home is safe and sanitary.	21733

(C)(1) On receipt of an application for licensure as a type B	21734
family day-care home to provide publicly funded child care, the	21735
~~department~~director shall search the uniform statewide automated	21736
child welfare information system for information concerning any	21737
abuse or neglect report made pursuant to section 2151.421 of the	21738
Revised Code of which the applicant, any other adult residing in	21739
the applicant's home, or a person designated by the applicant to	21740
be an emergency or substitute caregiver for the applicant is the	21741
subject.	21742

(2) The ~~department~~director shall consider any information it	21743
~~discovers~~discovered pursuant to division (C)(1) of this section	21744
or that is provided by a public children services agency pursuant	21745
to section 5153.175 of the Revised Code. If the ~~department~~	21746
director determines that the information, when viewed within the	21747
totality of the circumstances, reasonably leads to the conclusion	21748
that the applicant may directly or indirectly endanger the health,	21749
safety, or welfare of children, the ~~department~~director shall deny	21750
the application for licensure or revoke the license of a type B	21751
family day-care home.	21752

(D) The director shall investigate and inspect the center,	21753
type A home, or type B home at least once during operation under a	21754
license designated as provisional. If after the investigation and	21755
inspection the director determines that the requirements of this	21756
chapter and rules adopted pursuant to this chapter are met,	21757
subject to division (H) of this section, the director shall issue	21758
a new license to the center or home.	21759

(E) Each license shall state the name of the licensee, the	21760
name of the administrator, the address of the center, type A home,	21761
or licensed type B home, and the license capacity for each age	21762
category of children. The license shall include thereon, in	21763
accordance with sections 5104.015, 5104.017, and 5104.018 of the	21764
Revised Code, the toll-free telephone number to be used by persons	21765
suspecting that the center, type A home, or licensed type B home	21766
has violated a provision of this chapter or rules adopted pursuant	21767
to this chapter. A license is valid only for the licensee,	21768
administrator, address, and license capacity for each age category	21769
of children designated on the license. The license capacity	21770
specified on the license is the maximum number of children in each	21771
age category that may be cared for in the center, type A home, or	21772
licensed type B home at one time.	21773

The center or type A home licensee shall notify the director	21774
when the administrator of the center or home changes. The director	21775
shall amend the current license to reflect a change in an	21776
administrator, if the administrator meets the requirements of this	21777
chapter and rules adopted pursuant to this chapter, or a change in	21778
license capacity for any age category of children as determined by	21779
the director of job and family services.	21780

(F) If the director revokes the license of a center, a type A	21781
home, or a type B home, the director shall not issue another	21782
license to the owner of the center, type A home, or type B home	21783
until five years have elapsed from the date the license is	21784
revoked.	21785

If the director denies an application for a license, the	21786
director shall not accept another application from the applicant	21787
until five years have elapsed from the date the application is	21788
denied.	21789

(G) If during the application for licensure process the	21790
director determines that the license of the owner has been	21791
revoked, the investigation of the center, type A home, or type B	21792
home shall cease. This action does not constitute denial of the	21793
application and may not be appealed under division (H) of this	21794
section.	21795

(H) All actions of the director with respect to licensing	21796
centers, type A homes, or type B homes, refusal to license, and	21797
revocation of a license shall be in accordance with Chapter 119.	21798
of the Revised Code. Any applicant who is denied a license or any	21799
owner whose license is revoked may appeal in accordance with	21800
section 119.12 of the Revised Code.	21801

(I) In no case shall the director issue a license under this	21802
section for a center, type A home, or type B home if the director,	21803
based on documentation provided by the appropriate county	21804
department of job and family services, determines that the	21805
applicant had been certified as a type B family day-care home when	21806
such certifications were issued by county departments prior to	21807
January 1, 2014, that the county department revoked that	21808
certification within the immediately preceding five years, that	21809
the revocation was based on the applicant's refusal or inability	21810
to comply with the criteria for certification, and that the	21811
refusal or inability resulted in a risk to the health or safety of	21812
children.	21813

(J)(1) Except as provided in division (J)(2) of this section,	21814
an administrator of a type B family day-care home that receives a	21815
license pursuant to this section to provide publicly funded child	21816
care is an independent contractor and is not an employee of the	21817
department of job and family services.	21818

(2) For purposes of Chapter 4141. of the Revised Code,	21819
determinations concerning the employment of an administrator of a	21820
type B family day-care home that receives a license pursuant to	21821
this section shall be determined under Chapter 4141. of the	21822
Revised Code.	21823

Sec. 5104.34. (A)(1) Each county department of job and	21824
family services shall implement procedures for making	21825
determinations of eligibility for publicly funded child care.	21826
Under those procedures, the eligibility determination for each	21827
applicant shall be made no later than thirty calendar days from	21828
the date the county department receives a completed application	21829
for publicly funded child care. Each applicant shall be notified	21830
promptly of the results of the eligibility determination. An	21831
applicant aggrieved by a decision or delay in making an	21832
eligibility determination may appeal the decision or delay to the	21833
department of job and family services in accordance with section	21834
5101.35 of the Revised Code. The due process rights of applicants	21835
shall be protected.	21836

To the extent permitted by federal law, the county department	21837
may make all determinations of eligibility for publicly funded	21838
child care, may contract with child care providers or child care	21839
resource and referral service organizations for the providers or	21840
resource and referral service organizations to make all or any	21841
part of the determinations, and may contract with child care	21842
providers or child care resource and referral service	21843
organizations for the providers or resource and referral service	21844
organizations to collect specified information for use by the	21845
county department in making determinations. If a county department	21846
contracts with a child care provider or a child care resource and	21847
referral service organization for eligibility determinations or	21848
for the collection of information, the contract shall require the	21849
provider or resource and referral service organization to make	21850
each eligibility determination no later than thirty calendar days	21851
from the date the provider or resource and referral organization	21852
receives a completed application that is the basis of the	21853
determination and to collect and transmit all necessary	21854
information to the county department within a period of time that	21855
enables the county department to make each eligibility	21856
determination no later than thirty days after the filing of the	21857
application that is the basis of the determination.	21858

The county department may station employees of the department	21859
in various locations throughout the county to collect information	21860
relevant to applications for publicly funded child care and to	21861
make eligibility determinations. The county department, child care	21862
provider, and child care resource and referral service	21863
organization shall make each determination of eligibility for	21864
publicly funded child care no later than thirty days after the	21865
filing of the application that is the basis of the determination,	21866
shall make each determination in accordance with any relevant	21867
rules adopted pursuant to section 5104.38 of the Revised Code, and	21868
shall notify promptly each applicant for publicly funded child	21869
care of the results of the determination of the applicant's	21870
eligibility.	21871

The director of job and family services shall adopt rules in	21872
accordance with Chapter 119. of the Revised Code for monitoring	21873
the eligibility determination process. In accordance with those	21874
rules, the state department shall monitor eligibility	21875
determinations made by county departments of job and family	21876
services and shall direct any entity that is not in compliance	21877
with this division or any rule adopted under this division to	21878
implement corrective action specified by the department.	21879

(2)(a) All eligibility determinations for publicly funded	21880
child care shall be made in accordance with rules adopted pursuant	21881
to division (A) of section 5104.38 of the Revised Code ~~and, if a~~	21882
~~county department of job and family services specifies, pursuant~~	21883
~~to rules adopted under division (B) of that section, a maximum~~	21884
~~amount of income a family may have to be eligible for publicly~~	21885
~~funded child care, the income maximum specified by the county~~	21886
~~department~~. ~~Publicly~~Except as otherwise provided in this section,	21887
both of the following apply:	21888

(i) Publicly funded child care may be provided only to	21889
eligible infants, toddlers, preschool-age children, and school-age	21890
children under age thirteen. ~~For~~	21891

(ii) For an applicant to be eligible for publicly funded	21892
child care, the caretaker parent must be employed or participating	21893
in a program of education or training for an amount of time	21894
reasonably related to the time that the parent's children are	21895
receiving publicly funded child care. This restriction does not	21896
apply to families whose children are eligible for protective child	21897
care.	21898

(b) In accordance with rules adopted under division (B) of	21899
section 5104.38 of the Revised Code, an applicant may receive	21900
publicly funded child care while the county department determines	21901
eligibility. An applicant may receive publicly funded child care	21902
while a county department determines eligibility only once during	21903
a twelve-month period. If the county department determines that an	21904
applicant is not eligible for publicly funded child care, the	21905
licensed child care program shall be paid for providing publicly	21906
funded child care for up to five days after that determination if	21907
the county department received a completed application with all	21908
required documentation. A program may appeal a denial of payment	21909
under this division.	21910

(c) If a caretaker parent who has been determined eligible to	21911
receive publicly funded child care no longer meets the	21912
requirements of division (A)(2)(a)(ii) of this section, the	21913
caretaker parent may continue to receive publicly funded child	21914
care for a period of up to thirteen weeks not to extend beyond the	21915
caretaker parent's twelve-month eligibility period. Such	21916
authorization may be given only once during a twelve-month period.	21917

Subject to available funds, ~~a county~~the department of job	21918
and family services shall allow a family to receive publicly	21919
funded child care unless the family's income exceeds the maximum	21920
income eligibility limit. Initial and continued eligibility for	21921
publicly funded child care is subject to available funds unless	21922
the family is receiving child care pursuant to division (A)(1),	21923
(2), (3), or (4) of section 5104.30 of the Revised Code. If the	21924
~~county~~ department must limit eligibility due to lack of available	21925
funds, it shall give first priority for publicly funded child care	21926
to an assistance group whose income is not more than the maximum	21927
income eligibility limit that received transitional child care in	21928
the previous month but is no longer eligible because the	21929
twelve-month period has expired. Such an assistance group shall	21930
continue to receive priority for publicly funded child care until	21931
its income exceeds the maximum income eligibility limit.	21932

(3) An assistance group that ceases to participate in the	21933
Ohio works first program established under Chapter 5107. of the	21934
Revised Code is eligible for transitional child care at any time	21935
during the immediately following twelve-month period that both of	21936
the following apply:	21937

(a) The assistance group requires child care due to	21938
employment;	21939

(b) The assistance group's income is not more than one	21940
hundred fifty per cent of the federal poverty line.	21941

An assistance group ineligible to participate in the Ohio	21942
works first program pursuant to section 5101.83 or section 5107.16	21943
of the Revised Code is not eligible for transitional child care.	21944

(B) To the extent permitted by federal law, ~~a county~~the	21945
department of job and family services may require a caretaker	21946
parent determined to be eligible for publicly funded child care to	21947
pay a fee according to the schedule of fees established in rules	21948
adopted under section 5104.38 of the Revised Code. ~~Each county~~	21949
The department shall make protective child care services available	21950
to children without regard to the income or assets of the	21951
caretaker parent of the child.	21952

(C) A caretaker parent receiving publicly funded child care	21953
shall report to the entity that determined eligibility any changes	21954
in status with respect to employment or participation in a program	21955
of education or training not later than ten calendar days after	21956
the change occurs.	21957

(D) If ~~a county~~the department of job and family services	21958
determines that available resources are not sufficient to provide	21959
publicly funded child care to all eligible families who request	21960
it, the ~~county~~ department may establish a waiting list. ~~A county~~	21961
The department may establish separate waiting lists within the	21962
waiting list based on income. ~~When resources become available to~~	21963
~~provide publicly funded child care to families on the waiting~~	21964
~~list, a county department that establishes a waiting list shall~~	21965
~~assess the needs of the next family scheduled to receive publicly~~	21966
~~funded child care. If the assessment demonstrates that the family~~	21967
~~continues to need and is eligible for publicly funded child care,~~	21968
~~the county department shall offer it to the family. If the county~~	21969
~~department determines that the family is no longer eligible or no~~	21970
~~longer needs publicly funded child care, the county department~~	21971
~~shall remove the family from the waiting list.~~	21972

(E) A caretaker parent shall not receive full-time publicly	21973
funded child care from more than one child care provider per child	21974
during any period.	21975

(F) As used in this section, "maximum income eligibility	21976
limit" means the amount of income specified in rules adopted under	21977
division (A) of section 5104.38 of the Revised Code ~~or, if a~~	21978
~~county department of job and family services specifies a higher~~	21979
~~amount pursuant to rules adopted under division (B) of that~~	21980
~~section, the amount the county department specifies~~.	21981

Sec. 5104.341. (A) ~~Except as provided in division (B) of~~	21982
~~this section, both of the following apply:~~	21983

~~(1)~~ An eligibility determination made under section 5104.34	21984
of the Revised Code for publicly funded child care is valid for	21985
one year;	21986

~~(2)~~.

21987

(B) The county department of job and family services shall	21988
adjust the appropriate level of a fee charged under division (B)	21989
of section 5104.34 of the Revised Code if a caretaker parent	21990
reports changes in income, family size, or both.	21991

~~(B) Division (A) of this section does not apply if the~~	21992
~~recipient of the publicly funded child care ceases to be eligible~~	21993
~~for publicly funded child care.~~	21994

Sec. 5104.38. In addition to any other rules adopted under	21995
this chapter, the director of job and family services shall adopt	21996
rules in accordance with Chapter 119. of the Revised Code	21997
governing financial and administrative requirements for publicly	21998
funded child care and establishing all of the following:	21999

(A) Procedures and criteria to be used in making	22000
determinations of eligibility for publicly funded child care that	22001
give priority to children of families with lower incomes and	22002
procedures and criteria for eligibility for publicly funded	22003
protective child care. The rules shall specify the maximum amount	22004
of income a family may have for initial and continued eligibility.	22005
The maximum amount shall not exceed two hundred per cent of the	22006
federal poverty line. The rules may specify exceptions to the	22007
eligibility requirements in the case of a family that previously	22008
received publicly funded child care and is seeking to have the	22009
child care reinstated after the family's eligibility was	22010
terminated.	22011

(B) Procedures under which ~~a county department of job and~~	22012
~~family services may, if the department, under division (A) of this~~	22013
~~section, specifies a maximum amount of income a family may have~~	22014
~~for eligibility for publicly funded child care that is less than~~	22015
~~the maximum amount specified in that division, specify a maximum~~	22016
~~amount of income a family residing in the county the county~~	22017
~~department serves may have for initial and continued eligibility~~	22018
~~for publicly funded child care that is higher than the amount~~	22019
~~specified by the department but does not exceed the maximum amount~~	22020
~~specified in division (A) of this section~~an applicant for	22021
publicly funded child care may receive publicly funded child care	22022
while the county department of job and family services determines	22023
eligibility and under which a licensed child care program may	22024
appeal a denial of payment under division (A)(2)(b) of section	22025
5104.34 of the Revised Code;	22026

(C) A schedule of fees requiring all eligible caretaker	22027
parents to pay a fee for publicly funded child care according to	22028
income and family size, which shall be uniform for all types of	22029
publicly funded child care, except as authorized by rule, and, to	22030
the extent permitted by federal law, shall permit the use of state	22031
and federal funds to pay the customary deposits and other advance	22032
payments that a provider charges all children who receive child	22033
care from that provider. The schedule of fees may not provide for	22034
a caretaker parent to pay a fee that exceeds ten per cent of the	22035
parent's family income.	22036

(D) A formula for determining the amount of state and federal	22037
funds appropriated for publicly funded child care that may be	22038
allocated to a county department to use for administrative	22039
purposes;	22040

(E) Procedures to be followed by the department and county	22041
departments in recruiting individuals and groups to become	22042
providers of child care;	22043

(F) Procedures to be followed in establishing state or local	22044
programs designed to assist individuals who are eligible for	22045
publicly funded child care in identifying the resources available	22046
to them and to refer the individuals to appropriate sources to	22047
obtain child care;	22048

(G) Procedures to deal with fraud and abuse committed by	22049
either recipients or providers of publicly funded child care;	22050

(H) Procedures for establishing a child care grant or loan	22051
program in accordance with the child care block grant act;	22052

(I) Standards and procedures for applicants to apply for	22053
grants and loans, and for the department to make grants and loans;	22054

(J) A definition of "person who stands in loco parentis" for	22055
the purposes of division (KK)(1) of section 5104.01 of the Revised	22056
Code;	22057

(K) Procedures for a county department of job and family	22058
services to follow in making eligibility determinations and	22059
redeterminations for publicly funded child care available through	22060
telephone, computer, and other means at locations other than the	22061
county department;	22062

(L) If the director establishes a different reimbursement	22063
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	22064
Code, standards and procedures for determining the amount of the	22065
higher payment that is to be issued to a child care provider based	22066
on the special needs of the child being served;	22067

(M) To the extent permitted by federal law, procedures for	22068
paying for up to thirty days of child care for a child whose	22069
caretaker parent is seeking employment, taking part in employment	22070
orientation activities, or taking part in activities in	22071
anticipation of enrolling in or attending an education or training	22072
program or activity, if the employment or the education or	22073
training program or activity is expected to begin within the	22074
thirty-day period;	22075

(N) Any other rules necessary to carry out sections 5104.30	22076
to 5104.43 of the Revised Code.	22077

Sec. 5119.21. (A) The department of mental health and	22078
addiction services shall:	22079

(1) To the extent the department has available resources and	22080
in consultation with boards of alcohol, drug addiction, and mental	22081
health services, support a full spectrum of care for all levels of	22082
treatment services for opioid and co-occurring drug addiction and	22083
a continuum of care for other services in accordance with Chapter	22084
340. of the Revised Code on a district or multi-district basis.	22085
The department shall define the essential elements of a full	22086
spectrum of care for all levels of treatment services for opioid	22087
and co-occurring drug addiction and a continuum of care for other	22088
services, shall assist in identifying resources, and may	22089
prioritize support for one or more of the elements of the	22090
continuum of care. The essential elements of a full spectrum of	22091
care for all levels of treatment services for opioid and	22092
co-occurring drug addiction shall include the services required by	22093
division (B) of section 340.09 of the Revised Code.	22094

(2) Provide training, consultation, and technical assistance	22095
regarding mental health and addiction services and appropriate	22096
prevention, recovery, and mental health promotion activities,	22097
including those that are culturally competent, to employees of the	22098
department, community mental health and addiction services	22099
providers, boards of alcohol, drug addiction, and mental health	22100
services, and other agencies providing mental health and addiction	22101
services;	22102

(3) To the extent the department has available resources,	22103
promote and support a full range of mental health and addiction	22104
services that are available and accessible to all residents of	22105
this state, especially for severely mentally disabled children,	22106
adolescents, adults, pregnant women, parents, guardians or	22107
custodians of children at risk of abuse or neglect, and other	22108
special target populations, including racial and ethnic	22109
minorities, as determined by the department;	22110

(4) Develop standards and measures for evaluating the	22111
effectiveness of mental health and addiction services, including	22112
services that use methadone treatment, of gambling addiction	22113
services, and for increasing the accountability of mental health	22114
and alcohol and addiction services providers and of gambling	22115
addiction services providers;	22116

(5) Design and set criteria for the determination of priority	22117
populations;	22118

(6) Promote, direct, conduct, and coordinate scientific	22119
research, taking ethnic and racial differences into consideration,	22120
concerning the causes and prevention of mental illness and	22121
addiction, methods of providing effective services and treatment,	22122
and means of enhancing the mental health of and recovery from	22123
addiction of all residents of this state;	22124

(7) Foster the establishment and availability of vocational	22125
rehabilitation services and the creation of employment	22126
opportunities for consumers of mental health and addiction	22127
services, including members of racial and ethnic minorities;	22128

(8) Establish a program to protect and promote the rights of	22129
persons receiving mental health and addiction services, including	22130
the issuance of guidelines on informed consent and other rights;	22131

(9) Promote the involvement of persons who are receiving or	22132
have received mental health or addiction services, including	22133
families and other persons having a close relationship to a person	22134
receiving those services, in the planning, evaluation, delivery,	22135
and operation of mental health and addiction services;	22136

(10) Notify and consult with the relevant constituencies that	22137
may be affected by rules, standards, and guidelines issued by the	22138
department of mental health and addiction services. These	22139
constituencies shall include consumers of mental health and	22140
addiction services and their families, and may include public and	22141
private providers, employee organizations, and others when	22142
appropriate. Whenever the department proposes the adoption,	22143
amendment, or rescission of rules under Chapter 119. of the	22144
Revised Code, the notification and consultation required by this	22145
division shall occur prior to the commencement of proceedings	22146
under Chapter 119. The department shall adopt rules under Chapter	22147
119. of the Revised Code that establish procedures for the	22148
notification and consultation required by this division.	22149

(11) Provide consultation to the department of rehabilitation	22150
and correction concerning the delivery of mental health and	22151
addiction services in state correctional institutions.	22152

(12) Promote and coordinate efforts in the provision of	22153
alcohol and drug addiction services and of gambling addiction	22154
services by other state agencies, as defined in section 1.60 of	22155
the Revised Code; courts; hospitals; clinics; physicians in	22156
private practice; public health authorities; boards of alcohol,	22157
drug addiction, and mental health services; alcohol and drug	22158
addiction services providers; law enforcement agencies; gambling	22159
addiction services providers; and related groups;	22160

(13) Provide to each court of record, and biennially update,	22161
a list of the treatment and education programs within that court's	22162
jurisdiction that the court may require an offender, sentenced	22163
pursuant to section 4511.19 of the Revised Code, to attend;	22164

(14) Make the warning sign described in sections 3313.752,	22165
3345.41, and 3707.50 of the Revised Code available on the	22166
department's internet web site;	22167

(15) Provide a program of gambling addiction services on	22168
behalf of the state lottery commission, pursuant to an agreement	22169
entered into with the director of the commission under division	22170
(K) of section 3770.02 of the Revised Code, and provide a program	22171
of gambling addiction services on behalf of the Ohio casino	22172
control commission, under an agreement entered into with the	22173
executive director of the commission under section 3772.062 of the	22174
Revised Code. Under Section 6(C)(3) of Article XV, Ohio	22175
Constitution, the department may enter into agreements with boards	22176
of alcohol, drug addiction, and mental health services, including	22177
boards with districts in which a casino facility is not located,	22178
and nonprofit organizations to provide gambling addiction services	22179
and substance abuse services, and with state institutions of	22180
higher education or private nonprofit institutions that possess a	22181
certificate of authorization issued under Chapter 1713. of the	22182
Revised Code to perform related research.	22183

(B) The department may accept and administer grants from	22184
public or private sources for carrying out any of the duties	22185
enumerated in this section.	22186

(C) Pursuant to Chapter 119. of the Revised Code, the	22187
department shall adopt a rule defining the term "intervention" as	22188
it is used in this chapter in connection with alcohol and drug	22189
addiction services and in connection with gambling addiction	22190
services. The department may adopt other rules as necessary to	22191
implement the requirements of this chapter.	22192

Sec. 5119.22. The director of mental health and addiction	22193
services with respect to all mental health and addiction	22194
facilities and services established and operated or provided under	22195
Chapter 340. of the Revised Code, shall do all of the following:	22196

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	22197
that may be necessary to carry out the purposes of this chapter	22198
and Chapters 340. and 5122. of the Revised Code.	22199

(B) Review and evaluate the full spectrum of care for all	22200
levels of treatment services for opioid and co-occurring drug	22201
addiction and the continuum of care for other services in each	22202
service district, taking into account the findings and	22203
recommendations of the board of alcohol, drug addiction, and	22204
mental health services of the district submitted under division	22205
(A)(4) of section 340.03 of the Revised Code and the priorities	22206
and plans of the department of mental health and addiction	22207
services, including the needs of residents of the district	22208
currently receiving services in state-operated hospitals, and make	22209
recommendations for needed improvements to boards of alcohol, drug	22210
addiction, and mental health services;	22211

(C) At the director's discretion, provide to boards of	22212
alcohol, drug addiction, and mental health services state or	22213
federal funds, in addition to those allocated under section	22214
5119.23 of the Revised Code, for special programs or projects the	22215
director considers necessary but for which local funds are not	22216
available;	22217

(D) Establish, in consultation with board of alcohol, drug	22218
addiction, and mental health service representatives and after	22219
consideration of the recommendations of the medical director,	22220
guidelines for the development of community mental health and	22221
addiction services plans and the review and approval or	22222
disapproval of such plans submitted pursuant to section 340.03 of	22223
the Revised Code.	22224

(E) Establish criteria by which a board of alcohol, drug	22225
addiction, and mental health services reviews and evaluates the	22226
quality, effectiveness, and efficiency of its contracted services.	22227
The criteria shall include requirements ensuring appropriate	22228
service utilization. The department shall assess a board's	22229
evaluation of services and the compliance of each board with this	22230
section, Chapter 340. of the Revised Code, and other state or	22231
federal law and regulations. The department, in cooperation with	22232
the board, periodically shall review and evaluate the quality,	22233
effectiveness, and efficiency of services provided through each	22234
board. The department shall collect information that is necessary	22235
to perform these functions.	22236

(F) To the extent the director determines necessary and after	22237
consulting with boards of alcohol, drug addiction, and mental	22238
health services and community addiction and mental health services	22239
providers, develop and operate, or contract for the operation of,	22240
a community behavioral health information system or systems. The	22241
department shall specify the information that must be provided by	22242
boards of alcohol, drug addiction, and mental health services and	22243
by community addiction and mental health services providers for	22244
inclusion in the system or systems.	22245

Boards of alcohol, drug addiction, and mental health services	22246
and community addiction and mental health services providers shall	22247
submit information requested by the department in the form and	22248
manner and in accordance with time frames prescribed by the	22249
department. Information collected by the department may include	22250
all of the following:	22251

(1) Information on services provided;

22252

(2) Financial information regarding expenditures of federal,	22253
state, or local funds;	22254

(3) Information about persons served.

22255

The department shall not collect any personal information	22256
from the boards except as required or permitted by state or	22257
federal law for purposes related to payment, health care	22258
operations, program and service evaluation, reporting activities,	22259
research, system administration, and oversight.	22260

(G)(1) Review each board's community mental health and	22261
addiction services plan, budget, and statement of services to be	22262
~~made available~~ submitted pursuant to sections 340.03 and 340.08 of	22263
the Revised Code and approve or disapprove the plan, the budget,	22264
and the statement of services in whole or in part.	22265

The department may withhold all or part of the funds	22266
allocated to a board if it disapproves all or part of a plan,	22267
budget, or statement of services, except that the department shall	22268
withhold all of the funds allocated to the board if the department	22269
disapproves the budget because the budget does not comply with	22270
division (A)(1) of section 340.08 of the Revised Code. Prior to a	22271
final decision to disapprove a plan, budget, or statement of	22272
services, or to withhold funds from a board, a representative of	22273
the director of mental health and addiction services shall meet	22274
with the board and discuss the reason for the action the	22275
department proposes to take and any corrective action that should	22276
be taken to make the plan, budget, or statement of services	22277
acceptable to the department. In addition, the department shall	22278
offer technical assistance to the board to assist it to make the	22279
plan, budget, or statement of services acceptable. The department	22280
shall give the board a reasonable time in which to revise the	22281
plan, budget, or statement of services. The board thereafter shall	22282
submit a revised plan, budget, or statement of services, or a new	22283
plan, budget, or statement of services.	22284

(2) If a board determines that it is necessary to amend the	22285
plan, budget, or statement of services that has been approved	22286
under this section, the board shall submit the proposed amendment	22287
to the department. The department may approve or disapprove all or	22288
part of the amendment.	22289

(3) If the director disapproves of all or part of any	22290
proposed amendment, the director shall provide the board an	22291
opportunity to present its position. The director shall inform the	22292
board of the reasons for the disapproval and of the criteria that	22293
must be met before the proposed amendment may be approved. The	22294
director shall give the board a reasonable time within which to	22295
meet the criteria and shall offer technical assistance to the	22296
board to help it meet the criteria.	22297

(4) The department shall establish procedures for the review	22298
of plans, budgets, and statements of services, and a timetable for	22299
submission and review of plans, budgets, and statements of	22300
services and for corrective action and submission of new or	22301
revised plans, budgets, and statements of services.	22302

Sec. 5119.23. (A) The department of mental health and	22303
addiction services shall establish a methodology for allocating to	22304
boards of alcohol, drug addiction, and mental health services the	22305
funds appropriated by the general assembly to the department for	22306
the purpose of the full spectrum of care for all levels of	22307
treatment services for opioid and co-occurring drug addiction and	22308
the continuum of care for other services to be provided as local	22309
mental health and addiction services ~~continuums of care~~. The	22310
department shall establish the methodology after notifying and	22311
consulting with relevant constituencies as required by division	22312
(A)(10) of section 5119.21 of the Revised Code. The methodology	22313
may provide for the funds to be allocated to boards on a district	22314
or multi-district basis.	22315

(B) Subject to section 5119.25 of the Revised Code, and to	22316
required submissions and approvals under section 340.08 of the	22317
Revised Code, the department shall allocate the funds to the	22318
boards in a manner consistent with the methodology, this section,	22319
other state and federal laws, rules, and regulations.	22320

(C) In consultation with boards, community mental health and	22321
addiction services providers, and persons receiving services, the	22322
department shall establish guidelines for the use of funds	22323
allocated and distributed under this section.	22324

Sec. 5119.25. (A) The director of mental health and	22325
addiction services, in whole or in part, may withhold funds	22326
otherwise to be allocated to a board of alcohol, drug addiction,	22327
and mental health services under section 5119.23 of the Revised	22328
Code if the board fails to comply with Chapter 340. or section	22329
5119.22, 5119.24, 5119.36, or 5119.371 of the Revised Code or	22330
rules of the department of mental health and addiction services.	22331
However, the director shall withhold all such funds from the board	22332
when required to do so under division (A)(4) of section 340.08 of	22333
the Revised Code or division (G)(1) of section 5119.22 of the	22334
Revised Code.	22335

(B) The director of mental health and addiction services may	22336
withhold funds otherwise to be allocated to a board of alcohol,	22337
drug addiction, and mental health services under section 5119.23	22338
of the Revised Code if the board denies available service on the	22339
basis of race, color, religion, creed, sex, age, national origin,	22340
disability as defined in section 4112.01 of the Revised Code, or	22341
developmental disability.	22342

(C) The director shall issue a notice identifying the areas	22343
of noncompliance and the action necessary to achieve compliance.	22344
The director may offer technical assistance to the board to	22345
achieve compliance. The board shall have ~~ten~~thirty days from	22346
receipt of the notice of noncompliance to present its position	22347
that it is in compliance or to submit to the director evidence of	22348
corrective action the board took to achieve compliance. Before	22349
withholding funds, the director or the director's designee shall	22350
hold a hearing within ~~ten~~thirty days of receipt of the board's	22351
position or evidence to determine if there are continuing	22352
violations and that either assistance is rejected or the board is	22353
unable, or has failed, to achieve compliance. The director may	22354
appoint a representative from another board of alcohol, drug	22355
addiction, and mental health services to serve as a mentor for the	22356
board in developing and executing a plan of corrective action to	22357
achieve compliance. Any such representative shall be from a board	22358
that is in compliance with Chapter 340. of the Revised Code,	22359
sections 5119.22, 5119.24, 5119.36, and 5119.371 of the Revised	22360
Code, and the department's rules. Subsequent to the hearing	22361
process, if it is determined that compliance has not been	22362
achieved, the director may allocate all or part of the withheld	22363
funds to ~~a public or private agency~~one or more community mental	22364
health services providers or community addiction services	22365
providers to provide the community mental health or community	22366
addiction service for which the board is not in compliance until	22367
the time that there is compliance. The director ~~may~~shall adopt	22368
rules in accordance with Chapter 119. of the Revised Code to	22369
implement this section.	22370

Sec. 5119.362. (A) In accordance with rules adopted under	22371
section 5119.363 of the Revised Code, each community addiction	22372
services provider shall do all of the following:	22373

(1) Maintain, in an aggregate form, a waiting list of	22374
individuals to whom all of the following apply:	22375

(a) The individual has been documented as having a clinical	22376
need for alcohol and drug addiction services due to an opioid or	22377
co-occurring drug addiction.	22378

(b) The individual has applied to the provider for a	22379
clinically necessary treatment service included in the full	22380
spectrum of care required by division (B) of section 340.09 of the	22381
Revised Code.	22382

(c) The individual has not begun to receive the clinically	22383
necessary treatment service within five days of the individual's	22384
application for the service because the provider lacks an	22385
available slot for the individual.	22386

(2) Notify an individual included on the provider's waiting	22387
list when the provider has a slot available for the individual	22388
and, if the individual does not contact the provider about the	22389
slot within a period of time specified in the rules, contact the	22390
individual to determine why the individual did not contact the	22391
provider and to assess whether the individual still needs the	22392
treatment service;	22393

(3) Subject to divisions (B) and (C) of this section, report	22394
all of the following information each month to the board of	22395
alcohol, drug addiction, and mental health services that serves	22396
the county or counties in which the provider provides alcohol and	22397
drug addiction services:	22398

(a) An unduplicated count of all individuals who reside in a	22399
county that the board serves and were included on the provider's	22400
waiting list as of the last day of the immediately preceding month	22401
and each type of treatment service for which they were waiting;	22402

(b) The total number of days all such individuals had been on	22403
the provider's waiting list as of the last day of the immediately	22404
preceding month;	22405

(c) The last known types of residential settings in which all	22406
such individuals resided as of the last day of the immediately	22407
preceding month;	22408

(d) The number of all such individuals who did not contact	22409
the provider after receiving, during the immediately preceding	22410
month, the notices under division (A)(2) of this section about the	22411
provider having slots available for the individuals, and the	22412
reasons the contacts were not made;	22413

(e) The number of all such individuals who withdrew, in the	22414
immediately preceding month, their applications for the treatment	22415
services, each type of treatment service for which those	22416
individuals had applied, and the reasons the applications were	22417
withdrawn;	22418

(f) All other information specified in the rules.

22419

(B) If a community addiction services provider provides	22420
alcohol and drug addiction services in more than one county and	22421
those counties are served by different boards of alcohol, drug	22422
addiction, and mental health services, the provider shall provide	22423
separate reports under division (C)(3) of this section to each of	22424
the boards serving the counties in which the provider provides the	22425
services. The report provided to a board shall be specific to the	22426
county or counties the board serves and not include information	22427
for individuals residing in other counties.	22428

(C) Each report that a community addiction services provider	22429
provides to a board of alcohol, drug addiction, and mental health	22430
services under this section shall do all of the following:	22431

(1) Maintain the confidentiality of all individuals for whom	22432
information is included in the report;	22433

(2) For the purpose of the information reported under	22434
division (A)(3)(c) of this section, identify the types of	22435
residential settings at least as either institutional or	22436
noninstitutional;	22437

(3) If the report is provided to a board that serves more	22438
than one county, present the information included in the report in	22439
a manner that is broken down for each of the counties the board	22440
serves.	22441

Sec. 5119.363. The director of mental health and addiction	22442
services shall adopt rules governing the duties of boards of	22443
alcohol, drug addiction, and mental health services under section	22444
340.20 of the Revised Code and the duties of community addiction	22445
services providers under section 5119.362 of the Revised Code. The	22446
rules shall be adopted in accordance with Chapter 119. of the	22447
Revised Code.	22448

Sec. 5119.364. The department of mental health and addiction	22449
services shall make the reports it receives under section 340.20	22450
of the Revised Code from boards of alcohol, drug addiction, and	22451
mental health services available on the department's internet web	22452
site. The information contained in the reports shall be presented	22453
on the web site on both a statewide basis and county-level basis.	22454
The information on the web site shall be updated monthly after the	22455
boards submit new reports to the department.	22456

Sec. 5119.365. (A) The director of mental health and	22457
addiction services shall adopt rules in accordance with Chapter	22458
119. of the Revised Code to do both of the following:	22459

(1) Streamline the intake procedures used by a community	22460
addiction services provider accepting and beginning to serve a new	22461
patient, including procedures regarding intake forms and	22462
questionnaires;	22463

(2) Enable a community addiction services provider to retain	22464
a patient as an active patient even though the patient last	22465
received services from the provider more than thirty days before	22466
resumption of services so that the patient and provider do not	22467
have to repeat the intake procedures.	22468

(B) The rules adopted under this section shall do both of the	22469
following:	22470

(1) Model the intake and resumption of service procedures on	22471
such procedures used by primary care physicians;	22472

(2) Facilitate the exchange of information about patients	22473
between community addiction services providers and primary care	22474
physicians.	22475

Sec. 5119.40. (A) As used in this section~~, "mentally~~and	22476
section 5119.401 of the Revised Code:	22477

(1) "Mentally ill individual" and "specialized services" have	22478
the same meanings as in section 5165.03 of the Revised Code.	22479

(2) "Nursing facility" has the same meaning as in section	22480
5165.01 of the Revised Code.	22481

(B)(1) Except as provided in division (B)(2) of this section	22482
~~and~~, in rules adopted under division (E)(3) of this section, and	22483
in section 5119.401 of the Revised Code, for purposes of section	22484
5165.03 of the Revised Code, the department of mental health and	22485
addiction services shall determine in accordance with the "Social	22486
Security Act," section 1919(e)(7), 42 U.S.C. 1396r(e)(7), and	22487
regulations adopted under section 1919(f)(8)(A) of that act, 42	22488
U.S.C. 1396r(f)(8)(A), whether, because of the individual's	22489
physical and mental condition, a mentally ill individual seeking	22490
admission to a nursing facility requires the level of services	22491
provided by a nursing facility and, if the individual requires	22492
that level of services, whether the individual requires	22493
specialized services for mental illness. The determination	22494
required by this division shall be based on an independent	22495
physical and mental evaluation performed by a person or entity	22496
other than the department.	22497

(2) Except as provided in division (B)(3) of this section, a	22498
determination under division (B)(1) of this section is not	22499
required for any of the following:	22500

(a) An individual seeking readmission to a nursing facility	22501
after having been transferred from a nursing facility to a	22502
hospital for care;	22503

(b) An individual who meets all of the following conditions:

22504

(i) The individual is admitted to the nursing facility	22505
directly from a hospital after receiving inpatient care at the	22506
hospital;	22507

(ii) The individual requires nursing facility services for	22508
the condition for which care in the hospital was received;	22509

(iii) The individual's attending physician has certified,	22510
before admission to the nursing facility, that the individual is	22511
likely to require less than thirty days of nursing facility	22512
services.	22513

(c) An individual transferred from one nursing facility to	22514
another nursing facility, with or without an intervening hospital	22515
stay.	22516

(3) AExcept as provided in section 5119.401 of the Revised	22517
Code, a determination under division (B)(1) of this section is	22518
required for an individual described in division (B)(2)(a) or (b)	22519
of this section if the hospital from which the individual is	22520
transferred or directly admitted to a nursing facility is either	22521
of the following:	22522

(a) A hospital that the department maintains, operates,	22523
manages, and governs under section 5119.14 of the Revised Code for	22524
the care and treatment of mentally ill persons;	22525

(b) A free-standing hospital, or unit of a hospital, licensed	22526
by the department under section 5119.33 of the Revised Code.	22527

(C) Except as provided in section 5119.401 of the Revised	22528
Code and rules adopted under division (E)(3) of this section, the	22529
department of mental health and addiction services shall review	22530
and determine for each resident of a nursing facility who is	22531
mentally ill, whether the resident, because of the resident's	22532
physical and mental condition, requires the level of services	22533
provided by a nursing facility and whether the resident requires	22534
specialized services for mental illness. The review and	22535
determination shall be conducted in accordance with section	22536
1919(e)(7) of the "Social Security Act" and the regulations	22537
adopted under section 1919(f)(8)(A) of the act and based on an	22538
independent physical and mental evaluation performed by a person	22539
or entity other than the department. The review and determination	22540
shall be completed promptly after a nursing facility has notified	22541
the department that there has been a significant change in the	22542
resident's mental or physical condition.	22543

(D)(1) In the case of a nursing facility resident who has	22544
continuously resided in a nursing facility for at least thirty	22545
months before the date of a review and determination under	22546
division (C) of this section or a resident review under division	22547
(A)(2) of section 5119.401 of the Revised Code, if the resident is	22548
determined not to require the level of services provided by a	22549
nursing facility, but is determined to require specialized	22550
services for mental illness, the department, in consultation with	22551
the resident's family or legal representative and care givers,	22552
shall do all of the following:	22553

(a) Inform the resident of the institutional and	22554
noninstitutional alternatives covered under the medicaid state	22555
plan ~~for medical assistance~~;	22556

(b) Offer the resident the choice of remaining in the nursing	22557
facility or receiving covered services in an alternative	22558
institutional or noninstitutional setting;	22559

(c) Clarify the effect on eligibility for services under the	22560
medicaid state plan ~~for medical assistance~~ if the resident chooses	22561
to leave the facility, including its effect on readmission to the	22562
facility;	22563

(d) Provide for or arrange for the provision of specialized	22564
services for the resident's mental illness in the setting chosen	22565
by the resident.	22566

(2) In the case of a nursing facility resident who has	22567
continuously resided in a nursing facility for less than thirty	22568
months before the date of the review and determination under	22569
division (C) of this section or a resident review under division	22570
(A)(2) of section 5119.401 of the Revised Code, if the resident is	22571
determined not to require the level of services provided by a	22572
nursing facility, but is determined to require specialized	22573
services for mental illness, or if the resident is determined to	22574
require neither the level of services provided by a nursing	22575
facility nor specialized services for mental illness, the	22576
department shall act in accordance with its alternative	22577
disposition plan approved by the United States department of	22578
health and human services under section 1919(e)(7)(E) of the	22579
"Social Security Act."	22580

(3) In the case of an individual who is determined under	22581
division (B) or (C) of this section or division (A)(2) of section	22582
5119.401 of the Revised Code to require both the level of services	22583
provided by a nursing facility and specialized services for mental	22584
illness, the department of mental health and addiction services	22585
shall provide or arrange for the provision of the specialized	22586
services needed by the individual or resident while residing in a	22587
nursing facility.	22588

(E) The department of mental health and addiction services	22589
shall adopt rules in accordance with Chapter 119. of the Revised	22590
Code that do all of the following:	22591

(1) Establish criteria to be used in making the	22592
determinations required by divisions (B) and (C) of this section.	22593
The criteria shall not exceed the criteria established by	22594
regulations adopted by the United States department of health and	22595
human services under section 1919(f)(8)(A) of the "Social Security	22596
Act."	22597

(2) Specify information to be provided by the individual or	22598
nursing facility resident being assessed;	22599

(3) Specify any circumstances, in addition to circumstances	22600
listed in division (B) of this section and specified in section	22601
5119.401 of the Revised Code, under which determinations under	22602
divisions (B) and (C) of this section are not required to be made.	22603

Sec. 5119.401. (A) A nursing facility with a valid license	22604
issued by the director of mental health and addiction services	22605
under division (B) of this section may do both of the following:	22606

(1) Admit as a resident a mentally ill individual without the	22607
individual undergoing the determination otherwise required by	22608
division (B)(1) of section 5119.40 of the Revised Code if the	22609
individual, pursuant to division (B)(2)(a) or (b) of that section,	22610
would be exempt from having to undergo the determination if not	22611
for division (B)(3) of that section;	22612

(2) Instead of providing for a resident admitted to the	22613
nursing facility under division (A)(1) of this section to undergo	22614
a review and determination under division (C) of section 5119.40	22615
of the Revised Code, provide for the resident to undergo a	22616
resident review that is conducted in accordance with all of the	22617
following:	22618

(a) By a case manager who does not have a direct or indirect	22619
affiliation or relationship with the nursing facility;	22620

(b) Every thirty days;

22621

(c) In accordance with the requirements of the "Social	22622
Security Act," section 1919(e)(7), 42 U.S.C. 1396r(e)(7), and the	22623
regulations adopted under the "Social Security Act," section	22624
1919(f)(8)(A), 42 U.S.C. 1396r(f)(8)(A).	22625

(B) The director shall issue to a nursing facility a license	22626
that authorizes the nursing facility to take the actions specified	22627
in division (A) of this section if all of the following apply:	22628

(1) The nursing facility has a medical director who is a	22629
psychiatrist;	22630

(2) The nursing facility provides specialized services for	22631
mental illness;	22632

(3) The nursing facility does not restrict admissions to	22633
mentally ill individuals;	22634

(4) The nursing facility meets all other requirements	22635
specified in rules adopted under this section.	22636

(C) The director shall adopt rules in accordance with Chapter	22637
119. of the Revised Code as necessary to implement this section.	22638

Sec. 5122.36. If the legal residence of a person suffering	22639
from mental illness is in another county of the state, the	22640
necessary expense of the person's return is a proper charge	22641
against the county of legal residence. If an adjudication and	22642
order of hospitalization by the probate court of the county of	22643
temporary residence are required, the regular probate court fees	22644
and expenses incident to the order of hospitalization under this	22645
chapter and any other expense incurred on the person's behalf	22646
shall be charged to and paid by the county of the person's legal	22647
residence upon the approval and certification of the probate judge	22648
of that county. The ordering court shall send to the probate court	22649
of the person's county of legal residence a certified transcript	22650
of all proceedings had in the ordering court. The receiving court	22651
shall enter and record the transcript. The certified transcript is	22652
prima facie evidence of the residence of the person. When the	22653
residence of the person cannot be established as represented by	22654
the ordering court, the matter of residence shall be referred to	22655
the department of mental health and addiction services for	22656
investigation and determination.	22657

Sec. 5123.01. As used in this chapter:

22658

(A) "Chief medical officer" means the licensed physician	22659
appointed by the managing officer of an institution for the	22660
mentally retarded with the approval of the director of	22661
developmental disabilities to provide medical treatment for	22662
residents of the institution.	22663

(B) "Chief program director" means a person with special	22664
training and experience in the diagnosis and management of the	22665
mentally retarded, certified according to division (C) of this	22666
section in at least one of the designated fields, and appointed by	22667
the managing officer of an institution for the mentally retarded	22668
with the approval of the director to provide habilitation and care	22669
for residents of the institution.	22670

(C) "Comprehensive evaluation" means a study, including a	22671
sequence of observations and examinations, of a person leading to	22672
conclusions and recommendations formulated jointly, with	22673
dissenting opinions if any, by a group of persons with special	22674
training and experience in the diagnosis and management of persons	22675
with mental retardation or a developmental disability, which group	22676
shall include individuals who are professionally qualified in the	22677
fields of medicine, psychology, and social work, together with	22678
such other specialists as the individual case may require.	22679

(D) "Education" means the process of formal training and	22680
instruction to facilitate the intellectual and emotional	22681
development of residents.	22682

(E) "Habilitation" means the process by which the staff of	22683
the institution assists the resident in acquiring and maintaining	22684
those life skills that enable the resident to cope more	22685
effectively with the demands of the resident's own person and of	22686
the resident's environment and in raising the level of the	22687
resident's physical, mental, social, and vocational efficiency.	22688
Habilitation includes but is not limited to programs of formal,	22689
structured education and training.	22690

(F) "Health officer" means any public health physician,	22691
public health nurse, or other person authorized or designated by a	22692
city or general health district.	22693

(G) "Home and community-based services" means medicaid-funded	22694
home and community-based services specified in division (A)(1) of	22695
section 5166.20 of the Revised Code provided under the medicaid	22696
waiver components the department of developmental disabilities	22697
administers pursuant to section 5166.21 of the Revised Code.	22698
Except as provided in section 5123.0412 of the Revised Code, home	22699
and community-based services provided under the medicaid waiver	22700
component known as the transitions developmental disabilities	22701
waiver are to be considered to be home and community-based	22702
services for the purposes of this chapter, and Chapters 5124. and	22703
5126. of the Revised Code, only to the extent, if any, provided by	22704
the contract required by section 5166.21 of the Revised Code	22705
regarding the waiver.	22706

(H) "ICF/IID" has the same meaning as in section 5124.01 of	22707
the Revised Code.	22708

(I) "Indigent person" means a person who is unable, without	22709
substantial financial hardship, to provide for the payment of an	22710
attorney and for other necessary expenses of legal representation,	22711
including expert testimony.	22712

(J) "Institution" means a public or private facility, or a	22713
part of a public or private facility, that is licensed by the	22714
appropriate state department and is equipped to provide	22715
residential habilitation, care, and treatment for the mentally	22716
retarded.	22717

(K) "Licensed physician" means a person who holds a valid	22718
certificate issued under Chapter 4731. of the Revised Code	22719
authorizing the person to practice medicine and surgery or	22720
osteopathic medicine and surgery, or a medical officer of the	22721
government of the United States while in the performance of the	22722
officer's official duties.	22723

(L) "Managing officer" means a person who is appointed by the	22724
director of developmental disabilities to be in executive control	22725
of an institution for the mentally retarded under the jurisdiction	22726
of the department.	22727

(M) "Medicaid case management services" means case management	22728
services provided to an individual with mental retardation or	22729
other developmental disability that the state medicaid plan	22730
requires.	22731

(N) "Mentally retarded person" means a person having	22732
significantly subaverage general intellectual functioning existing	22733
concurrently with deficiencies in adaptive behavior, manifested	22734
during the developmental period.	22735

(O) "Mentally retarded person subject to institutionalization	22736
by court order" means a person eighteen years of age or older who	22737
is at least moderately mentally retarded and in relation to whom,	22738
because of the person's retardation, either of the following	22739
conditions exist:	22740

(1) The person represents a very substantial risk of physical	22741
impairment or injury to self as manifested by evidence that the	22742
person is unable to provide for and is not providing for the	22743
person's most basic physical needs and that provision for those	22744
needs is not available in the community;	22745

(2) The person needs and is susceptible to significant	22746
habilitation in an institution.	22747

(P) "A person who is at least moderately mentally retarded"	22748
means a person who is found, following a comprehensive evaluation,	22749
to be impaired in adaptive behavior to a moderate degree and to be	22750
functioning at the moderate level of intellectual functioning in	22751
accordance with standard measurements as recorded in the most	22752
current revision of the manual of terminology and classification	22753
in mental retardation published by the American association on	22754
mental retardation.	22755

(Q) As used in this division, ~~"substantial functional~~	22756
~~limitation,"~~ "developmental delay," ~~and "established risk" have~~	22757
has the ~~meanings~~meaning established pursuant to section 5123.011	22758
of the Revised Code.	22759

"Developmental disability" means a severe, chronic disability	22760
that is characterized by all of the following:	22761

(1) It is attributable to a mental or physical impairment or	22762
a combination of mental and physical impairments, other than a	22763
mental or physical impairment solely caused by mental illness as	22764
defined in division (A) of section 5122.01 of the Revised Code.	22765

(2) It is manifested before age twenty-two.

22766

(3) It is likely to continue indefinitely.

22767

(4) It results in one of the following:

22768

(a) In the case of a person under three years of age, at	22769
least one developmental delay or ~~an established risk~~a diagnosed	22770
physical or mental condition that has a high probability of	22771
resulting in a developmental delay;	22772

(b) In the case of a person at least three years of age but	22773
under six years of age, at least two developmental delays ~~or an~~	22774
~~established risk~~;	22775

(c) In the case of a person six years of age or older, a	22776
substantial functional limitation in at least three of the	22777
following areas of major life activity, as appropriate for the	22778
person's age: self-care, receptive and expressive language,	22779
learning, mobility, self-direction, capacity for independent	22780
living, and, if the person is at least sixteen years of age,	22781
capacity for economic self-sufficiency.	22782

(5) It causes the person to need a combination and sequence	22783
of special, interdisciplinary, or other type of care, treatment,	22784
or provision of services for an extended period of time that is	22785
individually planned and coordinated for the person.	22786

(R) "Developmentally disabled person" means a person with a	22787
developmental disability.	22788

(S) "State institution" means an institution that is	22789
tax-supported and under the jurisdiction of the department.	22790

(T) "Residence" and "legal residence" have the same meaning	22791
as "legal settlement," which is acquired by residing in Ohio for a	22792
period of one year without receiving general assistance prior to	22793
July 17, 1995, under former Chapter 5113. of the Revised Code,	22794
financial assistance under Chapter 5115. of the Revised Code, or	22795
assistance from a private agency that maintains records of	22796
assistance given. A person having a legal settlement in the state	22797
shall be considered as having legal settlement in the assistance	22798
area in which the person resides. No adult person coming into this	22799
state and having a spouse or minor children residing in another	22800
state shall obtain a legal settlement in this state as long as the	22801
spouse or minor children are receiving public assistance, care, or	22802
support at the expense of the other state or its subdivisions. For	22803
the purpose of determining the legal settlement of a person who is	22804
living in a public or private institution or in a home subject to	22805
licensing by the department of job and family services, the	22806
department of mental health and addiction services, or the	22807
department of developmental disabilities, the residence of the	22808
person shall be considered as though the person were residing in	22809
the county in which the person was living prior to the person's	22810
entrance into the institution or home. Settlement once acquired	22811
shall continue until a person has been continuously absent from	22812
Ohio for a period of one year or has acquired a legal residence in	22813
another state. A woman who marries a man with legal settlement in	22814
any county immediately acquires the settlement of her husband. The	22815
legal settlement of a minor is that of the parents, surviving	22816
parent, sole parent, parent who is designated the residential	22817
parent and legal custodian by a court, other adult having	22818
permanent custody awarded by a court, or guardian of the person of	22819
the minor, provided that:	22820

(1) A minor female who marries shall be considered to have	22821
the legal settlement of her husband and, in the case of death of	22822
her husband or divorce, she shall not thereby lose her legal	22823
settlement obtained by the marriage.	22824

(2) A minor male who marries, establishes a home, and who has	22825
resided in this state for one year without receiving general	22826
assistance prior to July 17, 1995, under former Chapter 5113. of	22827
the Revised Code, financial assistance under Chapter 5115. of the	22828
Revised Code, or assistance from a private agency that maintains	22829
records of assistance given shall be considered to have obtained a	22830
legal settlement in this state.	22831

(3) The legal settlement of a child under eighteen years of	22832
age who is in the care or custody of a public or private child	22833
caring agency shall not change if the legal settlement of the	22834
parent changes until after the child has been in the home of the	22835
parent for a period of one year.	22836

No person, adult or minor, may establish a legal settlement	22837
in this state for the purpose of gaining admission to any state	22838
institution.	22839

(U)(1) "Resident" means, subject to division (U)(2) of this	22840
section, a person who is admitted either voluntarily or	22841
involuntarily to an institution or other facility pursuant to	22842
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	22843
Code subsequent to a finding of not guilty by reason of insanity	22844
or incompetence to stand trial or under this chapter who is under	22845
observation or receiving habilitation and care in an institution.	22846

(2) "Resident" does not include a person admitted to an	22847
institution or other facility under section 2945.39, 2945.40,	22848
2945.401, or 2945.402 of the Revised Code to the extent that the	22849
reference in this chapter to resident, or the context in which the	22850
reference occurs, is in conflict with any provision of sections	22851
2945.37 to 2945.402 of the Revised Code.	22852

(V) "Respondent" means the person whose detention,	22853
commitment, or continued commitment is being sought in any	22854
proceeding under this chapter.	22855

(W) "Working day" and "court day" mean Monday, Tuesday,	22856
Wednesday, Thursday, and Friday, except when such day is a legal	22857
holiday.	22858

(X) "Prosecutor" means the prosecuting attorney, village	22859
solicitor, city director of law, or similar chief legal officer	22860
who prosecuted a criminal case in which a person was found not	22861
guilty by reason of insanity, who would have had the authority to	22862
prosecute a criminal case against a person if the person had not	22863
been found incompetent to stand trial, or who prosecuted a case in	22864
which a person was found guilty.	22865

(Y) "Court" means the probate division of the court of common	22866
pleas.	22867

(Z) "Supported living" and "residential services" have the	22868
same meanings as in section 5126.01 of the Revised Code.	22869

Sec. 5123.011. The director of developmental disabilities	22870
shall adopt rules in accordance with Chapter 119. of the Revised	22871
Code ~~that establish definitions of "substantial functional~~	22872
~~limitation,"~~to do both of the following:	22873

(A) Define "developmental delay~~," "established risk,"~~	22874
~~"biological risk," and "environmental risk.~~";	22875

(B) For the purpose of division (Q)(4)(c) of section 5123.01	22876
and division (F)(4)(c) of section 5126.01 of the Revised Code,	22877
specify how to determine whether a person six years of age or	22878
older has a substantial functional limitation in a major life	22879
activity as appropriate for the person's age.	22880

Sec. 5123.012. (A) As used in this section:

22881

~~(1) "Biological risk" and "environmental risk" have the~~	22882
~~meanings established pursuant to section 5123.011 of the Revised~~	22883
~~Code.~~	22884

~~(2) "Preschool~~, "preschool child with a disability" has the	22885
same meaning as in section 3323.01 of the Revised Code.	22886

(B) Except as provided in division (C) of this section, the	22887
department of developmental disabilities shall make eligibility	22888
determinations in accordance with the definition of "developmental	22889
disability" in section 5123.01 of the Revised Code. The department	22890
may adopt rules in accordance with Chapter 119. of the Revised	22891
Code establishing eligibility for programs and services for ~~either~~	22892
~~of the following:~~	22893

~~(1) Individuals under age six who have a biological risk or~~	22894
~~environmental risk of a developmental delay;~~	22895

~~(2) Any~~any preschool child with a disability eligible for	22896
services under section 3323.02 of the Revised Code whose	22897
disability is not attributable solely to mental illness as defined	22898
in section 5122.01 of the Revised Code.	22899

(C)(1) The department shall make determinations of	22900
eligibility for protective services in accordance with sections	22901
5123.55 to 5123.59 of the Revised Code.	22902

(2) Determinations of whether a mentally retarded person is	22903
subject to institutionalization by court order shall be made in	22904
accordance with sections 5123.71 to 5123.76 of the Revised Code	22905
and shall be based on the definition of "mentally retarded person	22906
subject to institutionalization by court order" in section 5123.01	22907
of the Revised Code.	22908

(3) All persons who were eligible for services and enrolled	22909
in programs offered by the department of developmental	22910
disabilities pursuant to this chapter on July 1, 1991, shall	22911
continue to be eligible for those services and to be enrolled in	22912
those programs as long as they are in need of services.	22913

Sec. 5123.0420. As used in this section, "evidence-based	22914
intervention" means a prevention or treatment service that has	22915
been demonstrated through scientific evaluation to produce a	22916
positive outcome.	22917

The department of developmental disabilities shall establish	22918
a voluntary training and certification program for individuals who	22919
provide evidence-based interventions to individuals with an autism	22920
spectrum disorder. The department shall administer the program or	22921
contract with a person or other government entity to administer	22922
the program. The program shall not conflict with or duplicate any	22923
other certification or licensure process administered by the	22924
state.	22925

The director of developmental disabilities may adopt rules as	22926
necessary to implement this section. If the director adopts rules,	22927
the rules shall be adopted in accordance with Chapter 119. of the	22928
Revised Code.	22929

Sec. 5123.16. (A) As used in sections 5123.16 to 5123.1610	22930
of the Revised Code:	22931

(1) "Applicant" means any of the following:

22932

(a) The chief executive officer of a business that applies	22933
under section 5123.161 of the Revised Code for a certificate to	22934
provide supported living;	22935

(b) The chief executive officer of a business that seeks	22936
renewal of the business's supported living certificate under	22937
section 5123.164 of the Revised Code;	22938

(c) An individual who applies under section 5123.161 of the	22939
Revised Code for a certificate to provide supported living as an	22940
independent provider;	22941

(d) An independent provider who seeks renewal of the	22942
independent provider's supported living certificate under section	22943
5123.164 of the Revised Code.	22944

(2)~~(a)~~ "Business" means ~~either of the following:~~

22945

~~(i) An~~an association, corporation, nonprofit organization,	22946
partnership, trust, or other group of persons;	22947

~~(ii) An individual who employs, directly or through contract,~~	22948
~~one or more other individuals to provide supported living.~~	22949

~~(b)~~. "Business" does not mean an independent provider.

22950

(3) "Criminal records check" has the same meaning as in	22951
section 109.572 of the Revised Code.	22952

(4) "Disqualifying offense" means any of the offenses listed	22953
or described in divisions (A)(3)(a) to (e) of section 109.572 of	22954
the Revised Code.	22955

(5) "Independent provider" means a provider who provides	22956
supported living on a self-employed basis and does not employ,	22957
directly or through contract, another ~~individual~~person to provide	22958
the supported living.	22959

(6) "Provider" means a person or government entity certified	22960
by the director of developmental disabilities to provide supported	22961
living. For the purpose of division (A)(8) of this section,	22962
"provider" includes a person or government entity that seeks or	22963
previously held a certificate to provide supported living.	22964

(7) "Minor drug possession offense" has the same meaning as	22965
in section 2925.01 of the Revised Code.	22966

(8) "Related party" means any of the following:

22967

(a) In the case of a provider who is an individual, any of	22968
the following:	22969

(i) The spouse of the provider;

22970

(ii) A parent or stepparent of the provider or provider's	22971
spouse;	22972

(iii) A child of the provider or provider's spouse;

22973

(iv) A sibling, half sibling, or stepsibling of the provider	22974
or provider's spouse;	22975

(v) A grandparent of the provider or provider's spouse;

22976

(vi) A grandchild of the provider or provider's spouse;

22977

~~(vii) An employee or employer of the provider or provider's~~	22978
~~spouse~~.	22979

(b) In the case of a provider that is a person other than an	22980
individual, any of the following:	22981

(i) ~~An employee of the person~~Any person or government entity	22982
that directly or indirectly controls the provider's day-to-day	22983
operations (including as a general manager, business manager,	22984
financial manager, administrator, or director), regardless of	22985
whether the person or government entity exercises the control	22986
pursuant to a contract or other arrangement and regardless of	22987
whether the person or government entity is required to file an	22988
Internal Revenue Code form W-2 for the provider;	22989

(ii) An officer of the provider, including the chief	22990
executive officer, president, vice-president, secretary, and	22991
treasurer;	22992

(iii) A member of the provider's board of directors or	22993
trustees;	22994

(iv) A person owning a financial interest of five per cent or	22995
more in the provider, including a direct, indirect, security, or	22996
mortgage financial interest;	22997

(v) ~~A corporation that has a subsidiary relationship with the~~	22998
~~provider;~~	22999

~~(vi) A person or government entity that has control over the~~	23000
~~provider's day-to-day operation;~~	23001

~~(vii)~~The spouse, parent, stepparent, child, sibling, half	23002
sibling, stepsibling, grandparent, or grandchild of any of the	23003
persons specified in divisions (A)(8)(b)(i) to (iv) of this	23004
section;	23005

(vi) A person over which the provider has control of the	23006
day-to-day operation;	23007

(vii) A corporation that has a subsidiary relationship with	23008
the provider.	23009

(c) In the case of a provider that is a government entity,	23010
any of the following:	23011

(i) ~~An employee of the provider~~Any person or government	23012
entity that directly or indirectly controls the provider's	23013
day-to-day operations (including as a general manager, financial	23014
manager, administrator, or director), regardless of whether the	23015
person or government entity exercises the control pursuant to a	23016
contract or other arrangement;	23017

(ii) An officer of the provider;

23018

(iii) A member of the provider's governing board;

23019

(iv) ~~A government entity that has control over the provider's~~	23020
~~day-to-day operation;~~	23021

~~(v)~~ A person or government entity over which the provider has	23022
control of the day-to-day operation.	23023

(B) No person or government entity may provide supported	23024
living without a valid supported living certificate issued by the	23025
director of developmental disabilities.	23026

(C) A county board of developmental disabilities may provide	23027
supported living only to the extent permitted by rules adopted	23028
under section 5123.1610 of the Revised Code.	23029

Sec. 5123.162. (A) The director of developmental	23030
disabilities may conduct surveys of persons and government	23031
entities that seek a supported living certificate to determine	23032
whether the persons and government entities meet the certification	23033
standards. The director may also conduct surveys of providers to	23034
determine whether the providers continue to meet the certification	23035
standards. The director may assign to a county board of	23036
developmental disabilities the responsibility to conduct either	23037
type of survey. Each survey shall ~~conduct the surveys~~be conducted	23038
in accordance with rules adopted under section 5123.1610 of the	23039
Revised Code.	23040

(B) Following each survey of a provider, the director shall	23041
issue a report listing the date of the survey, any citations	23042
issued as a result of the survey, and the statutes or rules that	23043
purportedly have been violated and are the bases of the citations.	23044
The director shall also do both of the following:	23045

(1) Specify a date by which the provider may appeal any of	23046
the citations;	23047

(2) When appropriate, specify a timetable within which the	23048
provider must submit a plan of correction describing how the	23049
problems specified in the citations will be corrected and the date	23050
by which the provider anticipates the problems will be corrected.	23051

(C) If the director initiates a proceeding to revoke a	23052
provider's certification, the director shall include the report	23053
required by division (B) of this section with the notice of the	23054
proposed revocation the director sends to the provider. In this	23055
circumstance, the provider may not submit a plan of correction.	23056

(D) After a plan of correction is submitted, the director	23057
shall approve or disapprove the plan. If the plan of correction is	23058
approved, a copy of the approved plan shall be provided, not later	23059
than five business days after it is approved, to any person or	23060
government entity that requests it and made available on the	23061
internet web site maintained by the department of developmental	23062
disabilities. If the plan of correction is not approved and the	23063
director initiates a proceeding to revoke the provider's	23064
certification, a copy of the survey report shall be provided to	23065
any person or government entity that requests it and shall be made	23066
available on the internet web site maintained by the department.	23067

~~The~~(E) In addition to survey reports described in this	23068
section, all other records ofassociated with surveys conducted	23069
under this section are public records for the purpose of section	23070
149.43 of the Revised Code and shall be made available on the	23071
request of any person or government entity.	23072

Sec. 5123.19. (A) As used in sections 5123.19 to 5123.20 of	23073
the Revised Code:	23074

(1) "Independent living arrangement" means an arrangement in	23075
which a mentally retarded or developmentally disabled person	23076
resides in an individualized setting chosen by the person or the	23077
person's guardian, which is not dedicated principally to the	23078
provision of residential services for mentally retarded or	23079
developmentally disabled persons, and for which no financial	23080
support is received for rendering such service from any	23081
governmental agency by a provider of residential services.	23082

(2) "Licensee" means the person or government agency that has	23083
applied for a license to operate a residential facility and to	23084
which the license was issued under this section.	23085

(3) "Political subdivision" means a municipal corporation,	23086
county, or township.	23087

(4) "Related party" has the same meaning as in section	23088
5123.16 of the Revised Code except that "provider" as used in the	23089
definition of "related party" means a person or government entity	23090
that held or applied for a license to operate a residential	23091
facility, rather than a person or government entity certified to	23092
provide supported living.	23093

(5)(a) Except as provided in division (A)(5)(b) of this	23094
section, "residential facility" means a home or facility,	23095
including an ICF/IID, in which an individual with mental	23096
retardation or a developmental disability resides.	23097

(b) "Residential facility" does not mean any of the	23098
following:	23099

(i) The home of a relative or legal guardian in which an	23100
individual with mental retardation or a developmental disability	23101
resides;	23102

(ii) A respite care home certified under section 5126.05 of	23103
the Revised Code;	23104

(iii) A county home or district home operated pursuant to	23105
Chapter 5155. of the Revised Code;	23106

(iv) A dwelling in which the only residents with mental	23107
retardation or developmental disabilities are in independent	23108
living arrangements or are being provided supported living.	23109

(B) Every person or government agency desiring to operate a	23110
residential facility shall apply for licensure of the facility to	23111
the director of developmental disabilities unless the residential	23112
facility is subject to section 3721.02, 5103.03, 5119.33, or	23113
division (A)(9)(b) of section 5119.34 of the Revised Code.	23114

(C) Subject to section 5123.196 of the Revised Code, the	23115
director of developmental disabilities shall license the operation	23116
of residential facilities. An initial license shall be issued for	23117
a period that does not exceed one year, unless the director denies	23118
the license under division (D) of this section. A license shall be	23119
renewed for a period that does not exceed three years, unless the	23120
director refuses to renew the license under division (D) of this	23121
section. The director, when issuing or renewing a license, shall	23122
specify the period for which the license is being issued or	23123
renewed. A license remains valid for the length of the licensing	23124
period specified by the director, unless the license is	23125
terminated, revoked, or voluntarily surrendered.	23126

(D) If it is determined that an applicant or licensee is not	23127
in compliance with a provision of this chapter that applies to	23128
residential facilities or the rules adopted under such a	23129
provision, the director may deny issuance of a license, refuse to	23130
renew a license, terminate a license, revoke a license, issue an	23131
order for the suspension of admissions to a facility, issue an	23132
order for the placement of a monitor at a facility, issue an order	23133
for the immediate removal of residents, or take any other action	23134
the director considers necessary consistent with the director's	23135
authority under this chapter regarding residential facilities. In	23136
the director's selection and administration of the sanction to be	23137
imposed, all of the following apply:	23138

(1) The director may deny, refuse to renew, or revoke a	23139
license, if the director determines that the applicant or licensee	23140
has demonstrated a pattern of serious noncompliance or that a	23141
violation creates a substantial risk to the health and safety of	23142
residents of a residential facility.	23143

(2) The director may terminate a license if more than twelve	23144
consecutive months have elapsed since the residential facility was	23145
last occupied by a resident or a notice required by division (K)	23146
of this section is not given.	23147

(3) The director may issue an order for the suspension of	23148
admissions to a facility for any violation that may result in	23149
sanctions under division (D)(1) of this section and for any other	23150
violation specified in rules adopted under division (H)(2) of this	23151
section. If the suspension of admissions is imposed for a	23152
violation that may result in sanctions under division (D)(1) of	23153
this section, the director may impose the suspension before	23154
providing an opportunity for an adjudication under Chapter 119. of	23155
the Revised Code. The director shall lift an order for the	23156
suspension of admissions when the director determines that the	23157
violation that formed the basis for the order has been corrected.	23158

(4) The director may order the placement of a monitor at a	23159
residential facility for any violation specified in rules adopted	23160
under division (H)(2) of this section. The director shall lift the	23161
order when the director determines that the violation that formed	23162
the basis for the order has been corrected.	23163

(5) If the director determines that two or more residential	23164
facilities owned or operated by the same person or government	23165
entity are not being operated in compliance with a provision of	23166
this chapter that applies to residential facilities or the rules	23167
adopted under such a provision, and the director's findings are	23168
based on the same or a substantially similar action, practice,	23169
circumstance, or incident that creates a substantial risk to the	23170
health and safety of the residents, the director shall conduct a	23171
survey as soon as practicable at each residential facility owned	23172
or operated by that person or government entity. The director may	23173
take any action authorized by this section with respect to any	23174
facility found to be operating in violation of a provision of this	23175
chapter that applies to residential facilities or the rules	23176
adopted under such a provision.	23177

(6) When the director initiates license revocation	23178
proceedings, no opportunity for submitting a plan of correction	23179
shall be given. The director shall notify the licensee by letter	23180
of the initiation of the proceedings. The letter shall list the	23181
deficiencies of the residential facility and inform the licensee	23182
that no plan of correction will be accepted. The director shall	23183
also send a copy of the letter to the county board of	23184
developmental disabilities. The county board shall send a copy of	23185
the letter to each of the following:	23186

(a) Each resident who receives services from the licensee;

23187

(b) The guardian of each resident who receives services from	23188
the licensee if the resident has a guardian;	23189

(c) The parent or guardian of each resident who receives	23190
services from the licensee if the resident is a minor.	23191

(7) Pursuant to rules which shall be adopted in accordance	23192
with Chapter 119. of the Revised Code, the director may order the	23193
immediate removal of residents from a residential facility	23194
whenever conditions at the facility present an immediate danger of	23195
physical or psychological harm to the residents.	23196

(8) In determining whether a residential facility is being	23197
operated in compliance with a provision of this chapter that	23198
applies to residential facilities or the rules adopted under such	23199
a provision, or whether conditions at a residential facility	23200
present an immediate danger of physical or psychological harm to	23201
the residents, the director may rely on information obtained by a	23202
county board of developmental disabilities or other governmental	23203
agencies.	23204

(9) In proceedings initiated to deny, refuse to renew, or	23205
revoke licenses, the director may deny, refuse to renew, or revoke	23206
a license regardless of whether some or all of the deficiencies	23207
that prompted the proceedings have been corrected at the time of	23208
the hearing.	23209

(E) The director shall establish a program under which public	23210
notification may be made when the director has initiated license	23211
revocation proceedings or has issued an order for the suspension	23212
of admissions, placement of a monitor, or removal of residents.	23213
The director shall adopt rules in accordance with Chapter 119. of	23214
the Revised Code to implement this division. The rules shall	23215
establish the procedures by which the public notification will be	23216
made and specify the circumstances for which the notification must	23217
be made. The rules shall require that public notification be made	23218
if the director has taken action against the facility in the	23219
eighteen-month period immediately preceding the director's latest	23220
action against the facility and the latest action is being taken	23221
for the same or a substantially similar violation of a provision	23222
of this chapter that applies to residential facilities or the	23223
rules adopted under such a provision. The rules shall specify a	23224
method for removing or amending the public notification if the	23225
director's action is found to have been unjustified or the	23226
violation at the residential facility has been corrected.	23227

(F)(1) Except as provided in division (F)(2) of this section,	23228
appeals from proceedings initiated to impose a sanction under	23229
division (D) of this section shall be conducted in accordance with	23230
Chapter 119. of the Revised Code.	23231

(2) Appeals from proceedings initiated to order the	23232
suspension of admissions to a facility shall be conducted in	23233
accordance with Chapter 119. of the Revised Code, unless the order	23234
was issued before providing an opportunity for an adjudication, in	23235
which case all of the following apply:	23236

(a) The licensee may request a hearing not later than ten	23237
days after receiving the notice specified in section 119.07 of the	23238
Revised Code.	23239

(b) If a timely request for a hearing that includes the	23240
licensee's current address is made, the hearing shall commence not	23241
later than thirty days after the department receives the request.	23242

(c) After commencing, the hearing shall continue	23243
uninterrupted, except for Saturdays, Sundays, and legal holidays,	23244
unless other interruptions are agreed to by the licensee and the	23245
director.	23246

(d) If the hearing is conducted by a hearing examiner, the	23247
hearing examiner shall file a report and recommendations not later	23248
than ten days after the last of the following:	23249

(i) The close of the hearing;

23250

(ii) If a transcript of the proceedings is ordered, the	23251
hearing examiner receives the transcript;	23252

(iii) If post-hearing briefs are timely filed, the hearing	23253
examiner receives the briefs.	23254

(e) A copy of the written report and recommendation of the	23255
hearing examiner shall be sent, by certified mail, to the licensee	23256
and the licensee's attorney, if applicable, not later than five	23257
days after the report is filed.	23258

(f) Not later than five days after the hearing examiner files	23259
the report and recommendations, the licensee may file objections	23260
to the report and recommendations.	23261

(g) Not later than fifteen days after the hearing examiner	23262
files the report and recommendations, the director shall issue an	23263
order approving, modifying, or disapproving the report and	23264
recommendations.	23265

(h) Notwithstanding the pendency of the hearing, the director	23266
shall lift the order for the suspension of admissions when the	23267
director determines that the violation that formed the basis for	23268
the order has been corrected.	23269

(G) Neither a person or government agency whose application	23270
for a license to operate a residential facility is denied nor a	23271
related party of the person or government agency may apply for a	23272
license to operate a residential facility before the date that is	23273
one year after the date of the denial. Neither a licensee whose	23274
residential facility license is revoked nor a related party of the	23275
licensee may apply for a residential facility license before the	23276
date that is five years after the date of the revocation.	23277

(H) In accordance with Chapter 119. of the Revised Code, the	23278
director shall adopt and may amend and rescind rules for licensing	23279
and regulating the operation of residential facilities. The rules	23280
for residential facilities that are ICFs/IID may differ from those	23281
for other residential facilities. The rules shall establish and	23282
specify the following:	23283

(1) Procedures and criteria for issuing and renewing	23284
licenses, including procedures and criteria for determining the	23285
length of the licensing period that the director must specify for	23286
each license when it is issued or renewed;	23287

(2) Procedures and criteria for denying, refusing to renew,	23288
terminating, and revoking licenses and for ordering the suspension	23289
of admissions to a facility, placement of a monitor at a facility,	23290
and the immediate removal of residents from a facility;	23291

(3) Fees for issuing and renewing licenses, which shall be	23292
deposited into the program fee fund created under section 5123.033	23293
of the Revised Code;	23294

(4) Procedures for surveying residential facilities;

23295

(5) Requirements for the training of residential facility	23296
personnel;	23297

(6) Classifications for the various types of residential	23298
facilities;	23299

(7) Certification procedures for licensees and management	23300
contractors that the director determines are necessary to ensure	23301
that they have the skills and qualifications to properly operate	23302
or manage residential facilities;	23303

(8) The maximum number of persons who may be served in a	23304
particular type of residential facility;	23305

(9) Uniform procedures for admission of persons to and	23306
transfers and discharges of persons from residential facilities;	23307

(10) Other standards for the operation of residential	23308
facilities and the services provided at residential facilities;	23309

(11) Procedures for waiving any provision of any rule adopted	23310
under this section.	23311

(I)(1) Before issuing a license, the director ~~of the~~	23312
~~department or the director's designee~~ shall conduct a survey of	23313
the residential facility for which application is made. The	23314
director ~~or the director's designee~~ shall conduct a survey of each	23315
licensed residential facility at least once during the period the	23316
license is valid and may conduct additional inspections as needed.	23317
A survey includes but is not limited to an on-site examination and	23318
evaluation of the residential facility, its personnel, and the	23319
services provided there. The director may assign to a county board	23320
of developmental disabilities the responsibility to conduct any	23321
survey or inspection under this section.	23322

(2) In conducting surveys, the director ~~or the director's~~	23323
~~designee~~ shall be given access to the residential facility; all	23324
records, accounts, and any other documents related to the	23325
operation of the facility; the licensee; the residents of the	23326
facility; and all persons acting on behalf of, under the control	23327
of, or in connection with the licensee. The licensee and all	23328
persons on behalf of, under the control of, or in connection with	23329
the licensee shall cooperate with the director ~~or the director's~~	23330
~~designee~~ in conducting the survey.	23331

(3) Following each survey, ~~unless the director initiates a~~	23332
~~license revocation proceeding,~~ the director ~~or the director's~~	23333
~~designee~~ shall provide the licensee with a report listing the date	23334
of the survey, any ~~deficiencies, specifying~~citations issued as a	23335
result of the survey, and the statutes or rules that purportedly	23336
have been violated and are the bases of the citations. The	23337
director shall also do both of the following:	23338

(a) Specify a date by which the licensee may appeal any of	23339
the citations;	23340

(b) When appropriate, specify a timetable within which the	23341
licensee ~~shall~~must submit a plan of correction describing how	23342
the ~~deficiencies~~problems specified in the citations will be	23343
corrected, and~~, when appropriate~~, ~~specifying a timetable within~~	23344
the date by which the licensee ~~must correct~~anticipates the	23345
~~deficiencies~~problems will be corrected. ~~After~~	23346

(4) If the director initiates a proceeding to revoke a	23348
license, the director shall include the report required by	23349
division (I)(3) of this section with the notice of the proposed	23350
revocation the director sends to the licensee. In this	23351
circumstance, the licensee may not submit a plan of correction.	23352

(5) After a plan of correction is submitted, the director or	23353
~~the director's designee~~ shall approve or disapprove the plan. AIf	23354
the plan of correction is approved, a copy of the ~~report and any~~	23355
approved plan ~~of correction~~ shall be provided, not later than five	23356
business days after it is approved, to any person or government	23357
entity who requests it and made available on the internet web site	23358
maintained by the department of developmental disabilities. If the	23359
plan of correction is not approved and the director initiates a	23360
proceeding to revoke the license, a copy of the survey report	23361
shall be provided to any person or government entity that requests	23362
it and shall be made available on the internet web site maintained	23363
by the department.	23364

(6) The director shall initiate disciplinary action against	23365
any department employee who notifies or causes the notification to	23366
any unauthorized person of an unannounced survey of a residential	23367
facility by an authorized representative of the department.	23368

(J) In addition to any other information which may be	23369
required of applicants for a license pursuant to this section, the	23370
director shall require each applicant to provide a copy of an	23371
approved plan for a proposed residential facility pursuant to	23372
section 5123.042 of the Revised Code. This division does not apply	23373
to renewal of a license or to an applicant for an initial or	23374
modified license who meets the requirements of section 5123.197 of	23375
the Revised Code.	23376

(K) A licensee shall notify the owner of the building in	23377
which the licensee's residential facility is located of any	23378
significant change in the identity of the licensee or management	23379
contractor before the effective date of the change if the licensee	23380
is not the owner of the building.	23381

Pursuant to rules which shall be adopted in accordance with	23382
Chapter 119. of the Revised Code, the director may require	23383
notification to the department of any significant change in the	23384
ownership of a residential facility or in the identity of the	23385
licensee or management contractor. If the director determines that	23386
a significant change of ownership is proposed, the director shall	23387
consider the proposed change to be an application for development	23388
by a new operator pursuant to section 5123.042 of the Revised Code	23389
and shall advise the applicant within sixty days of the	23390
notification that the current license shall continue in effect or	23391
a new license will be required pursuant to this section. If the	23392
director requires a new license, the director shall permit the	23393
facility to continue to operate under the current license until	23394
the new license is issued, unless the current license is revoked,	23395
refused to be renewed, or terminated in accordance with Chapter	23396
119. of the Revised Code.	23397

(L) A county board of developmental disabilities and any	23398
interested person may file complaints alleging violations of	23399
statute or department rule relating to residential facilities with	23400
the department. All complaints shall be in writing and shall state	23401
the facts constituting the basis of the allegation. The department	23402
shall not reveal the source of any complaint unless the	23403
complainant agrees in writing to waive the right to	23404
confidentiality or until so ordered by a court of competent	23405
jurisdiction.	23406

The department shall adopt rules in accordance with Chapter	23407
119. of the Revised Code establishing procedures for the receipt,	23408
referral, investigation, and disposition of complaints filed with	23409
the department under this division.	23410

(M) The department shall establish procedures for the	23411
notification of interested parties of the transfer or interim care	23412
of residents from residential facilities that are closing or are	23413
losing their license.	23414

(N) Before issuing a license under this section to a	23415
residential facility that will accommodate at any time more than	23416
one mentally retarded or developmentally disabled individual, the	23417
director shall, by first class mail, notify the following:	23418

(1) If the facility will be located in a municipal	23419
corporation, the clerk of the legislative authority of the	23420
municipal corporation;	23421

(2) If the facility will be located in unincorporated	23422
territory, the clerk of the appropriate board of county	23423
commissioners and the fiscal officer of the appropriate board of	23424
township trustees.	23425

The director shall not issue the license for ten days after	23426
mailing the notice, excluding Saturdays, Sundays, and legal	23427
holidays, in order to give the notified local officials time in	23428
which to comment on the proposed issuance.	23429

Any legislative authority of a municipal corporation, board	23430
of county commissioners, or board of township trustees that	23431
receives notice under this division of the proposed issuance of a	23432
license for a residential facility may comment on it in writing to	23433
the director within ten days after the director mailed the notice,	23434
excluding Saturdays, Sundays, and legal holidays. If the director	23435
receives written comments from any notified officials within the	23436
specified time, the director shall make written findings	23437
concerning the comments and the director's decision on the	23438
issuance of the license. If the director does not receive written	23439
comments from any notified local officials within the specified	23440
time, the director shall continue the process for issuance of the	23441
license.	23442

(O) Any person may operate a licensed residential facility	23443
that provides room and board, personal care, habilitation	23444
services, and supervision in a family setting for at least six but	23445
not more than eight persons with mental retardation or a	23446
developmental disability as a permitted use in any residential	23447
district or zone, including any single-family residential district	23448
or zone, of any political subdivision. These residential	23449
facilities may be required to comply with area, height, yard, and	23450
architectural compatibility requirements that are uniformly	23451
imposed upon all single-family residences within the district or	23452
zone.	23453

(P) Any person may operate a licensed residential facility	23454
that provides room and board, personal care, habilitation	23455
services, and supervision in a family setting for at least nine	23456
but not more than sixteen persons with mental retardation or a	23457
developmental disability as a permitted use in any multiple-family	23458
residential district or zone of any political subdivision, except	23459
that a political subdivision that has enacted a zoning ordinance	23460
or resolution establishing planned unit development districts may	23461
exclude these residential facilities from those districts, and a	23462
political subdivision that has enacted a zoning ordinance or	23463
resolution may regulate these residential facilities in	23464
multiple-family residential districts or zones as a conditionally	23465
permitted use or special exception, in either case, under	23466
reasonable and specific standards and conditions set out in the	23467
zoning ordinance or resolution to:	23468

(1) Require the architectural design and site layout of the	23469
residential facility and the location, nature, and height of any	23470
walls, screens, and fences to be compatible with adjoining land	23471
uses and the residential character of the neighborhood;	23472

(2) Require compliance with yard, parking, and sign	23473
regulation;	23474

(3) Limit excessive concentration of these residential	23475
facilities.	23476

(Q) This section does not prohibit a political subdivision	23477
from applying to residential facilities nondiscriminatory	23478
regulations requiring compliance with health, fire, and safety	23479
regulations and building standards and regulations.	23480

(R) Divisions (O) and (P) of this section are not applicable	23481
to municipal corporations that had in effect on June 15, 1977, an	23482
ordinance specifically permitting in residential zones licensed	23483
residential facilities by means of permitted uses, conditional	23484
uses, or special exception, so long as such ordinance remains in	23485
effect without any substantive modification.	23486

(S)(1) The director may issue an interim license to operate a	23487
residential facility to an applicant for a license under this	23488
section if either of the following is the case:	23489

(a) The director determines that an emergency exists	23490
requiring immediate placement of persons in a residential	23491
facility, that insufficient licensed beds are available, and that	23492
the residential facility is likely to receive a permanent license	23493
under this section within thirty days after issuance of the	23494
interim license.	23495

(b) The director determines that the issuance of an interim	23496
license is necessary to meet a temporary need for a residential	23497
facility.	23498

(2) To be eligible to receive an interim license, an	23499
applicant must meet the same criteria that must be met to receive	23500
a permanent license under this section, except for any differing	23501
procedures and time frames that may apply to issuance of a	23502
permanent license.	23503

(3) An interim license shall be valid for thirty days and may	23504
be renewed by the director for a period not to exceed one hundred	23505
fifty days.	23506

(4) The director shall adopt rules in accordance with Chapter	23507
119. of the Revised Code as the director considers necessary to	23508
administer the issuance of interim licenses.	23509

(T) Notwithstanding rules adopted pursuant to this section	23510
establishing the maximum number of persons who may be served in a	23511
particular type of residential facility, a residential facility	23512
shall be permitted to serve the same number of persons being	23513
served by the facility on the effective date of the rules or the	23514
number of persons for which the facility is authorized pursuant to	23515
a current application for a certificate of need with a letter of	23516
support from the department of developmental disabilities and	23517
which is in the review process prior to April 4, 1986.	23518

(U) The director ~~or the director's designee~~ may enter at any	23519
time, for purposes of investigation, any home, facility, or other	23520
structure that has been reported to the director or that the	23521
director has reasonable cause to believe is being operated as a	23522
residential facility without a license issued under this section.	23523

The director may petition the court of common pleas of the	23524
county in which an unlicensed residential facility is located for	23525
an order enjoining the person or governmental agency operating the	23526
facility from continuing to operate without a license. The court	23527
may grant the injunction on a showing that the person or	23528
governmental agency named in the petition is operating a	23529
residential facility without a license. The court may grant the	23530
injunction, regardless of whether the residential facility meets	23531
the requirements for receiving a license under this section.	23532

Sec. 5123.191. (A) The court of common pleas or a judge	23533
thereof in the judge's county, or the probate court, may appoint a	23534
receiver to take possession of and operate a residential facility	23535
licensed by the department of developmental disabilities, in	23536
causes pending in such courts respectively, when conditions	23537
existing at the facility present a substantial risk of physical or	23538
mental harm to residents and no other remedies at law are adequate	23539
to protect the health, safety, and welfare of the residents.	23540
Conditions at the facility that may present such risk of harm	23541
include, but are not limited to, instances when any of the	23542
following occur:	23543

(1) The residential facility is in violation of state or	23544
federal law or regulations.	23545

(2) The facility has had its license revoked or procedures	23546
for revocation have been initiated, or the facility is closing or	23547
intends to cease operations.	23548

(3) Arrangements for relocating residents need to be made.

23549

(4) Insolvency of the operator, licensee, or landowner	23550
threatens the operation of the facility.	23551

(5) The facility or operator has demonstrated a pattern and	23552
practice of repeated violations of state or federal laws or	23553
regulations.	23554

(B) A court in which a petition is filed pursuant to this	23555
section shall notify the person holding the license for the	23556
facility and the department of developmental disabilities of the	23557
filing. The court shall order the department to notify the	23558
facility owner, facility operator, county board of developmental	23559
disabilities, facility residents, and residents' parents and	23560
guardians of the filing of the petition.	23561

The court shall provide a hearing on the petition within five	23562
court days of the time it was filed, except that the court may	23563
appoint a receiver prior to that time if it determines that the	23564
circumstances necessitate such action. Following a hearing on the	23565
petition, and upon a determination that the appointment of a	23566
receiver is warranted, the court shall appoint a receiver and	23567
notify the department of developmental disabilities and	23568
appropriate persons of this action.	23569

(C) A residential facility for which a receiver has been	23570
named is deemed to be in compliance with section 5123.19 and	23571
Chapter 3721. of the Revised Code for the duration of the	23572
receivership.	23573

(D) When the operating revenue of a residential facility in	23574
receivership is insufficient to meet its operating expenses,	23575
including the cost of bringing the facility into compliance with	23576
state or federal laws or regulations, the court may order the	23577
state to provide necessary funding, except as provided in division	23578
(K) of this section. The state shall provide such funding, subject	23579
to the approval of the controlling board. The court may also order	23580
the appropriate authorities to expedite all inspections necessary	23581
for the issuance of licenses or the certification of a facility,	23582
and order a facility to be closed if it determines that reasonable	23583
efforts cannot bring the facility into substantial compliance with	23584
the law.	23585

(E) In establishing a receivership, the court shall set forth	23586
the powers and duties of the receiver. The court may generally	23587
authorize the receiver to do all that is prudent and necessary to	23588
safely and efficiently operate the residential facility within the	23589
requirements of state and federal law, but shall require the	23590
receiver to obtain court approval prior to making any single	23591
expenditure of more than five thousand dollars to correct	23592
deficiencies in the structure or furnishings of a facility. The	23593
court shall closely review the conduct of the receiver it has	23594
appointed and shall require regular and detailed reports. The	23595
receivership shall be reviewed at least every sixty days.	23596

(F) A receivership established pursuant to this section shall	23597
be terminated, following notification of the appropriate parties	23598
and a hearing, if the court determines either of the following:	23599

(1) The residential facility has been closed and the former	23600
residents have been relocated to an appropriate facility.	23601

(2) Circumstances no longer exist at the facility that	23602
present a substantial risk of physical or mental harm to	23603
residents, and there is no deficiency in the facility that is	23604
likely to create a future risk of harm.	23605

Notwithstanding division (F)(2) of this section, the court	23606
shall not terminate a receivership for a residential facility that	23607
has previously operated under another receivership unless the	23608
responsibility for the operation of the facility is transferred to	23609
an operator approved by the court and the department of	23610
developmental disabilities.	23611

(G) The department of developmental disabilities may, upon	23612
its own initiative or at the request of an owner, operator, or	23613
resident of a residential facility, or at the request of a	23614
resident's guardian or relative or a county board of developmental	23615
disabilities, petition the court to appoint a receiver to take	23616
possession of and operate a residential facility. When the	23617
department has been requested to file a petition by any of the	23618
parties listed above, it shall, within forty-eight hours of such	23619
request, either file such a petition or notify the requesting	23620
party of its decision not to file. If the department refuses to	23621
file, the requesting party may file a petition with the court	23622
requesting the appointment of a receiver to take possession of and	23623
operate a residential facility.	23624

Petitions filed pursuant to this division shall include the	23625
following:	23626

(1) A description of the specific conditions existing at the	23627
facility which present a substantial risk of physical or mental	23628
harm to residents;	23629

(2) A statement of the absence of other adequate remedies at	23630
law;	23631

(3) The number of individuals residing at the facility;

23632

(4) A statement that the facts have been brought to the	23633
attention of the owner or licensee and that conditions have not	23634
been remedied within a reasonable period of time or that the	23635
conditions, though remedied periodically, habitually exist at the	23636
facility as a pattern or practice;	23637

(5) The name and address of the person holding the license	23638
for the facility and the address of the department of	23639
developmental disabilities.	23640

The court may award to an operator appropriate costs and	23641
expenses, including reasonable attorney's fees, if it determines	23642
that a petitioner has initiated a proceeding in bad faith or	23643
merely for the purpose of harassing or embarrassing the operator.	23644

(H) Except for the department of developmental disabilities	23645
or a county board of developmental disabilities, no party or	23646
person interested in an action shall be appointed a receiver	23647
pursuant to this section.	23648

To assist the court in identifying persons qualified to be	23649
named as receivers, the director of developmental disabilities or	23650
~~the director's designee~~ shall maintain a list of the names of such	23651
persons. The director shall, in accordance with Chapter 119. of	23652
the Revised Code, establish standards for evaluating persons	23653
desiring to be included on such a list.	23654

(I) Before a receiver enters upon the duties of that person,	23655
the receiver must be sworn to perform the duties of receiver	23656
faithfully, and, with surety approved by the court, judge, or	23657
clerk, execute a bond to such person, and in such sum as the court	23658
or judge directs, to the effect that such receiver will faithfully	23659
discharge the duties of receiver in the action, and obey the	23660
orders of the court therein.	23661

(J) Under the control of the appointing court, a receiver may	23662
bring and defend actions in the receiver's own name as receiver	23663
and take and keep possession of property.	23664

The court shall authorize the receiver to do the following:

23665

(1) Collect payment for all goods and services provided to	23666
the residents or others during the period of the receivership at	23667
the same rate as was charged by the licensee at the time the	23668
petition for receivership was filed, unless a different rate is	23669
set by the court;	23670

(2) Honor all leases, mortgages, and secured transactions	23671
governing all buildings, goods, and fixtures of which the receiver	23672
has taken possession and continues to use, subject to the	23673
following conditions:	23674

(a) In the case of a rental agreement, only to the extent of	23675
payments that are for the use of the property during the period of	23676
the receivership;	23677

(b) In the case of a purchase agreement only to the extent of	23678
payments that come due during the period of the receivership.	23679

(3) If transfer of residents is necessary, provide for the	23680
orderly transfer of residents by doing the following:	23681

(a) Cooperating with all appropriate state and local agencies	23682
in carrying out the transfer of residents to alternative community	23683
placements;	23684

(b) Providing for the transportation of residents' belongings	23685
and records;	23686

(c) Helping to locate alternative placements and develop	23687
discharge plans;	23688

(d) Preparing residents for the trauma of discharge;

23689

(e) Permitting residents or guardians to participate in	23690
transfer or discharge planning except when an emergency exists and	23691
immediate transfer is necessary.	23692

(4) Make periodic reports on the status of the residential	23693
program to the appropriate state agency, county board of	23694
developmental disabilities, parents, guardians, and residents;	23695

(5) Compromise demands or claims;

23696

(6) Generally do such acts respecting the residential	23697
facility as the court authorizes.	23698

(K) Neither the receiver nor the department of developmental	23699
disabilities is liable for debts incurred by the owner or operator	23700
of a residential facility for which a receiver has been appointed.	23701

(L) The department of developmental disabilities may contract	23702
for the operation of a residential facility in receivership. The	23703
department shall establish the conditions of a contract.	23704
Notwithstanding any other provision of law, contracts that are	23705
necessary to carry out the powers and duties of the receiver need	23706
not be competitively bid.	23707

(M) The department of developmental disabilities, the	23708
department of job and family services, and the department of	23709
health shall provide technical assistance to any receiver	23710
appointed pursuant to this section.	23711

Sec. 5123.21. The director of developmental disabilities or	23712
~~the director's designee~~ may transfer or authorize the transfer of	23713
an involuntary resident or a consenting voluntary resident from	23714
one public institution to another or to an institution other than	23715
a public institution or other facility, if the director determines	23716
that it would be consistent with the habilitation needs of the	23717
resident to do so.	23718

Before an involuntary resident may be transferred to a more	23719
restrictive setting, the managing officer of the institution shall	23720
file a motion with the court requesting the court to amend its	23721
order of placement issued under section 5123.76 of the Revised	23722
Code. At the resident's request, the court shall hold a hearing on	23723
the motion at which the resident has the same rights as at a full	23724
hearing under section 5123.76 of the Revised Code.	23725

Whenever a resident is transferred, the director shall give	23726
written notice of the transfer to the resident's legal guardian,	23727
parents, spouse, and counsel, or, if none is known, to the	23728
resident's nearest known relative or friend. If the resident is a	23729
minor, the ~~department~~director before making such a transfer shall	23730
make a minute of the order for the transfer and the reason for it	23731
upon its record and shall send a certified copy at least seven	23732
days prior to the transfer to the person shown by its record to	23733
have had the care or custody of the minor immediately prior to the	23734
minor's commitment. Whenever a consenting voluntary resident is	23735
transferred, the notification shall be given only at the	23736
resident's request. The managing officer shall advise a voluntary	23737
resident who is being transferred that the patient may decide if	23738
such a notification shall be given. In all such transfers, due	23739
consideration shall be given to the relationship of the resident	23740
to the resident's family, legal guardian, or friends, so as to	23741
maintain relationships and encourage visits beneficial to the	23742
resident.	23743

Sec. 5123.61. (A) As used in this section:

23744

(1) "Law enforcement agency" means the state highway patrol,	23745
the police department of a municipal corporation, or a county	23746
sheriff.	23747

(2) "Abuse" has the same meaning as in section 5123.50 of the	23748
Revised Code, except that it includes a misappropriation, as	23749
defined in that section.	23750

(3) "Neglect" has the same meaning as in section 5123.50 of	23751
the Revised Code.	23752

(B) The department of developmental disabilities shall	23753
establish a registry office for the purpose of maintaining reports	23754
of abuse, neglect, and other major unusual incidents made to the	23755
department under this section and reports received from county	23756
boards of developmental disabilities under section 5126.31 of the	23757
Revised Code. The department shall establish committees to review	23758
reports of abuse, neglect, and other major unusual incidents.	23759

(C)(1) Any person listed in division (C)(2) of this section,	23760
having reason to believe that a person with mental retardation or	23761
a developmental disability has suffered or faces a substantial	23762
risk of suffering any wound, injury, disability, or condition of	23763
such a nature as to reasonably indicate abuse or neglect of that	23764
person, shall immediately report or cause reports to be made of	23765
such information to the entity specified in this division. Except	23766
as provided in section 5120.173 of the Revised Code or as	23767
otherwise provided in this division, the person making the report	23768
shall make it to a law enforcement agency or to the county board	23769
of developmental disabilities. If the report concerns a resident	23770
of a facility operated by the department of developmental	23771
disabilities the report shall be made either to a law enforcement	23772
agency or to the department. If the report concerns any act or	23773
omission of an employee of a county board of developmental	23774
disabilities, the report immediately shall be made to the	23775
department and to the county board.	23776

(2) All of the following persons are required to make a	23777
report under division (C)(1) of this section:	23778

(a) Any physician, including a hospital intern or resident,	23779
any dentist, podiatrist, chiropractor, practitioner of a limited	23780
branch of medicine as specified in section 4731.15 of the Revised	23781
Code, hospital administrator or employee of a hospital, nurse	23782
licensed under Chapter 4723. of the Revised Code, employee of an	23783
ambulatory health facility as defined in section 5101.61 of the	23784
Revised Code, employee of a home health agency, employee of a	23785
residential facility licensed under section 5119.34 of the Revised	23786
Code that provides accommodations, supervision, and person care	23787
services for three to sixteen unrelated adults, or employee of a	23788
community mental health facility;	23789

(b) Any school teacher or school authority, social worker,	23790
psychologist, attorney, peace officer, coroner, or residents'	23791
rights advocate as defined in section 3721.10 of the Revised Code;	23792

(c) A superintendent, board member, or employee of a county	23793
board of developmental disabilities; an administrator, board	23794
member, or employee of a residential facility licensed under	23795
section 5123.19 of the Revised Code; an administrator, board	23796
member, or employee of any other public or private provider of	23797
services to a person with mental retardation or a developmental	23798
disability, or any MR/DD employee, as defined in section 5123.50	23799
of the Revised Code;	23800

(d) A member of a citizen's advisory council established at	23801
an institution or branch institution of the department of	23802
developmental disabilities under section 5123.092 of the Revised	23803
Code;	23804

(e) A member of the clergy who is employed in a position that	23805
includes providing specialized services to an individual with	23806
mental retardation or another developmental disability, while	23807
acting in an official or professional capacity in that position,	23808
or a person who is employed in a position that includes providing	23809
specialized services to an individual with mental retardation or	23810
another developmental disability and who, while acting in an	23811
official or professional capacity, renders spiritual treatment	23812
through prayer in accordance with the tenets of an organized	23813
religion.	23814

(3)(a) The reporting requirements of this division do not	23815
apply to employees of the Ohio protection and advocacy system.	23816

(b) An attorney or physician is not required to make a report	23817
pursuant to division (C)(1) of this section concerning any	23818
communication the attorney or physician receives from a client or	23819
patient in an attorney-client or physician-patient relationship,	23820
if, in accordance with division (A) or (B) of section 2317.02 of	23821
the Revised Code, the attorney or physician could not testify with	23822
respect to that communication in a civil or criminal proceeding,	23823
except that the client or patient is deemed to have waived any	23824
testimonial privilege under division (A) or (B) of section 2317.02	23825
of the Revised Code with respect to that communication and the	23826
attorney or physician shall make a report pursuant to division	23827
(C)(1) of this section, if both of the following apply:	23828

(i) The client or patient, at the time of the communication,	23829
is a person with mental retardation or a developmental disability.	23830

(ii) The attorney or physician knows or suspects, as a result	23831
of the communication or any observations made during that	23832
communication, that the client or patient has suffered or faces a	23833
substantial risk of suffering any wound, injury, disability, or	23834
condition of a nature that reasonably indicates abuse or neglect	23835
of the client or patient.	23836

(4) Any person who fails to make a report required under	23837
division (C) of this section and who is an MR/DD employee, as	23838
defined in section 5123.50 of the Revised Code, shall be eligible	23839
to be included in the registry regarding misappropriation, abuse,	23840
neglect, or other specified misconduct by MR/DD employees	23841
established under section 5123.52 of the Revised Code.	23842

(D) The reports required under division (C) of this section	23843
shall be made forthwith by telephone or in person and shall be	23844
followed by a written report. The reports shall contain the	23845
following:	23846

(1) The names and addresses of the person with mental	23847
retardation or a developmental disability and the person's	23848
custodian, if known;	23849

(2) The age of the person with mental retardation or a	23850
developmental disability;	23851

(3) Any other information that would assist in the	23852
investigation of the report.	23853

(E) When a physician performing services as a member of the	23854
staff of a hospital or similar institution has reason to believe	23855
that a person with mental retardation or a developmental	23856
disability has suffered injury, abuse, or physical neglect, the	23857
physician shall notify the person in charge of the institution or	23858
that person's designated delegate, who shall make the necessary	23859
reports.	23860

(F) Any person having reasonable cause to believe that a	23861
person with mental retardation or a developmental disability has	23862
suffered or faces a substantial risk of suffering abuse or neglect	23863
may report or cause a report to be made of that belief to the	23864
entity specified in this division. Except as provided in section	23865
5120.173 of the Revised Code or as otherwise provided in this	23866
division, the person making the report shall make it to a law	23867
enforcement agency or the county board of developmental	23868
disabilities. If the person is a resident of a facility operated	23869
by the department of developmental disabilities, the report shall	23870
be made to a law enforcement agency or to the department. If the	23871
report concerns any act or omission of an employee of a county	23872
board of developmental disabilities, the report immediately shall	23873
be made to the department and to the county board.	23874

(G)(1) Upon the receipt of a report concerning the possible	23875
abuse or neglect of a person with mental retardation or a	23876
developmental disability, the law enforcement agency shall inform	23877
the county board of developmental disabilities or, if the person	23878
is a resident of a facility operated by the department of	23879
developmental disabilities, the ~~director of the~~ department ~~or the~~	23880
~~director's designee~~.	23881

(2) On receipt of a report under this section that includes	23882
an allegation of action or inaction that may constitute a crime	23883
under federal law or the law of this state, the department of	23884
developmental disabilities shall notify the law enforcement	23885
agency.	23886

(3) When a county board of developmental disabilities	23887
receives a report under this section that includes an allegation	23888
of action or inaction that may constitute a crime under federal	23889
law or the law of this state, the superintendent of the board or	23890
an individual the superintendent designates under division (H) of	23891
this section shall notify the law enforcement agency. The	23892
superintendent or individual shall notify the department of	23893
developmental disabilities when it receives any report under this	23894
section.	23895

(4) When a county board of developmental disabilities	23896
receives a report under this section and believes that the degree	23897
of risk to the person is such that the report is an emergency, the	23898
superintendent of the board or an employee of the board the	23899
superintendent designates shall attempt a face-to-face contact	23900
with the person with mental retardation or a developmental	23901
disability who allegedly is the victim within one hour of the	23902
board's receipt of the report.	23903

(H) The superintendent of the board may designate an	23904
individual to be responsible for notifying the law enforcement	23905
agency and the department when the county board receives a report	23906
under this section.	23907

(I) An adult with mental retardation or a developmental	23908
disability about whom a report is made may be removed from the	23909
adult's place of residence only by law enforcement officers who	23910
consider that the adult's immediate removal is essential to	23911
protect the adult from further injury or abuse or in accordance	23912
with the order of a court made pursuant to section 5126.33 of the	23913
Revised Code.	23914

(J) A law enforcement agency shall investigate each report of	23915
abuse or neglect it receives under this section. In addition, the	23916
department, in cooperation with law enforcement officials, shall	23917
investigate each report regarding a resident of a facility	23918
operated by the department to determine the circumstances	23919
surrounding the injury, the cause of the injury, and the person	23920
responsible. The investigation shall be in accordance with the	23921
memorandum of understanding prepared under section 5126.058 of the	23922
Revised Code. The department shall determine, with the registry	23923
office which shall be maintained by the department, whether prior	23924
reports have been made concerning an adult with mental retardation	23925
or a developmental disability or other principals in the case. If	23926
the department finds that the report involves action or inaction	23927
that may constitute a crime under federal law or the law of this	23928
state, it shall submit a report of its investigation, in writing,	23929
to the law enforcement agency. If the person with mental	23930
retardation or a developmental disability is an adult, with the	23931
consent of the adult, the department shall provide such protective	23932
services as are necessary to protect the adult. The law	23933
enforcement agency shall make a written report of its findings to	23934
the department.	23935

If the person is an adult and is not a resident of a facility	23936
operated by the department, the county board of developmental	23937
disabilities shall review the report of abuse or neglect in	23938
accordance with sections 5126.30 to 5126.33 of the Revised Code	23939
and the law enforcement agency shall make the written report of	23940
its findings to the county board.	23941

(K) Any person or any hospital, institution, school, health	23942
department, or agency participating in the making of reports	23943
pursuant to this section, any person participating as a witness in	23944
an administrative or judicial proceeding resulting from the	23945
reports, or any person or governmental entity that discharges	23946
responsibilities under sections 5126.31 to 5126.33 of the Revised	23947
Code shall be immune from any civil or criminal liability that	23948
might otherwise be incurred or imposed as a result of such actions	23949
except liability for perjury, unless the person or governmental	23950
entity has acted in bad faith or with malicious purpose.	23951

(L) No employer or any person with the authority to do so	23952
shall discharge, demote, transfer, prepare a negative work	23953
performance evaluation, reduce pay or benefits, terminate work	23954
privileges, or take any other action detrimental to an employee or	23955
retaliate against an employee as a result of the employee's having	23956
made a report under this section. This division does not preclude	23957
an employer or person with authority from taking action with	23958
regard to an employee who has made a report under this section if	23959
there is another reasonable basis for the action.	23960

(M) Reports made under this section are not public records as	23961
defined in section 149.43 of the Revised Code. Information	23962
contained in the reports on request shall be made available to the	23963
person who is the subject of the report, to the person's legal	23964
counsel, and to agencies authorized to receive information in the	23965
report by the department or by a county board of developmental	23966
disabilities.	23967

(N) Notwithstanding section 4731.22 of the Revised Code, the	23968
physician-patient privilege shall not be a ground for excluding	23969
evidence regarding the injuries or physical neglect of a person	23970
with mental retardation or a developmental disability or the cause	23971
thereof in any judicial proceeding resulting from a report	23972
submitted pursuant to this section.	23973

Sec. 5123.75. A respondent who is involuntarily placed in an	23974
institution or other place as designated in section 5123.77 of the	23975
Revised Code or with respect to whom proceedings have been	23976
instituted under section 5123.71 of the Revised Code shall, on	23977
request of the respondent, the respondent's guardian, or the	23978
respondent's counsel, or upon the court's own motion, be afforded	23979
a hearing to determine whether there is probable cause to believe	23980
that the respondent is a mentally retarded person subject to	23981
institutionalization by court order.	23982

(A) The probable cause hearing shall be conducted within two	23983
court days from the day on which the request is made. Failure to	23984
conduct the probable cause hearing within this time shall effect	23985
an immediate discharge of the respondent. If the proceedings are	23986
not reinstituted within thirty days, records of the proceedings	23987
shall be expunged.	23988

(B) The respondent shall be informed that the respondent may	23989
retain counsel and have independent expert evaluation and, if the	23990
respondent is an indigent person, be represented by court	23991
appointed counsel and have independent expert evaluation at court	23992
expense.	23993

(C) The probable cause hearing shall be conducted in a manner	23994
consistent with the procedures set forth in division (A) of	23995
section 5123.76 of the Revised Code, except divisions (A)(10) and	23996
(14) of that section, and the designee of the director of	23997
developmental disabilities under section 5123.72 of the Revised	23998
Code shall present evidence for the state.	23999

(D) If the court does not find probable cause to believe that	24000
the respondent is a mentally retarded person subject to	24001
institutionalization by court order, it shall order immediate	24002
release of the respondent and dismiss and expunge all record of	24003
the proceedings under this chapter.	24004

(E) On motion of the respondent or the respondent's counsel	24005
and for good cause shown, the court may order a continuance of the	24006
hearing.	24007

(F) If the court finds probable cause to believe that the	24008
respondent is a mentally retarded person subject to	24009
institutionalization by court order, the court may issue an	24010
interim order of placement and, where proceedings under section	24011
5123.71 of the Revised Code have been instituted, shall order a	24012
full hearing as provided in section 5123.76 of the Revised Code to	24013
be held on the question of whether the respondent is a mentally	24014
retarded person subject to institutionalization by court order.	24015
Unless specifically waived by the respondent or the respondent's	24016
counsel, the court shall schedule said hearing to be held as soon	24017
as possible within ten days from the probable cause hearing. A	24018
waiver of such full hearing at this point shall not preclude the	24019
respondent from asserting the respondent's right to such hearing	24020
under section 5123.76 of the Revised Code at any time prior to the	24021
mandatory hearing provided in division (H) of section 5123.76 of	24022
the Revised Code. In any case, if the respondent has waived the	24023
right to the full hearing, a mandatory hearing shall be held under	24024
division (H) of section 5123.76 of the Revised Code between the	24025
ninetieth and the one hundredth day after the original involuntary	24026
detention of the person unless the respondent has been discharged.	24027

(G) Whenever possible, the probable cause hearing shall be	24028
held before the respondent is taken into custody.	24029

Sec. 5123.76. (A) The full hearing shall be conducted in a	24030
manner consistent with the procedures outlined in this chapter and	24031
with due process of law. The hearing shall be held by a judge of	24032
the probate division or, upon transfer by the judge of the probate	24033
division, by another judge of the court of common pleas, or a	24034
referee designated by the judge of the probate division. Any	24035
referee designated by the judge of the probate division must be an	24036
attorney.	24037

(1) The following shall be made available to counsel for the	24038
respondent:	24039

(a) All relevant documents, information, and evidence in the	24040
custody or control of the state or prosecutor;	24041

(b) All relevant documents, information, and evidence in the	24042
custody or control of the institution, facility, or program in	24043
which the respondent currently is held or in which the respondent	24044
has been held pursuant to these proceedings;	24045

(c) With the consent of the respondent, all relevant	24046
documents, information, and evidence in the custody or control of	24047
any institution or person other than the state.	24048

(2) The respondent has the right to be represented by counsel	24049
of the respondent's choice and has the right to attend the hearing	24050
except if unusual circumstances of compelling medical necessity	24051
exist that render the respondent unable to attend and the	24052
respondent has not expressed a desire to attend.	24053

(3) If the respondent is not represented by counsel and the	24054
court determines that the conditions specified in division (A)(2)	24055
of this section justify the respondent's absence and the right to	24056
counsel has not been validly waived, the court shall appoint	24057
counsel forthwith to represent the respondent at the hearing,	24058
reserving the right to tax costs of appointed counsel to the	24059
respondent unless it is shown that the respondent is indigent. If	24060
the court appoints counsel, or if the court determines that the	24061
evidence relevant to the respondent's absence does not justify the	24062
absence, the court shall continue the case.	24063

(4) The respondent shall be informed of the right to retain	24064
counsel, to have independent expert evaluation, and, if an	24065
indigent person, to be represented by court appointed counsel and	24066
have expert independent evaluation at court expense.	24067

(5) The hearing may be closed to the public unless counsel	24068
for the respondent requests that the hearing be open to the	24069
public.	24070

(6) Unless objected to by the respondent, the respondent's	24071
counsel, or the designee of the director of developmental	24072
disabilities under section 5123.72 of the Revised Code, the court,	24073
for good cause shown, may admit persons having a legitimate	24074
interest in the proceedings.	24075

(7) The affiant under section 5123.71 of the Revised Code	24076
shall be subject to subpoena by either party.	24077

(8) The court shall examine the sufficiency of all documents	24078
filed and shall inform the respondent, if present, and the	24079
respondent's counsel of the nature of the content of the documents	24080
and the reason for which the respondent is being held or for which	24081
the respondent's placement is being sought.	24082

(9) The court shall receive only relevant, competent, and	24083
material evidence.	24084

(10) ~~The~~In accordance with section 5123.72 of the Revised	24085
Code, the designee of the director shall present the evidence for	24086
the state. In proceedings under this chapter, the attorney general	24087
shall present the comprehensive evaluation, assessment, diagnosis,	24088
prognosis, record of habilitation and care, if any, and less	24089
restrictive habilitation plans, if any. The attorney general does	24090
not have a similar presentation responsibility in connection with	24091
a person who has been found not guilty by reason of insanity and	24092
who is the subject of a hearing under section 2945.40 of the	24093
Revised Code to determine whether the person is a mentally	24094
retarded person subject to institutionalization by court order.	24095

(11) The respondent has the right to testify and the	24096
respondent or the respondent's counsel has the right to subpoena	24097
witnesses and documents and to present and cross-examine	24098
witnesses.	24099

(12) The respondent shall not be compelled to testify and	24100
shall be so advised by the court.	24101

(13) On motion of the respondent or the respondent's counsel	24102
for good cause shown, or upon the court's own motion, the court	24103
may order a continuance of the hearing.	24104

(14) To an extent not inconsistent with this chapter, the	24105
Rules of Civil Procedure shall be applicable.	24106

(B) Unless, upon completion of the hearing, the court finds	24107
by clear and convincing evidence that the respondent named in the	24108
affidavit is a mentally retarded person subject to	24109
institutionalization by court order, it shall order the	24110
respondent's discharge forthwith.	24111

(C) If, upon completion of the hearing, the court finds by	24112
clear and convincing evidence that the respondent is a mentally	24113
retarded person subject to institutionalization by court order,	24114
the court may order the respondent's discharge or order the	24115
respondent, for a period not to exceed ninety days, to any of the	24116
following:	24117

(1) A public institution, provided that commitment of the	24118
respondent to the institution will not cause the institution to	24119
exceed its licensed capacity determined in accordance with section	24120
5123.19 of the Revised Code and provided that such a placement is	24121
indicated by the comprehensive evaluation report filed pursuant to	24122
section 5123.71 of the Revised Code;	24123

(2) A private institution;

24124

(3) A county mental retardation program;

24125

(4) Receive private habilitation and care;

24126

(5) Any other suitable facility, program, or the care of any	24127
person consistent with the comprehensive evaluation, assessment,	24128
diagnosis, prognosis, and habilitation needs of the respondent.	24129

(D) Any order made pursuant to division (C)(2), (4), or (5)	24130
of this section shall be conditional upon the receipt by the court	24131
of consent by the facility, program, or person to accept the	24132
respondent.	24133

(E) In determining the place to which, or the person with	24134
whom, the respondent is to be committed, the court shall consider	24135
the comprehensive evaluation, assessment, diagnosis, and projected	24136
habilitation plan for the respondent, and shall order the	24137
implementation of the least restrictive alternative available and	24138
consistent with habilitation goals.	24139

(F) If, at any time it is determined by the director of the	24140
facility or program to which, or the person to whom, the	24141
respondent is committed that the respondent could be equally well	24142
habilitated in a less restrictive environment that is available,	24143
the following shall occur:	24144

(1) The respondent shall be released by the director of the	24145
facility or program or by the person forthwith and referred to the	24146
court together with a report of the findings and recommendations	24147
of the facility, program, or person.	24148

(2) The director of the facility or program or the person	24149
shall notify the respondent's counsel and the designee of the	24150
director of developmental disabilities.	24151

(3) The court shall dismiss the case or order placement in	24152
the less restrictive environment.	24153

(G)(1) Except as provided in divisions (G)(2) and (3) of this	24154
section, any person who has been committed under this section may	24155
apply at any time during the ninety-day period for voluntary	24156
admission to an institution under section 5123.69 of the Revised	24157
Code. Upon admission of a voluntary resident, the managing officer	24158
immediately shall notify the court, the respondent's counsel, and	24159
the designee of the director in writing of that fact by mail or	24160
otherwise, and, upon receipt of the notice, the court shall	24161
dismiss the case.	24162

(2) A person who is found incompetent to stand trial or not	24163
guilty by reason of insanity and who is committed pursuant to	24164
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	24165
Code shall not be voluntarily admitted to an institution pursuant	24166
to division (G)(1) of this section until after the termination of	24167
the commitment, as described in division (J) of section 2945.401	24168
of the Revised Code.	24169

(H) If, at the end of any commitment period, the respondent	24170
has not already been discharged or has not requested voluntary	24171
admission status, the director of the facility or program, or the	24172
person to whose care the respondent has been committed, shall	24173
discharge the respondent forthwith, unless at least ten days	24174
before the expiration of that period the designee of the director	24175
of developmental disabilities or the prosecutor files an	24176
application with the court requesting continued commitment.	24177

(1) An application for continued commitment shall include a	24178
written report containing a current comprehensive evaluation and	24179
assessment, a diagnosis, a prognosis, an account of progress and	24180
past habilitation, and a description of alternative habilitation	24181
settings and plans, including a habilitation setting that is the	24182
least restrictive setting consistent with the need for	24183
habilitation. A copy of the application shall be provided to	24184
respondent's counsel. The requirements for notice under section	24185
5123.73 of the Revised Code and the provisions of divisions (A) to	24186
(E) of this section apply to all hearings on such applications.	24187

(2) A hearing on the first application for continued	24188
commitment shall be held at the expiration of the first ninety-day	24189
period. The hearing shall be mandatory and may not be waived.	24190

(3) Subsequent periods of commitment not to exceed one	24191
hundred eighty days each may be ordered by the court if the	24192
designee of the director of developmental disabilities files an	24193
application for continued commitment, after a hearing is held on	24194
the application or without a hearing if no hearing is requested	24195
and no hearing required under division (H)(4) of this section is	24196
waived. Upon the application of a person involuntarily committed	24197
under this section, supported by an affidavit of a licensed	24198
physician alleging that the person is no longer a mentally	24199
retarded person subject to institutionalization by court order,	24200
the court for good cause shown may hold a full hearing on the	24201
person's continued commitment prior to the expiration of any	24202
subsequent period of commitment set by the court.	24203

(4) A mandatory hearing shall be held at least every two	24204
years after the initial commitment.	24205

(5) If the court, after a hearing upon a request to continue	24206
commitment, finds that the respondent is a mentally retarded	24207
person subject to institutionalization by court order, the court	24208
may make an order pursuant to divisions (C), (D), and (E) of this	24209
section.	24210

(I) Notwithstanding the provisions of division (H) of this	24211
section, no person who is found to be a mentally retarded person	24212
subject to institutionalization by court order pursuant to	24213
division (O)(2) of section 5123.01 of the Revised Code shall be	24214
held under involuntary commitment for more than five years.	24215

(J) The managing officer admitting a person pursuant to a	24216
judicial proceeding, within ten working days of the admission,	24217
shall make a report of the admission to the department.	24218

Sec. 5123.89. (A) As used in this section:

24219

(1) "Family" means a parent, brother, sister, spouse, son,	24220
daughter, grandparent, aunt, uncle, or cousin.	24221

(2) "Payment" means activities undertaken by a service	24222
provider or government entity to obtain or provide reimbursement	24223
for services provided to a person.	24224

(3) "Treatment" means the provision of services to a person,	24225
including the coordination or management of services provided to	24226
the person.	24227

(B) All certificates, applications, records, and reports made	24228
for the purpose of this chapter, other than court journal entries	24229
or court docket entries, which directly or indirectly identify a	24230
resident or former resident of an institution for the mentally	24231
retarded or person whose institutionalization has been sought	24232
under this chapter shall be kept confidential and shall not be	24233
disclosed by any person except in the following situations:	24234

(1) It is the judgment of the court for judicial records, and	24235
the managing officer for institution records, that disclosure is	24236
in the best interest of the person identified, and that person or	24237
that person's guardian or, if that person is a minor, that	24238
person's parent or guardian consents.	24239

(2) Disclosure is provided for in other sections of this	24240
chapter.	24241

(3) It is the judgment of the managing officer for	24242
institution records that disclosure to a mental health facility is	24243
in the best interest of the person identified.	24244

(4) Disclosure is of a record deposited with the Ohio	24245
historical society pursuant to division (C) of section 5123.31 of	24246
the Revised Code and the disclosure is made to the closest living	24247
relative of the person identified, on the relative's request.	24248

~~(B)~~(5) Disclosure is needed for the treatment of a person who	24249
is a resident or former resident of an institution for the	24250
mentally retarded or a person whose institutionalization has been	24251
sought under this chapter or is needed for the payment of services	24252
provided to the person.	24253

(C) The department of developmental disabilities shall adopt	24254
rules with respect to the systematic and periodic destruction of	24255
residents' records.	24256

~~(C)(1) As used in this division, "family" means a parent,~~	24257
~~brother, sister, spouse, son, daughter, grandparent, aunt, uncle,~~	24258
~~or cousin.~~	24259

~~(2)~~(D) Upon the death of a resident or former resident of an	24260
institution for the mentally retarded or a person whose	24261
institutionalization was sought under this chapter, the managing	24262
officer of an institution shall provide access to the	24263
certificates, applications, records, and reports made for the	24264
purposes of this chapter to the resident's, former resident's, or	24265
person's guardian if the guardian makes a written request. If a	24266
deceased resident, former resident, or person whose	24267
institutionalization was sought under this chapter did not have a	24268
guardian at the time of death, the managing officer shall provide	24269
access to the certificates, applications, records, and reports	24270
made for purposes of this chapter to a member of the person's	24271
family, upon that family member's written request.	24272

~~(D)~~(E) No person shall reveal the contents of a record of a	24273
resident except as authorized by this chapter.	24274

Sec. 5124.01. As used in this chapter:

24275

(A) "Affiliated operator" means an operator affiliated with	24276
either of the following:	24277

(1) The exiting operator for whom the affiliated operator is	24278
to assume liability for the entire amount of the exiting	24279
operator's debt under the medicaid program or the portion of the	24280
debt that represents the franchise permit fee the exiting operator	24281
owes;	24282

(2) The entering operator involved in the change of operator	24283
with the exiting operator specified in division (A)(1) of this	24284
section.	24285

(B) "Allowable costs" means an ICF/IID's costs that the	24286
department of developmental disabilities determines are	24287
reasonable. Fines paid under section 5124.99 of the Revised Code	24288
are not allowable costs.	24289

(C) "Capital costs" means an ICF/IID's costs of ownership and	24290
costs of nonextensive renovation.	24291

(D) "Case-mix score" means the measure determined under	24292
section 5124.192 of the Revised Code of the relative direct-care	24293
resources needed to provide care and habilitation to an ICF/IID	24294
resident.	24295

(E) "Change of operator" means an entering operator becoming	24296
the operator of an ICF/IID in the place of the exiting operator.	24297

(1) Actions that constitute a change of operator include the	24298
following:	24299

(a) A change in an exiting operator's form of legal	24300
organization, including the formation of a partnership or	24301
corporation from a sole proprietorship;	24302

(b) A transfer of all the exiting operator's ownership	24303
interest in the operation of the ICF/IID to the entering operator,	24304
regardless of whether ownership of any or all of the real property	24305
or personal property associated with the ICF/IID is also	24306
transferred;	24307

(c) A lease of the ICF/IID to the entering operator or the	24308
exiting operator's termination of the exiting operator's lease;	24309

(d) If the exiting operator is a partnership, dissolution of	24310
the partnership;	24311

(e) If the exiting operator is a partnership, a change in	24312
composition of the partnership unless both of the following apply:	24313

(i) The change in composition does not cause the	24314
partnership's dissolution under state law.	24315

(ii) The partners agree that the change in composition does	24316
not constitute a change in operator.	24317

(f) If the operator is a corporation, dissolution of the	24318
corporation, a merger of the corporation into another corporation	24319
that is the survivor of the merger, or a consolidation of one or	24320
more other corporations to form a new corporation.	24321

(2) The following, alone, do not constitute a change of	24322
operator:	24323

(a) A contract for an entity to manage an ICF/IID as the	24324
operator's agent, subject to the operator's approval of daily	24325
operating and management decisions;	24326

(b) A change of ownership, lease, or termination of a lease	24327
of real property or personal property associated with an ICF/IID	24328
if an entering operator does not become the operator in place of	24329
an exiting operator;	24330

(c) If the operator is a corporation, a change of one or more	24331
members of the corporation's governing body or transfer of	24332
ownership of one or more shares of the corporation's stock, if the	24333
same corporation continues to be the operator.	24334

(F) "Cost center" means the following:

24335

(1) Capital costs;

24336

(2) Direct care costs;

24337

(3) Indirect care costs;

24338

(4) Other protected costs.

24339

(G) "Costs of nonextensive renovations" means the actual	24340
expense incurred by an ICF/IID for depreciation or amortization	24341
and interest on renovations that are not extensive renovations.	24342

(H)(1) "Costs of ownership" means the actual expenses	24343
incurred by an ICF/IID for all of the following:	24344

(a) Subject to division (H)(2) of this section, depreciation	24345
and interest on any capital assets that cost five hundred dollars	24346
or more per item, including the following:	24347

(i) Buildings;

24348

(ii) Building improvements that are not approved as	24349
nonextensive renovations under section 5124.17 of the Revised	24350
Code;	24351

(iii) Equipment;

24352

(iv) Extensive renovations;

24353

(v) Transportation equipment.

24354

(b) Amortization and interest on land improvements and	24355
leasehold improvements;	24356

24357

(d) Except as provided in division (Z) of this section, lease	24358
and rent of land, building, and equipment.	24359

(2) The costs of capital assets of less than five hundred	24360
dollars per item may be considered costs of ownership in	24361
accordance with an ICF/IID provider's practice.	24362

(I)(1) "Date of licensure" means the following:

24363

(a) In the case of an ICF/IID that was originally licensed as	24364
a nursing home under Chapter 3721. of the Revised Code, the date	24365
that it was originally so licensed, regardless that it was	24366
subsequently licensed as a residential facility under section	24367
5123.19 of the Revised Code;	24368

(b) In the case of an ICF/IID that was originally licensed as	24369
a residential facility under section 5123.19 of the Revised Code,	24370
the date it was originally so licensed;	24371

(c) In the case of an ICF/IID that was not required by law to	24372
be licensed as a nursing home or residential facility when it was	24373
originally operated as a residential facility, the date it first	24374
was operated as a residential facility, regardless of the date the	24375
ICF/IID was first licensed as a nursing home or residential	24376
facility.	24377

(2) If, after an ICF/IID's original date of licensure, more	24378
residential facility beds are added to the ICF/IID or all or part	24379
of the ICF/IID undergoes an extensive renovation, the ICF/IID has	24380
a different date of licensure for the additional beds or	24381
extensively renovated portion of the ICF/IID. This does not apply,	24382
however, to additional beds when both of the following apply:	24383

(a) The additional beds are located in a part of the ICF/IID	24384
that was constructed at the same time as the continuing beds	24385
already located in that part of the ICF/IID;.	24386

(b) The part of the ICF/IID in which the additional beds are	24387
located was constructed as part of the ICF/IID at a time when the	24388
ICF/IID was not required by law to be licensed as a nursing home	24389
or residential facility.	24390

(3) The definition of "date of licensure" in this section	24391
applies in determinations of ICFs/IID's medicaid payment rates but	24392
does not apply in determinations of ICFs/IID's franchise permit	24393
fees under sections 5168.60 to 5168.71 of the Revised Code.	24394

(J) "Desk-reviewed" means that an ICF/IID's costs as reported	24395
on a cost report filed under section 5124.10 or 5124.101 of the	24396
Revised Code have been subjected to a desk review under section	24397
5124.108 of the Revised Code and preliminarily determined to be	24398
allowable costs.	24399

(K) "Developmental center" means a residential facility that	24400
is maintained and operated by the department of developmental	24401
disabilities.	24402

(L) "Direct care costs" means all of the following costs	24403
incurred by an ICF/IID:	24404

(1) Costs for registered nurses, licensed practical nurses,	24405
and nurse aides employed by the ICF/IID;	24406

(2) Costs for direct care staff, administrative nursing	24407
staff, medical directors, respiratory therapists, physical	24408
therapists, physical therapy assistants, occupational therapists,	24409
occupational therapy assistants, speech therapists, audiologists,	24410
habilitation staff (including habilitation supervisors), qualified	24411
intellectual disability professionals, program directors, social	24412
services staff, activities staff, off-site day programming,	24413
psychologists, psychology assistants, social workers, counselors,	24414
and other persons holding degrees qualifying them to provide	24415
therapy;	24416

(3) Costs of purchased nursing services;

24417

(4) Costs of training and staff development, employee	24418
benefits, payroll taxes, and workers' compensation premiums or	24419
costs for self-insurance claims and related costs as specified in	24420
rules adopted under section 5124.03 of the Revised Code, for	24421
personnel listed in divisions (L)(1), (2), and (3) of this	24422
section;	24423

(5) Costs of quality assurance;

24424

(6) Costs of consulting and management fees related to direct	24425
care;	24426

(7) Allocated direct care home office costs;

24427

(8) Costs of other direct-care resources that are specified	24428
as direct care costs in rules adopted under section 5124.03 of the	24429
Revised Code.	24430

(M) "Downsized ICF/IID" means an ICF/IID that permanently	24431
reduced its medicaid-certified capacity pursuant to a plan	24432
approved by the department of developmental disabilities under	24433
section 5123.042 of the Revised Code.	24434

(N) "Effective date of a change of operator" means the day	24435
the entering operator becomes the operator of the ICF/IID.	24436

(O) "Effective date of a facility closure" means the last day	24437
that the last of the residents of the ICF/IID resides in the	24438
ICF/IID.	24439

(P) "Effective date of an involuntary termination" means the	24440
date the department of medicaid terminates the operator's provider	24441
agreement for the ICF/IID or the last day that such a provider	24442
agreement is in effect when the department cancels or refuses to	24443
revalidate it.	24444

(Q) "Effective date of a voluntary termination" means the day	24445
the ICF/IID ceases to accept medicaid recipients.	24446

(R) "Entering operator" means the person or government entity	24447
that will become the operator of an ICF/IID when a change of	24448
operator occurs or following an involuntary termination.	24449

(S) "Exiting operator" means any of the following:

24450

(1) An operator that will cease to be the operator of an	24451
ICF/IID on the effective date of a change of operator;	24452

(2) An operator that will cease to be the operator of an	24453
ICF/IID on the effective date of a facility closure;	24454

(3) An operator of an ICF/IID that is undergoing or has	24455
undergone a voluntary termination;	24456

(4) An operator of an ICF/IID that is undergoing or has	24457
undergone an involuntary termination.	24458

(T)(1) "Extensive renovation" means the following:

24459

(a) An ICF/IID's betterment, improvement, or restoration to	24460
which both of the following apply:	24461

(i) It was started before July 1, 1993;.

24462

(ii) It meets the definition of "extensive renovation"	24463
established in rules that were adopted by the director of job and	24464
family services and in effect on December 22, 1992.	24465

(b) An ICF/IID's betterment, improvement, or restoration to	24466
which all of the following apply:	24467

(i) It was started on or after July 1, 1993;.

24468

(ii) Except as provided in division (T)(2) of this section,	24469
it costs more than sixty-five per cent and not more than	24470
eighty-five per cent of the cost of constructing a new bed;.	24471

(iii) It extends the useful life of the assets for at least	24472
ten years.	24473

(2) The department of developmental disabilities may treat a	24474
renovation that costs more than eighty-five per cent of the cost	24475
of constructing new beds as an extensive renovation if the	24476
department determines that the renovation is more prudent than	24477
construction of new beds.	24478

(3) For the purpose of division (T)(1)(b)(ii) of this	24479
section, the cost of constructing a new bed shall be considered to	24480
be forty thousand dollars, adjusted for the estimated rate of	24481
inflation from January 1, 1993, to the end of the calendar year	24482
during which the extensive renovation is completed, using the	24483
consumer price index for shelter costs for all urban consumers for	24484
the north central region, as published by the United States bureau	24485
of labor statistics.	24486

(U)(1) Subject to divisions (U)(2) and (3) of this section,	24487
"facility closure" means either of the following:	24488

(a) Discontinuance of the use of the building, or part of the	24489
building, that houses the facility as an ICF/IID that results in	24490
the relocation of all of the facility's residents;	24491

(b) Conversion of the building, or part of the building, that	24492
houses an ICF/IID to a different use with any necessary license or	24493
other approval needed for that use being obtained and one or more	24494
of the facility's residents remaining in the facility to receive	24495
services under the new use.	24496

(2) A facility closure occurs regardless of any of the	24497
following:	24498

(a) The operator completely or partially replacing the	24499
ICF/IID by constructing a new ICF/IID or transferring the	24500
ICF/IID's license to another ICF/IID;	24501

(b) The ICF/IID's residents relocating to another of the	24502
operator's ICFs/IID;	24503

(c) Any action the department of health takes regarding the	24504
ICF/IID's medicaid certification that may result in the transfer	24505
of part of the ICF/IID's survey findings to another of the	24506
operator's ICFs/IID;	24507

(d) Any action the department of developmental disabilities	24508
takes regarding the ICF/IID's license under section 5123.19 of the	24509
Revised Code.	24510

(3) A facility closure does not occur if all of the ICF/IID's	24511
residents are relocated due to an emergency evacuation and one or	24512
more of the residents return to a medicaid-certified bed in the	24513
ICF/IID not later than thirty days after the evacuation occurs.	24514

(V) "Fiscal year" means the fiscal year of this state, as	24515
specified in section 9.34 of the Revised Code.	24516

(W) "Franchise permit fee" means the fee imposed by sections	24517
5168.60 to 5168.71 of the Revised Code.	24518

(X) "Home and community-based services" has the same meaning	24519
as in section 5123.01 of the Revised Code.	24520

(Y) "ICF/IID services" has the same meaning as in 42 C.F.R.	24521
440.150.	24522

(Z)(1) "Indirect care costs" means all reasonable costs	24523
incurred by an ICF/IID other than capital costs, direct care	24524
costs, and other protected costs. "Indirect care costs" includes	24525
costs of habilitation supplies, pharmacy consultants, medical and	24526
habilitation records, program supplies, incontinence supplies,	24527
food, enterals, dietary supplies and personnel, laundry,	24528
housekeeping, security, administration, liability insurance,	24529
bookkeeping, purchasing department, human resources,	24530
communications, travel, dues, license fees, subscriptions, home	24531
office costs not otherwise allocated, legal services, accounting	24532
services, minor equipment, maintenance and repair expenses,	24533
help-wanted advertising, informational advertising, start-up	24534
costs, organizational expenses, other interest, property	24535
insurance, employee training and staff development, employee	24536
benefits, payroll taxes, and workers' compensation premiums or	24537
costs for self-insurance claims and related costs, as specified in	24538
rules adopted under section 5124.03 of the Revised Code, for	24539
personnel listed in this division. Notwithstanding division (H) of	24540
this section, "indirect care costs" also means the cost of	24541
equipment, including vehicles, acquired by operating lease	24542
executed before December 1, 1992, if the costs are reported as	24543
administrative and general costs on the ICF/IID's cost report for	24544
the cost reporting period ending December 31, 1992.	24545

(2) For the purpose of division (Z)(1) of this section, an	24546
operating lease shall be construed in accordance with generally	24547
accepted accounting principles.	24548

(AA) "Inpatient days" means both of the following:

24549

(1) All days during which a resident, regardless of payment	24550
source, occupies a bed in an ICF/IID that is included in the	24551
ICF/IID's medicaid-certified capacity;	24552

(2) All days for which payment is made under section 5124.34	24553
of the Revised Code.	24554

(BB) "Intermediate care facility for individuals with	24555
intellectual disabilities" and "ICF/IID" mean an intermediate care	24556
facility for the mentally retarded as defined in the "Social	24557
Security Act," section 1905(d), 42 U.S.C. 1396d(d).	24558

(CC) "Involuntary termination" means the department of	24559
medicaid's termination of, cancellation of, or refusal to	24560
revalidate the operator's provider agreement for the ICF/IID when	24561
such action is not taken at the operator's request.	24562

(DD) "Maintenance and repair expenses" means, except as	24563
provided in division ~~(TT)~~(WW)(2)(b) of this section, expenditures	24564
that are necessary and proper to maintain an asset in a normally	24565
efficient working condition and that do not extend the useful life	24566
of the asset two years or more. "Maintenance and repair expenses"	24567
includes the costs of ordinary repairs such as painting and	24568
wallpapering.	24569

(EE) "Medicaid-certified capacity" means the number of an	24570
ICF/IID's beds that are certified for participation in medicaid as	24571
ICF/IID beds.	24572

(FF) "Medicaid days" means both of the following:

24573

(1) All days during which a resident who is a medicaid	24574
recipient eligible for ICF/IID services occupies a bed in an	24575
ICF/IID that is included in the ICF/IID's medicaid-certified	24576
capacity;	24577

(2) All days for which payment is made under section 5124.34	24578
of the Revised Code.	24579

(GG)(1) "New ICF/IID" means an ICF/IID for which the provider	24580
obtains an initial provider agreement following the director of	24581
health's medicaid certification of the ICF/IID, including such an	24582
ICF/IID that replaces one or more ICFs/IID for which a provider	24583
previously held a provider agreement.	24584

(2) "New ICF/IID" does not mean either of the following:

24585

(a) An ICF/IID for which the entering operator seeks a	24586
provider agreement pursuant to section 5124.511 or 5124.512 or	24587
(pursuant to section 5124.515) section 5124.07 of the Revised	24588
Code;	24589

(b) A downsized ICF/IID or partially converted ICF/IID.

24590

(HH) "Nursing home" has the same meaning as in section	24591
3721.01 of the Revised Code.	24592

(II) "Operator" means the person or government entity	24593
responsible for the daily operating and management decisions for	24594
an ICF/IID.	24595

(JJ) "Other protected costs" means costs incurred by an	24596
ICF/IID for medical supplies; real estate, franchise, and property	24597
taxes; natural gas, fuel oil, water, electricity, sewage, and	24598
refuse and hazardous medical waste collection; allocated other	24599
protected home office costs; and any additional costs defined as	24600
other protected costs in rules adopted under section 5124.03 of	24601
the Revised Code.	24602

(KK)(1) "Owner" means any person or government entity that	24603
has at least five per cent ownership or interest, either directly,	24604
indirectly, or in any combination, in any of the following	24605
regarding an ICF/IID:	24606

(a) The land on which the ICF/IID is located;

24607

(b) The structure in which the ICF/IID is located;

24608

(c) Any mortgage, contract for deed, or other obligation	24609
secured in whole or in part by the land or structure on or in	24610
which the ICF/IID is located;	24611

(d) Any lease or sublease of the land or structure on or in	24612
which the ICF/IID is located.	24613

(2) "Owner" does not mean a holder of a debenture or bond	24614
related to an ICF/IID and purchased at public issue or a regulated	24615
lender that has made a loan related to the ICF/IID unless the	24616
holder or lender operates the ICF/IID directly or through a	24617
subsidiary.	24618

(LL) "Partially converted ICF/IID" means an ICF/IID that	24619
converted some, but not all, of its beds to providing home and	24620
community-based services under the individual options waiver	24621
pursuant to section 5124.60 or 5124.61 of the Revised Code.	24622

(MM) "Peer group 1" means each ICF/IID with a	24623
medicaid-certified capacity exceeding eight.	24624

(NN) "Peer group 2" means each ICF/IID with a	24625
medicaid-certified capacity not exceeding eight, other than an	24626
ICF/IID that is in peer group 3.	24627

(OO) "Peer group 3" means each ICF/IID to which all of the	24628
following apply:	24629

(1) The ICF/IID is first certified as an ICF/IID after July	24630
1, 2014;	24631

(2) The ICF/IID has a medicaid-certified capacity not	24632
exceeding six;	24633

(3) The ICF/IID has a contract with the department of	24634
developmental disabilities that is for fifteen years and includes	24635
a provision for the department to approve all admissions to, and	24636
discharges from, the ICF/IID;	24637

(4) The ICF/IID's residents are admitted to the ICF/IID	24638
directly from a developmental center or have been determined by	24639
the department to be at risk of admission to a developmental	24640
center.	24641

(PP)(1) Except as provided in divisions ~~(MM)~~(PP)(2) and (3)	24642
of this section, "per diem" means an ICF/IID's desk-reviewed,	24643
actual, allowable costs in a given cost center in a cost reporting	24644
period, divided by the facility's inpatient days for that cost	24645
reporting period.	24646

(2) When determining capital costs for the purpose of section	24647
5124.17 of the Revised Code, "per diem" means an ICF/IID's actual,	24648
allowable capital costs in a ~~cost-reporting~~cost reporting period	24649
divided by the greater of the facility's inpatient days for that	24650
period or the number of inpatient days the ICF/IID would have had	24651
during that period if its occupancy rate had been ninety-five per	24652
cent.	24653

(3) When determining indirect care costs for the purpose of	24654
section 5124.21 of the Revised Code, "per diem" means an ICF/IID's	24655
actual, allowable indirect care costs in a ~~cost-reporting~~cost	24656
reporting period divided by the greater of the ICF/IID's inpatient	24657
days for that period or the number of inpatient days the ICF/IID	24658
would have had during that period if its occupancy rate had been	24659
eighty-five per cent.	24660

~~(NN)~~(QQ) "Provider" means an operator with a valid provider	24661
agreement.	24662

~~(OO)~~(RR) "Provider agreement" means a provider agreement, as	24663
defined in section 5164.01 of the Revised Code, that is between	24664
the department of medicaid and the operator of an ICF/IID for the	24665
provision of ICF/IID services under the medicaid program.	24666

~~(PP)~~(SS) "Purchased nursing services" means services that are	24667
provided in an ICF/IID by registered nurses, licensed practical	24668
nurses, or nurse aides who are not employees of the ICF/IID.	24669

~~(QQ)~~(TT) "Reasonable" means that a cost is an actual cost	24670
that is appropriate and helpful to develop and maintain the	24671
operation of resident care facilities and activities, including	24672
normal standby costs, and that does not exceed what a prudent	24673
buyer pays for a given item or services. Reasonable costs may vary	24674
from provider to provider and from time to time for the same	24675
provider.	24676

~~(RR)~~(UU) "Related party" means an individual or organization	24677
that, to a significant extent, has common ownership with, is	24678
associated or affiliated with, has control of, or is controlled	24679
by, a provider.	24680

(1) An individual who is a relative of an owner is a related	24681
party.	24682

(2) Common ownership exists when an individual or individuals	24683
possess significant ownership or equity in both the provider and	24684
the other organization. Significant ownership or equity exists	24685
when an individual or individuals possess five per cent ownership	24686
or equity in both the provider and a supplier. Significant	24687
ownership or equity is presumed to exist when an individual or	24688
individuals possess ten per cent ownership or equity in both the	24689
provider and another organization from which the provider	24690
purchases or leases real property.	24691

(3) Control exists when an individual or organization has the	24692
power, directly or indirectly, to significantly influence or	24693
direct the actions or policies of an organization.	24694

(4) An individual or organization that supplies goods or	24695
services to a provider shall not be considered a related party if	24696
all of the following conditions are met:	24697

(a) The supplier is a separate bona fide organization.

24698

(b) A substantial part of the supplier's business activity of	24699
the type carried on with the provider is transacted with others	24700
than the provider and there is an open, competitive market for the	24701
types of goods or services the supplier furnishes.	24702

(c) The types of goods or services are commonly obtained by	24703
other ICFs/IID from outside organizations and are not a basic	24704
element of resident care ordinarily furnished directly to	24705
residents by the ICFs/IID.	24706

(d) The charge to the provider is in line with the charge for	24707
the goods or services in the open market and no more than the	24708
charge made under comparable circumstances to others by the	24709
supplier.	24710

~~(SS)~~(VV) "Relative of owner" means an individual who is	24711
related to an owner of an ICF/IID by one of the following	24712
relationships:	24713

(1) Spouse;

24714

(2) Natural parent, child, or sibling;

24715

(3) Adopted parent, child, or sibling;

24716

(4) Stepparent, stepchild, stepbrother, or stepsister;

24717

(5) Father-in-law, mother-in-law, son-in-law,	24718
daughter-in-law, brother-in-law, or sister-in-law;	24719

(6) Grandparent or grandchild;

24720

(7) Foster caregiver, foster child, foster brother, or foster	24721
sister.	24722

~~(TT)~~(WW)(1) "Renovation" means the following:

24723

(a) An ICF/IID's betterment, improvement, or restoration to	24724
which both of the following apply:	24725

(i) It was started before July 1, 1993;.

24726

(ii) It meets the definition of "renovation" established in	24727
rules that were adopted by the director of job and family services	24728
and in effect on December 22, 1992.	24729

(b) An ICF/IID's betterment, improvement, or restoration to	24730
which both of the following apply:	24731

(i) It was started on or after July 1, 1993;.

24732

(ii) It betters, improves, or restores the ICF/IID beyond its	24733
current functional capacity through a structural change that costs	24734
at least five hundred dollars per bed.	24735

(2) A renovation started on or after July 1, 1993, may	24736
include both of the following:	24737

(a) A betterment, improvement, restoration, or replacement of	24738
assets that are affixed to a building and have a useful life of at	24739
least five years;	24740

(b) Costs that otherwise would be considered maintenance and	24741
repair expenses if they are an integral part of the structural	24742
change that makes up the renovation project.	24743

(3) "Renovation" does not mean construction of additional	24744
space for beds that will be added to an ICF/IID's licensed	24745
capacity or medicaid-certified capacity.	24746

~~(UU)~~(XX) "Residential facility" has the same meaning as in	24747
section 5123.19 of the Revised Code.	24748

~~(VV)~~(YY) "Sponsor" means an adult relative, friend, or	24749
guardian of an ICF/IID resident who has an interest or	24750
responsibility in the resident's welfare.	24751

~~(WW)~~(ZZ) "Title XIX" means Title XIX of the "Social Security	24752
Act," 42 U.S.C. 1396, et seq.	24753

~~(XX)~~(AAA) "Title XVIII" means Title XVIII of the "Social	24754
Security Act," 42 U.S.C. 1395, et seq.	24755

~~(YY)~~(BBB) "Voluntary termination" means an operator's	24756
voluntary election to terminate the participation of an ICF/IID in	24757
the medicaid program but to continue to provide service of the	24758
type provided by a residential facility as defined in section	24759
5123.19 of the Revised Code.	24760

Sec. 5124.101. (A) The provider of an ICF/IID in peer group 1	24761
or peer group 2 that becomes a downsized ICF/IID or partially	24762
converted ICF/IID on or after July 1, 2013, or becomes a new	24763
ICF/IID on or after that date, may file with the department of	24764
developmental disabilities a cost report covering the period	24765
specified in division (B) of this section if the following applies	24766
to the ICF/IID:	24767

(1) In the case of an ICF/IID that becomes a downsized	24768
ICF/IID or partially converted ICF/IID, the ICF/IID has either of	24769
the following on the day it becomes a downsized ICF/IID or	24770
partially converted ICF/IID:	24771

(a) A medicaid-certified capacity that is at least ten per	24772
cent less than its medicaid-certified capacity on the day	24773
immediately preceding the day it becomes a downsized ICF/IID or	24774
partially converted ICF/IID;	24775

(b) At least five fewer beds certified as ICF/IID beds than	24776
it has on the day immediately preceding the day it becomes a	24777
downsized ICF/IID or partially converted ICF/IID.	24778

(2) In the case of a new ICF/IID, the ICF/IID's beds are from	24779
a downsized ICF/IID and the downsized ICF/IID has either of the	24780
following on the day it becomes a downsized ICF/IID:	24781

(a) A medicaid-certified capacity that is at least ten per	24782
cent less than its medicaid-certified capacity on the day	24783
immediately preceding the day it becomes a downsized ICF/IID;	24784

(b) At least five fewer beds certified as ICF/IID beds than	24785
it has on the day immediately preceding the day it becomes a	24786
downsized ICF/IID.	24787

(B) A cost report filed under division (A) of this section	24788
shall cover the period that begins and ends as follows:	24789

(1) In the case of an ICF/IID that becomes a downsized	24790
ICF/IID or partially converted ICF/IID:	24791

(a) The period begins with the day that the ICF/IID becomes a	24792
downsized ICF/IID or partially converted ICF/IID.	24793

(b) The period ends on the last day of the last month of the	24794
first three full months of operation as a downsized ICF/IID or	24795
partially converted ICF/IID.	24796

(2) In the case of a new ICF/IID:

24797

(a) The period begins with the day that the provider	24798
agreement for the ICF/IID takes effect.	24799

(b) The period ends on the last day of the last month of the	24800
first three full months that the provider agreement is in effect.	24801

(C) The department shall refuse to accept a cost report filed	24802
under division (A) of this section if either of the following	24803
apply:	24804

(1) Except as provided in division (E) of section 5124.10 of	24805
the Revised Code, the provider fails to file the cost report with	24806
the department not later than ninety days after the last day of	24807
the period the cost report covers;	24808

(2) The cost report is incomplete or inadequate.

24809

(D) If the department accepts a cost report filed under	24810
division (A) of this section, the department shall use that cost	24811
report, rather than the cost report that otherwise would be used	24812
pursuant to section 5124.17, 5124.19, 5124.21, or 5124.23 of the	24813
Revised Code, to determine the ICF/IID's medicaid payment rate in	24814
accordance with this chapter for ICF/IID services the ICF/IID	24815
provides during the period that begins and ends as follows:	24816

(1) The period begins on the following:

24817

(a) In the case of an ICF/IID that becomes a downsized	24818
ICF/IID or partially converted ICF/IID:	24819

(i) The day that the ICF/IID becomes a downsized ICF/IID or	24820
partially converted ICF/IID if that day is the first day of a	24821
month;	24822

(ii) The first day of the month immediately following the	24823
month that the ICF/IID becomes a downsized ICF/IID or partially	24824
converted ICF/IID if division (D)(1)(a)(i) of this section does	24825
not apply.	24826

(b) In the case of a new ICF/IID, the day that the ICF/IID's	24827
provider agreement takes effect.	24828

(2) The period ends on the last day of the fiscal year that	24829
immediately precedes the fiscal year for which the ICF/IID begins	24830
to be paid a rate determined using a cost report that division (E)	24831
of this section requires be filed in accordance with division (A)	24832
of section 5124.10 of the Revised Code.	24833

(E)(1) If the department accepts a cost report filed under	24834
division (A) of this section for an ICF/IID that becomes a	24835
downsized ICF/IID or partially converted ICF/IID on or before the	24836
first day of October of a calendar year, or for a new ICF/IID that	24837
has a provider agreement that takes effect on or before that date,	24838
the provider also shall file a cost report for the ICF/IID in	24839
accordance with division (A) of section 5124.10 of the Revised	24840
Code for the portion of that calendar year that the ICF/IID	24841
operated as a downsized ICF/IID or partially converted ICF/IID or,	24842
in the case of a new ICF/IID, for the portion that the provider	24843
agreement was in effect.	24844

(2) If the department accepts a cost report filed under	24845
division (A) of this section for an ICF/IID that becomes a	24846
downsized ICF/IID or partially converted ICF/IID after the first	24847
day of October of a calendar year, or for a new ICF/IID that has a	24848
provider agreement that takes effect on or after that date, the	24849
provider is not required to file a cost report for that calendar	24850
year in accordance with division (A) of section 5124.10 of the	24851
Revised Code. The provider shall file a cost report for the	24852
ICF/IID in accordance with division (A) of section 5124.10 of the	24853
Revised Code for the immediately following calendar year.	24854

Sec. 5124.106. (A) If an ICF/IID provider required by	24855
section 5124.10 of the Revised Code to file a cost report for the	24856
ICF/IID fails to file the cost report by the date it is due or the	24857
date, if any, to which the due date is extended pursuant to	24858
division (E) of that section, or files an incomplete or inadequate	24859
report for the ICF/IID under that section, the department of	24860
developmental disabilities shall ~~provide immediate~~do both of the	24861
following:	24862

(1) Give written notice to the provider that the provider	24863
agreement for the ICF/IID will be terminated in thirty days unless	24864
the provider submits a complete and adequate cost report for the	24865
ICF/IID within thirty days~~. During the thirty-day termination~~	24866
~~period or any additional time allowed for an appeal of the~~	24867
~~proposed termination of a provider agreement, the provider shall~~	24868
~~be paid the ICF/IID's then current per medicaid day payment rate,~~	24869
~~minus the dollar amount by which ICFs/IID's per medicaid day~~	24870
~~payment rates are reduced during fiscal year 2013 in accordance~~	24871
~~with division (A)(2) of section 5111.26 of the Revised Code~~	24872
~~(renumbered as section 5165.10 of the Revised Code by H.B. 59 of~~	24873
~~the 130th general assembly) as that section existed on the day~~	24874
~~immediately preceding the effective date of this section. On the~~	24875
~~first day of each July, the department shall adjust the amount of~~	24876
~~the reduction in effect during the previous twelve months to~~	24877
~~reflect the rate of inflation during the preceding twelve months~~;	24878

(2) Reduce the per medicaid day payment rate for the	24879
provider's ICF/IID by the amount specified in division (B) of this	24880
section for the period of time specified in division (C) of this	24881
section.	24882

(B) For the purpose of division (A)(2) of this section, an	24883
ICF/IID's per medicaid day payment rate shall be reduced by the	24884
following amount:	24885

(1) In the case of a reduction made during the period	24886
beginning on the effective date of this amendment and ending on	24887
the first day of the first fiscal year beginning after the	24888
effective date of this amendment, two dollars;	24889

(2) In the case of a reduction made during the first fiscal	24890
year beginning after the effective date of this amendment and each	24891
fiscal year thereafter, the amount of the reduction in effect on	24892
the last day of the fiscal year immediately preceding the fiscal	24893
year in which the reduction is made adjusted by the rate of	24894
inflation during that immediately preceding fiscal year, as shown	24895
in the consumer price index for all items for all urban consumers	24896
for the midwest region, published by the United States bureau of	24897
labor statistics.	24898

(C) The period of time that an ICF/IID's per medicaid day	24899
payment rate is reduced under this section shall begin and end as	24900
follows:	24901

(1) The period shall begin on the following date:

24902

(a) The day immediately following the date the cost report is	24903
due or to which the due date is extended, as applicable, if the	24904
reduction is made because the provider fails to file a cost report	24905
by that date;	24906

(b) The day the department gives the provider written notice	24907
under division (A)(1) of this section of the proposed provider	24908
agreement termination, if the reduction is made because the	24909
provider files an incomplete or inadequate cost report.	24910

(2) The period shall end on the last day of the thirty-day	24911
period specified in the notice given under division (A)(1) of this	24912
section or any additional period allowed for an appeal of the	24913
proposed provider agreement termination.	24914

Sec. 5124.15. (A) Except as otherwise provided by sections	24915
5124.151 to 5124.154 of the Revised Code and ~~division~~divisions	24916
(B) and (C) of this section, the total per medicaid day payment	24917
rate that the department of developmental disabilities shall pay	24918
to an ICF/IID provider for ICF/IID services the provider's ICF/IID	24919
provides during a fiscal year shall equal the sum of all of the	24920
following:	24921

(1) The per medicaid day payment rate for capital costs	24922
determined for the ICF/IID under section 5124.17 of the Revised	24923
Code;	24924

(2) The per medicaid day payment rate for direct care costs	24925
determined for the ICF/IID under section 5124.19 of the Revised	24926
Code;	24927

(3) The per medicaid day payment rate for indirect care costs	24928
determined for the ICF/IID under section 5124.21 of the Revised	24929
Code;	24930

(4) The per medicaid day payment rate for other protected	24931
costs determined for the ICF/IID under section 5124.23 of the	24932
Revised Code.	24933

(B) The total per medicaid day payment rate for an ICF/IID in	24934
peer group 3 shall not exceed the average total per medicaid day	24935
payment rate in effect on July 1, 2013, for developmental centers.	24936

(C) The department shall adjust the total rate otherwise	24937
determined under division (A) of this section as directed by the	24938
general assembly through the enactment of law governing medicaid	24939
payments to ICF/IID providers.	24940

~~(C)~~(D) In addition to paying an ICF/IID provider the total	24941
rate determined for the provider's ICF/IID under divisions (A)	24942
~~and~~, (B), and (C) of this section for a fiscal year, the	24943
department, in accordance with section 5124.25 of the Revised	24944
Code, may pay the provider a rate add-on for pediatric	24945
ventilator-dependent outlier ICF/IID services if the rate add-on	24946
is to be paid under that section and the department approves the	24947
provider's application for the rate add-on. The rate add-on is not	24948
to be part of the ICF/IID's total rate.	24949

Sec. 5124.151. (A) The total per medicaid day payment rate	24950
determined under section 5124.15 of the Revised Code shall not be	24951
the initial rate for ICF/IID services provided by a new ICF/IID.	24952
Instead, the initial total per medicaid day payment rate for	24953
ICF/IID services provided by a new ICF/IID shall be determined in	24954
accordance with this section.	24955

(B) The initial total medicaid day payment rate for ICF/IID	24956
services provided by a new ICF/IID in peer group 1 or peer group 2	24957
shall be determined in the following manner:	24958

(1) The initial rate for capital costs shall be determined	24959
under section 5124.17 of the Revised Code using the greater of the	24960
new ICF/IID's actual inpatient days or an imputed occupancy rate	24961
of eighty per cent.	24962

(2) The initial rate for direct care costs shall be	24963
determined as follows:	24964

(a) If there are no cost or resident assessment data for the	24965
new ICF/IID as necessary to determine a rate under section 5124.19	24966
of the Revised Code, the rate shall be determined as follows:	24967

(i) Determine the median cost per case-mix unit under	24968
division (B) of section 5124.19 of the Revised Code for the new	24969
ICF/IID's peer group for the calendar year immediately preceding	24970
the fiscal year in which the rate will be paid;	24971

(ii) Multiply the amount determined under division	24972
~~(A)~~(B)(2)(a)(i) of this section by the median annual average	24973
case-mix score for the new ICF/IID's peer group for that period;	24974

(iii) Adjust the product determined under division	24975
~~(A)~~(B)(2)(a)(ii) of this section by the rate of inflation	24976
estimated under division (D) of section 5124.19 of the Revised	24977
Code.	24978

(b) If the new ICF/IID is a replacement ICF/IID and the	24979
ICF/IID or ICFs/IID that are being replaced are in operation	24980
immediately before the new ICF/IID opens, the rate shall be the	24981
same as the rate for the replaced ICF/IID or ICFs/IID,	24982
proportionate to the number of ICF/IID beds in each replaced	24983
ICF/IID.	24984

(c) If the new ICF/IID is a replacement ICF/IID and the	24985
ICF/IID or ICFs/IID that are being replaced are not in operation	24986
immediately before the new ICF/IID opens, the rate shall be	24987
determined under division ~~(A)~~(B)(2)(a) of this section.	24988

(3) The initial rate for indirect care costs shall be the	24989
maximum rate for the new ICF/IID's peer group as determined for	24990
the fiscal year in accordance with division (C) of section 5124.21	24991
of the Revised Code.	24992

(4) The initial rate for other protected costs shall be one	24993
hundred fifteen per cent of the median rate for ICFs/IID	24994
determined for the fiscal year under section 5124.23 of the	24995
Revised Code.	24996

~~(B)~~(C) The initial total medicaid day payment rate for	24997
ICF/IID services provided by a new ICF/IID in peer group 3 shall	24998
be determined in the following manner:	24999

(1) The initial rate for capital costs shall be $29.61.

25000

(2) The initial rate for direct care costs shall be $264.89.

25001

(3) The initial rate for indirect care costs shall be $59.85.

25002

(4) The initial rate for other protected costs shall be	25003
$25.99.	25004

(D)(1) Except as provided in division ~~(B)~~(D)(2) of this	25005
section, the department shall adjust a new ICF/IID's initial total	25006
per medicaid day payment rate determined under this section	25007
effective the first day of July, to reflect new rate	25008
determinations for all ICFs/IID under this chapter.	25009

(2) If the department accepts, under division (A) of section	25010
5124.101 of the Revised Code, a cost report filed by the provider	25011
of a new ICF/IID, the department shall adjust the ICF/IID's	25012
initial total per medicaid day payment rate in accordance with	25013
divisions (D) and (E) of that section rather than division	25014
~~(B)~~(D)(1) of this section.	25015

Sec. 5124.17. (A) For each fiscal year, the department of	25016
developmental disabilities shall determine each ICF/IID's per	25017
medicaid day payment rate for reasonable capital costs. Except as	25018
otherwise provided in this chapter, an ICF/IID's rate shall be	25019
determined prospectively and based on the ICF/IID's capital costs	25020
for the calendar year preceding the fiscal year in which the rate	25021
will be paid. Subject to section 5124.28 of the Revised Code, an	25022
ICF/IID's rate shall equal the sum of the following:	25023

(1) The ICF/IID's desk-reviewed, actual, allowable, per diem	25024
costs of ownership for the immediately preceding cost reporting	25025
period, limited as provided in divisions (B) ~~and~~, (C), and (D) of	25026
this section;	25027

(2) The ICF/IID's per medicaid day payment for the ICF/IID's	25028
per diem capitalized costs of nonextensive renovations determined	25029
under division ~~(D)~~(E)(1) of this section if the ICF/IID qualifies	25030
for a payment for such costs as specified in division ~~(D)~~(E)(2) of	25031
this section;	25032

(3) The ICF/IID's per medicaid day efficiency incentive	25033
determined under division ~~(E)~~(F) of this section;	25034

~~(4) Until fiscal year 2015, the ICF/IID's return on net~~	25035
~~equity determined under division (F) of this section~~.	25036

(B) The costs of ownership per diem payment rates for	25037
ICFs/IID ~~with more than eight beds~~in peer group 1 shall not	25038
exceed the following limits as adjusted for inflation in	25039
accordance with division (G) of this section:	25040

(1) For ICFs/IID with dates of licensure prior to January 1,	25041
l958, not exceeding two dollars and fifty cents;	25042

(2) For ICFs/IID with dates of licensure after December 31,	25043
l957, but prior to January 1, l968, not exceeding:	25044

(a) Three dollars and fifty cents if the cost of construction	25045
was three thousand five hundred dollars or more per bed;	25046

(b) Two dollars and fifty cents if the cost of construction	25047
was less than three thousand five hundred dollars per bed.	25048

(3) For ICFs/IID with dates of licensure after December 31,	25049
l967, but prior to January 1, l976, not exceeding:	25050

(a) Four dollars and fifty cents if the cost of construction	25051
was five thousand one hundred fifty dollars or more per bed;	25052

(b) Three dollars and fifty cents if the cost of construction	25053
was less than five thousand one hundred fifty dollars per bed, but	25054
exceeds three thousand five hundred dollars per bed;	25055

(c) Two dollars and fifty cents if the cost of construction	25056
was three thousand five hundred dollars or less per bed.	25057

(4) For ICFs/IID with dates of licensure after December 31,	25058
l975, but prior to January 1, l979, not exceeding:	25059

(a) Five dollars and fifty cents if the cost of construction	25060
was six thousand eight hundred dollars or more per bed;	25061

(b) Four dollars and fifty cents if the cost of construction	25062
was less than six thousand eight hundred dollars per bed but	25063
exceeds five thousand one hundred fifty dollars per bed;	25064

(c) Three dollars and fifty cents if the cost of construction	25065
was five thousand one hundred fifty dollars or less per bed, but	25066
exceeds three thousand five hundred dollars per bed;	25067

(d) Two dollars and fifty cents if the cost of construction	25068
was three thousand five hundred dollars or less per bed.	25069

(5) For ICFs/IID with dates of licensure after December 31,	25070
l978, but prior to January 1, l980, not exceeding:	25071

(a) Six dollars if the cost of construction was seven	25072
thousand six hundred twenty-five dollars or more per bed;	25073

(b) Five dollars and fifty cents if the cost of construction	25074
was less than seven thousand six hundred twenty-five dollars per	25075
bed but exceeds six thousand eight hundred dollars per bed;	25076

(c) Four dollars and fifty cents if the cost of construction	25077
was six thousand eight hundred dollars or less per bed but exceeds	25078
five thousand one hundred fifty dollars per bed;	25079

(d) Three dollars and fifty cents if the cost of construction	25080
was five thousand one hundred fifty dollars or less but exceeds	25081
three thousand five hundred dollars per bed;	25082

(e) Two dollars and fifty cents if the cost of construction	25083
was three thousand five hundred dollars or less per bed.	25084

(6) For ICFs/IID with dates of licensure after December 31,	25085
1979, but prior to January 1, 1981, not exceeding:	25086

(a) Twelve dollars if the beds were originally licensed as	25087
residential facility beds by the department of developmental	25088
disabilities;	25089

(b) Six dollars if the beds were originally licensed as	25090
nursing home beds by the department of health.	25091

(7) For ICFs/IID with dates of licensure after December 31,	25092
1980, but prior to January 1, 1982, not exceeding:	25093

(a) Twelve dollars if the beds were originally licensed as	25094
residential facility beds by the department of developmental	25095
disabilities;	25096

(b) Six dollars and forty-five cents if the beds were	25097
originally licensed as nursing home beds by the department of	25098
health.	25099

(8) For ICFs/IID with dates of licensure after December 31,	25100
1981, but prior to January 1, 1983, not exceeding:	25101

(a) Twelve dollars if the beds were originally licensed as	25102
residential facility beds by the department of developmental	25103
disabilities;	25104

(b) Six dollars and seventy-nine cents if the beds were	25105
originally licensed as nursing home beds by the department of	25106
health.	25107

(9) For ICFs/IID with dates of licensure after December 31,	25108
1982, but prior to January 1, 1984, not exceeding:	25109

(a) Twelve dollars if the beds were originally licensed as	25110
residential facility beds by the department of developmental	25111
disabilities;	25112

(b) Seven dollars and nine cents if the beds were originally	25113
licensed as nursing home beds by the department of health.	25114

(10) For ICFs/IID with dates of licensure after December 31,	25115
1983, but prior to January 1, 1985, not exceeding:	25116

(a) Twelve dollars and twenty-four cents if the beds were	25117
originally licensed as residential facility beds by the department	25118
of developmental disabilities;	25119

(b) Seven dollars and twenty-three cents if the beds were	25120
originally licensed as nursing home beds by the department of	25121
health.	25122

(11) For ICFs/IID with dates of licensure after December 31,	25123
1984, but prior to January 1, 1986, not exceeding:	25124

(a) Twelve dollars and fifty-three cents if the beds were	25125
originally licensed as residential facility beds by the department	25126
of developmental disabilities;	25127

(b) Seven dollars and forty cents if the beds were originally	25128
licensed as nursing home beds by the department of health.	25129

(12) For ICFs/IID with dates of licensure after December 31,	25130
1985, but prior to January 1, 1987, not exceeding:	25131

(a) Twelve dollars and seventy cents if the beds were	25132
originally licensed as residential facility beds by the department	25133
of developmental disabilities;	25134

(b) Seven dollars and fifty cents if the beds were originally	25135
licensed as nursing home beds by the department of health.	25136

(13) For ICFs/IID with dates of licensure after December 31,	25137
1986, but prior to January 1, 1988, not exceeding:	25138

(a) Twelve dollars and ninety-nine cents if the beds were	25139
originally licensed as residential facility beds by the department	25140
of developmental disabilities;	25141

(b) Seven dollars and sixty-seven cents if the beds were	25142
originally licensed as nursing home beds by the department of	25143
health.	25144

(14) For ICFs/IID with dates of licensure after December 31,	25145
1987, but prior to January 1, 1989, not exceeding thirteen dollars	25146
and twenty-six cents;	25147

(15) For ICFs/IID with dates of licensure after December 31,	25148
1988, but prior to January 1, 1990, not exceeding thirteen dollars	25149
and forty-six cents;	25150

(16) For ICFs/IID with dates of licensure after December 31,	25151
1989, but prior to January 1, 1991, not exceeding thirteen dollars	25152
and sixty cents;	25153

(17) For ICFs/IID with dates of licensure after December 31,	25154
1990, but prior to January 1, 1992, not exceeding thirteen dollars	25155
and forty-nine cents;	25156

(18) For ICFs/IID with dates of licensure after December 31,	25157
1991, but prior to January 1, 1993, not exceeding thirteen dollars	25158
and sixty-seven cents;	25159

(19) For ICFs/IID with dates of licensure after December 31,	25160
1992, not exceeding fourteen dollars and twenty-eight cents.	25161

(C)(1) The costs of ownership per diem payment rate for an	25162
ICF/IID ~~with eight or fewer beds~~in peer group 2 shall not exceed	25163
the following limits:	25164

(a) Eighteen dollars and thirty cents as adjusted for	25165
inflation pursuant to division (C)(2) of this section if any of	25166
the following apply to the ICF/IID:	25167

(i) The ICF/IID has a date of licensure, or was granted	25168
project authorization by the department of developmental	25169
disabilities, before July 1, 1993.	25170

(ii) The ICF/IID has a date of licensure, or was granted	25171
project authorization by the department, on or after July 1, 1993,	25172
and the provider demonstrates that the provider made substantial	25173
commitments of funds for the ICF/IID before that date.	25174

(iii) The ICF/IID has a date of licensure, or was granted	25175
project authorization by the department, on or after July 1, 1993,	25176
the provider made no substantial commitment of funds for the	25177
ICF/IID before that date, and the department of job and family	25178
services or department of developmental disabilities gave prior	25179
approval for the ICF/IID's construction.	25180

(b) If division (C)(1)(a) of this section does not apply to	25181
the ICF/IID, the amount that would apply to the ICF/IID under	25182
division (B) of this section if it ~~had more than eight beds~~were	25183
in peer group 1.	25184

(2) The eighteen-dollar and thirty-cent payment rate	25185
specified in division (C)(1)(a) of this section shall be increased	25186
as follows:	25187

(a) For the period beginning June 30, 1990, and ending July	25188
1, 1993, by the change in the "Dodge building cost indexes,	25189
northeastern and north central states," published by Marshall and	25190
Swift;	25191

(b) For each fiscal year thereafter, in accordance with	25192
division (G) of this section.	25193

(D) The costs of ownership per diem payment rate for an	25194
ICF/IID in peer group 3 shall not exceed the amount that is used	25195
for the purpose of division (C)(1)(a) of this section and is in	25196
effect on July 1, 2014. That rate shall be increased each fiscal	25197
year that begins after the effective date of this section in	25198
accordance with division (G) of this section.	25199

(E)(1) Beginning January 1, 1981, regardless of the original	25200
date of licensure, the payment rate for the per diem capitalized	25201
costs of nonextensive renovations made after January 1, l981, to a	25202
qualifying ICF/IID, shall not exceed six dollars per medicaid day	25203
using 1980 as the base year and adjusting the amount annually	25204
until June 30, 1993, for fluctuations in construction costs	25205
calculated by the department using the "Dodge building cost	25206
indexes, northeastern and north central states," published by	25207
Marshall and Swift. The payment rate shall be further adjusted in	25208
accordance with division (G) of this section. The payment provided	25209
for in this division is the only payment that shall be made for an	25210
ICF/IID's capitalized costs of nonextensive renovations. Costs of	25211
nonextensive renovations shall not be included in costs of	25212
ownership and shall not affect the date of licensure for purposes	25213
of division (B) or (C) of this section. This division applies to	25214
nonextensive renovations regardless of whether they are made by an	25215
owner or a lessee. If the tenancy of a lessee that has made	25216
nonextensive renovations ends before the depreciation expense for	25217
the costs of nonextensive renovations has been fully reported, the	25218
former lessee shall not report the undepreciated balance as an	25219
expense.	25220

(2) An ICF/IID qualifies for a payment for costs of	25221
nonextensive renovations if all of the following apply:	25222

(a) Either of the following applies:

25223

(i) The ICF/IID ~~has more than eight beds~~is in peer group 1	25224
and either the department approved the nonextensive renovation	25225
before July 1, 2013, or the nonextensive renovation is part of a	25226
project that results in the ICF/IID becoming a downsized ICF/IID	25227
or partially converted ICF/IID.	25228

(ii) The ICF/IID ~~has eight or fewer beds~~is in peer group 2	25229
or peer group 3.	25230

(b) At least five years have elapsed since the ICF/IID's date	25231
of licensure or date of an extensive renovation of the portion of	25232
the ICF/IID that is proposed to be nonextensively renovated,	25233
unless the nonextensive renovation is necessary to meet the	25234
requirements of federal, state, or local statutes, ordinances,	25235
rules, or policies.	25236

25237

(i) Submits to the department a plan that describes in detail	25238
the changes in capital assets to be accomplished by means of the	25239
nonextensive renovation and the timetable for completing the	25240
project, which shall be not more than eighteen months after the	25241
nonextensive renovation begins;	25242

(ii) Obtains prior approval from the department for the	25243
nonextensive renovation.	25244

(3) The director of developmental disabilities shall adopt	25245
rules under section 5124.03 of the Revised Code that specify	25246
criteria and procedures for prior approval of nonextensive	25247
renovation and extensive renovation projects. No provider shall	25248
separate a project with the intent to evade the characterization	25249
of the project as a nonextensive renovation or as an extensive	25250
renovation. No provider shall increase the scope of a project	25251
after it is approved by the department unless the increase in	25252
scope is approved by the department.	25253

~~(E)~~(F)(1) Subject to division ~~(E)~~(F)(2) of this section, an	25254
ICF/IID's per medicaid day efficiency incentive payment rate shall	25255
equal the following percentage of the difference between the	25256
ICF/IID's desk-reviewed, actual, allowable per diem costs of	25257
ownership and the applicable limit on costs of ownership payment	25258
rates established by division (B) of this section:	25259

(a) In the case of an ICF/IID ~~with more than eight beds~~in	25260
peer group 1, the following percentage:	25261

(i) ~~Fifty per cent for fiscal year 2014;~~

25262

~~(ii)~~ Fifty per cent ~~for fiscal year 2015 and each fiscal year~~	25263
~~thereafter~~ if the provider of the ICF/IID obtains the department's	25264
approval to become a downsized ICF/IID and the approval is	25265
conditioned on the downsizing being completed not later than July	25266
1, 2018;	25267

~~(iii)~~(ii) Twenty-five per cent if division (F)(1)(a)(i) of	25268
this section does not apply;	25269

(b) In the case of an ICF/IID ~~with eight or fewer beds~~in	25270
peer group 2 or peer group 3, fifty per cent.	25271

(2) The efficiency incentive payment rate for an ICF/IID ~~with~~	25272
~~eight or fewer beds~~in peer group 2 or peer group 3 shall not	25273
exceed three dollars per medicaid day, adjusted annually in	25274
accordance with division (G) of this section. For the purpose of	25275
determining an ICF/IID's efficiency incentive payment rate, both	25276
of the following apply:	25277

(a) Depreciation for costs paid or reimbursed by any	25278
government agency shall be considered as a cost of ownership;	25279

(b) The applicable limit under division (B) of this section	25280
shall apply ~~both~~ to all ICFs/IID ~~with more than eight beds and~~	25281
~~ICFs/IID with eight or fewer beds~~regardless of which peer group	25282
they are in.	25283

~~(F) An ICF/IID's return on net equity shall be determined at~~	25284
~~the rate of one and one-half times the average of interest rates~~	25285
~~on special issues of public debt obligations issued to the federal~~	25286
~~hospital insurance trust fund for the cost reporting period. In~~	25287
~~determining an ICF/IID's rate for return on net equity, the~~	25288
~~department shall use the greater of the ICF/IID's inpatient days~~	25289
~~during the applicable cost reporting period or the number of~~	25290
~~inpatient days the ICF/IID would have had during that period if~~	25291
~~the ICF/IID's occupancy rate had been ninety-five per cent. No~~	25292
~~ICF/IID's rate for return on net equity shall exceed one dollar~~	25293
~~per medicaid day. No ICF/IID's rate for capital costs shall~~	25294
~~include a rate for return on net equity beginning July 1, 2014.~~	25295

(G) The amounts specified in divisions (B), (C), (D), ~~and~~	25296
(E), and (F) of this section shall be adjusted beginning ~~July 1,~~	25297
~~1993,~~on the first day of each fiscal year for the estimated	25298
inflation rate for the twelve-month period beginning on the first	25299
day of July of the calendar year immediately preceding the	25300
calendar year that immediately precedes the fiscal year for which	25301
rate will be paid and ending on the thirtieth day of the following	25302
June, using the consumer price index for shelter costs for all	25303
urban consumers for the midwest region, as published by the United	25304
States bureau of labor statistics.	25305

(H) Notwithstanding divisions (C) and ~~(D)~~(E) of this section,	25306
the total payment rate for costs of ownership, capitalized costs	25307
of nonextensive renovations, and the efficiency incentive for an	25308
ICF/IID ~~with eight or fewer beds~~in peer group 2 shall not exceed	25309
the sum of the limitations specified in divisions (C) and ~~(D)~~(E)	25310
of this section. Notwithstanding divisions (D) and (E) of this	25311
section, the total payment rate for costs of ownership,	25312
capitalized costs of nonextensive renovations, and the efficiency	25313
incentive for an ICF/IID in peer group 3 shall not exceed the sum	25314
of the limitations specified in divisions (D) and (E) of this	25315
section.	25316

~~(H)~~

25317

(I)(1) For the purpose of determining ICFs/IID's medicaid	25318
payment rates for capital costs:	25319

(a) Buildings shall be depreciated using the straight line	25320
method over forty years or over a different period approved by the	25321
department.	25322

(b) Components and equipment shall be depreciated using the	25323
straight line method over a period designated by the director of	25324
developmental disabilities in rules adopted under section 5124.03	25325
of the Revised Code, consistent with the guidelines of the	25326
American hospital association, or over a different period approved	25327
by the department.	25328

(2) Any rules authorized by division (I)(1) of this section	25329
that specify useful lives of buildings, components, or equipment	25330
apply only to assets acquired on or after July 1, 1993.	25331
Depreciation for costs paid or reimbursed by any government agency	25332
shall not be included in costs of ownership or costs of	25333
nonextensive renovations unless that part of the payment under	25334
this chapter is used to reimburse the government agency.	25335

(J)(1) Except as provided in division (J)(2) of this section,	25336
if a provider leases or transfers an interest in an ICF/IID to	25337
another provider who is a related party, the related party's	25338
allowable costs of ownership shall include the lesser of the	25339
following:	25340

(a) The annual lease expense or actual cost of ownership,	25341
whichever is applicable;	25342

(b) The reasonable cost to the lessor or provider making the	25343
transfer.	25344

(2) If a provider leases or transfers an interest in an	25345
ICF/IID to another provider who is a related party, regardless of	25346
the date of the lease or transfer, the related party's allowable	25347
cost of ownership shall include the annual lease expense or actual	25348
cost of ownership, whichever is applicable, subject to the	25349
limitations specified in divisions (B) to (I) of this section, if	25350
all of the following conditions are met:	25351

(a) The related party is a relative of owner;

25352

(b) In the case of a lease, if the lessor retains any	25353
ownership interest, it is, except as provided in division	25354
(J)(2)(d)(ii) of this section, in only the real property and any	25355
improvements on the real property;	25356

(c) In the case of a transfer, the provider making the	25357
transfer retains, except as provided in division (J)(2)(d)(iv) of	25358
this section, no ownership interest in the ICF/IID;	25359

(d) The department determines that the lease or transfer is	25360
an arm's length transaction pursuant to rules adopted under	25361
section 5124.03 of the Revised Code. The rules shall provide that	25362
a lease or transfer is an arm's length transaction if all of the	25363
following, as applicable, apply:	25364

(i) In the case of a lease, once the lease goes into effect,	25365
the lessor has no direct or indirect interest in the lessee or,	25366
except as provided in division (J)(2)(b) of this section, the	25367
ICF/IID itself, including interest as an owner, officer, director,	25368
employee, independent contractor, or consultant, but excluding	25369
interest as a lessor.	25370

(ii) In the case of a lease, the lessor does not reacquire an	25371
interest in the ICF/IID except through the exercise of a lessor's	25372
rights in the event of a default. If the lessor reacquires an	25373
interest in the ICF/IID in this manner, the department shall treat	25374
the ICF/IID as if the lease never occurred when the department	25375
determines its payment rate for capital costs.	25376

(iii) In the case of a transfer, once the transfer goes into	25377
effect, the provider that made the transfer has no direct or	25378
indirect interest in the provider that acquires the ICF/IID or the	25379
ICF/IID itself, including interest as an owner, officer, director,	25380
employee, independent contractor, or consultant, but excluding	25381
interest as a creditor.	25382

(iv) In the case of a transfer, the provider that made the	25383
transfer does not reacquire an interest in the ICF/IID except	25384
through the exercise of a creditor's rights in the event of a	25385
default. If the provider reacquires an interest in the ICF/IID in	25386
this manner, the department shall treat the ICF/IID as if the	25387
transfer never occurred when the department determines its payment	25388
rate for capital costs.	25389

(v) The lease or transfer satisfies any other criteria	25390
specified in the rules.	25391

(e) Except in the case of hardship caused by a catastrophic	25392
event, as determined by the department, or in the case of a lessor	25393
or provider making the transfer who is at least sixty-five years	25394
of age, not less than twenty years have elapsed since, for the	25395
same ICF/IID, allowable cost of ownership was determined most	25396
recently under this division.	25397

Sec. 5124.19. (A)(1) For each fiscal year, the department of	25398
developmental disabilities shall determine each ICF/IID's per	25399
medicaid day payment rate for direct care costs as follows:	25400

(a) Multiply the lesser of the following by the ICF/IID's	25401
annual average case-mix score determined or assigned under section	25402
5124.192 of the Revised Code for the calendar year immediately	25403
preceding the fiscal year for which the rate will be paid:	25404

(i) The ICF/IID's cost per case-mix unit for the calendar	25405
year immediately preceding the fiscal year for which the rate will	25406
be paid, as determined under division (B) of this section;	25407

(ii) The maximum cost per case-mix unit for the ICF/IID's	25408
peer group for the fiscal year for which the rate will be paid, as	25409
set under division (C) of this section;	25410

(b) Adjust the product determined under division (A)(1)(a) of	25411
this section by the inflation rate estimated under division (D)(1)	25412
of this section and modified under division (D)(2) of this	25413
section.	25414

(2) Except as otherwise directed by law enacted by the	25415
general assembly, the department shall determine each ICF/IID's	25416
rate for direct care costs prospectively.	25417

(B) To determine an ICF/IID's cost per case-mix unit for the	25418
calendar year immediately preceding the fiscal year in which the	25419
rate will be paid, the department shall divide the ICF/IID's	25420
desk-reviewed, actual, allowable, per diem direct care costs for	25421
that calendar year by its annual average case-mix score determined	25422
under section 5124.192 of the Revised Code for the same calendar	25423
year.	25424

(C)(1) For each fiscal year for which a rate will be paid,	25425
the department shall set the maximum cost per case-mix unit for	25426
~~each peer group of~~ ICFs/IID ~~with more than eight beds~~in peer	25427
group 1 at a percentage above the cost per case-mix unit	25428
determined under division (B) of this section for the ICF/IID in	25429
~~the~~ peer group 1 that has the peer group's median number of	25430
medicaid days for the calendar year immediately preceding the	25431
fiscal year in which the rate will be paid. The percentage shall	25432
be no less than ~~the percentage above the cost per case-mix unit~~	25433
~~determined under division (B) of this section for the ICF/IID that~~	25434
~~has the median number of medicaid days for calendar year 1992 for~~	25435
~~all ICFs/IID with more than eight beds that would result in~~	25436
~~payment of all desk-reviewed, actual, allowable direct care costs~~	25437
~~for eighty and one-half per cent of the medicaid days for such~~	25438
~~ICFs/IID for calendar year 1992~~twenty-two and forty-six	25439
hundredths per cent.	25440

(2) For each fiscal year for which a rate will be paid, the	25441
department shall set the maximum cost per case-mix unit for ~~each~~	25442
~~peer group of~~ ICFs/IID ~~with eight or fewer beds~~in peer group 2 at	25443
a percentage above the cost per case-mix unit determined under	25444
division (B) of this section for the ICF/IID in ~~the~~ peer group 2	25445
that has the peer group's median number of medicaid days for the	25446
calendar year immediately preceding the fiscal year in which the	25447
rate will be paid. The percentage shall be no less than ~~the~~	25448
~~percentage above the cost per case-mix unit determined under~~	25449
~~division (B) of this section for the ICF/IID that has the median~~	25450
~~number of medicaid days for calendar year 1992 for all ICFs/IID~~	25451
~~with eight or fewer beds that would result in payment of all~~	25452
~~desk-reviewed, actual, allowable direct care costs for eighty and~~	25453
~~one-half per cent of the medicaid days for such ICFs/IID for~~	25454
~~calendar year 1992~~eighteen and eight-tenths per cent.	25455

(3) For each fiscal year for which a rate will be paid, the	25456
department shall set the maximum cost per case-mix unit for	25457
ICFs/IID in peer group 3 at the ninety-fifth percentile of all	25458
ICFs/IID in peer group 3 for the calendar year immediately	25459
preceding the fiscal year in which the rate will be paid.	25460

(4) In determining the maximum cost per case-mix unit under	25461
divisions (C)(1) and (2) of this section for ~~each~~ peer group 1 and	25462
peer group 2, the department shall exclude from its determinations	25463
the cost per case-mix unit of any ICF/IID in ~~the~~ peer group 1 or	25464
peer group 2 that participated in the medicaid program under the	25465
same provider for less than twelve months during the calendar year	25466
immediately preceding the fiscal year in which the rate will be	25467
paid.	25468

~~(4)~~(5) The department shall not reset a peer group's maximum	25469
cost per case-mix unit for a fiscal year under division (C)(1) or,	25470
(2), or (3) of this section based on additional information that	25471
it receives after it sets the maximum for that fiscal year. The	25472
department shall reset a peer group's maximum cost per case-mix	25473
unit for a fiscal year only if it made an error in setting the	25474
maximum for that fiscal year based on information available to the	25475
department at the time it originally sets the maximum for that	25476
fiscal year.	25477

(D)(1) The department shall estimate the rate of inflation	25478
for the eighteen-month period beginning on the first day of July	25479
of the calendar year preceding the fiscal year in which a rate	25480
will be paid and ending on the thirty-first day of December of the	25481
fiscal year in which the rate will be paid, using the following:	25482

(a) Subject to division (D)(1)(b) of this section, the	25483
employment cost index for total compensation, health care and	25484
social assistance component, published by the United States bureau	25485
of labor statistics;	25486

(b) If the United States bureau of labor statistics ceases to	25487
publish the index specified in division (D)(1)(a) of this section,	25488
the index that is subsequently published by the bureau and covers	25489
the staff costs of ICFs/IID.	25490

(2) If the estimated inflation rate for the eighteen-month	25491
period specified in division (D)(1) of this section is different	25492
from the actual inflation rate for that period, as measured using	25493
the same index, the difference shall be added to or subtracted	25494
from the inflation rate estimated under division (D)(1) of this	25495
section for the following fiscal year.	25496

~~(E) The director of developmental disabilities shall adopt~~	25497
~~rules under section 5124.03 of the Revised Code that specify peer~~	25498
~~groups of ICFs/IID with more than eight beds and peer groups of~~	25499
~~ICFs/IID with eight or fewer beds, based on findings of~~	25500
~~significant per diem direct care cost differences due to geography~~	25501
~~and bed-size. The rules also may specify peer groups based on~~	25502
~~findings of significant per diem direct care cost differences due~~	25503
~~to other factors which may include case-mix.~~	25504

Sec. 5124.21. (A) For each fiscal year, the department of	25505
developmental disabilities shall determine each ICF/IID's per	25506
medicaid day payment rate for indirect care costs. Except as	25507
otherwise provided in this chapter, an ICF/IID's rate shall be	25508
determined prospectively. Subject to section 5124.28 of the	25509
Revised Code, an ICF/IID's rate shall be the lesser of the	25510
individual rate determined under division (B) of this section and	25511
the maximum rate determined for the ICF/IID's peer group under	25512
division (C) of this section.	25513

(B) An ICF/IID's individual rate is the sum of the following:

25514

(1) The ICF/IID's desk-reviewed, actual, allowable, per diem	25515
indirect care costs from the calendar year immediately preceding	25516
the fiscal year in which the rate will be paid, adjusted for the	25517
inflation rate estimated under division ~~(D)~~(E)(1) of this section;	25518

(2) ~~If the ICF/IID has more than eight beds~~Subject to	25519
division (D) of this section, an efficiency incentive ~~in the~~	25520
~~following amount:~~	25521

~~(a) For fiscal year 2014, seven and one-tenth per cent of the~~	25522
~~maximum rate established for the ICF/IID's peer group under~~	25523
~~division (C) of this section;~~	25524

~~(b) For fiscal year 2015, the following amount:~~

25525

~~(i) The amount calculated for fiscal year 2014 under division~~	25526
~~(B)(2)(a) of this section if the provider of the ICF/IID obtains~~	25527
~~the department's approval to become a downsized ICF/IID and the~~	25528
~~approval is conditioned on the downsizing being completed not~~	25529
~~later than July 1, 2018;~~	25530

~~(ii) One-half of the amount calculated for fiscal year 2014~~	25531
~~under division (B)(2)(a) of this section if division (B)(2)(b)(i)~~	25532
~~of this section does not apply to the ICF/IID~~equal to the	25533
difference between the amount of the per diem indirect care costs	25534
determined for the ICF/IID under division (B)(1) of this section	25535
for the fiscal year in which the rate will be paid and the maximum	25536
rate established for the ICF/IID's peer group under division (C)	25537
of this section for that fiscal year.	25538

~~(c) For fiscal year 2016 and each fiscal year thereafter~~	25539
~~ending in an even-numbered calendar year, the following~~	25540
~~percentages of the maximum rate established for the ICF/IID's peer~~	25541
~~group under division (C) of this section:~~	25542

~~(i) Seven and one-tenth per cent if the provider of the~~	25543
~~ICF/IID obtains the department's approval to become a downsized~~	25544
~~ICF/IID and the approval is conditioned on the downsizing being~~	25545
~~completed not later than July 1, 2018;~~	25546

~~(ii) Three and fifty-five hundredths per cent if division~~	25547
~~(B)(2)(c)(i) of this section does not apply to the ICF/IID.~~	25548

~~(d) For fiscal year 2017 and each fiscal year thereafter~~	25549
~~ending in an odd-numbered calendar year, the amount calculated for~~	25550
~~the immediately preceding fiscal year under division (B)(2)(c) of~~	25551
~~this section.~~	25552

~~(3) If the ICF/IID has eight or fewer beds, an efficiency~~	25553
~~incentive in the following amount:~~	25554

~~(a) For each fiscal year ending in an even-numbered calendar~~	25555
~~year, seven per cent of the maximum rate established for the~~	25556
~~ICF/IID's peer group under division (C) of this section;~~	25557

~~(b) For each fiscal year ending in an odd-numbered calendar~~	25558
~~year, the amount calculated for the immediately preceding fiscal~~	25559
~~year under division (B)(3)(a) of this section.~~	25560

(C)(1) The maximum rate for indirect care costs for each ~~peer~~	25561
~~group of ICFs/IID with more than eight beds~~ICF/IID in peer group	25562
1 shall be determined as follows:	25563

(a) For each fiscal year ending in an even-numbered calendar	25564
year, the maximum rate for ~~each such~~ICFs/IID in peer group 1	25565
shall be the rate that is no less than twelve and four-tenths per	25566
cent above the median desk-reviewed, actual, allowable, per diem	25567
indirect care cost for all ICFs/IID in ~~the~~ peer group 1 (excluding	25568
ICFs/IID in ~~the~~ peer group 1 whose indirect care costs for that	25569
period are more than three standard deviations from the mean	25570
desk-reviewed, actual, allowable, per diem indirect care cost for	25571
all ICFs/IID ~~with more than eight beds~~in peer group 1) for the	25572
calendar year immediately preceding the fiscal year in which the	25573
rate will be paid, adjusted by the inflation rate estimated under	25574
division ~~(D)~~(E)(1) of this section.	25575

(b) For each fiscal year ending in an odd-numbered calendar	25576
year, the maximum rate for ~~each such~~ICFs/IID in peer group 1 is	25577
the ~~peer group's~~ maximum rate for ICFs/IID in peer group 1 for the	25578
previous fiscal year, adjusted for the inflation rate estimated	25579
under division ~~(D)~~(E)(2) of this section.	25580

(2) The maximum rate for indirect care costs for ~~each peer~~	25581
~~group of~~ ICFs/IID ~~with eight or fewer beds~~in peer group 2 or peer	25582
group 3 shall be determined as follows:	25583

(a) For each fiscal year ending in an even-numbered calendar	25584
year, the maximum rate for ~~each such~~ICFs/IID in peer group 2 or	25585
peer group 3 shall be the rate that is no less than ten and	25586
three-tenths per cent above the median desk-reviewed, actual,	25587
allowable, per diem indirect care cost for all ICFs/IID in ~~the~~	25588
peer group 2 or peer group 3 (excluding ICFs/IID in ~~the~~ peer group	25589
2 or peer group 3 whose indirect care costs are more than three	25590
standard deviations from the mean desk-reviewed, actual,	25591
allowable, per diem indirect care cost for all ICFs/IID ~~with eight~~	25592
~~or fewer beds~~in peer group 2 or peer group 3) for the calendar	25593
year immediately preceding the fiscal year in which the rate will	25594
be paid, adjusted by the inflation rate estimated under division	25595
~~(D)~~(E)(1) of this section.	25596

(b) For each fiscal year ending in an odd-numbered calendar	25597
year, the maximum rate for ~~each such~~ICFs/IID in peer group 2 or	25598
peer group 3 is the ~~peer group's~~ maximum rate for ICFs/IID in peer	25599
group 2 or peer group 3 for the previous fiscal year, adjusted for	25600
the inflation rate estimated under division ~~(D)~~(E)(2) of this	25601
section.	25602

(3) The department shall not redetermine a maximum rate for	25603
indirect care costs under division (C)(1) or (2) of this section	25604
based on additional information that it receives after the maximum	25605
rate is set. The department shall redetermine the maximum rate for	25606
indirect care costs only if it made an error in computing the	25607
maximum rate based on the information available to the department	25608
at the time of the original calculation.	25609

(D)(1) The efficiency incentive for an ICF/IID in peer group	25610
1 shall not exceed the following:	25611

(a) For fiscal year 2014, seven and one-tenth per cent of the	25612
maximum rate established for ICFs/IID in peer group 1 under	25613
division (C) of this section;	25614

(b) For fiscal year 2015, the following amount:

25615

(i) The amount calculated for fiscal year 2014 under division	25616
(D)(1)(a) of this section if the provider of the ICF/IID obtains	25617
the department's approval to become a downsized ICF/IID and the	25618
approval is conditioned on the downsizing being completed not	25619
later than July 1, 2018;	25620

(ii) One-half of the amount calculated for fiscal year 2014	25621
under division (D)(1)(a) of this section if division (D)(1)(b)(i)	25622
of this section does not apply to the ICF/IID.	25623

(c) For fiscal year 2016 and each fiscal year thereafter	25624
ending in an even-numbered calendar year, the following	25625
percentages of the maximum rate established for ICFs/IID in peer	25626
group 1 under division (C) of this section:	25627

(i) Seven and one-tenth per cent if the provider of the	25628
ICF/IID obtains the department's approval to become a downsized	25629
ICF/IID and the approval is conditioned on the downsizing being	25630
completed not later than July 1, 2018;	25631

(ii) Three and fifty-five hundredths per cent if division	25632
(D)(1)(c)(i) of this section does not apply to the ICF/IID.	25633

(d) For fiscal year 2017 and each fiscal year thereafter	25634
ending in an odd-numbered calendar year, the amount calculated for	25635
the immediately preceding fiscal year under division (D)(1)(c) of	25636
this section.	25637

(2) The efficiency incentive for an ICF/IID in peer group 2	25638
or peer group 3 shall not exceed the following:	25639

(a) For each fiscal year ending in an even-numbered calendar	25640
year, seven per cent of the maximum rate established for ICFs/IID	25641
in peer group 2 or peer group 3 under division (C) of this	25642
section;	25643

(b) For each fiscal year ending in an odd-numbered calendar	25644
year, the amount calculated for the immediately preceding fiscal	25645
year under division (D)(2)(a) of this section.	25646

(E)(1) When adjusting rates for inflation under divisions	25647
(B)(1), (C)(1)(a), and (C)(2)(a) of this section, the department	25648
shall estimate the rate of inflation for the eighteen-month period	25649
beginning on the first day of July of the calendar year	25650
immediately preceding the fiscal year in which the rate will be	25651
paid and ending on the thirty-first day of December of the fiscal	25652
year in which the rate will be paid. To estimate the rate of	25653
inflation, the department shall use the following:	25654

(a) Subject to division ~~(D)~~(E)(1)(b) of this section, the	25655
consumer price index for all items for all urban consumers for the	25656
midwest region, published by the United States bureau of labor	25657
statistics;	25658

(b) If the United States bureau of labor statistics ceases to	25659
publish the index specified in division ~~(D)~~(E)(1)(a) of this	25660
section, a comparable index that the bureau publishes and the	25661
department determines is appropriate.	25662

(2) When adjusting rates for inflation under divisions	25663
(C)(1)(b) and (C)(2)(b) of this section, the department shall	25664
estimate the rate of inflation for the twelve-month period	25665
beginning on the first day of January of the fiscal year	25666
immediately preceding the fiscal year in which the rate will be	25667
paid and ending on the thirty-first day of December of the fiscal	25668
year in which the rate will be paid. To estimate the rate of	25669
inflation, the department shall use the following:	25670

(a) Subject to division ~~(D)~~(E)(2)(b) of this section, the	25671
consumer price index for all items for all urban consumers for the	25672
midwest region, published by the United States bureau of labor	25673
statistics;	25674

(b) If the United States bureau of labor statistics ceases to	25675
publish the index specified in division ~~(D)~~(E)(2)(a) of this	25676
section, a comparable index that the bureau publishes and the	25677
department determines is appropriate.	25678

(3) If an inflation rate estimated under division ~~(D)~~(E)(1)	25679
or (2) of this section is different from the actual inflation rate	25680
for the relevant time period, as measured using the same index,	25681
the difference shall be added to or subtracted from the inflation	25682
rate estimated pursuant to this division for the following fiscal	25683
year.	25684

~~(E) The director of developmental disabilities shall adopt~~	25685
~~rules under section 5124.03 of the Revised Code that specify peer~~	25686
~~groups of ICFs/IID with more than eight beds and peer groups of~~	25687
~~ICFs/IID with eight or fewer beds, based on findings of~~	25688
~~significant per diem indirect care cost differences due to~~	25689
~~geography and bed-size. The rules also may specify peer groups~~	25690
~~based on findings of significant per diem indirect care cost~~	25691
~~differences due to other factors, including case-mix.~~	25692

Sec. 5124.28. Notwithstanding any provision of section	25693
5124.17 or 5124.21 of the Revised Code, the director of	25694
developmental disabilities may adopt rules under section 5124.03	25695
of the Revised Code that provide for the determination of a	25696
combined maximum payment limit for indirect care costs and costs	25697
of ownership for ICFs/IID ~~with eight or fewer beds~~in peer group	25698
2.	25699

Sec. 5124.38. (A) The director of developmental disabilities	25700
shall establish a process under which an ICF/IID provider, or a	25701
group or association of ICF/IID providers, may seek	25702
reconsideration of medicaid payment rates established under this	25703
chapter, including a rate for direct care costs redetermined	25704
before the effective date of the rate as a result of an exception	25705
review conducted under section 5124.193 of the Revised Code.	25706
Except as provided in divisions (B) to (D) of this section, the	25707
only issue that a provider, group, or association may raise in the	25708
rate reconsideration is whether the rate was calculated in	25709
accordance with this chapter and the rules adopted under section	25710
5124.03 of the Revised Code. The provider, group, or association	25711
may submit written arguments or other materials that support its	25712
position. The provider, group, or association and department shall	25713
take actions regarding the rate reconsideration within time frames	25714
specified in rules authorized by this section.	25715

If the department determines, as a result of the rate	25716
reconsideration, that the rate established for one or more	25717
ICFs/IID is less than the rate to which the ICF/IID is entitled,	25718
the department shall increase the rate. If the department has paid	25719
the incorrect rate for a period of time, the department shall pay	25720
the provider of the ICF/IID the difference between the amount the	25721
provider was paid for that period for the ICF/IID and the amount	25722
the provider should have been paid for the ICF/IID.	25723

(B)(1) The department, through the rate reconsideration	25724
process, may increase during a fiscal year the medicaid payment	25725
rate determined for an ICF/IID under this chapter if the provider	25726
demonstrates that the ICF/IID's actual, allowable costs have	25727
increased because of any of the following extreme circumstances:	25728

(a) A natural disaster;

25729

(b) A nonextensive renovation approved under division ~~(D)~~(E)	25730
of section 5124.17 of the Revised Code;	25731

(c) If the ICF/IID has an appropriate claims management	25732
program, an increase in the ICF/IID's workers' compensation	25733
experience rating of greater than five per cent;	25734

(d) If the ICF/IID is an inner-city ICF/IID, increased	25735
security costs;	25736

(e) A change of ownership that results from bankruptcy,	25737
foreclosure, or findings by the department of health of violations	25738
of medicaid certification requirements;	25739

(f) Other extreme circumstances specified in rules authorized	25740
by this section.	25741

(2) An ICF/IID may qualify for a rate increase under this	25742
division only if its per diem, actual, allowable costs have	25743
increased to a level that exceeds its total rate. An increase	25744
under this division is subject to any rate limitations or maximum	25745
rates established by this chapter for specific cost centers. Any	25746
rate increase granted under this division shall take effect on the	25747
first day of the first month after the department receives the	25748
request.	25749

(C) The department, through the rate reconsideration process,	25750
may increase an ICF/IID's rate as determined under this chapter if	25751
the department, in the department's sole discretion, determines	25752
that the rate as determined under those sections works an extreme	25753
hardship on the ICF/IID.	25754

(D) When beds certified for the medicaid program are added to	25755
an existing ICF/IID or replaced at the same site, the department,	25756
through the rate reconsideration process, may increase the	25757
ICF/IID's rate for capital costs proportionately, as limited by	25758
any applicable limitation under section 5124.17 of the Revised	25759
Code, to account for the costs of the beds that are added or	25760
replaced. If the department makes this increase, it shall make the	25761
increase one month after the first day of the month after the	25762
department receives sufficient documentation of the costs. Any	25763
rate increase granted under this division after June 30, 1993,	25764
shall remain in effect until the effective date of a rate for	25765
capital costs determined under section 5124.17 of the Revised Code	25766
that includes costs incurred for a full calendar year for the bed	25767
addition or bed replacement. The ICF/IID shall report double	25768
accumulated depreciation in an amount equal to the depreciation	25769
included in the rate adjustment on its cost report for the first	25770
year of operation. During the term of any loan used to finance a	25771
project for which a rate adjustment is granted under this	25772
division, if the ICF/IID is operated by the same provider, the	25773
provider shall subtract from the interest costs it reports on its	25774
cost report an amount equal to the difference between the	25775
following:	25776

(1) The actual, allowable interest costs for the loan during	25777
the calendar year for which the costs are being reported;	25778

(2) The actual, allowable interest costs attributable to the	25779
loan that were used to calculate the rates paid to the provider	25780
for the ICF/IID during the same calendar year.	25781

(E) The department's decision at the conclusion of the	25782
reconsideration process is not subject to any administrative	25783
proceedings under Chapter 119. or any other provision of the	25784
Revised Code.	25785

(F) The director of developmental disabilities shall adopt	25786
rules under section 5124.03 of the Revised Code as necessary to	25787
implement this section.	25788

Sec. 5124.60. (A) For the purpose of increasing the number	25789
of slots available for home and community-based services ~~and~~	25790
~~subject to sections 5124.63 and 5124.64 of the Revised Code~~, the	25791
operator of an ICF/IID may convert some or all of the beds in the	25792
ICF/IID from providing ICF/IID services to providing home and	25793
community-based services if all of the following requirements are	25794
met:	25795

(1) The operator provides the directors of health and	25796
developmental disabilities at least ninety days' notice of the	25797
operator's intent to make the conversion.	25798

(2) The operator complies with the requirements of sections	25799
5124.50 to 5124.53 of the Revised Code regarding a voluntary	25800
termination if those requirements are applicable.	25801

(3) If the operator intends to convert all of the ICF/IID's	25802
beds, the operator notifies each of the ICF/IID's residents that	25803
the ICF/IID is to cease providing ICF/IID services and inform each	25804
resident that the resident may do either of the following:	25805

(a) Continue to receive ICF/IID services by transferring to	25806
another ICF/IID that is willing and able to accept the resident if	25807
the resident continues to qualify for ICF/IID services;	25808

(b) Begin to receive home and community-based services	25809
instead of ICF/IID services from any provider of home and	25810
community-based services that is willing and able to provide the	25811
services to the resident if the resident is eligible for the	25812
services and a slot for the services is available to the resident.	25813

(4) If the operator intends to convert some but not all of	25814
the ICF/IID's beds, the operator notifies each of the ICF/IID's	25815
residents that the ICF/IID is to convert some of its beds from	25816
providing ICF/IID services to providing home and community-based	25817
services and inform each resident that the resident may do either	25818
of the following:	25819

(a) Continue to receive ICF/IID services from any ICF/IID	25820
that is willing and able to provide the services to the resident	25821
if the resident continues to qualify for ICF/IID services;	25822

(b) Begin to receive home and community-based services	25823
instead of ICF/IID services from any provider of home and	25824
community-based services that is willing and able to provide the	25825
services to the resident if the resident is eligible for the	25826
services and a slot for the services is available to the resident.	25827

(5) The operator meets the requirements for providing home	25828
and community-based services, including the following:	25829

(a) Such requirements applicable to a residential facility if	25830
the operator maintains the facility's license as a residential	25831
facility;	25832

(b) Such requirements applicable to a facility that is not	25833
licensed as a residential facility if the operator surrenders the	25834
facility's license as a residential facility under section 5123.19	25835
of the Revised Code.	25836

(6) The director of developmental disabilities approves the	25837
conversion.	25838

(B) A decision by the director of developmental disabilities	25839
to approve or refuse to approve a proposed conversion of beds is	25840
final. In making a decision, the director shall consider all of	25841
the following:	25842

(1) The fiscal impact on the ICF/IID if some but not all of	25843
the beds are converted;	25844

(2) The fiscal impact on the medicaid program;

25845

(3) The availability of home and community-based services.

25846

(C) The notice provided to the directors under division	25847
(A)(1) of this section shall specify whether some or all of the	25848
ICF/IID's beds are to be converted. If some but not all of the	25849
beds are to be converted, the notice shall specify how many of the	25850
ICF/IID's beds are to be converted and how many of the beds are to	25851
continue to provide ICF/IID services. The notice to the director	25852
of developmental disabilities shall specify whether the operator	25853
wishes to surrender the ICF/IID's license as a residential	25854
facility under section 5123.19 of the Revised Code.	25855

(D)(1) If the director of developmental disabilities approves	25856
a conversion under division (B) of this section, the director of	25857
health shall do the following:	25858

(a) Terminate the ICF/IID's medicaid certification if the	25859
notice specifies that all of the ICF/IID's beds are to be	25860
converted;	25861

(b) Reduce the ICF/IID's medicaid-certified capacity by the	25862
number of beds being converted if the notice specifies that some	25863
but not all of the beds are to be converted.	25864

(2) The director of health shall notify the medicaid director	25865
of the termination or reduction. On receipt of the notice, the	25866
medicaid director shall do the following:	25867

(a) Terminate the operator's medicaid provider agreement that	25868
authorizes the operator to provide ICF/IID services at the ICF/IID	25869
if the ICF/IID's certification was terminated;	25870

(b) Amend the operator's medicaid provider agreement to	25871
reflect the ICF/IID's reduced medicaid-certified capacity if the	25872
ICF/IID's medicaid-certified capacity is reduced.	25873

(3) In the case of action taken under division (D)(2)(a) of	25874
this section, the operator is not entitled to notice or a hearing	25875
under Chapter 119. of the Revised Code before the medicaid	25876
director terminates the medicaid provider agreement.	25877

Sec. 5124.61. (A) For the purpose of increasing the number of	25878
slots available for home and community-based services ~~and subject~~	25879
~~to sections 5124.63 and 5124.64 of the Revised Code~~, a person who	25880
acquires, through a request for proposals issued by the director	25881
of developmental disabilities, an ICF/IID for which a residential	25882
facility license was previously surrendered or revoked may convert	25883
some or all of the ICF/IID's beds from providing ICF/IID services	25884
to providing home and community-based services if all of the	25885
following requirements are met:	25886

(1) The person provides the directors of health and	25887
developmental disabilities and medicaid director at least ninety	25888
days' notice of the person's intent to make the conversion.	25889

(2) The person complies with the requirements of sections	25890
5124.50 to 5124.53 of the Revised Code regarding a voluntary	25891
termination if those requirements are applicable.	25892

(3) If the person intends to convert all of the ICF/IID's	25893
beds, the person notifies each of the ICF/IID's residents that the	25894
ICF/IID is to cease providing ICF/IID services and informs each	25895
resident that the resident may do either of the following:	25896

(a) Continue to receive ICF/IID services by transferring to	25897
another ICF/IID willing and able to accept the resident if the	25898
resident continues to qualify for ICF/IID services;	25899

(b) Begin to receive home and community-based services	25900
instead of ICF/IID services from any provider of home and	25901
community-based services that is willing and able to provide the	25902
services to the resident if the resident is eligible for the	25903
services and a slot for the services is available to the resident.	25904

(4) If the person intends to convert some but not all of the	25905
ICF/IID's beds, the person notifies each of the ICF/IID's	25906
residents that the ICF/IID is to convert some of its beds from	25907
providing ICF/IID services to providing home and community-based	25908
services and inform each resident that the resident may do either	25909
of the following:	25910

(a) Continue to receive ICF/IID services from any that is	25911
willing and able to provide the services to the resident if the	25912
resident continues to qualify for ICF/IID services;	25913

(b) Begin to receive home and community-based services	25914
instead of ICF/IID services from any provider of home and	25915
community-based services that is willing and able to provide the	25916
services to the resident if the resident is eligible for the	25917
services and a slot for the services is available to the resident.	25918

(5) The person meets the requirements for providing home and	25919
community-based services at a residential facility.	25920

(B) The notice provided to the directors under division	25921
(A)(1) of this section shall specify whether some or all of the	25922
ICF/IID's beds are to be converted. If some but not all of the	25923
beds are to be converted, the notice shall specify how many of the	25924
ICF/IID's beds are to be converted and how many of the beds are to	25925
continue to provide ICF/IID services.	25926

(C) On receipt of a notice under division (A)(1) of this	25927
section, the director of health shall do the following:	25928

(1) Terminate the ICF/IID's medicaid certification if the	25929
notice specifies that all of the facility's beds are to be	25930
converted;	25931

(2) Reduce the ICF/IID's medicaid-certified capacity by the	25932
number of beds being converted if the notice specifies that some	25933
but not all of the beds are to be converted.	25934

(D) The director of health shall notify the medicaid director	25935
of the termination or reduction under division (C) of this	25936
section. On receipt of the director of health's notice, the	25937
medicaid director shall do the following:	25938

(1) Terminate the person's medicaid provider agreement that	25939
authorizes the person to provide ICF/IID services at the ICF/IID	25940
if the ICF/IID's medicaid certification was terminated;	25941

(2) Amend the person's medicaid provider agreement to reflect	25942
the ICF/IID's reduced medicaid-certified capacity if the ICF/IID's	25943
medicaid-certified capacity is reduced.	25944

The person is not entitled to notice or a hearing under	25945
Chapter 119. of the Revised Code before the medicaid director	25946
terminates or amends the medicaid provider agreement.	25947

Sec. 5124.62. ~~Subject to section 5124.63 of the Revised~~	25948
~~Code, the~~The director of developmental disabilities may request	25949
that the medicaid director seek the approval of the United States	25950
secretary of health and human services to increase the number of	25951
slots available for home and community-based services by a number	25952
not exceeding the number of beds that were part of the licensed	25953
capacity of a residential facility that had its license revoked or	25954
surrendered under section 5123.19 of the Revised Code if the	25955
residential facility was an ICF/IID at the time of the license	25956
revocation or surrender. ~~The revocation or surrender may have~~	25957
~~occurred before, or may occur on or after, June 24, 2008.~~ The	25958
request may include beds the director of developmental	25959
disabilities removed from such a residential facility's licensed	25960
capacity before transferring ownership or operation of the	25961
residential facility pursuant to a request for proposals.	25962

Sec. 5124.67. (A)(1) The department of developmental	25963
disabilities shall strive to achieve, not later than July 1, 2018,	25964
the following statewide reductions in ICF/IID beds:	25965

~~(1)~~(a) At least five hundred ~~and not more than six hundred~~	25966
beds in ICFs/IID that, before becoming downsized ICFs/IID, have	25967
sixteen or more beds;	25968

~~(2)~~(b) At least five hundred ~~and not more than six hundred~~	25969
beds in ICFs/IID with any number of beds that convert some or all	25970
of their beds from providing ICF/IID services to providing home	25971
and community-based services pursuant to section 5124.60 or	25972
5124.61 of the Revised Code.	25973

(2) The department shall strive to achieve a reduction of at	25974
least one thousand two hundred ICF/IID beds through a combination	25975
of the methods specified in divisions (A)(1)(a) and (b) of this	25976
section.	25977

(B) In its efforts to achieve the reductions under division	25978
(A) of this section, the department shall collaborate with the	25979
Ohio association of county boards serving people with	25980
developmental disabilities, the Ohio provider resource	25981
association, the Ohio centers for intellectual disabilities formed	25982
by the Ohio health care association, and the values and faith	25983
alliance. The collaboration efforts may include the following:	25984

(1) Identifying ICFs/IID that may reduce the number of their	25985
beds to help achieve the reductions under division (A) of this	25986
section;	25987

(2) Encouraging ICF/IID providers to reduce the number of	25988
their ICFs/IID's beds;	25989

(3) Establishing interim time frames for making progress in	25990
achieving the reductions;	25991

(4) Creating incentives for, and removing impediments to, the	25992
reductions;	25993

(5) In the case of ICF/IID beds that are converted to	25994
providing home and community-based services, developing a	25995
mechanism to compensate providers for beds that permanently cease	25996
to provide ICF/IID services.	25997

(C) The department shall meet not less than twice each year	25998
with the organizations specified in division (B) of this section	25999
to do all of the following:	26000

(1) Review the progress being made in achieving the	26001
reductions under division (A) of this section;	26002

(2) Prepare written reports on the progress;

26003

(3) Identify additional measures needed to achieve the	26004
reductions.	26005

Sec. 5126.01. As used in this chapter:

26006

(A) As used in this division, "adult" means an individual who	26007
is eighteen years of age or over and not enrolled in a program or	26008
service under Chapter 3323. of the Revised Code and an individual	26009
sixteen or seventeen years of age who is eligible for adult	26010
services under rules adopted by the director of developmental	26011
disabilities pursuant to Chapter 119. of the Revised Code.	26012

(1) "Adult services" means services provided to an adult	26013
outside the home, except when they are provided within the home	26014
according to an individual's assessed needs and identified in an	26015
individual service plan, that support learning and assistance in	26016
the area of self-care, sensory and motor development,	26017
socialization, daily living skills, communication, community	26018
living, social skills, or vocational skills.	26019

(2) "Adult services" includes all of the following:

26020

(a) Adult day habilitation services;

26021

(b) ~~Adult day care;~~

26022

~~(c) Prevocational~~Employment services;

26023

~~(d) Sheltered employment;~~

26024

~~(e)~~(c) Educational experiences and training obtained through	26025
entities and activities that are not expressly intended for	26026
individuals with mental retardation and developmental	26027
disabilities, including trade schools, vocational or technical	26028
schools, adult education, job exploration and sampling, unpaid	26029
work experience in the community, volunteer activities, and	26030
spectator sports;	26031

~~(f) Community employment services and supported employment~~	26032
~~services~~.	26033

(B)(1) "Adult day habilitation services" means adult services	26034
that do the following:	26035

(a) Provide access to and participation in typical activities	26036
and functions of community life that are desired and chosen by the	26037
general population, including such activities and functions as	26038
opportunities to experience and participate in community	26039
exploration, companionship with friends and peers, leisure	26040
activities, hobbies, maintaining family contacts, community	26041
events, and activities where individuals without disabilities are	26042
involved;	26043

(b) Provide supports or a combination of training and	26044
supports that afford an individual a wide variety of opportunities	26045
to facilitate and build relationships and social supports in the	26046
community.	26047

(2) "Adult day habilitation services" includes all of the	26048
following:	26049

(a) Personal care services needed to ensure an individual's	26050
ability to experience and participate in vocational services,	26051
educational services, community activities, and any other adult	26052
day habilitation services;	26053

(b) Skilled services provided while receiving adult day	26054
habilitation services, including such skilled services as behavior	26055
management intervention, occupational therapy, speech and language	26056
therapy, physical therapy, and nursing services;	26057

(c) Training and education in self-determination designed to	26058
help the individual do one or more of the following: develop	26059
self-advocacy skills, exercise the individual's civil rights,	26060
acquire skills that enable the individual to exercise control and	26061
responsibility over the services received, and acquire skills that	26062
enable the individual to become more independent, integrated, or	26063
productive in the community;	26064

(d) Recreational and leisure activities identified in the	26065
individual's service plan as therapeutic in nature or assistive in	26066
developing or maintaining social supports;	26067

~~(e) Counseling and assistance provided to obtain housing,~~	26068
~~including such counseling as identifying options for either rental~~	26069
~~or purchase, identifying financial resources, assessing needs for~~	26070
~~environmental modifications, locating housing, and planning for~~	26071
~~ongoing management and maintenance of the housing selected;~~	26072

~~(f)~~(e) Transportation necessary to access adult day	26073
habilitation services;	26074

~~(g)~~(f) Habilitation management, as described in section	26075
5126.14 of the Revised Code.	26076

(3) "Adult day habilitation services" does not include	26077
activities that are components of the provision of residential	26078
services, family support services, or supported living services.	26079

26080

(1) In the case of a member of a county board of	26081
developmental disabilities appointed by, or to be appointed by, a	26082
board of county commissioners, the board of county commissioners;	26083

(2) In the case of a member of a county board appointed by,	26084
or to be appointed by, a senior probate judge, the senior probate	26085
judge.	26086

(D) "Community employment," "competitive employment," and	26087
"integrated setting" have the same meanings as in section 5123.022	26088
of the Revised Code.	26089

(E) "Supported employment services" means vocational	26090
assessment, job training and coaching, job development and	26091
placement, worksite accessibility, and other services related to	26092
employment outside a sheltered workshop. "Supported employment	26093
services" includes both of the following:	26094

(1) Job training resulting in the attainment of community	26095
employment, supported work in a typical work environment, or	26096
self-employment;	26097

(2) Support for ongoing community employment, supported work	26098
at community-based sites, or self-employment.	26099

(F) As used in this division, ~~"substantial functional~~	26100
~~limitation,"~~ "developmental delay," ~~and "established risk" have~~	26101
has the ~~meanings~~meaning established pursuant to section 5123.011	26102
of the Revised Code.	26103

"Developmental disability" means a severe, chronic disability	26104
that is characterized by all of the following:	26105

(1) It is attributable to a mental or physical impairment or	26106
a combination of mental and physical impairments, other than a	26107
mental or physical impairment solely caused by mental illness as	26108
defined in division (A) of section 5122.01 of the Revised Code;	26109

(2) It is manifested before age twenty-two;

26110

(3) It is likely to continue indefinitely;

26111

(4) It results in one of the following:

26112

(a) In the case of a person under age three, at least one	26113
developmental delay or ~~an established risk~~a diagnosed physical or	26114
mental condition that has a high probability of resulting in a	26115
developmental delay;	26116

(b) In the case of a person at least age three but under age	26117
six, at least two developmental delays ~~or an established risk~~;	26118

(c) In the case of a person age six or older, a substantial	26119
functional limitation in at least three of the following areas of	26120
major life activity, as appropriate for the person's age:	26121
self-care, receptive and expressive language, learning, mobility,	26122
self-direction, capacity for independent living, and, if the	26123
person is at least age sixteen, capacity for economic	26124
self-sufficiency.	26125

(5) It causes the person to need a combination and sequence	26126
of special, interdisciplinary, or other type of care, treatment,	26127
or provision of services for an extended period of time that is	26128
individually planned and coordinated for the person.	26129

(G) "Early childhood services" means a planned program of	26130
habilitation designed to meet the needs of individuals with mental	26131
retardation or other developmental disabilities who have not	26132
attained compulsory school age.	26133

(H) "Employment services" means prevocational services or	26134
supported employment services.	26135

(I)(1) "Environmental modifications" means the physical	26136
adaptations to an individual's home, specified in the individual's	26137
service plan, that are necessary to ensure the individual's	26138
health, safety, and welfare or that enable the individual to	26139
function with greater independence in the home, and without which	26140
the individual would require institutionalization.	26141

(2) "Environmental modifications" includes such adaptations	26142
as installation of ramps and grab-bars, widening of doorways,	26143
modification of bathroom facilities, and installation of	26144
specialized electric and plumbing systems necessary to accommodate	26145
the individual's medical equipment and supplies.	26146

(3) "Environmental modifications" does not include physical	26147
adaptations or improvements to the home that are of general	26148
utility or not of direct medical or remedial benefit to the	26149
individual, including such adaptations or improvements as	26150
carpeting, roof repair, and central air conditioning.	26151

(J) "Family support services" means the services provided	26152
under a family support services program operated under section	26153
5126.11 of the Revised Code.	26154

(K) "Habilitation" means the process by which the staff of	26155
the facility or agency assists an individual with mental	26156
retardation or other developmental disability in acquiring and	26157
maintaining those life skills that enable the individual to cope	26158
more effectively with the demands of the individual's own person	26159
and environment, and in raising the level of the individual's	26160
personal, physical, mental, social, and vocational efficiency.	26161
Habilitation includes, but is not limited to, programs of formal,	26162
structured education and training.	26163

(L) "Home and community-based services" has the same meaning	26164
as in section 5123.01 of the Revised Code.	26165

(M) "ICF/IID" has the same meaning as in section 5124.01 of	26166
the Revised Code.	26167

(N) "Immediate family" means parents, grandparents, brothers,	26168
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law,	26169
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and	26170
daughters-in-law.	26171

(O) "Medicaid case management services" means case management	26172
services provided to an individual with mental retardation or	26173
other developmental disability that the state medicaid plan	26174
requires.	26175

(P) "Mental retardation" means a mental impairment manifested	26176
during the developmental period characterized by significantly	26177
subaverage general intellectual functioning existing concurrently	26178
with deficiencies in the effectiveness or degree with which an	26179
individual meets the standards of personal independence and social	26180
responsibility expected of the individual's age and cultural	26181
group.	26182

(Q) "Prevocational services" means services~~, including~~	26183
~~services as a volunteer,~~ that provide learning and work	26184
experiences, including volunteer work experiences, from which an	26185
individual can develop general strengths and skills that are not	26186
specific to a particular task or job but contribute to	26187
employability in community employment, supported work at	26188
community-based sites, or self-employment.	26189

(R) "Residential services" means services to individuals with	26190
mental retardation or other developmental disabilities to provide	26191
housing, food, clothing, habilitation, staff support, and related	26192
support services necessary for the health, safety, and welfare of	26193
the individuals and the advancement of their quality of life.	26194
"Residential services" includes program management, as described	26195
in section 5126.14 of the Revised Code.	26196

(S) "Resources" means available capital and other assets,	26197
including moneys received from the federal, state, and local	26198
governments, private grants, and donations; appropriately	26199
qualified personnel; and appropriate capital facilities and	26200
equipment.	26201

(T) "Senior probate judge" means the current probate judge of	26202
a county who has served as probate judge of that county longer	26203
than any of the other current probate judges of that county. If a	26204
county has only one probate judge, "senior probate judge" means	26205
that probate judge.	26206

(U) "Service and support administration" means the duties	26207
performed by a service and support administrator pursuant to	26208
section 5126.15 of the Revised Code.	26209

(V)(1) "Specialized medical, adaptive, and assistive	26210
equipment, supplies, and supports" means equipment, supplies, and	26211
supports that enable an individual to increase the ability to	26212
perform activities of daily living or to perceive, control, or	26213
communicate within the environment.	26214

(2) "Specialized medical, adaptive, and assistive equipment,	26215
supplies, and supports" includes the following:	26216

(a) Eating utensils, adaptive feeding dishes, plate guards,	26217
mylatex straps, hand splints, reaches, feeder seats, adjustable	26218
pointer sticks, interpreter services, telecommunication devices	26219
for the deaf, computerized communications boards, other	26220
communication devices, support animals, veterinary care for	26221
support animals, adaptive beds, supine boards, prone boards,	26222
wedges, sand bags, sidelayers, bolsters, adaptive electrical	26223
switches, hand-held shower heads, air conditioners, humidifiers,	26224
emergency response systems, folding shopping carts, vehicle lifts,	26225
vehicle hand controls, other adaptations of vehicles for	26226
accessibility, and repair of the equipment received.	26227

(b) Nondisposable items not covered by medicaid that are	26228
intended to assist an individual in activities of daily living or	26229
instrumental activities of daily living.	26230

(W) "Supportive home services" means a range of services to	26231
families of individuals with mental retardation or other	26232
developmental disabilities to develop and maintain increased	26233
acceptance and understanding of such persons, increased ability of	26234
family members to teach the person, better coordination between	26235
school and home, skills in performing specific therapeutic and	26236
management techniques, and ability to cope with specific	26237
situations.	26238

(X)(1) "Supported living" means services provided for as long	26239
as twenty-four hours a day to an individual with mental	26240
retardation or other developmental disability through any public	26241
or private resources, including moneys from the individual, that	26242
enhance the individual's reputation in community life and advance	26243
the individual's quality of life by doing the following:	26244

(a) Providing the support necessary to enable an individual	26245
to live in a residence of the individual's choice, with any number	26246
of individuals who are not disabled, or with not more than three	26247
individuals with mental retardation and developmental disabilities	26248
unless the individuals are related by blood or marriage;	26249

(b) Encouraging the individual's participation in the	26250
community;	26251

26252

(d) Assisting the individual in acquiring, retaining, and	26253
improving the skills and competence necessary to live successfully	26254
in the individual's residence.	26255

(2) "Supported living" includes the provision of all of the	26256
following:	26257

(a) Housing, food, clothing, habilitation, staff support,	26258
professional services, and any related support services necessary	26259
to ensure the health, safety, and welfare of the individual	26260
receiving the services;	26261

(b) A combination of lifelong or extended-duration	26262
supervision, training, and other services essential to daily	26263
living, including assessment and evaluation and assistance with	26264
the cost of training materials, transportation, fees, and	26265
supplies;	26266

26267

(d) Household maintenance that does not include modifications	26268
to the physical structure of the residence;	26269

(e) Respite care services;

26270

(f) Program management, as described in section 5126.14 of	26271
the Revised Code.	26272

Sec. 5126.02. (A) Each county shall have its own county	26273
board of developmental disabilities. Subject to division (B) of	26274
this section:	26275

(1) A county board shall be operated as a separate	26276
administrative and service entity.	26277

(2) The functions of a county board shall not be combined	26278
with the functions of any other entity of county government.	26279

(B) Division (A) of this section does not prohibit or	26280
restrict any county board from sharing administrative functions or	26281
personnel with one or more other county boards, including entering	26282
into an arrangement authorized by division (B) of section	26283
5126.0219 of the Revised Code or an agreement with one or more	26284
other county boards to share the services of any employee.	26285

Sec. 5126.022. When making appointments to a county board of	26286
developmental disabilities, an appointing authority shall do all	26287
of the following:	26288

(A) Appoint only individuals who are residents of the county	26289
the appointing authority serves, citizens of the United States,	26290
and interested and knowledgeable in the field of mental	26291
retardation and other allied fields;	26292

(B) If the appointing authority is a board of county	26293
commissioners, appoint at least two individuals who are eligible	26294
for services provided by the county board or are immediate family	26295
members of such individuals ~~eligible for services provided by the~~	26296
~~county board and~~. The board of county commissioners shall,	26297
whenever possible, ensure that one of those two members is an	26298
individual eligible for adult services or an immediate family	26299
member of an individual eligible for adult services and the other	26300
is an immediate family member of an individual eligible for early	26301
intervention services or services for preschool or school-age	26302
children;	26303

(C) If the appointing authority is a senior probate judge,	26304
appoint at least one individual who is an immediate family member	26305
of an individual eligible for residential services or supported	26306
living;	26307

(D) Appoint, to the maximum extent possible, individuals who	26308
have professional training and experience in business management,	26309
finance, law, health care practice, personnel administration, or	26310
government service;	26311

(E) Provide for the county board's membership to reflect, as	26312
nearly as possible, the composition of the county that the county	26313
board serves.	26314

Sec. 5126.0219. (A) Each county board of developmental	26315
disabilities shall either employ a superintendent or obtain the	26316
services of the superintendent of another county board of	26317
developmental disabilities. The board shall provide for a	26318
superintendent who is qualified, as specified in rules adopted by	26319
the department of developmental disabilities in accordance with	26320
Chapter 119. of the Revised Code. The superintendent shall have no	26321
voting privileges on the board.	26322

If the superintendent position becomes vacant, the county	26323
board first shall consider entering into an agreement with another	26324
county board for the sharing of a superintendent under division	26325
(B) of this section. If the county board determines there are no	26326
significant efficiencies or it is impractical to share a	26327
superintendent, the county board may employ a superintendent in	26328
accordance with this section to fill the vacancy.	26329

The board shall prescribe the duties of its superintendent	26330
and review the superintendent's performance. The superintendent	26331
may be removed, suspended, or demoted for cause pursuant to	26332
section 5126.23 of the Revised Code. The board shall fix the	26333
superintendent's compensation and reimburse the superintendent for	26334
actual and necessary expenses.	26335

Each county board that employs its own superintendent shall	26336
employ the superintendent under a contract. To enter into a	26337
contract, the board shall adopt a resolution agreeing to the	26338
contract. Each contract for employment or re-employment of a	26339
superintendent shall be for a term of not less than one and not	26340
more than five years. At the expiration of a superintendent's	26341
current term of employment, the superintendent may be re-employed.	26342
If the board intends not to re-employ the superintendent, the	26343
board shall give the superintendent written notification of its	26344
intention. The notice shall be given not less than ninety days	26345
prior to the expiration of the superintendent's contract.	26346

(B) Two or more county boards may enter into an arrangement	26347
under which the superintendent of one county board acts as the	26348
superintendent of another county board. To enter into such an	26349
arrangement, each board shall adopt a resolution agreeing to the	26350
arrangement. The resolutions shall specify the duration of the	26351
arrangement and the contribution each board is to make to the	26352
superintendent's compensation and reimbursement for expenses.	26353

(C) If a vacancy occurs in the position of superintendent, a	26354
county board may appoint a person who holds a valid	26355
superintendent's certificate issued under the rules of the	26356
department to work under a contract for an interim period not to	26357
exceed one hundred eighty days until a permanent superintendent	26358
can be employed or arranged for under division (A) or (B) of this	26359
section. The director of the department may approve additional	26360
periods of time for these types of interim appointments when so	26361
requested by a resolution adopted by a county board, if the	26362
director determines that the additional periods are warranted and	26363
the services of a permanent superintendent are not available.	26364

Sec. 5126.041. (A) As used in this section:

26365

(1) ~~"Biological risk" and "environmental risk" have the~~	26366
~~meanings established pursuant to section 5123.011 of the Revised~~	26367
~~Code.~~	26368

~~(2)~~ "Preschool child with a disability" has the same meaning	26369
as in section 3323.01 of the Revised Code.	26370

~~(3)~~(2) "State institution" means all or part of an	26371
institution under the control of the department of developmental	26372
disabilities pursuant to section 5123.03 of the Revised Code and	26373
maintained for the care, treatment, and training of the mentally	26374
retarded.	26375

(B) Except as provided in division (C) of this section, each	26376
county board of developmental disabilities shall make eligibility	26377
determinations in accordance with the definition of "developmental	26378
disability" in section 5126.01 of the Revised Code. Pursuant to	26379
rules ~~the department of developmental disabilities shall adopt in~~	26380
~~accordance with Chapter 119.~~adopted under section 5123.012 of the	26381
Revised Code, a county board may establish eligibility for	26382
programs and services for ~~either of the following:~~	26383

~~(1) Individuals under age six who have a biological risk or~~	26384
~~environmental risk of a developmental delay;~~	26385

~~(2) Any~~any preschool child with a disability eligible for	26386
services under section 3323.02 of the Revised Code whose	26387
disability is not attributable solely to mental illness as defined	26388
in section 5122.01 of the Revised Code.	26389

(C)(1) A county board shall make determinations of	26390
eligibility for service and support administration in accordance	26391
with rules adopted under section 5126.08 of the Revised Code.	26392

(2) All persons who were eligible for services and enrolled	26393
in programs offered by a county board of developmental	26394
disabilities pursuant to this chapter on July 1, 1991, shall	26395
continue to be eligible for those services and to be enrolled in	26396
those programs as long as they are in need of services.	26397

(3) A person who resided in a state institution on or before	26398
October 29, 1993, is eligible for programs and services offered by	26399
a county board of developmental disabilities, unless the person is	26400
determined by the county board not to be in need of those programs	26401
and services.	26402

(D) A county board shall refer a person who requests but is	26403
not eligible for programs and services offered by the board to	26404
other entities of state and local government or appropriate	26405
private entities that provide services.	26406

(E) Membership of a person on, or employment of a person by,	26407
a county board of developmental disabilities does not affect the	26408
eligibility of any member of that person's family for services	26409
provided by the board or by any entity under contract with the	26410
board.	26411

Sec. 5126.046. (A) Except as otherwise provided by 42 C.F.R.	26412
431.51, an individual with mental retardation or other	26413
developmental disability who is eligible for home and	26414
community-based services has the right to obtain the services from	26415
any provider of the services that is qualified to furnish the	26416
services and is willing to furnish the services to the individual.	26417
A county board of developmental disabilities that has medicaid	26418
local administrative authority under division (A) of section	26419
5126.055 of the Revised Code for home and community-based services	26420
and refuses to permit an individual to obtain home and	26421
community-based services from a qualified and willing provider	26422
shall provide the individual timely notice that the individual may	26423
~~request a hearing~~appeal under section ~~5101.35~~5160.31 of the	26424
Revised Code.	26425

(B) An individual with mental retardation or other	26426
developmental disability who is eligible for nonmedicaid	26427
residential services or nonmedicaid supported living has the right	26428
to obtain the services from any provider of the residential	26429
services or supported living that is qualified to furnish the	26430
residential services or supported living and is willing to furnish	26431
the residential services or supported living to the individual.	26432

(C) The department of developmental disabilities shall make	26433
available to the public on its internet web site an up-to-date	26434
list of all providers of home and community-based services,	26435
nonmedicaid residential services, and nonmedicaid supported	26436
living. County boards shall assist individuals with mental	26437
retardation or other developmental disabilities and the families	26438
of such individuals access the list on the department's internet	26439
web site.	26440

(D) The director of developmental disabilities shall adopt	26441
rules in accordance with Chapter 119. of the Revised Code	26442
governing the implementation of this section. The rules shall	26443
include procedures for individuals to choose their providers. ~~The~~	26444
~~rules shall not be limited by a provider selection system~~	26445
~~established under section 5126.42 of the Revised Code, including~~	26446
~~any pool of providers created pursuant to a provider selection~~	26447
~~system.~~	26448

Sec. 5126.051. (A) To the extent that resources are	26449
available, a county board of developmental disabilities shall	26450
provide for or arrange residential services and supported living	26451
for individuals with mental retardation and developmental	26452
disabilities.	26453

A county board may acquire, convey, lease, or sell property	26454
for residential services and supported living and enter into loan	26455
agreements, including mortgages, for the acquisition of such	26456
property. A county board is not required to comply with provisions	26457
of Chapter 307. of the Revised Code providing for competitive	26458
bidding or sheriff sales in the acquisition, lease, conveyance, or	26459
sale of property under this division, but the acquisition, lease,	26460
conveyance, or sale must be at fair market value determined by	26461
appraisal of one or more disinterested persons appointed by the	26462
board.	26463

Any action taken by a county board under this division that	26464
will incur debt on the part of the county shall be taken in	26465
accordance with Chapter 133. of the Revised Code. A county board	26466
shall not incur any debt on the part of the county without the	26467
prior approval of the board of county commissioners.	26468

(B)(1) To the extent that resources are available, a county	26469
board shall provide or arrange for the provision of adult services	26470
to individuals who are age eighteen and older and not enrolled in	26471
a program or service under Chapter 3323. of the Revised Code or	26472
age sixteen or seventeen and eligible for adult services under	26473
rules adopted by the director of developmental disabilities under	26474
Chapter 119. of the Revised Code. These services shall be provided	26475
in accordance with the individual's individual service plan and	26476
shall include support services specified in the plan.	26477

(2) Any prevocational services shall be provided in	26478
accordance with the individual's individual service plan and occur	26479
over a specified period of time with specific outcomes sought to	26480
be achieved.	26481

(3) A county board may, in cooperation with the opportunities	26482
for Ohioans with disabilities agency, seek federal funds for job	26483
training or other services ~~directly~~directed at helping	26484
individuals obtain community employment.	26485

(4) A county board may contract with any agency, board, or	26486
other entity that is accredited by the commission on accreditation	26487
of rehabilitation facilities to provide services. A county board	26488
that is accredited by the commission on accreditation of	26489
rehabilitation facilities may provide services for which it is	26490
certified by the commission.	26491

(C) To the extent that resources are available, a county	26492
board may provide services to an individual with mental	26493
retardation or other developmental disability in addition to those	26494
provided pursuant to this section, section 5126.05 of the Revised	26495
Code, or any other section of this chapter. The services shall be	26496
provided in accordance with the individual's individual service	26497
plan and may be provided in collaboration with other entities of	26498
state or local government.	26499

Sec. 5126.08. (A) The director of developmental disabilities	26500
shall adopt rules in accordance with Chapter 119. of the Revised	26501
Code for all programs and services offered by a county board of	26502
developmental disabilities. Such rules shall include, but are not	26503
limited to, the following:	26504

(1) Determination of what constitutes a program or service;

26505

(2) Standards to be followed by a board in administering,	26506
providing, arranging, or operating programs and services;	26507

(3) Standards for determining the nature and degree of mental	26508
retardation, including mild mental retardation, or developmental	26509
disability;	26510

(4) Standards and procedures for ~~determining~~making	26511
eligibility determinations for the programs and services ~~under~~	26512
~~section 5126.15 of the Revised Code~~;	26513

(5) Procedures for obtaining consent for the arrangement of	26514
services under section 5126.31 of the Revised Code and for	26515
obtaining signatures on individual service plans under that	26516
section;	26517

(6) Specification of the service and support administration	26518
to be provided by a county board and standards for resolving	26519
grievances in connection with service and support administration.	26520

(B) The director shall be the final authority in determining	26521
the nature and degree of mental retardation or developmental	26522
disability.	26523

Sec. 5126.21. As used in this section, "management employee"	26524
does not include the superintendent of a county board of	26525
developmental disabilities.	26526

(A)(1) Each management employee of a county board of	26527
developmental disabilities shall hold a limited contract for a	26528
period of not less than one year and not more than five years,	26529
except that a management employee hired after the beginning of a	26530
program year may be employed under a limited contract expiring at	26531
the end of the program year. The board shall approve all contracts	26532
of employment for management employees that are for a term of more	26533
than one year. A management employee shall receive notice of the	26534
superintendent's intention not to rehire the employee at least	26535
ninety days prior to the expiration of the contract.	26536

(2) During the term of a contract a management employee's	26537
salary may be increased, but shall not be reduced unless the	26538
reduction is part of a uniform plan affecting all employees of the	26539
board.	26540

(B) All management employees may be removed, suspended, or	26541
demoted for cause pursuant to section 5126.23 of the Revised Code.	26542

(C) All management employees shall receive employee benefits	26543
as established by the board. Sections 124.38 and 325.19 of the	26544
Revised Code do not apply to management employees.	26545

(D) The superintendent of a county board of developmental	26546
disabilities shall notify all management employees of the board of	26547
their salary no later than thirty days before the first day of the	26548
new contract year.	26549

(E) Each county board of developmental disabilities shall	26550
establish a lay-off policy to be followed if it determines a	26551
reduction in the number of management employees is necessary.	26552

(F) If a management employee position becomes vacant, the	26553
superintendent first shall consider whether to enter into an	26554
agreement with another county board for the sharing of personnel	26555
under 5126.02 of the Revised Code. If the superintendent	26556
determines there are no significant efficiencies or it is	26557
impractical to share personnel, the superintendent may employ a	26558
management employee to fill the vacancy.	26559

Sec. 5126.25. (A) The director of developmental disabilities	26560
shall adopt rules under division (C) of this section establishing	26561
uniform standards and procedures for the certification and	26562
registration of persons, other than the persons described in	26563
division (I) of this section, who are seeking employment with or	26564
are employed by either of the following:	26565

(1) A county board of developmental disabilities;

26566

(2) An entity that contracts with a county board to operate	26567
programs and services for individuals with mental retardation or	26568
developmental disabilities.	26569

(B) No person shall be employed in a position for which	26570
certification or registration is required pursuant to the rules	26571
adopted under this section without the certification or	26572
registration that is required for that position. The person shall	26573
not be employed or shall not continue to be employed if the	26574
required certification or registration is denied, revoked, or not	26575
renewed.	26576

(C) The director shall adopt rules in accordance with Chapter	26577
119. of the Revised Code as the director considers necessary to	26578
implement and administer this section, including rules	26579
establishing all of the following:	26580

(1) Positions of employment that are subject to this section	26581
and, for each position, whether a person must receive	26582
certification or receive registration to be employed in that	26583
position;	26584

(2) Requirements that must be met to receive the	26585
certification or registration required to be employed in a	26586
particular position, including standards regarding education,	26587
specialized training, and experience, taking into account the	26588
needs of individuals with mental retardation or developmental	26589
disabilities and the specialized techniques needed to serve them,	26590
except that the rules shall not require a person designated as a	26591
service employee under section 5126.22 of the Revised Code to have	26592
or obtain a bachelor's or higher degree;	26593

(3) Procedures to be followed in applying for initial	26594
certification or registration and for renewing the certification	26595
or registration.	26596

(4) Requirements that must be met for renewal of	26597
certification or registration, which may include continuing	26598
education and professional training requirements;	26599

(5) Subject to section 5126.23 of the Revised Code, grounds	26600
for which certification or registration may be denied, suspended,	26601
or revoked and procedures for appealing the denial, suspension, or	26602
revocation.	26603

(D) Each person seeking certification or registration for	26604
employment shall apply in the manner established in rules adopted	26605
under this section.	26606

(E)(1) Except as provided in division (E)(2) of this section,	26607
the superintendent of each county board is responsible for taking	26608
all actions regarding certification and registration of employees,	26609
other than the position of superintendent, early intervention	26610
supervisor, early intervention specialist, or investigative agent.	26611
For the position of superintendent, early intervention supervisor,	26612
early intervention specialist, or investigative agent, the	26613
director of developmental disabilities is responsible for taking	26614
all such actions.	26615

Actions that may be taken by the superintendent or director	26616
include issuing, renewing, denying, suspending, and revoking	26617
certification and registration. All actions shall be taken in	26618
accordance with the rules adopted under this section.	26619

The superintendent may charge a fee to persons applying for	26620
certification or registration. The superintendent shall establish	26621
the amount of the fee according to the costs the county board	26622
incurs in administering its program for certification and	26623
registration of employees.	26624

A person subject to the denial, suspension, or revocation of	26625
certification or registration may appeal the decision. The appeal	26626
shall be made in accordance with the rules adopted under this	26627
section.	26628

(2) Pursuant to division (C) of section 5126.05 of the	26629
Revised Code, the superintendent may enter into a contract with	26630
any other entity under which the entity is given authority to	26631
carry out all or part of the superintendent's responsibilities	26632
under division (E)(1) of this section.	26633

(F) A person with valid certification or registration under	26634
this section on the effective date of any rules adopted under this	26635
section that increase the standards applicable to the	26636
certification or registration shall have such period as the rules	26637
prescribe, but not less than one year after the effective date of	26638
the rules, to meet the new certification or registration	26639
standards.	26640

(G) A person with valid certification or registration is	26641
qualified to be employed according to that certification or	26642
registration by any county board or entity contracting with a	26643
county board.	26644

(H) The director shall monitor county boards to ensure that	26645
their employees and the employees of their contracting entities	26646
have the applicable certification or registration required under	26647
this section and that the employees are performing only those	26648
functions they are authorized to perform under the certification	26649
or registration. The superintendent of each county board or the	26650
superintendent's designee shall maintain in appropriate personnel	26651
files evidence acceptable to the director that the employees have	26652
met the requirements. On request, representatives of the	26653
department of developmental disabilities shall be given access to	26654
the evidence.	26655

(I) The certification and registration requirements of this	26656
section and the rules adopted under it do not apply to either of	26657
the following:	26658

(1) A person who holds a valid license issued or certificate	26659
issued under Chapter 3319. of the Revised Code and performs no	26660
duties other than teaching or supervision of a teaching program;	26661

(2) A person who holds a valid license or certificate issued	26662
under Title XLVII of the Revised Code and performs only those	26663
duties governed by the license or certificate.	26664

Sec. 5126.42. ~~(A) A~~Each county board of developmental	26665
disabilities shall establish ~~an advisory council composed of board~~	26666
~~members or employees of the board, providers, individuals~~	26667
~~receiving supported living, and advocates for individuals~~	26668
~~receiving supported living to provide on-going communication among~~	26669
~~all persons concerned with supported living.~~	26670

~~(B) The board shall develop~~ procedures for the resolution of	26671
grievances between the following:	26672

(A) The board and providers ~~or between the~~;

26673

(B) The board and an entity with which it has a shared	26674
funding agreement.	26675

~~(C) The board shall develop and implement a provider~~	26676
~~selection system. Each system shall enable an individual to choose~~	26677
~~to continue receiving supported living from the same providers, to~~	26678
~~select additional providers, or to choose alternative providers.~~	26679
~~Annually, the board shall review its provider selection system to~~	26680
~~determine whether it has been implemented in a manner that allows~~	26681
~~individuals fair and equitable access to providers.~~	26682

~~In developing a provider selection system, the county board~~	26683
~~shall create a pool of providers for individuals to use in~~	26684
~~choosing their providers of supported living. The pool shall be~~	26685
~~created by placing in the pool all providers on record with the~~	26686
~~board or by placing in the pool all providers approved by the~~	26687
~~board through soliciting requests for proposals for supported~~	26688
~~living contracts. In either case, only providers that are~~	26689
~~certified by the director of developmental disabilities may be~~	26690
~~placed in the pool.~~	26691

~~If the board places all providers on record in the pool, the~~	26692
~~board shall review the pool at least annually to determine whether~~	26693
~~each provider has continued interest in being a provider and has~~	26694
~~maintained its certification by the department. At any time, an~~	26695
~~interested and certified provider may make a request to the board~~	26696
~~that it be added to the pool, and the board shall add the provider~~	26697
~~to the pool not later than seven days after receiving the request.~~	26698

~~If the board solicits requests for proposals for inclusion of~~	26699
~~providers in the pool, the board shall develop standards for~~	26700
~~selecting the providers to be included. Requests for proposals~~	26701
~~shall be solicited at least annually. When requests are solicited,~~	26702
~~the board shall cause legal notices to be published once each week~~	26703
~~for two consecutive weeks in a newspaper of general circulation~~	26704
~~within the county or as provided in section 7.16 of the Revised~~	26705
~~Code. The board's formal request for proposals shall include a~~	26706
~~description of any applicable contract terms, the standards that~~	26707
~~are used to select providers for inclusion in the pool, and the~~	26708
~~process the board uses to resolve disputes arising from the~~	26709
~~selection process. The board shall accept requests from any entity~~	26710
~~interested in being a provider of supported living for individuals~~	26711
~~served by the board. Requests shall be approved or denied~~	26712
~~according to the standards developed by the board. Providers that~~	26713
~~previously have been placed in the pool are not required to~~	26714
~~resubmit a request for proposal to be included in the pool, unless~~	26715
~~the board's standards have been changed.~~	26716

~~In assisting an individual in choosing a provider, the county~~	26717
~~board shall provide the individual with uniform and consistent~~	26718
~~information pertaining to each provider in the pool. An individual~~	26719
~~may choose to receive supported living from a provider that is not~~	26720
~~included in the pool, if the provider is certified by the director~~	26721
~~of developmental disabilities.~~	26722

Sec. 5126.43. (A) After receiving notice from the department	26723
of developmental disabilities of the amount of state funds to be	26724
distributed to it for planning, developing, contracting for, and	26725
providing supported living, the county board of developmental	26726
disabilities shall arrange for supported living on behalf of and	26727
with the consent of individuals based on their individual service	26728
plans developed under section 5126.41 of the Revised Code. With	26729
the state distribution and any other money designated by the board	26730
for supported living, the board shall arrange for supported living	26731
in one or more of the following ways:	26732

(1) By contracting under section 5126.45 of the Revised Code	26733
with providers selected by the individual to be served;	26734

(2) By entering into shared funding agreements with state	26735
agencies, local public agencies, or political subdivisions at	26736
rates negotiated by the board;	26737

(3) By providing direct payment or vouchers to be used to	26738
purchase supported living, pursuant to a written contract in an	26739
amount determined by the board, to the individual or a person	26740
providing the individual with protective services as defined in	26741
section 5123.55 of the Revised Code.	26742

(B) The board may arrange for supported living only with	26743
providers that are certified by the director of developmental	26744
disabilities.	26745

When no certified provider is willing and able to provide	26746
supported living for an individual in accordance with the terms of	26747
the individual service plan for that individual, a county board	26748
may provide supported living directly if it is certified by the	26749
director of developmental disabilities to provide supported	26750
living.	26751

A county board may, for a period not to exceed ninety days,	26752
contract for or provide supported living without meeting the	26753
requirements of this section for an individual it determines to be	26754
in emergency need of supported living. Thereafter, the individual	26755
shall choose providers in accordance with sections 5126.046 and	26756
5126.41 ~~and 5126.42~~ of the Revised Code.	26757

Sec. 5126.45. (A) A contract between a county board of	26758
developmental disabilities and a provider of supported living	26759
shall be in writing and shall be based on the individual service	26760
plan developed by the individual under section 5126.41 of the	26761
Revised Code. The plan may be submitted as an addendum to the	26762
contract. An individual receiving services pursuant to a contract	26763
shall be considered a third-party beneficiary to the contract.	26764

(B) The contract shall be negotiated between the provider and	26765
the county board. The terms of the contract shall include at least	26766
the following:	26767

(1) The contract period and conditions for renewal;

26768

(2) The services to be provided pursuant to the individual	26769
service plan;	26770

(3) The rights and responsibilities of all parties to the	26771
contract;	26772

(4) The methods that will be used to evaluate the services	26773
delivered by the provider;	26774

(5) Procedures for contract modification that ensure all	26775
parties affected by the modification are involved and agree;	26776

(6) A process for resolving conflicts between individuals	26777
receiving services, the county board, and the provider, as	26778
applicable;	26779

(7) Procedures for the retention of applicable records;

26780

(8) Provisions for contract termination by any party involved	26781
that include requirements for an appropriate notice of intent to	26782
terminate the contract;	26783

(9) Methods to be used to document services provided;

26784

(10) Procedures for submitting reports required by the county	26785
board as a condition of receiving payment under the contract;	26786

(11) The method and schedule the board will use to make	26787
payments to the provider and whether periodic payment adjustments	26788
will be made to the provider;	26789

(12) Provisions for conducting fiscal reconciliations for	26790
payments made through methods other than a fee-for-service	26791
arrangement.	26792

(C) Payments to the provider under a supported living	26793
contract must be determined by the county board to be reasonable	26794
in accordance with policies and procedures developed by the county	26795
board. Goods or services provided without charge to the provider	26796
shall not be included as expenditures of the provider.	26797

(D) The county board shall establish procedures for	26798
reconciling expenditures and payments, other than those made under	26799
a fee-for-service arrangement, for the prior contract year when a	26800
contract is not renewed and shall reconcile expenditures and	26801
payments in accordance with these procedures.	26802

(E) A provider or an entity with which the county board has	26803
entered into a shared funding agreement may ~~appeal a negotiated~~	26804
~~contract or proposed shared funding rate to~~seek resolution of	26805
grievances with the county board using the procedures established	26806
by the county board under section 5126.42 of the Revised Code.	26807

Sec. 5139.05. (A) The juvenile court may commit any child to	26808
the department of youth services as authorized in Chapter 2152. of	26809
the Revised Code, provided that any child so committed shall be at	26810
least ten years of age at the time of the child's delinquent act,	26811
and, if the child is ten or eleven years of age, the delinquent	26812
act is a violation of section 2909.03 of the Revised Code or would	26813
be aggravated murder, murder, or a first or second degree felony	26814
offense of violence if committed by an adult. Any order to commit	26815
a child to an institution under the control and management of the	26816
department shall have the effect of ordering that the child be	26817
committed to the department and assigned to an institution or	26818
placed in a community corrections facility in accordance with	26819
division (E) of section 5139.36 of the Revised Code as follows:	26820

(1) For an indefinite term consisting of the prescribed	26821
minimum period specified by the court under division (A)(1) of	26822
section 2152.16 of the Revised Code and a maximum period not to	26823
exceed the child's attainment of twenty-one years of age, if the	26824
child was committed pursuant to section 2152.16 of the Revised	26825
Code;	26826

(2) Until the child's attainment of twenty-one years of age,	26827
if the child was committed for aggravated murder or murder	26828
pursuant to section 2152.16 of the Revised Code;	26829

(3) For a period of commitment that shall be in addition to,	26830
and shall be served consecutively with and prior to, a period of	26831
commitment described in division (A)(1) or (2) of this section, if	26832
the child was committed pursuant to section 2152.17 of the Revised	26833
Code;	26834

(4) If the child is ten or eleven years of age, to an	26835
institution, a residential care facility, a residential facility,	26836
or a facility licensed by the department of job and family	26837
services that the department of youth services considers best	26838
designated for the training and rehabilitation of the child and	26839
protection of the public. The child shall be housed separately	26840
from children who are twelve years of age or older until the child	26841
is released or discharged or until the child attains twelve years	26842
of age, whichever occurs first. Upon the child's attainment of	26843
twelve years of age, if the child has not been released or	26844
discharged, the department is not required to house the child	26845
separately.	26846

(B)(1) Except as otherwise provided in section 5139.54 of the	26847
Revised Code, the release authority of the department of youth	26848
services, in accordance with section 5139.51 of the Revised Code	26849
and at any time after the end of the minimum period specified	26850
under division (A)(1) of section 2152.16 of the Revised Code, may	26851
grant the release from custody of any child committed to the	26852
department.	26853

The order committing a child to the department of youth	26854
services shall state that the child has been adjudicated a	26855
delinquent child and state the minimum period. The jurisdiction of	26856
the court terminates at the end of the minimum period except as	26857
follows:	26858

(a) In relation to judicial release procedures, supervision,	26859
and violations;	26860

(b) With respect to functions of the court related to the	26861
revocation of supervised release that are specified in sections	26862
5139.51 and 5139.52 of the Revised Code;	26863

(c) In relation to its duties relating to serious youthful	26864
offender dispositional sentences under sections 2152.13 and	26865
2152.14 of the Revised Code.	26866

(2) When a child has been committed to the department under	26867
section 2152.16 of the Revised Code, the department shall retain	26868
legal custody of the child until one of the following:	26869

(a) The department discharges the child to the exclusive	26870
management, control, and custody of the child's parent or the	26871
guardian of the child's person or, if the child is eighteen years	26872
of age or older, discharges the child.	26873

(b) The committing court, upon its own motion, upon petition	26874
of the parent, guardian of the person, or next friend of a child,	26875
or upon petition of the department, terminates the department's	26876
legal custody of the child.	26877

(c) The committing court grants the child a judicial release	26878
to court supervision under section 2152.22 of the Revised Code.	26879

(d) The department's legal custody of the child is terminated	26880
automatically by the child attaining twenty-one years of age.	26881

(e) If the child is subject to a serious youthful offender	26882
dispositional sentence, the adult portion of that dispositional	26883
sentence is imposed under section 2152.14 of the Revised Code.	26884

(C) When a child is committed to the department of youth	26885
services, the department may assign the child to a hospital for	26886
mental, physical, and other examination, inquiry, or treatment for	26887
the period of time that is necessary. The department may remove	26888
any child in its custody to a hospital for observation, and a	26889
complete report of every observation at the hospital shall be made	26890
in writing and shall include a record of observation, treatment,	26891
and medical history and a recommendation for future treatment,	26892
custody, and maintenance. The department shall thereupon order the	26893
placement and treatment that it determines to be most conducive to	26894
the purposes of Chapters 2151. and 5139. of the Revised Code. The	26895
committing court and all public authorities shall make available	26896
to the department all pertinent data in their possession with	26897
respect to the case.	26898

(D) Records maintained by the department of youth services	26899
pertaining to the children in its custody shall be accessible only	26900
to department employees, except by consent of the department, upon	26901
the order of the judge of a court of record, or as provided in	26902
divisions (D)(1) and (2) of this section. These records shall not	26903
be considered "public records," as defined in section 149.43 of	26904
the Revised Code.	26905

(1) Except as otherwise provided by a law of this state or	26906
the United States, the department of youth services may release	26907
records that are maintained by the department of youth services	26908
and that pertain to children in its custody to the department of	26909
rehabilitation and correction regarding persons who are under the	26910
jurisdiction of the department of rehabilitation and correction	26911
and who have previously been committed to the department of youth	26912
services. The department of rehabilitation and correction may use	26913
those records for the limited purpose of carrying out the duties	26914
of the department of rehabilitation and correction. Records	26915
released by the department of youth services to the department of	26916
rehabilitation and correction shall remain confidential and shall	26917
not be considered public records as defined in section 149.43 of	26918
the Revised Code.	26919

(2) The department of youth services shall provide to the	26920
superintendent of the school district in which a child discharged	26921
or released from the custody of the department is entitled to	26922
attend school under section 3313.64 or 3313.65 of the Revised Code	26923
the records described in divisions (D)(4)(a) to (d) of section	26924
2152.18 of the Revised Code. Subject to the provisions of section	26925
3319.321 of the Revised Code and the Family Educational Rights and	26926
Privacy Act, 20 U.S.C. 1232g, as amended, the records released to	26927
the superintendent shall remain confidential and shall not be	26928
considered public records as defined in section 149.43 of the	26929
Revised Code.	26930

(E)(1) When a child is committed to the department of youth	26931
services, the department, orally or in writing, shall notify the	26932
parent, guardian, or custodian of a child that the parent,	26933
guardian, or custodian may request at any time from the	26934
superintendent of the institution in which the child is located	26935
any of the information described in divisions (E)(1)(a), (b), (c),	26936
and (d) of this section. The parent, guardian, or custodian may	26937
provide the department with the name, address, and telephone	26938
number of the parent, guardian, or custodian, and, until the	26939
department is notified of a change of name, address, or telephone	26940
number, the department shall use the name, address, and telephone	26941
number provided by the parent, guardian, or custodian to provide	26942
notices or answer inquiries concerning the following information:	26943

(a) When the department of youth services makes a permanent	26944
assignment of the child to a facility, the department, orally or	26945
in writing and on or before the third business day after the day	26946
the permanent assignment is made, shall notify the parent,	26947
guardian, or custodian of the child of the name of the facility to	26948
which the child has been permanently assigned.	26949

If a parent, guardian, or custodian of a child who is	26950
committed to the department of youth services requests, orally or	26951
in writing, the department to provide the parent, guardian, or	26952
custodian with the name of the facility in which the child is	26953
currently located, the department, orally or in writing and on or	26954
before the next business day after the day on which the request is	26955
made, shall provide the name of that facility to the parent,	26956
guardian, or custodian.	26957

(b) If a parent, guardian, or custodian of a child who is	26958
committed to the department of youth services, orally or in	26959
writing, asks the superintendent of the institution in which the	26960
child is located whether the child is being disciplined by the	26961
personnel of the institution, what disciplinary measure the	26962
personnel of the institution are using for the child, or why the	26963
child is being disciplined, the superintendent or the	26964
superintendent's designee, on or before the next business day	26965
after the day on which the request is made, shall provide the	26966
parent, guardian, or custodian with written or oral responses to	26967
the questions.	26968

(c) If a parent, guardian, or custodian of a child who is	26969
committed to the department of youth services, orally or in	26970
writing, asks the superintendent of the institution in which the	26971
child is held whether the child is receiving any medication from	26972
personnel of the institution, what type of medication the child is	26973
receiving, or what condition of the child the medication is	26974
intended to treat, the superintendent or the superintendent's	26975
designee, on or before the next business day after the day on	26976
which the request is made, shall provide the parent, guardian, or	26977
custodian with oral or written responses to the questions.	26978

(d) When a major incident occurs with respect to a child who	26979
is committed to the department of youth services, the department,	26980
as soon as reasonably possible after the major incident occurs,	26981
shall notify the parent, guardian, or custodian of the child that	26982
a major incident has occurred with respect to the child and of all	26983
the details of that incident that the department has ascertained.	26984

(2) The failure of the department of youth services to	26985
provide any notification required by or answer any requests made	26986
pursuant to division (E) of this section does not create a cause	26987
of action against the state.	26988

(F) The department of youth services, as a means of	26989
punishment while the child is in its custody, shall not prohibit a	26990
child who is committed to the department from seeing that child's	26991
parent, guardian, or custodian during standard visitation periods	26992
allowed by the department of youth services unless the	26993
superintendent of the institution in which the child is held	26994
determines that permitting that child to visit with the child's	26995
parent, guardian, or custodian would create a safety risk to that	26996
child, that child's parents, guardian, or custodian, the personnel	26997
of the institution, or other children held in that institution.	26998

(G) As used in this section:

26999

(1) "Permanent assignment" means the assignment or transfer	27000
for an extended period of time of a child who is committed to the	27001
department of youth services to a facility in which the child will	27002
receive training or participate in activities that are directed	27003
toward the child's successful rehabilitation. "Permanent	27004
assignment" does not include the transfer of a child to a facility	27005
for judicial release hearings pursuant to section 2152.22 of the	27006
Revised Code or for any other temporary assignment or transfer to	27007
a facility.	27008

(2) "Major incident" means the escape or attempted escape of	27009
a child who has been committed to the department of youth services	27010
from the facility to which the child is assigned; the return to	27011
the custody of the department of a child who has escaped or	27012
otherwise fled the custody and control of the department without	27013
authorization; the allegation of any sexual activity with a child	27014
committed to the department; physical injury to a child committed	27015
to the department as a result of alleged abuse by department	27016
staff; an accident resulting in injury to a child committed to the	27017
department that requires medical care or treatment outside the	27018
institution in which the child is located; the discovery of a	27019
controlled substance upon the person or in the property of a child	27020
committed to the department; a suicide attempt by a child	27021
committed to the department; a suicide attempt by a child	27022
committed to the department that results in injury to the child	27023
requiring emergency medical services outside the institution in	27024
which the child is located; the death of a child committed to the	27025
department; an injury to a visitor at an institution under the	27026
control of the department that is caused by a child committed to	27027
the department; and the commission or suspected commission of an	27028
act by a child committed to the department that would be an	27029
offense if committed by an adult.	27030

(3) "Sexual activity" has the same meaning as in section	27031
2907.01 of the Revised Code.	27032

(4) "Controlled substance" has the same meaning as in section	27033
3719.01 of the Revised Code.	27034

(5) "Residential care facility" and "residential facility"	27035
have the same meanings as in section 2151.011 of the Revised Code.	27036

Sec. 5139.12. Any person who is required, pursuant to	27037
division (A) of section 2151.421 of the Revised Code, to report	27038
the person's knowledge of or reasonable cause to suspect abuse or	27039
neglect or threat of abuse or neglect of a child under eighteen	27040
years of age or a mentally retarded, developmentally disabled, or	27041
physically impaired child under twenty-one years of age or any	27042
person who is permitted, pursuant to division (B) of that section,	27043
to report, or cause such a report to be made and who makes or	27044
causes the report to be made, shall direct that report to the	27045
state highway patrol if the child is a delinquent child in the	27046
custody of an institution. If the state highway patrol determines	27047
after receipt of the report that there is probable cause that	27048
abuse or neglect or threat of abuse or neglect of the delinquent	27049
child occurred, the highway patrol shall report its findings to	27050
the department of youth services, to the court that ordered the	27051
disposition of the delinquent child for the act that would have	27052
been an offense if committed by an adult and for which the	27053
delinquent child is in the custody of the department, to the	27054
public children services agency in the county in which the child	27055
resides or in which the abuse or neglect or threat of abuse or	27056
neglect occurred, and to the chairperson and vice-chairperson of	27057
the correctional institution inspection committee established by	27058
section 103.71 of the Revised Code.	27059

Sec. 5139.34. (A) Funds may be appropriated to the	27060
department of youth services for the purpose of granting state	27061
subsidies to counties. A county or the juvenile court that serves	27062
a county shall use state subsidies granted to the county pursuant	27063
to this section only in accordance with divisions (B)(2)(a) and	27064
(3)(a) of section 5139.43 of the Revised Code and the rules	27065
pertaining to the state subsidy funds that the department adopts	27066
pursuant to division (D) of section 5139.04 of the Revised Code.	27067
The department shall not grant financial assistance pursuant to	27068
this section for the provision of care and services for children	27069
in a placement facility unless the facility has been certified,	27070
licensed, or approved by a state or national agency with	27071
certification, licensure, or approval authority, including, but	27072
not limited to, the department of job and family services,	27073
department of education, department of mental health and addiction	27074
services, department of developmental disabilities, or American	27075
correctional association. For the purposes of this section,	27076
placement facilities do not include a state institution or a	27077
county or district children's home.	27078

The department also shall not grant financial assistance	27079
pursuant to this section for the provision of care and services	27080
for children, including, but not limited to, care and services in	27081
a detention facility, in another facility, or in out-of-home	27082
placement, unless the minimum standards applicable to the care and	27083
services that the department prescribes in rules adopted pursuant	27084
to division (D) of section 5139.04 of the Revised Code have been	27085
satisfied.	27086

(B) The department of youth services shall apply the	27087
following formula to determine the amount of the annual grant that	27088
each county is to receive pursuant to division (A) of this	27089
section, subject to the appropriation for this purpose to the	27090
department made by the general assembly:	27091

(1) Each county shall receive a basic annual grant of fifty	27092
thousand dollars.	27093

(2) The sum of the basic annual grants provided under	27094
division (B)(1) of this section shall be subtracted from the total	27095
amount of funds appropriated to the department of youth services	27096
for the purpose of making grants pursuant to division (A) of this	27097
section to determine the remaining portion of the funds	27098
appropriated. The remaining portion of the funds appropriated	27099
shall be distributed on a per capita basis to each county that has	27100
a population of more than twenty-five thousand for that portion of	27101
the population of the county that exceeds twenty-five thousand.	27102

(C)(1) Prior to a county's receipt of an annual grant	27103
pursuant to this section, the juvenile court that serves the	27104
county shall prepare, submit, and file in accordance with division	27105
(B)(3)(a) of section 5139.43 of the Revised Code an annual grant	27106
agreement and application for funding that is for the combined	27107
purposes of, and that satisfies the requirements of, this section	27108
and section 5139.43 of the Revised Code. In addition to the	27109
subject matters described in division (B)(3)(a) of section 5139.43	27110
of the Revised Code or in the rules that the department adopts to	27111
implement that division, the annual grant agreement and	27112
application for funding shall address fiscal accountability and	27113
performance matters pertaining to the programs, care, and services	27114
that are specified in the agreement and application and for which	27115
state subsidy funds granted pursuant to this section will be used.	27116

(2) The county treasurer of each county that receives an	27117
annual grant pursuant to this section shall deposit the state	27118
subsidy funds so received into the county's felony delinquent care	27119
and custody fund created pursuant to division (B)(1) of section	27120
5139.43 of the Revised Code. Subject to exceptions prescribed in	27121
section 5139.43 of the Revised Code that may apply to the	27122
disbursement, the department shall disburse the state subsidy	27123
funds to which a county is entitled in a lump sum payment that	27124
shall be made in July of each calendar year.	27125

(3) Upon an order of the juvenile court that serves a county	27126
and subject to appropriation by the board of county commissioners	27127
of that county, a county treasurer shall disburse from the	27128
county's felony delinquent care and custody fund the state subsidy	27129
funds granted to the county pursuant to this section for use only	27130
in accordance with this section, the applicable provisions of	27131
section 5139.43 of the Revised Code, and the county's approved	27132
annual grant agreement and application for funding.	27133

(4) The moneys in a county's felony delinquent care and	27134
custody fund that represent state subsidy funds granted pursuant	27135
to this section are subject to appropriation by the board of	27136
county commissioners of the county; shall be disbursed by the	27137
county treasurer as required by division (C)(3) of this section;	27138
shall be used in the manners referred to in division (C)(3) of	27139
this section; shall not revert to the county general fund at the	27140
end of any fiscal year; shall carry over in the felony delinquent	27141
care and custody fund from the end of any fiscal year to the next	27142
fiscal year; shall be in addition to, and shall not be used to	27143
reduce, any usual annual increase in county funding that the	27144
juvenile court is eligible to receive or the current level of	27145
county funding of the juvenile court and of any programs, care, or	27146
services for alleged or adjudicated delinquent children, unruly	27147
children, or juvenile traffic offenders or for children who are at	27148
risk of becoming delinquent children, unruly children, or juvenile	27149
traffic offenders; and shall not be used to pay for the care and	27150
custody of felony delinquents who are in the care and custody of	27151
an institution pursuant to a commitment, recommitment, or	27152
revocation of a release on parole by the juvenile court of that	27153
county or who are in the care and custody of a community	27154
corrections facility pursuant to a placement by the department	27155
~~with the consent of the juvenile court~~ as described in division	27156
(E) of section 5139.36 of the Revised Code.	27157

(5) As a condition of the continued receipt of state subsidy	27158
funds pursuant to this section, each county and the juvenile court	27159
that serves each county that receives an annual grant pursuant to	27160
this section shall comply with divisions (B)(3)(b), (c), and (d)	27161
of section 5139.43 of the Revised Code.	27162

Sec. 5139.36. (A) In accordance with this section and the	27163
rules adopted under it and from funds appropriated to the	27164
department of youth services for the purposes of this section, the	27165
department shall make grants that provide financial resources to	27166
operate community corrections facilities for felony delinquents.	27167

(B)(1) Each community corrections facility that intends to	27168
seek a grant under this section shall file an application with the	27169
department of youth services at the time and in accordance with	27170
the procedures that the department shall establish by rules	27171
adopted in accordance with Chapter 119. of the Revised Code. In	27172
addition to other items required to be included in the	27173
application, a plan that satisfies both of the following shall be	27174
included:	27175

(a) It reduces the number of felony delinquents committed to	27176
the department from the county or counties associated with the	27177
community corrections facility.	27178

(b) It ensures equal access for minority felony delinquents	27179
to the programs and services for which a potential grant would be	27180
used.	27181

(2) The department of youth services shall review each	27182
application submitted pursuant to division (B)(1) of this section	27183
to determine whether the plan described in that division, the	27184
community corrections facility, and the application comply with	27185
this section and the rules adopted under it.	27186

(C) To be eligible for a grant under this section and for	27187
continued receipt of moneys comprising a grant under this section,	27188
a community corrections facility shall satisfy at least all of the	27189
following requirements:	27190

(1) Be constructed, reconstructed, or improved, and be	27191
financed by the treasurer of state pursuant to section 307.021 of	27192
the Revised Code and Chapter 154. of the Revised Code, for the use	27193
of the department of youth services and be designated as a	27194
community corrections facility;	27195

(2) Have written standardized criteria governing the types of	27196
felony delinquents that are eligible for the programs and services	27197
provided by the facility;	27198

(3) Have a written standardized intake screening process and	27199
an intake committee that at least performs both of the following	27200
tasks:	27201

(a) Screens all eligible felony delinquents who are being	27202
considered for admission to the facility in lieu of commitment to	27203
the department;	27204

(b) Notifies, within ten days after the date of the referral	27205
of a felony delinquent to the facility, the committing court	27206
whether the felony delinquent will be admitted to the facility.	27207

(4) Comply with all applicable fiscal and program rules that	27208
the department adopts in accordance with Chapter 119. of the	27209
Revised Code and demonstrate that felony delinquents served by the	27210
facility have been or will be diverted from a commitment to the	27211
department.	27212

(D) The department of youth services shall determine the	27213
method of distribution of the funds appropriated for grants under	27214
this section to community corrections facilities.	27215

(E)(1) The department of youth services shall adopt rules in	27216
accordance with Chapter 119. of the Revised Code to establish the	27217
minimum occupancy threshold of community corrections facilities.	27218

(2) A child in the custody of the department of youth	27219
services may be placed in a community corrections facility in	27220
accordance with either division (E)(2)(a) or (b) of this section.	27221
A child placed in a community corrections facility pursuant to	27222
either division shall remain in the legal custody of the	27223
department of youth services during the period in which the child	27224
is in the community corrections facility. The department shall	27225
charge bed days to the county in accordance with sections 5139.41	27226
to 5139.43 of the Revised Code.	27227

(a) The department may make referrals for the placement of	27228
children in its custody to a community corrections facility. At	27229
least forty-five days prior to the referral of a child or within	27230
any shorter period prior to the referral of the child that the	27231
committing court may allow, the department shall notify the	27232
committing court of its intent to place the child in a community	27233
corrections facility. The court shall have thirty days after the	27234
receipt of the notice to approve or disapprove the placement. If	27235
the court does not respond to the notice of the placement within	27236
that thirty-day period, the department shall proceed with the	27237
placement ~~and debit the county in accordance with sections 5139.41~~	27238
~~to 5139.43 of the Revised Code. A child placed in a community~~	27239
~~corrections facility pursuant to this division shall remain in the~~	27240
~~legal custody of the department of youth services during the~~	27241
~~period in which the child is in the community corrections~~	27242
~~facility~~.	27243

(b) The department may, with the consent of the juvenile	27244
court with jurisdiction over the Montgomery county center for	27245
adolescent services, establish a single unit within the community	27246
corrections facility for female felony delinquents committed to	27247
the department's custody. If the unit is established under this	27248
division, the department may place a female felony delinquent	27249
committed to the department's custody into the unit in the	27250
community corrections facility.	27251

(3) Counties that are not associated with a community	27252
corrections facility may refer children to a community corrections	27253
facility with the consent of the facility. The department of youth	27254
services shall debit the county that makes the referral in	27255
accordance with sections 5139.41 to 5139.43 of the Revised Code.	27256

(F) The board or other governing body of a community	27257
corrections facility shall meet not less often than once per	27258
quarter. A community corrections facility may reimburse the	27259
members of the board or other governing body of the facility and	27260
the members of an advisory board created by the board or other	27261
governing body of the facility for their actual and necessary	27262
expenses incurred in the performance of their official duties. The	27263
members of the board or other governing body of the facility and	27264
the members of an advisory board created by the board or other	27265
governing body of the facility shall serve without compensation.	27266

Sec. 5139.41. The appropriation made to the department of	27267
youth services for care and custody of felony delinquents shall be	27268
expended in accordance with the following procedure that the	27269
department shall use for each year of a biennium. The procedure	27270
shall be consistent with sections 5139.41 to 5139.43 of the	27271
Revised Code and shall be developed in accordance with the	27272
following guidelines:	27273

(A) The line item appropriation for the care and custody of	27274
felony delinquents shall provide funding for operational costs for	27275
the following:	27276

(1) Institutions and the diagnosis, care, or treatment of	27277
felony delinquents at facilities pursuant to contracts entered	27278
into under section 5139.08 of the Revised Code;	27279

(2) Community corrections facilities constructed,	27280
reconstructed, improved, or financed as described in section	27281
5139.36 of the Revised Code for the purpose of providing	27282
alternative placement and services for felony delinquents who have	27283
been diverted from care and custody in institutions;	27284

(3) County juvenile courts that administer programs and	27285
services for prevention, early intervention, diversion, treatment,	27286
and rehabilitation services and programs that are provided for	27287
alleged or adjudicated unruly or delinquent children or for	27288
children who are at risk of becoming unruly or delinquent	27289
children;	27290

(4) Administrative expenses the department incurs in	27291
connection with the felony delinquent care and custody programs	27292
described in section 5139.43 of the Revised Code.	27293

(B) From the appropriated line item for the care and custody	27294
of felony delinquents, the department, with the advice of the	27295
RECLAIM advisory committee established under section 5139.44 of	27296
the Revised Code, shall allocate annual operational funds for	27297
county juvenile programs, institutional care and custody,	27298
community corrections facilities care and custody, and	27299
administrative expenses incurred by the department associated with	27300
felony delinquent care and custody programs. The department, with	27301
the advice of the RECLAIM advisory committee, shall adjust these	27302
allocations, when modifications to this line item are made by	27303
legislative or executive action.	27304

(C) The department shall divide county juvenile program	27305
allocations among county juvenile courts that administer programs	27306
and services for prevention, early intervention, diversion,	27307
treatment, and rehabilitation that are provided for alleged or	27308
adjudicated unruly or delinquent children or for children who are	27309
at risk of becoming unruly or delinquent children. The department	27310
shall base funding on the county's previous year's ratio of the	27311
department's institutional and community ~~correctional~~corrections	27312
facilities commitments to that county's average of felony	27313
adjudications, as specified in the following formula:	27314

(1) The department shall give to each county a proportional	27315
allocation of commitment credits. The proportional allocation of	27316
commitment credits shall be calculated by the following	27317
procedures:	27318

(a) The department shall determine for each county and for	27319
the state an average of felony adjudications. Beginning July 1,	27320
2012, the average shall include felony adjudications for fiscal	27321
year 2007 and for each subsequent fiscal year through fiscal year	27322
2016. Beginning July 1, 2017, the most recent felony adjudication	27323
data shall be included and the oldest fiscal year data shall be	27324
removed so that a ten-year average of felony adjudication data	27325
will be maintained.	27326

(b) The department shall determine for each county and for	27327
the state the number of charged bed days, for both the department	27328
and community ~~correctional~~corrections facilities, from the	27329
previous year.	27330

(c) The department shall divide the statewide total number of	27331
charged bed days by the statewide total number of felony	27332
adjudications, which quotient shall then be multiplied by a factor	27333
determined by the department.	27334

(d) The department shall calculate the county's allocation of	27335
credits by multiplying the number of adjudications for each court	27336
by the result determined pursuant to division (C)(1)(c) of this	27337
section.	27338

(2) The department shall subtract from the allocation	27339
determined pursuant to division (C)(1) of this section a credit	27340
for every chargeable bed day while a youth ~~stays~~is in a	27341
~~department institution~~the department's custody and two-thirds of	27342
credit for every chargeable bed day a youth stays in a community	27343
~~correctional~~corrections facility, except for public safety beds.	27344
At the end of the year, the department shall divide the amount of	27345
remaining credits of that county's allocation by the total number	27346
of remaining credits to all counties, to determine the county's	27347
percentage, which shall then be applied to the total county	27348
allocation to determine the county's payment for the fiscal year.	27349

(3) The department shall pay counties three times during the	27350
fiscal year to allow for credit reporting and audit adjustments,	27351
and modifications to the appropriated line item for the care and	27352
custody of felony delinquents, as described in this section. The	27353
department shall pay fifty per cent of the payment by the	27354
fifteenth of July of each fiscal year, twenty-five per cent by the	27355
fifteenth of January of that fiscal year, and twenty-five per cent	27356
of the payment by the fifteenth of June of that fiscal year.	27357

Sec. 5139.45. (A) As used in this section:

27358

(1) "Institution" means a state facility that is created by	27359
the general assembly and that is under the management and control	27360
of the department of youth services or a private entity with which	27361
the department has contracted for the institutional care and	27362
custody of felony delinquents.	27363

(2) "Quality assurance program" means a comprehensive program	27364
within the department of youth services to systematically review	27365
and improve the quality of programming, operations, education,	27366
medical and mental health services within the department and the	27367
department's institutions, the safety and security of persons	27368
receiving care and services within the department and the	27369
department's institutions, and the efficiency and effectiveness of	27370
the utilization of staff and resources in the delivery of services	27371
within the department and the department's institutions.	27372

(3) "Quality assurance program activities" means the	27373
activities of the institution and the office of quality assurance	27374
and improvement, of persons who provide, collect, or compile	27375
information and reports required by the office of quality	27376
assurance and improvement, and of persons who receive, review, or	27377
implement the recommendations made by the office of quality	27378
assurance and improvement. "Quality assurance program activities"	27379
include credentialing, infection control, utilization review	27380
including access to patient care, patient care assessments,	27381
medical and mental health records, medical and mental health	27382
resource management, mortality and morbidity review, and	27383
identification and prevention of medical or mental health	27384
incidents and risks, whether performed by the office of quality	27385
assurance and improvement or by persons who are directed by the	27386
office of quality assurance and improvement.	27387

(4) "Quality assurance record" means the proceedings,	27388
records, minutes, and reports that result from quality assurance	27389
program activities. "Quality assurance record" does not include	27390
aggregate statistical information that does not disclose the	27391
identity of persons receiving or providing services in	27392
institutions.	27393

(B) The office of quality assurance and improvement is hereby	27394
created as an office in the department of youth services. The	27395
director of youth services shall appoint a managing officer to	27396
carry out quality assurance program activities.	27397

(C)(1) Except as otherwise provided in division (F) of this	27398
section, quality assurance records are confidential and are not	27399
public records under section 149.43 of the Revised Code and shall	27400
be used only in the course of the proper functions of a quality	27401
assurance program.	27402

(2) Except as provided in division (F) of this section, no	27403
person who possesses or has access to quality assurance records	27404
and who knows that the records are quality assurance records shall	27405
willfully disclose the contents of the records to any person or	27406
entity.	27407

(D)(1) Except as otherwise provided in division (F) of this	27408
section, a quality assurance record is not subject to discovery	27409
and is not admissible as evidence in any judicial or	27410
administrative proceeding.	27411

(2) Except as provided in division (F) of this section, no	27412
employee of the office of quality assurance and improvement or a	27413
person who is performing a function that is part of a quality	27414
assurance program shall be permitted or required to testify in a	27415
judicial or administrative proceeding with respect to a quality	27416
assurance record or with respect to any finding, recommendation,	27417
evaluation, opinion, or other action taken by the office or	27418
program or by the person within the scope of the quality assurance	27419
program.	27420

(3) Information, documents, or records otherwise available	27421
from original sources shall not be unavailable for discovery or	27422
inadmissible as evidence in a judicial or administrative	27423
proceeding under division (D)(1) of this section merely because	27424
they were presented to the office of quality assurance and	27425
improvement. No person who is an employee of the office of quality	27426
assurance and improvement shall be prohibited from testifying as	27427
to matters within the person's knowledge, but the person shall not	27428
be asked about an opinion formed by the person as a result of the	27429
person's quality assurance program activities.	27430

(E)(1) A person who, without malice and in the reasonable	27431
belief that the information is warranted by the facts known to the	27432
person, provides information to a person engaged in quality	27433
assurance program activities is not liable for damages in a civil	27434
action for injury, death, or loss to person or property as a	27435
result of providing the information.	27436

(2) An employee of the office of quality assurance and	27437
improvement, a person engaged in quality assurance program	27438
activities, or an employee of the department of youth services	27439
shall not be liable in damages in a civil action for injury,	27440
death, or loss to person or property for any acts, omissions,	27441
decisions, or other conduct within the scope of the functions of	27442
the quality assurance program.	27443

(3) Nothing in this section shall relieve any institution	27444
from liability arising from the treatment of a patient.	27445

(F) Quality assurance records may be disclosed, and testimony	27446
may be provided concerning quality assurance records, only to the	27447
following persons or entities or under the following	27448
circumstances:	27449

(1) Persons who are employed or retained by the department of	27450
youth services and who have the authority to evaluate or implement	27451
the recommendations of an institution or the office of quality	27452
assurance and improvement;	27453

(2) Public or private agencies or organizations if needed to	27454
perform a licensing or accreditation function related to	27455
institutions or to perform monitoring of institutions as required	27456
by law;	27457

(3) A governmental board or agency, a professional health	27458
care society or organization, or a professional standards review	27459
organization, if the records or testimony are needed to perform	27460
licensing, credentialing, or monitoring of professional standards	27461
with respect to medical or mental health professionals employed or	27462
retained by the department;	27463

(4) A criminal or civil law enforcement agency or public	27464
health agency charged by law with the protection of public health	27465
or safety, if a qualified representative of the agency makes a	27466
written request stating that the records or testimony are	27467
necessary for a purpose authorized by law;	27468

(5) In a judicial or administrative proceeding commenced by	27469
an entity described in division (F)(3) or (4) of this section for	27470
a purpose described in that division but only with respect to the	27471
subject of the proceedings.	27472

(G) A disclosure of quality assurance records pursuant to	27473
division (F) of this section does not otherwise waive the	27474
confidential and privileged status of the disclosed quality	27475
assurance records. The names and other identifying information	27476
regarding individual patients or employees of the office of	27477
quality assurance and improvement contained in a quality assurance	27478
record shall be redacted from the record prior to the disclosure	27479
of the record unless the identity of an individual is necessary	27480
for the purpose for which the disclosure is being made and does	27481
not constitute a clearly unwarranted invasion of personal privacy.	27482

Sec. 5153.21. The board of county commissioners may	27483
establish a children's home upon the recommendation of the public	27484
children services agency and subject to certification by the	27485
department of job and family services under section 5103.03 of the	27486
Revised Code and the requirements of sections 5103.05 and 5103.051	27487
of the Revised Code.	27488

Sec. 5153.42. District children's homes shall be	27489
established, operated, maintained, and managed in the same manner	27490
so far as applicable as county children's homes and shall be	27491
subject to the requirements of sections 5103.05 and 5103.051 of	27492
the Revised Code.	27493

Sec. 5155.28. (A) As used in this section:

27494

(1) "Nursing facility" has the same meaning as in section	27495
5165.01 of the Revised Code.	27496

(2) "PASRR" means the preadmission screening and annual	27497
resident review of individuals with mental illnesses and	27498
intellectual disabilities required by the "Social Security Act,"	27499
42 U.S.C. 1396r(e)(7).	27500

(B) A county home or district home that is a nursing facility	27501
may provide sub-acute detoxification services to residents who	27502
have been determined by PASRR to be addicted to opioids. The	27503
sub-acute detoxification services shall include monitoring of such	27504
residents twenty-four hours a day by health care professionals.	27505

Sec. 5165.03. (A) As used in this section:

27506

(1) "Dementia" includes Alzheimer's disease or a related	27507
disorder.	27508

(2) "Serious mental illness" means "serious mental illness,"	27509
as defined by the United States department of health and human	27510
services in regulations adopted under the "Social Security Act,"	27511
section 1919(e)(7)(G)(i), 42 U.S.C. 1396r(e)(7)(G)(i).	27512

(3) "Mentally ill individual" means an individual who has a	27513
serious mental illness other than either of the following:	27514

(a) A primary diagnosis of dementia;

27515

(b) A primary diagnosis that is not a primary diagnosis of	27516
dementia and a primary diagnosis of something other than a serious	27517
mental illness.	27518

(4) "Mentally retarded individual" means an individual who is	27519
mentally retarded or has a related condition, as described in the	27520
"Social Security Act," section 1905(d), 42 U.S.C. 1396d(d).	27521

(5) "Specialized services" means the services specified by	27522
the United States department of health and human services in	27523
regulations adopted under the "Social Security Act," section	27524
1919(e)(7)(G)(iii), 42 U.S.C. 1396r(e)(7)(G)(iii).	27525

(B)(1) Except as provided in division (D) of this section, no	27526
nursing facility shall admit as a resident any mentally ill	27527
individual unless the facility has received evidence that the	27528
department of mental health and addiction services has determined	27529
both of the following under section 5119.40 of the Revised Code:	27530

(a) That the individual requires the level of services	27531
provided by a nursing facility because of the individual's	27532
physical and mental condition;	27533

(b) Whether the individual requires specialized services for	27534
mental illness.	27535

(2) Except as provided in division (D) of this section, no	27536
nursing facility shall admit as a resident any mentally retarded	27537
individual unless the facility has received evidence that the	27538
department of developmental disabilities has determined both of	27539
the following under section 5123.021 of the Revised Code:	27540

(a) That the individual requires the level of services	27541
provided by a nursing facility because of the individual's	27542
physical and mental condition;	27543

(b) Whether the individual requires specialized services for	27544
mental retardation.	27545

(C) The department of medicaid shall not make medicaid	27546
payments to a nursing facility on behalf of any individual who is	27547
admitted to the facility in violation of division (B) of this	27548
section for the period beginning on the date of admission and	27549
ending on the date the requirements of division (B) of this	27550
section are met.	27551

(D) A determination under division (B) of this section is not	27552
required for any individual who is exempted from the requirement	27553
that a determination be made by ~~division~~any of the following:	27554

(1) Division (B)(2) of section 5119.40 of the Revised Code or	27555
~~rules~~;	27556

(2) Rules adopted by the department of mental health and	27557
addiction services under division (E)(3) of ~~that~~ section~~, or by~~	27558
~~division~~5119.40 of the Revised Code;	27559

(3) Division (A)(1) of section 5119.401 of the Revised Code;

27560

(4) Division (B)(2) of section 5123.021 of the Revised Code	27561
~~or rules~~;	27562

(5) Rules adopted by the department of developmental	27563
disabilities under division (E)(3) of ~~that~~ section 5123.021 of the	27564
Revised Code.	27565

Sec. 5165.031. An individual who applies for admission to or	27566
resides in a nursing facility may appeal if adversely affected by	27567
a determination made by the department of mental health and	27568
addiction services under section 5119.40 of the Revised Code, by a	27569
case manager under section 5119.401 of the Revised Code, or by the	27570
department of developmental disabilities under section 5123.021 of	27571
the Revised Code. If the individual is an applicant for or	27572
recipient of medicaid, the individual may appeal pursuant to	27573
section 5160.31 of the Revised Code. If the individual is not an	27574
applicant for or recipient of medicaid, the individual may appeal	27575
pursuant to a process the department of medicaid shall establish,	27576
which shall be similar to the appeals process established by	27577
section 5101.35 of the Revised Code. The department of medicaid	27578
shall provide notice of the right to appeal to individuals	27579
adversely affected by determinations made under sections 5119.40,	27580
5119.401, and 5123.021 of the Revised Code. Any decision made on	27581
the basis of such an appeal is binding on the department of mental	27582
health and addiction services and the department of developmental	27583
disabilities.	27584

Sec. 5165.10. (A) Except as provided in division ~~(D)~~(C) of	27585
this section, each nursing facility provider shall file with the	27586
department of medicaid an annual cost report for each of the	27587
provider's nursing facilities that participate in the medicaid	27588
program. The cost report for a year shall cover the calendar year	27589
or the portion of the calendar year during which the nursing	27590
facility participated in the medicaid program. Except as provided	27591
in division ~~(E)~~(D) of this section, the cost report is due not	27592
later than ninety days after the end of the calendar year, or	27593
portion of the calendar year, that the cost report covers.	27594

(B) If a nursing facility undergoes a change of provider that	27595
the department determines, in accordance with rules adopted under	27596
section 5165.02 of the Revised Code, is not an arm's length	27597
transaction, the new provider shall file the nursing facility's	27598
cost report in accordance with division (A) of this section and	27599
the cost report shall cover the portion of the calendar year	27600
during which the new provider operated the nursing facility and	27601
the portion of the calendar year during which the previous	27602
provider operated the nursing facility.	27603

(C) ~~If the medicaid payment rate for a new nursing facility~~	27604
~~was most recently determined in accordance with section 5165.151~~	27605
~~of the Revised Code, the provider shall file with the department a~~	27606
~~cost report for the new nursing facility not later than, except as~~	27607
~~provided in division (E) of this section, ninety days after the~~	27608
~~end of the new nursing facility's first three full calendar months~~	27609
~~of operation. The cost report shall cover the period that begins~~	27610
~~with the nursing facility's first day of operation and ends on the~~	27611
~~first day of the month immediately following the first three full~~	27612
~~months of operation.~~	27613

~~(D) A nursing facility~~The provider of a new nursing facility	27614
is not required to file a cost report ~~for a nursing facility for a~~	27615
~~calendar year~~ in accordance with division (A) of this section for	27616
the first calendar year that the provider has a provider agreement	27617
for the nursing facility if the ~~provider files a cost report for~~	27618
~~the nursing facility under division (C) of this section and that~~	27619
~~cost report covers a period that begins~~initial provider agreement	27620
goes into effect after the first day of October of that calendar	27621
year. The provider shall file a cost report for the nursing	27622
facility in accordance with division (A) of this section for the	27623
immediately following calendar year.	27624

~~(E)~~(D) The department may grant to a provider a fourteen-day	27625
extension to file a cost report under this section if the provider	27626
provides the department a written request for the extension and	27627
the department determines that there is good cause for the	27628
extension.	27629

Sec. 5165.106. If a nursing facility provider required by	27630
section 5165.10 of the Revised Code to file a cost report for the	27631
nursing facility fails to file the cost report by the date it is	27632
due or the date, if any, to which the due date is extended	27633
pursuant to division ~~(E)~~(D) of that section, or files an	27634
incomplete or inadequate report for the nursing facility under	27635
that section, the department of medicaid shall provide immediate	27636
written notice to the provider that the provider agreement for the	27637
nursing facility will be terminated in thirty days unless the	27638
provider submits a complete and adequate cost report for the	27639
nursing facility within thirty days. During the thirty-day	27640
termination period or any additional time allowed for an appeal of	27641
the proposed termination of a provider agreement, the provider	27642
shall be paid the nursing facility's then current per medicaid day	27643
payment rate, minus the dollar amount by which nursing facility's	27644
per medicaid day payment rates are reduced during fiscal year 2013	27645
in accordance with division (A)(2) of section 5111.26 of the	27646
Revised Code (renumbered as section 5165.10 of the Revised Code by	27647
H.B. 59 of the 130th general assembly) as that section existed on	27648
the day immediately preceding ~~the effective date of this section~~	27649
September 29, 2013. On the first day of each July, the department	27650
shall adjust the amount of the reduction in effect during the	27651
previous twelve months to reflect the rate of inflation during the	27652
preceding twelve months, as shown in the consumer price index for	27653
all items for all urban consumers for the north central region,	27654
published by the United States bureau of labor statistics.	27655

Sec. 5165.15. (A) Except as otherwise provided by sections	27656
5165.151 to ~~5165.156~~5165.157 and 5165.34 of the Revised Code, the	27657
total per medicaid day payment rate that the department of	27658
medicaid shall pay a nursing facility provider for nursing	27659
facility services the provider's nursing facility provides during	27660
a fiscal year shall equal the sum of all of the following:	27661

(1) The per medicaid day payment rate for ancillary and	27662
support costs determined for the nursing facility under section	27663
5165.16 of the Revised Code;	27664

(2) The per medicaid day payment rate for capital costs	27665
determined for the nursing facility under section 5165.17 of the	27666
Revised Code;	27667

(3) The per medicaid day payment rate for direct care costs	27668
determined for the nursing facility under section 5165.19 of the	27669
Revised Code;	27670

(4) The per medicaid day payment rate for tax costs	27671
determined for the nursing facility under section 5165.21 of the	27672
Revised Code;	27673

(5) If the nursing facility qualifies as a critical access	27674
nursing facility, the nursing facility's critical access incentive	27675
payment paid under section 5165.23 of the Revised Code;	27676

(6) The quality incentive payment paid to the nursing	27677
facility under section 5165.25 of the Revised Code.	27678

(B) In addition to paying a nursing facility provider the	27679
nursing facility's total rate determined under division (A) of	27680
this section for a fiscal year, the department shall pay the	27681
provider a quality bonus under section 5165.26 of the Revised Code	27682
for that fiscal year if the provider's nursing facility is a	27683
qualifying nursing facility, as defined in that section, for that	27684
fiscal year. The quality bonus shall not be part of the total	27685
rate.	27686

~~Sec. 323.280.~~ Sec. 5165.157. ~~ALTERNATIVE PURCHASING MODEL FOR~~	27687
~~NURSING FACILITY SERVICES~~	27688

~~As used in this section, "Medicaid waiver component" has the~~	27689
~~same meaning as in section 5166.01 of the Revised Code.~~	27690

~~The Medicaid Director~~(A) The medicaid director may	27691
establish~~, as a Medicaid waiver component,~~ an alternative	27692
purchasing model for nursing facility services provided~~, during~~	27693
~~the period beginning July 1, 2013, and ending July 1, 2015,~~by	27694
designated discrete units of nursing facilities to ~~Medicaid~~	27695
medicaid recipients with specialized health care needs~~, including~~	27696
~~recipients dependent on ventilators, recipients who have severe~~	27697
~~traumatic brain injury, and recipients who would be admitted to~~	27698
~~long-term acute care hospitals or rehabilitation hospitals if they~~	27699
~~did not receive nursing facility services~~. If ~~established,~~ the	27700
alternative purchasing model is established, the director shall do	27701
all of the following with regard to the model:	27702

~~(A) Recognize a connection between enhanced Medicaid payment~~	27703
~~rates and improved health outcomes capable of being measured;~~	27704

~~(B) Include~~(1) Establish criteria ~~for identifying Medicaid~~	27705
that a discrete unit of a nursing facility must meet to be	27706
designated as a unit that, under the alternative purchasing model,	27707
may admit and provide nursing facility services to medicaid	27708
recipients with specialized health care needs;	27709

~~(C) Include procedures for ensuring that Medicaid recipients~~	27710
~~identified pursuant to division (B) of this section receive~~	27711
~~nursing facility services under the alternative purchasing model~~	27712
(2) Specify the health care conditions that medicaid recipients	27713
must have to have specialized health care needs, which may include	27714
dependency on a ventilator, severe traumatic brain injury, the	27715
need to be admitted to a long-term acute care hospital or	27716
rehabilitation hospital if not for nursing facility services, and	27717
other serious health care conditions;	27718

(3) For each fiscal year, set the total per medicaid day	27719
payment rate for nursing facility services provided under the	27720
alternative purchasing model at either of the following:	27721

(a) Sixty per cent of the statewide average of the total per	27722
medicaid day payment rate for long-term acute care hospital	27723
services as of the first day of the fiscal year;	27724

(b) Another amount determined in accordance with an	27725
alternative methodology that includes improved health outcomes as	27726
a factor in determining the payment rate;	27727

(4) Require, to the extent the director considers necessary,	27728
a medicaid recipient to obtain prior authorization for admission	27729
to a long-term acute care hospital or rehabilitation hospital as a	27730
condition of medicaid payment for long-term acute care hospital or	27731
rehabilitation hospital services.	27732

~~The~~(B) The criteria established under division (A)(1) of	27733
this section shall provide for a discrete unit of a nursing	27734
facility to be excluded from the alternative purchasing model if	27735
the unit is paid for nursing facility services in accordance with	27736
section 5165.153, 5165.154, or 5165.156 of the Revised Code. The	27737
criteria may require the provider of a nursing facility that has a	27738
discrete unit designated for participation in the alternative	27739
purchasing model to report health outcome measurement data to the	27740
department of medicaid.	27741

(C) A discrete unit of a nursing facility that provides	27742
nursing facility services to medicaid recipients with specialized	27743
health care needs under the alternative purchasing model shall be	27744
paid for those services in accordance with division (A)(3) of this	27745
section instead of the total per ~~Medicaid~~medicaid day payment	27746
rate ~~for nursing facility services provided under the alternative~~	27747
~~purchasing model may differ from the rate that would otherwise be~~	27748
~~paid pursuant to Chapter 5165.~~determined under section 5165.15,	27749
5165.153, 5165.154, or 5165.156 of the Revised Code.	27750

Sec. 5165.23. (A) Each fiscal year, the department of	27751
medicaid shall determine the critical access incentive payment for	27752
each nursing facility that qualifies as a critical access nursing	27753
facility. To qualify as a critical access nursing facility for a	27754
fiscal year, a nursing facility must meet all of the following	27755
requirements:	27756

(1) The nursing facility must be located in an area that, on	27757
December 31, 2011, was designated an empowerment zone under the	27758
"Internal Revenue Code of 1986," section 1391, 26 U.S.C. 1391.	27759

(2) The nursing facility must have an occupancy rate of at	27760
least eighty-five per cent as of the last day of the calendar year	27761
immediately preceding the fiscal year.	27762

(3) The nursing facility must have a medicaid utilization	27763
rate of at least sixty-five per cent as of the last day of the	27764
calendar year immediately preceding the fiscal year.	27765

(4) The nursing facility must have been awarded at least five	27766
points for meeting accountability measures under section 5165.25	27767
of the Revised Code for the fiscal year and at least one of the	27768
five points must have been awarded for meeting the ~~following:~~	27769

~~(a) For fiscal year 2014, the accountability measures~~	27770
~~identified in divisions (C)(10), (11), (12), and (13) of section~~	27771
~~5165.25 of the Revised Code;~~	27772

~~(b) For fiscal year 2015 and each fiscal year thereafter, the~~	27773
accountability measures identified in divisions ~~(D)~~(C)(9), (10),	27774
(11), (12), and (14) of section 5165.25 of the Revised Code.	27775

(B) A critical access nursing facility's critical access	27776
incentive payment for a fiscal year shall equal five per cent of	27777
the portion of the nursing facility's total rate for the fiscal	27778
year that is the sum of the rates and payment identified in	27779
divisions (A)(1) to (4) and (6) of section 5165.15 of the Revised	27780
Code.	27781

Sec. 5165.25. (A) As used in this section:

27782

(1) "Complaint surveys" has the same meaning as in 42 C.F.R.	27783
488.30.	27784

(2) "Customer satisfaction survey" means the annual survey of	27785
long-term care facilities required by section 173.47 of the	27786
Revised Code.	27787

(3) "Deficiency" has the same meaning as in 42 C.F.R.	27788
488.301.	27789

(4) "Exempted hospital discharge" has the same meaning as in	27790
42 C.F.R. 483.106(b)(2)(i).	27791

(5) "Family satisfaction survey" means a customer	27792
satisfaction survey, or part of a customer satisfaction survey,	27793
that contains the results of information obtained from the	27794
families of a nursing facility's residents.	27795

(6) "Minimum data set" means the standardized, uniform	27796
comprehensive assessment of nursing facility residents that is	27797
used to identify potential problems, strengths, and preferences of	27798
residents and is part of the resident assessment instrument	27799
required by the "Social Security Act," section 1919(e)(5), 42	27800
U.S.C. 1396r(e)(5).	27801

(7) "Nurse aide" has the same meaning as in section 3721.21	27802
of the Revised Code.	27803

(8) "Person-centered method of medication delivery" means a	27804
method of delivering medication to a nursing facility resident	27805
that allows flexibility in the time at which medication is	27806
administered to the resident to reflect the resident's	27807
preferences. "Person-centered method of medication delivery" may	27808
include utilization of a locked medication cabinet in a nursing	27809
facility resident's room.	27810

(9) "Resident satisfaction survey" means a customer	27811
satisfaction survey, or part of a customer satisfaction survey,	27812
that contains the results of information obtained from a nursing	27813
facility's residents.	27814

~~(9) "Room mirror" means a mirror that is located in either of~~	27815
~~the following rooms:~~	27816

~~(a) A resident bathroom if the sink used by a resident after~~	27817
~~the resident uses the resident bathroom is in the resident~~	27818
~~bathroom;~~	27819

~~(b) A resident's room if the sink used by a resident after~~	27820
~~the resident uses the resident bathroom is in the resident's room.~~	27821

~~(10) "Room sink" means a sink that is located in either of~~	27822
~~the following rooms:~~	27823

~~(a) A resident bathroom if the sink used by a resident after~~	27824
~~the resident uses the resident bathroom is in the resident~~	27825
~~bathroom;~~	27826

~~(b) A resident's room if the sink used by a resident after~~	27827
~~the resident uses the resident bathroom is in the resident's room.~~	27828

~~(11)~~(10) "Standard survey" has the same meaning as in 42	27829
C.F.R. 488.301.	27830

~~(12)~~(11) "Special focus facility list" means the list of	27831
nursing facilities that the United States department of health and	27832
human services creates under the special focus facility program	27833
required by the "Social Security Act," section 1919(f)(10), 42	27834
U.S.C. 1396r(f)(10).	27835

~~(13)~~(12) "Substantial wall" means a permanent structure that	27836
reaches from floor to ceiling and divides a semiprivate room into	27837
two distinct living spaces, each with its own window.	27838

~~(14)~~(13) "Table B of the special focus facility list" means	27839
the table included in the special focus facility list that	27840
identifies nursing facilities that have not improved.	27841

(B)(1) Each fiscal year, the department of medicaid shall	27842
determine each nursing facility's quality incentive payment.	27843
Subject to ~~divisions~~division (B)(2) ~~and (3)~~ of this section, the	27844
per medicaid day amount of a quality incentive payment paid to a	27845
nursing facility provider shall be the product of the following:	27846

(a) The number of points the provider's nursing facility is	27847
awarded for meeting accountability measures under this section;	27848

(b) Three dollars and twenty-nine cents.

27849

(2) ~~The maximum quality incentive payment that may be paid to~~	27850
~~a nursing facility provider for fiscal year 2014 shall be sixteen~~	27851
~~dollars and forty-four cents per medicaid day.~~	27852

~~(3)~~ The maximum quality incentive payment that may be paid to	27853
a nursing facility provider for fiscal year 2015 and each fiscal	27854
year thereafter shall be the following:	27855

(a) Sixteen dollars and forty-four cents if at least one of	27856
the points awarded to the nursing facility for meeting	27857
accountability measures is for an accountability measure	27858
identified in division ~~(D)~~(C)(9), (10), (11), (12), (13), or (14)	27859
of this section;	27860

(b) Thirteen dollars and sixteen cents if division	27861
(B)~~(3)~~(2)(a) of this section does not apply.	27862

(C) ~~For fiscal year 2014 only and subject to division (E) of~~	27863
~~this section, the department shall award each nursing facility~~	27864
~~participating in the medicaid program one point for each of the~~	27865
~~following accountability measures the facility meets:~~	27866

~~(1) The facility's overall score on its resident satisfaction~~	27867
~~survey is at least eighty-six.~~	27868

~~(2) The facility's overall score on its family satisfaction~~	27869
~~survey is at least eighty-eight.~~	27870

~~(3) The facility satisfies the requirements for participation~~	27871
~~in the advancing excellence in America's nursing homes campaign.~~	27872

~~(4) The facility had neither of the following on the~~	27873
~~facility's most recent standard survey conducted not later than~~	27874
~~the last day of the calendar year immediately preceding the fiscal~~	27875
~~year for which the point is to be awarded or any complaint surveys~~	27876
~~conducted in the calendar year immediately preceding the fiscal~~	27877
~~year for which the point is to be awarded:~~	27878

~~(a) A health deficiency with a scope and severity level~~	27879
~~greater than F;~~	27880

~~(b) A deficiency that constitutes a substandard quality of~~	27881
~~care.~~	27882

~~(5) The facility offers at least fifty per cent of its~~	27883
~~residents at least one of the following dining choices for at~~	27884
~~least one meal each day:~~	27885

~~(a) Restaurant-style dining in which food is brought from the~~	27886
~~food preparation area to residents per the residents' orders;~~	27887

~~(b) Buffet-style dining in which residents obtain their own~~	27888
~~food, or have the facility's staff bring food to them per the~~	27889
~~residents' directions, from the buffet;~~	27890

~~(c) Family-style dining in which food is customarily served~~	27891
~~on a serving dish and shared by residents;~~	27892

~~(d) Open dining in which residents have at least a two-hour~~	27893
~~period to choose when to have a meal;~~	27894

~~(e) Twenty-four-hour dining in which residents may order~~	27895
~~meals from the facility any time of the day.~~	27896

~~(6) At least fifty per cent of the facility's residents are~~	27897
~~able to take a bath or shower as often as they choose.~~	27898

~~(7) The facility has at least both of the following scores on~~	27899
~~its resident satisfaction survey:~~	27900

~~(a) With regard to the question in the survey regarding~~	27901
~~residents' ability to choose when to go to bed in the evening, at~~	27902
~~least eighty-nine;~~	27903

~~(b) With regard to the question in the survey regarding~~	27904
~~residents' ability to choose when to get out of bed in the~~	27905
~~morning, at least seventy-six.~~	27906

~~(8) The facility has at least both of the following scores on~~	27907
~~its family satisfaction survey:~~	27908

~~(a) With regard to the question in the survey regarding~~	27909
~~residents' ability to choose when to go to bed in the evening, at~~	27910
~~least eighty-eight;~~	27911

~~(b) With regard to the question in the survey regarding~~	27912
~~residents' ability to choose when to get out of bed in the~~	27913
~~morning, at least seventy-five.~~	27914

~~(9) All of the following apply to the facility:~~

27915

~~(a) At least seventy-five per cent of the facility's~~	27916
~~residents have the opportunity, following admission to the~~	27917
~~facility and before completing or quarterly updating their~~	27918
~~individual plans of care, to discuss their goals for the care they~~	27919
~~are to receive at the facility, including their preferences for~~	27920
~~advance care planning, with a member of the residents' health care~~	27921
~~teams that the facility, residents, and residents' sponsors~~	27922
~~consider appropriate.~~	27923

~~(b) The facility records the residents' care goals, including~~	27924
~~the residents' advance care planning preferences, in their medical~~	27925
~~records.~~	27926

~~(c) The facility uses the residents' care goals, including~~	27927
~~the residents' advance care planning preferences, in the~~	27928
~~development of the residents' individual plans of care.~~	27929

~~(10) Not more than thirteen and thirty-five hundredths per~~	27930
~~cent of the facility's long-stay residents report severe to~~	27931
~~moderate pain during the minimum data set assessment process.~~	27932

~~(11) Not more than five and seventy-three hundredths per cent~~	27933
~~of the facility's long-stay, high-risk residents have been~~	27934
~~assessed as having one or more stage two, three, or four pressure~~	27935
~~ulcers during the minimum data set assessment process.~~	27936

~~(12) Not more than one and fifty-two hundredths per cent of~~	27937
~~the facility's long-stay residents were physically restrained as~~	27938
~~reported during the minimum data set assessment process.~~	27939

~~(13) Less than seven and seventy-eight hundredths per cent of~~	27940
~~the facility's long-stay residents had a urinary tract infection~~	27941
~~as reported during the minimum data set assessment process.~~	27942

(~~14) The facility uses a tool for tracking residents'~~	27943
~~admissions to hospitals.~~	27944

~~(15) An average of at least fifty per cent of the facility's~~	27945
~~medicaid-certified beds are in private rooms.~~	27946

~~(16) The facility has accessible resident bathrooms, all of~~	27947
~~which meet at least two of the following standards and at least~~	27948
~~some of which meet all of the following standards:~~	27949

~~(a) There are room mirrors that are accessible to residents~~	27950
~~in wheelchairs, can be adjusted so as to be visible to residents~~	27951
~~who are seated or standing, or both.~~	27952

~~(b) There are room sinks that are accessible to residents in~~	27953
~~wheelchairs and have clearance for wheelchairs.~~	27954

~~(c) There are room sinks that have faucets with adaptive or~~	27955
~~easy-to-use lever or paddle handles.~~	27956

~~(17) The facility does both of the following:~~

27957

~~(a) Maintains a written policy that prohibits the use of~~	27958
~~overhead paging systems or limits the use of overhead paging~~	27959
~~systems to emergencies, as defined in the policy;~~	27960

~~(b) Communicates the policy to its staff, residents, and~~	27961
~~families of residents.~~	27962

~~(18) The facility has a score of at least ninety on its~~	27963
~~resident satisfaction survey with regard to the question in the~~	27964
~~survey regarding residents' ability to personalize their rooms~~	27965
~~with personal belongings.~~	27966

~~(19) The facility has a score of at least ninety-five on its~~	27967
~~family satisfaction survey with regard to the question in the~~	27968
~~survey regarding residents' ability to personalize their rooms~~	27969
~~with personal belongings.~~	27970

~~(20) The facility does both of the following:~~

27971

~~(a) Maintains a written policy that requires consistent~~	27972
~~assignment of nurse aides and specifies the goal of having a~~	27973
~~resident receive nurse aide care from not more than eight~~	27974
~~different nurse aides during a thirty-day period;~~	27975

~~(b) Communicates the policy to its staff, residents, and~~	27976
~~families of residents.~~	27977

~~(21) The facility's staff retention rate is at least~~	27978
~~seventy-five per cent.~~	27979

~~(22) The facility's turnover rate for nurse aides is not~~	27980
~~higher than sixty-five per cent.~~	27981

~~(23) For at least fifty per cent of the resident care~~	27982
~~conferences in the facility, a nurse aide who is a primary~~	27983
~~caregiver for the resident attends and participates in the~~	27984
~~conference.~~	27985

~~(D)~~ For fiscal year 2015 and each fiscal year thereafter and	27986
subject to division ~~(E)~~(D) of this section, the department shall	27987
award each nursing facility participating in the medicaid program	27988
one point for each of the following accountability measures the	27989
facility meets:	27990

(1) The facility's overall score on its resident satisfaction	27991
survey is at least eighty-seven and five-tenths.	27992

(2) The facility's overall score on its family satisfaction	27993
survey is at least eighty-five and nine-tenths.	27994

(3) The facility satisfies the requirements for participation	27995
in the advancing excellence in America's nursing homes campaign.	27996

(4) Both of the following apply to the facility:

27997

(a) The facility had not been listed on table B of the	27998
special focus facility list for eighteen or more consecutive	27999
months during any time during the calendar year immediately	28000
preceding the fiscal year for which the point is to be awarded.	28001

(b) The facility had neither of the following on the	28002
facility's most recent standard survey conducted not later than	28003
the last day of the calendar year immediately preceding the fiscal	28004
year for which the point is to be awarded or any complaint surveys	28005
conducted in the calendar year immediately preceding the fiscal	28006
year for which the point is to be awarded:	28007

(i) A health deficiency with a scope and severity level	28008
greater than F;	28009

(ii) A deficiency that constitutes a substandard quality of	28010
care.	28011

(5) The facility does all of the following:

28012

(a) Offers at least fifty per cent of its residents at least	28013
one of the following dining choices for at least two meals each	28014
day:	28015

(i) Restaurant-style dining in which food is brought from the	28016
food preparation area to residents per the residents' orders;	28017

(ii) Buffet-style dining in which residents obtain their own	28018
food, or have the facility's staff bring food to them per the	28019
residents' directions, from the buffet;	28020

(iii) Family-style dining in which food is customarily served	28021
on a serving dish and shared by residents;	28022

(iv) Open dining in which residents have at least a two-hour	28023
period to choose when to have a meal;	28024

(v) Twenty-four-hour dining in which residents may order	28025
meals from the facility any time of the day.	28026

(b) Maintains a written policy specifying the manner or	28027
manners in which residents' dining choices for meals are offered;	28028

(c) Communicates the policy to its staff, residents, and	28029
families of residents.	28030

(6) The facility does all of the following:

28031

(a) Enables at least fifty per cent of the facility's	28032
residents to take a bath or shower when they choose;	28033

(b) Maintains a written policy regarding residents' choices	28034
in bathing;	28035

(c) Communicates the policy to its staff, residents, and	28036
families of residents.	28037

(7) The facility has at least both of the following scores on	28038
its resident satisfaction survey:	28039

(a) With regard to the question in the survey regarding	28040
residents' ability to choose when to go to bed in the evening, at	28041
least eighty-nine;	28042

(b) With regard to the question in the survey regarding	28043
residents' ability to choose when to get out of bed in the	28044
morning, at least seventy-six.	28045

(8) The facility has at least both of the following scores on	28046
its family satisfaction survey:	28047

(a) With regard to the question in the survey regarding	28048
residents' ability to choose when to go to bed in the evening, at	28049
least eighty-eight;	28050

(b) With regard to the question in the survey regarding	28051
residents' ability to choose when to get out of bed in the	28052
morning, at least seventy-five.	28053

(9) Not more than thirteen and thirty-five hundredths per	28054
cent of the facility's long-stay residents report severe to	28055
moderate pain during the minimum data set assessment process.	28056

(10) Not more than five and sixteen hundredths per cent of	28057
the facility's long-stay, high-risk residents have been assessed	28058
as having one or more stage two, three, or four pressure ulcers	28059
during the minimum data set assessment process.	28060

(11) Not more than one and fifty-two hundredths per cent of	28061
the facility's long-stay residents were physically restrained as	28062
reported during the minimum data set assessment process.	28063

(12) Less than seven per cent of the facility's long-stay	28064
residents had a urinary tract infection as reported during the	28065
minimum data set assessment process.	28066

(13) The facility does both of the following:

28067

(a) Uses a tool for tracking residents' admissions to	28068
hospitals;	28069

(b) Annually reports to the department data on hospital	28070
admissions by month for all residents.	28071

(14) Both of the following apply:

28072

(a) At least ninety-five per cent of the facility's long-stay	28073
residents are vaccinated against pneumococcal pneumonia, decline	28074
the vaccination, or are not vaccinated because the vaccination is	28075
medically contraindicated.	28076

(b) At least ninety-three per cent of the facility's	28077
long-stay residents are vaccinated against seasonal influenza,	28078
decline the vaccination, or are not vaccinated because the	28079
vaccination is medically contraindicated.	28080

(15) An average of at least fifty per cent of the facility's	28081
medicaid-certified beds are in either, or in a combination of	28082
both, of the following:	28083

(a) Private rooms;

28084

(b) Semiprivate rooms to which all of the following apply:

28085

(i) Each room provides a distinct territory for each resident	28086
occupying the room.	28087

(ii) Each distinct territory has a window and is separated by	28088
a substantial wall from the other distinct territories in the	28089
room.	28090

(iii) Each resident is able to enter and exit the distinct	28091
territory of the resident's room without entering or exiting	28092
another resident's distinct territory.	28093

(iv) Complete visual privacy for each distinct territory may	28094
be obtained by drawing a curtain or other screen.	28095

(16) The facility obtains at least a ninety-five per cent	28096
compliance rate with requesting resident reviews required by 42	28097
C.F.R. 483.106(b)(2)(ii) for individuals who are exempted hospital	28098
discharges.	28099

(17) The facility does both of the following:

28100

(a) Maintains a written policy that requires consistent	28101
assignment of nurse aides and specifies the goal of having a	28102
resident receive nurse aide care from not more than twelve	28103
different nurse aides during a thirty-day period;	28104

(b) Communicates the policy to its staff, residents, and	28105
families of residents.	28106

(18) The facility's staff retention rate is at least	28107
seventy-five per cent.	28108

(19) The facility's turnover rate for nurse aides is not	28109
higher than sixty-five per cent.	28110

(20) For at least fifty per cent of the resident care	28111
conferences in the facility, a nurse aide who is a primary	28112
caregiver for the resident attends and participates in the	28113
conference.	28114

(21) All of the following apply to the facility:

28115

(a) At least seventy-five per cent of the facility's	28116
residents have the opportunity, following admission to the	28117
facility and before completing or quarterly updating their	28118
individual plans of care, to discuss their goals for the care they	28119
are to receive at the facility, including their preferences for	28120
advance care planning, with a member of the residents' health care	28121
teams that the facility, residents, and residents' sponsors	28122
consider appropriate.	28123

(b) The facility records the residents' care goals, including	28124
the residents' advance care planning preferences, in their medical	28125
records.	28126

(c) The facility uses the residents' care goals, including	28127
the residents' advance care planning preferences, in the	28128
development of the residents' individual plans of care.	28129

(22) The facility does both of the following:

28130

(a) Maintains a written policy that prohibits the use of	28131
overhead paging systems or limits the use of overhead paging	28132
systems to emergencies, as defined in the policy;	28133

(b) Communicates the policy to its staff, residents, and	28134
families of residents.	28135

(23) The facility employs, for at least forty hours per week,	28136
at least one independent social worker or social worker licensed	28137
under Chapter 4757. of the Revised Code.	28138

(24) The facility utilizes a person-centered method of	28139
medication delivery for its residents instead of utilizing a	28140
medication cart to deliver medication to its residents.	28141

~~(E)~~(D)(1) To be awarded a point for meeting an accountability	28142
measure under division (C) ~~or (D)~~ of this section other than the	28143
accountability measure identified in ~~divisions (C)(4) and (D)~~	28144
division (C)(4)(b) of this section, a nursing facility must meet	28145
the accountability measure in the calendar year immediately	28146
preceding the fiscal year for which the point is to be awarded.	28147

(2) The department shall award points pursuant to divisions	28148
(C)(1)~~, (7), and (18) and (D)(1)~~ and (7) of this section to a	28149
nursing facility only if a resident satisfaction survey was	28150
initiated under section 173.47 of the Revised Code for the nursing	28151
facility in the calendar year immediately preceding the fiscal	28152
year for which the points are to be awarded.	28153

(3) The department shall award points pursuant to divisions	28154
(C)(2)~~, (8), and (19) and (D)(2)~~ and (8) of this section to a	28155
nursing facility only if a family satisfaction survey was	28156
initiated under section 173.47 of the Revised Code for the nursing	28157
facility in the calendar year immediately preceding the fiscal	28158
year for which the points are to be awarded.	28159

(4) The department shall award points pursuant to divisions	28160
~~(D)~~(C)(21) and (22) of this section only for fiscal year 2015.	28161

(5) ~~Not later than July 1, 2013, the department shall adjust~~	28162
~~the score used for the purpose of division (C)(8)(b) of this~~	28163
~~section in a manner that causes at least fifty per cent of nursing~~	28164
~~facilities to meet division (C)(8)(b) of this section~~The	28165
department shall award points pursuant to divisions (C)(23) and	28166
(24) of this section beginning in fiscal year 2016.	28167

~~(F) Not later than July 1, 2014, the department shall submit,~~	28168
~~in accordance with section 101.68 of the Revised Code,~~	28169
~~recommendations to the general assembly for accountability~~	28170
~~measures to replace the accountability measures identified in~~	28171
~~divisions (D)(21) and (22) of this section.~~	28172

~~(G) Rules adopted under section 5165.02 of the Revised Code~~	28173
~~may specify what is meant by "some" as that word is used in~~	28174
~~division (C)(16) of this section.~~	28175

Sec. 5165.65. (A) ~~At the conclusion of each~~A department of	28176
health survey team shall conclude each survey of a nursing	28177
facility not later than one business day after the survey team	28178
ceases to need to be on site at the facility for the survey. Not	28179
later than the day that the survey team concludes the survey, the	28180
~~department of health~~ survey team shall conduct an exit interview	28181
with the administrator or other person in charge of the ~~nursing~~	28182
facility and any other facility staff members designated by the	28183
administrator or person in charge of the facility. During the exit	28184
interview, at the request of the administrator or other person in	28185
charge of the facility, the survey team shall provide one of the	28186
following, as selected by the survey team:	28187

(1) Copies of all survey notes and any other written	28188
materials created during the survey;	28189

(2) A written summary of the survey team's recommendations	28190
regarding findings of noncompliance with certification	28191
requirements;	28192

(3) An audio or audiovisual recording of the interview. If	28193
the survey team selects this option, at least two copies of the	28194
recording shall be made and the survey team shall select one copy	28195
to be kept by the survey team for use by the department of health.	28196

(B) All expenses of copying under division (A)(1) of this	28197
section or recording under division (A)(3) of this section,	28198
including the cost of the copy of the recording kept by the survey	28199
team, shall be paid by the facility.	28200

Sec. 5165.68. (A) Not later than ten days after an exit	28201
interview, including an exit interview at which a department of	28202
health survey team discloses a finding that immediate jeopardy	28203
exists, the department of health shall deliver to the nursing	28204
facility a detailed statement, titled a statement of deficiencies,	28205
setting forth all findings and deficiencies cited on the basis of	28206
the survey, including any finding cited pursuant to division (E)	28207
of section 5165.66 of the Revised Code. The statement shall	28208
indicate the severity and scope level of each finding and fully	28209
describe the incidents or other facts that form the basis of the	28210
department's determination of the existence of each finding and	28211
deficiency. A failure by the survey team to completely disclose in	28212
the exit interview every finding that may result from the survey	28213
does not affect the validity of any finding or deficiency cited in	28214
the statement of deficiencies. On request of the facility, the	28215
department shall provide a copy of any written worksheet or other	28216
document produced by the survey team in making recommendations	28217
regarding scope and severity levels of findings and deficiencies.	28218

(B) At the same time the department of health delivers a	28219
statement of deficiencies, it also shall deliver to the facility a	28220
separate written notice that states all of the following:	28221

(1) That the department of medicaid or a contracting agency	28222
will issue an order under section 5165.84 of the Revised Code	28223
denying payment for any medicaid eligible residents admitted on	28224
and after the effective date of the order if the facility does not	28225
substantially correct, within ninety days after the exit	28226
interview, the deficiency or deficiencies cited in the statement	28227
of deficiencies in accordance with the plan of correction it	28228
submitted under section 5165.69 of the Revised Code;	28229

(2) If a condition of substandard care has been cited on the	28230
basis of a standard survey and a condition of substandard care was	28231
also cited on the immediately preceding standard survey, that the	28232
department of medicaid or a contracting agency will issue an order	28233
under section 5165.84 of the Revised Code denying payment for any	28234
medicaid eligible residents admitted on and after the effective	28235
date of the order if a condition of substandard care is cited on	28236
the basis of the next standard survey;	28237

(3) That the department of medicaid or a contracting agency	28238
will issue an order under section 5165.88 of the Revised Code	28239
terminating the facility's participation in the medicaid program	28240
if either of the following applies:	28241

(a) The facility does not substantially correct the	28242
deficiency or deficiencies in accordance with the plan of	28243
correction it submitted under section 5165.69 of the Revised Code	28244
within six months after the exit interview.	28245

(b) The facility substantially corrects the deficiency or	28246
deficiencies within the six-month period, but after correcting it,	28247
the department of health, based on a follow-up survey conducted	28248
during the remainder of the six-month period, determines that the	28249
facility has failed to maintain compliance with certification	28250
requirements.	28251

Sec. 5502.26. (A) The board of county commissioners of a	28252
county and the chief executive of all or a majority of the other	28253
political subdivisions within the county may enter into a written	28254
agreement establishing a countywide emergency management agency.	28255

A representative from each political subdivision entering	28256
into the agreement, selected by the political subdivision's chief	28257
executive, shall constitute a countywide advisory group for the	28258
purpose of appointing an executive committee under this ~~section~~	28259
division through which the countywide agency shall implement	28260
emergency management in the county in accordance with this ~~section~~	28261
division and for the purpose of advising the executive committee	28262
on matters pertaining to countywide emergency management. The	28263
executive committee shall consist of at least the following seven	28264
members: one county commissioner representing the board of county	28265
commissioners entering into the agreement; five chief executives	28266
representing the municipal corporations and townships entering	28267
into the agreement; and one nonelected representative. The	28268
countywide agreement shall specify how many additional members, if	28269
any, shall serve on the executive committee and their manner of	28270
selection.	28271

The agency shall be supported financially by the political	28272
subdivisions entering into the countywide agreement. The executive	28273
committee shall appoint a director/coordinator of emergency	28274
management who shall pursue and complete a professional	28275
development training program in accordance with rules adopted	28276
under section 5502.25 of the Revised Code. The	28277
director/coordinator of emergency management may be an official or	28278
employee of any political subdivision entering into the countywide	28279
agreement, except that the director/coordinator shall not be the	28280
chief executive of any such political subdivision.	28281

A countywide emergency management agency organized under this	28282
~~section~~division shall establish a program for emergency	28283
management that:	28284

(1) Is in accordance with sections 5502.21 to 5502.51 of the	28285
Revised Code, rules adopted under those sections, local ordinances	28286
pertaining to emergency management, the "Robert T. Stafford	28287
Disaster Relief and Emergency Assistance Act," 88 Stat. 143, 42	28288
U.S.C. 5121, et. seq., as amended, and all applicable rules and	28289
regulations adopted under that act;	28290

(2) Includes, without limitation, development of an	28291
all-hazards emergency operations plan that has been coordinated	28292
with all agencies, boards, and divisions having emergency	28293
management functions within the county;	28294

(3) Includes the preparation and conduct of an annual	28295
exercise of the county's all-hazards emergency operations plan;	28296

(4) Is applicable to all political subdivisions entering into	28297
the countywide agreement.	28298

The director/coordinator of emergency management for a	28299
countywide agency organized under this ~~section~~division shall be	28300
responsible for coordinating, organizing, administering, and	28301
operating emergency management in accordance with the agency's	28302
program established under this ~~section~~division, subject to the	28303
direction and control of the executive committee. All agencies,	28304
boards, and divisions having emergency management functions within	28305
each political subdivision within the county shall cooperate in	28306
the development of the all-hazards emergency operations plan and	28307
shall cooperate in the preparation and conduct of the annual	28308
exercise.	28309

(B) As an alternative to the creation of a countywide	28310
emergency management agency under division (A) of this section,	28311
the board of county commissioners of a county, by resolution, may	28312
enter into a contract, not to exceed four years, to implement a	28313
countywide emergency management program that meets the	28314
requirements and conditions specified in divisions (A)(1) to (3)	28315
of this section. The board shall enter into the contract with the	28316
county sheriff or a chief of a fire department that has countywide	28317
authority.	28318

The county commissioners shall financially support the	28319
sheriff or fire department chief pursuant to division (B) of	28320
section 5502.261 of the Revised Code.	28321

The sheriff or chief of a fire department shall appoint a	28322
director/coordinator of emergency management for the countywide	28323
emergency management program. The director/coordinator shall	28324
pursue and complete a professional development training program in	28325
accordance with rules adopted under section 5502.25 of the Revised	28326
Code. The director/coordinator is responsible for coordinating,	28327
organizing, administering, and operating emergency management in	28328
accordance with the program established under this division,	28329
subject to the direction of the sheriff or chief of a fire	28330
department. All agencies, boards, and divisions having emergency	28331
management functions within each political subdivision within the	28332
county shall cooperate in the development of the all-hazards	28333
emergency operations plan and shall cooperate in the preparation	28334
and conduct of the annual exercise.	28335

(C) Nothing in this section requires any political	28336
subdivision that is located within a county that has entered into	28337
a written agreement under division (A) of this section	28338
establishing a countywide emergency management agency to enter	28339
into that agreement, provided that the political subdivision has	28340
established a program for emergency management in accordance with	28341
section 5502.271 of the Revised Code.	28342

~~(C)~~(D) A countywide emergency management agency shall be	28343
considered a county board and shall receive the services of the	28344
auditor, treasurer, and prosecuting attorney of the county in the	28345
same manner as other county agencies, boards, or divisions.	28346

Sec. 5502.261. (A) A board of county commissioners that has	28347
entered into an agreement to establish a countywide emergency	28348
management agency may appropriate money from its general fund to	28349
support the functions and operations of the agency, including the	28350
development, acquisition, operation, and maintenance of a	28351
countywide public safety communication system and any	28352
communication devices, radios, and other equipment necessary for	28353
the system's operation and use. Money appropriated under this	28354
~~section~~division may be expended to purchase and maintain the	28355
assets or equipment of the agency, including equipment used by the	28356
personnel of other political subdivisions that have entered into	28357
the agreement with the board establishing the agency. Money also	28358
may be appropriated under this ~~section~~division directly to a	28359
political subdivision that has entered into the agreement with the	28360
board establishing the agency, to enable the political subdivision	28361
to purchase communication devices, radios, and other equipment	28362
necessary for the countywide public safety communication system's	28363
operation and use.	28364

(B) A board of county commissioners that has entered into a	28365
contract to establish a countywide emergency management program	28366
may appropriate money from its general fund to meet its	28367
obligations under the contract, including the development,	28368
acquisition, operation, and maintenance of a countywide public	28369
safety communication system and any communication devices, radios,	28370
and other equipment necessary for the system's operation and use.	28371
Money appropriated under this division may be expended to purchase	28372
and maintain the assets or equipment of the county or of the	28373
sheriff or chief of a fire department who has entered into the	28374
contract with the board, including equipment used by the personnel	28375
of the sheriff or chief. The board also may appropriate money	28376
under this division directly to the office of the sheriff or chief	28377
who has entered into the contract with the board, to enable the	28378
sheriff or chief to purchase communication devices, radios, and	28379
other equipment necessary for the countywide public safety	28380
communication system's operation and use.	28381

Sec. 5513.01. (A) ~~All~~The director of transportation shall	28382
make all purchases of machinery, materials, supplies, or other	28383
articles ~~that the director of transportation makes shall be~~ in the	28384
manner provided in this section. In all cases except those in	28385
which the director provides written authorization for purchases by	28386
district deputy directors of transportation, the director shall	28387
make all such purchases ~~shall be made~~ at the central office of the	28388
department of transportation in Columbus. Before making any	28389
purchase at that office, the director, as provided in this	28390
section, shall give notice to bidders of the director's intention	28391
to purchase. Where the expenditure does not exceed the amount	28392
applicable to the purchase of supplies specified in division (B)	28393
of section 125.05 of the Revised Code, as adjusted pursuant to	28394
division (D) of that section, the director shall give such notice	28395
as the director considers proper, or the director may make the	28396
purchase without notice. Where the expenditure exceeds the amount	28397
applicable to the purchase of supplies specified in division (B)	28398
of section 125.05 of the Revised Code, as adjusted pursuant to	28399
division (D) of that section, the director shall give notice by	28400
posting for not less than ten days a written, typed, or printed	28401
invitation to bidders on a bulletin board~~, which~~. The director	28402
shall ~~be located~~locate the notice in a place in the offices	28403
assigned to the department and open to the public during business	28404
hours. ~~Producers~~	28405

Producers or distributors of any product may notify the	28406
director, in writing, of the class of articles for the furnishing	28407
of which they desire to bid and their post-office addresses~~, in~~	28408
~~which case~~. In that circumstance, the director shall mail copies	28409
of all invitations to bidders relating to the purchase of such	28410
articles ~~shall be mailed~~ to such persons ~~by the director~~ by	28411
regular first class mail at least ten days prior to the time fixed	28412
for taking bids. The director also may mail copies of all	28413
invitations to bidders to news agencies or other agencies or	28414
organizations distributing information of this character. Requests	28415
for invitations ~~shall~~are not be valid ~~nor~~and do not require	28416
action by the director unless renewed by the director, either	28417
annually or after such shorter period as the director may	28418
prescribe by a general rule. ~~The~~	28419

The director shall include in an invitation to bidders ~~shall~~	28420
~~contain~~ a brief statement of the general character of the article	28421
that it is intended to purchase, the approximate quantity desired,	28422
and a statement of the time and place where bids will be received,	28423
and may relate to and describe as many different articles as the	28424
director thinks proper, it being the intent and purpose of this	28425
section to authorize the inclusion in a single invitation of as	28426
many different articles as the director desires to invite bids	28427
upon at any given time. ~~Invitations~~The director shall give	28428
invitations issued during each calendar year ~~shall be given~~	28429
consecutive numbers, and ensure that the number assigned to each	28430
invitation ~~shall appear~~appears on all copies thereof. In all	28431
cases where notice is required by this section, the director shall	28432
require sealed bids ~~shall be taken~~, on forms prescribed and	28433
furnished by the director~~, and~~. The director shall not permit the	28434
modification of bids after they have been opened ~~shall not be~~	28435
~~permitted~~.	28436

(B) The director may permit the Ohio turnpike and	28437
infrastructure commission, any political subdivision, and any	28438
state university or college to participate in contracts into which	28439
the director has entered for the purchase of machinery, materials,	28440
supplies, or other articles. The turnpike and infrastructure	28441
commission and any political subdivision or state university or	28442
college desiring to participate in such purchase contracts shall	28443
file with the director a certified copy of the bylaws or rules of	28444
the turnpike and infrastructure commission or the ordinance or	28445
resolution of the legislative authority, board of trustees, or	28446
other governing board requesting authorization to participate in	28447
such contracts and agreeing to be bound by such terms and	28448
conditions as the director prescribes. Purchases made by the	28449
turnpike and infrastructure commission, political subdivisions, or	28450
state universities or colleges under this division are exempt from	28451
any competitive bidding required by law for the purchase of	28452
machinery, materials, supplies, or other articles.	28453

28454

(1) "Political subdivision" means any county, township,	28455
municipal corporation, conservancy district, township park	28456
district, park district created under Chapter 1545. of the Revised	28457
Code, port authority, regional transit authority, regional airport	28458
authority, regional water and sewer district, county transit	28459
board, or school district as defined in section 5513.04 of the	28460
Revised Code, regional planning commission formed under section	28461
713.21 of the Revised Code, regional council of government formed	28462
under section 167.01 of the Revised Code, or other association of	28463
local governments established pursuant to an agreement under	28464
sections 307.14 to 307.19 of the Revised Code.	28465

(2) "State university or college" has the same meaning as in	28466
division (A)(1) of section 3345.32 of the Revised Code.	28467

(3) "Ohio turnpike and infrastructure commission" means the	28468
commission created by section 5537.02 of the Revised Code.	28469

Sec. 5531.10. (A) As used in this chapter:

28470

(1) "Bond proceedings" means the resolution, order, trust	28471
agreement, indenture, lease, lease-purchase agreements, and other	28472
agreements, amendments and supplements to the foregoing, or any	28473
one or more or combination thereof, authorizing or providing for	28474
the terms and conditions applicable to, or providing for the	28475
security or liquidity of, obligations issued pursuant to this	28476
section, and the provisions contained in such obligations.	28477

(2) "Bond service charges" means principal, including	28478
mandatory sinking fund requirements for retirement of obligations,	28479
and interest, and redemption premium, if any, required to be paid	28480
by the state on obligations.	28481

(3) "Bond service fund" means the applicable fund and	28482
accounts therein created for and pledged to the payment of bond	28483
service charges, which may be, or may be part of, the state	28484
infrastructure bank revenue bond service fund created by division	28485
(R) of this section including all moneys and investments, and	28486
earnings from investments, credited and to be credited thereto.	28487

(4) "Issuing authority" means the treasurer of state, or the	28488
officer who by law performs the functions of the treasurer of	28489
state.	28490

(5) "Obligations" means bonds, notes, or other evidence of	28491
obligation including interest coupons pertaining thereto, issued	28492
pursuant to this section.	28493

(6) "Pledged receipts" means moneys accruing to the state	28494
from the lease, lease-purchase, sale, or other disposition, or	28495
use, of qualified projects, and from the repayment, including	28496
interest, of loans made from proceeds received from the sale of	28497
obligations; accrued interest received from the sale of	28498
obligations; income from the investment of the special funds; any	28499
gifts, grants, donations, and pledges, and receipts therefrom,	28500
available for the payment of bond service charges; and any amounts	28501
in the state infrastructure bank pledged to the payment of such	28502
charges. If the amounts in the state infrastructure bank are	28503
insufficient for the payment of such charges, "pledged receipts"	28504
also means moneys that are apportioned by the United States	28505
secretary of transportation under United States Code, Title XXIII,	28506
as amended, or any successor legislation, or under any other	28507
federal law relating to aid for highways, and that are to be	28508
received as a grant by the state, to the extent the state is not	28509
prohibited by state or federal law from using such moneys and the	28510
moneys are pledged to the payment of such bond service charges.	28511

(7) "Special funds" or "funds" means, except where the	28512
context does not permit, the bond service fund, and any other	28513
funds, including reserve funds, created under the bond	28514
proceedings, and the state infrastructure bank revenue bond	28515
service fund created by division (R) of this section to the extent	28516
provided in the bond proceedings, including all moneys and	28517
investments, and earnings from investment, credited and to be	28518
credited thereto.	28519

(8) "State infrastructure project" means any public	28520
transportation project undertaken by the state, including, but not	28521
limited to, all components of any such project, as described in	28522
division (D) of section 5531.09 of the Revised Code.	28523

(9) "District obligations" means bonds, notes, or other	28524
evidence of obligation including interest coupons pertaining	28525
thereto, issued to finance a qualified project by a transportation	28526
improvement district created pursuant to section 5540.02 of the	28527
Revised Code, of which the principal, including mandatory sinking	28528
fund requirements for retirement of such obligations, and interest	28529
and redemption premium, if any, are payable by the department of	28530
transportation.	28531

(B) The issuing authority, after giving written notice to the	28532
director of budget and management and upon the certification by	28533
the director of transportation to the issuing authority of the	28534
amount of moneys or additional moneys needed either for state	28535
infrastructure projects or to provide financial assistance for any	28536
of the purposes for which the state infrastructure bank may be	28537
used under section 5531.09 of the Revised Code, or needed for	28538
capitalized interest, funding reserves, and paying costs and	28539
expenses incurred in connection with the issuance, carrying,	28540
securing, paying, redeeming, or retirement of the obligations or	28541
any obligations refunded thereby, including payment of costs and	28542
expenses relating to letters of credit, lines of credit,	28543
insurance, put agreements, standby purchase agreements, indexing,	28544
marketing, remarketing and administrative arrangements, interest	28545
swap or hedging agreements, and any other credit enhancement,	28546
liquidity, remarketing, renewal, or refunding arrangements, all of	28547
which are authorized by this section, shall issue obligations of	28548
the state under this section in the required amount. The proceeds	28549
of such obligations, except for the portion to be deposited in	28550
special funds, including reserve funds, as may be provided in the	28551
bond proceedings, shall as provided in the bond proceedings be	28552
credited to the infrastructure bank obligations fund of the state	28553
infrastructure bank created by section 5531.09 of the Revised Code	28554
and disbursed as provided in the bond proceedings for such	28555
obligations. The issuing authority may appoint trustees, paying	28556
agents, transfer agents, and authenticating agents, and may retain	28557
the services of financial advisors, accounting experts, and	28558
attorneys, and retain or contract for the services of marketing,	28559
remarketing, indexing, and administrative agents, other	28560
consultants, and independent contractors, including printing	28561
services, as are necessary in the issuing authority's judgment to	28562
carry out this section. The costs of such services are payable	28563
from funds of the state infrastructure bank or as otherwise	28564
provided in the bond proceedings.	28565

(C) The holders or owners of such obligations shall have no	28566
right to have moneys raised by taxation by the state of Ohio	28567
obligated or pledged, and moneys so raised shall not be obligated	28568
or pledged, for the payment of bond service charges. The right of	28569
such holders and owners to the payment of bond service charges is	28570
limited to all or that portion of the pledged receipts and those	28571
special funds pledged thereto pursuant to the bond proceedings for	28572
such obligations in accordance with this section, and each such	28573
obligation shall bear on its face a statement to that effect.	28574
Moneys received as repayment of loans made by the state	28575
infrastructure bank pursuant to section 5531.09 of the Revised	28576
Code shall not be considered moneys raised by taxation by the	28577
state of Ohio regardless of the source of the moneys.	28578

(D) Obligations shall be authorized by order of the issuing	28579
authority and the bond proceedings shall provide for the purpose	28580
thereof and the principal amount or amounts, and shall provide for	28581
or authorize the manner or agency for determining the principal	28582
maturity or maturities, not exceeding twenty-five years from the	28583
date of issuance or, with respect to obligations issued to finance	28584
a transportation facility pursuant to a public-private agreement,	28585
not exceeding forty-five years from the date of issuance, the	28586
interest rate or rates or the maximum interest rate, the date of	28587
the obligations and the dates of payment of interest thereon,	28588
their denomination, and the establishment within or without the	28589
state of a place or places of payment of bond service charges.	28590
Sections 9.98 to 9.983 of the Revised Code are applicable to	28591
obligations issued under this section. The purpose of such	28592
obligations may be stated in the bond proceedings in terms	28593
describing the general purpose or purposes to be served. The bond	28594
proceedings also shall provide, subject to the provisions of any	28595
other applicable bond proceedings, for the pledge of all, or such	28596
part as the issuing authority may determine, of the pledged	28597
receipts and the applicable special fund or funds to the payment	28598
of bond service charges, which pledges may be made either prior or	28599
subordinate to other expenses, claims, or payments, and may be	28600
made to secure the obligations on a parity with obligations	28601
theretofore or thereafter issued, if and to the extent provided in	28602
the bond proceedings. The pledged receipts and special funds so	28603
pledged and thereafter received by the state immediately are	28604
subject to the lien of such pledge without any physical delivery	28605
thereof or further act, and the lien of any such pledges is valid	28606
and binding against all parties having claims of any kind against	28607
the state or any governmental agency of the state, irrespective of	28608
whether such parties have notice thereof, and shall create a	28609
perfected security interest for all purposes of Chapter 1309. of	28610
the Revised Code, without the necessity for separation or delivery	28611
of funds or for the filing or recording of the bond proceedings by	28612
which such pledge is created or any certificate, statement, or	28613
other document with respect thereto; and the pledge of such	28614
pledged receipts and special funds is effective and the money	28615
therefrom and thereof may be applied to the purposes for which	28616
pledged without necessity for any act of appropriation. Every	28617
pledge, and every covenant and agreement made with respect	28618
thereto, made in the bond proceedings may therein be extended to	28619
the benefit of the owners and holders of obligations authorized by	28620
this section, and to any trustee therefor, for the further	28621
security of the payment of the bond service charges.	28622

For purposes of this division, "transportation facility" and	28623
"public-private agreement" have the same meanings as in section	28624
5501.70 of the Revised Code.	28625

(E) The bond proceedings may contain additional provisions as	28626
to:	28627

(1) The redemption of obligations prior to maturity at the	28628
option of the issuing authority at such price or prices and under	28629
such terms and conditions as are provided in the bond proceedings;	28630

(2) Other terms of the obligations;

28631

(3) Limitations on the issuance of additional obligations;

28632

(4) The terms of any trust agreement or indenture securing	28633
the obligations or under which the same may be issued;	28634

(5) The deposit, investment, and application of special	28635
funds, and the safeguarding of moneys on hand or on deposit,	28636
without regard to Chapter 131. or 135. of the Revised Code, but	28637
subject to any special provisions of this section with respect to	28638
particular funds or moneys, provided that any bank or trust	28639
company which acts as depository of any moneys in the special	28640
funds may furnish such indemnifying bonds or may pledge such	28641
securities as required by the issuing authority;	28642

(6) Any or every provision of the bond proceedings being	28643
binding upon such officer, board, commission, authority, agency,	28644
department, or other person or body as may from time to time have	28645
the authority under law to take such actions as may be necessary	28646
to perform all or any part of the duty required by such provision;	28647

(7) Any provision that may be made in a trust agreement or	28648
indenture;	28649

(8) Any other or additional agreements with the holders of	28650
the obligations, or the trustee therefor, relating to the	28651
obligations or the security therefor, including the assignment of	28652
mortgages or other security relating to financial assistance for	28653
qualified projects under section 5531.09 of the Revised Code.	28654

(F) The obligations may have the great seal of the state or a	28655
facsimile thereof affixed thereto or printed thereon. The	28656
obligations and any coupons pertaining to obligations shall be	28657
signed or bear the facsimile signature of the issuing authority.	28658
Any obligations or coupons may be executed by the person who, on	28659
the date of execution, is the proper issuing authority although on	28660
the date of such bonds or coupons such person was not the issuing	28661
authority. In case the issuing authority whose signature or a	28662
facsimile of whose signature appears on any such obligation or	28663
coupon ceases to be the issuing authority before delivery thereof,	28664
such signature or facsimile nevertheless is valid and sufficient	28665
for all purposes as if the former issuing authority had remained	28666
the issuing authority until such delivery; and in case the seal to	28667
be affixed to obligations has been changed after a facsimile of	28668
the seal has been imprinted on such obligations, such facsimile	28669
seal shall continue to be sufficient as to such obligations and	28670
obligations issued in substitution or exchange therefor.	28671

(G) All obligations are negotiable instruments and securities	28672
under Chapter 1308. of the Revised Code, subject to the provisions	28673
of the bond proceedings as to registration. The obligations may be	28674
issued in coupon or in registered form, or both, as the issuing	28675
authority determines. Provision may be made for the registration	28676
of any obligations with coupons attached thereto as to principal	28677
alone or as to both principal and interest, their exchange for	28678
obligations so registered, and for the conversion or reconversion	28679
into obligations with coupons attached thereto of any obligations	28680
registered as to both principal and interest, and for reasonable	28681
charges for such registration, exchange, conversion, and	28682
reconversion.	28683

(H) Obligations may be sold at public sale or at private	28684
sale, as determined in the bond proceedings.	28685

(I) Pending preparation of definitive obligations, the	28686
issuing authority may issue interim receipts or certificates which	28687
shall be exchanged for such definitive obligations.	28688

(J) In the discretion of the issuing authority, obligations	28689
may be secured additionally by a trust agreement or indenture	28690
between the issuing authority and a corporate trustee which may be	28691
any trust company or bank ~~having~~possessing corporate trust powers	28692
that has a place of business within or without the state. Any such	28693
agreement or indenture may contain the order authorizing the	28694
issuance of the obligations, any provisions that may be contained	28695
in any bond proceedings, and other provisions which are customary	28696
or appropriate in an agreement or indenture of such type,	28697
including, but not limited to:	28698

(1) Maintenance of each pledge, trust agreement, indenture,	28699
or other instrument comprising part of the bond proceedings until	28700
the state has fully paid the bond service charges on the	28701
obligations secured thereby, or provision therefor has been made;	28702

(2) In the event of default in any payments required to be	28703
made by the bond proceedings, or any other agreement of the	28704
issuing authority made as a part of the contract under which the	28705
obligations were issued, enforcement of such payments or agreement	28706
by mandamus, the appointment of a receiver, suit in equity, action	28707
at law, or any combination of the foregoing;	28708

(3) The rights and remedies of the holders of obligations and	28709
of the trustee, and provisions for protecting and enforcing them,	28710
including limitations on the rights of individual holders of	28711
obligations;	28712

(4) The replacement of any obligations that become mutilated	28713
or are destroyed, lost, or stolen;	28714

(5) Such other provisions as the trustee and the issuing	28715
authority agree upon, including limitations, conditions, or	28716
qualifications relating to any of the foregoing.	28717

(K) Any holder of obligations or a trustee under the bond	28718
proceedings, except to the extent that the holder's or trustee's	28719
rights are restricted by the bond proceedings, may by any suitable	28720
form of legal proceedings, protect and enforce any rights under	28721
the laws of this state or granted by such bond proceedings. Such	28722
rights include the right to compel the performance of all duties	28723
of the issuing authority and the director of transportation	28724
required by the bond proceedings or sections 5531.09 and 5531.10	28725
of the Revised Code; to enjoin unlawful activities; and in the	28726
event of default with respect to the payment of any bond service	28727
charges on any obligations or in the performance of any covenant	28728
or agreement on the part of the issuing authority or the director	28729
of transportation in the bond proceedings, to apply to a court	28730
having jurisdiction of the cause to appoint a receiver to receive	28731
and administer the pledged receipts and special funds, other than	28732
those in the custody of the treasurer of state, which are pledged	28733
to the payment of the bond service charges on such obligations or	28734
which are the subject of the covenant or agreement, with full	28735
power to pay, and to provide for payment of bond service charges	28736
on, such obligations, and with such powers, subject to the	28737
direction of the court, as are accorded receivers in general	28738
equity cases, excluding any power to pledge additional revenues or	28739
receipts or other income or moneys of the state or local	28740
governmental entities, or agencies thereof, to the payment of such	28741
principal and interest and excluding the power to take possession	28742
of, mortgage, or cause the sale or otherwise dispose of any	28743
project facilities.	28744

Each duty of the issuing authority and the issuing	28745
authority's officers and employees, and of each state or local	28746
governmental agency and its officers, members, or employees,	28747
undertaken pursuant to the bond proceedings or any loan, loan	28748
guarantee, lease, lease-purchase agreement, or other agreement	28749
made under authority of section 5531.09 of the Revised Code, and	28750
in every agreement by or with the issuing authority, is hereby	28751
established as a duty of the issuing authority, and of each such	28752
officer, member, or employee having authority to perform such	28753
duty, specifically enjoined by the law resulting from an office,	28754
trust, or station within the meaning of section 2731.01 of the	28755
Revised Code.	28756

The person who is at the time the issuing authority, or the	28757
issuing authority's officers or employees, are not liable in their	28758
personal capacities on any obligations issued by the issuing	28759
authority or any agreements of or with the issuing authority.	28760

(L) The issuing authority may authorize and issue obligations	28761
for the refunding, including funding and retirement, and advance	28762
refunding with or without payment or redemption prior to maturity,	28763
of any obligations previously issued by the issuing authority or	28764
district obligations. Such refunding obligations may be issued in	28765
amounts sufficient for payment of the principal amount of the	28766
prior obligations or district obligations, any redemption premiums	28767
thereon, principal maturities of any such obligations or district	28768
obligations maturing prior to the redemption of the remaining	28769
obligations or district obligations on a parity therewith,	28770
interest accrued or to accrue to the maturity dates or dates of	28771
redemption of such obligations or district obligations, and any	28772
expenses incurred or to be incurred in connection with such	28773
issuance and such refunding, funding, and retirement. Subject to	28774
the bond proceedings therefor, the portion of proceeds of the sale	28775
of refunding obligations issued under this division to be applied	28776
to bond service charges on the prior obligations or district	28777
obligations shall be credited to an appropriate account held by	28778
the trustee for such prior or new obligations or to the	28779
appropriate account in the bond service fund for such obligations	28780
or district obligations. Obligations authorized under this	28781
division shall be deemed to be issued for those purposes for which	28782
such prior obligations or district obligations were issued and are	28783
subject to the provisions of this section pertaining to other	28784
obligations, except as otherwise provided in this section. The	28785
last maturity of obligations authorized under this division shall	28786
not be later than ~~twenty-five years from the date of issuance~~the	28787
latest permitted maturity of the original securities issued for	28788
the original purpose.	28789

(M) The authority to issue obligations under this section	28790
includes authority to issue obligations in the form of bond	28791
anticipation notes and to renew the same from time to time by the	28792
issuance of new notes. The holders of such notes or interest	28793
coupons pertaining thereto shall have a right to be paid solely	28794
from the pledged receipts and special funds that may be pledged to	28795
the payment of the bonds anticipated, or from the proceeds of such	28796
bonds or renewal notes, or both, as the issuing authority provides	28797
in the order authorizing such notes. Such notes may be	28798
additionally secured by covenants of the issuing authority to the	28799
effect that the issuing authority and the state will do such or	28800
all things necessary for the issuance of such bonds or renewal	28801
notes in the appropriate amount, and apply the proceeds thereof to	28802
the extent necessary, to make full payment of the principal of and	28803
interest on such notes at the time or times contemplated, as	28804
provided in such order. For such purpose, the issuing authority	28805
may issue bonds or renewal notes in such principal amount and upon	28806
such terms as may be necessary to provide funds to pay when	28807
required the principal of and interest on such notes,	28808
notwithstanding any limitations prescribed by or for purposes of	28809
this section. Subject to this division, all provisions for and	28810
references to obligations in this section are applicable to notes	28811
authorized under this division.	28812

The issuing authority in the bond proceedings authorizing the	28813
issuance of bond anticipation notes shall set forth for such bonds	28814
an estimated interest rate and a schedule of principal payments	28815
for such bonds and the annual maturity dates thereof.	28816

(N) Obligations issued under this section are lawful	28817
investments for banks, societies for savings, savings and loan	28818
associations, deposit guarantee associations, trust companies,	28819
trustees, fiduciaries, insurance companies, including domestic for	28820
life and domestic not for life, trustees or other officers having	28821
charge of sinking and bond retirement or other special funds of	28822
political subdivisions and taxing districts of this state, the	28823
commissioners of the sinking fund of the state, the administrator	28824
of workers' compensation, the state teachers retirement system,	28825
the public employees retirement system, the school employees	28826
retirement system, and the Ohio police and fire pension fund,	28827
notwithstanding any other provisions of the Revised Code or rules	28828
adopted pursuant thereto by any agency of the state with respect	28829
to investments by them, and are also acceptable as security for	28830
the deposit of public moneys.	28831

(O) Unless otherwise provided in any applicable bond	28832
proceedings, moneys to the credit of or in the special funds	28833
established by or pursuant to this section may be invested by or	28834
on behalf of the issuing authority only in notes, bonds, or other	28835
obligations of the United States, or of any agency or	28836
instrumentality of the United States, obligations guaranteed as to	28837
principal and interest by the United States, obligations of this	28838
state or any political subdivision of this state, and certificates	28839
of deposit of any national bank located in this state and any	28840
bank, as defined in section 1101.01 of the Revised Code, subject	28841
to inspection by the superintendent of financial institutions. If	28842
the law or the instrument creating a trust pursuant to division	28843
(J) of this section expressly permits investment in direct	28844
obligations of the United States or an agency of the United	28845
States, unless expressly prohibited by the instrument, such moneys	28846
also may be invested in no-front-end-load money market mutual	28847
funds consisting exclusively of obligations of the United States	28848
or an agency of the United States and in repurchase agreements,	28849
including those issued by the fiduciary itself, secured by	28850
obligations of the United States or an agency of the United	28851
States; and in collective investment funds as defined in division	28852
(A) of section 1111.01 of the Revised Code and consisting	28853
exclusively of any such securities. The income from such	28854
investments shall be credited to such funds as the issuing	28855
authority determines, and such investments may be sold at such	28856
times as the issuing authority determines or authorizes.	28857

(P) Provision may be made in the applicable bond proceedings	28858
for the establishment of separate accounts in the bond service	28859
fund and for the application of such accounts only to the	28860
specified bond service charges on obligations pertinent to such	28861
accounts and bond service fund and for other accounts therein	28862
within the general purposes of such fund. Unless otherwise	28863
provided in any applicable bond proceedings, moneys to the credit	28864
of or in the several special funds established pursuant to this	28865
section shall be disbursed on the order of the treasurer of state,	28866
provided that no such order is required for the payment from the	28867
bond service fund when due of bond service charges on obligations.	28868

(Q)(1) The issuing authority may pledge all, or such portion	28869
as the issuing authority determines, of the pledged receipts to	28870
the payment of bond service charges on obligations issued under	28871
this section, and for the establishment and maintenance of any	28872
reserves, as provided in the bond proceedings, and make other	28873
provisions therein with respect to pledged receipts as authorized	28874
by this chapter, which provisions are controlling notwithstanding	28875
any other provisions of law pertaining thereto.	28876

(2) An action taken under division (Q)(2) of this section	28877
does not limit the generality of division (Q)(1) of this section,	28878
and is subject to division (C) of this section and, if and to the	28879
extent otherwise applicable, Section 13 of Article VIII, Ohio	28880
Constitution. The bond proceedings may contain a covenant that, in	28881
the event the pledged receipts primarily pledged and required to	28882
be used for the payment of bond service charges on obligations	28883
issued under this section, and for the establishment and	28884
maintenance of any reserves, as provided in the bond proceedings,	28885
are insufficient to make any such payment in full when due, or to	28886
maintain any such reserve, the director of transportation shall so	28887
notify the governor, and shall determine to what extent, if any,	28888
the payment may be made or moneys may be restored to the reserves	28889
from lawfully available moneys previously appropriated for that	28890
purpose to the department of transportation. The covenant also may	28891
provide that if the payments are not made or the moneys are not	28892
immediately and fully restored to the reserves from such moneys,	28893
the director shall promptly submit to the governor and to the	28894
director of budget and management a written request for either or	28895
both of the following:	28896

(a) That the next biennial budget submitted by the governor	28897
to the general assembly include an amount to be appropriated from	28898
lawfully available moneys to the department for the purpose of and	28899
sufficient for the payment in full of bond service charges	28900
previously due and for the full replenishment of the reserves;	28901

(b) That the general assembly be requested to increase	28902
appropriations from lawfully available moneys for the department	28903
in the current biennium sufficient for the purpose of and for the	28904
payment in full of bond service charges previously due and to come	28905
due in the biennium and for the full replenishment of the	28906
reserves.	28907

The director of transportation shall include with such	28908
requests a recommendation that the payment of the bond service	28909
charges and the replenishment of the reserves be made in the	28910
interest of maximizing the benefits of the state infrastructure	28911
bank. Any such covenant shall not obligate or purport to obligate	28912
the state to pay the bond service charges on such bonds or notes	28913
or to deposit moneys in a reserve established for such payments	28914
other than from moneys that may be lawfully available and	28915
appropriated for that purpose during the then-current biennium.	28916

(R) There is hereby created the state infrastructure bank	28917
revenue bond service fund, which shall be in the custody of the	28918
treasurer of state but shall not be a part of the state treasury.	28919
All moneys received by or on account of the issuing authority or	28920
state agencies and required by the applicable bond proceedings,	28921
consistent with this section, to be deposited, transferred, or	28922
credited to the bond service fund, and all other moneys	28923
transferred or allocated to or received for the purposes of the	28924
fund, shall be deposited and credited to such fund and to any	28925
separate accounts therein, subject to applicable provisions of the	28926
bond proceedings, but without necessity for any act of	28927
appropriation. The state infrastructure bank revenue bond service	28928
fund is a trust fund and is hereby pledged to the payment of bond	28929
service charges to the extent provided in the applicable bond	28930
proceedings, and payment thereof from such fund shall be made or	28931
provided for by the treasurer of state in accordance with such	28932
bond proceedings without necessity for any act of appropriation.	28933

(S) The obligations issued pursuant to this section, the	28934
transfer thereof, and the income therefrom, including any profit	28935
made on the sale thereof, shall at all times be free from taxation	28936
within this state.	28937

Sec. 5703.052. (A) There is hereby created in the state	28938
treasury the tax refund fund, from which refunds shall be paid for	28939
taxes illegally or erroneously assessed or collected, or for any	28940
other reason overpaid, that are levied by Chapter 4301., 4305.,	28941
5726., 5728., 5729., 5731., 5733., 5735., 5736., 5739., 5741.,	28942
5743., 5747., 5748., 5749., 5751., or 5753. and sections 3737.71,	28943
3905.35, 3905.36, 4303.33, 5707.03, 5725.18, 5727.28, 5727.38,	28944
5727.81, and 5727.811 of the Revised Code. Refunds for fees or	28945
wireless 9-1-1 charges illegally or erroneously assessed or	28946
collected, or for any other reason overpaid, that are levied by	28947
sections 128.42 or 3734.90 to 3734.9014 of the Revised Code also	28948
shall be paid from the fund. Refunds for amounts illegally or	28949
erroneously assessed or collected by the tax commissioner, or for	28950
any other reason overpaid, that are due under section 1509.50 of	28951
the Revised Code shall be paid from the fund. However, refunds for	28952
taxes levied under section 5739.101 of the Revised Code shall not	28953
be paid from the tax refund fund, but shall be paid as provided in	28954
section 5739.104 of the Revised Code.	28955

(B)(1) Upon certification by the tax commissioner to the	28956
treasurer of state of a tax refund, a wireless 9-1-1 charge	28957
refund, or another amount refunded, or by the superintendent of	28958
insurance of a domestic or foreign insurance tax refund, the	28959
treasurer of state shall place the amount certified to the credit	28960
of the fund. The certified amount transferred shall be derived	28961
from the receipts of the same tax, fee, wireless 9-1-1 charge, or	28962
other amount from which the refund arose.	28963

(2) When a refund is for a tax, fee, wireless 9-1-1 charge,	28964
or other amount that is not levied by the state or that was	28965
illegally or erroneously distributed to a taxing jurisdiction, the	28966
tax commissioner shall recover the amount of that refund from the	28967
next distribution of that tax, fee, wireless 9-1-1 charge, or	28968
other amount that otherwise would be made to the taxing	28969
jurisdiction. If the amount to be recovered would exceed	28970
twenty-five per cent of the next distribution of that tax, fee,	28971
wireless 9-1-1 charge, or other amount, the commissioner may	28972
spread the recovery over more than one future distribution, taking	28973
into account the amount to be recovered and the amount of the	28974
anticipated future distributions. In no event may the commissioner	28975
spread the recovery over a period to exceed ~~twenty-four~~thirty-six	28976
months.	28977

Sec. 5703.21. (A) Except as provided in divisions (B) and	28978
(C) of this section, no agent of the department of taxation,	28979
except in the agent's report to the department or when called on	28980
to testify in any court or proceeding, shall divulge any	28981
information acquired by the agent as to the transactions,	28982
property, or business of any person while acting or claiming to	28983
act under orders of the department. Whoever violates this	28984
provision shall thereafter be disqualified from acting as an	28985
officer or employee or in any other capacity under appointment or	28986
employment of the department.	28987

(B)(1) For purposes of an audit pursuant to section 117.15 of	28988
the Revised Code, or an audit of the department pursuant to	28989
Chapter 117. of the Revised Code, or an audit, pursuant to that	28990
chapter, the objective of which is to express an opinion on a	28991
financial report or statement prepared or issued pursuant to	28992
division (A)(7) or (9) of section 126.21 of the Revised Code, the	28993
officers and employees of the auditor of state charged with	28994
conducting the audit shall have access to and the right to examine	28995
any state tax returns and state tax return information in the	28996
possession of the department to the extent that the access and	28997
examination are necessary for purposes of the audit. Any	28998
information acquired as the result of that access and examination	28999
shall not be divulged for any purpose other than as required for	29000
the audit or unless the officers and employees are required to	29001
testify in a court or proceeding under compulsion of legal	29002
process. Whoever violates this provision shall thereafter be	29003
disqualified from acting as an officer or employee or in any other	29004
capacity under appointment or employment of the auditor of state.	29005

(2) For purposes of an internal audit pursuant to section	29006
126.45 of the Revised Code, the officers and employees of the	29007
office of internal audit in the office of budget and management	29008
charged with directing the internal audit shall have access to and	29009
the right to examine any state tax returns and state tax return	29010
information in the possession of the department to the extent that	29011
the access and examination are necessary for purposes of the	29012
internal audit. Any information acquired as the result of that	29013
access and examination shall not be divulged for any purpose other	29014
than as required for the internal audit or unless the officers and	29015
employees are required to testify in a court or proceeding under	29016
compulsion of legal process. Whoever violates this provision shall	29017
thereafter be disqualified from acting as an officer or employee	29018
or in any other capacity under appointment or employment of the	29019
office of internal audit.	29020

(3) As provided by section 6103(d)(2) of the Internal Revenue	29021
Code, any federal tax returns or federal tax information that the	29022
department has acquired from the internal revenue service, through	29023
federal and state statutory authority, may be disclosed to the	29024
auditor of state or the office of internal audit solely for	29025
purposes of an audit of the department.	29026

(4) For purposes of Chapter 3739. of the Revised Code, an	29027
agent of the department of taxation may share information with the	29028
division of state fire marshal that the agent finds during the	29029
course of an investigation.	29030

(C) Division (A) of this section does not prohibit any of the	29031
following:	29032

(1) Divulging information contained in applications,	29033
complaints, and related documents filed with the department under	29034
section 5715.27 of the Revised Code or in applications filed with	29035
the department under section 5715.39 of the Revised Code;	29036

(2) Providing information to the office of child support	29037
within the department of job and family services pursuant to	29038
section 3125.43 of the Revised Code;	29039

(3) Disclosing to the motor vehicle repair board any	29040
information in the possession of the department that is necessary	29041
for the board to verify the existence of an applicant's valid	29042
vendor's license and current state tax identification number under	29043
section 4775.07 of the Revised Code;	29044

(4) Providing information to the administrator of workers'	29045
compensation pursuant to sections 4123.271 and 4123.591 of the	29046
Revised Code;	29047

(5) Providing to the attorney general information the	29048
department obtains under division (J) of section 1346.01 of the	29049
Revised Code;	29050

(6) Permitting properly authorized officers, employees, or	29051
agents of a municipal corporation from inspecting reports or	29052
information pursuant to rules adopted under section 5745.16 of the	29053
Revised Code;	29054

(7) Providing information regarding the name, account number,	29055
or business address of a holder of a vendor's license issued	29056
pursuant to section 5739.17 of the Revised Code, a holder of a	29057
direct payment permit issued pursuant to section 5739.031 of the	29058
Revised Code, or a seller having a use tax account maintained	29059
pursuant to section 5741.17 of the Revised Code, or information	29060
regarding the active or inactive status of a vendor's license,	29061
direct payment permit, or seller's use tax account;	29062

(8) Releasing invoices or invoice information furnished under	29063
section 4301.433 of the Revised Code pursuant to that section;	29064

(9) Providing to a county auditor notices or documents	29065
concerning or affecting the taxable value of property in the	29066
county auditor's county. Unless authorized by law to disclose	29067
documents so provided, the county auditor shall not disclose such	29068
documents;	29069

(10) Providing to a county auditor sales or use tax return or	29070
audit information under section 333.06 of the Revised Code;	29071

(11) Subject to section 4301.441 of the Revised Code,	29072
disclosing to the appropriate state agency information in the	29073
possession of the department of taxation that is necessary to	29074
verify a permit holder's gallonage or noncompliance with taxes	29075
levied under Chapter 4301. or 4305. of the Revised Code;	29076

(12) Disclosing to the department of natural resources	29077
information in the possession of the department of taxation that	29078
is necessary for the department of taxation to verify the	29079
taxpayer's compliance with section 5749.02 of the Revised Code or	29080
to allow the department of natural resources to enforce Chapter	29081
1509. of the Revised Code;	29082

(13) Disclosing to the department of job and family services,	29083
industrial commission, and bureau of workers' compensation	29084
information in the possession of the department of taxation solely	29085
for the purpose of identifying employers that misclassify	29086
employees as independent contractors or that fail to properly	29087
report and pay employer tax liabilities. The department of	29088
taxation shall disclose only such information that is necessary to	29089
verify employer compliance with law administered by those	29090
agencies.	29091

(14) Disclosing to the Ohio casino control commission	29092
information in the possession of the department of taxation that	29093
is necessary to verify a casino operator's compliance with section	29094
5747.063 or 5753.02 of the Revised Code and sections related	29095
thereto;	29096

(15) Disclosing to the state lottery commission information	29097
in the possession of the department of taxation that is necessary	29098
to verify a lottery sales agent's compliance with section 5747.064	29099
of the Revised Code;	29100

(16) Providing to a board of county commissioners any sales	29101
or use tax return or audit information necessary to verify	29102
vendors' compliance with any taxes levied by the county under	29103
Chapter 5739. or 5741. of the Revised Code.	29104

Sec. 5705.10. (A) All revenue derived from the general levy	29105
for current expense within the ten-mill limitation, from any	29106
general levy for current expense authorized by vote in excess of	29107
the ten-mill limitation, and from sources other than the general	29108
property tax, unless its use for a particular purpose is	29109
prescribed by law, shall be paid into the general fund.	29110

(B) All revenue derived from general or special levies for	29111
debt charges, whether within or in excess of the ten-mill	29112
limitation, which is levied for the debt charges on serial bonds,	29113
notes, or certificates of indebtedness having a life less than	29114
five years, shall be paid into the bond retirement fund; and all	29115
such revenue which is levied for the debt charges on all other	29116
bonds, notes, or certificates of indebtedness shall be paid into	29117
the sinking fund.	29118

(C) All revenue derived from a special levy shall be credited	29119
to a special fund for the purpose for which the levy was made.	29120

(D) Except as otherwise provided by resolution adopted	29121
pursuant to section 3315.01 of the Revised Code, all revenue	29122
derived from a source other than the general property tax and	29123
which the law prescribes shall be used for a particular purpose,	29124
shall be paid into a special fund for such purpose. Except as	29125
otherwise provided by resolution adopted pursuant to section	29126
3315.01 of the Revised Code or as otherwise provided by section	29127
3315.40 of the Revised Code, all revenue derived from a source	29128
other than the general property tax, for which the law does not	29129
prescribe use for a particular purpose, including interest earned	29130
on the principal of any special fund, regardless of the source or	29131
purpose of the principal, shall be paid into the general fund.	29132

(E) All proceeds from the sale of public obligations or	29133
fractionalized interests in public obligations as defined in	29134
section 133.01 of the Revised Code, except premium and accrued	29135
interest, shall be paid into a special fund for the purpose of	29136
such issue, and any interest and other income earned on money in	29137
such special fund may be used for the purposes for which the	29138
indebtedness was authorized or may be credited to the general fund	29139
or other fund or account as the taxing authority authorizes and	29140
used for the purposes of that fund or account. The premium and	29141
accrued interest received from such sale shall be paid into the	29142
sinking fund or the bond retirement fund of the subdivision.	29143

(F) Except as provided in divisions (G) and (H) of this	29144
section, if a permanent improvement of the subdivision is sold,	29145
the amount received from the sale shall be paid into the sinking	29146
fund, the bond retirement fund, or a special fund for the	29147
construction or acquisition of permanent improvements; provided	29148
that the proceeds from the sale of a public utility shall be paid	29149
into the sinking fund or bond retirement fund to the extent	29150
necessary to provide for the retirement of the outstanding	29151
indebtedness incurred in the construction or acquisition of such	29152
utility. Proceeds from the sale of property other than a permanent	29153
improvement shall be paid into the fund from which such property	29154
was acquired or is maintained or, if there is no such fund, into	29155
the general fund.	29156

(G) A township that has a population greater than fifteen	29157
thousand according to the most recent federal decennial census and	29158
that has declared one or more improvements in the township to be a	29159
public purpose under section 5709.73 of the Revised Code may pay	29160
proceeds from the sale of a permanent improvement of the township	29161
into its general fund if both of the following conditions are	29162
satisfied:	29163

(1) The township fiscal officer determines that all	29164
foreseeable public infrastructure improvements, as defined in	29165
section 5709.40 of the Revised Code, to be made in the township in	29166
the ten years immediately following the date the permanent	29167
improvement is sold will have been financed through resolutions	29168
adopted under section 5709.73 of the Revised Code on or before the	29169
date of the sale. The fiscal officer shall provide written	29170
certification of this determination for the township's records.	29171

(2) The permanent improvement being sold was financed	29172
entirely from moneys in the township's general fund.	29173

(H) If a board of education of a school district disposes of	29174
real property under section 3313.41 of the Revised Code, the	29175
proceeds received on or after September 29, 2013, from the sale	29176
shall be used ~~to retire~~for either of the following purposes:	29177

(1) The retirement of any debt that was incurred by the	29178
district with respect to that real property. Proceeds in excess of	29179
the funds necessary to retire that debt may be paid into the	29180
school district's capital and maintenance fund and used only to	29181
pay for the costs of nonoperating capital expenses related to	29182
technology infrastructure and equipment to be used for instruction	29183
and assessment.	29184

(2) Payment into a special fund for the construction or	29185
acquisition of permanent improvements.	29186

(I) Money paid into any fund shall be used only for the	29187
purposes for which such fund is established.	29188

Sec. 5709.12. (A) As used in this section, "independent	29189
living facilities" means any residential housing facilities and	29190
related property that are not a nursing home, residential care	29191
facility, or residential facility as defined in division (A) of	29192
section 5701.13 of the Revised Code.	29193

(B) Lands, houses, and other buildings belonging to a county,	29194
township, or municipal corporation and used exclusively for the	29195
accommodation or support of the poor, or leased to the state or	29196
any political subdivision for public purposes shall be exempt from	29197
taxation. Real and tangible personal property belonging to	29198
institutions that is used exclusively for charitable purposes	29199
shall be exempt from taxation, including real property belonging	29200
to an institution that is a nonprofit corporation that receives a	29201
grant under the Thomas Alva Edison grant program authorized by	29202
division (C) of section 122.33 of the Revised Code at any time	29203
during the tax year and being held for leasing or resale to	29204
others. If, at any time during a tax year for which such property	29205
is exempted from taxation, the corporation ceases to qualify for	29206
such a grant, the director of development shall notify the tax	29207
commissioner, and the tax commissioner shall cause the property to	29208
be restored to the tax list beginning with the following tax year.	29209
All property owned and used by a nonprofit organization	29210
exclusively for a home for the aged, as defined in section 5701.13	29211
of the Revised Code, also shall be exempt from taxation.	29212

(C)(1) If a home for the aged described in division (B)(1) of	29213
section 5701.13 of the Revised Code is operated in conjunction	29214
with or at the same site as independent living facilities, the	29215
exemption granted in division (B) of this section shall include	29216
kitchen, dining room, clinic, entry ways, maintenance and storage	29217
areas, and land necessary for access commonly used by both	29218
residents of the home for the aged and residents of the	29219
independent living facilities. Other facilities commonly used by	29220
both residents of the home for the aged and residents of	29221
independent living units shall be exempt from taxation only if the	29222
other facilities are used primarily by the residents of the home	29223
for the aged. Vacant land currently unused by the home, and	29224
independent living facilities and the lands connected with them	29225
are not exempt from taxation. Except as provided in division	29226
(A)(1) of section 5709.121 of the Revised Code, property of a home	29227
leased for nonresidential purposes is not exempt from taxation.	29228

(2) Independent living facilities are exempt from taxation if	29229
they are operated in conjunction with or at the same site as a	29230
home for the aged described in division (B)(2) of section 5701.13	29231
of the Revised Code; operated by a corporation, association, or	29232
trust described in division (B)(1)(b) of that section; operated	29233
exclusively for the benefit of members of the corporation,	29234
association, or trust who are retired, aged, or infirm; and	29235
provided to those members without charge in consideration of their	29236
service, without compensation, to a charitable, religious,	29237
fraternal, or educational institution. For the purposes of	29238
division (C)(2) of this section, "compensation" does not include	29239
furnishing room and board, clothing, health care, or other	29240
necessities, or stipends or other de minimis payments to defray	29241
the cost thereof.	29242

(D)(1) A private corporation established under federal law,	29243
as defined in 36 U.S.C. 1101, Pub. L. No. 102-199, 105 Stat. 1629,	29244
as amended, the objects of which include encouraging the	29245
advancement of science generally, or of a particular branch of	29246
science, the promotion of scientific research, the improvement of	29247
the qualifications and usefulness of scientists, or the increase	29248
and diffusion of scientific knowledge is conclusively presumed to	29249
be a charitable or educational institution. A private corporation	29250
established as a nonprofit corporation under the laws of a state,	29251
that is exempt from federal income taxation under section	29252
501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 2085, 26	29253
U.S.C.A. 1, as amended, and has as its principal purpose one or	29254
more of the foregoing objects, also is conclusively presumed to be	29255
a charitable or educational institution.	29256

The fact that an organization described in this division	29257
operates in a manner that results in an excess of revenues over	29258
expenses shall not be used to deny the exemption granted by this	29259
section, provided such excess is used, or is held for use, for	29260
exempt purposes or to establish a reserve against future	29261
contingencies; and, provided further, that such excess may not be	29262
distributed to individual persons or to entities that would not be	29263
entitled to the tax exemptions provided by this chapter. Nor shall	29264
the fact that any scientific information diffused by the	29265
organization is of particular interest or benefit to any of its	29266
individual members be used to deny the exemption granted by this	29267
section, provided that such scientific information is available to	29268
the public for purchase or otherwise.	29269

(2) Division (D)(2) of this section does not apply to real	29270
property exempted from taxation under this section and division	29271
(A)(3) of section 5709.121 of the Revised Code and belonging to a	29272
nonprofit corporation described in division (D)(1) of this section	29273
that has received a grant under the Thomas Alva Edison grant	29274
program authorized by division (C) of section 122.33 of the	29275
Revised Code during any of the tax years the property was exempted	29276
from taxation.	29277

When a private corporation described in division (D)(1) of	29278
this section sells all or any portion of a tract, lot, or parcel	29279
of real estate that has been exempt from taxation under this	29280
section and section 5709.121 of the Revised Code, the portion sold	29281
shall be restored to the tax list for the year following the year	29282
of the sale and, except in connection with a sale and transfer of	29283
such a tract, lot, or parcel to a county land reutilization	29284
corporation organized under Chapter 1724. of the Revised Code, a	29285
charge shall be levied against the sold property in an amount	29286
equal to the tax savings on such property during the four tax	29287
years preceding the year the property is placed on the tax list.	29288
The tax savings equals the amount of the additional taxes that	29289
would have been levied if such property had not been exempt from	29290
taxation.	29291

The charge constitutes a lien of the state upon such property	29292
as of the first day of January of the tax year in which the charge	29293
is levied and continues until discharged as provided by law. The	29294
charge may also be remitted for all or any portion of such	29295
property that the tax commissioner determines is entitled to	29296
exemption from real property taxation for the year such property	29297
is restored to the tax list under any provision of the Revised	29298
Code, other than sections 725.02, 1728.10, 3735.67, 5709.40,	29299
5709.41, 5709.62, 5709.63, 5709.71, 5709.73, 5709.78, and 5709.84,	29300
upon an application for exemption covering the year such property	29301
is restored to the tax list filed under section 5715.27 of the	29302
Revised Code.	29303

(E) Real property held by an organization organized and	29304
operated exclusively for charitable purposes as described under	29305
section 501(c)(3) of the Internal Revenue Code and exempt from	29306
federal taxation under section 501(a) of the Internal Revenue	29307
Code, 26 U.S.C.A. 501(a) and (c)(3), as amended, for the purpose	29308
of constructing or rehabilitating residences for eventual transfer	29309
to qualified low-income families through sale, lease, or land	29310
installment contract, shall be exempt from taxation.	29311

The exemption shall commence on the day title to the property	29312
is transferred to the organization and shall continue to the end	29313
of the tax year in which the organization transfers title to the	29314
property to a qualified low-income family. In no case shall the	29315
exemption extend beyond the second succeeding tax year following	29316
the year in which the title was transferred to the organization.	29317
If the title is transferred to the organization and from the	29318
organization to a qualified low-income family in the same tax	29319
year, the exemption shall continue to the end of that tax year.	29320
The proportionate amount of taxes that are a lien but not yet	29321
determined, assessed, and levied for the tax year in which title	29322
is transferred to the organization shall be remitted by the county	29323
auditor for each day of the year that title is held by the	29324
organization.	29325

Upon transferring the title to another person, the	29326
organization shall file with the county auditor an affidavit	29327
affirming that the title was transferred to a qualified low-income	29328
family or that the title was not transferred to a qualified	29329
low-income family, as the case may be; if the title was	29330
transferred to a qualified low-income family, the affidavit shall	29331
identify the transferee by name. If the organization transfers	29332
title to the property to anyone other than a qualified low-income	29333
family, the exemption, if it has not previously expired, shall	29334
terminate, and the property shall be restored to the tax list for	29335
the year following the year of the transfer and a charge shall be	29336
levied against the property in an amount equal to the amount of	29337
additional taxes that would have been levied if such property had	29338
not been exempt from taxation. The charge constitutes a lien of	29339
the state upon such property as of the first day of January of the	29340
tax year in which the charge is levied and continues until	29341
discharged as provided by law.	29342

The application for exemption shall be filed as otherwise	29343
required under section 5715.27 of the Revised Code, except that	29344
the organization holding the property shall file with its	29345
application documentation substantiating its status as an	29346
organization organized and operated exclusively for charitable	29347
purposes under section 501(c)(3) of the Internal Revenue Code and	29348
its qualification for exemption from federal taxation under	29349
section 501(a) of the Internal Revenue Code, and affirming its	29350
intention to construct or rehabilitate the property for the	29351
eventual transfer to qualified low-income families.	29352

As used in this division, "qualified low-income family" means	29353
a family whose income does not exceed two hundred per cent of the	29354
official federal poverty guidelines as revised annually in	29355
accordance with section 673(2) of the "Omnibus Budget	29356
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as	29357
amended, for a family size equal to the size of the family whose	29358
income is being determined.	29359

(F) Real property held by a county land reutilization	29360
corporation organized under Chapter 1724. of the Revised Code	29361
shall be exempt from taxation. Notwithstanding section 5715.27 of	29362
the Revised Code, a county land reutilization corporation is not	29363
required to apply to any county or state agency in order to	29364
qualify for the exemption.	29365

The exemption shall commence on the day title to the property	29366
is transferred to the corporation and shall continue to the end of	29367
the tax year in which the instrument transferring title from the	29368
corporation to another owner is recorded, if the use to which the	29369
other owner puts the property does not qualify for an exemption	29370
under this section or any other section of the Revised Code. If	29371
the title to the property is transferred to the corporation and	29372
from the corporation in the same tax year, the exemption shall	29373
continue to the end of that tax year. The proportionate amount of	29374
taxes that are a lien but not yet determined, assessed, and levied	29375
for the tax year in which title is transferred to the corporation	29376
shall be remitted by the county auditor for each day of the year	29377
that title is held by the corporation.	29378

Upon transferring the title to another person, the	29379
corporation shall file with the county auditor an affidavit	29380
affirming that the title was transferred to such other person and	29381
shall identify the transferee by name. If the corporation	29382
transfers title to the property to anyone that does not qualify or	29383
the use to which the property is put does not qualify the property	29384
for an exemption under this section or any other section of the	29385
Revised Code, the exemption, if it has not previously expired,	29386
shall terminate, and the property shall be restored to the tax	29387
list for the year following the year of the transfer. A charge	29388
shall be levied against the property in an amount equal to the	29389
amount of additional taxes that would have been levied if such	29390
property had not been exempt from taxation. The charge constitutes	29391
a lien of the state upon such property as of the first day of	29392
January of the tax year in which the charge is levied and	29393
continues until discharged as provided by law.	29394

In lieu of the application for exemption otherwise required	29395
to be filed as required under section 5715.27 of the Revised Code,	29396
a count land reutilization corporation holding the property shall,	29397
upon the request of any county or state agency, submit its	29398
articles of incorporation substantiating its status as a county	29399
land reutilization corporation.	29400

(G) Property that is owned by an organization described under	29401
section 501(c)(3) of the Internal Revenue Code and exempt from	29402
federal income taxation under section 501(a) of the Internal	29403
Revenue Code and that is used exclusively for receiving,	29404
processing, or distributing human blood, tissues, eyes, or organs	29405
or for research and development thereof shall be exempt from	29406
taxation.	29407

Sec. 5709.121. (A) Real property and tangible personal	29408
property belonging to a charitable or educational institution or	29409
to the state or a political subdivision, shall be considered as	29410
used exclusively for charitable or public purposes by such	29411
institution, the state, or political subdivision, if it meets one	29412
of the following requirements:	29413

(1) It is used by such institution, the state, or political	29414
subdivision, or by one or more other such institutions, the state,	29415
or political subdivisions under a lease, sublease, or other	29416
contractual arrangement:	29417

(a) As a community or area center in which presentations in	29418
music, dramatics, the arts, and related fields are made in order	29419
to foster public interest and education therein;	29420

(b) For other charitable, educational, or public purposes.

29421

(2) It is made available under the direction or control of	29422
such institution, the state, or political subdivision for use in	29423
furtherance of or incidental to its charitable, educational, or	29424
public purposes and not with the view to profit.	29425

(3) It is used by an organization described in division (D)	29426
of section 5709.12 of the Revised Code. If the organization is a	29427
corporation that receives a grant under the Thomas Alva Edison	29428
grant program authorized by division (C) of section 122.33 of the	29429
Revised Code at any time during the tax year, "used," for the	29430
purposes of this division, includes holding property for lease or	29431
resale to others.	29432

(B)(1) Property described in division (A)(1)(a) of this	29433
section shall continue to be considered as used exclusively for	29434
charitable or public purposes even if the property is conveyed	29435
through one conveyance or a series of conveyances to an entity	29436
that is not a charitable or educational institution and is not the	29437
state or a political subdivision, provided that all of the	29438
following conditions apply with respect to that property:	29439

(a) The property has been listed as exempt on the county	29440
auditor's tax list and duplicate for the county in which it is	29441
located for the ten tax years immediately preceding the year in	29442
which the property is conveyed through one conveyance or a series	29443
of conveyances;	29444

(b) The property is conveyed through one conveyance or a	29445
series of conveyances to an owner that does any of the following:	29446

(i) Leases the property through one lease or a series of	29447
leases to the entity that owned or occupied the property for the	29448
ten tax years immediately preceding the year in which the property	29449
is conveyed or to an affiliate of that entity;	29450

(ii) Contracts to have renovations performed as described in	29451
division (B)(1)(d) of this section and is at least partially owned	29452
by a nonprofit organization described in section 501(c)(3) of the	29453
Internal Revenue Code that is exempt from taxation under section	29454
501(a) of that code.	29455

(c) The property includes improvements that are at least	29456
fifty years old;	29457

(d) The property is being renovated in connection with a	29458
claim for historic preservation tax credits available under	29459
federal law;	29460

(e) The property continues to be used for the purposes	29461
described in division (A)(1)(a) of this section after its	29462
conveyance; and	29463

(f) The property is certified by the United States secretary	29464
of the interior as a "certified historic structure" or certified	29465
as part of a certified historic structure.	29466

(2) Notwithstanding section 5715.27 of the Revised Code, an	29467
application for exemption from taxation of property described in	29468
division (B)(1) of this section may be filed by either the owner	29469
of the property or its occupant.	29470

(C)(1) Real property, the owner or qualified lessee of which	29471
is a qualifying limited liability company, shall be considered as	29472
used exclusively for charitable or public purposes, provided all	29473
of the following apply:	29474

(a) A building on that property is a certified historic	29475
structure or part of a certified historic structure;	29476

(b) Not more than thirteen months have passed after the later	29477
of (i) the date a rehabilitation tax credit certificate is issued	29478
to the qualifying limited liability company under section 149.311	29479
of the Revised Code on the basis of that property or (ii) the last	29480
date of the recapture period under section 50 of the Internal	29481
Revenue Code for a credit claimed by the qualifying limited	29482
liability company under section 47 of the Internal Revenue Code on	29483
the basis of that property;	29484

(c) The property is used for one or more of the purposes	29485
described in division (A) of this section by the state or one or	29486
more charitable or educational institutions or political	29487
subdivisions pursuant to a lease, sublease, or other contractual	29488
arrangement with the qualifying limited liability company.	29489

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

29490

(a) "Certified historic structure" has the same meaning as in	29491
section 47 of the Internal Revenue Code.	29492

(b) "Qualified lessee" has the same meaning as in section	29493
149.311 of the Revised Code.	29494

(c) "Qualifying limited liability company" means a limited	29495
liability company formed under the laws of this state and having a	29496
single managing member that is a charitable or educational	29497
institution, provided the limited liability company's articles of	29498
organization states both of the following:	29499

(i) That the sole purpose of the limited liability company is	29500
to rehabilitate the property of which it is the owner or qualified	29501
lessee using revenue from the tax credit authorized under section	29502
47 of the Internal Revenue Code or section 149.311 of the Revised	29503
Code;	29504

(ii) That the limited liability company's single managing	29505
member shall diligently pursue the rehabilitation of the property	29506
using revenue from one or both of those tax credits.	29507

(D) For purposes of this section, an institution that meets	29508
all of the following requirements is conclusively presumed to be a	29509
charitable institution:	29510

(1) The institution is a nonprofit corporation or	29511
association, no part of the net earnings of which inures to the	29512
benefit of any private shareholder or individual;	29513

(2) The institution is exempt from federal income taxation	29514
under section 501(a) of the Internal Revenue Code;	29515

(3) The majority of the institution's board of directors are	29516
appointed by the mayor or legislative authority of a municipal	29517
corporation or a board of county commissioners, or a combination	29518
thereof;	29519

(4) The primary purpose of the institution is to assist in	29520
the development and revitalization of downtown urban areas.	29521

Sec. 5709.40. (A) As used in this section:

29522

(1) "Blighted area" and "impacted city" have the same	29523
meanings as in section 1728.01 of the Revised Code.	29524

(2) "Business day" means a day of the week excluding	29525
Saturday, Sunday, and a legal holiday as defined under section	29526
1.14 of the Revised Code.	29527

(3) "Housing renovation" means a project carried out for	29528
residential purposes.	29529

(4) "Improvement" means the increase in the assessed value of	29530
any real property that would first appear on the tax list and	29531
duplicate of real and public utility property after the effective	29532
date of an ordinance adopted under this section were it not for	29533
the exemption granted by that ordinance.	29534

(5) "Incentive district" means an area not more than three	29535
hundred acres in size enclosed by a continuous boundary in which a	29536
project is being, or will be, undertaken and having one or more of	29537
the following distress characteristics:	29538

(a) At least fifty-one per cent of the residents of the	29539
district have incomes of less than eighty per cent of the median	29540
income of residents of the political subdivision in which the	29541
district is located, as determined in the same manner specified	29542
under section 119(b) of the "Housing and Community Development Act	29543
of 1974," 88 Stat. 633, 42 U.S.C. 5318, as amended;	29544

(b) The average rate of unemployment in the district during	29545
the most recent twelve-month period for which data are available	29546
is equal to at least one hundred fifty per cent of the average	29547
rate of unemployment for this state for the same period.	29548

(c) At least twenty per cent of the people residing in the	29549
district live at or below the poverty level as defined in the	29550
federal Housing and Community Development Act of 1974, 42 U.S.C.	29551
5301, as amended, and regulations adopted pursuant to that act.	29552

(d) The district is a blighted area.

29553

(e) The district is in a situational distress area as	29554
designated by the director of development services under division	29555
(F) of section 122.23 of the Revised Code.	29556

(f) As certified by the engineer for the political	29557
subdivision, the public infrastructure serving the district is	29558
inadequate to meet the development needs of the district as	29559
evidenced by a written economic development plan or urban renewal	29560
plan for the district that has been adopted by the legislative	29561
authority of the subdivision.	29562

(g) The district is comprised entirely of unimproved land	29563
that is located in a distressed area as defined in section 122.23	29564
of the Revised Code.	29565

(6) "Project" means development activities undertaken on one	29566
or more parcels, including, but not limited to, construction,	29567
expansion, and alteration of buildings or structures, demolition,	29568
remediation, and site development, and any building or structure	29569
that results from those activities.	29570

(7) "Public infrastructure improvement" includes, but is not	29571
limited to, public roads and highways; water and sewer lines;	29572
environmental remediation; land acquisition, including acquisition	29573
in aid of industry, commerce, distribution, or research;	29574
demolition, including demolition on private property when	29575
determined to be necessary for economic development purposes;	29576
stormwater and flood remediation projects, including such projects	29577
on private property when determined to be necessary for public	29578
health, safety, and welfare; the provision of gas, electric, and	29579
communications service facilities, including the provision of gas	29580
or electric service facilities owned by nongovernmental entities	29581
when such improvements are determined to be necessary for economic	29582
development purposes; and the enhancement of public waterways	29583
through improvements that allow for greater public access.	29584

(B) The legislative authority of a municipal corporation, by	29585
ordinance, may declare improvements to certain parcels of real	29586
property located in the municipal corporation to be a public	29587
purpose. Improvements with respect to a parcel that is used or to	29588
be used for residential purposes may be declared a public purpose	29589
under this division only if the parcel is located in a blighted	29590
area of an impacted city. For this purpose, "parcel that is used	29591
or to be used for residential purposes" means a parcel that, as	29592
improved, is used or to be used for purposes that would cause the	29593
tax commissioner to classify the parcel as residential property in	29594
accordance with rules adopted by the commissioner under section	29595
5713.041 of the Revised Code. Except with the approval under	29596
division (D) of this section of the board of education of each	29597
city, local, or exempted village school district within which the	29598
improvements are located, not more than seventy-five per cent of	29599
an improvement thus declared to be a public purpose may be	29600
exempted from real property taxation for a period of not more than	29601
ten years. The ordinance shall specify the percentage of the	29602
improvement to be exempted from taxation and the life of the	29603
exemption.	29604

An ordinance adopted or amended under this division shall	29605
designate the specific public infrastructure improvements made, to	29606
be made, or in the process of being made by the municipal	29607
corporation that directly benefit, or that once made will directly	29608
benefit, the parcels for which improvements are declared to be a	29609
public purpose. The service payments provided for in section	29610
5709.42 of the Revised Code shall be used to finance the public	29611
infrastructure improvements designated in the ordinance, for the	29612
purpose described in division (D)(1) of this section or as	29613
provided in section 5709.43 of the Revised Code.	29614

(C)(1) The legislative authority of a municipal corporation	29615
may adopt an ordinance creating an incentive district and	29616
declaring improvements to parcels within the district to be a	29617
public purpose and, except as provided in division (F) of this	29618
section, exempt from taxation as provided in this section, but no	29619
legislative authority of a municipal corporation that has a	29620
population that exceeds twenty-five thousand, as shown by the most	29621
recent federal decennial census, shall adopt an ordinance that	29622
creates an incentive district if the sum of the taxable value of	29623
real property in the proposed district for the preceding tax year	29624
and the taxable value of all real property in the municipal	29625
corporation that would have been taxable in the preceding year	29626
were it not for the fact that the property was in an existing	29627
incentive district and therefore exempt from taxation exceeds	29628
twenty-five per cent of the taxable value of real property in the	29629
municipal corporation for the preceding tax year. The ordinance	29630
shall delineate the boundary of the district and specifically	29631
identify each parcel within the district. A district may not	29632
include any parcel that is or has been exempted from taxation	29633
under division (B) of this section or that is or has been within	29634
another district created under this division. An ordinance may	29635
create more than one such district, and more than one ordinance	29636
may be adopted under division (C)(1) of this section.	29637

(2) Not later than thirty days prior to adopting an ordinance	29638
under division (C)(1) of this section, if the municipal	29639
corporation intends to apply for exemptions from taxation under	29640
section 5709.911 of the Revised Code on behalf of owners of real	29641
property located within the proposed incentive district, the	29642
legislative authority of a municipal corporation shall conduct a	29643
public hearing on the proposed ordinance. Not later than thirty	29644
days prior to the public hearing, the legislative authority shall	29645
give notice of the public hearing and the proposed ordinance by	29646
first class mail to every real property owner whose property is	29647
located within the boundaries of the proposed incentive district	29648
that is the subject of the proposed ordinance.	29649

(3)(a) An ordinance adopted under division (C)(1) of this	29650
section shall specify the life of the incentive district and the	29651
percentage of the improvements to be exempted, shall designate the	29652
public infrastructure improvements made, to be made, or in the	29653
process of being made, that benefit or serve, or, once made, will	29654
benefit or serve parcels in the district. The ordinance also shall	29655
identify one or more specific projects being, or to be, undertaken	29656
in the district that place additional demand on the public	29657
infrastructure improvements designated in the ordinance. The	29658
project identified may, but need not be, the project under	29659
division (C)(3)(b) of this section that places real property in	29660
use for commercial or industrial purposes. Except as otherwise	29661
permitted under that division, the service payments provided for	29662
in section 5709.42 of the Revised Code shall be used to finance	29663
the designated public infrastructure improvements, for the purpose	29664
described in division (D)(1) or (E) of this section, or as	29665
provided in section 5709.43 of the Revised Code.	29666

An ordinance adopted under division (C)(1) of this section on	29667
or after March 30, 2006, shall not designate police or fire	29668
equipment as public infrastructure improvements, and no service	29669
payment provided for in section 5709.42 of the Revised Code and	29670
received by the municipal corporation under the ordinance shall be	29671
used for police or fire equipment.	29672

(b) An ordinance adopted under division (C)(1) of this	29673
section may authorize the use of service payments provided for in	29674
section 5709.42 of the Revised Code for the purpose of housing	29675
renovations within the incentive district, provided that the	29676
ordinance also designates public infrastructure improvements that	29677
benefit or serve the district, and that a project within the	29678
district places real property in use for commercial or industrial	29679
purposes. Service payments may be used to finance or support	29680
loans, deferred loans, and grants to persons for the purpose of	29681
housing renovations within the district. The ordinance shall	29682
designate the parcels within the district that are eligible for	29683
housing renovation. The ordinance shall state separately the	29684
amounts or the percentages of the expected aggregate service	29685
payments that are designated for each public infrastructure	29686
improvement and for the general purpose of housing renovations.	29687

(4) Except with the approval of the board of education of	29688
each city, local, or exempted village school district within the	29689
territory of which the incentive district is or will be located,	29690
and subject to division (E) of this section, the life of an	29691
incentive district shall not exceed ten years, and the percentage	29692
of improvements to be exempted shall not exceed seventy-five per	29693
cent. With approval of the board of education, the life of a	29694
district may be not more than thirty years, and the percentage of	29695
improvements to be exempted may be not more than one hundred per	29696
cent. The approval of a board of education shall be obtained in	29697
the manner provided in division (D) of this section.	29698

(D)(1) If the ordinance declaring improvements to a parcel to	29699
be a public purpose or creating an incentive district specifies	29700
that payments in lieu of taxes provided for in section 5709.42 of	29701
the Revised Code shall be paid to the city, local, or exempted	29702
village, and joint vocational school district in which the parcel	29703
or incentive district is located in the amount of the taxes that	29704
would have been payable to the school district if the improvements	29705
had not been exempted from taxation, the percentage of the	29706
improvement that may be exempted from taxation may exceed	29707
seventy-five per cent, and the exemption may be granted for up to	29708
thirty years, without the approval of the board of education as	29709
otherwise required under division (D)(2) of this section.	29710

(2) Improvements with respect to a parcel may be exempted	29711
from taxation under division (B) of this section, and improvements	29712
to parcels within an incentive district may be exempted from	29713
taxation under division (C) of this section, for up to ten years	29714
or, with the approval under this paragraph of the board of	29715
education of the city, local, or exempted village school district	29716
within which the parcel or district is located, for up to thirty	29717
years. The percentage of the improvement exempted from taxation	29718
may, with such approval, exceed seventy-five per cent, but shall	29719
not exceed one hundred per cent. Not later than forty-five	29720
business days prior to adopting an ordinance under this section	29721
declaring improvements to be a public purpose that is subject to	29722
approval by a board of education under this division, the	29723
legislative authority shall deliver to the board of education a	29724
notice stating its intent to adopt an ordinance making that	29725
declaration. The notice regarding improvements with respect to a	29726
parcel under division (B) of this section shall identify the	29727
parcels for which improvements are to be exempted from taxation,	29728
provide an estimate of the true value in money of the	29729
improvements, specify the period for which the improvements would	29730
be exempted from taxation and the percentage of the improvement	29731
that would be exempted, and indicate the date on which the	29732
legislative authority intends to adopt the ordinance. The notice	29733
regarding improvements to parcels within an incentive district	29734
under division (C) of this section shall delineate the boundaries	29735
of the district, specifically identify each parcel within the	29736
district, identify each anticipated improvement in the district,	29737
provide an estimate of the true value in money of each such	29738
improvement, specify the life of the district and the percentage	29739
of improvements that would be exempted, and indicate the date on	29740
which the legislative authority intends to adopt the ordinance.	29741
The board of education, by resolution adopted by a majority of the	29742
board, may approve the exemption for the period or for the	29743
exemption percentage specified in the notice; may disapprove the	29744
exemption for the number of years in excess of ten, may disapprove	29745
the exemption for the percentage of the improvement to be exempted	29746
in excess of seventy-five per cent, or both; or may approve the	29747
exemption on the condition that the legislative authority and the	29748
board negotiate an agreement providing for compensation to the	29749
school district equal in value to a percentage of the amount of	29750
taxes exempted in the eleventh and subsequent years of the	29751
exemption period or, in the case of exemption percentages in	29752
excess of seventy-five per cent, compensation equal in value to a	29753
percentage of the taxes that would be payable on the portion of	29754
the improvement in excess of seventy-five per cent were that	29755
portion to be subject to taxation, or other mutually agreeable	29756
compensation. If an agreement is negotiated between the	29757
legislative authority and the board to compensate the school	29758
district for all or part of the taxes exempted, including	29759
agreements for payments in lieu of taxes under section 5709.42 of	29760
the Revised Code, the legislative authority shall compensate the	29761
joint vocational school district within which the parcel or	29762
district is located at the same rate and under the same terms	29763
received by the city, local, or exempted village school district.	29764

(3) The board of education shall certify its resolution to	29765
the legislative authority not later than fourteen days prior to	29766
the date the legislative authority intends to adopt the ordinance	29767
as indicated in the notice. If the board of education and the	29768
legislative authority negotiate a mutually acceptable compensation	29769
agreement, the ordinance may declare the improvements a public	29770
purpose for the number of years specified in the ordinance or, in	29771
the case of exemption percentages in excess of seventy-five per	29772
cent, for the exemption percentage specified in the ordinance. In	29773
either case, if the board and the legislative authority fail to	29774
negotiate a mutually acceptable compensation agreement, the	29775
ordinance may declare the improvements a public purpose for not	29776
more than ten years, and shall not exempt more than seventy-five	29777
per cent of the improvements from taxation. If the board fails to	29778
certify a resolution to the legislative authority within the time	29779
prescribed by this division, the legislative authority thereupon	29780
may adopt the ordinance and may declare the improvements a public	29781
purpose for up to thirty years, or, in the case of exemption	29782
percentages proposed in excess of seventy-five per cent, for the	29783
exemption percentage specified in the ordinance. The legislative	29784
authority may adopt the ordinance at any time after the board of	29785
education certifies its resolution approving the exemption to the	29786
legislative authority, or, if the board approves the exemption on	29787
the condition that a mutually acceptable compensation agreement be	29788
negotiated, at any time after the compensation agreement is agreed	29789
to by the board and the legislative authority.	29790

(4) If a board of education has adopted a resolution waiving	29791
its right to approve exemptions from taxation under this section	29792
and the resolution remains in effect, approval of exemptions by	29793
the board is not required under division (D) of this section. If a	29794
board of education has adopted a resolution allowing a legislative	29795
authority to deliver the notice required under division (D) of	29796
this section fewer than forty-five business days prior to the	29797
legislative authority's adoption of the ordinance, the legislative	29798
authority shall deliver the notice to the board not later than the	29799
number of days prior to such adoption as prescribed by the board	29800
in its resolution. If a board of education adopts a resolution	29801
waiving its right to approve agreements or shortening the	29802
notification period, the board shall certify a copy of the	29803
resolution to the legislative authority. If the board of education	29804
rescinds such a resolution, it shall certify notice of the	29805
rescission to the legislative authority.	29806

(5) If the legislative authority is not required by division	29807
(D) of this section to notify the board of education of the	29808
legislative authority's intent to declare improvements to be a	29809
public purpose, the legislative authority shall comply with the	29810
notice requirements imposed under section 5709.83 of the Revised	29811
Code, unless the board has adopted a resolution under that section	29812
waiving its right to receive such a notice.	29813

(E)(1) If a proposed ordinance under division (C)(1) of this	29814
section exempts improvements with respect to a parcel within an	29815
incentive district for more than ten years, or the percentage of	29816
the improvement exempted from taxation exceeds seventy-five per	29817
cent, not later than forty-five business days prior to adopting	29818
the ordinance the legislative authority of the municipal	29819
corporation shall deliver to the board of county commissioners of	29820
the county within which the incentive district will be located a	29821
notice that states its intent to adopt an ordinance creating an	29822
incentive district. The notice shall include a copy of the	29823
proposed ordinance, identify the parcels for which improvements	29824
are to be exempted from taxation, provide an estimate of the true	29825
value in money of the improvements, specify the period of time for	29826
which the improvements would be exempted from taxation, specify	29827
the percentage of the improvements that would be exempted from	29828
taxation, and indicate the date on which the legislative authority	29829
intends to adopt the ordinance.	29830

(2) The board of county commissioners, by resolution adopted	29831
by a majority of the board, may object to the exemption for the	29832
number of years in excess of ten, may object to the exemption for	29833
the percentage of the improvement to be exempted in excess of	29834
seventy-five per cent, or both. If the board of county	29835
commissioners objects, the board may negotiate a mutually	29836
acceptable compensation agreement with the legislative authority.	29837
In no case shall the compensation provided to the board exceed the	29838
property taxes forgone due to the exemption. If the board of	29839
county commissioners objects, and the board and legislative	29840
authority fail to negotiate a mutually acceptable compensation	29841
agreement, the ordinance adopted under division (C)(1) of this	29842
section shall provide to the board compensation in the eleventh	29843
and subsequent years of the exemption period equal in value to not	29844
more than fifty per cent of the taxes that would be payable to the	29845
county or, if the board's objection includes an objection to an	29846
exemption percentage in excess of seventy-five per cent,	29847
compensation equal in value to not more than fifty per cent of the	29848
taxes that would be payable to the county, on the portion of the	29849
improvement in excess of seventy-five per cent, were that portion	29850
to be subject to taxation. The board of county commissioners shall	29851
certify its resolution to the legislative authority not later than	29852
thirty days after receipt of the notice.	29853

(3) If the board of county commissioners does not object or	29854
fails to certify its resolution objecting to an exemption within	29855
thirty days after receipt of the notice, the legislative authority	29856
may adopt the ordinance, and no compensation shall be provided to	29857
the board of county commissioners. If the board timely certifies	29858
its resolution objecting to the ordinance, the legislative	29859
authority may adopt the ordinance at any time after a mutually	29860
acceptable compensation agreement is agreed to by the board and	29861
the legislative authority, or, if no compensation agreement is	29862
negotiated, at any time after the legislative authority agrees in	29863
the proposed ordinance to provide compensation to the board of	29864
fifty per cent of the taxes that would be payable to the county in	29865
the eleventh and subsequent years of the exemption period or on	29866
the portion of the improvement in excess of seventy-five per cent,	29867
were that portion to be subject to taxation.	29868

(F) Service payments in lieu of taxes that are attributable	29869
to any amount by which the effective tax rate of either a renewal	29870
levy with an increase or a replacement levy exceeds the effective	29871
tax rate of the levy renewed or replaced, or that are attributable	29872
to an additional levy, for a levy authorized by the voters for any	29873
of the following purposes on or after January 1, 2006, and which	29874
are provided pursuant to an ordinance creating an incentive	29875
district under division (C)(1) of this section that is adopted on	29876
or after January 1, 2006, shall be distributed to the appropriate	29877
taxing authority as required under division (C) of section 5709.42	29878
of the Revised Code in an amount equal to the amount of taxes from	29879
that additional levy or from the increase in the effective tax	29880
rate of such renewal or replacement levy that would have been	29881
payable to that taxing authority from the following levies were it	29882
not for the exemption authorized under division (C) of this	29883
section:	29884

(1) A tax levied under division (L) of section 5705.19 or	29885
section 5705.191 of the Revised Code for community mental	29886
retardation and developmental disabilities programs and services	29887
pursuant to Chapter 5126. of the Revised Code;	29888

(2) A tax levied under division (Y) of section 5705.19 of the	29889
Revised Code for providing or maintaining senior citizens services	29890
or facilities;	29891

(3) A tax levied under section 5705.22 of the Revised Code	29892
for county hospitals;	29893

(4) A tax levied by a joint-county district or by a county	29894
under section 5705.19, 5705.191, or 5705.221 of the Revised Code	29895
for alcohol, drug addiction, and mental health services or	29896
facilities;	29897

(5) A tax levied under section 5705.23 of the Revised Code	29898
for library purposes;	29899

(6) A tax levied under section 5705.24 of the Revised Code	29900
for the support of children services and the placement and care of	29901
children;	29902

(7) A tax levied under division (Z) of section 5705.19 of the	29903
Revised Code for the provision and maintenance of zoological park	29904
services and facilities under section 307.76 of the Revised Code;	29905

(8) A tax levied under section 511.27 or division (H) of	29906
section 5705.19 of the Revised Code for the support of township	29907
park districts;	29908

(9) A tax levied under division (A), (F), or (H) of section	29909
5705.19 of the Revised Code for parks and recreational purposes of	29910
a joint recreation district organized pursuant to division (B) of	29911
section 755.14 of the Revised Code;	29912

(10) A tax levied under section 1545.20 or 1545.21 of the	29913
Revised Code for park district purposes;	29914

(11) A tax levied under section 5705.191 of the Revised Code	29915
for the purpose of making appropriations for public assistance;	29916
human or social services; public relief; public welfare; public	29917
health and hospitalization; and support of general hospitals;	29918

(12) A tax levied under section 3709.29 of the Revised Code	29919
for a general health district program.	29920

(G) An exemption from taxation granted under this section	29921
commences with the tax year specified in the ordinance so long as	29922
the year specified in the ordinance commences after the effective	29923
date of the ordinance. If the ordinance specifies a year	29924
commencing before the effective date of the resolution or	29925
specifies no year whatsoever, the exemption commences with the tax	29926
year in which an exempted improvement first appears on the tax	29927
list and duplicate of real and public utility property and that	29928
commences after the effective date of the ordinance. In lieu of	29929
stating a specific year, the ordinance may provide that the	29930
exemption commences in the tax year in which the value of an	29931
improvement exceeds a specified amount or in which the	29932
construction of one or more improvements is completed, provided	29933
that such tax year commences after the effective date of the	29934
ordinance. With respect to the exemption of improvements to	29935
parcels under division (B) of this section, the ordinance may	29936
allow for the exemption to commence in different tax years on a	29937
parcel-by-parcel basis, with a separate exemption term specified	29938
for each parcel.	29939

Except as otherwise provided in this division, the exemption	29940
ends on the date specified in the ordinance as the date the	29941
improvement ceases to be a public purpose or the incentive	29942
district expires, or ends on the date on which the public	29943
infrastructure improvements and housing renovations are paid in	29944
full from the municipal public improvement tax increment	29945
equivalent fund established under division (A) of section 5709.43	29946
of the Revised Code, whichever occurs first. The exemption of an	29947
improvement with respect to a parcel or within an incentive	29948
district may end on a later date, as specified in the ordinance,	29949
if the legislative authority and the board of education of the	29950
city, local, or exempted village school district within which the	29951
parcel or district is located have entered into a compensation	29952
agreement under section 5709.82 of the Revised Code with respect	29953
to the improvement, and the board of education has approved the	29954
term of the exemption under division (D)(2) of this section, but	29955
in no case shall the improvement be exempted from taxation for	29956
more than thirty years. Exemptions shall be claimed and allowed in	29957
the same manner as in the case of other real property exemptions.	29958
If an exemption status changes during a year, the procedure for	29959
the apportionment of the taxes for that year is the same as in the	29960
case of other changes in tax exemption status during the year.	29961

(H) Additional municipal financing of public infrastructure	29962
improvements and housing renovations may be provided by any	29963
methods that the municipal corporation may otherwise use for	29964
financing such improvements or renovations. If the municipal	29965
corporation issues bonds or notes to finance the public	29966
infrastructure improvements and housing renovations and pledges	29967
money from the municipal public improvement tax increment	29968
equivalent fund to pay the interest on and principal of the bonds	29969
or notes, the bonds or notes are not subject to Chapter 133. of	29970
the Revised Code.	29971

(I) The municipal corporation, not later than fifteen days	29972
after the adoption of an ordinance under this section, shall	29973
submit to the director of development services a copy of the	29974
ordinance. On or before the thirty-first day of March of each	29975
year, the municipal corporation shall submit a status report to	29976
the director of development services. The report shall indicate,	29977
in the manner prescribed by the director, the progress of the	29978
project during each year that an exemption remains in effect,	29979
including a summary of the receipts from service payments in lieu	29980
of taxes; expenditures of money from the funds created under	29981
section 5709.43 of the Revised Code; a description of the public	29982
infrastructure improvements and housing renovations financed with	29983
such expenditures; and a quantitative summary of changes in	29984
employment and private investment resulting from each project.	29985

(J) Nothing in this section shall be construed to prohibit a	29986
legislative authority from declaring to be a public purpose	29987
improvements with respect to more than one parcel.	29988

(K) If a parcel is located in a new community district in	29989
which the new community authority imposes a community development	29990
charge on the basis of rentals received from leases of real	29991
property as described in division (L)(2) of section 349.01 of the	29992
Revised Code, the parcel may not be exempted from taxation under	29993
this section.	29994

Sec. 5713.012. (A) For purposes of this section:

29995

(1) "Mass appraisal project" means any sexennial reappraisal,	29996
triennial update, or other revaluation of all real property or the	29997
valuation of newly constructed real property in accordance with	29998
section 5713.01 of the Revised Code.	29999

(2) "Qualified project manager" means a person who plans,	30000
manages, coordinates, and controls the execution of a mass	30001
appraisal project under the direction of the county auditor and	30002
who has all of the following qualifications:	30003

(a) Has passed a comprehensive final examination that	30004
corresponds to a course, approved by the superintendent of real	30005
estate and professional licensing, that consists of at least	30006
thirty hours of instruction, quizzes, and learning aids. The	30007
superintendent shall not approve a course under this division that	30008
does not address the following topics in both the instruction and	30009
the examination:	30010

(i) Concepts and principles of mass appraisal as they relate	30011
to the assessment of real property for the purposes of ad valorem	30012
taxation;	30013

(ii) Methods of data collection and data management relative	30014
to parcels of real property, including modern alternative data	30015
collection methods and currently utilized computer-assisted mass	30016
appraisal systems;	30017

(iii) Assessment sales-ratio study including various measures	30018
of central tendency, the various measures of dispersion of data	30019
about the mean, median, and dollar-weighted mean, and the	30020
advantages and disadvantages of various analysis techniques;	30021

(iv) Traditional approaches of property valuation, including	30022
the cost approach, the sales comparison approach, and the income	30023
approach, as they are implemented in a mass appraisal project;	30024

(v) Methods and systems for model building and model	30025
calibration as related to mass appraisal of real property;	30026

(vi) Methods of production management and project analysis	30027
such as Gantt charts, program evaluation and review technique	30028
(PERT) charts, frequency distribution charts, line graphs, bar	30029
charts, and scatter diagrams, as they are utilized in the mass	30030
appraisal area.	30031

(b) Has completed at least seven hours of continuing	30032
education courses in mass appraisal during the two-year period	30033
immediately succeeding the year in which the person passed the	30034
examination required in division (A)(2)(a) of this section, and	30035
during each two-year period thereafter.	30036

(B)(1) The county auditor, in acting as the assessor of all	30037
real property in the auditor's county for taxation purposes in	30038
accordance with section 5713.01 of the Revised Code, shall involve	30039
at least one qualified project manager in each mass ~~assessment~~	30040
appraisal project that originates more than two years after the	30041
effective date of the enactment of this section by H.B. 487 of the	30042
129th general assembly, September 10, 2012.	30043

(2) The tax commissioner, beginning two years after the	30044
effective date of the enactment of this section by H.B. 487 of the	30045
129th general assembly, September 10, 2012, shall not approve any	30046
contract entered into by the auditor under division (E) of section	30047
5713.01 of the Revised Code, with a person to do all or any part	30048
of the work necessary to the performance of the auditor's duties	30049
as assessor unless that person designates an officer or employee	30050
of that person, with the appropriate credentials, to act as a	30051
qualified project manager.	30052

(3) The tax commissioner, beginning two years after the	30053
effective date of the enactment of this section by H.B. 487 of the	30054
129th general assembly, September 10, 2012, shall not include any	30055
person that has not designated an officer or employee, with the	30056
appropriate credentials, to act as a qualified project manager on	30057
a list generated by the commissioner for either of the following	30058
purposes:	30059

(a) To assist county auditors in selecting a person to do all	30060
or any part of the work necessary to the performance of the	30061
auditor's duties as assessor of all real property under section	30062
5713.01 of the Revised Code;	30063

(b) To assist the commissioner in the consideration of	30064
whether to approve or disapprove the auditor's application	30065
requesting authority to employ an appraisal firm or individual	30066
appraiser.	30067

(C) The superintendent of real estate and professional	30068
licensing shall adopt reasonable rules in accordance with Chapter	30069
119. of the Revised Code necessary for the implementation of this	30070
section, including rules establishing both of the following:	30071

(1) The form and manner by which persons may apply to the	30072
superintendent to offer a thirty-hour course or continuing	30073
education course as described in division (A)(2) of this section;	30074

(2) Standards to be used by the superintendent in approving a	30075
thirty-hour course or continuing education course described in	30076
division (A)(2) of this section.	30077

Sec. 5713.08. (A)(1) The county auditor shall make a list of	30078
all real and personal property in the auditor's county that is	30079
exempted from taxation. Such list shall show the name of the	30080
owner, the value of the property exempted, and a statement in	30081
brief form of the ground on which such exemption has been granted.	30082
It shall be corrected annually by adding thereto the items of	30083
property which have been exempted during the year, and by striking	30084
therefrom the items which in the opinion of the auditor have lost	30085
their right of exemption and which have been reentered on the	30086
taxable list, but no property shall be struck from the exempt	30087
property list solely ~~because the~~for any of the following reasons:	30088

(a) The property has been conveyed to a single member limited	30089
liability company with a nonprofit purpose from its nonprofit	30090
member ~~or because the~~;	30091

(b) The property has been conveyed by a single member limited	30092
liability company with a nonprofit purpose to its nonprofit	30093
member;	30094

(c) The property has been conveyed to a qualifying limited	30095
liability company and the property is considered as used	30096
exclusively for charitable or public purposes under division (C)	30097
of section 5709.121 of the Revised Code. As used in divisions	30098
(A)(1)(c) and (d) of this section, "qualifying limited liability	30099
company" has the same meaning as in division (C) of section	30100
5709.121 of the Revised Code.	30101

(d) The property described in division (A)(1)(c) of this	30102
section has been conveyed by the qualifying limited liability	30103
company to the sole managing member of that qualifying limited	30104
liability company. No	30105

No additions shall be made to such exempt lists and no	30106
additional items of property shall be exempted from taxation	30107
without the consent of the tax commissioner as is provided for in	30108
section 5715.27 of the Revised Code or without the consent of the	30109
housing officer under section 3735.67 of the Revised Code, except	30110
for property exempted by the auditor under that section or	30111
qualifying agricultural real property, as defined in section	30112
5709.28 of the Revised Code, that is enrolled in an agriculture	30113
security area that is exempt under that section. The commissioner	30114
may revise at any time the list in every county so that no	30115
property is improperly or illegally exempted from taxation. The	30116
auditor shall follow the orders of the commissioner given under	30117
this section. An abstract of such list shall be filed annually	30118
with the commissioner, on a form approved by the commissioner, and	30119
a copy thereof shall be kept on file in the office of each auditor	30120
for public inspection.	30121

(2) An application for exemption of property shall include a	30122
certificate executed by the county treasurer certifying one of the	30123
following:	30124

~~(1)~~(a) That all taxes, interest, and penalties levied and	30125
assessed against the property sought to be exempted have been paid	30126
in full for all of the tax years preceding the tax year for which	30127
the application for exemption is filed, except for such taxes,	30128
interest, and penalties that may be remitted under division (C) of	30129
this section;	30130

~~(2)~~(b) That the applicant has entered into a valid delinquent	30131
tax contract with the county treasurer pursuant to division (A) of	30132
section 323.31 of the Revised Code to pay all of the delinquent	30133
taxes, interest, and penalties charged against the property,	30134
except for such taxes, interest, and penalties that may be	30135
remitted under division (C) of this section. If the auditor	30136
receives notice under section 323.31 of the Revised Code that such	30137
a written delinquent tax contract has become void, the auditor	30138
shall strike such property from the list of exempted property and	30139
reenter such property on the taxable list. If property is removed	30140
from the exempt list because a written delinquent tax contract has	30141
become void, current taxes shall first be extended against that	30142
property on the general tax list and duplicate of real and public	30143
utility property for the tax year in which the auditor receives	30144
the notice required by division (A) of section 323.31 of the	30145
Revised Code that the delinquent tax contract has become void or,	30146
if that notice is not timely made, for the tax year in which falls	30147
the latest date by which the treasurer is required by such section	30148
to give such notice. A county auditor shall not remove from any	30149
tax list and duplicate the amount of any unpaid delinquent taxes,	30150
assessments, interest, or penalties owed on property that is	30151
placed on the exempt list pursuant to this division.	30152

~~(3)~~(c) That a tax certificate has been issued under section	30153
5721.32 or 5721.33 of the Revised Code with respect to the	30154
property that is the subject of the application, and the tax	30155
certificate is outstanding.	30156

(B) If the treasurer's certificate is not included with the	30157
application or the certificate reflects unpaid taxes, penalties,	30158
and interest that may not be remitted, the tax commissioner or	30159
county auditor with whom the application was filed shall notify	30160
the property owner of that fact, and the applicant shall be given	30161
sixty days from the date that notification was mailed in which to	30162
provide the tax commissioner or county auditor with a corrected	30163
treasurer's certificate. If a corrected treasurer's certificate is	30164
not received within the time permitted, the tax commissioner or	30165
county auditor does not have authority to consider the tax	30166
exemption application.	30167

(C) Any taxes, interest, and penalties which have become a	30168
lien after the property was first used for the exempt purpose, but	30169
in no case prior to the date of acquisition of the title to the	30170
property by the applicant, may be remitted by the commissioner or	30171
county auditor, except as is provided in division (A) of section	30172
5713.081 of the Revised Code.	30173

(D) Real property acquired by the state in fee simple is	30174
exempt from taxation from the date of acquisition of title or date	30175
of possession, whichever is the earlier date, provided that all	30176
taxes, interest, and penalties as provided in the apportionment	30177
provisions of section 319.20 of the Revised Code have been paid to	30178
the date of acquisition of title or date of possession by the	30179
state, whichever is earlier. The proportionate amount of taxes	30180
that are a lien but not yet determined, assessed, and levied for	30181
the year in which the property is acquired, shall be remitted by	30182
the county auditor for the balance of the year from date of	30183
acquisition of title or date of possession, whichever is earlier.	30184
This section shall not be construed to authorize the exemption of	30185
such property from taxation or the remission of taxes, interest,	30186
and penalties thereon until all private use has terminated.	30187

Sec. 5715.19. (A) As used in this section, "member" has the	30188
same meaning as in section 1705.01 of the Revised Code.	30189

(1) Subject to division (A)(2) of this section, a complaint	30190
against any of the following determinations for the current tax	30191
year shall be filed with the county auditor on or before the	30192
thirty-first day of March of the ensuing tax year or the date of	30193
closing of the collection for the first half of real and public	30194
utility property taxes for the current tax year, whichever is	30195
later:	30196

(a) Any classification made under section 5713.041 of the	30197
Revised Code;	30198

(b) Any determination made under section 5713.32 or 5713.35	30199
of the Revised Code;	30200

(c) Any recoupment charge levied under section 5713.35 of the	30201
Revised Code;	30202

(d) The determination of the total valuation or assessment of	30203
any parcel that appears on the tax list, except parcels assessed	30204
by the tax commissioner pursuant to section 5727.06 of the Revised	30205
Code;	30206

(e) The determination of the total valuation of any parcel	30207
that appears on the agricultural land tax list, except parcels	30208
assessed by the tax commissioner pursuant to section 5727.06 of	30209
the Revised Code;	30210

(f) Any determination made under division (A) of section	30211
319.302 of the Revised Code.	30212

If such a complaint is filed by mail or certified mail, the	30213
date of the United States postmark placed on the envelope or	30214
sender's receipt by the postal service shall be treated as the	30215
date of filing. A private meter postmark on an envelope is not a	30216
valid postmark for purposes of establishing the filing date.	30217

Any person owning taxable real property in the county or in a	30218
taxing district with territory in the county; such a person's	30219
spouse; an individual who is retained by such a person and who	30220
holds a designation from a professional assessment organization,	30221
such as the institute for professionals in taxation, the national	30222
council of property taxation, or the international association of	30223
assessing officers; a public accountant who holds a permit under	30224
section 4701.10 of the Revised Code, a general or residential real	30225
estate appraiser licensed or certified under Chapter 4763. of the	30226
Revised Code, or a real estate broker licensed under Chapter 4735.	30227
of the Revised Code, who is retained by such a person; if the	30228
person is a firm, company, association, partnership, limited	30229
liability company, or corporation, an officer, a salaried	30230
employee, a partner, or a member of that person; or, if the person	30231
is a trust, a trustee of the trust~~; the board of county~~	30232
~~commissioners; the prosecuting attorney or treasurer of the~~	30233
~~county; the board of township trustees of any township with~~	30234
~~territory within the county; the board of education of any school~~	30235
~~district with any territory in the county; or the mayor or~~	30236
~~legislative authority of any municipal corporation with any~~	30237
~~territory in the county~~ may file such a complaint regarding any	30238
such determination affecting ~~any~~ real property owned by the person	30239
in the county~~, except that a person owning taxable real property~~	30240
~~in another county may file such a complaint only with regard to~~	30241
~~any such determination affecting real property in the county that~~	30242
~~is located in the same taxing district as that person's real~~	30243
~~property is located~~. A county recorder may, at the recorder's	30244
discretion, file such a complaint regarding any such determination	30245
affecting any real property in the county. No person, board,	30246
officer, or other entity may compel a county recorder to file such	30247
a complaint. The board of county commissioners, the prosecuting	30248
attorney or treasurer of the county, the board of township	30249
trustees of any township with territory within the county, the	30250
board of education of any school district with any territory in	30251
the county, or the mayor or legislative authority of any municipal	30252
corporation with any territory in the county may file such a	30253
complaint only as a counterclaim to a complaint filed by the	30254
property owner, the property owner's spouse, or an individual	30255
retained by the property owner or the property owner's spouse who	30256
is authorized to file a complaint under this section. The county	30257
auditor shall present to the county board of revision all	30258
complaints filed with the auditor.	30259

(2) As used in division (A)(2) of this section, "interim	30260
period" means, for each county, the tax year to which section	30261
5715.24 of the Revised Code applies and each subsequent tax year	30262
until the tax year in which that section applies again.	30263

No person, board, or officer shall file a complaint against	30264
the valuation or assessment of any parcel that appears on the tax	30265
list if itthe person, board, or officer filed a complaint against	30266
the valuation or assessment of that parcel for any prior tax year	30267
in the same interim period, unless the person, board, or officer	30268
alleges that the valuation or assessment should be changed due to	30269
one or more of the following circumstances that occurred after the	30270
tax lien date for the tax year for which the prior complaint was	30271
filed and that the circumstances were not taken into consideration	30272
with respect to the prior complaint:	30273

(a) The property was sold in an arm's length transaction, as	30274
described in section 5713.03 of the Revised Code;	30275

(b) The property lost value due to some casualty;

30276

30277

(d) An increase or decrease of at least fifteen per cent in	30278
the property's occupancy has had a substantial economic impact on	30279
the property.	30280

(3) If a county board of revision, the board of tax appeals,	30281
or any court dismisses a complaint filed under this section or	30282
section 5715.13 of the Revised Code for the reason that the act of	30283
filing the complaint was the unauthorized practice of law or the	30284
person filing the complaint was engaged in the unauthorized	30285
practice of law, the party affected by a decrease in valuation or	30286
the party's agent, or the person owning taxable real property in	30287
the county or in a taxing district with territory in the county,	30288
may refile the complaint, notwithstanding division (A)(2) of this	30289
section.	30290

(4) Notwithstanding division (A)(2) of this section, a	30291
person, board, or officer ~~may~~authorized by division (A)(1) of	30292
this section to file a complaint against the valuation or	30293
assessment of ~~any~~a parcel that appears on the tax list may file	30294
such a complaint if itthe person, board, or officer filed a	30295
complaint against the valuation or assessment of that parcel for	30296
any prior tax year in the same interim period ~~if the person,~~	30297
~~board, or officer~~but withdrew the complaint before the complaint	30298
was heard by the board of revision.	30299

(B) Within thirty days after the last date such complaints	30300
may be filed, the auditor shall give notice of each complaint in	30301
which the stated amount of overvaluation, undervaluation,	30302
discriminatory valuation, illegal valuation, or incorrect	30303
determination is at least seventeen thousand five hundred dollars	30304
to each property owner whose property is the subject of the	30305
complaint, if the complaint was not filed by the owner or the	30306
owner's spouse, and to each board of education whose school	30307
district may be affected by the complaint. Within thirty days	30308
after receiving such notice, a board of education; a property	30309
owner; the owner's spouse; an individual who is retained by such	30310
an owner and who holds a designation from a professional	30311
assessment organization, such as the institute for professionals	30312
in taxation, the national council of property taxation, or the	30313
international association of assessing officers; a public	30314
accountant who holds a permit under section 4701.10 of the Revised	30315
Code, a general or residential real estate appraiser licensed or	30316
certified under Chapter 4763. of the Revised Code, or a real	30317
estate broker licensed under Chapter 4735. of the Revised Code,	30318
who is retained by such a person; or, if the property owner is a	30319
firm, company, association, partnership, limited liability	30320
company, corporation, or trust, an officer, a salaried employee, a	30321
partner, a member, or trustee of that property owner, may file a	30322
complaint in support of or objecting to the amount of alleged	30323
overvaluation, undervaluation, discriminatory valuation, illegal	30324
valuation, or incorrect determination stated in a previously filed	30325
complaint or objecting to the current valuation. Upon the filing	30326
of a complaint under this division, the board of education or the	30327
property owner shall be made a party to the action.	30328

(C) Each board of revision shall notify any complainant and	30329
also the property owner, if the property owner's address is known,	30330
when a complaint is filed by one other than the property owner, by	30331
certified mail, not less than ten days prior to the hearing, of	30332
the time and place the same will be heard. The board of revision	30333
shall hear and render its decision on a complaint within ninety	30334
days after the filing thereof with the board, except that if a	30335
complaint is filed within thirty days after receiving notice from	30336
the auditor as provided in division (B) of this section, the board	30337
shall hear and render its decision within ninety days after such	30338
filing.	30339

(D) The determination of any such complaint shall relate back	30340
to the date when the lien for taxes or recoupment charges for the	30341
current year attached or the date as of which liability for such	30342
year was determined. Liability for taxes and recoupment charges	30343
for such year and each succeeding year until the complaint is	30344
finally determined and for any penalty and interest for nonpayment	30345
thereof within the time required by law shall be based upon the	30346
determination, valuation, or assessment as finally determined.	30347
Each complaint shall state the amount of overvaluation,	30348
undervaluation, discriminatory valuation, illegal valuation, or	30349
incorrect classification or determination upon which the complaint	30350
is based. The treasurer shall accept any amount tendered as taxes	30351
or recoupment charge upon property concerning which a complaint is	30352
then pending, computed upon the claimed valuation as set forth in	30353
the complaint. If a complaint filed under this section for the	30354
current year is not determined by the board within the time	30355
prescribed for such determination, the complaint and any	30356
proceedings in relation thereto shall be continued by the board as	30357
a valid complaint for any ensuing year until such complaint is	30358
finally determined by the board or upon any appeal from a decision	30359
of the board. In such case, the original complaint shall continue	30360
in effect without further filing by the ~~original taxpayer, the~~	30361
~~original taxpayer's assignee, or any other person or entity~~	30362
~~authorized to file a complaint under this section~~parties to the	30363
action.	30364

(E) If a taxpayer files a complaint ~~as to the classification,~~	30365
~~valuation, assessment, or any determination affecting the~~	30366
~~taxpayer's own property~~under this section and tenders less than	30367
the full amount of taxes or recoupment charges as finally	30368
determined, an interest charge shall accrue as follows:	30369

(1) If the amount finally determined is less than the amount	30370
billed but more than the amount tendered, the taxpayer shall pay	30371
interest at the rate per annum prescribed by section 5703.47 of	30372
the Revised Code, computed from the date that the taxes were due	30373
on the difference between the amount finally determined and the	30374
amount tendered. This interest charge shall be in lieu of any	30375
penalty or interest charge under section 323.121 of the Revised	30376
Code unless the taxpayer failed to file a complaint and tender an	30377
amount as taxes or recoupment charges within the time required by	30378
this section, in which case section 323.121 of the Revised Code	30379
applies.	30380

(2) If the amount of taxes finally determined is equal to or	30381
greater than the amount billed and more than the amount tendered,	30382
the taxpayer shall pay interest at the rate prescribed by section	30383
5703.47 of the Revised Code from the date the taxes were due on	30384
the difference between the amount finally determined and the	30385
amount tendered, such interest to be in lieu of any interest	30386
charge but in addition to any penalty prescribed by section	30387
323.121 of the Revised Code.	30388

(F) Upon request of a complainant, the tax commissioner shall	30389
determine the common level of assessment of real property in the	30390
county for the year stated in the request that is not valued under	30391
section 5713.31 of the Revised Code, which common level of	30392
assessment shall be expressed as a percentage of true value and	30393
the common level of assessment of lands valued under such section,	30394
which common level of assessment shall also be expressed as a	30395
percentage of the current agricultural use value of such lands.	30396
Such determination shall be made on the basis of the most recent	30397
available sales ratio studies of the commissioner and such other	30398
factual data as the commissioner deems pertinent.	30399

(G) A complainant shall provide to the board of revision all	30400
information or evidence within the complainant's knowledge or	30401
possession that affects the real property that is the subject of	30402
the complaint. A complainant who fails to provide such information	30403
or evidence is precluded from introducing it on appeal to the	30404
board of tax appeals or the court of common pleas, except that the	30405
board of tax appeals or court may admit and consider the evidence	30406
if the complainant shows good cause for the complainant's failure	30407
to provide the information or evidence to the board of revision.	30408

(H) In case of the pendency of any proceeding in court based	30409
upon an alleged excessive, discriminatory, or illegal valuation or	30410
incorrect classification or determination, the taxpayer may tender	30411
to the treasurer an amount as taxes upon property computed upon	30412
the claimed valuation as set forth in the complaint to the court.	30413
The treasurer may accept the tender. If the tender is not	30414
accepted, no penalty shall be assessed because of the nonpayment	30415
of the full taxes assessed.	30416

Sec. 5715.27. (A)(1) Except as provided in division (A)(2)	30417
of this section and in section 3735.67 of the Revised Code, the	30418
owner, a vendee in possession under a purchase agreement or a land	30419
contract, the beneficiary of a trust, or a lessee for an initial	30420
term of not less than thirty years of any property may file an	30421
application with the tax commissioner, on forms prescribed by the	30422
commissioner, requesting that such property be exempted from	30423
taxation and that taxes, interest, and penalties be remitted as	30424
provided in division (C) of section 5713.08 of the Revised Code.	30425

(2) If the property that is the subject of the application	30426
for exemption is any of the following, the application shall be	30427
filed with the county auditor of the county in which the property	30428
is listed for taxation:	30429

(a) A public road or highway;

30430

(b) Property belonging to the federal government of the	30431
United States;	30432

(c) Additions or other improvements to an existing building	30433
or structure that belongs to the state or a political subdivision,	30434
as defined in section 5713.081 of the Revised Code, and that is	30435
exempted from taxation as property used exclusively for a public	30436
purpose;	30437

(d) Property of the boards of trustees and of the housing	30438
commissions of the state universities, the northeastern Ohio	30439
universities college of medicine, and of the state to be exempted	30440
under section 3345.17 of the Revised Code.	30441

(B) The board of education of any school district may request	30442
the tax commissioner or county auditor to provide it with	30443
notification of applications for exemption from taxation for	30444
property located within that district. If so requested, the	30445
commissioner or auditor shall send to the board on a monthly basis	30446
reports that contain sufficient information to enable the board to	30447
identify each property that is the subject of an exemption	30448
application, including, but not limited to, the name of the	30449
property owner or applicant, the address of the property, and the	30450
auditor's parcel number. The commissioner or auditor shall mail	30451
the reports by the fifteenth day of the month following the end of	30452
the month in which the commissioner or auditor receives the	30453
applications for exemption.	30454

(C) A board of education that has requested notification	30455
under division (B) of this section may, with respect to any	30456
application for exemption of property located in the district and	30457
included in the commissioner's or auditor's most recent report	30458
provided under that division, file a statement with the	30459
commissioner or auditor and with the applicant indicating its	30460
intent to submit evidence and participate in any hearing on the	30461
application. The statements shall be filed prior to the first day	30462
of the third month following the end of the month in which that	30463
application was docketed by the commissioner or auditor. A	30464
statement filed in compliance with this division entitles the	30465
district to submit evidence and to participate in any hearing on	30466
the property and makes the district a party for purposes of	30467
sections 5717.02 to 5717.04 of the Revised Code in any appeal of	30468
the commissioner's or auditor's decision to the board of tax	30469
appeals.	30470

(D) The commissioner or auditor shall not hold a hearing on	30471
or grant or deny an application for exemption of property in a	30472
school district whose board of education has requested	30473
notification under division (B) of this section until the end of	30474
the period within which the board may submit a statement with	30475
respect to that application under division (C) of this section.	30476
The commissioner or auditor may act upon an application at any	30477
time prior to that date upon receipt of a written waiver from each	30478
such board of education, or, in the case of exemptions authorized	30479
by section 725.02, 1728.10, 5709.40, 5709.41, 5709.411, 5709.62,	30480
5709.63, 5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the	30481
Revised Code, upon the request of the property owner. Failure of a	30482
board of education to receive the report required in division (B)	30483
of this section shall not void an action of the commissioner or	30484
auditor with respect to any application. The commissioner or	30485
auditor may extend the time for filing a statement under division	30486
(C) of this section.	30487

(E) ~~A complaint may also be filed with the commissioner or~~	30488
~~auditor by any~~Any person, board, or officer authorized by section	30489
5715.19 of the Revised Code to file complaints or counterclaims to	30490
complaints with the county board of revision may file a complaint	30491
with the commissioner or auditor against the continued exemption	30492
of any property granted exemption by the commissioner or auditor	30493
under this section.	30494

(F) An application for exemption and a complaint against	30495
exemption shall be filed prior to the thirty-first day of December	30496
of the tax year for which exemption is requested or for which the	30497
liability of the property to taxation in that year is requested.	30498
The commissioner or auditor shall consider such application or	30499
complaint in accordance with procedures established by the	30500
commissioner, determine whether the property is subject to	30501
taxation or exempt therefrom, and, if the commissioner makes the	30502
determination, certify the determination to the auditor. Upon	30503
making the determination or receiving the commissioner's	30504
determination, the auditor shall correct the tax list and	30505
duplicate accordingly. If a tax certificate has been sold under	30506
section 5721.32 or 5721.33 of the Revised Code with respect to	30507
property for which an exemption has been requested, the tax	30508
commissioner or auditor shall also certify the findings to the	30509
county treasurer of the county in which the property is located.	30510

(G) Applications and complaints, and documents of any kind	30511
related to applications and complaints, filed with the tax	30512
commissioner or county auditor under this section are public	30513
records within the meaning of section 149.43 of the Revised Code.	30514

(H) If the commissioner or auditor determines that the use of	30515
property or other facts relevant to the taxability of property	30516
that is the subject of an application for exemption or a complaint	30517
under this section has changed while the application or complaint	30518
was pending, the commissioner or auditor may make the	30519
determination under division (F) of this section separately for	30520
each tax year beginning with the year in which the application or	30521
complaint was filed or the year for which remission of taxes under	30522
division (C) of section 5713.08 of the Revised Code was requested,	30523
and including each subsequent tax year during which the	30524
application or complaint is pending before the commissioner or	30525
auditor.	30526

Sec. 5717.01. An appeal from a decision of a county board of	30527
revision may be taken to the board of tax appeals within thirty	30528
days after notice of the decision of the county board of revision	30529
is mailed as provided in division (A) of section 5715.20 of the	30530
Revised Code. Such an appeal may be taken by the county auditor,	30531
the tax commissioner, or any board, legislative authority, public	30532
official, or taxpayer authorized by section 5715.19 of the Revised	30533
Code to file complaints or counterclaims to complaints against	30534
valuations or assessments with the auditor. Such appeal shall be	30535
taken by the filing of a notice of appeal, in person or by	30536
certified mail, express mail, facsimile transmission, electronic	30537
transmission, or by authorized delivery service, with the board of	30538
tax appeals and with the county board of revision. If notice of	30539
appeal is filed by certified mail, express mail, or authorized	30540
delivery service as provided in section 5703.056 of the Revised	30541
Code, the date of the United States postmark placed on the	30542
sender's receipt by the postal service or the date of receipt	30543
recorded by the authorized delivery service shall be treated as	30544
the date of filing. If notice of appeal is filed by facsimile	30545
transmission or electronic transmission, the date and time the	30546
notice is received by the board shall be the date and time	30547
reflected on a timestamp provided by the board's electronic	30548
system, and the appeal shall be considered filed with the board on	30549
the date reflected on that timestamp. Any timestamp provided by	30550
another computer system or electronic submission device shall not	30551
affect the time and date the notice is received by the board. Upon	30552
receipt of such notice of appeal such county board of revision	30553
shall by certified mail notify all persons thereof who were	30554
parties to the proceeding before such county board of revision,	30555
and shall file proof of such notice with the board of tax appeals.	30556
The county board of revision shall thereupon certify to the board	30557
of tax appeals a transcript of the record of the proceedings of	30558
the county board of revision pertaining to the original complaint,	30559
and all evidence offered in connection therewith. Such appeal may	30560
be heard by the board of tax appeals at its offices in Columbus or	30561
in the county where the property is listed for taxation, or the	30562
board of tax appeals may cause its examiners to conduct such	30563
hearing and to report to it their findings for affirmation or	30564
rejection. An appeal may proceed pursuant to section 5703.021 of	30565
the Revised Code on the small claims docket if the appeal	30566
qualifies under that section.	30567

The board of tax appeals may order the appeal to be heard on	30568
the record and the evidence certified to it by the county board of	30569
revision, or it may order the hearing of additional evidence, and	30570
it may make such investigation concerning the appeal as it deems	30571
proper.	30572

Sec. 5727.111. The taxable property of each public utility,	30573
except a railroad company, and of each interexchange	30574
telecommunications company shall be assessed at the following	30575
percentages of true value:	30576

(A) In the case of a rural electric company, fifty per cent	30577
in the case of its taxable transmission and distribution property	30578
and its energy conversion equipment, and twenty-five per cent for	30579
all its other taxable property;	30580

(B) In the case of a telephone or telegraph company,	30581
twenty-five per cent for taxable property first subject to	30582
taxation in this state for tax year 1995 or thereafter for tax	30583
years before tax year 2007, and pursuant to division (H) of	30584
section 5711.22 of the Revised Code for tax year 2007 and	30585
thereafter, and the following for all other taxable property:	30586

(1) For tax years prior to 2005, eighty-eight per cent;

30587

(2) For tax year 2005, sixty-seven per cent;

30588

(3) For tax year 2006, forty-six per cent;

30589

(4) For tax year 2007 and thereafter, pursuant to division	30590
(H) of section 5711.22 of the Revised Code.	30591

(C) Twenty-five per cent in the case of a natural gas	30592
company.	30593

(D) Eighty-eight per cent in the case of a pipe-line,	30594
~~water-works,~~ or heating company;	30595

(E)(1) For tax year 2005, eighty-eight per cent in the case	30596
of the taxable transmission and distribution property of an	30597
electric company, and twenty-five per cent for all its other	30598
taxable property;	30599

(2) For tax year 2006 and each tax year thereafter, in the	30600
case of an electric company, eighty-five per cent in the case of	30601
its taxable transmission and distribution property and its energy	30602
conversion equipment, and twenty-four per cent for all its other	30603
taxable property.	30604

(F)(1) Twenty-five per cent in the case of an interexchange	30605
telecommunications company for tax years before tax year 2007;	30606

(2) Pursuant to division (H) of section 5711.22 of the	30607
Revised Code for tax year 2007 and thereafter.	30608

(G) Twenty-five per cent in the case of a water	30609
transportation company;	30610

(H) For tax year 2011 and each tax year thereafter in the	30611
case of an energy company, twenty-four per cent in the case of its	30612
taxable production equipment, and eighty-five per cent for all its	30613
other taxable property.	30614

(I) In the case of a water-works company, twenty-five per	30615
cent for taxable property first subject to taxation in this state	30616
for tax year 2014 or thereafter, and eighty-eight per cent for all	30617
its other taxable property.	30618

Sec. 5739.05. (A) The tax commissioner shall enforce and	30619
administer sections 5739.01 to 5739.31 of the Revised Code, which	30620
are hereby declared to be sections which the commissioner is	30621
required to administer within the meaning of sections 5703.17 to	30622
5703.37, 5703.39, 5703.41, and 5703.45 of the Revised Code. The	30623
commissioner may adopt and promulgate, in accordance with sections	30624
119.01 to 119.13 of the Revised Code, such rules as the	30625
commissioner deems necessary to administer sections 5739.01 to	30626
5739.31 of the Revised Code.	30627

(B) Upon application, the commissioner may authorize a vendor	30628
to pay on a predetermined basis the tax levied by or pursuant to	30629
section 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised	30630
Code upon sales of things produced or distributed or services	30631
provided by such vendor, and the commissioner may waive the	30632
collection of the tax from the consumer. The commissioner shall	30633
not grant such authority unless the commissioner finds that the	30634
granting of the authority would improve compliance and increase	30635
the efficiency of the administration of the tax. The person to	30636
whom such authority is granted shall post a notice, if required by	30637
the commissioner, at the location where the product is offered for	30638
sale that the tax is included in the selling price. The	30639
~~comissioner~~commissioner may adopt rules to administer this	30640
division.	30641

(C) ~~The~~Upon application, the commissioner may authorize a	30642
vendor to ~~pay~~remit, on the basis of a prearranged agreement under	30643
this division, the tax levied by section 5739.02 or pursuant to	30644
section 5739.021, 5739.023, or 5739.026 of the Revised Code~~, and~~	30645
~~waive the requirement that the vendor maintain the complete and~~	30646
~~accurate record of individual taxable sales and tax collected~~	30647
~~thereon required by section 5739.11 of the Revised Code, upon~~	30648
~~application of the vendor, if the commissioner finds that the~~	30649
~~conditions of the vendor-applicant's business are such that the~~	30650
~~maintenance of such records of individual taxable sales and tax~~	30651
~~collected thereon would impose an unreasonable burden upon the~~	30652
~~vendor. If the commissioner determines that such unreasonable~~	30653
~~burden has been imposed, the vendor and the commissioner shall~~	30654
~~agree to the terms and conditions of a test check to be conducted~~.	30655
The proportions and ratios in a prearranged agreement shall be	30656
determined either by a test check conducted by the commissioner	30657
under terms and conditions agreed to by the commissioner and the	30658
vendor or by any other method agreed upon by the vendor and the	30659
commissioner. If the parties are unable to agree to the terms and	30660
conditions of the test check or other method, the application	30661
shall be denied. ~~The~~	30662

If used, the test check ~~conducted~~ shall determine the	30663
proportion that taxable retail sales bear to all of the vendor's	30664
retail sales and the ratio which the tax required to be collected	30665
under sections 5739.02, 5739.021, ~~and~~ 5739.023, and 5739.026 of	30666
the Revised Code bears to the receipts from the vendor's taxable	30667
retail sales.	30668

The ~~vendor shall collect the tax on the vendor's taxable~~	30669
~~sales and the~~ vendor's liability for ~~collecting or~~ remitting the	30670
tax shall be based solely upon the proportions and ratios	30671
established ~~by the test check, and not upon any other basis of~~	30672
~~determination,~~in the agreement until such time ~~as a subsequent~~	30673
~~test check is made at the request of either~~that the vendor or the	30674
commissioner ~~where either party~~ believes that the nature of the	30675
vendor's business has so changed as to make the ~~prior or existing~~	30676
~~test check~~agreement no longer representative. The commissioner	30677
may give notice to the vendor at any time that the authorization	30678
is revoked or the vendor may notify the commissioner that the	30679
vendor no longer elects to report under the authorization. Such	30680
notice shall be delivered to the other party personally or by	30681
registered mail. The revocation or cancellation is ~~not~~ effective	30682
~~prior to~~ the ~~date of receipt of such~~last day of the month in	30683
which the vendor or the commissioner receives the notice.	30684

Sec. 5739.09. (A)(1) A board of county commissioners may, by	30685
resolution adopted by a majority of the members of the board, levy	30686
an excise tax not to exceed three per cent on transactions by	30687
which lodging by a hotel is or is to be furnished to transient	30688
guests. The board shall establish all regulations necessary to	30689
provide for the administration and allocation of the tax. The	30690
regulations may prescribe the time for payment of the tax, and may	30691
provide for the imposition of a penalty or interest, or both, for	30692
late payments, provided that the penalty does not exceed ten per	30693
cent of the amount of tax due, and the rate at which interest	30694
accrues does not exceed the rate per annum prescribed pursuant to	30695
section 5703.47 of the Revised Code. Except as provided in	30696
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	30697
regulations shall provide, after deducting the real and actual	30698
costs of administering the tax, for the return to each municipal	30699
corporation or township that does not levy an excise tax on the	30700
transactions, a uniform percentage of the tax collected in the	30701
municipal corporation or in the unincorporated portion of the	30702
township from each transaction, not to exceed thirty-three and	30703
one-third per cent. The remainder of the revenue arising from the	30704
tax shall be deposited in a separate fund and shall be spent	30705
solely to make contributions to the convention and visitors'	30706
bureau operating within the county, including a pledge and	30707
contribution of any portion of the remainder pursuant to an	30708
agreement authorized by section 307.678 or 307.695 of the Revised	30709
Code, provided that if the board of county commissioners of an	30710
eligible county as defined in section 307.678 or 307.695 of the	30711
Revised Code adopts a resolution amending a resolution levying a	30712
tax under this division to provide that ~~the~~ revenue from the tax	30713
shall be used by the board as described in either division (D) of	30714
section 307.678 or division (H) of section 307.695 of the Revised	30715
Code, the remainder of the revenue shall be used as described in	30716
the resolution making that amendment. Except as provided in	30717
division (A)(2), (3), (4), (5), (6), or (7) or (H) of this	30718
section, on and after May 10, 1994, a board of county	30719
commissioners may not levy an excise tax pursuant to this division	30720
in any municipal corporation or township located wholly or partly	30721
within the county that has in effect an ordinance or resolution	30722
levying an excise tax pursuant to division (B) of this section.	30723
The board of a county that has levied a tax under division (C) of	30724
this section may, by resolution adopted within ninety days after	30725
July 15, 1985, by a majority of the members of the board, amend	30726
the resolution levying a tax under this division to provide for a	30727
portion of that tax to be pledged and contributed in accordance	30728
with an agreement entered into under section 307.695 of the	30729
Revised Code. A tax, any revenue from which is pledged pursuant to	30730
such an agreement, shall remain in effect at the rate at which it	30731
is imposed for the duration of the period for which the revenue	30732
from the tax has been so pledged.	30733

The board of county commissioners of an eligible county as	30734
defined in section 307.695 of the Revised Code may, by resolution	30735
adopted by a majority of the members of the board, amend a	30736
resolution levying a tax under this division to provide that the	30737
revenue from the tax shall be used by the board as described in	30738
division (H) of section 307.695 of the Revised Code, in which case	30739
the tax shall remain in effect at the rate at which it was imposed	30740
for the duration of any agreement entered into by the board under	30741
section 307.695 of the Revised Code, the duration during which any	30742
securities issued by the board under that section are outstanding,	30743
or the duration of the period during which the board owns a	30744
project as defined in section 307.695 of the Revised Code,	30745
whichever duration is longest.	30746

The board of county commissioners of an eligible county as	30747
defined in section 307.678 of the Revised Code may, by resolution,	30748
amend a resolution levying a tax under this division to provide	30749
that revenue from the tax, not to exceed five hundred thousand	30750
dollars each year, may be used as described in division (D) of	30751
section 307.678 of the Revised Code.	30752

(2) A board of county commissioners that levies an excise tax	30753
under division (A)(1) of this section on June 30, 1997, at a rate	30754
of three per cent, and that has pledged revenue from the tax to an	30755
agreement entered into under section 307.695 of the Revised Code	30756
or, in the case of the board of county commissioners of an	30757
eligible county as defined in section 307.695 of the Revised Code,	30758
has amended a resolution levying a tax under division (C) of this	30759
section to provide that proceeds from the tax shall be used by the	30760
board as described in division (H) of section 307.695 of the	30761
Revised Code, may, at any time by a resolution adopted by a	30762
majority of the members of the board, amend the resolution levying	30763
a tax under division (A)(1) of this section to provide for an	30764
increase in the rate of that tax up to seven per cent on each	30765
transaction; to provide that revenue from the increase in the rate	30766
shall be used as described in division (H) of section 307.695 of	30767
the Revised Code or be spent solely to make contributions to the	30768
convention and visitors' bureau operating within the county to be	30769
used specifically for promotion, advertising, and marketing of the	30770
region in which the county is located; and to provide that the	30771
rate in excess of the three per cent levied under division (A)(1)	30772
of this section shall remain in effect at the rate at which it is	30773
imposed for the duration of the period during which any agreement	30774
is in effect that was entered into under section 307.695 of the	30775
Revised Code by the board of county commissioners levying a tax	30776
under division (A)(1) of this section, the duration of the period	30777
during which any securities issued by the board under division (I)	30778
of section 307.695 of the Revised Code are outstanding, or the	30779
duration of the period during which the board owns a project as	30780
defined in section 307.695 of the Revised Code, whichever duration	30781
is longest. The amendment also shall provide that no portion of	30782
that revenue need be returned to townships or municipal	30783
corporations as would otherwise be required under division (A)(1)	30784
of this section.	30785

(3) A board of county commissioners that levies a tax under	30786
division (A)(1) of this section on March 18, 1999, at a rate of	30787
three per cent may, by resolution adopted not later than	30788
forty-five days after March 18, 1999, amend the resolution levying	30789
the tax to provide for all of the following:	30790

(a) That the rate of the tax shall be increased by not more	30791
than an additional four per cent on each transaction;	30792

(b) That all of the revenue from the increase in the rate	30793
shall be pledged and contributed to a convention facilities	30794
authority established by the board of county commissioners under	30795
Chapter 351. of the Revised Code on or before November 15, 1998,	30796
and used to pay costs of constructing, maintaining, operating, and	30797
promoting a facility in the county, including paying bonds, or	30798
notes issued in anticipation of bonds, as provided by that	30799
chapter;	30800

(c) That no portion of the revenue arising from the increase	30801
in rate need be returned to municipal corporations or townships as	30802
otherwise required under division (A)(1) of this section;	30803

(d) That the increase in rate shall not be subject to	30804
diminution by initiative or referendum or by law while any bonds,	30805
or notes in anticipation of bonds, issued by the authority under	30806
Chapter 351. of the Revised Code to which the revenue is pledged,	30807
remain outstanding in accordance with their terms, unless	30808
provision is made by law or by the board of county commissioners	30809
for an adequate substitute therefor that is satisfactory to the	30810
trustee if a trust agreement secures the bonds.	30811

Division (A)(3) of this section does not apply to the board	30812
of county commissioners of any county in which a convention center	30813
or facility exists or is being constructed on November 15, 1998,	30814
or of any county in which a convention facilities authority levies	30815
a tax pursuant to section 351.021 of the Revised Code on that	30816
date.	30817

As used in division (A)(3) of this section, "cost" and	30818
"facility" have the same meanings as in section 351.01 of the	30819
Revised Code, and "convention center" has the same meaning as in	30820
section 307.695 of the Revised Code.	30821

(4)(a) A board of county commissioners that levies a tax	30822
under division (A)(1) of this section on June 30, 2002, at a rate	30823
of three per cent may, by resolution adopted not later than	30824
September 30, 2002, amend the resolution levying the tax to	30825
provide for all of the following:	30826

(i) That the rate of the tax shall be increased by not more	30827
than an additional three and one-half per cent on each	30828
transaction;	30829

(ii) That all of the revenue from the increase in rate shall	30830
be pledged and contributed to a convention facilities authority	30831
established by the board of county commissioners under Chapter	30832
351. of the Revised Code on or before May 15, 2002, and be used to	30833
pay costs of constructing, expanding, maintaining, operating, or	30834
promoting a convention center in the county, including paying	30835
bonds, or notes issued in anticipation of bonds, as provided by	30836
that chapter;	30837

(iii) That no portion of the revenue arising from the	30838
increase in rate need be returned to municipal corporations or	30839
townships as otherwise required under division (A)(1) of this	30840
section;	30841

(iv) That the increase in rate shall not be subject to	30842
diminution by initiative or referendum or by law while any bonds,	30843
or notes in anticipation of bonds, issued by the authority under	30844
Chapter 351. of the Revised Code to which the revenue is pledged,	30845
remain outstanding in accordance with their terms, unless	30846
provision is made by law or by the board of county commissioners	30847
for an adequate substitute therefor that is satisfactory to the	30848
trustee if a trust agreement secures the bonds.	30849

(b) Any board of county commissioners that, pursuant to	30850
division (A)(4)(a) of this section, has amended a resolution	30851
levying the tax authorized by division (A)(1) of this section may	30852
further amend the resolution to provide that the revenue referred	30853
to in division (A)(4)(a)(ii) of this section shall be pledged and	30854
contributed both to a convention facilities authority to pay the	30855
costs of constructing, expanding, maintaining, or operating one or	30856
more convention centers in the county, including paying bonds, or	30857
notes issued in anticipation of bonds, as provided in Chapter 351.	30858
of the Revised Code, and to a convention and visitors' bureau to	30859
pay the costs of promoting one or more convention centers in the	30860
county.	30861

As used in division (A)(4) of this section, "cost" has the	30862
same meaning as in section 351.01 of the Revised Code, and	30863
"convention center" has the same meaning as in section 307.695 of	30864
the Revised Code.	30865

(5)(a) As used in division (A)(5) of this section:

30866

(i) "Port authority" means a port authority created under	30867
Chapter 4582. of the Revised Code.	30868

(ii) "Port authority military-use facility" means port	30869
authority facilities on which or adjacent to which is located an	30870
installation of the armed forces of the United States, a reserve	30871
component thereof, or the national guard and at least part of	30872
which is made available for use, for consideration, by the armed	30873
forces of the United States, a reserve component thereof, or the	30874
national guard.	30875

(b) For the purpose of contributing revenue to pay operating	30876
expenses of a port authority that operates a port authority	30877
military-use facility, the board of county commissioners of a	30878
county that created, participated in the creation of, or has	30879
joined such a port authority may do one or both of the following:	30880

(i) Amend a resolution previously adopted under division	30881
(A)(1) of this section to designate some or all of the revenue	30882
from the tax levied under the resolution to be used for that	30883
purpose, notwithstanding that division;	30884

(ii) Amend a resolution previously adopted under division	30885
(A)(1) of this section to increase the rate of the tax by not more	30886
than an additional two per cent and use the revenue from the	30887
increase exclusively for that purpose.	30888

(c) If a board of county commissioners amends a resolution to	30889
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	30890
of this section, the board also may amend the resolution to	30891
specify that the increase in rate of the tax does not apply to	30892
"hotels," as otherwise defined in section 5739.01 of the Revised	30893
Code, having fewer rooms used for the accommodation of guests than	30894
a number of rooms specified by the board.	30895

(6) A board of county commissioners of a county organized	30896
under a county charter adopted pursuant to Article X, Section 3,	30897
Ohio Constitution, and that levies an excise tax under division	30898
(A)(1) of this section at a rate of three per cent and levies an	30899
additional excise tax under division (E) of this section at a rate	30900
of one and one-half per cent may, by resolution adopted not later	30901
than January 1, 2008, by a majority of the members of the board,	30902
amend the resolution levying a tax under division (A)(1) of this	30903
section to provide for an increase in the rate of that tax by not	30904
more than an additional one per cent on transactions by which	30905
lodging by a hotel is or is to be furnished to transient guests.	30906
Notwithstanding divisions (A)(1) and (E) of this section, the	30907
resolution shall provide that all of the revenue from the increase	30908
in rate, after deducting the real and actual costs of	30909
administering the tax, shall be used to pay the costs of	30910
improving, expanding, equipping, financing, or operating a	30911
convention center by a convention and visitors' bureau in the	30912
county. The increase in rate shall remain in effect for the period	30913
specified in the resolution, not to exceed ten years. The increase	30914
in rate shall be subject to the regulations adopted under division	30915
(A)(1) of this section, except that the resolution may provide	30916
that no portion of the revenue from the increase in the rate shall	30917
be returned to townships or municipal corporations as would	30918
otherwise be required under that division.	30919

(7) Division (A)(7) of this section applies only to a county	30920
with a population greater than sixty-five thousand and less than	30921
seventy thousand according to the most recent federal decennial	30922
census and in which, on December 31, 2006, an excise tax is levied	30923
under division (A)(1) of this section at a rate not less than and	30924
not greater than three per cent, and in which the most recent	30925
increase in the rate of that tax was enacted or took effect in	30926
November 1984.	30927

The board of county commissioners of a county to which this	30928
division applies, by resolution adopted by a majority of the	30929
members of the board, may increase the rate of the tax by not more	30930
than one per cent on transactions by which lodging by a hotel is	30931
or is to be furnished to transient guests. The increase in rate	30932
shall be for the purpose of paying expenses deemed necessary by	30933
the convention and visitors' bureau operating in the county to	30934
promote travel and tourism. The increase in rate shall remain in	30935
effect for the period specified in the resolution, not to exceed	30936
twenty years, provided that the increase in rate may not continue	30937
beyond the time when the purpose for which the increase is levied	30938
ceases to exist. If revenue from the increase in rate is pledged	30939
to the payment of debt charges on securities, the increase in rate	30940
is not subject to diminution by initiative or referendum or by law	30941
for so long as the securities are outstanding, unless provision is	30942
made by law or by the board of county commissioners for an	30943
adequate substitute for that revenue that is satisfactory to the	30944
trustee if a trust agreement secures payment of the debt charges.	30945
The increase in rate shall be subject to the regulations adopted	30946
under division (A)(1) of this section, except that the resolution	30947
may provide that no portion of the revenue from the increase in	30948
the rate shall be returned to townships or municipal corporations	30949
as would otherwise be required under division (A)(1) of this	30950
section. A resolution adopted under division (A)(7) of this	30951
section is subject to referendum under sections 305.31 to 305.99	30952
of the Revised Code.	30953

(B)(1) The legislative authority of a municipal corporation	30954
or the board of trustees of a township that is not wholly or	30955
partly located in a county that has in effect a resolution levying	30956
an excise tax pursuant to division (A)(1) of this section may, by	30957
ordinance or resolution, levy an excise tax not to exceed three	30958
per cent on transactions by which lodging by a hotel is or is to	30959
be furnished to transient guests. The legislative authority of the	30960
municipal corporation or the board of trustees of the township	30961
shall deposit at least fifty per cent of the revenue from the tax	30962
levied pursuant to this division into a separate fund, which shall	30963
be spent solely to make contributions to convention and visitors'	30964
bureaus operating within the county in which the municipal	30965
corporation or township is wholly or partly located, and the	30966
balance of that revenue shall be deposited in the general fund.	30967
The municipal corporation or township shall establish all	30968
regulations necessary to provide for the administration and	30969
allocation of the tax. The regulations may prescribe the time for	30970
payment of the tax, and may provide for the imposition of a	30971
penalty or interest, or both, for late payments, provided that the	30972
penalty does not exceed ten per cent of the amount of tax due, and	30973
the rate at which interest accrues does not exceed the rate per	30974
annum prescribed pursuant to section 5703.47 of the Revised Code.	30975
The levy of a tax under this division is in addition to any tax	30976
imposed on the same transaction by a municipal corporation or a	30977
township as authorized by division (A) of section 5739.08 of the	30978
Revised Code.	30979

(2)(a) The legislative authority of the most populous	30980
municipal corporation located wholly or partly in a county in	30981
which the board of county commissioners has levied a tax under	30982
division (A)(4) of this section may amend, on or before September	30983
30, 2002, that municipal corporation's ordinance or resolution	30984
that levies an excise tax on transactions by which lodging by a	30985
hotel is or is to be furnished to transient guests, to provide for	30986
all of the following:	30987

(i) That the rate of the tax shall be increased by not more	30988
than an additional one per cent on each transaction;	30989

(ii) That all of the revenue from the increase in rate shall	30990
be pledged and contributed to a convention facilities authority	30991
established by the board of county commissioners under Chapter	30992
351. of the Revised Code on or before May 15, 2002, and be used to	30993
pay costs of constructing, expanding, maintaining, operating, or	30994
promoting a convention center in the county, including paying	30995
bonds, or notes issued in anticipation of bonds, as provided by	30996
that chapter;	30997

(iii) That the increase in rate shall not be subject to	30998
diminution by initiative or referendum or by law while any bonds,	30999
or notes in anticipation of bonds, issued by the authority under	31000
Chapter 351. of the Revised Code to which the revenue is pledged,	31001
remain outstanding in accordance with their terms, unless	31002
provision is made by law, by the board of county commissioners, or	31003
by the legislative authority, for an adequate substitute therefor	31004
that is satisfactory to the trustee if a trust agreement secures	31005
the bonds.	31006

(b) The legislative authority of a municipal corporation	31007
that, pursuant to division (B)(2)(a) of this section, has amended	31008
its ordinance or resolution to increase the rate of the tax	31009
authorized by division (B)(1) of this section may further amend	31010
the ordinance or resolution to provide that the revenue referred	31011
to in division (B)(2)(a)(ii) of this section shall be pledged and	31012
contributed both to a convention facilities authority to pay the	31013
costs of constructing, expanding, maintaining, or operating one or	31014
more convention centers in the county, including paying bonds, or	31015
notes issued in anticipation of bonds, as provided in Chapter 351.	31016
of the Revised Code, and to a convention and visitors' bureau to	31017
pay the costs of promoting one or more convention centers in the	31018
county.	31019

As used in division (B)(2) of this section, "cost" has the	31020
same meaning as in section 351.01 of the Revised Code, and	31021
"convention center" has the same meaning as in section 307.695 of	31022
the Revised Code.	31023

(C) For the purposes described in section 307.695 of the	31024
Revised Code and to cover the costs of administering the tax, a	31025
board of county commissioners of a county where a tax imposed	31026
under division (A)(1) of this section is in effect may, by	31027
resolution adopted within ninety days after July 15, 1985, by a	31028
majority of the members of the board, levy an additional excise	31029
tax not to exceed three per cent on transactions by which lodging	31030
by a hotel is or is to be furnished to transient guests. The tax	31031
authorized by this division shall be in addition to any tax that	31032
is levied pursuant to division (A) of this section, but it shall	31033
not apply to transactions subject to a tax levied by a municipal	31034
corporation or township pursuant to the authorization granted by	31035
division (A) of section 5739.08 of the Revised Code. The board	31036
shall establish all regulations necessary to provide for the	31037
administration and allocation of the tax. The regulations may	31038
prescribe the time for payment of the tax, and may provide for the	31039
imposition of a penalty or interest, or both, for late payments,	31040
provided that the penalty does not exceed ten per cent of the	31041
amount of tax due, and the rate at which interest accrues does not	31042
exceed the rate per annum prescribed pursuant to section 5703.47	31043
of the Revised Code. All revenues arising from the tax shall be	31044
expended in accordance with section 307.695 of the Revised Code.	31045
The board of county commissioners of an eligible county as defined	31046
in section 307.695 of the Revised Code may, by resolution adopted	31047
by a majority of the members of the board, amend the resolution	31048
levying a tax under this division to provide that the revenue from	31049
the tax shall be used by the board as described in division (H) of	31050
section 307.695 of the Revised Code. A tax imposed under this	31051
division shall remain in effect at the rate at which it is imposed	31052
for the duration of the period during which any agreement entered	31053
into by the board under section 307.695 of the Revised Code is in	31054
effect, the duration of the period during which any securities	31055
issued by the board under division (I) of section 307.695 of the	31056
Revised Code are outstanding, or the duration of the period during	31057
which the board owns a project as defined in section 307.695 of	31058
the Revised Code, whichever duration is longest.	31059

(D) For the purpose of providing contributions under division	31060
(B)(1) of section 307.671 of the Revised Code to enable the	31061
acquisition, construction, and equipping of a port authority	31062
educational and cultural facility in the county and, to the extent	31063
provided for in the cooperative agreement authorized by that	31064
section, for the purpose of paying debt service charges on bonds,	31065
or notes in anticipation of bonds, described in division (B)(1)(b)	31066
of that section, a board of county commissioners, by resolution	31067
adopted within ninety days after December 22, 1992, by a majority	31068
of the members of the board, may levy an additional excise tax not	31069
to exceed one and one-half per cent on transactions by which	31070
lodging by a hotel is or is to be furnished to transient guests.	31071
The excise tax authorized by this division shall be in addition to	31072
any tax that is levied pursuant to divisions (A), (B), and (C) of	31073
this section, to any excise tax levied pursuant to section 5739.08	31074
of the Revised Code, and to any excise tax levied pursuant to	31075
section 351.021 of the Revised Code. The board of county	31076
commissioners shall establish all regulations necessary to provide	31077
for the administration and allocation of the tax that are not	31078
inconsistent with this section or section 307.671 of the Revised	31079
Code. The regulations may prescribe the time for payment of the	31080
tax, and may provide for the imposition of a penalty or interest,	31081
or both, for late payments, provided that the penalty does not	31082
exceed ten per cent of the amount of tax due, and the rate at	31083
which interest accrues does not exceed the rate per annum	31084
prescribed pursuant to section 5703.47 of the Revised Code. All	31085
revenues arising from the tax shall be expended in accordance with	31086
section 307.671 of the Revised Code and division (D) of this	31087
section. The levy of a tax imposed under this division may not	31088
commence prior to the first day of the month next following the	31089
execution of the cooperative agreement authorized by section	31090
307.671 of the Revised Code by all parties to that agreement. The	31091
tax shall remain in effect at the rate at which it is imposed for	31092
the period of time described in division (C) of section 307.671 of	31093
the Revised Code for which the revenue from the tax has been	31094
pledged by the county to the corporation pursuant to that section,	31095
but, to any extent provided for in the cooperative agreement, for	31096
no lesser period than the period of time required for payment of	31097
the debt service charges on bonds, or notes in anticipation of	31098
bonds, described in division (B)(1)(b) of that section.	31099

(E) For the purpose of paying the costs of acquiring,	31100
constructing, equipping, and improving a municipal educational and	31101
cultural facility, including debt service charges on bonds	31102
provided for in division (B) of section 307.672 of the Revised	31103
Code, and for any additional purposes determined by the county in	31104
the resolution levying the tax or amendments to the resolution,	31105
including subsequent amendments providing for paying costs of	31106
acquiring, constructing, renovating, rehabilitating, equipping,	31107
and improving a port authority educational and cultural performing	31108
arts facility, as defined in section 307.674 of the Revised Code,	31109
and including debt service charges on bonds provided for in	31110
division (B) of section 307.674 of the Revised Code, the	31111
legislative authority of a county, by resolution adopted within	31112
ninety days after June 30, 1993, by a majority of the members of	31113
the legislative authority, may levy an additional excise tax not	31114
to exceed one and one-half per cent on transactions by which	31115
lodging by a hotel is or is to be furnished to transient guests.	31116
The excise tax authorized by this division shall be in addition to	31117
any tax that is levied pursuant to divisions (A), (B), (C), and	31118
(D) of this section, to any excise tax levied pursuant to section	31119
5739.08 of the Revised Code, and to any excise tax levied pursuant	31120
to section 351.021 of the Revised Code. The legislative authority	31121
of the county shall establish all regulations necessary to provide	31122
for the administration and allocation of the tax. The regulations	31123
may prescribe the time for payment of the tax, and may provide for	31124
the imposition of a penalty or interest, or both, for late	31125
payments, provided that the penalty does not exceed ten per cent	31126
of the amount of tax due, and the rate at which interest accrues	31127
does not exceed the rate per annum prescribed pursuant to section	31128
5703.47 of the Revised Code. All revenues arising from the tax	31129
shall be expended in accordance with section 307.672 of the	31130
Revised Code and this division. The levy of a tax imposed under	31131
this division shall not commence prior to the first day of the	31132
month next following the execution of the cooperative agreement	31133
authorized by section 307.672 of the Revised Code by all parties	31134
to that agreement. The tax shall remain in effect at the rate at	31135
which it is imposed for the period of time determined by the	31136
legislative authority of the county. That period of time shall not	31137
exceed fifteen years, except that the legislative authority of a	31138
county with a population of less than two hundred fifty thousand	31139
according to the most recent federal decennial census, by	31140
resolution adopted by a majority of its members before the	31141
original tax expires, may extend the duration of the tax for an	31142
additional period of time. The additional period of time by which	31143
a legislative authority extends a tax levied under this division	31144
shall not exceed fifteen years.	31145

(F) The legislative authority of a county that has levied a	31146
tax under division (E) of this section may, by resolution adopted	31147
within one hundred eighty days after January 4, 2001, by a	31148
majority of the members of the legislative authority, amend the	31149
resolution levying a tax under that division to provide for the	31150
use of the proceeds of that tax, to the extent that it is no	31151
longer needed for its original purpose as determined by the	31152
parties to a cooperative agreement amendment pursuant to division	31153
(D) of section 307.672 of the Revised Code, to pay costs of	31154
acquiring, constructing, renovating, rehabilitating, equipping,	31155
and improving a port authority educational and cultural performing	31156
arts facility, including debt service charges on bonds provided	31157
for in division (B) of section 307.674 of the Revised Code, and to	31158
pay all obligations under any guaranty agreements, reimbursement	31159
agreements, or other credit enhancement agreements described in	31160
division (C) of section 307.674 of the Revised Code. The	31161
resolution may also provide for the extension of the tax at the	31162
same rate for the longer of the period of time determined by the	31163
legislative authority of the county, but not to exceed an	31164
additional twenty-five years, or the period of time required to	31165
pay all debt service charges on bonds provided for in division (B)	31166
of section 307.672 of the Revised Code and on port authority	31167
revenue bonds provided for in division (B) of section 307.674 of	31168
the Revised Code. All revenues arising from the amendment and	31169
extension of the tax shall be expended in accordance with section	31170
307.674 of the Revised Code, this division, and division (E) of	31171
this section.	31172

(G) For purposes of a tax levied by a county, township, or	31173
municipal corporation under this section or section 5739.08 of the	31174
Revised Code, a board of county commissioners, board of township	31175
trustees, or the legislative authority of a municipal corporation	31176
may adopt a resolution or ordinance at any time specifying that	31177
"hotel," as otherwise defined in section 5739.01 of the Revised	31178
Code, includes the following:	31179

(1) Establishments in which fewer than five rooms are used	31180
for the accommodation of guests.	31181

(2) Establishments at which rooms are used for the	31182
accommodation of guests regardless of whether each room is	31183
accessible through its own keyed entry or several rooms are	31184
accessible through the same keyed entry; and, in determining the	31185
number of rooms, all rooms are included regardless of the number	31186
of structures in which the rooms are situated or the number of	31187
parcels of land on which the structures are located if the	31188
structures are under the same ownership and the structures are not	31189
identified in advertisements of the accommodations as distinct	31190
establishments. For the purposes of division (G)(2) of this	31191
section, two or more structures are under the same ownership if	31192
they are owned by the same person, or if they are owned by two or	31193
more persons the majority of the ownership interests of which are	31194
owned by the same person.	31195

The resolution or ordinance may apply to a tax imposed	31196
pursuant to this section prior to the adoption of the resolution	31197
or ordinance if the resolution or ordinance so states, but the tax	31198
shall not apply to transactions by which lodging by such an	31199
establishment is provided to transient guests prior to the	31200
adoption of the resolution or ordinance.	31201

(H)(1) As used in this division:

31202

(a) "Convention facilities authority" has the same meaning as	31203
in section 351.01 of the Revised Code.	31204

(b) "Convention center" has the same meaning as in section	31205
307.695 of the Revised Code.	31206

(2) Notwithstanding any contrary provision of division (D) of	31207
this section, the legislative authority of a county with a	31208
population of one million or more according to the most recent	31209
federal decennial census that has levied a tax under division (D)	31210
of this section may, by resolution adopted by a majority of the	31211
members of the legislative authority, provide for the extension of	31212
such levy and may provide that the proceeds of that tax, to the	31213
extent that they are no longer needed for their original purpose	31214
as defined by a cooperative agreement entered into under section	31215
307.671 of the Revised Code, shall be deposited into the county	31216
general revenue fund. The resolution shall provide for the	31217
extension of the tax at a rate not to exceed the rate specified in	31218
division (D) of this section for a period of time determined by	31219
the legislative authority of the county, but not to exceed an	31220
additional forty years.	31221

(3) The legislative authority of a county with a population	31222
of one million or more that has levied a tax under division (A)(1)	31223
of this section may, by resolution adopted by a majority of the	31224
members of the legislative authority, increase the rate of the tax	31225
levied by such county under division (A)(1) of this section to a	31226
rate not to exceed five per cent on transactions by which lodging	31227
by a hotel is or is to be furnished to transient guests.	31228
Notwithstanding any contrary provision of division (A)(1) of this	31229
section, the resolution may provide that all collections resulting	31230
from the rate levied in excess of three per cent, after deducting	31231
the real and actual costs of administering the tax, shall be	31232
deposited in the county general fund.	31233

(4) The legislative authority of a county with a population	31234
of one million or more that has levied a tax under division (A)(1)	31235
of this section may, by resolution adopted on or before August 30,	31236
2004, by a majority of the members of the legislative authority,	31237
provide that all or a portion of the proceeds of the tax levied	31238
under division (A)(1) of this section, after deducting the real	31239
and actual costs of administering the tax and the amounts required	31240
to be returned to townships and municipal corporations with	31241
respect to the first three per cent levied under division (A)(1)	31242
of this section, shall be deposited in the county general fund,	31243
provided that such proceeds shall be used to satisfy any pledges	31244
made in connection with an agreement entered into under section	31245
307.695 of the Revised Code.	31246

(5) No amount collected from a tax levied, extended, or	31247
required to be deposited in the county general fund under division	31248
(H) of this section shall be contributed to a convention	31249
facilities authority, corporation, or other entity created after	31250
July 1, 2003, for the principal purpose of constructing,	31251
improving, expanding, equipping, financing, or operating a	31252
convention center unless the mayor of the municipal corporation in	31253
which the convention center is to be operated by that convention	31254
facilities authority, corporation, or other entity has consented	31255
to the creation of that convention facilities authority,	31256
corporation, or entity. Notwithstanding any contrary provision of	31257
section 351.04 of the Revised Code, if a tax is levied by a county	31258
under division (H) of this section, the board of county	31259
commissioners of that county may determine the manner of	31260
selection, the qualifications, the number, and terms of office of	31261
the members of the board of directors of any convention facilities	31262
authority, corporation, or other entity described in division	31263
(H)(5) of this section.	31264

(6)(a) No amount collected from a tax levied, extended, or	31265
required to be deposited in the county general fund under division	31266
(H) of this section may be used for any purpose other than paying	31267
the direct and indirect costs of constructing, improving,	31268
expanding, equipping, financing, or operating a convention center	31269
and for the real and actual costs of administering the tax,	31270
unless, prior to the adoption of the resolution of the legislative	31271
authority of the county authorizing the levy, extension, increase,	31272
or deposit, the county and the mayor of the most populous	31273
municipal corporation in that county have entered into an	31274
agreement as to the use of such amounts, provided that such	31275
agreement has been approved by a majority of the mayors of the	31276
other municipal corporations in that county. The agreement shall	31277
provide that the amounts to be used for purposes other than paying	31278
the convention center or administrative costs described in	31279
division (H)(6)(a) of this section be used only for the direct and	31280
indirect costs of capital improvements, including the financing of	31281
capital improvements.	31282

(b) If the county in which the tax is levied has an	31283
association of mayors and city managers, the approval of that	31284
association of an agreement described in division (H)(6)(a) of	31285
this section shall be considered to be the approval of the	31286
majority of the mayors of the other municipal corporations for	31287
purposes of that division.	31288

(7) Each year, the auditor of state shall conduct an audit of	31289
the uses of any amounts collected from taxes levied, extended, or	31290
deposited under division (H) of this section and shall prepare a	31291
report of the auditor of state's findings. The auditor of state	31292
shall submit the report to the legislative authority of the county	31293
that has levied, extended, or deposited the tax, the speaker of	31294
the house of representatives, the president of the senate, and the	31295
leaders of the minority parties of the house of representatives	31296
and the senate.	31297

(I)(1) As used in this division:

31298

(a) "Convention facilities authority" has the same meaning as	31299
in section 351.01 of the Revised Code.	31300

(b) "Convention center" has the same meaning as in section	31301
307.695 of the Revised Code.	31302

(2) Notwithstanding any contrary provision of division (D) of	31303
this section, the legislative authority of a county with a	31304
population of one million two hundred thousand or more according	31305
to the most recent federal decennial census or the most recent	31306
annual population estimate published or released by the United	31307
States census bureau at the time the resolution is adopted placing	31308
the levy on the ballot, that has levied a tax under division (D)	31309
of this section may, by resolution adopted by a majority of the	31310
members of the legislative authority, provide for the extension of	31311
such levy and may provide that the proceeds of that tax, to the	31312
extent that the proceeds are no longer needed for their original	31313
purpose as defined by a cooperative agreement entered into under	31314
section 307.671 of the Revised Code and after deducting the real	31315
and actual costs of administering the tax, shall be used for	31316
paying the direct and indirect costs of constructing, improving,	31317
expanding, equipping, financing, or operating a convention center.	31318
The resolution shall provide for the extension of the tax at a	31319
rate not to exceed the rate specified in division (D) of this	31320
section for a period of time determined by the legislative	31321
authority of the county, but not to exceed an additional forty	31322
years.	31323

(3) The legislative authority of a county with a population	31324
of one million two hundred thousand or more that has levied a tax	31325
under division (A)(1) of this section may, by resolution adopted	31326
by a majority of the members of the legislative authority,	31327
increase the rate of the tax levied by such county under division	31328
(A)(1) of this section to a rate not to exceed five per cent on	31329
transactions by which lodging by a hotel is or is to be furnished	31330
to transient guests. Notwithstanding any contrary provision of	31331
division (A)(1) of this section, the resolution shall provide that	31332
all collections resulting from the rate levied in excess of three	31333
per cent, after deducting the real and actual costs of	31334
administering the tax, shall be used for paying the direct and	31335
indirect costs of constructing, improving, expanding, equipping,	31336
financing, or operating a convention center.	31337

(4) The legislative authority of a county with a population	31338
of one million two hundred thousand or more that has levied a tax	31339
under division (A)(1) of this section may, by resolution adopted	31340
on or before July 1, 2008, by a majority of the members of the	31341
legislative authority, provide that all or a portion of the	31342
proceeds of the tax levied under division (A)(1) of this section,	31343
after deducting the real and actual costs of administering the tax	31344
and the amounts required to be returned to townships and municipal	31345
corporations with respect to the first three per cent levied under	31346
division (A)(1) of this section, shall be used to satisfy any	31347
pledges made in connection with an agreement entered into under	31348
section 307.695 of the Revised Code or shall otherwise be used for	31349
paying the direct and indirect costs of constructing, improving,	31350
expanding, equipping, financing, or operating a convention center.	31351

(5) Any amount collected from a tax levied or extended under	31352
division (I) of this section may be contributed to a convention	31353
facilities authority created before July 1, 2005, but no amount	31354
collected from a tax levied or extended under division (I) of this	31355
section may be contributed to a convention facilities authority,	31356
corporation, or other entity created after July 1, 2005, unless	31357
the mayor of the municipal corporation in which the convention	31358
center is to be operated by that convention facilities authority,	31359
corporation, or other entity has consented to the creation of that	31360
convention facilities authority, corporation, or entity.	31361

(J) ~~All~~(1) Except as provided in division (J)(2) of this	31362
section, money collected by a county and distributed under this	31363
section to a convention and visitors' bureau in existence as of	31364
June 30, 2013, the effective date of H.B. 59 of the 130th general	31365
assembly, except for any such money pledged, as of that effective	31366
date, to the payment of debt service charges on bonds, notes,	31367
securities, or lease agreements, shall be used solely for tourism	31368
sales, marketing and promotion, and their associated costs,	31369
including, but not limited to, operational and administrative	31370
costs of the bureau, sales and marketing, and maintenance of the	31371
physical bureau structure.	31372

(2) A convention and visitors' bureau that has entered into	31373
an agreement under section 307.678 of the Revised Code may use	31374
revenue it receives from a tax levied under division (A)(1) of	31375
this section as described in division (D) of section 307.678 of	31376
the Revised Code.	31377

(K) The board of county commissioners of a county with a	31378
population between one hundred three thousand and one hundred	31379
seven thousand according to the most recent federal decennial	31380
census, by resolution adopted by a majority of the members of the	31381
board within six months after the effective date of H.B. 483 of	31382
the 130th general assembly, may levy a tax not to exceed three per	31383
cent on transactions by which a hotel is or is to be furnished to	31384
transient guests. The purpose of the tax shall be to pay the costs	31385
of expanding, maintaining, or operating a soldiers' memorial and	31386
the costs of administering the tax. All revenue arising from the	31387
tax shall be credited to one or more special funds in the county	31388
treasury and shall be spent solely for the purposes of paying	31389
those costs. The board of county commissioners shall adopt all	31390
rules necessary to provide for the administration of the tax	31391
subject to the same limitations on imposing penalty or interest	31392
under division (A)(1) of this section.	31393

As used in this division "soldiers' memorial" means a	31394
memorial constructed and funded under Chapter 345. of the Revised	31395
Code.	31396

Sec. 5747.02. (A) For the purpose of providing revenue for	31397
the support of schools and local government functions, to provide	31398
relief to property taxpayers, to provide revenue for the general	31399
revenue fund, and to meet the expenses of administering the tax	31400
levied by this chapter, there is hereby levied on every	31401
individual, trust, and estate residing in or earning or receiving	31402
income in this state, on every individual, trust, and estate	31403
earning or receiving lottery winnings, prizes, or awards pursuant	31404
to Chapter 3770. of the Revised Code, on every individual, trust,	31405
and estate earning or receiving winnings on casino gaming, and on	31406
every individual, trust, and estate otherwise having nexus with or	31407
in this state under the Constitution of the United States, an	31408
annual tax measured in the case of individuals by Ohio adjusted	31409
gross income less an exemption for the taxpayer, the taxpayer's	31410
spouse, and each dependent as provided in section 5747.025 of the	31411
Revised Code; measured in the case of trusts by modified Ohio	31412
taxable income under division (D) of this section; and measured in	31413
the case of estates by Ohio taxable income. The tax imposed by	31414
this section on the balance thus obtained is hereby levied as	31415
follows:	31416

(1) For taxable years beginning in 2004:

31417

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		31418
OR		31419
MODIFIED OHIO		31420
TAXABLE INCOME (TRUSTS)		31421
OR		31422
OHIO TAXABLE INCOME (ESTATES)	TAX	31423

$5,000 or less	.743%	31424
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	31425
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	31426
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	31427
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	31428
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	31429
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	31430
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	31431
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	31432

(2) For taxable years beginning in 2005:

31433

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		31434
OR		31435
MODIFIED OHIO		31436
TAXABLE INCOME (TRUSTS)		31437
OR		31438
OHIO TAXABLE INCOME (ESTATES)	TAX	31439

$5,000 or less	.712%	31440
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	31441
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	31442
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	31443
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	31444
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	31445
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	31446
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	31447
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	31448

(3) For taxable years beginning in 2006:

31449

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		31450
OR		31451
MODIFIED OHIO		31452
TAXABLE INCOME (TRUSTS)		31453
OR		31454
OHIO TAXABLE INCOME (ESTATES)	TAX	31455

$5,000 or less	.681%	31456
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	31457
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	31458
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	31459
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	31460
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	31461
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	31462
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	31463
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	31464

(4) For taxable years beginning in 2007:

31465

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		31466
OR		31467
MODIFIED OHIO		31468
TAXABLE INCOME (TRUSTS)		31469
OR		31470
OHIO TAXABLE INCOME (ESTATES)	TAX	31471

$5,000 or less	.649%	31472
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	31473
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	31474
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	31475
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	31476
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	31477
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	31478
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	31479
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	31480

(5) For taxable years beginning in 2008, 2009, or 2010:

31481

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		31482
OR		31483
MODIFIED OHIO		31484
TAXABLE INCOME (TRUSTS)		31485
OR		31486
OHIO TAXABLE INCOME (ESTATES)	TAX	31487

$5,000 or less	.618%	31488
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	31489
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	31490
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	31491
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	31492
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	31493
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	31494
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	31495
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	31496

(6) For taxable years beginning in 2011 or 2012:

31497

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		31498
OR		31499
MODIFIED OHIO		31500
TAXABLE INCOME (TRUSTS)		31501
OR		31502
OHIO TAXABLE INCOME (ESTATES)	TAX	31503

$5,000 or less	.587%	31504
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	31505
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	31506
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	31507
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	31508
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	31509
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	31510
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	31511
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	31512

(7) For taxable years beginning in 2013:

31513

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		31514
OR		31515
MODIFIED OHIO		31516
TAXABLE INCOME (TRUSTS)		31517
OR		31518
OHIO TAXABLE INCOME (ESTATES)	TAX	31519

$5,000 or less	.537%	31520
More than $5,000 but not more than $10,000	$26.86 plus 1.074% of the amount in excess of $5,000	31521
More than $10,000 but not more than $15,000	$80.57 plus 2.148% of the amount in excess of $10,000	31522
More than $15,000 but not more than $20,000	$187.99 plus 2.686% of the amount in excess of $15,000	31523
More than $20,000 but not more than $40,000	$322.26 plus 3.222% of the amount in excess of $20,000	31524
More than $40,000 but not more than $80,000	$966.61 plus 3.760% of the amount in excess of $40,000	31525
More than $80,000 but not more than $100,000	$2,470.50 plus 4.296% of the amount in excess of $80,000	31526
More than $100,000 but not more than $200,000	$3,329.68 plus 4.988% of the amount in excess of $100,000	31527
More than $200,000	$8,317.35 plus 5.421% of the amount in excess of $200,000	31528

(8) For taxable years beginning in 2014 or thereafter:

31529

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		31530
OR		31531
MODIFIED OHIO		31532
TAXABLE INCOME (TRUSTS)		31533
OR		31534
OHIO TAXABLE INCOME (ESTATES)	TAX	31535

~~$5,000 or less~~	~~.534%~~	31536
~~More than $5,000 but not more than $10,000~~	~~$26.71 plus 1.068% of the amount in excess of $5,000~~	31537
~~More than $10,000 but not more than $15,000~~	~~$80.13 plus 2.137% of the amount in excess of $10,000~~	31538
~~More than $15,000 but not more than $20,000~~	~~$186.96 plus 2.671% of the amount in excess of $15,000~~	31539
~~More than $20,000 but not more than $40,000~~	~~$320.50 plus 3.204% of the amount in excess of $20,000~~	31540
~~More than $40,000 but not more than $80,000~~	~~$961.32 plus 3.739% of the amount in excess of $40,000~~	31541
~~More than $80,000 but not more than $100,000~~	~~$2,457.00 plus 4.272% of the amount in excess of $80,000~~	31542
~~More than $100,000 but not more than $200,000~~	~~$3,311.49 plus 4.960% of the amount in excess of $100,000~~	31543
~~More than $200,000~~	~~$8,271.90 plus 5.392% of the amount in excess of $200,000~~	31544

~~(9) For taxable years beginning in 2015 or thereafter:~~

31545

~~OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)~~		31546
OR		31547
~~MODIFIED OHIO~~		31548
~~TAXABLE INCOME (TRUSTS)~~		31549
OR		31550
~~OHIO TAXABLE INCOME (ESTATES)~~	~~TAX~~	31551

$5,000 or less	.528%	31552
More than $5,000 but not more than $10,000	$26.41 plus 1.057% of the amount in excess of $5,000	31553
More than $10,000 but not more than $15,000	$79.24 plus 2.113% of the amount in excess of $10,000	31554
More than $15,000 but not more than $20,000	$184.90 plus 2.642% of the amount in excess of $15,000	31555
More than $20,000 but not more than $40,000	$316.98 plus 3.169% of the amount in excess of $20,000	31556
More than $40,000 but not more than $80,000	$950.76 plus 3.698% of the amount in excess of $40,000	31557
More than $80,000 but not more than $100,000	$2,430.00 plus 4.226% of the amount in excess of $80,000	31558
More than $100,000 but not more than $200,000	$3,275.10 plus 4.906% of the amount in excess of $100,000	31559
More than $200,000	$8,181.00 plus 5.333% of the amount in excess of $200,000	31560

Except as otherwise provided in this division, in August of	31561
each year, the tax commissioner shall make a new adjustment to the	31562
income amounts prescribed in this division by multiplying the	31563
percentage increase in the gross domestic product deflator	31564
computed that year under section 5747.025 of the Revised Code by	31565
each of the income amounts resulting from the adjustment under	31566
this division in the preceding year, adding the resulting product	31567
to the corresponding income amount resulting from the adjustment	31568
in the preceding year, and rounding the resulting sum to the	31569
nearest multiple of fifty dollars. The tax commissioner also shall	31570
recompute each of the tax dollar amounts to the extent necessary	31571
to reflect the new adjustment of the income amounts. The rates of	31572
taxation shall not be adjusted.	31573

The adjusted amounts apply to taxable years beginning in the	31574
calendar year in which the adjustments are made and to taxable	31575
years beginning in each ensuing calendar year until a calendar	31576
year in which a new adjustment is made pursuant to this division.	31577
The tax commissioner shall not make a new adjustment in any year	31578
in which the amount resulting from the adjustment would be less	31579
than the amount resulting from the adjustment in the preceding	31580
year. The commissioner shall not make a new adjustment for taxable	31581
years beginning in 2013, 2014, or 2015.	31582

(B) If the director of budget and management makes a	31583
certification to the tax commissioner under division (B) of	31584
section 131.44 of the Revised Code, the amount of tax as	31585
determined under division (A) of this section shall be reduced by	31586
the percentage prescribed in that certification for taxable years	31587
beginning in the calendar year in which that certification is	31588
made.	31589

(C) The levy of this tax on income does not prevent a	31590
municipal corporation, a joint economic development zone created	31591
under section 715.691, or a joint economic development district	31592
created under section 715.70 or 715.71 or sections 715.72 to	31593
715.81 of the Revised Code from levying a tax on income.	31594

(D) This division applies only to taxable years of a trust	31595
beginning in 2002 or thereafter.	31596

(1) The tax imposed by this section on a trust shall be	31597
computed by multiplying the Ohio modified taxable income of the	31598
trust by the rates prescribed by division (A) of this section.	31599

(2) A resident trust may claim a credit against the tax	31600
computed under division (D) of this section equal to the lesser of	31601
(1) the tax paid to another state or the District of Columbia on	31602
the resident trust's modified nonbusiness income, other than the	31603
portion of the resident trust's nonbusiness income that is	31604
qualifying investment income as defined in section 5747.012 of the	31605
Revised Code, or (2) the effective tax rate, based on modified	31606
Ohio taxable income, multiplied by the resident trust's modified	31607
nonbusiness income other than the portion of the resident trust's	31608
nonbusiness income that is qualifying investment income. The	31609
credit applies before any other applicable credits.	31610

(3) The credits enumerated in divisions (A)(1) to (13) of	31611
section 5747.98 of the Revised Code do not apply to a trust	31612
subject to division (D) of this section. Any credits enumerated in	31613
other divisions of section 5747.98 of the Revised Code apply to a	31614
trust subject to division (D) of this section. To the extent that	31615
the trust distributes income for the taxable year for which a	31616
credit is available to the trust, the credit shall be shared by	31617
the trust and its beneficiaries. The tax commissioner and the	31618
trust shall be guided by applicable regulations of the United	31619
States treasury regarding the sharing of credits.	31620

(E) For the purposes of this section, "trust" means any trust	31621
described in Subchapter J of Chapter 1 of the Internal Revenue	31622
Code, excluding trusts that are not irrevocable as defined in	31623
division (I)(3)(b) of section 5747.01 of the Revised Code and that	31624
have no modified Ohio taxable income for the taxable year,	31625
charitable remainder trusts, qualified funeral trusts and preneed	31626
funeral contract trusts established pursuant to sections 4717.31	31627
to 4717.38 of the Revised Code that are not qualified funeral	31628
trusts, endowment and perpetual care trusts, qualified settlement	31629
trusts and funds, designated settlement trusts and funds, and	31630
trusts exempted from taxation under section 501(a) of the Internal	31631
Revenue Code.	31632

Sec. 5747.025. (A) ~~Except as otherwise provided in this~~	31633
~~division~~For taxable years beginning in 2014 or 2015, the personal	31634
exemption for the taxpayer ~~and~~, the taxpayer's spouse, and each	31635
dependent shall be ~~seven hundred fifty dollars each for the~~	31636
~~taxable year beginning in 1996, eight hundred fifty dollars each~~	31637
~~for the taxable year beginning in 1997, nine hundred fifty dollars~~	31638
~~each for the taxable year beginning in 1998, and one thousand~~	31639
~~fifty dollars each for the taxable year beginning in 1999 and~~	31640
~~taxable years beginning after 1999. The~~one of the following	31641
amounts:	31642

(1) Two thousand two hundred dollars if the taxpayer's Ohio	31643
adjusted gross income for the taxable year as shown on an	31644
individual or joint annual return is less than or equal to forty	31645
thousand dollars;	31646

(2) One thousand nine hundred fifty dollars if the taxpayer's	31647
Ohio adjusted gross income for the taxable year as shown on an	31648
individual or joint annual return is greater than forty thousand	31649
dollars but less than or equal to eighty thousand dollars;	31650

(3) One thousand seven hundred dollars if the taxpayer's Ohio	31651
adjusted gross income for the taxable year as shown on an	31652
individual or joint annual return is greater than eighty thousand	31653
dollars.	31654

(B) For taxable years beginning in 2016 and thereafter, the	31655
personal exemption ~~amount~~amounts prescribed in ~~this~~ division ~~for~~	31656
~~taxable years beginning after 1999~~(A) of this section shall be	31657
adjusted each year in the manner prescribed in division (C) of	31658
this section. In the case of an individual with respect to whom an	31659
exemption under section 5747.02 of the Revised Code is allowable	31660
to another taxpayer for a taxable year beginning in the calendar	31661
year in which the individual's taxable year begins, the exemption	31662
amount applicable to such individual for such individual's taxable	31663
year shall be zero.	31664

~~(B) The personal exemption for each dependent shall be eight~~	31665
~~hundred fifty dollars for the taxable year beginning in 1996, and~~	31666
~~one thousand fifty dollars for the taxable year beginning in 1997~~	31667
~~and taxable years beginning after 1997. The personal exemption~~	31668
~~amount prescribed in this division for taxable years beginning~~	31669
~~after 1999 shall be adjusted each year in the manner prescribed in~~	31670
~~division (C) of this section.~~	31671

(C) Except as otherwise provided in this division, in August	31672
of each year, the tax commissioner shall determine the percentage	31673
increase in the gross domestic product deflator determined by the	31674
bureau of economic analysis of the United States department of	31675
commerce from the first day of January of the preceding calendar	31676
year to the last day of December of the preceding year, and make a	31677
new adjustment to the personal exemption amount for taxable years	31678
beginning in the current calendar year by multiplying that amount	31679
by the percentage increase in the gross domestic product deflator	31680
for that period; adding the resulting product to the personal	31681
exemption amount for taxable years beginning in the preceding	31682
calendar year; and rounding the resulting sum upward to the	31683
nearest multiple of fifty dollars. The adjusted amount applies to	31684
taxable years beginning in the calendar year in which the	31685
adjustment is made and to taxable years beginning in each ensuing	31686
calendar year until a calendar year in which a new adjustment is	31687
made pursuant to this division. The commissioner shall not make a	31688
new adjustment in any calendar year in which the amount resulting	31689
from the adjustment would be less than the amount resulting from	31690
the adjustment in the preceding calendar year. ~~The commissioner~~	31691
~~shall not make a new adjustment for taxable years beginning in~~	31692
~~2013, 2014, or 2015.~~	31693

Sec. 5747.50. (A) As used in this section:

31694

(1) "County's proportionate share of the calendar year 2007	31695
LGF and LGRAF distributions" means the percentage computed for the	31696
county under division (B)(1)(a) of section 5747.501 of the Revised	31697
Code.	31698

(2) "County's proportionate share of the total amount of the	31699
local government fund additional revenue formula" means each	31700
county's proportionate share of the state's population as	31701
determined for and certified to the county for distributions to be	31702
made during the current calendar year under division (B)(2)(a) of	31703
section 5747.501 of the Revised Code. If prior to the first day of	31704
January of the current calendar year the federal government has	31705
issued a revision to the population figures reflected in the	31706
estimate produced pursuant to division (B)(2)(a) of section	31707
5747.501 of the Revised Code, such revised population figures	31708
shall be used for making the distributions during the current	31709
calendar year.	31710

(3) "2007 LGF and LGRAF county distribution base available in	31711
that month" means the lesser of the amounts described in division	31712
(A)(3)(a) and (b) of this section, provided that the amount shall	31713
not be less than zero:	31714

(a) The total amount available for distribution to counties	31715
from the local government fund during the current month.	31716

(b) The total amount distributed to counties from the local	31717
government fund and the local government revenue assistance fund	31718
to counties in calendar year 2007 less the total amount	31719
distributed to counties under division (B)(1) of this section	31720
during previous months of the current calendar year.	31721

(4) "Local government fund additional revenue distribution	31722
base available during that month" means the total amount available	31723
for distribution to counties during the month from the local	31724
government fund, less any amounts to be distributed in that month	31725
from the local government fund under division (B)(1) of this	31726
section, provided that the local government fund additional	31727
revenue distribution base available during that month shall not be	31728
less than zero.	31729

(5) "Total amount available for distribution to counties"	31730
means the total amount available for distribution from the local	31731
government fund during the current month less the total amount	31732
available for distribution to municipal corporations during the	31733
current month under division (C) of this section.	31734

(B) On or before the tenth day of each month, the tax	31735
commissioner shall provide for payment to each county an amount	31736
equal to the sum of:	31737

(1) The county's proportionate share of the calendar year	31738
2007 LGF and LGRAF distributions multiplied by the 2007 LGF and	31739
LGRAF county distribution base available in that month, provided	31740
that if the 2007 LGF and LGRAF county distribution base available	31741
in that month is zero, no payment shall be made under division	31742
(B)(1) of this section for the month or the remainder of the	31743
calendar year; and	31744

(2) The county's proportionate share of the total amount of	31745
the local government fund additional revenue formula multiplied by	31746
the local government fund additional revenue distribution base	31747
available during that month.	31748

Money received into the treasury of a county under this	31749
division shall be credited to the undivided local government fund	31750
in the treasury of the county on or before the fifteenth day of	31751
each month. On or before the twentieth day of each month, the	31752
county auditor shall issue warrants against all of the undivided	31753
local government fund in the county treasury in the respective	31754
amounts allowed as provided in section 5747.51 of the Revised	31755
Code, and the treasurer shall distribute and pay such sums to the	31756
subdivision therein.	31757

(C)(1) As used in division (C) of this section:

31758

(a) "Total amount available for distribution to	31759
municipalities during the current month" means the product	31760
obtained by multiplying the total amount available for	31761
distribution from the local government fund during the current	31762
month by the aggregate municipal share.	31763

(b) "Aggregate municipal share" means the quotient obtained	31764
by dividing the total amount distributed directly from the local	31765
government fund to municipal corporations during calendar year	31766
2007 by the total distributions from the local government fund and	31767
local government revenue assistance fund during calendar year	31768
2007.	31769

(2) On or before the tenth day of each month, the tax	31770
commissioner shall provide for payment from the local government	31771
fund to each municipal corporation an amount equal to the product	31772
derived by multiplying the municipal corporation's percentage of	31773
the total amount distributed to all such municipal corporations	31774
under this division during calendar year 2007 by the total amount	31775
available for distribution to municipal corporations during the	31776
current month.	31777

(3) Payments received by a municipal corporation under this	31778
division shall be paid into its general fund and may be used for	31779
any lawful purpose.	31780

(4) The amount distributed to municipal corporations under	31781
this division during any calendar year shall not exceed the amount	31782
distributed directly from the local government fund to municipal	31783
corporations during calendar year 2007. If that maximum amount is	31784
reached during any month, distributions to municipal corporations	31785
in that month shall be as provided in divisions (C)(1) and (2) of	31786
this section, but no further distributions shall be made to	31787
municipal corporations under division (C) of this section during	31788
the remainder of the calendar year.	31789

(5) Upon being informed of a municipal corporation's	31790
dissolution, the tax commissioner shall cease providing for	31791
payments to that municipal corporation under division (C) of this	31792
section. The proportionate shares of the total amount available	31793
for distribution to each of the remaining municipal corporations	31794
under this division shall be increased on a pro rata basis.	31795

(D) Each municipal corporation ~~which has in effect a tax~~	31796
~~imposed under Chapter 718. of the Revised Code~~that imposes a tax	31797
on income shall, no later than the thirty-first day of August of	31798
each year, certify to the tax commissioner the total amount of	31799
income taxes collected by ~~such~~the municipal corporation ~~pursuant~~	31800
~~to such chapter~~ during the preceding calendar year, the amount of	31801
such revenue derived from taxes paid by resident individuals, and	31802
the amount of such revenue derived from taxes paid by nonresident	31803
individuals. The commissioner shall publish that information on	31804
the department of taxation's web site. The tax commissioner may	31805
withhold payment of local government fund moneys pursuant to	31806
division (C) of this section from any municipal corporation ~~for~~	31807
~~failure~~that fails to comply with this reporting requirement.	31808

Sec. 5747.71. ~~For taxable years beginning on or after~~	31809
~~January 1, 2013, there~~There is hereby allowed a nonrefundable	31810
credit against the tax imposed by section 5747.02 of the Revised	31811
Code for a taxpayer who is an "eligible individual" as defined in	31812
section 32 of the Internal Revenue Code. The credit shall equal	31813
five per cent of the credit allowed on the taxpayer's federal	31814
income tax return pursuant to section 32 of the Internal Revenue	31815
Code for ~~the~~ taxable ~~year~~years beginning in 2013, and ten per	31816
cent of the federal credit allowed for taxable years beginning in	31817
or after 2014. If the Ohio adjusted gross income of the taxpayer,	31818
or the taxpayer and the taxpayer's spouse if the taxpayer and the	31819
taxpayer's spouse file a joint return under section 5747.08 of the	31820
Revised Code, less applicable exemptions under section 5747.025 of	31821
the Revised Code, exceeds twenty thousand dollars, the credit	31822
authorized by this section shall not exceed fifty per cent of the	31823
amount of tax otherwise due under section 5747.02 of the Revised	31824
Code after deducting any other nonrefundable credits that precede	31825
the credit allowed under this section in the order prescribed by	31826
section 5747.98 of the Revised Code except for the joint filing	31827
credit authorized under division (G) of section 5747.05 of the	31828
Revised Code. In all other cases, the credit authorized by this	31829
section shall not exceed the amount of tax otherwise due under	31830
section 5747.02 of the Revised Code after deducting any other	31831
nonrefundable credits that precede the credit allowed under this	31832
section in the order prescribed by section 5747.98 of the Revised	31833
Code.	31834

The credit shall be claimed in the order prescribed by	31835
section 5747.98 of the Revised Code.	31836

Section 101.02. That existing sections 7.10, 7.16, 9.37,	31837
9.482, 9.90, 9.91, 103.63, 118.27, 121.084, 122.12, 122.121,	31838
122.861, 124.32, 125.13, 125.182, 126.21, 126.25, 131.35, 133.06,	31839
133.07, 135.143, 149.311, 149.38, 153.56, 156.03, 163.15, 163.53,	31840
163.54, 163.55, 164.26, 173.47, 175.04, 175.05, 175.06, 191.01,	31841
306.04, 307.699, 307.982, 340.01, 340.02, 340.021, 340.03, 340.08,	31842
340.09, 340.15, 341.12, 757.03, 757.04, 757.05, 757.06, 757.07,	31843
757.08, 955.01, 955.05, 1321.535, 1321.55, 1322.03, 1322.031,	31844
1322.04, 1322.041, 1322.051, 1322.06, 1322.11, 1345.06, 1711.50,	31845
1711.53, 1724.10, 1901.08, 2101.026, 2151.417, 2151.421, 2152.19,	31846
2305.09, 2710.06, 2743.191, 2907.28, 2915.08, 2929.20, 2945.402,	31847
3123.89, 3303.41, 3313.372, 3314.08, 3317.02, 3317.0217, 3317.06,	31848
3318.36, 3358.03, 3517.20, 3701.132, 3701.34, 3701.74, 3701.83,	31849
3702.511, 3702.52, 3702.526, 3702.59, 3702.71, 3702.74, 3702.75,	31850
3702.91, 3702.95, 3721.02, 3730.09, 3735.31, 3735.67, 3737.02,	31851
3745.71, 3772.02, 4141.01, 4141.09, 4141.11, 4141.131, 4141.20,	31852
4141.25, 4141.29, 4141.35, 4303.021, 4503.102, 4503.44, 4511.191,	31853
4715.14, 4715.30, 4715.302, 4717.10, 4723.28, 4723.486, 4723.487,	31854
4725.01, 4725.091, 4725.092, 4725.16, 4725.19, 4729.12, 4729.54,	31855
4729.541, 4729.65, 4729.80, 4729.83, 4729.86, 4730.25, 4730.48,	31856
4730.53, 4731.055, 4731.15, 4731.155, 4731.22, 4731.24, 4731.241,	31857
4731.281, 4737.045, 4758.01, 4758.02, 4758.06, 4758.16, 4758.20,	31858
4758.21, 4758.23, 4758.24, 4758.26, 4758.28, 4758.29, 4758.30,	31859
4758.31, 4758.35, 4758.36, 4758.50, 4758.51, 4758.55, 4758.561,	31860
4758.59, 4758.60, 4758.61, 4758.71, 4781.04, 4905.911, 4906.20,	31861
4906.201, 4923.02, 5104.03, 5104.34, 5104.341, 5104.38, 5119.21,	31862
5119.22, 5119.23, 5119.25, 5119.40, 5123.01, 5123.011, 5123.012,	31863
5123.16, 5123.162, 5123.19, 5123.191, 5123.21, 5123.61, 5123.75,	31864
5123.76, 5123.89, 5124.01, 5124.101, 5124.106, 5124.15, 5124.151,	31865
5124.17, 5124.19, 5124.21, 5124.28, 5124.38, 5124.60, 5124.61,	31866
5124.62, 5124.67, 5126.01, 5126.02, 5126.022, 5126.0219, 5126.041,	31867
5126.046, 5126.051, 5126.08, 5126.21, 5126.25, 5126.42, 5126.43,	31868
5126.45, 5139.05, 5139.34, 5139.36, 5136.41, 5153.21, 5153.42,	31869
5165.03, 5165.031, 5165.10, 5165.106, 5165.15, 5165.23, 5165.25,	31870
5165.65, 5165.68, 5502.26, 5502.261, 5513.01, 5531.10, 5703.052,	31871
5703.21, 5705.10, 5709.12, 5709.121, 5709.40, 5713.012, 5713.08,	31872
5715.19, 5715.27, 5717.01, 5727.111, 5739.05, 5739.09, 5747.02,	31873
5747.025, 5747.50, and 5747.71 of the Revised Code are hereby	31874
repealed. That existing Section 323.280 of Am. Sub. H.B. 59 of the	31875
130th General Assembly is hereby repealed.	31876

Section 105.01. That sections 1322.063, 3125.191, 3702.93,	31877
4171.03, 4171.04, 5124.63, 5124.64, and 5126.037 of the Revised	31878
Code are hereby repealed.	31879

Section 125.10. Section 5101.345 of the Revised Code is	31880
hereby repealed effective the first day of the forty-ninth month	31881
after the effective date of that section.	31882

Section 503.10. APPROPRIATIONS RELATED TO GRANT	31883
RECONCILIATION AND CLOSE-OUT	31884

If, pursuant to the reconciliation and close-out process for	31885
a grant received by a state agency, an amount is identified as	31886
both unspent and requiring remittance to the grantor, the director	31887
of the agency may request the Director of Budget and Management to	31888
authorize additional expenditures to return the unspent cash to	31889
the grantor. Upon approval of the Director of Budget and	31890
Management, the additional amounts are hereby appropriated.	31891

Section 503.30. CLEAN OHIO CONSERVATION GRANT REPAYMENTS

31892

Any grant repayment received by the Public Works Commission	31893
and deposited into the Clean Ohio Conservation Fund (Fund 7056)	31894
pursuant to section 164.261 of the Revised Code is hereby	31895
appropriated in appropriation item C15060, Clean Ohio	31896
Conservation.	31897

Section 509.10. REESTABLISHING ENCUMBRANCES THAT USE OUTDATED	31898
EXPENSE ACCOUNT CODES	31899

On or after January 1, 2015, should the Director of Budget	31900
and Management elect to update expense account codes pursuant to	31901
the authority granted in division (A)(2) of section 126.21 of the	31902
Revised Code, the Director may cancel any existing operating or	31903
capital encumbrances from prior fiscal years that reference	31904
outdated expense account codes and, if needed, reestablish them	31905
against the same appropriation items referencing updated expense	31906
account codes. The reestablished encumbrance amounts are hereby	31907
appropriated. Any business commenced but not completed under the	31908
prior encumbrances by January 1, 2015, shall be completed under	31909
the new encumbrances in the same manner and with the same effect	31910
as if it was completed with regard to the old encumbrances.	31911

Section 509.20. The Department of Natural Resources is hereby	31912
authorized, pursuant to and consistent with the requirements of	31913
Chapter 127. of the Revised Code, to use moneys appropriated to it	31914
from the Ohio Parks and Natural Resources Fund (Fund 7031) and the	31915
Parks and Recreation Improvement Fund (Fund 7035) for capital	31916
projects, including, but not limited to, improvements or	31917
renovations on land or property owned by the department but used	31918
and operated, under a lease or other agreement, by an entity other	31919
than the department. No moneys shall be released under the	31920
authority of this section until the Director of Natural Resources	31921
has certified in writing to the Director of the Office of Budget	31922
and Management that the project will enhance the use and enjoyment	31923
of Ohio's state parks and natural resources.	31924

Section 512.10. On July 1, 2014, or as soon as possible	31925
thereafter, the Director of Budget and Management shall transfer	31926
the cash balance in the Education Endowment Fund (Fund P087) to	31927
the Education Facilities Trust Fund (Fund N087). Upon completion	31928
of the transfer, Fund P087 is abolished.	31929

Section 512.20. On July 1, 2014, or as soon as possible	31930
thereafter, the Director of Budget and Management shall transfer	31931
the cash balance in the Healthcare Services Fund (Fund 3W50),	31932
Healthy Ohioans Initiatives Fund (Fund 5BL0), Alcohol Testing	31933
Program Fund (Fund 5C00), TANF Family Planning Fund (Fund 5C10),	31934
Poison Control Fund (Fund 5CB0), Sewage Treatment System	31935
Innovation Fund (Fund 5CJ0), and the Health Emergency Fund (Fund	31936
5EC0) to the General Revenue Fund. Upon the completion of these	31937
transfers, Fund 3W50, Fund 5BL0, Fund 5C00, Fund 5C10, Fund 5CB0,	31938
Fund 5CJ0, and Fund 5EC0 are abolished.	31939

Section 512.30. ABOLISHMENT OF INACTIVE FUNDS USED BY THE	31940
DEPARTMENT OF JOB AND FAMILY SERVICES	31941

Within ninety days of the effective date of this section, or	31942
as soon as possible thereafter, the Director of Budget and	31943
Management shall transfer all cash in the following funds to the	31944
Administration and Operating Fund (Fund 5DM0) used by the	31945
Department of Job and Family Services:	31946

The State and Local Training Fund (Fund 3160),

31947

The Job Training Program Fund (Fund 3650),

31948

The Income Maintenance Reimbursement Fund (Fund 3A10),

31949

The ABD Managed Care – Federal Fund (Fund 3AZ0),

31950

The Children's Hospitals – Federal Fund (Fund 3BB0),

31951

The Ford Foundation Reimbursement Fund (Fund 3G90),

31952

The TANF – Employment & Training Fund (Fund 3S90),

31953

The HIPPY Program Fund (Fund 3W80),

31954

The Adoption Connection Fund (Fund 3W90),

31955

The Interagency Programs Fund (Fund 4G10),

31956

The Welfare Overpayment Intercept Fund (Fund 4K70),

31957

The Wellness Block Grant Fund (Fund 4N70),

31958

The Banking Fees Fund (Fund 4R30),

31959

The BCII Service Fees Fund (Fund 4R40),

31960

The Child Support Activities Fund (Fund 4V20),

31961

The BES Automation Administration Fund (Fund 5A50),

31962

The Public Assistance Reconciliation Fund (Fund 5AX0),

31963

The Child Support Operating Fund (Fund 5BE0),

31964

The ABD Managed Care – State Fund (Fund 5BZ0),

31965

The Private Child Care Agencies Training Fund (Fund 5E40),

31966

The EBT Contracted Services Fund (Fund 5E50),

31967

The State Option Food Stamp Program Fund (Fund 5E60),

31968

The BES Building Consolidation Fund (Fund 5F20),

31969

The BES Building Enhancement Fund (Fund 5F30),

31970

The Commission on Fatherhood Fund (Fund 5G30),

31971

The Child & Adult Protective Services Fund (Fund 5GV0),

31972

The Child Support Supplement Fund (Fund 5K60),

31973

The OhioWorks Supplement Fund (Fund 5L40),

31974

The County Technologies Fund (Fund 5N10),

31975

The TANF Child Welfare Fund (Fund 5P40),

31976

The Medicaid Admin Reimbursement Fund (Fund 5P60),

31977

The Child Support Special Payment Fund (Fund 5T20),

31978

The Federal Fiscal Relief Fund (Fund 5Y90),

31979

The Health Care Grants Fund (Fund 5Z50),

31980

The TANF QC Reinvestment Fund (Fund 5Z90),

31981

The Third Party Recoveries Fund (Fund 6000),

31982

The Training Activities Fund (Fund 6130), and

31983

The Ford Foundation Fund (Fund 6A70).

31984

Upon completion of the transfers, all the aforementioned funds	31985
listed in this section (except Fund 5DM0) are hereby abolished.	31986

Within ninety days after the effective date of this section,	31987
or as soon as possible thereafter, the Director of Budget and	31988
Management shall transfer all cash in the OhioCare Fund (Fund	31989
4X30), the Human Services Stabilization Fund (Fund 4Z70), and the	31990
Managed Care Assessment Fund (Fund 5BG0) to the General Revenue	31991
Fund. Upon completion of the transfers, Fund 4X30, Fund 4Z70, and	31992
Fund 5BG0 are hereby abolished.	31993

Section 512.40. On July 1, 2014, or as soon as possible	31994
thereafter, the Director of Budget and Management shall transfer	31995
the cash balance in the Nursing Facility Technical Assistance Fund	31996
(Fund 5L10), to the Residents Protection Fund (Fund 4E30). Upon	31997
completion of the transfer, Fund 5L10 is abolished.	31998

Section 610.20. That Sections 207.10, 209.30, 221.10, 241.10,	31999
245.10, 257.10, 257.20, 259.10, 259.210, 263.10, 263.230, 263.240,	32000
263.250, 263.270, 263.320, 263.325, 275.10, 282.10, 282.30,	32001
285.10, 285.20, 301.10, 301.33, 301.40, 301.143, 327.10, 327.83,	32002
333.10, 340.10, 349.10, 359.10, 363.10, 365.10, 395.10, 403.10,	32003
512.70, 512.80, and 751.10 of Am. Sub. H.B. 59 of the 130th	32004
General Assembly be amended to read as follows:	32005

Sec. 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

32006

General Revenue Fund	32007

GRF	100403	Public Employees Health Care Program	$	309,600	$	309,600	32008
GRF	100414	MARCS Lease Rental Payments	$	5,133,700	$	5,135,800	32009
GRF	100415	OAKS Lease Rental Payments	$	22,998,500	$	22,982,500	32010
GRF	100416	STARS Lease Rental Payments	$	4,976,500	$	4,973,200	32011
GRF	100447	Administrative Building Lease Rental Payments	$	~~85,847,800~~ 83,847,800	$	91,059,600	32012
GRF	100448	Office Building Operating Payments	$	20,000,000	$	20,000,000	32013
GRF	100449	DAS - Building Operating Payments	$	7,551,571	$	7,551,571	32014
GRF	100452	Lean Ohio	$	1,059,624	$	1,059,624	32015
GRF	100456	State IT Services	$	1,739,038	$	1,739,038	32016
GRF	100457	Equal Opportunity Services	$	1,910,516	$	1,910,516	32017
GRF	100459	Ohio Business Gateway	$	4,049,094	$	4,049,094	32018
GRF	130321	State Agency Support Services	$	2,477,008	$	2,477,008	32019
TOTAL GRF General Revenue Fund			$	~~158,052,951~~ 156,052,951	$	163,247,551	32020

General Services Fund Group	32021

1120	100616	DAS Administration	$	6,127,659	$	6,147,659	32022
1150	100632	Central Service Agency	$	911,580	$	927,699	32023
1170	100644	General Services Division - Operating	$	12,993,870	$	12,993,870	32024
1220	100637	Fleet Management	$	4,200,000	$	4,200,000	32025
1250	100622	Human Resources Division - Operating	$	17,749,839	$	17,749,839	32026
1250	100657	Benefits Communication	$	712,316	$	712,316	32027
1280	100620	Office of Collective Bargaining	$	3,329,507	$	3,329,507	32028
1300	100606	Risk Management Reserve	$	6,635,784	$	6,635,784	32029
1320	100631	DAS Building Management	$	19,343,170	$	19,343,170	32030
1330	100607	IT Services Delivery	$	57,521,975	$	57,521,975	32031
1880	100649	Equal Opportunity Division - Operating	$	863,013	$	863,013	32032
2100	100612	State Printing	$	20,459,526	$	20,459,526	32033
2290	100630	IT Governance	$	16,446,474	$	16,446,474	32034
2290	100640	Leveraged Enterprise Purchases	$	7,065,639	$	7,065,639	32035
4270	100602	Investment Recovery	$	1,618,062	$	1,638,515	32036
4N60	100617	Major IT Purchases	$	56,888,635	$	56,888,635	32037
4P30	100603	DAS Information Services	$	6,400,070	$	6,400,070	32038
5C20	100605	MARCS Administration	$	14,292,596	$	14,512,028	32039
5C30	100608	Minor Construction Project Management	$	1,004,375	$	1,004,375	32040
5EB0	100635	OAKS Support Organization	$	25,813,077	$	19,813,077	32041
5EB0	100656	OAKS Updates and Developments	$	9,886,923	$	2,636,923	32042
5HU0	100655	Construction Reform Demo Compliance	$	150,000	$	150,000	32043
5KZ0	100659	Building Improvement	$	500,000	$	500,000	32044
5L70	100610	Professional Development	$	2,100,000	$	2,100,000	32045
5LA0	100660	Building Operation	$	26,600,767	$	26,814,648	32046
5LJ0	100661	IT Development	$	13,200,000	$	13,200,000	32047
5V60	100619	Employee Educational Development	$	800,000	$	800,000	32048
TOTAL GSF General Services Fund							32049
Group			$	333,614,857	$	320,854,742	32050

Federal Special Revenue Fund Group	32051

3AJ0	100654	ARRA Broadband Mapping Grant	$	1,723,009	$	1,723,009	32052
TOTAL FED Federal Special Revenue							32053
Fund Group			$	1,723,009	$	1,723,009	32054

State Special Revenue Fund Group	32055

5JQ0	100658	Professionals Licensing System	$	3,028,366	$	990,000	32056
5MV0	100662	Theater Equipment Maintenance	$	80,891	$	80,891	32057
5NM0	100663	911 Program	$	290,000	$	290,000	32058
TOTAL SSR State Special Revenue							32059
Fund Group			$	3,399,257	$	1,360,891	32060
TOTAL ALL BUDGET FUND GROUPS			$	~~496,790,074~~ 494,790,074	$	487,186,193	32061

Sec. 209.30. LONG-TERM CARE OMBUDSMAN

32063

The foregoing appropriation item 490410, Long-Term Care	32064
Ombudsman, shall be used to fund ombudsman program activities as	32065
authorized in sections 173.14 to 173.27 and section 173.99 of the	32066
Revised Code.	32067

The State Ombudsman may explore the design of a payment	32068
method for the Ombudsman Program that includes a	32069
pay-for-performance incentive component that is earned by	32070
designated regional long-term care ombudsman programs.	32071

MYCARE OHIO

32072

The foregoing appropriation items 490410, Long-Term Care	32073
Ombudsman, 490618, Federal Aging Grants, 490612, Federal	32074
Independence Services, 490609, Regional Long-Term Care Ombudsman	32075
Program, and 490620, Ombudsman Support, may be used by the Office	32076
of the State Long-Term Care Ombudsman to provide ombudsman program	32077
activities as described in sections 173.14 to 173.27 and section	32078
173.99 of the Revised Code to consumers participating in MyCare	32079
Ohio.	32080

SENIOR COMMUNITY SERVICES

32081

The foregoing appropriation item 490411, Senior Community	32082
Services, shall be used for services designated by the Department	32083
of Aging, including, but not limited to, home-delivered and	32084
congregate meals, transportation services, personal care services,	32085
respite services, adult day services, home repair, care	32086
coordination, prevention and disease self-management, and decision	32087
support systems. Service priority shall be given to low income,	32088
frail, and cognitively impaired persons 60 years of age and over.	32089
The department shall promote cost sharing by service recipients	32090
for those services funded with senior community services funds,	32091
including, when possible, sliding-fee scale payment systems based	32092
on the income of service recipients.	32093

ALZHEIMER'S RESPITE

32094

The foregoing appropriation item 490414, Alzheimer's Respite,	32095
shall be used to fund only Alzheimer's disease services under	32096
section 173.04 of the Revised Code.	32097

NATIONAL SENIOR SERVICE CORPS

32098

The foregoing appropriation item 490506, National Senior	32099
Service Corps, shall be used by the Department of Aging to fund	32100
grants for three Corporation for National and Community	32101
Service/Senior Corps programs: the Foster Grandparents Program,	32102
the Senior Companion Program, and the Retired Senior Volunteer	32103
Program. A recipient of these grant funds shall use the funds to	32104
support priorities established by the Department and the Ohio	32105
State Office of the Corporation for National and Community	32106
Service. The expenditure of these funds by any grant recipient	32107
shall be in accordance with Senior Corps policies and procedures,	32108
as stated in the Domestic Volunteer Service Act of 1973, as	32109
amended. Neither the Department nor any area agencies on aging	32110
that are involved in the distribution of these funds to	32111
lower-tiered grant recipients may use any portion of these funds	32112
to cover administrative costs.	32113

SENIOR COMMUNITY OUTREACH AND EDUCATION

32114

The foregoing appropriation item 490606, Senior Community	32115
Outreach and Education, may be used to provide training to workers	32116
in the field of aging pursuant to division (G) of section 173.02	32117
of the Revised Code.	32118

TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES	32119
AND FEDERAL AGING GRANTS	32120

At the request of the Director of Aging, the Director of	32121
Budget and Management may transfer appropriation between	32122
appropriation items 490612, Federal Independence Services, and	32123
490618, Federal Aging Grants. The amounts transferred shall not	32124
exceed 30 per cent of the appropriation from which the transfer is	32125
made. Any transfers shall be reported by the Department of Aging	32126
to the Controlling Board at the next scheduled meeting of the	32127
board.	32128

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

32129

The foregoing appropriation item 490609, Regional Long-Term	32130
Care Ombudsman Program, shall be used to pay the costs of	32131
operating the regional long-term care ombudsman programs	32132
designated by the State Long-Term Care Ombudsman.	32133

TRANSFER OF RESIDENT PROTECTION FUNDS

32134

In each fiscal year, the Director of Budget and Management	32135
may transfer up to $1,250,000 cash from the Resident Protection	32136
Fund (Fund 4E30), which is used by the Department of Medicaid, to	32137
the Ombudsman Support Fund (Fund 5BA0), which is used by the	32138
Department of Aging.	32139

The Director of Aging and the Office of the State Long-Term	32140
Care Ombudsman may use moneys in the Ombudsman Support Fund (Fund	32141
5BA0) to implement a nursing home quality initiative as specified	32142
in section 173.60 of the Revised Code.	32143

LONG-TERM CARE CONSUMERS GUIDE

32144

The foregoing appropriation item 490613, Long-Term Care	32145
Consumers Guide, shall be used to conduct annual consumer	32146
satisfaction surveys and to pay for other administrative expenses	32147
related to the publication of the Ohio Long-Term Care Consumer	32148
Guide.	32149

CASH TRANSFER FROM THE GENERAL OPERATIONS FUND TO THE BOARD	32150
OF EXECUTIVES OF LONG-TERM SERVICES AND SUPPORTS FUND	32151

On July 1, 2013, or as soon as possible thereafter, the	32152
Director of Health shall certify to the Director of Budget and	32153
Management the cash balance relating to the Board of Examiners of	32154
Nursing Home Administrators in the General Operations Fund (Fund	32155
4700), used by the Department of Health. Upon receiving this	32156
certification, the Director of Budget and Management may transfer	32157
this cash from the General Operations Fund (Fund 4700) to the	32158
Board of Executives of Long-Term Services and Supports Fund (Fund	32159
5MT0), used by the Department of Aging. If this transfer occurs,	32160
the Director of Budget and Management shall cancel any existing	32161
encumbrances pertaining to the Board of Examiners of Nursing Home	32162
Administrators against appropriation item 440647, Fee Supported	32163
Programs, and re-establish them against appropriation item 490627,	32164
Board of Executives of LTSS. The re-established encumbrance	32165
amounts are hereby appropriated.	32166

Sec. 221.10. AGO ATTORNEY GENERAL

32167

General Revenue Fund	32168

GRF	055321	Operating Expenses	$	42,514,169	$	43,114,169	32169
GRF	055405	Law-Related Education	$	100,000	$	100,000	32170
GRF	055407	Tobacco Settlement Enforcement	$	1,500,000	$	~~1,500,000~~ 0	32171
GRF	055411	County Sheriffs' Pay Supplement	$	757,921	$	757,921	32172
GRF	055415	County Prosecutors' Pay Supplement	$	831,499	$	831,499	32173
GRF	055501	Rape Crisis Centers	$	1,000,000	$	1,000,000	32174
TOTAL GRF General Revenue Fund			$	46,703,589	$	~~47,303,589~~ 45,803,589	32175

General Services Fund Group	32176

1060	055612	~~General Reimbursement~~ Attorney General Operating	$	54,806,192	$	55,820,716	32177
1950	055660	Workers' Compensation Section	$	8,415,504	$	8,415,504	32178
4180	055615	Charitable Foundations	$	8,286,000	$	8,286,000	32179
4200	055603	Attorney General Antitrust	$	1,839,074	$	1,839,074	32180
4210	055617	Police Officers' Training Academy Fee	$	500,000	$	500,000	32181
4Z20	055609	BCI Asset Forfeiture and Cost Reimbursement	$	1,000,000	$	1,000,000	32182
5900	055633	Peace Officer Private Security Fund	$	79,438	$	95,325	32183
5A90	055618	Telemarketing Fraud Enforcement	$	45,000	$	10,000	32184
5L50	055619	Law Enforcement Assistance Program	$	375,255	$	187,627	32185
5LR0	055655	Peace Officer Training - Casino	$	4,629,409	$	4,629,409	32186
5MP0	055657	Peace Officer Training Commission	$	25,000	$	25,000	32187
6310	055637	Consumer Protection Enforcement	$	6,700,000	$	6,834,000	32188
TOTAL GSF General Services Fund							32189
Group			$	86,700,872	$	87,642,655	32190

Federal Special Revenue Fund Group	32191

3060	055620	Medicaid Fraud Control	$	4,537,408	$	4,628,156	32192
3810	055611	Civil Rights Legal Service	$	75,000	$	35,574	32193
3830	055634	Crime Victims Assistance	$	15,000,000	$	15,000,000	32194
3E50	055638	Attorney General Pass-Through Funds	$	599,999	$	599,999	32195
3FV0	055656	Crime Victim Compensation	$	7,000,000	$	7,000,000	32196
3R60	055613	Attorney General Federal Funds	$	999,999	$	999,999	32197
TOTAL FED Federal Special Revenue							32198
Fund Group			$	28,212,406	$	28,263,728	32199

State Special Revenue Fund Group	32200

4020	055616	Victims of Crime	$	16,456,769	$	16,456,769	32201
4190	055623	Claims Section	$	55,920,716	$	56,937,131	32202
4L60	055606	DARE Programs	$	3,578,901	$	3,486,209	32203
4Y70	055608	Title Defect Recision	$	600,000	$	600,000	32204
6590	055641	Solid and Hazardous Waste Background Investigations	$	310,730	$	310,730	32205
TOTAL SSR State Special Revenue							32206
Fund Group			$	76,867,116	$	77,790,839	32207

Holding Account Redistribution Fund Group	32208

R004	055631	General Holding Account	$	1,000,000	$	1,000,000	32209
R005	055632	Antitrust Settlements	$	1,000	$	1,000	32210
R018	055630	Consumer Frauds	$	750,000	$	750,000	32211
R042	055601	Organized Crime Commission Distributions	$	25,025	$	25,025	32212
R054	055650	Collection Payment Redistribution	$	4,500,000	$	4,500,000	32213
TOTAL 090 Holding Account							32214
Redistribution Fund Group			$	6,276,025	$	6,276,025	32215

Tobacco Master Settlement Agreement Fund Group	32216

U087	055402	Tobacco Settlement Oversight, Administration, and Enforcement	$	500,000	$	~~500,000~~ 2,000,000	32217
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	500,000	$	~~500,000~~ 2,000,000	32218
TOTAL ALL BUDGET FUND GROUPS			$	245,260,008	$	247,776,836	32219

OHIO BCI FORENSIC RESEARCH AND PROFESSIONAL TRAINING CENTER

32220

Of the foregoing appropriation item 055321, Operating	32221
Expenses, $600,000 in fiscal year 2015 shall be used to create the	32222
Ohio BCI Forensic Research and Professional Training Center at	32223
Bowling Green State University. The purpose of the Center shall be	32224
to foster forensic science research techniques (BCI Eminent	32225
Scholar) and to create professional training opportunities to	32226
students (BCI Scholars) in the forensic science fields.	32227

COUNTY SHERIFFS' PAY SUPPLEMENT

32228

The foregoing appropriation item 055411, County Sheriffs' Pay	32229
Supplement, shall be used for the purpose of supplementing the	32230
annual compensation of county sheriffs as required by section	32231
325.06 of the Revised Code.	32232

At the request of the Attorney General, the Director of	32233
Budget and Management may transfer appropriation from	32234
appropriation item 055321, Operating Expenses, to appropriation	32235
item 055411, County Sheriffs' Pay Supplement. Any appropriation so	32236
transferred shall be used to supplement the annual compensation of	32237
county sheriffs as required by section 325.06 of the Revised Code.	32238

COUNTY PROSECUTORS' PAY SUPPLEMENT

32239

The foregoing appropriation item 055415, County Prosecutors'	32240
Pay Supplement, shall be used for the purpose of supplementing the	32241
annual compensation of certain county prosecutors as required by	32242
section 325.111 of the Revised Code.	32243

At the request of the Attorney General, the Director of	32244
Budget and Management may transfer appropriation from	32245
appropriation item 055321, Operating Expenses, to appropriation	32246
item 055415, County Prosecutors' Pay Supplement. Any appropriation	32247
so transferred shall be used to supplement the annual compensation	32248
of county prosecutors as required by section 325.111 of the	32249
Revised Code.	32250

CASH TRANSFER FROM THE GENERAL REVENUE FUND TO THE GENERAL	32251
REIMBURSEMENT FUND	32252

Notwithstanding any other provision of law to the contrary,	32253
on July 1, 2013, or as soon as possible thereafter, the Director	32254
of Budget and Management shall transfer $80,000 cash from the	32255
General Revenue Fund to the General Reimbursement Fund (Fund	32256
1060).	32257

WORKERS' COMPENSATION SECTION

32258

The Workers' Compensation Fund (Fund 1950) is entitled to	32259
receive payments from the Bureau of Workers' Compensation and the	32260
Ohio Industrial Commission at the beginning of each quarter of	32261
each fiscal year to fund legal services to be provided to the	32262
Bureau of Workers' Compensation and the Ohio Industrial Commission	32263
during the ensuing quarter. The advance payment shall be subject	32264
to adjustment.	32265

In addition, the Bureau of Workers' Compensation shall	32266
transfer payments at the beginning of each quarter for the support	32267
of the Workers' Compensation Fraud Unit.	32268

All amounts shall be mutually agreed upon by the Attorney	32269
General, the Bureau of Workers' Compensation, and the Ohio	32270
Industrial Commission.	32271

ATTORNEY GENERAL PASS-THROUGH FUNDS

32272

The foregoing appropriation item 055638, Attorney General	32273
Pass-Through Funds, shall be used to receive federal grant funds	32274
provided to the Attorney General by other state agencies,	32275
including, but not limited to, the Department of Youth Services	32276
and the Department of Public Safety.	32277

GENERAL HOLDING ACCOUNT

32278

The foregoing appropriation item 055631, General Holding	32279
Account, shall be used to distribute moneys under the terms of	32280
relevant court orders or other settlements received in a variety	32281
of cases involving the Office of the Attorney General. If it is	32282
determined that additional amounts are necessary for this purpose,	32283
the amounts are hereby appropriated.	32284

ANTITRUST SETTLEMENTS

32285

The foregoing appropriation item 055632, Antitrust	32286
Settlements, shall be used to distribute moneys under the terms of	32287
relevant court orders or other out of court settlements in	32288
antitrust cases or antitrust matters involving the Office of the	32289
Attorney General. If it is determined that additional amounts are	32290
necessary for this purpose, the amounts are hereby appropriated.	32291

CONSUMER FRAUDS

32292

The foregoing appropriation item 055630, Consumer Frauds,	32293
shall be used for distribution of moneys from court-ordered	32294
judgments against sellers in actions brought by the Office of	32295
Attorney General under sections 1334.08 and 4549.48 and division	32296
(B) of section 1345.07 of the Revised Code. These moneys shall be	32297
used to provide restitution to consumers victimized by the fraud	32298
that generated the court-ordered judgments. If it is determined	32299
that additional amounts are necessary for this purpose, the	32300
amounts are hereby appropriated.	32301

ORGANIZED CRIME COMMISSION DISTRIBUTIONS

32302

The foregoing appropriation item 055601, Organized Crime	32303
Commission Distributions, shall be used by the Organized Crime	32304
Investigations Commission, as provided by section 177.011 of the	32305
Revised Code, to reimburse political subdivisions for the expenses	32306
the political subdivisions incur when their law enforcement	32307
officers participate in an organized crime task force. If it is	32308
determined that additional amounts are necessary for this purpose,	32309
the amounts are hereby appropriated.	32310

COLLECTION PAYMENT REDISTRIBUTION

32311

The foregoing appropriation item 055650, Collection Payment	32312
Redistribution, shall be used for the purpose of allocating the	32313
revenue where debtors mistakenly paid the client agencies instead	32314
of the Attorney General's Collections Enforcement Section. If it	32315
is determined that additional amounts are necessary for this	32316
purpose, the amounts are hereby appropriated.	32317

OHIO LAW ENFORCEMENT TRAINING FUND RECOMMENDATIONS

32318

By September 1, 2013, the Attorney General, in consultation	32319
with state and local law enforcement agencies, shall submit to the	32320
President and Minority Leader of the Senate and the Speaker and	32321
Minority Leader of the House of Representatives a report	32322
recommending how to best use moneys collected from the gross	32323
casino revenue tax, pursuant to Section 6(C)(3)(f) of Article XV,	32324
Ohio Constitution, and how to best distribute such money for the	32325
purposes of enhancing public safety and providing additional	32326
training opportunities to the law enforcement community. The	32327
report shall expressly include a recommendation for sharing a	32328
portion of such moneys with local law enforcement agencies	32329
beginning in fiscal year 2015.	32330

CASH TRANSFERS FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS	32331
FUND	32332

Notwithstanding section 512.20 of Am. Sub. H.B. 487 of the	32333
129th General Assembly, on July 1, 2014, or as soon as possible	32334
thereafter, the Director of Budget and Management may transfer up	32335
to $8,000,000 cash from the Pre-Securitization Tobacco Payments	32336
Fund (Fund 5LS0) to the Tobacco Oversight Administration and	32337
Enforcement Fund (Fund U087).	32338

Sec. 241.10. COM DEPARTMENT OF COMMERCE

32339

General Services Fund Group	32340

1630	800620	Division of Administration	$	6,200,000	$	6,200,000	32341
1630	800637	Information Technology	$	6,011,977	$	6,011,977	32342
5430	800602	Unclaimed Funds-Operating	$	7,737,546	$	7,737,546	32343
5430	800625	Unclaimed Funds-Claims	$	64,000,000	$	64,000,000	32344
5F10	800635	Small Government Fire Departments	$	300,000	$	300,000	32345
TOTAL GSF General Services Fund							32346
Group			$	84,249,523	$	84,249,523	32347

Federal Special Revenue Fund Group	32348

3480	800622	Underground Storage Tanks	$	1,129,518	$	1,129,518	32349
3480	800624	Leaking Underground Storage Tanks	$	1,556,211	$	1,556,211	32350
TOTAL FED Federal Special Revenue							32351
Fund Group			$	2,685,729	$	2,685,729	32352

State Special Revenue Fund Group	32353

4B20	800631	Real Estate Appraisal Recovery	$	35,000	$	35,000	32354
4H90	800608	Cemeteries	$	266,688	$	266,688	32355
4X20	800619	Financial Institutions	$	1,854,298	$	1,854,298	32356
5440	800612	Banks	$	6,836,589	$	6,836,589	32357
5450	800613	Savings Institutions	$	2,259,536	$	2,259,536	32358
5460	800610	Fire Marshal	$	17,336,990	$	15,976,408	32359
5460	800639	Fire Department Grants	$	2,198,802	$	~~2,198,802~~ 5,198,802	32360
5470	800603	Real Estate Education/Research	$	69,655	$	69,655	32361
5480	800611	Real Estate Recovery	$	50,000	$	50,000	32362
5490	800614	Real Estate	$	3,310,412	$	3,310,412	32363
5500	800617	Securities	$	4,238,814	$	4,238,814	32364
5520	800604	Credit Union	$	3,297,888	$	3,297,888	32365
5530	800607	Consumer Finance	$	3,481,692	$	3,481,692	32366
5560	800615	Industrial Compliance	$	26,612,520	$	27,104,205	32367
5FW0	800616	Financial Literacy Education	$	200,000	$	200,000	32368
5GK0	800609	Securities Investor Education/Enforcement	$	432,150	$	432,150	32369
5HV0	800641	Cigarette Enforcement	$	118,800	$	118,800	32370
5LP0	800646	Liquor Regulatory Operating Expenses	$	7,988,921	$	7,844,537	32371
5PA0	800647	Bustr Revolving Loan Program	$	0	$	3,000,000	32372
5X60	800623	Video Service	$	337,224	$	337,224	32373
6530	800629	UST Registration/Permit Fee	$	~~3,831,888~~ 2,331,888	$	~~3,612,588~~ 2,112,588	32374
6A40	800630	Real Estate Appraiser-Operating	$	672,973	$	672,973	32375
TOTAL SSR State Special Revenue							32376
Fund Group			$	~~85,430,840~~ 83,930,840	$	~~84,198,259~~ 88,698,259	32377

Liquor Control Fund Group	32378

5LC0	800644	Liquor JobsOhio Extraordinary Allowance	$	557,974	$	372,661	32379
5LN0	800645	Liquor Operating Services	$	13,949,342	$	9,316,535	32380
TOTAL LCF Liquor Control							32381
Fund Group			$	14,507,316	$	9,689,196	32382
TOTAL ALL BUDGET FUND GROUPS			$	~~186,873,408~~ 185,373,408	$	~~180,822,707~~ 185,322,707	32383

ADMINISTRATIVE ASSESSMENTS

32384

Notwithstanding any other provision of law to the contrary,	32385
the Division of Administration Fund (Fund 1630) is entitled to	32386
receive assessments from all operating funds of the Department in	32387
accordance with procedures prescribed by the Director of Commerce	32388
and approved by the Director of Budget and Management.	32389

UNCLAIMED FUNDS PAYMENTS

32390

The foregoing appropriation item 800625, Unclaimed	32391
Funds-Claims, shall be used to pay claims under section 169.08 of	32392
the Revised Code. If it is determined that additional amounts are	32393
necessary, the amounts are appropriated.	32394

FIRE DEPARTMENT GRANTS

32395

Of the foregoing appropriation item 800639, Fire Department	32396
Grants, up to $2,198,802 in ~~each~~ fiscal year 2014 and $5,198,802	32397
in fiscal year 2015 shall be used to make annual grants to the	32398
following eligible recipients: volunteer fire departments, fire	32399
departments that serve one or more small municipalities or small	32400
townships, joint fire districts comprised of fire departments that	32401
primarily serve small municipalities or small townships, local	32402
units of government responsible for such fire departments, and	32403
local units of government responsible for the provision of fire	32404
protection services for small municipalities or small townships.	32405
For the purposes of these grants, a private fire company, as that	32406
phrase is defined in section 9.60 of the Revised Code, that is	32407
providing fire protection services under a contract to a political	32408
subdivision of the state, is an additional eligible recipient for	32409
a training grant.	32410

Eligible recipients that consist of small municipalities or	32411
small townships that all intend to contract with the same fire	32412
department or private fire company for fire protection services	32413
may jointly apply and be considered for a grant. If a joint	32414
applicant is awarded a grant, the State Fire Marshal shall, if	32415
feasible, proportionately award the grant and any equipment	32416
purchased with grant funds to each of the joint applicants based	32417
upon each applicant's contribution to and demonstrated need for	32418
fire protection services.	32419

If the grant awarded to joint applicants is an equipment	32420
grant and the equipment to be purchased cannot be readily	32421
distributed or possessed by multiple recipients, each of the joint	32422
applicants shall be awarded by the State Fire Marshal an ownership	32423
interest in the equipment so purchased in proportion to each	32424
applicant's contribution to and demonstrated need for fire	32425
protection services. The joint applicants shall then mutually	32426
agree on how the equipment is to be maintained, operated, stored,	32427
or disposed of. If, for any reason, the joint applicants cannot	32428
agree as to how jointly owned equipment is to be maintained,	32429
operated, stored, or disposed of or any of the joint applicants no	32430
longer maintain a contract with the same fire protection service	32431
provider as the other applicants, then the joint applicants shall,	32432
with the assistance of the State Fire Marshal, mutually agree as	32433
to how the jointly owned equipment is to be maintained, operated,	32434
stored, disposed of, or owned. If the joint applicants cannot	32435
agree how the grant equipment is to be maintained, operated,	32436
stored, disposed of, or owned, the State Fire Marshal may, in its	32437
discretion, require all of the equipment acquired by the joint	32438
applicants with grant funds to be returned to the State Fire	32439
Marshal. The State Fire Marshal may then award the returned	32440
equipment to any eligible recipients. For this paragraph only, an	32441
"equipment grant" also includes a MARCS Grant.	32442

Except as otherwise provided in this section, the grants	32443
shall be used by recipients to purchase firefighting or rescue	32444
equipment or gear or similar items, to provide full or partial	32445
reimbursement for the documented costs of firefighter training,	32446
or, at the discretion of the State Fire Marshal, to cover fire	32447
department costs for providing fire protection services in that	32448
grant recipient's jurisdiction.	32449

Of the foregoing appropriation item 800639, Fire Department	32450
Grants, up to $500,000 per fiscal year may be used to pay for the	32451
State Fire Marshal's costs of providing firefighter I	32452
certification classes or other firefighter classes approved by the	32453
Department of Public Safety in accordance with section 4765.55 of	32454
the Revised Code at no cost to selected students attending the	32455
Ohio Fire Academy or other class providers approved by the State	32456
Fire Marshal. The State Fire Marshal may establish the	32457
qualifications and selection processes for students to attend such	32458
classes by written policy, and such students shall be considered	32459
eligible recipients of fire department grants for the purposes of	32460
this portion of the grant program.	32461

For purposes of this section, a MARCS Grant is a grant for	32462
systems, equipment, or services that are a part of, integrated	32463
into, or otherwise interoperable with the Multi-Agency Radio	32464
Communication System (MARCS) operated by the state.	32465

Of the foregoing appropriation item 800639, Fire Department	32466
Grants, up to $3,000,000 in fiscal year 2015 may be used for MARCS	32467
Grants. MARCS Grants may be used for the payment of user access	32468
fees by the eligible recipient to access MARCS.	32469

MARCS Grant awards may be up to $50,000 in fiscal year 2015	32470
per eligible recipient. Each eligible recipient may only apply, as	32471
a separate entity or as a part of a joint application, for one	32472
MARCS Grant per fiscal year. Eligible recipients that are or were	32473
awarded fire department grants that are not MARCS Grants may also	32474
apply for and receive MARCS Grants in accordance with criteria for	32475
the awarding of grant funds established by the State Fire Marshal.	32476

Grant awards for firefighting or rescue equipment or gear or	32477
for fire department costs of providing fire protection services	32478
shall be up to $15,000 per fiscal year, or up to $25,000 per	32479
fiscal year if an eligible entity serves a jurisdiction in which	32480
the Governor declared a natural disaster during the preceding or	32481
current fiscal year in which the grant was awarded. In addition to	32482
any grant funds awarded for rescue equipment or gear, or for fire	32483
department costs associated with the provision of fire protection	32484
services, an eligible entity may receive a grant for up to $15,000	32485
per fiscal year for full or partial reimbursement of the	32486
documented costs of firefighter training. For each fiscal year,	32487
the State Fire Marshal shall determine the total amounts to be	32488
allocated for each eligible purpose.	32489

The grant program shall be administered by the State Fire	32490
Marshal in accordance with rules the State Fire Marshal adopts as	32491
part of the state fire code adopted pursuant to section 3737.82 of	32492
the Revised Code that are necessary for the administration and	32493
operation of the grant program. The rules may further define the	32494
entities eligible to receive grants and establish criteria for the	32495
awarding and expenditure of grant funds, including methods the	32496
State Fire Marshal may use to verify the proper use of grant funds	32497
or to obtain reimbursement for or the return of equipment for	32498
improperly used grant funds. To the extent consistent with this	32499
section and until such time as the rules are updated, the existing	32500
rules in the state fire code adopted pursuant to section 3737.82	32501
of the Revised Code for fire department grants under this section	32502
apply to MARCS Grants. Any amounts in appropriation item 800639,	32503
Fire Department Grants, in excess of the amount allocated for	32504
these grants may be used for the administration of the grant	32505
program.	32506

CASH TRANSFERS TO DIVISION OF REAL ESTATE OPERATING FUND

32507

The Director of Budget and Management, upon the request of	32508
the Director of Commerce, may transfer up to $500,000 in cash from	32509
the Real Estate Recovery Fund (Fund 5480) and up to $250,000 in	32510
cash from the Real Estate Appraiser Recovery Fund (Fund 4B20) to	32511
the Division of Real Estate Operating Fund (Fund 5490) during the	32512
biennium ending June 30, 2015.	32513

Sec. 245.10. CEB CONTROLLING BOARD

32514

General Revenue Fund	32515

GRF	911420	Children Services	$	0	$	6,800,000	32516
GRF	911421	Adult Protective Services	$	0	$	10,000,000	32517
GRF	911441	Ballot Advertising Costs	$	475,000	$	475,000	32518
TOTAL GRF General Revenue Fund			$	475,000	$	~~475,000~~ 17,275,000	32519

General Services Fund Group	32520

5KM0	911614	CB Emergency Purposes	$	10,000,000	$	10,000,000	32521
TOTAL GSF General Services Fund Group			$	10,000,000	$	10,000,000	32522
TOTAL ALL BUDGET FUND GROUPS			$	10,475,000	$	~~10,475,000~~ 27,275,000	32523

FEDERAL SHARE

32524

In transferring appropriations to or from appropriation items	32525
that have federal shares identified in ~~this act~~Am. Sub. H.B. 59	32526
of the 130th General Assembly, the Controlling Board shall add or	32527
subtract corresponding amounts of federal matching funds at the	32528
percentages indicated by the state and federal division of the	32529
appropriations in ~~this act~~Am. Sub. H.B. 59 of the 130th General	32530
Assembly. Such changes are hereby appropriated.	32531

DISASTER SERVICES

32532

Pursuant to requests submitted by the Department of Public	32533
Safety, the Controlling Board may approve transfers from the	32534
Disaster Services Fund (5E20) to a fund and appropriation item	32535
used by the Department of Public Safety to provide for assistance	32536
to political subdivisions made necessary by natural disasters or	32537
emergencies. These transfers may be requested and approved prior	32538
to the occurrence of any specific natural disasters or emergencies	32539
in order to facilitate the provision of timely assistance. The	32540
Emergency Management Agency of the Department of Public Safety	32541
shall use the funding to fund the State Disaster Relief Program	32542
for disasters that have a written Governor's authorization, and	32543
the State Individual Assistance Program for disasters that have a	32544
written Governor's authorization and is declared by the federal	32545
Small Business Administration. The Ohio Emergency Management	32546
Agency shall publish and make available application packets	32547
outlining procedures for the State Disaster Relief Program and the	32548
State Individual Assistance Program.	32549

Fund 5E20 shall be used by the Controlling Board, pursuant to	32550
requests submitted by state agencies, to transfer cash and	32551
appropriations to any fund and appropriation item for the payment	32552
of state agency disaster relief program expenses for disasters	32553
that have a written Governor's authorization, if the Director of	32554
Budget and Management determines that sufficient funds exist.	32555

Upon the request of the Department of Public Safety, the	32556
Controlling Board may release up to $2,615,000 for Blanchard River	32557
flood mitigation projects.	32558

BALLOT ADVERTISING COSTS

32559

Pursuant to section 3501.17 of the Revised Code, and upon	32560
requests submitted by the Secretary of State, the Controlling	32561
Board shall approve transfers from the foregoing appropriation	32562
item 911441, Ballot Advertising Costs, to appropriation item	32563
050621, Statewide Ballot Advertising, in order to pay for the cost	32564
of public notices associated with statewide ballot initiatives.	32565

CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS	32566
ELIGIBILITY	32567

A state agency director shall request that the Controlling	32568
Board increase the amount of the agency's capital appropriations	32569
if the director determines such an increase is necessary for the	32570
agency to receive and use funds under the federal American	32571
Recovery and Reinvestment Act of 2009. The Controlling Board may	32572
increase the capital appropriations pursuant to the request up to	32573
the exact amount necessary under the federal act if the Board	32574
determines it is necessary for the agency to receive and use those	32575
federal funds.	32576

CHILDREN SERVICES

32577

Pursuant to Section 751.140 of this act, the Director of Job	32578
and Family Services may seek Controlling Board approval for the	32579
release and transfer of appropriations from the foregoing	32580
appropriation item 911420, Children Services. Upon approval of the	32581
Controlling Board, the Director of Budget and Management shall	32582
transfer appropriations equal to the amount requested to an	32583
appropriation item in the Department of Job and Family Services,	32584
as determined by the Director of Budget and Management. The	32585
transferred appropriations shall be used to implement the	32586
recommendations of the Children Services Funding Workgroup.	32587

ADULT PROTECTIVE SERVICES

32588

Pursuant to Section 751.130 of this act, the Director of Job	32589
and Family Services may seek Controlling Board approval for the	32590
release and transfer of appropriations from the foregoing	32591
appropriation item 911421, Adult Protective Services. Upon	32592
approval of the Controlling Board, the Director of Budget and	32593
Management shall transfer appropriations equal to the amount	32594
requested to an appropriation item in the Department of Job and	32595
Family Services, as determined by the Director of Budget and	32596
Management. The transferred appropriations shall be used to	32597
implement the recommendations of the Adult Protective Services	32598
Funding Workgroup.	32599

Sec. 257.10. DEV DEVELOPMENT SERVICES AGENCY

32600

General Revenue Fund	32601

GRF	195402	Coal Research Operating	$	261,205	$	261,405	32602
GRF	195405	Minority Business Development	$	1,693,691	$	1,693,691	32603
GRF	195407	Travel and Tourism	$	1,300,000	$	0	32604
GRF	195415	Business Development Services	$	2,413,387	$	2,413,387	32605
GRF	195426	Redevelopment Assistance	$	1,968,365	$	468,365	32606
GRF	195497	CDBG Operating Match	$	1,015,000	$	1,015,000	32607
GRF	195501	Appalachian Local Development Districts	$	440,000	$	440,000	32608
GRF	195532	Technology Programs and Grants	$	13,547,341	$	13,547,341	32609
GRF	195533	Business Assistance	$	4,205,774	$	4,205,774	32610
GRF	195535	Appalachia Assistance	$	3,846,482	$	3,846,482	32611
GRF	195537	Ohio-Israel Agricultural Initiative	$	150,000	$	150,000	32612
GRF	195901	Coal Research & Development General Obligation Debt Service	$	2,858,900	$	4,327,200	32613
GRF	195905	Third Frontier Research & Development General Obligation Debt Service	$	~~66,511,600~~ 61,911,600	$	~~83,783,000~~ 78,483,000	32614
GRF	195912	Job Ready Site Development General Obligation Debt Service	$	~~15,498,400~~ 13,198,400	$	19,124,500	32615
TOTAL GRF General Revenue Fund			$	~~115,710,145~~ 108,810,145	$	~~135,276,145~~ 129,976,145	32616

General Services Fund Group	32617

1350	195684	Development Services Operations	$	10,800,000	$	10,800,000	32618
4W10	195646	Minority Business Enterprise Loan	$	2,500,000	$	2,500,000	32619
5KN0	195640	Local Government Innovation	$	20,730,986	$	21,900,000	32620
5MB0	195623	Business Incentive Grants	$	15,000,000	$	0	32621
5MK0	195600	Vacant Facilities Grant	$	1,000,000	$	1,000,000	32622
5W50	195690	Travel and Tourism Cooperative Projects	$	150,000	$	150,000	32623
6850	195636	Development Services Reimbursable Expenditures	$	700,000	$	700,000	32624
TOTAL GSF General Services Fund							32625
Group			$	50,880,986	$	37,050,000	32626

Federal Special Revenue Fund Group	32627

3080	195602	Appalachian Regional Commission	$	475,000	$	475,000	32628
3080	195603	Housing Assistance Programs	$	10,000,000	$	10,000,000	32629
3080	195609	Small Business Administration Grants	$	5,271,381	$	5,271,381	32630
3080	195618	Energy Grants	$	9,307,779	$	4,109,193	32631
3080	195670	Home Weatherization Program	$	17,000,000	$	17,000,000	32632
3080	195671	Brownfield Redevelopment	$	5,000,000	$	5,000,000	32633
3080	195672	Manufacturing Extension Partnership	$	5,359,305	$	5,359,305	32634
3080	195675	Procurement Technical Assistance	$	600,000	$	600,000	32635
3080	195681	SBDC Disability Consulting	$	1,300,000	$	1,300,000	32636
3350	195610	Energy Programs	$	200,000	$	200,000	32637
3AE0	195643	Workforce Development Initiatives	$	1,800,000	$	1,800,000	32638
3DB0	195642	Federal Stimulus - Energy Efficiency & Conservation Block Grants	$	38,152	$	0	32639
3FJ0	195626	Small Business Capital Access and Collateral Enhancement Program	$	32,046,846	$	5,655,326	32640
3FJ0	195661	Technology Targeted Investment Program	$	12,750,410	$	2,250,072	32641
3K80	195613	Community Development Block Grant	$	65,000,000	$	65,000,000	32642
3K90	195611	Home Energy Assistance Block Grant	$	172,000,000	$	172,000,000	32643
3K90	195614	HEAP Weatherization	$	22,000,000	$	22,000,000	32644
3L00	195612	Community Services Block Grant	$	27,240,217	$	27,240,217	32645
3V10	195601	HOME Program	$	30,000,000	$	30,000,000	32646
TOTAL FED Federal Special Revenue							32647
Fund Group			$	417,389,090	$	375,260,494	32648

State Special Revenue Fund Group	32649

4500	195624	Minority Business Bonding Program Administration	$	74,868	$	74,905	32650
4510	195649	Business Assistance Programs	$	6,300,800	$	6,700,800	32651
4F20	195639	State Special Projects	$	102,145	$	102,104	32652
4F20	195699	Utility Community Assistance	$	500,000	$	500,000	32653
5CG0	195679	Alternative Fuel Transportation	$	750,000	$	750,000	32654
5HR0	195526	Incumbent Workforce Training Vouchers	$	30,000,000	$	30,000,000	32655
5HR0	195622	Defense Development Assistance	$	5,000,000	$	5,000,000	32656
5JR0	195635	Redevelopment Program Support	$	100,000	$	100,000	32657
5KP0	195645	Historic Rehab Operating	$	650,000	$	650,000	32658
5LU0	195673	Racetrack Facility Community Economic Redevelopment Fund	$	12,000,000	$	0	32659
5M40	195659	Low Income Energy Assistance (USF)	$	350,000,000	$	350,000,000	32660
5M50	195660	Advanced Energy Loan Programs	$	8,000,000	$	8,000,000	32661
5MH0	195644	SiteOhio Administration	$	100,000	$	100,000	32662
5MJ0	195683	TourismOhio Administration	$	8,000,000	$	8,000,000	32663
5W60	195691	International Trade Cooperative Projects	$	18,000	$	18,000	32664
6170	195654	Volume Cap Administration	$	32,562	$	32,562	32665
6460	195638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	32666
TOTAL SSR State Special Revenue							32667
Fund Group			$	474,628,375	$	463,028,371	32668

Facilities Establishment Fund Group	32669

5S90	195628	Capital Access Loan Program	$	3,000,000	$	3,000,000	32670
7009	195664	Innovation Ohio	$	15,000,000	$	15,000,000	32671
7010	195665	Research and Development	$	22,000,000	$	22,000,000	32672
7037	195615	Facilities Establishment	$	50,000,000	$	50,000,000	32673
TOTAL 037 Facilities							32674
Establishment Fund Group			$	90,000,000	$	90,000,000	32675

Clean Ohio Revitalization Fund	32676

7003	195663		Clean Ohio Program		$	950,000		$	950,000		32677
TOTAL 7003 Clean Ohio Revitalization Fund					$	950,000		$	950,000		32678

Third Frontier Research & Development Fund Group	32679

7011	195686	Third Frontier Operating	$	1,149,750	$	1,149,750	32680
7011	195687	Third Frontier Research & Development Projects	$	90,850,250	$	90,850,250	32681
7014	195620	Third Frontier Operating - Tax	$	1,700,000	$	1,700,000	32682
7014	195692	Research & Development Taxable Bond Projects	$	38,300,000	$	38,300,000	32683
TOTAL 011 Third Frontier Research & Development Fund Group			$	132,000,000	$	132,000,000	32684

Job Ready Site Development Fund Group	32685

7012	195688		Job Ready Site Development		$	800,000		$	800,000		32686
TOTAL 012 Job Ready Site Development Fund Group					$	800,000		$	800,000		32687

Tobacco Master Settlement Agreement Fund Group	32688

M087	195435	Biomedical Research and Technology Transfer	$	1,896,595	$	1,906,025	32689
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,896,595	$	1,906,025	32690
TOTAL ALL BUDGET FUND GROUPS			$	~~1,284,255,191~~ 1,277,355,191	$	~~1,236,271,035~~ 1,230,971,035	32691

Sec. 257.20. COAL RESEARCH OPERATING

32693

The foregoing appropriation item 195402, Coal Research	32694
Operating, shall be used for the operating expenses of the	32695
Community Services Division in support of the Ohio Coal	32696
Development Office.	32697

TRAVEL AND TOURISM

32698

The foregoing appropriation item 195407, Travel and Tourism,	32699
shall be used for marketing the state of Ohio as a tourism	32700
destination and to support administrative expenses and contracts	32701
necessary to market Ohio.	32702

BUSINESS DEVELOPMENT SERVICES

32703

The foregoing appropriation item 195415, Business Development	32704
Services, shall be used for the operating expenses of the Business	32705
Services Division and the regional economic development offices	32706
and for grants for cooperative economic development ventures.	32707

REDEVELOPMENT ASSISTANCE

32708

The foregoing appropriation item 195426, Redevelopment	32709
Assistance, shall be used to fund the costs of administering the	32710
Clean Ohio Revitalization program and other urban revitalization	32711
programs that may be implemented by the Development Services	32712
Agency. Of the foregoing appropriation item 195426, Redevelopment	32713
Assistance, $1,500,000 in fiscal year 2014 shall be used for the	32714
Famicos Foundation.	32715

CDBG OPERATING MATCH

32716

The foregoing appropriation item 195497, CDBG Operating	32717
Match, shall be used as matching funds for grants from the United	32718
States Department of Housing and Urban Development pursuant to the	32719
Housing and Community Development Act of 1974 and regulations and	32720
policy guidelines for the programs pursuant thereto.	32721

APPALACHIAN LOCAL DEVELOPMENT DISTRICTS

32722

The foregoing appropriation item 195501, Appalachian Local	32723
Development Districts, shall be used to support four local	32724
development districts. Of the foregoing appropriation amount in	32725
each fiscal year, up to $135,000 shall be allocated to the Ohio	32726
Valley Regional Development Commission, up to $135,000 shall be	32727
allocated to the Ohio Mid-Eastern Government Association, up to	32728
$135,000 shall be allocated to the Buckeye Hills-Hocking Valley	32729
Regional Development District, and up to $35,000 shall be	32730
allocated to the Eastgate Regional Council of Governments. Local	32731
development districts receiving funding under this section shall	32732
use the funds for the implementation and administration of	32733
programs and duties under section 107.21 of the Revised Code.	32734

TECHNOLOGY PROGRAMS AND GRANTS

32735

Of the foregoing appropriation item 195532, Technology	32736
Programs and Grants, up to $547,341 in each fiscal year shall be	32737
used for operating expenses incurred in administering the Ohio	32738
Third Frontier pursuant to sections 184.10 to 184.20 of the	32739
Revised Code; up to $13,000,000 in each fiscal year shall be used	32740
for the Thomas Edison Program pursuant to sections 122.28 to	32741
122.38 of the Revised Code, of which not more than ten per cent	32742
shall be used for operating expenses incurred in administering the	32743
program.	32744

BUSINESS ASSISTANCE

32745

The foregoing appropriation item 195533, Business Assistance,	32746
may be used to provide a range of business assistance, including	32747
grants to local organizations to support economic development	32748
activities that promote minority business development, small	32749
business development, entrepreneurship, and exports of Ohio's	32750
goods and services. This appropriation item shall also be used as	32751
matching funds for grants from the United States Small Business	32752
Administration and other federal agencies, pursuant to Public Law	32753
No. 96-302 as amended by Public Law No. 98-395, and regulations	32754
and policy guidelines for the programs pursuant thereto.	32755

APPALACHIA ASSISTANCE

32756

The foregoing appropriation item 195535, Appalachia	32757
Assistance, may be used for the administrative costs of planning	32758
and liaison activities for the Governor's Office of Appalachia, to	32759
provide financial assistance to projects in Ohio's Appalachian	32760
counties, and to pay dues for the Appalachian Regional Commission.	32761
These funds may be used to match federal funds from the	32762
Appalachian Regional Commission.	32763

OHIO-ISRAEL AGRICULTURE INITIATIVE

32764

The foregoing appropriation item 195537, Ohio-Israel	32765
Agricultural Initiative, shall be used for the Ohio-Israel	32766
Agricultural Initiative.	32767

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

32768

The foregoing appropriation line item 195901, Coal Research	32769
and Development General Obligation Debt Service, shall be used to	32770
pay all debt service and related financing costs during the period	32771
July 1, 2013, through June 30, 2015 for obligations issued under	32772
sections 151.01 and 151.07 of the Revised Code.	32773

THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT	32774
SERVICE	32775

The foregoing appropriation item 195905, Third Frontier	32776
Research & Development General Obligation Debt Service, shall be	32777
used to pay all debt service and related financing costs during	32778
the period from July 1, 2013, through June 30, 2015, on	32779
obligations issued for research and development purposes under	32780
sections 151.01 and 151.10 of the Revised Code.	32781

JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

32782

The foregoing appropriation item 195912, Job Ready Site	32783
Development General Obligation Debt Service, shall be used to pay	32784
all debt service and related financing costs during the period	32785
from July 1, 2013, through June 30, 2015, on obligations issued	32786
for job ready site development purposes under sections 151.01 and	32787
151.11 of the Revised Code.	32788

Sec. 259.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES

32789

General Revenue Fund	32790

GRF	320412	Protective Services	$	1,918,196	$	1,918,196	32791
GRF	320415	Lease-Rental Payments	$	~~15,843,300~~ 14,743,300	$	16,076,700	32792
GRF	322420	Screening and Early Intervention	$	300,000	$	300,000	32793
GRF	322451	Family Support Services	$	5,932,758	$	5,932,758	32794
GRF	322501	County Boards Subsidies	$	44,449,280	$	44,449,280	32795
GRF	322503	Tax Equity	$	14,000,000	$	14,000,000	32796
GRF	322507	County Board Case Management	$	2,500,000	$	2,500,000	32797
GRF	322508	Employment First Pilot Program	$	3,000,000	$	3,000,000	32798
GRF	653321	Medicaid Program Support - State	$	6,186,694	$	6,186,694	32799
GRF	653407	Medicaid Services	$	430,056,111	$	437,574,237	32800
TOTAL GRF General Revenue Fund			$	~~524,186,339~~ 523,086,339	$	531,937,865	32801

General Services Fund Group	32802

1520	653609		DC and Residential Operating Services		$	3,414,317		$	3,414,317		32803
TOTAL GSF General Services Fund Group					$	3,414,317		$	3,414,317		32804

Federal Special Revenue Fund Group	32805

3A50	320613	DD Council	$	3,297,656	$	3,324,187	32806
3250	322612	Community Social Service Programs	$	10,604,896	$	10,604,896	32807
3A40	653604	DC & ICF/IID Program Support	$	8,013,611	$	8,013,611	32808
3A40	653605	DC and Residential Services and Support	$	159,548,565		159,548,565	32809
3A40	653653	ICF/IID	$	354,712,840	$	353,895,717	32810
3G60	653639	Medicaid Waiver Services	$	932,073,249	$	1,025,921,683	32811
3G60	653640	Medicaid Waiver Program Support	$	36,934,303	$	36,170,872	32812
3M70	653650	CAFS Medicaid	$	3,000,000	$	3,000,000	32813
TOTAL FED Federal Special Revenue Fund Group			$	1,508,185,120	$	1,600,479,531	32814

State Special Revenue Fund Group	32815

5GE0	320606	Operating and Services	$	7,407,297	$	7,407,297	32816
2210	322620	Supplement Service Trust	$	150,000	$	150,000	32817
5DJ0	322625	Targeted Case Management Match	$	33,750,000	$	37,260,000	32818
5DK0	322629	Capital Replacement Facilities	$	750,000	$	750,000	32819
5H00	322619	Medicaid Repayment	$	160,000	$	160,000	32820
5JX0	322651	Interagency Workgroup - Autism	$	45,000		45,000	32821
4890	653632	DC Direct Care Services	$	16,497,169	$	16,497,169	32822
5CT0	653607	Intensive Behavioral Needs	$	1,000,000	$	1,000,000	32823
5DJ0	653626	Targeted Case Management Services	$	91,740,000	$	100,910,000	32824
5EV0	653627	Medicaid Program Support	$	685,000	$	685,000	32825
5GE0	653606	ICF/IID and Waiver Match	$	40,353,139	$	39,106,638	32826
5S20	653622	Medicaid Admin and Oversight	$	17,341,201	$	19,032,154	32827
5Z10	653624	County Board Waiver Match	$	284,740,000	$	336,480,000	32828
TOTAL SSR State Special Revenue Fund Group			$	494,618,806	$	559,483,258	32829
TOTAL ALL BUDGET FUND GROUPS			$	~~2,530,404,582~~ 2,529,304,582	$	2,695,314,971	32830

Sec. 259.210. FISCAL YEAR 2015 MEDICAID PAYMENT RATES FOR	32832
ICFs/IID	32833

(A) As used in this section:

32834

"Change of operator," "entering operator," "exiting	32835
operator," "ICF/IID," "ICF/IID services," "Medicaid days," "peer	32836
group 1," "peer group 2," "peer group 3," "provider," and	32837
"provider agreement" have the same meanings as in section 5124.01	32838
of the Revised Code.	32839

"Franchise permit fee" means the fee imposed by sections	32840
5168.60 to 5168.71 of the Revised Code.	32841

"Modified per diem rate" means the total per Medicaid day	32842
payment rate calculated for an ICF/IID under division (C) of this	32843
section.	32844

"Unmodified per diem rate" means the total per Medicaid day	32845
payment rate calculated for an ICF/IID under Chapter 5124. of the	32846
Revised Code. In the case of a new ICF/IID, "unmodified per diem	32847
rate" means the initial total per Medicaid day payment rate	32848
calculated for the new ICF/IID under section 5124.151 of the	32849
Revised Code.	32850

(B)(1) This section applies to each ~~ICF/IID~~ provider of an	32851
ICF/IID in peer group 1 or peer group 2 to which any of the	32852
following applies:	32853

~~(1)~~(a) The provider has a valid Medicaid provider agreement	32854
for the ICF/IID on June 30, 2014, and a valid Medicaid provider	32855
agreement for the ICF/IID during fiscal year 2015.	32856

~~(2)~~(b) The ICF/IID undergoes a change of operator that takes	32857
effect during fiscal year 2015, the exiting operator has a valid	32858
Medicaid provider agreement for the ICF/IID on the day immediately	32859
preceding the effective date of the change of operator, and the	32860
entering operator has a valid Medicaid provider agreement for the	32861
ICF/IID during fiscal year 2015.	32862

~~(3)~~(c) The ICF/IID is a new ICF/IID for which the provider	32863
obtains an initial provider agreement during fiscal year 2015.	32864

(2) This section does not apply to a provider of an ICF/IID	32865
in peer group 3.	32866

(C)(1) Except as otherwise provided in this section, an	32867
ICF/IID provider to which this section applies shall be paid, for	32868
ICF/IID services the ICF/IID provides during fiscal year 2015, the	32869
total modified per diem rate determined for the ICF/IID under this	32870
division.	32871

(2) Except in the case of a new ICF/IID, an ICF/IID's total	32872
modified per diem rate for fiscal year 2015 shall be the ICF/IID's	32873
total unmodified per diem rate for that fiscal year with the	32874
following modifications:	32875

(a) In place of the inflation adjustment otherwise made under	32876
section 5124.23 of the Revised Code, the ICF/IID's desk-reviewed,	32877
actual, allowable, per diem other protected costs, excluding the	32878
franchise permit fee, from calendar year 2013 shall be multiplied	32879
by 1.014.	32880

(b) In place of the maximum cost per case-mix unit	32881
established for the ICF/IID's peer group under division (C) of	32882
section 5124.19 of the Revised Code, the ICF/IID's maximum costs	32883
per case-mix unit shall be the ~~following:~~	32884

~~(i) In the case of an ICF/IID with more than eight beds,~~	32885
~~$114.37 or the different amount, if any, specified in a future~~	32886
~~amendment to this section made under division (D)(3) of this~~	32887
~~section;~~	32888

~~(ii) In the case of an ICF/IID with eight or fewer beds,~~	32889
~~$109.09 or the different~~ amount~~, if any, specified in a future~~	32890
~~amendment to this section made~~determined under division (D)(3) of	32891
this section.	32892

(c) In place of the inflation adjustment otherwise calculated	32893
under division (D) of section 5124.19 of the Revised Code for the	32894
purpose of division (A)(1)(b) of that section, an inflation	32895
adjustment of 1.014 shall be used.	32896

(d) In the place of the grouper methodology prescribed, as of	32897
the day immediately before the effective date of this section, in	32898
rules authorized by section 5124.192 of the Revised Code, the new	32899
grouper methodology prescribed in rules authorized by division	32900
(D)(2)(a) of this section shall be used.	32901

(e) In place of the maximum rate for indirect care costs	32902
established for the ICF/IID's peer group under division (C) of	32903
section 5124.21 of the Revised Code, the maximum rate for indirect	32904
care costs for the ICF/IID's peer group shall be the following:	32905

(i) In the case of an ICF/IID ~~with more than eight beds~~in	32906
peer group 1, $68.98;	32907

(ii) In the case of an ICF/IID ~~with eight or fewer beds~~in	32908
peer group 2, $59.60.	32909

(f) In place of the inflation adjustment otherwise calculated	32910
under divisions (D)(1) and (2) of section 5124.21 of the Revised	32911
Code for the purpose of division (B)(1) of that section only, an	32912
inflation adjustment of 1.014 shall be used.	32913

(g) In place of the efficiency incentive otherwise calculated	32914
under division (B)(2) or (3) of section 5124.21 of the Revised	32915
Code, the ICF/IID's efficiency incentive for indirect care costs	32916
shall be the following:	32917

(i) In the case of an ICF/IID ~~with more than eight beds~~in	32918
peer group 1, $3.69;	32919

(ii) In the case of an ICF/IID ~~with eight or fewer beds~~in	32920
peer group 2, $3.19.	32921

(h) The ICF/IID's efficiency incentive for capital costs, as	32922
determined under division (E) of section 5124.17 of the Revised	32923
Code, shall be reduced by 50%.	32924

(3) In the case of a new ICF/IID, the ICF/IID's initial total	32925
modified per diem rate for fiscal year 2015 shall be the ICF/IID's	32926
total unmodified per diem rate for that fiscal year with the	32927
following modifications:	32928

(a) In place of the amount determined under division	32929
(A)(2)(a) of section 5124.151 of the Revised Code, if there are no	32930
cost or resident assessment data for the new ICF/IID, the new	32931
ICF/IID's initial per Medicaid day rate for direct care costs	32932
shall be determined as follows:	32933

(i) Using the costs per case-mix units determined for	32934
ICFs/IID under division (C)(3)(b) of Section 11 of Sub. H.B. 303	32935
of the 129th General Assembly, as amended by ~~this act~~Am. Sub.	32936
H.B. 59 of the 130th General Assembly, determine the median of the	32937
costs per case-mix units of each peer group;	32938

(ii) Multiply the median determined under division	32939
(C)(3)(a)(i) of this section by the median annual average case-mix	32940
score for the new ICF/IID's peer group for calendar year 2013;	32941

(iii) Multiply the product determined under division	32942
(C)(3)(a)(ii) of this section by 1.014.	32943

(b) In place of the amount determined under division (A)(3)	32944
of section 5124.151 of the Revised Code, the new ICF/IID's initial	32945
per Medicaid day rate for indirect care costs shall be the	32946
following:	32947

(i) If the new ICF/IID ~~has more then eight beds~~is in peer	32948
group 1, $68.98;	32949

(ii) If the new ICF/IID ~~has eight or fewer beds~~is in peer	32950
group 2, $59.60.	32951

(c) In place of the amount determined under division (A)(4)	32952
of section 5124.151 of the Revised Code, the new ICF/IID's initial	32953
per Medicaid day rate for other protected costs shall be one	32954
hundred fifteen per cent of the median rate for ICFs/IID	32955
determined under section 5124.23 of the Revised Code with the	32956
modification made under division (C)(2)(a) of this section.	32957

(4) A new ICF/IID's initial total modified per diem rate for	32958
fiscal year 2015 as determined under division (C)(3) of this	32959
section shall be adjusted at the applicable time specified in	32960
division (B) of section 5124.151 of the Revised Code. If the	32961
adjustment affects the ICF/IID's rate for ICF/IID services	32962
provided during fiscal year 2015, the modifications specified in	32963
division (C)(2) of this section apply to the adjustment.	32964

(D)(1) In consultation with the Ohio Provider Resource	32965
Association, Values and Faith Alliance, Ohio Association of County	32966
Boards of Developmental Disabilities, and Ohio Health Care	32967
Association/Ohio Centers for Intellectual Disabilities, the	32968
Director of Developmental Disabilities shall study all of the	32969
following:	32970

(a) Establishing a new grouper methodology to be used when	32971
determining ICFs/IID's case-mix scores for fiscal year 2015;	32972

(b) ~~Whether the amounts specified in division (C)(2)(b)(i)~~	32973
~~and (ii) of this section are set at levels that will avoid or~~	32974
~~minimize rate reductions under division (E) of this section;~~	32975

~~(c)~~ For the purposes of sections 5124.153 and 5124.154 of the	32976
Revised Code, specifying additional diagnoses and special care	32977
needs that individuals must have to meet the criteria for	32978
admission to designated outlier ICFs/IID or units;	32979

~~(d)~~(c) Sources of funding for, or mechanisms to ensure the	32980
budget neutrality of, the additional diagnoses and special care	32981
needs studied under division (D)(1)(c) of this section.	32982

(2) Not later than March 31, 2014, the Director shall adopt	32983
rules under section 5124.03 of the Revised Code to do both of the	32984
following:	32985

(a) Prescribe the following:

32986

(i) If the Director and the organizations with which the	32987
Director consults under division (D)(1) of this section agree, not	32988
later than December 31, 2013, to the terms of a new grouper	32989
methodology to be used when determining ICFs/IID's case-mix scores	32990
for fiscal year 2015, a new methodology that is consistent with	32991
those terms;	32992

(ii) If division (D)(2)(a)(i) of this section does not apply,	32993
a new grouper methodology that provides for six classes based on	32994
data available to the Director on the day immediately before the	32995
effective date of this section.	32996

(b) Specify additional diagnoses and special care needs that	32997
individuals must have to meet the criteria for admission to	32998
designated outlier ICFs/IID or units for the purposes of Medicaid	32999
payment rates under sections 5124.153 and 5124.154 of the Revised	33000
Code.	33001

(3) ~~If the~~The Director and the organizations with which the	33002
Director consults under ~~divisions~~division (D)(1) of this section	33003
~~agree that the amounts specified in divisions~~shall jointly	33004
determine the amount of the maximum cost per case-mix unit to be	33005
used under division (C)(2)(b)~~(i) and (ii)~~ of this section ~~are not~~	33006
~~set at levels that will avoid or minimize~~. To the extent possible,	33007
the amount so determined shall do both of the following:	33008

(a) Avoid rate ~~reductions~~adjustments under division (E) of	33009
this section~~, the Director and organizations shall recommend, not~~	33010
~~later than March 31, 2014, that the General Assembly amend this~~	33011
~~section to revise the amounts. It is the General Assembly's intent~~	33012
~~to amend this section to revise the amounts specified in divisions~~	33013
~~(C)(2)(b)(i) and (ii) of this section if the Director and~~	33014
~~organizations recommend that the amounts be revised~~;	33015

(b) Result in payment of all desk-reviewed, actual, allowable	33016
direct care costs for the same percentage of Medicaid days for	33017
ICFs/IID in peer group 1 as for ICFs/IID in peer group 2 as of	33018
July 1, 2014, based on May 2014 Medicaid days.	33019

(E) If the mean total per diem rate for all ICFs/IID to which	33020
this section applies, weighted by May 2014 Medicaid days and	33021
determined under division (C) of this section as of July 1, 2014,	33022
is other than $282.77, the Department of Developmental	33023
Disabilities shall adjust, for fiscal year 2015, the total per	33024
diem rate for each ICF/IID to which this section applies by a	33025
percentage that is equal to the percentage by which the mean total	33026
per diem rate is greater or less than $282.77.	33027

(F) If the United States Centers for Medicare and Medicaid	33028
Services requires that the franchise permit fee be reduced or	33029
eliminated, the Department of Developmental Disabilities shall	33030
reduce the amount it pays ICF/IID providers under this section as	33031
necessary to reflect the loss to the state of the revenue and	33032
federal financial participation generated from the franchise	33033
permit fee.	33034

(G) The Department of Developmental Disabilities shall follow	33035
this section in determining the rate to be paid ICF/IID providers	33036
subject to this section notwithstanding anything to the contrary	33037
in Chapter 5124. of the Revised Code.	33038

(H) Of the foregoing appropriation items 653407, Medicaid	33039
Services, 653606, ICF/IID and Waiver Match, and 653653, ICF/IID,	33040
portions shall be used to pay the Medicaid payment rates	33041
determined in accordance with this section for ICF/IID services	33042
provided during fiscal year 2015.	33043

Sec. 263.10. EDU DEPARTMENT OF EDUCATION

33044

General Revenue Fund	33045

GRF	200321	Operating Expenses	$	13,142,780	$	13,142,780	33046
GRF	200408	Early Childhood Education	$	33,318,341	$	45,318,341	33047
GRF	200420	Information Technology Development and Support	$	4,241,296	$	4,241,296	33048
GRF	200421	Alternative Education Programs	$	7,403,998	$	7,403,998	33049
GRF	200422	School Management Assistance	$	3,000,000	$	3,000,000	33050
GRF	200424	Policy Analysis	$	328,558	$	328,558	33051
GRF	200425	Tech Prep Consortia Support	$	260,542	$	260,542	33052
GRF	200426	Ohio Educational Computer Network	$	29,625,569	$	19,625,569	33053
GRF	200427	Academic Standards	$	3,800,000	$	3,800,000	33054
GRF	200437	Student Assessment	$	55,895,000	$	75,895,000	33055
GRF	200439	Accountability/Report Cards	$	3,500,000	$	3,750,000	33056
GRF	200442	Child Care Licensing	$	827,140	$	827,140	33057
GRF	200446	Education Management Information System	$	6,833,070	$	6,833,070	33058
GRF	200447	GED Testing	$	879,551	$	879,551	33059
GRF	200448	Educator Preparation	$	1,136,737	$	1,564,237	33060
GRF	200455	Community Schools and Choice Programs	$	2,438,685	$	2,491,395	33061
GRF	200464	General Technology Operations	$	192,097	$	192,097	33062
GRF	200465	Technology Integration and Professional Development	$	1,778,879	$	1,778,879	33063
GRF	200502	Pupil Transportation	$	505,013,527	$	521,013,527	33064
GRF	200505	School Lunch Match	$	9,100,000	$	9,100,000	33065
GRF	200511	Auxiliary Services	$	130,499,457	$	138,214,374	33066
GRF	200532	Nonpublic Administrative Cost Reimbursement	$	58,951,750	$	62,436,882	33067
GRF	200540	Special Education Enhancements	$	156,871,292	$	157,871,292	33068
GRF	200545	Career-Technical Education Enhancements	$	9,372,999	$	9,372,999	33069
GRF	200550	Foundation Funding	$	5,808,098,389	$	6,151,463,768	33070
GRF	200566	Literacy Improvement	$	150,000	$	150,000	33071
GRF	200901	Property Tax Allocation - Education	$	~~1,138,800,000~~ 1,126,800,000	$	~~1,156,402,000~~ 1,146,402,000	33072
TOTAL GRF General Revenue Fund			$	~~7,985,459,657~~ 7,973,459,657	$	~~8,397,357,295~~ 8,387,357,295	33073

General Services Fund Group	33074

1380	200606	Information Technology Development and Support	$	6,850,090	$	6,850,090	33075
4520	200638	Fees and Refunds	$	500,000	$	500,000	33076
4L20	200681	Teacher Certification and Licensure	$	8,313,762	$	13,658,274	33077
5960	200656	Ohio Career Information System	$	529,761	$	529,761	33078
5H30	200687	School District Solvency Assistance	$	25,000,000	$	25,000,000	33079
5JC0	200654	Adult Career Opportunity Pilot Program	$	0	$	2,500,000	33080
5KX0	200691	Ohio School Sponsorship Program	$	487,419	$	487,419	33081
5KY0	200693	Community Schools Temporary Sponsorship	$	83,000	$	83,000	33082
TOTAL GSF General Services							33083
Fund Group			$	41,764,032	$	~~47,108,544~~ 49,608,544	33084

Federal Special Revenue Fund Group	33085

3090	200601	Neglected and Delinquent Education	$	2,168,642	$	2,168,642	33086
3670	200607	School Food Services	$	8,200,664	$	8,700,149	33087
3700	200624	Education of Exceptional Children	$	1,530,000	$	1,530,000	33088
3AF0	200603	Schools Medicaid Administrative Claims	$	750,000	$	750,000	33089
3AN0	200671	School Improvement Grants	$	20,400,000	$	20,400,000	33090
3BK0	200628	Longitudinal Data Systems	$	1,250,000	$	0	33091
3C50	200661	Early Childhood Education	$	14,554,749	$	14,554,749	33092
3CG0	200646	Teacher Incentive	$	15,125,588	$	15,183,285	33093
3D20	200667	Math Science Partnerships	$	6,000,000	$	6,000,000	33094
3EC0	200653	Teacher Incentive - Federal Stimulus	$	1,300,000	$	0	33095
3EH0	200620	Migrant Education	$	2,900,000	$	2,900,000	33096
3EJ0	200622	Homeless Children Education	$	2,600,000	$	2,600,000	33097
3EK0	200637	Advanced Placement	$	450,000	$	450,000	33098
3EN0	200655	State Data Systems - Federal Stimulus	$	1,250,000	$	0	33099
3FD0	200665	Race to the Top	$	136,000,000	$	58,074,046	33100
3FN0	200672	Early Learning Challenge - Race to the Top	$	7,040,000	$	7,040,000	33101
3GE0	200674	Summer Food Service Program	$	13,596,000	$	14,003,800	33102
3GF0	200675	Miscellaneous Nutrition Grants	$	700,000	$	700,000	33103
3GG0	200676	Fresh Fruit and Vegetable Program	$	4,738,000	$	4,880,140	33104
3H90	200605	Head Start Collaboration Project	$	225,000	$	225,000	33105
3L60	200617	Federal School Lunch	$	350,608,075	$	361,126,273	33106
3L70	200618	Federal School Breakfast	$	108,480,590	$	112,819,813	33107
3L80	200619	Child/Adult Food Programs	$	106,992,650	$	110,202,428	33108
3L90	200621	Career-Technical Education Basic Grant	$	44,663,900	$	44,663,900	33109
3M00	200623	ESEA Title 1A	$	560,000,000	$	560,000,000	33110
3M20	200680	Individuals with Disabilities Education Act	$	443,170,050	$	443,170,050	33111
3T40	200613	Public Charter Schools	$	500,000	$	0	33112
3Y20	200688	21st Century Community Learning Centers	$	48,201,810	$	50,611,900	33113
3Y60	200635	Improving Teacher Quality	$	101,900,000	$	101,900,000	33114
3Y70	200689	English Language Acquisition	$	9,700,000	$	9,700,000	33115
3Y80	200639	Rural and Low Income Technical Assistance	$	3,300,000	$	3,300,000	33116
3Z20	200690	State Assessments	$	11,800,000	$	11,800,000	33117
3Z30	200645	Consolidated Federal Grant Administration	$	7,949,280	$	7,949,280	33118
TOTAL FED Federal Special							33119
Revenue Fund Group			$	2,038,044,998	$	1,977,403,455	33120

State Special Revenue Fund Group	33121

4540	200610	GED Testing	$	1,050,000	$	250,000	33122
4550	200608	Commodity Foods	$	24,000,000	$	24,000,000	33123
4R70	200695	Indirect Operational Support	$	6,600,000	$	6,600,000	33124
4V70	200633	Interagency Program Support	$	717,725	$	717,725	33125
5980	200659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	33126
5BJ0	200626	Half-Mill Maintenance Equalization	$	19,000,000	$	20,000,000	33127
5MM0	200677	Child Nutrition Refunds	$	500,000	$	500,000	33128
5T30	200668	Gates Foundation Grants	$	200,000	$	153,000	33129
5U20	200685	National Education Statistics	$	300,000	$	300,000	33130
6200	200615	Educational Improvement Grants	$	300,000	$	300,000	33131
TOTAL SSR State Special Revenue							33132
Fund Group			$	53,996,635	$	54,149,635	33133

Lottery Profits Education Fund Group	33134

7017	200612	Foundation Funding	$	775,500,000	$	~~853,000,000~~ 857,700,000	33135
7017	200629	Career Advising and Mentoring	$	0	$	10,000,000	33136
7017	200648	Straight A Fund	$	100,000,000	$	150,000,000	33137
7017	200666	EdChoice Expansion	$	~~8,500,000~~ 3,800,000	$	17,000,000	33138
7017	200684	Community School Facilities	$	7,500,000	$	7,500,000	33139
TOTAL LPE Lottery Profits							33140
Education Fund Group			$	~~891,500,000~~ 886,800,000	$	~~1,027,500,000~~ 1,042,200,000	33141

Revenue Distribution Fund Group	33142

7047	200909	School District Property Tax Replacement-Business	$	482,000,000	$	482,000,000	33143
7053	200900	School District Property Tax Replacement-Utility	$	28,000,000	$	28,000,000	33144
TOTAL RDF Revenue Distribution							33145
Fund Group			$	510,000,000	$	510,000,000	33146
TOTAL ALL BUDGET FUND GROUPS			$	~~11,520,765,322~~ 11,504,065,322	$	~~12,013,518,929~~ 12,020,718,929	33147

Sec. 263.230. FOUNDATION FUNDING

33149

Of the foregoing appropriation item 200550, Foundation	33150
Funding, up to $675,000 in fiscal year 2014 shall be used to	33151
support the work of the College of Education and Human Ecology at	33152
the Ohio State University in reviewing and assessing the alignment	33153
of courses offered through the distance learning clearinghouse	33154
established in sections 3333.81 to 3333.88 of the Revised Code	33155
with the academic content standards adopted under division (A) of	33156
section 3301.079 of the Revised Code.	33157

Of the foregoing appropriation item 200550, Foundation	33158
Funding, up to $40,000,000 in each fiscal year shall be used to	33159
provide additional state aid to school districts, joint vocational	33160
school districts, community schools, and STEM schools for special	33161
education students under division (C)(3) of section 3314.08,	33162
section 3317.0214, division (B) of section 3317.16, and section	33163
3326.34 of the Revised Code, except that the Controlling Board may	33164
increase these amounts if presented with such a request from the	33165
Department of Education at the final meeting of the fiscal year.	33166

Of the foregoing appropriation item 200550, Foundation	33167
Funding, up to $2,000,000 in each fiscal year shall be reserved	33168
for Youth Services tuition payments under section 3317.024 of the	33169
Revised Code.	33170

Of the foregoing appropriation item 200550, Foundation	33171
Funding, up to $3,800,000 in each fiscal year shall be used to	33172
fund gifted education at educational service centers. The	33173
Department shall distribute the funding through the unit-based	33174
funding methodology in place under division (L) of section	33175
3317.024, division (E) of section 3317.05, and divisions (A), (B),	33176
and (C) of section 3317.053 of the Revised Code as they existed	33177
prior to fiscal year 2010.	33178

Of the foregoing appropriation item 200550, Foundation	33179
Funding, up to $43,500,000 in fiscal year 2014 and up to	33180
$40,000,000 in fiscal year 2015 shall be reserved to fund the	33181
state reimbursement of educational service centers under the	33182
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	33183
entitled "EDUCATIONAL SERVICE CENTERS FUNDING"; and up to	33184
$3,500,000 in each fiscal year shall be distributed to educational	33185
service centers for School Improvement Initiatives and, in	33186
consultation with the Governor's Director of 21st Century	33187
Education, for the provision of technical assistance as required	33188
by the Elementary and Secondary Education Act Flexibility waivers	33189
approved for Ohio by the United States Department of Education.	33190
Educational service centers shall be required to support districts	33191
in the development and implementation of their continuous	33192
improvement plans as required in section 3302.04 of the Revised	33193
Code and to provide technical assistance and support in accordance	33194
with Title I of the "No Child Left Behind Act of 2001," 115 Stat.	33195
1425, 20 U.S.C. 6317, as administered pursuant to the Elementary	33196
and Secondary Education Act Flexibility waivers approved for Ohio	33197
by the United States Department of Education.	33198

Of the foregoing appropriation item 200550, Foundation	33199
Funding, up to $20,000,000 in each fiscal year shall be reserved	33200
for payments under sections 3317.026, 3317.027, and 3317.028 of	33201
the Revised Code. If this amount is not sufficient, the Department	33202
of Education shall prorate the payment amounts so that the	33203
aggregate amount allocated in this paragraph is not exceeded.	33204

Of the foregoing appropriation item 200550, Foundation	33205
Funding, up to $2,000,000 in each fiscal year shall be used to pay	33206
career-technical planning districts for the amounts reimbursed to	33207
students, as prescribed in this paragraph. Each career-technical	33208
planning district shall reimburse individuals taking the online	33209
General Educational Development (GED) test for the first time for	33210
application/test fees in excess of $40. Each career-technical	33211
planning district shall designate a site or sites where	33212
individuals may register and take the exam. For each individual	33213
that registers for the exam, the career-technical planning	33214
district shall make available and offer career counseling	33215
services, including information on adult education programs that	33216
are available. Any remaining funds in each fiscal year shall be	33217
reimbursed to the Department of Youth Services and the Department	33218
of Rehabilitation and Correction for individuals in these	33219
facilities who have taken the GED for the first time. The amounts	33220
reimbursed shall not exceed the per-individual amounts reimbursed	33221
to other individuals under this section for each section of the	33222
GED.	33223

Of the foregoing appropriation item 200550, Foundation	33224
Funding, up to $410,000 in each fiscal year shall be used to pay	33225
career-technical planning districts $500 for each student that	33226
receives a journeyman certification, as recognized by the United	33227
States Department of Labor.	33228

Of the foregoing appropriation item 200550, Foundation	33229
Funding, up to $18,713,327 in ~~each~~ fiscal year 2014 and up to	33230
$26,213,327 in fiscal year 2015 shall be used to support school	33231
choice programs.	33232

Of the portion of the funds distributed to the Cleveland	33233
Municipal School District under this section, up to $11,901,887 in	33234
each fiscal year shall be used to operate the school choice	33235
program in the Cleveland Municipal School District under sections	33236
3313.974 to 3313.979 of the Revised Code. Notwithstanding	33237
divisions (B) and (C) of section 3313.978 and division (C) of	33238
section 3313.979 of the Revised Code, up to $1,000,000 in each	33239
fiscal year of this amount shall be used by the Cleveland	33240
Municipal School District to provide tutorial assistance as	33241
provided in division (H) of section 3313.974 of the Revised Code.	33242
The Cleveland Municipal School District shall report the use of	33243
these funds in the district's three-year continuous improvement	33244
plan as described in section 3302.04 of the Revised Code in a	33245
manner approved by the Department of Education.	33246

Of the foregoing appropriation item 200550, Foundation	33247
Funding, up to $2,000,000 in fiscal year 2015 shall be used to pay	33248
college-preparatory boarding schools the per pupil boarding amount	33249
pursuant to section 3328.34 of the Revised Code.	33250

Of the foregoing appropriation item 200550, Foundation	33251
Funding, up to $500,000 in each fiscal year shall be used to	33252
support Jobs for Ohio's Graduates.	33253

Of the foregoing appropriation item 200550, Foundation	33254
Funding, up to $250,000 in fiscal year 2015 may be used for	33255
payment of the Post-Secondary Enrollment Options Program for	33256
students instructed at home pursuant to section 3321.04 of the	33257
Revised Code.	33258

Of the foregoing appropriation item 200550, Foundation	33259
Funding, up to $5,000,000 in fiscal year 2014 shall be used to	33260
reimburse school districts for the full amount deducted in that	33261
year under section 3310.55 of the Revised Code for Jon Peterson	33262
Scholarships awarded under sections 3310.51 to 3310.64 of the	33263
Revised Code to students who did not attend a public school in	33264
their resident district in the previous school year. If this	33265
amount is not sufficient, the Department of Education shall	33266
prorate the payment amounts so that the aggregate amount	33267
appropriated in this paragraph is not exceeded.	33268

Of the foregoing appropriation item 200550, Foundation	33269
Funding, an amount shall be available in each fiscal year to be	33270
paid to joint vocational school districts in accordance with	33271
division (A) of section 3317.16 of the Revised Code and the	33272
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	33273
entitled "TEMPORARY TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL	33274
DISTRICTS."	33275

Of the foregoing appropriation item 200550, Foundation	33276
Funding, up to $700,000 in each fiscal year shall be used by the	33277
Department of Education for a program to pay for educational	33278
services for youth who have been assigned by a juvenile court or	33279
other authorized agency to any of the facilities described in	33280
division (A) of the section of ~~this act~~Am. Sub. H.B. 59 of the	33281
130th General Assembly entitled "PRIVATE TREATMENT FACILITY	33282
PROJECT."	33283

Of the foregoing appropriation item 200550, Foundation	33284
Funding, up to $675,000 in fiscal year 2015 shall be used to	33285
provide grants on a competitive basis to public and chartered	33286
nonpublic schools for their participation in the electronic	33287
textbook pilot project. These funds shall be administered as	33288
provided under the section of ~~this act~~Am. Sub. H.B. 59 of the	33289
130th General Assembly entitled ELECTRONIC TEXTBOOK PILOT PROJECT.	33290

Of the foregoing appropriation item 200550, Foundation	33291
Funding, up to $500,000 in fiscal year 2014 and up to $3,000,000	33292
in fiscal year 2015 shall be used for the New Leaders for Ohio	33293
Schools Pilot Project in accordance with Section 733.40 of ~~this~~	33294
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly.	33295

The remainder of appropriation item 200550, Foundation	33296
Funding, shall be used to distribute the amounts calculated for	33297
formula aid under section 3317.022 of the Revised Code and the	33298
section of ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly	33299
entitled "TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED	33300
VILLAGE SCHOOL DISTRICTS."	33301

Appropriation items 200502, Pupil Transportation, 200540,	33302
Special Education Enhancements, and 200550, Foundation Funding,	33303
other than specific set-asides, are collectively used in each	33304
fiscal year to pay state formula aid obligations for school	33305
districts, community schools, STEM schools, college preparatory	33306
boarding schools, and joint vocational school districts under ~~this~~	33307
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly. The first	33308
priority of these appropriation items, with the exception of	33309
specific set-asides, is to fund state formula aid obligations. It	33310
may be necessary to reallocate funds among these appropriation	33311
items or use excess funds from other general revenue fund	33312
appropriation items in the Department of Education's budget in	33313
each fiscal year, in order to meet state formula aid obligations.	33314
If it is determined that it is necessary to transfer funds among	33315
these appropriation items or to transfer funds from other General	33316
Revenue Fund appropriations in the Department of Education's	33317
budget to meet state formula aid obligations, the Department of	33318
Education shall seek approval from the Controlling Board to	33319
transfer funds as needed.	33320

The Superintendent of Public Instruction shall make payments,	33321
transfers, and deductions, as authorized by Title XXXIII of the	33322
Revised Code and Sections 267.30.50, 267.30.53, 267.30.56, and	33323
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, in	33324
amounts substantially equal to those made in the prior year, or	33325
otherwise, at the discretion of the Superintendent, until at least	33326
the effective date of the amendments and enactments made to Title	33327
XXXIII by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly.	33328
If a new school district, community school, or STEM school opens	33329
prior to the effective date of ~~this act~~Am. Sub. H.B. 59 of the	33330
130th General Assembly, the Department of Education shall pay to	33331
the district or school an amount of $5,000 per pupil, based upon	33332
the estimated number of students that the district or school is	33333
expected to serve. Any funds paid to districts or schools under	33334
this section shall be credited toward the annual funds calculated	33335
for the district or school after the changes made to Title XXXIII	33336
in ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly are	33337
effective. Upon the effective date of changes made to Title XXXIII	33338
in ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, funds	33339
shall be calculated as an annual amount.	33340

Sec. 263.240. TEMPORARY TRANSITIONAL AID FOR CITY, LOCAL, AND	33341
EXEMPTED VILLAGE SCHOOL DISTRICTS	33342

The Department of Education shall distribute funds within	33343
appropriation item 200550, Foundation Funding, for temporary	33344
transitional aid in each fiscal year to each qualifying city,	33345
local, and exempted village school district.	33346

(A) For fiscal years 2014 and 2015, the Department shall pay	33347
temporary transitional aid to each city, local, or exempted	33348
village school district that experiences any decrease in its state	33349
foundation funding for the current fiscal year from its	33350
transitional aid guarantee base. The amount of the temporary	33351
transitional aid payment shall equal the difference between its	33352
foundation funding for the current fiscal year and its	33353
transitional aid guarantee base. If the computation made under	33354
this division results in a negative number, the district's funding	33355
under this division shall be zero.	33356

(1) As used in this section, foundation funding for each	33357
city, local, and exempted village school district for a given	33358
fiscal year equals the sum of the amount calculated for the	33359
district under section 3317.022 of the Revised Code, as re-enacted	33360
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, and	33361
the amounts calculated for the district under divisions (G)(1) and	33362
(2) of section 3317.0212 of the Revised Code, as amended by ~~this~~	33363
~~act~~Am. Sub. H.B. 59 of the 130th General Assembly, for that	33364
fiscal year.	33365

(2) The transitional aid guarantee base for each city, local,	33366
and exempted village school district equals the sum of the amounts	33367
computed for the district for fiscal year 2013, under Sections	33368
267.30.50, 267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the	33369
129th General Assembly. The Department of Education shall adjust,	33370
as necessary, the transitional aid guarantee base of any local	33371
school district that participates in the establishment of a joint	33372
vocational school district that begins receiving payments under	33373
section 3317.16 of the Revised Code, as re-enacted by ~~this act~~Am.	33374
Sub. H.B. 59 of the 130th General Assembly, for fiscal year 2014	33375
or fiscal year 2015, but does not receive payments under Section	33376
267.30.60 of Am. Sub. H.B. 153 of the 129th General Assembly, for	33377
fiscal year 2013. The Department shall adjust any such local	33378
school district's guarantee base according to the amounts received	33379
by the district in fiscal year 2013 for career-technical education	33380
students who attend the newly established joint vocational school	33381
district in fiscal year 2014 or fiscal year 2015.	33382

(B)(1) Notwithstanding section 3317.022 of the Revised Code,	33383
as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	33384
Assembly, in fiscal year 2014, no city, local, or exempted village	33385
school district shall be allocated foundation funding that is	33386
greater than 1.0625 times the district's transitional aid	33387
guarantee base.	33388

(2) Notwithstanding section 3317.022 of the Revised Code, as	33389
re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	33390
Assembly, in fiscal year 2015, no city, local, or exempted village	33391
school district shall be allocated foundation funding that is	33392
greater than 1.105 times the district's fiscal year 2014 base,	33393
which is the amount computed for foundation funding for the	33394
district for fiscal year 2014 plus any amount calculated for	33395
temporary transitional aid for fiscal year 2014 under division (A)	33396
of this section and after any reductions made for fiscal year 2014	33397
under division (B)(1) of this section. The Department shall	33398
adjust, as necessary, the fiscal year 2014 base of any local	33399
school district that participates in the establishment of a joint	33400
vocational school district that begins receiving payments under	33401
section 3317.16 of the Revised Code for fiscal year 2015, but does	33402
not receive such payments for fiscal year 2014. The Department	33403
shall adjust any such local school district's fiscal year 2014	33404
base according to the amounts received by the district in fiscal	33405
year 2014 for career-technical education students who attend the	33406
newly established joint vocational school district in fiscal year	33407
2015.	33408

(3) The Department shall reduce a district's payments under	33409
divisions (A)(1), (2), (4), (5), (6), and (7) of section 3317.022	33410
of the Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of	33411
the 130th General Assembly, and divisions (G)(1) and (2) of	33412
section 3317.0212 of the Revised Code, as amended by ~~this act~~Am.	33413
Sub. H.B. 59 of the 130th General Assembly, proportionately as	33414
necessary in order to comply with this division. If those amounts	33415
are insufficient, the Department shall proportionately reduce a	33416
district's payments under divisions (A)(3), (8), and (9) of	33417
section 3317.022 of the Revised Code, as re-enacted by ~~this act~~	33418
Am. Sub. H.B. 59 of the 130th General Assembly.	33419

Sec. 263.250. TEMPORARY TRANSITIONAL AID FOR JOINT	33420
VOCATIONAL SCHOOL DISTRICTS	33421

The Department of Education shall distribute funds within	33422
appropriation item 200550, Foundation Funding, for temporary	33423
transitional aid in each fiscal year to each qualifying joint	33424
vocational school district.	33425

(A) For fiscal years 2014 and 2015, the Department shall pay	33426
temporary transitional aid to each joint vocational school	33427
district that experiences any decrease in its state core	33428
foundation funding under division (A) of section 3317.16 of the	33429
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	33430
130th General Assembly, for the current fiscal year from its	33431
transitional aid guarantee base. The amount of the temporary	33432
transitional aid payment shall equal the difference between the	33433
district's funding under division (A) of section 3317.16 of the	33434
Revised Code for the current fiscal year and its transitional aid	33435
guarantee base. If the computation made under this division	33436
results in a negative number, the district's funding under this	33437
division shall be zero.	33438

The transitional aid guarantee base for each joint vocational	33439
school district equals the amount computed for the district for	33440
fiscal year 2013, under Section 267.30.60 of Am. Sub. H.B. 153 of	33441
the 129th General Assembly. The Department of Education shall	33442
establish, as necessary, the transitional aid guarantee base of	33443
any joint vocational school district that begins receiving	33444
payments under section 3317.16 of the Revised Code, as re-enacted	33445
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, for	33446
fiscal year 2014 or fiscal year 2015, but does not receive	33447
payments under Section 267.30.60 of Am. Sub. H.B. 153 of the 129th	33448
General Assembly, for fiscal year 2013. The Department shall	33449
establish any such joint vocational school district's guarantee	33450
base as an amount equal to the absolute value of the sum of the	33451
associated adjustments of any local school districts' guarantee	33452
bases under Section 263.240 of ~~this act~~Am. Sub. H.B. 59 of the	33453
130th General Assembly.	33454

(B)(1) Notwithstanding division (A) of section 3317.16 of the	33455
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	33456
130th General Assembly, in fiscal year 2014, no joint vocational	33457
school district shall be allocated state core foundation funding,	33458
as computed under division (A) of section 3317.16 of the Revised	33459
Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th	33460
General Assembly, that is greater than 1.0625 times the district's	33461
transitional aid guarantee base.	33462

(2) Notwithstanding division (A) of section 3317.16 of the	33463
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	33464
130th General Assembly, in fiscal year 2015, no joint vocational	33465
school district shall be allocated state core foundation funding,	33466
under division (A) of section 3317.16 of the Revised Code, as	33467
re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th General	33468
Assembly, that is greater than 1.105 times the district's fiscal	33469
year 2014 base, which is the amount computed for state core	33470
foundation funding for the district for fiscal year 2014 under	33471
division (A) of section 3317.16 of the Revised Code, as re-enacted	33472
by ~~this act~~Am. Sub. H.B. 59 of the 130th General Assembly, plus	33473
any amount calculated for temporary transitional aid for fiscal	33474
year 2014 under division (A) of this section and after any	33475
reductions made for fiscal year 2014 under division (B)(1) of this	33476
section. The Department shall establish, as necessary, the fiscal	33477
year 2014 base of any joint vocational school district that begins	33478
receiving payments under section 3317.16 of the Revised Code for	33479
fiscal year 2015, but does not receive such payments for fiscal	33480
year 2014. The Department shall establish any such joint	33481
vocational school district's fiscal year 2014 base as an amount	33482
equal to the absolute value of the sum of the associated	33483
adjustments of any local school district's fiscal year 2014 base	33484
under division (B)(2) of Section 263.240 of Am. Sub. H.B. 59 of	33485
the 130th General Assembly.	33486

(3) The Department shall reduce a district's payments under	33487
divisions (A)(1), (3), and (4) of section 3317.16 of the Revised	33488
Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the 130th	33489
General Assembly, proportionately as necessary in order to comply	33490
with this division. If those amounts are insufficient, the	33491
Department shall proportionately reduce a district's payments	33492
under divisions (A)(2), (5), and (6) of section 3317.16 of the	33493
Revised Code, as re-enacted by ~~this act~~Am. Sub. H.B. 59 of the	33494
130th General Assembly.	33495

Sec. 263.270. TEACHER CERTIFICATION AND LICENSURE

33496

The foregoing appropriation item 200681, Teacher	33497
Certification and Licensure, shall be used by the Department of	33498
Education in each year of the biennium to administer and support	33499
teacher certification and licensure activities.	33500

SCHOOL DISTRICT SOLVENCY ASSISTANCE

33501

(A) Of the foregoing appropriation item 200687, School	33502
District Solvency Assistance, $20,000,000 in each fiscal year	33503
shall be allocated to the School District Shared Resource Account	33504
and $5,000,000 in each fiscal year shall be allocated to the	33505
Catastrophic Expenditures Account. These funds shall be used to	33506
provide assistance and grants to school districts to enable them	33507
to remain solvent under section 3316.20 of the Revised Code.	33508
Assistance and grants shall be subject to approval by the	33509
Controlling Board. Except as provided under division (C) of this	33510
section, any required reimbursements from school districts for	33511
solvency assistance shall be made to the appropriate account in	33512
the School District Solvency Assistance Fund (Fund 5H30).	33513

(B) Notwithstanding any provision of law to the contrary,	33514
upon the request of the Superintendent of Public Instruction, the	33515
Director of Budget and Management may make transfers to the School	33516
District Solvency Assistance Fund (Fund 5H30) from any fund used	33517
by the Department of Education or the General Revenue Fund to	33518
maintain sufficient cash balances in Fund 5H30 in fiscal years	33519
2014 and 2015. Any cash transferred is hereby appropriated. The	33520
transferred cash may be used by the Department of Education to	33521
provide assistance and grants to school districts to enable them	33522
to remain solvent and to pay unforeseeable expenses of a temporary	33523
or emergency nature that the school district is unable to pay from	33524
existing resources. The Director of Budget and Management shall	33525
notify the members of the Controlling Board of any such transfers.	33526

(C) If the cash balance of the School District Solvency	33527
Assistance Fund (Fund 5H30) is insufficient to pay solvency	33528
assistance in fiscal years 2014 and 2015, at the request of the	33529
Superintendent of Public Instruction, and with the approval of the	33530
Controlling Board, the Director of Budget and Management may	33531
transfer cash from the Lottery Profits Education Reserve Fund	33532
(Fund 7018) to Fund 5H30 to provide assistance and grants to	33533
school districts to enable them to remain solvent and to pay	33534
unforeseeable expenses of a temporary nature that they are unable	33535
to pay from existing resources under section 3316.20 of the	33536
Revised Code. Such transfers are hereby appropriated to	33537
appropriation item 200670, School District Solvency Assistance –	33538
Lottery. Any required reimbursements from school districts for	33539
solvency assistance granted from appropriation item 200670, School	33540
District Solvency Assistance – Lottery, shall be made to Fund	33541
7018.	33542

ADULT CAREER OPPORTUNITY PILOT PROGRAM

33543

The foregoing appropriation item 200654, Adult Career	33544
Opportunity Pilot Program, shall be used by the Superintendent of	33545
Public Instruction to award and administer planning grants for the	33546
Adult Career Opportunity Pilot Program established in section	33547
3313.902 of the Revised Code. The Superintendent may award grants	33548
of up to $500,000 to not more than five eligible institutions. The	33549
grants shall be used by selected eligible institutions to build	33550
capacity to implement the program beginning in the 2015-2016	33551
academic year.	33552

The Superintendent of Public Instruction and the Chancellor,	33553
or their designees, shall develop an application process to award	33554
these grants to eligible institutions geographically dispersed	33555
across the state. Any remaining appropriation after providing	33556
grants to eligible institutions may be used to provide technical	33557
assistance to eligible institutions receiving the grant.	33558

The Superintendent, in consultation with the Chancellor, the	33559
Governor's Office of Workforce Transformation, the Ohio	33560
Association of Community Colleges, Ohio Technical Centers, Adult	33561
Basic and Literacy Education programs, and other interested	33562
parties as deemed necessary, or their designees, shall develop	33563
recommendations for the method of funding and other associated	33564
requirements for the Adult Career Opportunity Pilot Program. The	33565
Superintendent shall provide a report of the recommendations to	33566
the Governor, the President of the Senate, and the Speaker of the	33567
House of Representatives by December 31, 2014.	33568

As used in this section, "eligible institution" has the same	33569
meaning as in section 3313.902 of the Revised Code.	33570

Sec. 263.320. LOTTERY PROFITS EDUCATION FUND

33571

Appropriation item 200612, Foundation Funding (Fund 7017),	33572
shall be used in conjunction with appropriation item 200550,	33573
Foundation Funding (GRF), to provide state foundation payments to	33574
school districts.	33575

The Department of Education, with the approval of the	33576
Director of Budget and Management, shall determine the monthly	33577
distribution schedules of appropriation item 200550, Foundation	33578
Funding (GRF), and appropriation item 200612, Foundation Funding	33579
(Fund 7017). If adjustments to the monthly distribution schedule	33580
are necessary, the Department of Education shall make such	33581
adjustments with the approval of the Director of Budget and	33582
Management.	33583

CAREER ADVISING AND MENTORING PROGRAM

33584

The foregoing appropriation item 200629, Career Advising and	33585
Mentoring, shall be used by the State Superintendent of Public	33586
Instruction to create the Career Advising and Mentoring Grant	33587
Program. The Superintendent shall develop guidelines for the	33588
grants. The program shall award competitive matching grants to	33589
provide funding for local networks of volunteers and organizations	33590
to sponsor career advising and mentoring for students in eligible	33591
school districts. Each grant award shall match up to three times	33592
the funds allocated to the project by the local network. Eligible	33593
school districts are those with a high percentage of students in	33594
poverty, a high number of students not graduating on time, and	33595
other criteria as determined by the State Superintendent. Eligible	33596
school districts shall partner with members of the business	33597
community, civic organizations, or the faith-based community to	33598
provide sustainable career advising and mentoring services.	33599

STRAIGHT A FUND

33600

Of the foregoing appropriation item 200648, Straight A Fund,	33601
up to $70,000 in each fiscal year shall be used by Kids Unlimited	33602
of Toledo for quality after-school tutoring and mentoring programs	33603
in two elementary school buildings in Lucas County. The school	33604
buildings may include any community school, chartered nonpublic	33605
school, or building that is part of a city, local, or exempted	33606
village school district. Kids Unlimited of Toledo shall provide	33607
local matching funds equal to the set-aside.	33608

Of the foregoing appropriation item 200648, Straight A Fund,	33609
up to $250,000 in each fiscal year may be used to make competitive	33610
grants in accordance with Section 263.324 of this act.	33611

Of the foregoing appropriation item 200648, Straight A Fund,	33612
up to $6,000,000 in fiscal year 2014 shall be distributed to the	33613
Cleveland Municipal School District to be used, as determined by	33614
the Department of Education, to implement provisions of Am. Sub.	33615
H.B. 525 of the 129th General Assembly.	33616

Of the foregoing appropriation item 200648, Straight A Fund,	33617
up to $5,000,000 in each fiscal year shall be provided to school	33618
districts that meet the conditions prescribed in division (G)(3)	33619
of section 3317.0212 of the Revised Code to support innovations	33620
that improve the efficiency of pupil transportation. This may	33621
include, but is not limited to, the purchase of buses and other	33622
equipment. The Department of Education shall distribute these	33623
funds to districts based on each district's qualifying ridership	33624
as reported under division (B) of section 3317.0212 of the Revised	33625
Code.	33626

The remainder of appropriation item 200648, Straight A Fund,	33627
shall be used to make competitive grants in accordance with	33628
Section 263.325 of this act.	33629

EDCHOICE EXPANSION

33630

The foregoing appropriation item 200666, EdChoice Expansion,	33631
shall be used as follows:	33632

(A) In fiscal year 2014, notwithstanding section 3310.032 of	33633
the Revised Code, the Department of Education shall administer an	33634
expansion of the Educational Choice Scholarship program as	33635
follows:	33636

(1) A student is an "eligible student" for purposes of the	33637
expansion of the Educational Choice Scholarship Pilot Program	33638
under division (A) of this section if the student's resident	33639
district is not a school district in which the pilot project	33640
scholarship program is operating under sections 3313.974 to	33641
3313.979 of the Revised Code and the student's family income is at	33642
or below two hundred per cent of the federal poverty guidelines,	33643
as defined in section 5101.46 of the Revised Code.	33644

(2) The Department shall pay scholarships to attend chartered	33645
nonpublic schools in accordance with section 3310.08 of the	33646
Revised Code. The number of scholarships awarded under division	33647
(A) of this section shall not exceed the number that can be funded	33648
with appropriations made by the general assembly for this purpose.	33649

(3) Scholarships under division (A) of this section shall be	33650
awarded for the 2013-2014 school year, to eligible students who	33651
are entering kindergarten in that school year for the first time.	33652

(4) If the number of eligible students who apply for a	33653
scholarship exceeds the scholarships available based on the	33654
appropriation for division (A) of this section, the department	33655
shall award scholarships in the following order of priority:	33656

(a) First, to eligible students with family incomes at or	33657
below one hundred per cent of the federal poverty guidelines.	33658

(b) Second, to other eligible students who qualify under	33659
division (A) of this section. If the number of students described	33660
in division (A)(4)(b) of this section exceeds the number of	33661
available scholarships after awards are made under division	33662
(A)(4)(a) of this section, the department shall select students	33663
described in division (A)(4)(b) of this section by lot to receive	33664
any remaining scholarships.	33665

(5) A student who receives a scholarship under division (A)	33666
of this section remains an eligible student and may continue to	33667
receive scholarships under section 3310.032 of the Revised Code in	33668
subsequent school years until the student completes grade twelve,	33669
so long as the student satisfies the conditions specified in	33670
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	33671

Once a scholarship is awarded under this section, the student	33672
shall remain eligible for that scholarship for the current and	33673
subsequent school years, even if the student's family income rises	33674
above the amount specified in division (A) of section 3310.032 of	33675
the Revised Code, provided the student remains enrolled in a	33676
chartered nonpublic school.	33677

(B) In fiscal year 2015, to provide for the scholarships	33678
awarded under the expansion of the educational choice program	33679
established under section 3310.032 of the Revised Code. The number	33680
of scholarships awarded under the expansion of the educational	33681
choice program shall not exceed the number that can be funded with	33682
the appropriations made by the General Assembly for this purpose.	33683

COMMUNITY SCHOOL FACILITIES

33684

The foregoing appropriation item 200684, Community School	33685
Facilities, shall be used to pay each community school established	33686
under Chapter 3314. of the Revised Code that is not an internet-	33687
or computer-based community school and each STEM school	33688
established under Chapter 3326. of the Revised Code an amount	33689
equal to $100 for each full-time equivalent pupil for assistance	33690
with the cost associated with facilities. If the amount	33691
appropriated is not sufficient, the Department of Education shall	33692
prorate the amounts so that the aggregate amount appropriated is	33693
not exceeded.	33694

Sec. 263.325. (A) The Straight A Program is hereby created	33695
for fiscal years 2014 and 2015 to provide grants to city, local,	33696
exempted village, and joint vocational school districts,	33697
educational service centers, community schools established under	33698
Chapter 3314., STEM schools established under Chapter 3326.,	33699
college-preparatory boarding schools established under Chapter	33700
3328. of the Revised Code, individual school buildings, education	33701
consortia (which may represent a partnership among school	33702
districts, school buildings, community schools, or STEM schools),	33703
institutions of higher education, and private entities partnering	33704
with one or more of the educational entities identified in this	33705
division for projects that aim to achieve significant advancement	33706
in one or more of the following goals:	33707

(1) Student achievement;

33708

(2) Spending reduction in the five-year fiscal forecast	33709
required under section 5705.391 of the Revised Code;	33710

(3) Utilization of a greater share of resources in the	33711
classroom.	33712

(B)(1) Grants shall be awarded by a nine-member governing	33713
board consisting of the Superintendent of Public Instruction, or	33714
the Superintendent's designee, four members appointed by the	33715
Governor, two members appointed by the Speaker of the House of	33716
Representatives, and two members appointed by the President of the	33717
Senate. The Department of Education shall provide administrative	33718
support to the board. No member shall be compensated for the	33719
member's service on the board.	33720

(2) The board shall select grant advisors with fiscal	33721
expertise and education expertise. These advisors shall evaluate	33722
proposals from grant applicants and advise the staff administering	33723
the program. No advisor shall be compensated for this service.	33724

(3) The board shall issue an annual report to the Governor,	33725
the Speaker of the House of Representatives, the President of the	33726
Senate, and the chairpersons of the House and Senate committees	33727
that primarily deal with education regarding the types of grants	33728
awarded, the grant recipients, and the effectiveness of the grant	33729
program.	33730

(4) The board shall create a grant application and publish on	33731
the Department's web site the application and timeline for the	33732
submission, review, notification, and awarding of grant proposals.	33733

(5) With the approval of the board, the Department shall	33734
establish a system for evaluating and scoring the grant	33735
applications received under this section.	33736

(C) Each grant applicant shall submit a proposal that	33737
includes all of the following:	33738

(1) A description of the project for which the applicant is	33739
seeking a grant, including a description of how the project will	33740
have substantial value and lasting impact;	33741

(2) An explanation of how the project will be	33742
self-sustaining. If the project will result in increased ongoing	33743
spending, the applicant shall show how the spending will be offset	33744
by verifiable, credible, permanent spending reductions.	33745

(3) A description of quantifiable results of the project that	33746
can be benchmarked.	33747

If an education consortia described in division (A) of this	33748
section applies for a grant, the lead applicant shall be the	33749
school district, school building, community school, or STEM school	33750
that is a member of the consortia and shall so indicate on the	33751
grant application.	33752

(D)(1) Within seventy-five days after receiving a grant	33753
application, the board shall issue a decision on the application	33754
of "yes," "no," "hold," or "edit." In making its decision, the	33755
board shall consider whether the project has the capability of	33756
being replicated in other school districts and schools or creates	33757
something that can be used in other districts and schools. A grant	33758
awarded under this section to a school district, educational	33759
service center, community school, STEM school, college-preparatory	33760
boarding school, individual school building, institution of higher	33761
education, or private entity partnering with one or more of the	33762
educational entities identified in division (A) of this section	33763
shall not exceed $5,000,000 in each fiscal year. A grant awarded	33764
to an education consortia shall not exceed $15,000,000 in each	33765
fiscal year. The Superintendent of Public Instruction may make	33766
recommendations to the Controlling Board that these maximum	33767
amounts be exceeded. Upon Controlling Board approval, grants may	33768
be awarded in excess of these amounts.	33769

(2) If the board issues a "hold" or "edit" decision for an	33770
application, it shall, upon returning the application to the	33771
applicant, specify the process for reconsideration of the	33772
application. An applicant may work with the grant advisors and	33773
staff to modify or improve a grant application.	33774

(E) Upon deciding to award a grant to an applicant, the board	33775
shall enter into a grant agreement with the applicant that	33776
includes all of the following:	33777

(1) The content of the applicant's proposal as outlined under	33778
division (C) of this section;	33779

(2) The project's deliverables and a timetable for their	33780
completion;	33781

(3) Conditions for receiving grant funding;

33782

(4) Conditions for receiving funding in future years if the	33783
contract is a multi-year contract;	33784

(5) A provision specifying that funding will be returned to	33785
the board if the applicant fails to implement the agreement, as	33786
determined by the Auditor of State.	33787

(6) A provision specifying that the agreement may be amended	33788
by mutual agreement between the board and the applicant.	33789

(F) An advisory committee for the Straight A Program is	33790
hereby established. The committee shall consist of not more than	33791
eleven members appointed by the Governor that represent all areas	33792
of the state and different interests. The committee shall annually	33793
review the Straight A Program and provide strategic advice to the	33794
governing board and the Director of the Governor's Office of 21st	33795
Century Education.	33796

(G) Each grant awarded under this section shall be subject to	33797
approval by the Controlling Board prior to execution of the grant	33798
agreement.	33799

(H) Notwithstanding Section 503.50 of Am. Sub. H.B. 59 of the	33800
130th General Assembly, grants awarded under this section may be	33801
used by grant recipients for grant-related expenses incurred for a	33802
period not to exceed two years from the date of the award	33803
according to guidelines established by the Straight A Fund	33804
governing board.	33805

Sec. 275.10. EPA ENVIRONMENTAL PROTECTION AGENCY

33806

General Revenue Fund	33807

GRF	715502		Auto Emissions e-Check Program		$	10,923,093		$	10,923,093		33808
TOTAL GRF General Revenue Fund					$	10,923,093		$	10,923,093		33809

General Services Fund Group	33810

1990	715602	Laboratory Services	$	252,153	$	326,029	33811
2190	715604	Central Support Indirect	$	10,255,680	$	10,255,680	33812
4A10	715640	Operating Expenses	$	2,600,000	$	2,602,000	33813
4D50	715618	Recycled State Materials	$	50,000	$	50,000	33814
TOTAL GSF General Services							33815
Fund Group			$	13,157,833	$	13,233,709	33816

Federal Special Revenue Fund Group	33817

3530	715612	Public Water Supply	$	2,562,578	$	2,474,605	33818
3540	715614	Hazardous Waste Management - Federal	$	4,088,383	$	4,088,383	33819
3570	715619	Air Pollution Control - Federal	$	6,310,203	$	6,310,203	33820
3620	715605	Underground Injection Control - Federal	$	111,874	$	111,874	33821
3BU0	715684	Water Quality Protection	$	16,205,000	$	15,280,000	33822
3CS0	715688	Federal NRD Settlements	$	200,000	$	200,000	33823
3F20	715630	Revolving Loan Fund - Operating	$	832,543	$	1,114,543	33824
3F30	715632	Federally Supported Cleanup and Response	$	3,012,021	$	3,012,991	33825
3FH0	715693	Diesel Emission Reduction Grants	$	10,000,000	$	~~10,000,000~~ 2,500,000	33826
3T30	715669	Drinking Water State Revolving Fund	$	2,609,198	$	2,824,076	33827
3V70	715606	Agencywide Grants	$	600,000	$	600,000	33828
TOTAL FED Federal Special Revenue							33829
Fund Group			$	46,531,800	$	~~46,016,675~~ 38,516,675	33830

State Special Revenue Fund Group	33831

4J00	715638	Underground Injection Control	$	389,126	$	402,697	33832
4K20	715648	Clean Air - Non Title V	$	3,165,400	$	3,237,450	33833
4K30	715649	Solid Waste	$	15,685,342	$	16,330,873	33834
4K40	715650	Surface Water Protection	$	6,993,800	$	7,688,800	33835
4K40	715686	Environmental Laboratory Services	$	2,096,007	$	2,096,007	33836
4K50	715651	Drinking Water Protection	$	6,316,772	$	6,476,011	33837
4P50	715654	Cozart Landfill	$	100,000	$	100,000	33838
4R50	715656	Scrap Tire Management	$	1,059,378	$	1,070,532	33839
4R90	715658	Voluntary Action Program	$	916,690	$	945,195	33840
4T30	715659	Clean Air - Title V Permit Program	$	14,528,885	$	15,080,366	33841
4U70	715660	Construction and Demolition Debris	$	335,000	$	335,000	33842
5000	715608	Immediate Removal Special Account	$	660,033	$	660,293	33843
5030	715621	Hazardous Waste Facility Management	$	7,615,403	$	8,224,041	33844
5050	715623	Hazardous Waste Cleanup	$	14,528,609	$	14,933,345	33845
5050	715674	Clean Ohio Environmental Review	$	108,104	$	108,104	33846
5320	715646	Recycling and Litter Control	$	4,514,500	$	4,535,500	33847
5410	715670	Site Specific Cleanup	$	1,548,101	$	1,548,101	33848
5420	715671	Risk Management Reporting	$	208,936	$	214,826	33849
5860	715637	Scrap Tire Market Development	$	1,497,645	$	1,497,645	33850
5BC0	715617	Clean Ohio	$	611,455	$	611,455	33851
5BC0	715622	Local Air Pollution Control	$	2,297,980	$	2,297,980	33852
5BC0	715624	Surface Water	$	9,614,974	$	9,614,974	33853
5BC0	715672	Air Pollution Control	$	5,684,758	$	5,684,758	33854
5BC0	715673	Drinking and Ground Water	$	4,863,521	$	4,863,521	33855
5BC0	715676	Assistance and Prevention	$	695,069	$	695,069	33856
5BC0	715677	Laboratory	$	1,358,586	$	1,558,586	33857
5BC0	715678	Corrective Actions	$	705,423	$	705,423	33858
5BC0	715687	Areawide Planning Agencies	$	450,000	$	450,000	33859
5BC0	715692	Administration	$	10,582,627	$	10,582,627	33860
5BC0	715694	Environmental Resource Coordination	$	170,000	$	170,000	33861
5BT0	715679	C&DD Groundwater Monitoring	$	203,800	$	203,800	33862
5CD0	715682	Clean Diesel School Buses	$	475,000	$	475,000	33863
5H40	715664	Groundwater Support	$	128,212	$	223,212	33864
5Y30	715685	Surface Water Improvement	$	1,800,000	$	1,800,000	33865
6440	715631	Emergency Response Radiological Safety	$	284,266	$	290,674	33866
6600	715629	Infectious Waste Management	$	88,764	$	88,764	33867
6760	715642	Water Pollution Control Loan Administration	$	3,921,605	$	3,921,605	33868
6780	715635	Air Toxic Release	$	133,636	$	133,636	33869
6790	715636	Emergency Planning	$	2,623,252	$	2,623,252	33870
6960	715643	Air Pollution Control Administration	$	1,100,000	$	1,125,000	33871
6990	715644	Water Pollution Control Administration	$	345,000	$	345,000	33872
6A10	715645	Environmental Education	$	1,350,000	$	1,350,000	33873
TOTAL SSR State Special Revenue Fund Group			$	131,755,659	$	135,299,122	33874

Clean Ohio Conservation Fund Group	33875

5S10	715607	Clean Ohio - Operating	$	284,124	$	284,124	33876
TOTAL CLF Clean Ohio Conservation Fund Group			$	284,124	$	284,124	33877
TOTAL ALL BUDGET FUND GROUPS			$	202,652,509	$	~~205,756,723~~ 198,256,723	33878

AREAWIDE PLANNING AGENCIES

33879

The Director of Environmental Protection Agency may award	33880
grants from appropriation item 715687, Areawide Planning Agencies,	33881
to areawide planning agencies engaged in areawide water quality	33882
management and planning activities in accordance with Section 208	33883
of the "Federal Clean Water Act," 33 U.S.C. 1288.	33884

CASH TRANSFERS

33885

On July 1, 2013, or as soon as possible thereafter, the	33886
Director of Budget and Management may transfer up to $11,400,000	33887
cash from the Hazardous Waste Management Fund (Fund 5030) to the	33888
Hazardous Waste Cleanup Fund (Fund 5050) to support closure and	33889
corrective action programs that were transferred to the Division	33890
of Environmental Response and Revitalization.	33891

On July 1, 2013, or as soon as possible thereafter, the	33892
Director of Environmental Protection shall certify to the Director	33893
of Budget and Management the cash balance in the Dredge and Fill	33894
Fund (Fund 5N20). The Director of Budget and Management shall	33895
transfer the certified amount from Fund 5N20 to the Surface Water	33896
Protection Fund (Fund 4K40). Any existing encumbrances against	33897
appropriation item 715613, Dredge and Fill, shall be canceled and	33898
reestablished against appropriation item 715650, Surface Water	33899
Protection. The reestablished encumbrance amounts are hereby	33900
appropriated and Fund 5N20 is abolished.	33901

Sec. 282.10. FCC OHIO FACILITIES CONSTRUCTION COMMISSION

33902

General Revenue Fund	33903

GRF	230401	Lease Rental Payments - Cultural Facilities	$	33,106,400	$	29,854,500	33904
GRF	230458	State Construction Management Services	$	2,495,751	$	2,245,751	33905
GRF	230908	Common Schools General Obligation Debt Service	$	~~351,806,100~~ 332,506,100	$	~~377,364,700~~ 358,364,700	33906
TOTAL GRF General Revenue Fund			$	~~387,408,251~~ 368,108,251	$	~~409,464,951~~ 390,464,951	33907

General Services Fund Group	33908

1310	230639		State Construction Management Operations		$	9,463,342		$	9,463,342		33909
TOTAL GSF General Services Fund Group					$	9,463,342		$	9,463,342		33910

State Special Revenue Fund Group	33911

4T80	230603	Community Project Administration	$	200,000	$	200,000	33912
5E30	230644	Operating Expenses	$	8,550,000	$	8,550,000	33913
TOTAL SSR State Special Revenue							33914
Fund Group			$	8,750,000	$	8,750,000	33915
TOTAL ALL BUDGET FUND GROUPS			$	~~405,621,593~~ 386,321,593	$	~~427,678,293~~ 408,678,293	33916

Sec. 282.30. COMMUNITY PROJECT ADMINISTRATION

33918

The foregoing appropriation item 230603, Community Project	33919
Administration, shall be used by the Ohio Facilities Construction	33920
Commission in administering Cultural and Sports Facilities	33921
Building Fund (Fund 7030) projects pursuant to section 123.201 of	33922
the Revised Code.	33923

TRANSFERS TO CULTURAL FACILITIES ADMINISTRATION FUND

33924

By the tenth day following each calendar quarter in each	33925
fiscal year, or as soon as possible thereafter, the Director of	33926
Budget and Management shall determine the amount of cash, if any,	33927
to be transferred from the Cultural and Sports Facilities Building	33928
Fund (Fund 7030) to the Cultural Facilities Administration Fund	33929
(Fund 4T80).	33930

As soon as possible after each bond issuance made on behalf	33931
of the Facilities Construction Commission, the Director of Budget	33932
and Management shall determine the amount of cash, if any, from	33933
the bond proceeds to be transferred, after all issuance costs have	33934
been paid, from Fund 7030 to Fund 4T80.	33935

Sec. 285.10. DOH DEPARTMENT OF HEALTH

33936

General Revenue Fund	33937

GRF	440412	Cancer Incidence Surveillance System	$	600,000	$	600,000	33938
GRF	440413	Local Health Departments	$	823,061	$	823,061	33939
GRF	440416	Mothers and Children Safety Net Services	$	4,428,015	$	4,428,015	33940
GRF	440418	Immunizations	$	8,825,829	$	8,825,829	33941
GRF	440431	Free Clinics Safety Net Services	$	437,326	$	437,326	33942
GRF	440438	Breast and Cervical Cancer Screening	$	823,217	$	823,217	33943
GRF	440444	AIDS Prevention and Treatment	$	5,842,315	$	5,842,315	33944
GRF	440451	Public Health Laboratory	$	3,655,449	$	~~3,655,449~~ 4,305,449	33945
GRF	440452	Child and Family Health Services Match	$	630,444	$	630,444	33946
GRF	440453	Health Care Quality Assurance	$	4,874,361	$	4,874,361	33947
GRF	440454	Environmental Health	$	1,194,634	$	1,194,634	33948
GRF	440459	Help Me Grow	$	33,673,987	$	33,673,987	33949
GRF	440465	Federally Qualified Health Centers	$	2,686,688	$	2,686,688	33950
GRF	440467	Access to Dental Care	$	540,484	$	540,484	33951
GRF	440468	Chronic Disease and Injury Prevention	$	2,447,251	$	2,447,251	33952
GRF	440472	Alcohol Testing	$	1,100,000	$	1,100,000	33953
GRF	440473	Tobacco Prevention and Cessation	$	1,050,000	$	1,050,000	33954
GRF	440474	Infant Vitality	$	3,116,688	$	3,116,688	33955
GRF	440505	Medically Handicapped Children	$	7,512,451	$	7,512,451	33956
GRF	440507	Targeted Health Care Services Over 21	$	1,045,414	$	1,045,414	33957
GRF	654453	Medicaid - Health Care Quality Assurance	$	3,300,000	$	3,300,000	33958
TOTAL GRF General Revenue Fund			$	88,607,614	$	~~88,607,614~~ 89,257,614	33959

State Highway Safety Fund Group	33960

4T40	440603	Child Highway Safety	$	233,894	$	233,894	33961
TOTAL HSF State Highway Safety							33962
Fund Group			$	233,894	$	233,894	33963

General Services Fund Group	33964

1420	440646	Agency Health Services	$	820,998	$	820,998	33965
2110	440613	Central Support Indirect Costs	$	30,615,591	$	~~31,052,469~~ 30,052,469	33966
4730	440622	Lab Operating Expenses	$	5,000,000	$	5,000,000	33967
6980	440634	Nurse Aide Training	$	99,265	$	99,265	33968
TOTAL GSF General Services							33969
Fund Group			$	36,535,854	$	~~36,972,732~~ 35,972,732	33970

Federal Special Revenue Fund Group	33971

3200	440601	Maternal Child Health Block Grant	$	23,889,057	$	23,889,057	33972
3870	440602	Preventive Health Block Grant	$	6,000,000	$	6,000,000	33973
3890	440604	Women, Infants, and Children	$	250,000,000	$	250,000,000	33974
3910	440606	Medicare Survey and Certification	$	19,449,282	$	19,961,405	33975
3920	440618	Federal Public Health Programs	$	134,546,304	$	135,140,586	33976
3GD0	654601	Medicaid Program Support	$	21,126,014	$	22,392,094	33977
TOTAL FED Federal Special Revenue							33978
Fund Group			$	455,010,657	$	457,383,142	33979

State Special Revenue Fund Group	33980

4700	440647	Fee Supported Programs	$	25,305,250	$	25,613,586	33981
4710	440619	Certificate of Need	$	878,433	$	878,433	33982
4770	440627	Medically Handicapped Children Audit	$	3,692,703	$	3,692,703	33983
4D60	440608	Genetics Services	$	3,311,039	$	3,311,039	33984
4F90	440610	Sickle Cell Disease Control	$	1,032,824	$	1,032,824	33985
4G00	440636	Heirloom Birth Certificate	$	5,000	$	5,000	33986
4G00	440637	Birth Certificate Surcharge	$	5,000	$	5,000	33987
4L30	440609	HIV Care and Miscellaneous Expenses	$	8,333,164	$	8,333,164	33988
4P40	440628	Ohio Physician Loan Repayment	$	476,870	$	476,870	33989
4V60	440641	Save Our Sight	$	2,255,789	$	2,255,789	33990
5B50	440616	Quality, Monitoring, and Inspection	$	878,997	$	878,997	33991
5CN0	440645	Choose Life	$	75,000	$	75,000	33992
5D60	440620	Second Chance Trust	$	1,151,902	$	1,151,902	33993
5ED0	440651	Smoke Free Indoor Air	$	250,000	$	250,000	33994
5G40	440639	Adoption Services	$	20,000	$	20,000	33995
5PE0	440659	Breast and Cervical Cancer Services	$	0	$	100,000	33996
5Z70	440624	Ohio Dentist Loan Repayment	$	140,000	$	140,000	33997
6100	440626	Radiation Emergency Response	$	1,049,954	$	1,086,098	33998
6660	440607	Medically Handicapped Children - County Assessments	$	19,739,617	$	19,739,617	33999
TOTAL SSR State Special Revenue							34000
Fund Group			$	68,601,542	$	~~68,946,022~~ 69,046,022	34001

Holding Account Redistribution Fund Group	34002

R014	440631	Vital Statistics	$	44,986	$	44,986	34003
R048	440625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	34004
TOTAL 090 Holding Account							34005
Redistribution Fund Group			$	64,986	$	64,986	34006

Tobacco Master Settlement Agreement Fund Group	34007

5BX0	440656	Tobacco Use Prevention	$	1,450,000	$	~~1,450,000~~ 6,350,000	34008
TOTAL TSF Tobacco Master Settlement Agreement Fund Group			$	1,450,000	$	~~1,450,000~~ 6,350,000	34009
TOTAL ALL BUDGET FUND GROUPS			$	650,504,547	$	~~653,658,390~~ 658,308,390	34010

Sec. 285.20. MOTHERS AND CHILDREN SAFETY NET SERVICES

34012

Of the foregoing appropriation item 440416, Mothers and	34013
Children Safety Net Services, $200,000 in each fiscal year shall	34014
be used to assist families with hearing impaired children under	34015
twenty-one years of age in purchasing hearing aids. The Director	34016
of Health shall adopt rules governing the distribution of these	34017
funds, including rules that do both of the following: (1)	34018
establish eligibility criteria to include families with incomes at	34019
or below four hundred per cent of the federal poverty guidelines	34020
as defined in section 5101.46 of the Revised Code, and (2) develop	34021
a sliding scale of disbursements under this section based on	34022
family income. The Director may adopt other rules as necessary to	34023
implement this section. Rules adopted under this section shall be	34024
adopted in accordance with Chapter 119. of the Revised Code.	34025

The Department shall disburse all of the funds appropriated	34026
under this section.	34027

HIV/AIDS PREVENTION/TREATMENT

34028

The foregoing appropriation item 440444, AIDS Prevention and	34029
Treatment, shall be used to assist persons with HIV/AIDS in	34030
acquiring HIV-related medications and to administer educational	34031
prevention initiatives.	34032

PUBLIC HEALTH LABORATORY

34033

A portion of the foregoing appropriation item 440451, Public	34034
Health Laboratory, shall be used for coordination and management	34035
of prevention program operations and the purchase of drugs for	34036
sexually transmitted diseases.	34037

HELP ME GROW

34038

The foregoing appropriation item 440459, Help Me Grow, shall	34039
be used by the Department of Health to implement the Help Me Grow	34040
Program. Funds shall be distributed to counties through	34041
agreements, contracts, grants, or subsidies in accordance with	34042
section 3701.61 of the Revised Code. Appropriation item 440459,	34043
Help Me Grow, may be used in conjunction with other early	34044
childhood funds and services to promote the optimal development of	34045
young children and family-centered programs and services that	34046
acknowledge and support the social, emotional, cognitive,	34047
intellectual, and physical development of children and the vital	34048
role of families in ensuring the well-being and success of	34049
children. The Department of Health shall enter into interagency	34050
agreements with the Department of Education, Department of	34051
Developmental Disabilities, Department of Job and Family Services,	34052
and Department of Mental Health and Addiction Services to ensure	34053
that all early childhood programs and initiatives are coordinated	34054
and school linked.	34055

The foregoing appropriation item 440459, Help Me Grow, may	34056
also be used for the Developmental Autism and Screening Program.	34057

INFANT VITALITY

34058

The foregoing appropriation item 440474, Infant Vitality,	34059
shall be used to fund the following projects, which are hereby	34060
created:	34061

(A) The Infant Safe Sleep Campaign to educate parents and	34062
caregivers with a uniform message regarding safe sleep	34063
environments;	34064

(B) The Progesterone Prematurity Prevention Project to enable	34065
prenatal care providers to identify, screen, treat, and track	34066
outcomes for women eligible for progesterone supplementation; and	34067

(C) The Prenatal Smoking Cessation Project to enable prenatal	34068
care providers who work with women of reproductive age, including	34069
pregnant women, to have the tools, training, and technical	34070
assistance needed to treat smokers effectively.	34071

CENTERINGPREGNANCY PILOT PROGRAM

34072

On July 1, 2014, or as soon as possible thereafter, the	34073
Director of Budget and Management shall transfer $1,600,000 cash	34074
from the unallocated and unencumbered portion of the Health Care	34075
Grants-Federal Fund (Fund 3FA0) used by the Department of Medicaid	34076
to the Prenatal Group Health Care Pilot Program Fund used by the	34077
Department of Health, which is hereby created. The transferred	34078
moneys are hereby appropriated.	34079

The transferred moneys shall be used to implement the	34080
CenteringPregnancy model of care and the University of Cincinnati	34081
Social Determinants Program developed by the Centering Healthcare	34082
Institute and the University of Cincinnati Division of Community	34083
Women's Health in a three-year pilot program at four federally	34084
qualified health centers. Each federally qualified health center	34085
or look-alike selected by the Director of Health to operate the	34086
pilot program shall receive $200,000. The Ohio Association of	34087
Community Health Centers shall receive $100,000 and the University	34088
of Cincinnati Social Determinants Program Division of Community	34089
Women's Health shall receive $600,000. The Department of Health	34090
shall retain $100,000 to implement the program.	34091

TARGETED HEALTH CARE SERVICES OVER 21

34092

The foregoing appropriation item 440507, Targeted Health Care	34093
Services Over 21, shall be used to administer the Cystic Fibrosis	34094
Program and to implement the Hemophilia Insurance Premium Payment	34095
Program.	34096

The foregoing appropriation item 440507, Targeted Health Care	34097
Services Over 21, shall also be used to provide essential	34098
medications and to pay the copayments for drugs approved by the	34099
Department of Health and covered by Medicare Part D that are	34100
dispensed to Bureau for Children with Medical Handicaps (BCMH)	34101
participants for the Cystic Fibrosis Program.	34102

The Department shall expend all of these funds.

34103

CASH TRANSFERS TO THE MEDICAID FUND

34104

On July 1, 2013, or as soon as possible thereafter, the	34105
Director of Health shall certify to the Director of Budget and	34106
Management the cash balance relating to Medicaid restructuring in	34107
the following funds, all used by the Department of Health: the	34108
General Operations Fund (Fund 4700); the General Operations Fund	34109
(Fund 1420); the General Operations Fund (Fund 3920); and the	34110
Medicaid/Medicare Fund (Fund 3910). Upon receiving this	34111
certification, the Director of Budget and Management may transfer	34112
the amount certified to the Medicaid Fund (Fund 3GD0), used by the	34113
Department of Health. If this transfer occurs, the Director of	34114
Budget and Management shall cancel any existing encumbrances	34115
pertaining to Medicaid in appropriation items 440647, Fee	34116
Supported Programs, 440646, Agency Health Services, 440618,	34117
Federal Public Health Programs, and 440606, Medicare Survey and	34118
Certification, and reestablish them against appropriation item	34119
654601, Medicaid Program Support. The reestablished encumbrance	34120
amounts are hereby appropriated.	34121

GENETICS SERVICES

34122

The foregoing appropriation item 440608, Genetics Services	34123
(Fund 4D60), shall be used by the Department of Health to	34124
administer programs authorized by sections 3701.501 and 3701.502	34125
of the Revised Code. None of these funds shall be used to counsel	34126
or refer for abortion, except in the case of a medical emergency.	34127

MEDICALLY HANDICAPPED CHILDREN AUDIT

34128

The Medically Handicapped Children Audit Fund (Fund 4770)	34129
shall receive revenue from audits of hospitals and recoveries from	34130
third-party payers. Moneys may be expended for payment of audit	34131
settlements and for costs directly related to obtaining recoveries	34132
from third-party payers and for encouraging Medically Handicapped	34133
Children's Program recipients to apply for third-party benefits.	34134
Moneys also may be expended for payments for diagnostic and	34135
treatment services on behalf of medically handicapped children, as	34136
defined in division (A) of section 3701.022 of the Revised Code,	34137
and Ohio residents who are twenty-one or more years of age and who	34138
are suffering from cystic fibrosis or hemophilia. Moneys may also	34139
be expended for administrative expenses incurred in operating the	34140
Medically Handicapped Children's Program.	34141

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

34142

The foregoing appropriation item 440607, Medically	34143
Handicapped Children - County Assessments (Fund 6660), shall be	34144
used to make payments under division (E) of section 3701.023 of	34145
the Revised Code.	34146

CASH TRANSFER FROM THE PUBLIC HEALTH PRIORITIES TRUST FUND TO	34147
THE TOBACCO USE PREVENTION FUND	34148

On July 1, 2013, or as soon as possible thereafter, the	34149
Director of Budget and Management shall transfer $2,439,230 cash	34150
from the Public Health Priorities Trust Fund (Fund L087) to the	34151
Tobacco Use Prevention Fund (Fund 5BX0) to meet the operating	34152
needs of the Department of Health's tobacco enforcement and	34153
cessation efforts.	34154

CASH TRANSFER FROM THE PRE-SECURITIZATION TOBACCO PAYMENTS	34155
FUND TO THE TOBACCO USE PREVENTION FUND	34156

Notwithstanding Section 512.20 of Am. Sub. H.B. 487 of the	34157
129th General Assembly, on July 1, 2014, or as soon as possible	34158
thereafter, the Director of Budget and Management may transfer	34159
cash determined to be in excess of the tobacco enforcement needs	34160
of the Attorney General from the Pre-Securitization Tobacco	34161
Payments Fund (Fund 5LS0) to the Tobacco Use Prevention Fund (Fund	34162
5BX0).	34163

Sec. 301.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

34164

General Revenue Fund	34165

GRF	600321	Program Support	$	31,320,964	$	31,109,751	34166
GRF	600410	TANF State/Maintenance of Effort	$	152,386,934	$	152,386,934	34167
GRF	600413	Child Care State/Maintenance of Effort	$	84,732,730	$	84,732,730	34168
GRF	600416	Information Technology Projects	$	54,223,871	$	54,184,700	34169
GRF	600420	Child Support Programs	$	6,498,667	$	6,591,048	34170
GRF	600421	Family Assistance Programs	$	3,161,930	$	3,161,930	34171
GRF	600423	Families and Children Programs	$	6,384,514	$	6,542,517	34172
GRF	600502	Child Support - Local	$	23,814,103	$	23,814,103	34173
GRF	600511	Disability Financial Assistance	$	22,000,000	$	22,000,000	34174
GRF	600521	Family Assistance - Local	$	41,132,751	$	41,132,751	34175
GRF	600523	Family and Children Services	$	54,255,323	$	~~54,255,323~~ 57,455,323	34176
GRF	600528	Adoption Services					34177
		State	$	28,623,389	$	28,623,389	34178
		Federal	$	38,202,557	$	38,202,557	34179
		Adoption Services Total	$	66,825,946	$	66,825,946	34180
GRF	600533	Child, Family, and Adult Community & Protective Services	$	13,500,000	$	13,500,000	34181
GRF	600534	Adult Protective Services	$	500,000	$	500,000	34182
GRF	600535	Early Care and Education	$	123,596,474	$	123,596,474	34183
GRF	600540	Food Banks	$	6,000,000	$	6,000,000	34184
GRF	600541	Kinship Permanency Incentive Program	$	3,500,000	$	3,500,000	34185
GRF	655522	Medicaid Program Support - Local	$	38,267,970	$	38,267,970	34186
GRF	655523	Medicaid Program Support - Local Transportation	$	30,680,495	$	30,680,495	34187
TOTAL GRF General Revenue Fund							34188
		State	$	724,580,115	$	~~724,580,115~~ 727,780,115	34189
		Federal	$	38,202,557	$	38,202,557	34190
		GRF Total	$	762,782,672	$	~~762,782,672~~ 765,982,672	34191

General Services Fund Group	34192

4A80	600658	Public Assistance Activities	$	34,000,000	$	34,000,000	34193
5DM0	600633	Administration & Operating	$	19,660,339	$	19,660,339	34194
5HC0	600695	Unemployment Compensation Interest	$	60,000,000	$	60,000,000	34195
5HL0	600602	State and County Shared Services	$	3,020,000	$	3,020,000	34196
TOTAL GSF General Services							34197
Fund Group			$	124,780,339	$	116,773,328	34198

Federal Special Revenue Fund Group	34199

3270	600606	Child Welfare	$	29,769,866	$	29,769,866	34200
3310	600615	Veterans Programs	$	8,000,000	$	8,000,000	34201
3310	600624	Employment Services Programs	$	26,000,000	$	26,000,000	34202
3310	600686	Workforce Programs	$	6,260,000	$	6,260,000	34203
3840	600610	Food Assistance Programs	$	209,333,246	$	180,381,394	34204
3850	600614	Refugee Services	$	12,564,952	$	12,564,952	34205
3950	600616	Federal Discretionary Grants	$	2,259,264	$	2,259,264	34206
3960	600620	Social Services Block Grant	$	47,000,000	$	47,000,000	34207
3970	600626	Child Support - Federal	$	235,000,000	$	235,000,000	34208
3980	600627	Adoption Program - Federal	$	174,178,779	$	174,178,779	34209
3A20	600641	Emergency Food Distribution	$	5,000,000	$	5,000,000	34210
3D30	600648	Children's Trust Fund Federal	$	3,477,699	$	3,477,699	34211
3F01	655624	Medicaid Program Support	$	110,680,495	$	110,680,495	34212
3H70	600617	Child Care Federal	$	241,987,805	$	222,212,089	34213
3N00	600628	Foster Care Program - Federal	$	311,968,616	$	311,968,616	34214
3S50	600622	Child Support Projects	$	534,050	$	534,050	34215
3V00	600688	Workforce Investment Act Programs	$	136,000,000	$	136,000,000	34216
3V40	600678	Federal Unemployment Programs	$	182,814,212	$	182,814,212	34217
3V40	600679	UC Review Commission - Federal	$	6,185,788	$	6,185,788	34218
3V60	600689	TANF Block Grant	$	777,957,809	$	790,304,845	34219
TOTAL FED Federal Special Revenue							34220
Fund Group			$	2,526,972,581	$	2,490,592,049	34221

State Special Revenue Fund Group	34222

1980	600647	Children's Trust Fund	$	5,873,848	$	5,873,848	34223
4A90	600607	Unemployment Compensation Administration Fund	$	9,006,000	$	~~9,006,000~~ 12,506,000	34224
4E70	600604	Family and Children Services Collections	$	400,000	$	400,000	34225
4F10	600609	Family and Children Activities	$	683,549	$	683,549	34226
5DB0	600637	Military Injury Relief Subsidies	$	2,000,000	$	2,000,000	34227
5DP0	600634	Adoption Assistance Loan	$	500,000	$	500,000	34228
5ES0	600630	Food Bank Assistance	$	500,000	$	500,000	34229
5KU0	600611	Unemployment Compensation Support - Other Sources	$	2,000,000	$	2,000,000	34230
5NG0	600660	Victims of Human Trafficking	$	100,000	$	100,000	34231
5U60	600663	Family and Children Support	$	4,000,000	$	4,000,000	34232
TOTAL SSR State Special Revenue							34233
Fund Group			$	25,063,397	$	~~25,063,397~~ 28,563,397	34234

Agency Fund Group	34235

1920	600646	Child Support Intercept - Federal	$	129,250,000	$	129,250,000	34236
5830	600642	Child Support Intercept - State	$	14,000,000	$	14,000,000	34237
5B60	600601	Food Assistance Intercept	$	1,000,000	$	1,000,000	34238
TOTAL AGY Agency Fund Group			$	144,250,000	$	144,250,000	34239

Holding Account Redistribution Fund Group	34240

R012	600643	Refunds and Audit Settlements	$	2,200,000	$	2,200,000	34241
R013	600644	Forgery Collections	$	10,000	$	10,000	34242
TOTAL 090 Holding Account Redistribution Fund Group			$	2,210,000	$	2,210,000	34243
TOTAL ALL BUDGET FUND GROUPS			$	3,586,058,989	$	~~3,541,671,446~~ 3,548,371,446	34244

Sec. 301.33. BIG BROTHERS BIG SISTERS

34246

Of the foregoing appropriation item 600410, TANF	34247
State/Maintenance of Effort, $1,000,000 in each fiscal year shall	34248
be provided, in accordance with sections 5101.80 and 5101.801 of	34249
the Revised Code, to Big Brothers Big Sisters of Central Ohio to	34250
provide mentoring services to children of incarcerated parents	34251
throughout the state. Upon the request of the Director of Job and	34252
Family Services, the Director of Budget and Management may	34253
transfer any amount of this earmark that remains unspent at the	34254
end of fiscal year 2014 to fiscal year 2015. Any amount	34255
transferred is hereby reappropriated to appropriation item 600410,	34256
TANF State/Maintenance of Effort, for the same purpose in fiscal	34257
year 2015.	34258

Sec. 301.40. COUNTY ADMINISTRATIVE FUNDS

34259

(A) The foregoing appropriation item 600521, Family	34260
Assistance - Local, may be provided to county departments of job	34261
and family services to administer food assistance and disability	34262
assistance programs.	34263

(B) The foregoing appropriation item 655522, Medicaid Program	34264
Support - Local, may be provided to county departments of job and	34265
family services to administer the Medicaid program and the State	34266
Children's Health Insurance program.	34267

(C) At the request of the Director of Job and Family	34268
Services, the Director of Budget and Management may transfer	34269
appropriations between appropriation item 600521, Family	34270
Assistance - Local, and appropriation item 655522, Medicaid	34271
Program Support - Local, in order to ensure county administrative	34272
funds are expended from the proper appropriation item.	34273

(D) If receipts credited to the Medicaid Program Support Fund	34274
(Fund 3F01) and the Supplemental Nutrition Assistance Program Fund	34275
(Fund 3840) exceed the amounts appropriated, the Director of Job	34276
and Family Services shall request the Director of Budget and	34277
Management to authorize expenditures from those funds in excess of	34278
the amounts appropriated. Upon approval of the Director of Budget	34279
and Management, the additional amounts are hereby appropriated.	34280

Sec. 301.143. CHILDREN'S CRISIS CARE FACILITIES

34281

Of the foregoing appropriation item 600523, Family and	34282
Children Services, $150,000 in each fiscal year shall be provided	34283
to children's crisis care facilities, as defined in section	34284
5103.13 of the Revised Code. The Director of Job and Family	34285
Services shall allocate funds based on the number of children at	34286
each facility. A children's crisis care facility may decline to	34287
receive funds provided for under this section. A children's crisis	34288
care facility that accepts funds provided under this section shall	34289
use the funds in accordance with section 5103.13 of the Revised	34290
Code and rules in section 5101:2-9-36 of the Administrative Code.	34291

STATE CHILD PROTECTION ALLOCATION

34292

Of the foregoing appropriation item 600523, Family and	34293
Children Services, up to $3,200,000 shall be used to match	34294
eligible federal Title IV-B ESSA funds and federal Title IV-E	34295
Chafee funds allocated to public children services agencies.	34296

(A) The Ohio Department of Job and Family Services shall	34297
implement and oversee use of a Child Placement Level of Care Tool	34298
on a pilot basis. The Department shall implement the pilot program	34299
in up to ten counties selected by the Department and shall include	34300
the county and at least one private child placing agency or	34301
private noncustodial agency. The pilot program shall be developed	34302
with the participating counties and agencies and must be	34303
acceptable to all participants. A selected county or agency must	34304
agree to participate in the pilot program.	34305

(B) The pilot program shall begin not later than one hundred	34306
eighty days after the effective date of this section and end not	34307
later than eighteen months after the date the pilot program	34308
begins. The length of the pilot program shall not include any time	34309
expended in preparation for implementation or any post-pilot	34310
program evaluation activity.	34311

(C)(1) In accordance with sections 125.01 to 125.11 of the	34312
Revised Code, the Ohio Department of Job and Family Services shall	34313
provide for an independent evaluation of the pilot program to rate	34314
the program's success in the following areas:	34315

(a) Placement stability, length of stay, and other outcomes	34316
for children;	34317

(b) Cost;

34318

34319

(d) Any other criteria the Department determines will be	34320
useful in the consideration of statewide implementation.	34321

(2) The evaluation design shall include:

34322

(a) A comparison of data to historical outcomes or control	34323
counties;	34324

(b) A prospective data evaluation in each of the pilot	34325
counties.	34326

(D) The Ohio Department of Job and Family Services may adopt	34327
rules in accordance with Chapter 119. of the Revised Code as	34328
necessary to carry out the purposes of this section. The	34329
Department shall seek maximum federal financial participation to	34330
support the pilot program and the evaluation.	34331

(E) Notwithstanding division (E) of section 5101.141 of the	34332
Revised Code, the Department of Job and Family Services shall seek	34333
state funding to implement the Child Placement Level of Care Tool	34334
pilot program described in this section and to contract for the	34335
independent evaluation of the pilot program.	34336

(F) As used in this section, "Child Placement Level of Care	34337
Tool" means an assessment tool to be used by participating	34338
counties and agencies to assess a child's placement needs when a	34339
child must be removed from the child's own home and cannot be	34340
placed with a relative or kin not certified as a foster caregiver	34341
that includes assessing a child's functioning, needs, strengths,	34342
risk behaviors, and exposure to traumatic experiences.	34343

Sec. 327.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	34344
SERVICES	34345

General Revenue Fund	34346

GRF	333321	Central Administration	$	13,495,337	$	13,486,290	34347
GRF	333402	Resident Trainees	$	450,000	$	450,000	34348
GRF	333415	Lease-Rental Payments	$	~~15,843,300~~ 14,743,300	$	16,076,700	34349
GRF	333416	Research Program Evaluation	$	321,998	$	321,998	34350
GRF	334412	Hospital Services	$	190,514,437	$	190,514,437	34351
GRF	334506	Court Costs	$	784,210	$	784,210	34352
GRF	335405	Family & Children First	$	1,386,000	$	1,386,000	34353
GRF	335406	Prevention and Wellness	$	868,659	$	868,659	34354
GRF	335421	Continuum of Care Services	$	77,733,742	$	77,633,742	34355
GRF	335422	Criminal Justice Services	$	4,917,898	$	4,917,898	34356
GRF	335504	Community Innovations	$	6,500,000	$	1,500,000	34357
GRF	335506	Residential State Supplement	$	7,502,875	$	7,502,875	34358
GRF	335507	Community Behavioral Health	$	47,500,000	$	47,500,000	34359
GRF	652507	Medicaid Support	$	1,727,553	$	1,736,600	34360
TOTAL GRF General Revenue Fund			$	~~369,546,009~~ 368,446,009	$	364,679,409	34361

General Services Fund Group	34362

1490	333609	Central Office Operating	$	1,343,190	$	1,343,190	34363
5T90	333641	Problem Gambling Services - Administration	$	60,000	$	60,000	34364
1490	334609	Hospital - Operating Expenses	$	28,190,000	$	~~28,190,000~~ 30,190,000	34365
1500	334620	Special Education	$	150,000	$	150,000	34366
4P90	335604	Community Mental Health Projects	$	250,000	$	250,000	34367
5T90	335641	Problem Gambling Services	$	275,000	$	275,000	34368
1510	336601	Office of Support Services	$	115,000,000	$	~~115,000,000~~ 90,000,000	34369
TOTAL GSF General Services Fund Group			$	145,268,190	$	~~145,268,190~~ 122,268,190	34370

Federal Special Revenue Fund Group	34371

3240	333605	Medicaid/Medicare - Refunds	$	154,500	$	154,500	34372
3A60	333608	Federal Miscellaneous - Administration	$	140,000	$	140,000	34373
3A70	333612	Social Services Block Grant - Administration	$	50,000	$	50,000	34374
3A80	333613	Federal Grants - Administration	$	4,717,000	$	4,717,000	34375
3A90	333614	Mental Health Block Grant - Administration	$	748,470	$	748,470	34376
3G40	333618	Substance Abuse Block Grant- Administration	$	3,307,789	$	3,307,789	34377
3H80	333606	Demonstration Grants - Administration	$	3,237,574	$	~~3,237,574~~ 6,000,000	34378
3N80	333639	Administrative Reimbursement	$	300,000	$	300,000	34379
3240	334605	Medicaid/Medicare - Hospitals	$	28,200,000	$	28,200,000	34380
3A60	334608	Federal Miscellaneous - Hospitals	$	200,000	$	200,000	34381
3A80	334613	Federal Letter of Credit	$	200,000	$	200,000	34382
3A60	335608	Federal Miscellaneous	$	2,170,000	$	2,170,000	34383
3A70	335612	Social Services Block Grant	$	8,400,000	$	8,400,000	34384
3A80	335613	Federal Grant - Community Mental Health Board Subsidy	$	2,500,000	$	~~2,500,000~~ 4,500,000	34385
3A90	335614	Mental Health Block Grant	$	14,200,000	$	14,200,000	34386
3FR0	335638	Race to the Top - Early Learning Challenge Grant	$	1,164,000	$	1,164,000	34387
3G40	335618	Substance Abuse Block Grant	$	62,542,003	$	62,557,967	34388
3H80	335606	Demonstration Grants	$	5,428,006	$	~~5,428,006~~ 11,000,000	34389
3B10	652635	Community Medicaid Legacy Costs	$	5,000,000	$	0 5,000,000	34390
3B10	652636	Community Medicaid Legacy Support	$	7,000,000	$	7,000,000	34391
3J80	652609	Medicaid Legacy Costs Support	$	3,000,000	$	0 3,000,000	34392
TOTAL FED Federal Special Revenue Fund Group			$	152,659,342	$	~~144,675,306~~ 163,009,726	34393

State Special Revenue Fund Group	34394

2320	333621	Family and Children First Administration	$	400,000	$	400,000	34395
4750	333623	Statewide Treatment and Prevention - Administration	$	5,490,667	$	5,490,667	34396
4850	333632	Mental Health Operating - Refunds	$	134,233	$	134,233	34397
5JL0	333629	Problem Gambling and Casino Addictions - Administration	$	1,361,592	$	1,361,592	34398
5V20	333611	Non-Federal Miscellaneous	$	100,000	$	100,000	34399
6890	333640	Education and Conferences	$	150,000	$	150,000	34400
4850	334632	Mental Health Operating - Hospitals	$	2,477,500	$	2,477,500	34401
4750	335623	Statewide Treatment and Prevention	$	10,059,333	$	10,059,333	34402
5AU0	335615	Behavioral Health Care	$	6,690,000	$	6,690,000	34403
5JL0	335629	Problem Gambling and Casino Addictions	$	4,084,772		4,084,772	34404
6320	335616	Community Capital Replacement	$	350,000	$	350,000	34405
TOTAL SSR State Special Revenue Fund Group			$	31,298,097	$	31,298,097	34406
TOTAL ALL BUDGET FUND GROUPS			$	~~698,771,638~~ 697,671,638	$	~~685,921,002~~ 681,255,422	34407

Sec. 327.83. COMMUNITY BEHAVIORAL HEALTH

34409

~~Of the foregoing appropriation item 335507, Community~~	34410
~~Behavioral Health, $30,000,000 in each fiscal year shall be~~	34411
~~allocated to community alcohol, drug addiction, and mental health~~	34412
~~services boards to provide mental health services.~~	34413

~~Of the foregoing appropriation item 335507, Community~~	34414
~~Behavioral Health, $17,500,000 in each fiscal year shall be~~	34415
~~allocated to community alcohol, drug addiction, and mental health~~	34416
~~services boards to be used for addiction services including~~	34417
~~medication, treatment programs, and counseling.~~	34418

The foregoing appropriation item 335507, Community Behavioral	34419
Health, shall be used to address gaps identified by the Department	34420
of Mental Health and Addiction Services in the continuum of care	34421
for persons with mental illness or addiction disorders, including	34422
access to crisis services.	34423

Of the foregoing appropriation item 335507, Community	34424
Behavioral Health, up to $6.5 million in fiscal year 2015 shall be	34425
used to expand evidence-based prevention resources statewide.	34426

Of the foregoing appropriation item 335507, Community	34427
Behavioral Health, $7.5 million in fiscal year 2015 shall be used	34428
to fund expansion and improvement of the Residential State	34429
Supplement Program.	34430

Of the foregoing appropriation item 335507, Community	34431
Behavioral Health, up to $5.0 million in fiscal year 2015 shall be	34432
used to expand access to recovery housing. "Recovery housing"	34433
means housing for individuals recovering from drug addiction that	34434
provides an alcohol and drug-free living environment, peer	34435
support, assistance with obtaining drug addiction services, and	34436
other drug addiction recovery assistance where the length of stay	34437
is not limited to a specific duration. Recovery housing does not	34438
include residential facilities subject to licensure pursuant to	34439
section 5119.34 of the Revised Code. Medication-assisted treatment	34440
may be allowed in recovery housing. Support for projects in	34441
counties of the state that do not currently have recovery housing	34442
stock shall be given priority. For expenditures that are capital	34443
in nature, the Department of Mental Health and Addiction Services	34444
shall develop procedures to administer these funds in a manner	34445
that is consistent with current community capital assistance	34446
projects process guidelines.	34447

The remainder of the foregoing appropriation item 335507,	34448
Community Behavioral Health, an amount up to $28.5 million, in	34449
fiscal year 2015 shall be invested in addiction and mental health	34450
recovery supports, with an emphasis on crisis and housing. These	34451
investments shall address gaps in the continuum of care and shall	34452
be identified and implemented in consultation with boards of	34453
mental health and recovery services.	34454

Sec. 333.10. DNR DEPARTMENT OF NATURAL RESOURCES

34455

General Revenue Fund	34456

GRF	725401	Wildlife-GRF Central Support	$	1,800,000	$	1,800,000	34457
GRF	725413	Lease Rental Payments	$	21,622,900	$	23,943,400	34458
GRF	725456	Canal Lands	$	135,000	$	135,000	34459
GRF	725502	Soil and Water Districts	$	2,900,000	$	2,900,000	34460
GRF	725505	Healthy Lake Erie Fund	$	650,000	$	500,000	34461
GRF	725507	Coal and Mine Safety Program	$	2,500,000	$	2,500,000	34462
GRF	725903	Natural Resources General Obligation Debt Service	$	24,325,400	$	~~25,443,000~~ 23,743,000	34463
GRF	727321	Division of Forestry	$	4,392,002	$	4,392,001	34464
GRF	729321	Office of Information Technology	$	177,405	$	177,405	34465
GRF	730321	Division of Parks and Recreation	$	30,000,000	$	30,000,000	34466
GRF	736321	Division of Engineering	$	2,279,115	$	2,324,736	34467
GRF	737321	Division of Soil and Water Resources	$	4,782,704	$	4,782,652	34468
GRF	738321	Division of Real Estate and Land Management	$	715,963	$	670,342	34469
GRF	741321	Division of Natural Areas and Preserves	$	1,200,000	$	1,200,000	34470
TOTAL GRF General Revenue Fund			$	97,480,489	$	~~100,768,536~~ 99,068,536	34471

General Services Fund Group	34472

1550	725601	Departmental Projects	$	2,109,968	$	1,839,204	34473
1570	725651	Central Support Indirect	$	4,609,154	$	4,671,566	34474
2040	725687	Information Services	$	5,179,097	$	5,288,168	34475
2050	725696	Human Resource Direct Service	$	2,474,345	$	2,526,662	34476
2070	725690	Real Estate Services	$	50,000	$	50,000	34477
2230	725665	Law Enforcement Administration	$	2,126,432	$	2,126,432	34478
2270	725406	Parks Projects Personnel	$	436,500	$	436,500	34479
4300	725671	Canal Lands	$	883,879	$	883,879	34480
4S90	725622	NatureWorks Personnel	$	404,657	$	412,570	34481
4X80	725662	Water Resources Council	$	138,005	$	138,005	34482
5100	725631	Maintenance - State-owned Residences	$	303,611	$	303,611	34483
5160	725620	Water Management	$	2,559,292	$	2,559,292	34484
6350	725664	Fountain Square Facilities Management	$	3,329,935	$	3,346,259	34485
6970	725670	Submerged Lands	$	852,982	$	869,145	34486
TOTAL GSF General Services							34487
Fund Group			$	25,457,857	$	25,451,293	34488

Federal Special Revenue Fund Group	34489

3320	725669	Federal Mine Safety Grant	$	265,000	$	265,000	34490
3B30	725640	Federal Forest Pass-Thru	$	500,000	$	500,000	34491
3B40	725641	Federal Flood Pass-Thru	$	500,000	$	500,000	34492
3B50	725645	Federal Abandoned Mine Lands	$	11,851,759	$	11,851,759	34493
3B60	725653	Federal Land and Water Conservation Grants	$	950,000	$	950,000	34494
3B70	725654	Reclamation - Regulatory	$	3,200,000	$	3,200,000	34495
3P10	725632	Geological Survey - Federal	$	933,448	$	557,146	34496
3P20	725642	Oil and Gas - Federal	$	234,509	$	234,509	34497
3P30	725650	Coastal Management - Federal	$	2,790,633	$	2,790,633	34498
3P40	725660	Federal - Soil and Water Resources	$	969,190	$	1,006,874	34499
3R50	725673	Acid Mine Drainage Abatement/Treatment	$	4,342,280	$	4,342,280	34500
3Z50	725657	Federal Recreation and Trails	$	1,850,000	$	1,850,000	34501
TOTAL FED Federal Special Revenue							34502
Fund Group			$	28,386,819	$	28,048,201	34503

State Special Revenue Fund Group	34504

4J20	725628	Injection Well Review	$	128,466	$	128,466	34505
4M70	725686	Wildfire Suppression	$	100,000	$	100,000	34506
4U60	725668	Scenic Rivers Protection	$	100,000	$	100,000	34507
5090	725602	State Forest	$	6,873,330	$	6,880,158	34508
5110	725646	Ohio Geological Mapping	$	1,220,690	$	1,993,519	34509
5120	725605	State Parks Operations	$	29,654,880	$	29,671,044	34510
5140	725606	Lake Erie Shoreline	$	1,559,583	$	1,559,583	34511
5180	725643	Oil and Gas ~~Permit Fees~~ Regulation and Safety	$	12,812,311	$	13,140,201	34512
5180	725677	Oil and Gas Well Plugging	$	1,500,000	$	1,500,000	34513
5210	725627	Off-Road Vehicle Trails	$	143,490	$	143,490	34514
5220	725656	Natural Areas and Preserves	$	546,639	$	546,639	34515
5260	725610	Strip Mining Administration Fee	$	1,800,000	$	1,800,000	34516
5270	725637	Surface Mining Administration	$	1,941,532	$	1,941,532	34517
5290	725639	Unreclaimed Land Fund	$	1,804,180	$	1,804,180	34518
5310	725648	Reclamation Forfeiture	$	500,000	$	500,000	34519
5B30	725674	Mining Regulation	$	28,135	$	28,135	34520
5BV0	725658	Heidelberg Water Quality Lab	$	250,000	$	250,000	34521
5BV0	725683	Soil and Water Districts	$	8,000,000	$	8,000,000	34522
5EJ0	725608	Forestry Law Enforcement	$	1,000	$	1,000	34523
5EK0	725611	Natural Areas & Preserves Law Enforcement	$	1,000	$	1,000	34524
5EL0	725612	Wildlife Law Enforcement	$	12,000	$	12,000	34525
5EM0	725613	Park Law Enforcement	$	34,000	$	34,000	34526
5EN0	725614	Watercraft Law Enforcement	$	2,500	$	2,500	34527
5HK0	725625	Ohio Nature Preserves	$	1,000	$	1,000	34528
5MF0	725635	Ohio Geology License Plate	$	7,500	$	7,500	34529
5MW0	725604	Natural Resources Special Purposes	$	10,163,812	$	6,165,162	34530
6150	725661	Dam Safety	$	943,517	$	943,517	34531
TOTAL SSR State Special Revenue							34532
Fund Group			$	80,129,565	$	77,254,626	34533

Clean Ohio Conservation Fund Group	34534

7061	725405		Clean Ohio Operating		$	300,775		$	300,775		34535
TOTAL CLF Clean Ohio Conservation Fund Group					$	300,775		$	300,775		34536

Wildlife Fund Group	34537

5P20	725634	Wildlife Boater Angler Administration	$	3,000,000	$	3,000,000	34538
7015	740401	Division of Wildlife Conservation	$	56,466,564	$	57,075,976	34539
8150	725636	Cooperative Management Projects	$	120,449	$	120,449	34540
8160	725649	Wetlands Habitat	$	966,885	$	966,885	34541
8170	725655	Wildlife Conservation Checkoff Fund	$	2,000,000	$	2,000,000	34542
8180	725629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	34543
8190	725685	Ohio River Management	$	203,584	$	203,584	34544
81B0	725688	Wildlife Habitat Fund	$	1,200,000	$	1,200,000	34545
TOTAL WLF Wildlife Fund Group			$	65,457,482	$	66,066,894	34546

Waterways Safety Fund Group	34547

7086	725414	Waterways Improvement	$	5,693,671	$	5,693,671	34548
7086	725418	Buoy Placement	$	52,182	$	52,182	34549
7086	725501	Waterway Safety Grants	$	120,000	$	120,000	34550
7086	725506	Watercraft Marine Patrol	$	576,153	$	576,153	34551
7086	725513	Watercraft Educational Grants	$	366,643	$	366,643	34552
7086	739401	Division of Watercraft	$	19,467,370	$	19,297,370	34553
TOTAL WSF Waterways Safety Fund							34554
Group			$	26,276,019	$	26,106,019	34555

Accrued Leave Liability Fund Group	34556

4M80	725675	FOP Contract	$	20,219	$	20,219	34557
TOTAL ALF Accrued Leave							34558
Liability Fund Group			$	20,219	$	20,219	34559

Holding Account Redistribution Fund Group	34560

R017	725659	Performance Cash Bond Refunds	$	496,263	$	496,263	34561
R043	725624	Forestry	$	2,100,000	$	2,100,000	34562
TOTAL 090 Holding Account							34563
Redistribution Fund Group			$	2,596,263	$	2,596,263	34564
TOTAL ALL BUDGET FUND GROUPS			$	326,105,488	$	~~326,612,826~~ 324,912,826	34565

Sec. 340.10. OOD OPPORTUNITIES FOR OHIOANS WITH DISABILITIES	34567
AGENCY	34568

General Revenue Fund	34569

GRF	415402	Independent Living Council	$	252,000	$	252,000	34570
GRF	415406	Assistive Technology	$	26,618	$	26,618	34571
GRF	415431	~~Office for People with~~ Brain Injury	$	126,567	$	126,567	34572
GRF	415506	Services for ~~People~~ Individuals with Disabilities	$	15,277,885	$	15,277,885	34573
GRF	415508	Services for the Deaf	$	28,000	$	28,000	34574
TOTAL GRF General Revenue Fund			$	15,711,070	$	15,711,070	34575

General Services Fund Group	34576

4670	415609	Business Enterprise Operating Expenses	$	962,538	$	965,481	34577
TOTAL GSF General Services							34578
Fund Group			$	962,538	$	965,481	34579

Federal Special Revenue Fund Group	34580

3170	415620	Disability Determination	$	83,332,186	$	84,641,911	34581
3790	415616	Federal - Vocational Rehabilitation	$	117,431,895	$	113,610,728	34582
3L10	415601	Social Security Personal Care Assistance	$	2,748,451	$	2,752,396	34583
3L10	415605	Social Security Community Centers for the Deaf	$	772,000	$	772,000	34584
3L10	415608	Social Security ~~Special Programs/Assistance~~ Vocational Rehabilitation	$	445,258	$	498,269	34585
3L40	415612	Federal Independent Living Centers or Services	$	638,431	$	638,431	34586
3L40	415615	Federal - Supported Employment	$	916,727	$	916,727	34587
3L40	415617	~~Independent Living/~~Vocational Rehabilitation Programs	$	1,548,658	$	1,348,658	34588
TOTAL FED Federal Special							34589
Revenue Fund Group			$	207,833,606	$	205,179,120	34590

State Special Revenue Fund Group	34591

4680	415618	Third Party Funding	$	11,000,000	$	11,000,000	34592
4L10	415619	Services for Rehabilitation	$	3,502,168	$	3,502,168	34593
4W50	415606	Program Management ~~Expenses~~	$	12,369,751	$	12,594,758	34594
TOTAL SSR State Special							34595
Revenue Fund Group			$	26,871,919	$	27,096,926	34596
TOTAL ALL BUDGET FUND GROUPS			$	251,379,133	$	248,952,597	34597

INDEPENDENT LIVING COUNCIL

34598

The foregoing appropriation item 415402, Independent Living	34599
Council, shall be used to fund the operations of the State	34600
Independent Living Council and to support state independent living	34601
centers and independent living services under Title VII of the	34602
Independent Living Services and Centers for Independent Living of	34603
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	34604
U.S.C. 796d.	34605

Of the foregoing appropriation item 415402, Independent	34606
Living Council, $67,662 in each fiscal year shall be used as state	34607
matching funds for vocational rehabilitation innovation and	34608
expansion activities.	34609

ASSISTIVE TECHNOLOGY

34610

The total amount of the foregoing appropriation item 415406,	34611
Assistive Technology, shall be provided to Assistive Technology of	34612
Ohio to provide grants and assistive technology services for	34613
people with disabilities in the State of Ohio.	34614

~~OFFICE FOR PEOPLE WITH~~ BRAIN INJURY

34615

The foregoing appropriation item 415431, ~~Office for People~~	34616
~~with~~ Brain Injury, shall be provided to The Ohio State University	34617
College of Medicine to support the Brain Injury Program	34618
established under section 3304.23 of the Revised Code.	34619

VOCATIONAL REHABILITATION SERVICES

34620

The foregoing appropriation item 415506, Services for ~~People~~	34621
Individuals with Disabilities, shall be used as state matching	34622
funds to provide vocational rehabilitation services to eligible	34623
consumers.	34624

SERVICES FOR THE DEAF

34625

The foregoing appropriation item 415508, Services for the	34626
Deaf, shall be used to provide grants to community centers for the	34627
deaf.	34628

~~INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS~~

34629

~~The foregoing appropriation item 415617, Independent~~	34630
~~Living/Vocational Rehabilitation Programs, shall be used to~~	34631
~~support vocational rehabilitation programs.~~	34632

SOCIAL SECURITY REIMBURSEMENT FUNDS

34633

Reimbursement funds received from the Social Security	34634
Administration, United States Department of Health and Human	34635
Services, for the costs of providing services and training to	34636
return disability recipients to gainful employment shall be	34637
expended ~~from the Social Security Reimbursement Fund (Fund 3L10)~~,	34638
to the extent funds are available, as follows:	34639

(A) Appropriation item 415601, Social Security Personal Care	34640
Assistance, to provide personal care services in accordance with	34641
section 3304.41 of the Revised Code;	34642

(B) Appropriation item 415605, Social Security Community	34643
Centers for the Deaf, to provide grants to community centers for	34644
the deaf in Ohio for services to individuals with hearing	34645
impairments; and	34646

(C) Appropriation item 415608, Social Security ~~Special~~	34647
~~Programs/Assistance~~Vocational Rehabilitation, to provide	34648
vocational rehabilitation services to individuals with severe	34649
disabilities who are Social Security beneficiaries, to enable them	34650
to achieve competitive employment. ~~This appropriation item shall~~	34651
~~also be used to pay a portion of indirect costs of the Personal~~	34652
~~Care Assistance Program and the Independent Living Programs as~~	34653
~~mandated by federal OMB Circular A-87.~~	34654

PROGRAM MANAGEMENT ~~EXPENSES~~

34655

The foregoing appropriation item 415606, Program Management	34656
~~Expenses~~, shall be used to support the administrative functions of	34657
the commission related to the provision of vocational	34658
rehabilitation, disability determination services, and ancillary	34659
programs.	34660

Sec. 349.10. PRX STATE BOARD OF PHARMACY

34661

General Services Fund Group	34662

4A50	887605	Drug Law Enforcement	$	150,000	$	150,000	34663
4K90	887609	Operating Expenses	$	6,701,285	$	~~6,701,285~~ 6,901,285	34664
TOTAL GSF General Services Fund Group			$	6,851,285	$	~~6,851,285~~ 7,051,285	34665

Federal Special Revenue Fund Group	34666

3BC0	887604	Dangerous Drugs Database	$	390,869	$	0	34667
3CT0	887606	2008 Developing/Enhancing PMP	$	224,691	$	112,346	34668
3DV0	887607	Enhancing Ohio's PMP	$	2,000	$	2,000	34669
3EY0	887603	Administration of PMIX Hub	$	66,335	$	0	34670
TOTAL FED Federal Special Revenue Fund Group			$	683,895	$	114,346	34671
TOTAL ALL BUDGET FUND GROUPS			$	7,535,180	$	~~6,965,631~~ 7,165,631	34672

Sec. 359.10. PWC PUBLIC WORKS COMMISSION

34674

General Revenue Fund	34675

GRF	150904	Conservation General Obligation Debt Service	$	~~33,376,600~~ 26,676,600	$	34,447,700	34676
GRF	150907	State Capital Improvements General Obligation Debt Service	$	~~227,810,300~~ 210,710,300	$	~~228,948,900~~ 226,948,900	34677
TOTAL GRF General Revenue Fund			$	~~261,186,900~~ 237,386,900	$	~~263,396,600~~ 261,396,600	34678

Clean Ohio Conservation Fund Group	34679

7056	150403		Clean Ohio Operating Expenses		$	288,980		$	288,980		34680
TOTAL 056 Clean Ohio Conservation Fund Group					$	288,980		$	288,980		34681

TOTAL ALL BUDGET FUND GROUPS

~~261,475,880~~ 237,675,880

~~263,685,580~~ 261,685,580

34682

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

34683

The foregoing appropriation item 150904, Conservation General	34684
Obligation Debt Service, shall be used to pay all debt service and	34685
related financing costs during the period from July 1, 2013,	34686
through June 30, 2015, at the times they are required to be made	34687
for obligations issued under sections 151.01 and 151.09 of the	34688
Revised Code.	34689

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

34690

The foregoing appropriation item 150907, State Capital	34691
Improvements General Obligation Debt Service, shall be used to pay	34692
all debt service and related financing costs during the period	34693
from July 1, 2013, through June 30, 2015, at the times they are	34694
required to be made for obligations issued under sections 151.01	34695
and 151.08 of the Revised Code.	34696

CLEAN OHIO OPERATING EXPENSES

34697

The foregoing appropriation item 150403, Clean Ohio Operating	34698
Expenses, shall be used by the Ohio Public Works Commission in	34699
administering Clean Ohio Conservation Fund (Fund 7056) projects	34700
pursuant to sections 164.20 to 164.27 of the Revised Code.	34701

Sec. 363.10. BOR BOARD OF REGENTS

34702

General Revenue Fund	34703

GRF	235321	Operating Expenses	$	2,850,357	$	2,850,357	34704
GRF	235401	Lease Rental Payments	$	5,805,300	$	0	34705
GRF	235402	Sea Grants	$	285,000	$	285,000	34706
GRF	235406	Articulation and Transfer	$	2,000,000	$	2,000,000	34707
GRF	235408	Midwest Higher Education Compact	$	95,000	$	95,000	34708
GRF	235409	HEI Information System	$	1,505,683	$	1,505,683	34709
GRF	235414	State Grants and Scholarship Administration	$	830,180	$	830,180	34710
GRF	235417	eStudent Services	$	2,532,688	$	2,532,688	34711
GRF	235428	Appalachian New Economy Partnership	$	737,366	$	737,366	34712
GRF	235433	Economic Growth Challenge	$	521,153	$	521,153	34713
GRF	235434	College Readiness and Access	$	1,200,000	$	1,200,000	34714
GRF	235438	Choose Ohio First Scholarship	$	16,665,114	$	16,665,114	34715
GRF	235443	Adult Basic and Literacy Education - State	$	7,427,416	$	7,427,416	34716
GRF	235444	Post-Secondary Adult Career-Technical Education	$	15,817,547	$	15,817,547	34717
GRF	235474	Area Health Education Centers Program Support	$	900,000	$	900,000	34718
GRF	235480	General Technology Operations	$	500,000	$	500,000	34719
GRF	235483	Technology Integration and Professional Development	$	3,378,598	$	2,703,598	34720
GRF	235501	State Share of Instruction	$	1,789,699,580	$	~~1,818,225,497~~ 1,821,325,497	34721
GRF	235502	Student Support Services	$	632,974	$	632,974	34722
GRF	235504	War Orphans Scholarships	$	5,500,000	$	5,500,000	34723
GRF	235507	OhioLINK	$	6,211,012	$	6,211,012	34724
GRF	235508	Air Force Institute of Technology	$	1,740,803	$	1,740,803	34725
GRF	235510	Ohio Supercomputer Center	$	3,747,418	$	3,747,418	34726
GRF	235511	Cooperative Extension Service	$	23,086,658	$	23,056,658	34727
GRF	235514	Central State Supplement	$	11,063,468	$	11,063,468	34728
GRF	235515	Case Western Reserve University School of Medicine	$	2,146,253	$	2,146,253	34729
GRF	235516	Wright State Lake Campus Agricultural Program	$	200,000	$	0	34730
GRF	235519	Family Practice	$	3,166,185	$	3,166,185	34731
GRF	235520	Shawnee State Supplement	$	2,326,097	$	2,326,097	34732
GRF	235523	Youth STEM Commercialization and Entrepreneurship Program	$	2,000,000	$	3,000,000	34733
GRF	235524	Police and Fire Protection	$	107,814	$	107,814	34734
GRF	235525	Geriatric Medicine	$	522,151	$	522,151	34735
GRF	235526	Primary Care Residencies	$	1,500,000	$	1,500,000	34736
GRF	235535	Ohio Agricultural Research and Development Center	$	34,126,100	$	34,629,970	34737
GRF	235536	The Ohio State University Clinical Teaching	$	9,668,941	$	9,668,941	34738
GRF	235537	University of Cincinnati Clinical Teaching	$	7,952,573	$	7,952,573	34739
GRF	235538	University of Toledo Clinical Teaching	$	6,198,600	$	6,198,600	34740
GRF	235539	Wright State University Clinical Teaching	$	3,011,400	$	3,011,400	34741
GRF	235540	Ohio University Clinical Teaching	$	2,911,212	$	2,911,212	34742
GRF	235541	Northeast Ohio Medical University Clinical Teaching	$	2,994,178	$	2,994,178	34743
GRF	235552	Capital Component	$	13,628,639	$	10,280,387	34744
GRF	235555	Library Depositories	$	1,440,342	$	1,440,342	34745
GRF	235556	Ohio Academic Resources Network	$	3,172,519	$	3,172,519	34746
GRF	235558	Long-term Care Research	$	325,300	$	325,300	34747
GRF	235563	Ohio College Opportunity Grant	$	90,284,264	$	90,284,264	34748
GRF	235572	The Ohio State University Clinic Support	$	766,533	$	766,533	34749
GRF	235599	National Guard Scholarship Program	$	16,711,514	$	17,384,511	34750
GRF	235909	Higher Education General Obligation Debt Service	$	~~221,168,700~~ 215,368,700	$	~~248,822,000~~ 245,822,000	34751
TOTAL GRF General Revenue Fund			$	~~2,331,062,630~~ 2,325,262,630	$	~~2,379,360,162~~ 2,379,460,162	34752

General Services Fund Group	34753

2200	235614	Program Approval and Reauthorization	$	903,595	$	903,595	34754
4560	235603	Sales and Services	$	199,250	$	199,250	34755
5JC0	235649	Co-op Internship Program	$	8,000,000	$	8,000,000	34756
5JC0	235668	Defense/Aerospace Workforce Development Initiative	$	4,000,000	$	4,000,000	34757
5JC0	235685	Manufacturing Workforce Development Initiative	$	2,000,000	$	0	34758
TOTAL GSF General Services							34759
Fund Group			$	15,102,845	$	13,102,845	34760

Federal Special Revenue Fund Group	34761

3120	235612	Carl D. Perkins Grant/Plan Administration	$	1,350,000	$	1,350,000	34762
3120	235617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	34763
3120	235641	Adult Basic and Literacy Education - Federal	$	14,835,671	$	14,835,671	34764
3120	235672	H-1B Tech Skills Training	$	1,100,000	$	1,100,000	34765
3BW0	235630	Indirect Cost Recovery - Federal	$	50,000	$	50,000	34766
3H20	235608	Human Services Project	$	1,000,000	$	1,000,000	34767
TOTAL FED Federal Special Revenue							34768
Fund Group			$	21,535,671	$	21,535,671	34769

State Special Revenue Fund Group	34770

4E80	235602	Higher Educational Facility Commission Administration	$	29,100	$	29,100	34771
4X10	235674	Telecommunity and Distance Learning	$	49,150	$	49,150	34772
5D40	235675	Conferences/Special Purposes	$	1,884,095	$	1,884,095	34773
5FR0	235643	Making Opportunity Affordable	$	230,000	$	230,000	34774
5P30	235663	Variable Savings Plan	$	8,066,920	$	8,104,370	34775
6450	235664	Guaranteed Savings Plan	$	1,290,718	$	1,303,129	34776
6820	235606	Nursing Loan Program	$	891,320	$	891,320	34777
TOTAL SSR State Special Revenue							34778
Fund Group			$	12,441,303	$	12,491,164	34779

Third Frontier Research & Development Fund Group	34780

7011	235634	Research Incentive Third Frontier Fund	$	8,000,000	$	8,000,000	34781
TOTAL 011 Third Frontier Research & Development Fund Group			$	8,000,000	$	8,000,000	34782
TOTAL ALL BUDGET FUND GROUPS			$	~~2,388,142,449~~ 2,382,342,449	$	~~2,434,489,842~~ 2,434,589,842	34783

Sec. 365.10. DRC DEPARTMENT OF REHABILITATION AND CORRECTION

34785

General Revenue Fund	34786

GRF	501321	Institutional Operations	$	~~883,768,015~~ 895,799,933	$	~~873,724,802~~ 900,215,085	34787
GRF	501403	Prisoner Compensation	$	6,000,000	$	6,000,000	34788
GRF	501405	Halfway House	$	~~45,049,356~~ 48,399,340	$	~~46,024,108~~ 51,197,937	34789
GRF	501406	Lease Rental Payments	$	~~104,099,500~~ 103,099,500	$	99,534,800	34790
GRF	501407	Community Nonresidential Programs	$	34,187,858	$	34,314,390	34791
GRF	501408	Community Misdemeanor Programs	$	12,856,800	$	12,856,800	34792
GRF	501501	Community Residential Programs - CBCF	$	~~63,345,972~~ 64,224,472	$	~~66,150,781~~ 69,453,455	34793
GRF	503321	Parole and Community Operations	$	~~64,480,938~~ 66,102,094	$	~~65,029,680~~ 71,676,403	34794
GRF	504321	Administrative Operations	$	20,659,664	$	20,907,476	34795
GRF	505321	Institution Medical Services	$	~~243,289,774~~ 239,397,895	$	~~254,139,452~~ 251,994,058	34796
GRF	506321	Institution Education Services	$	19,102,051	$	19,112,418	34797
TOTAL GRF General Revenue Fund			$	~~1,496,839,928~~ 1,509,829,607	$	~~1,497,794,707~~ 1,537,262,822	34798

General Services Fund Group	34799

1480	501602	Institutional Services	$	3,139,577	$	3,139,577	34800
2000	501607	Ohio Penal Industries	$	41,393,226	$	40,609,872	34801
4830	501605	Property Receipts	$	582,086	$	582,086	34802
4B00	501601	Sewer Treatment Services	$	2,023,671	$	2,067,214	34803
4D40	501603	Prisoner Programs	$	17,499,255	$	17,499,255	34804
4L40	501604	Transitional Control	$	1,113,120	$	1,113,120	34805
4S50	501608	Education Services	$	4,114,782	$	4,114,782	34806
5710	501606	Training Academy Receipts	$	125,000	$	125,000	34807
5930	501618	Laboratory Services	$	3,750,000	$	0	34808
5AF0	501609	State and Non-Federal Awards	$	1,440,000	$	1,440,000	34809
5H80	501617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	34810
5L60	501611	Information Technology Services	$	250,000	$	250,000	34811
TOTAL GSF General Services Fund Group			$	77,430,717	$	72,940,906	34812

Federal Special Revenue Fund Group	34813

3230	501619	Federal Grants	$	7,132,943	$	7,132,943	34814
TOTAL FED Federal Special Revenue							34815
Fund Group			$	7,132,943	$	7,132,943	34816

TOTAL ALL BUDGET FUND GROUPS

~~1,581,403,588~~ 1,594,393,267

~~1,577,868,556~~ 1,617,336,671

34817

TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL	34818
SENTENCING REFORMS	34819

For the purposes of implementing criminal sentencing reforms,	34820
and notwithstanding any other provision of law to the contrary,	34821
the Director of Budget and Management, at the request of the	34822
Director of Rehabilitation and Correction, may transfer up to	34823
$14,000,000 in appropriations, in each of fiscal years 2014 and	34824
2015, from appropriation item 501321, Institutional Operations, to	34825
any combination of appropriation items 501405, Halfway House;	34826
501407, Community Residential Programs; 501408, Community	34827
Misdemeanor Programs; and 501501, Community Residential Programs -	34828
CBCF.	34829

LEASE RENTAL PAYMENTS

34830

The foregoing appropriation item 501406, Lease Rental	34831
Payments, shall be used to meet all payments at the times they are	34832
required to be made during the period from July 1, 2013, through	34833
June 30, 2015, by the Department of Rehabilitation and Correction	34834
under the primary leases and agreements for those buildings made	34835
under Chapters 152. and 154. of the Revised Code. These	34836
appropriations are the source of funds pledged for bond service	34837
charges on related obligations issued under Chapters 152. and 154.	34838
of the Revised Code.	34839

OSU MEDICAL CHARGES

34840

Notwithstanding section 341.192 of the Revised Code, at the	34841
request of the Department of Rehabilitation and Correction, The	34842
Ohio State University Medical Center, including the Arthur G.	34843
James Cancer Hospital and Richard J. Solove Research Institute and	34844
the Richard M. Ross Heart Hospital, shall provide necessary care	34845
to persons who are confined in state adult correctional	34846
facilities. The provision of necessary care shall be billed to the	34847
Department at a rate not to exceed the authorized reimbursement	34848
rate for the same service established by the Department of	34849
Medicaid under the Medicaid Program.	34850

CORRECTIVE CASH TRANSFER

34851

At the request of the Director of Rehabilitation and	34852
Correction, the Director of Budget and Management may transfer an	34853
amount not to exceed $2,391 in cash that was mistakenly deposited	34854
in the Federal Grants Fund (Fund 3230) to the General Revenue	34855
Fund.	34856

Sec. 395.10. TAX DEPARTMENT OF TAXATION

34857

General Revenue Fund	34858

GRF	110321	Operating Expenses	$	72,568,330	$	67,968,332	34859
GRF	110404	Tobacco Settlement Enforcement	$	178,200	$	178,200	34860
GRF	110901	Property Tax Allocation - Taxation	$	~~666,640,000~~ 658,640,000	$	~~678,255,600~~ 673,255,600	34861
TOTAL GRF General Revenue Fund			$	~~739,386,530~~ 731,386,530	$	~~746,402,132~~ 741,402,132	34862

General Services Fund Group	34863

2280	110628	Revenue Enhancement	$	15,500,000	$	~~17,500,000~~ 17,100,000	34864
4330	110602	Tape File Account	$	175,000	$	175,000	34865
5BP0	110639	Wireless 9-1-1 Administration	$	290,000	$	290,000	34866
5CZ0	110631	Vendor's License Application	$	250,000	$	250,000	34867
5MN0	110638	STARS Development and Implementation	$	5,000,000	$	3,000,000	34868
5N50	110605	Municipal Income Tax Administration	$	150,000	$	150,000	34869
5N60	110618	Kilowatt Hour Tax Administration	$	100,000	$	100,000	34870
5V80	110623	Property Tax Administration	$	11,978,310	$	~~11,978,310~~ 11,178,310	34871
5W70	110627	Exempt Facility Administration	$	49,500	$	49,500	34872
TOTAL GSF General Services							34873
Fund Group			$	33,492,810	$	~~33,492,810~~ 32,292,810	34874

State Special Revenue Fund Group	34875

4350	110607	Local Tax Administration	$	20,000,000	$	~~20,700,000~~ 20,300,000	34876
4360	110608	Motor Vehicle Audit	$	1,459,609	$	1,459,609	34877
4370	110606	Income Tax Contribution	$	38,800	$	38,800	34878
4380	110609	School District Income Tax	$	5,802,044	$	~~5,802,044~~ 5,402,044	34879
4C60	110616	International Registration Plan	$	682,415	$	682,415	34880
4R60	110610	Tire Tax Administration	$	244,193	$	244,193	34881
5V70	110622	Motor Fuel Tax Administration	$	5,035,374	$	5,035,374	34882
6390	110614	Cigarette Tax Enforcement	$	1,750,000	$	1,750,000	34883
6420	110613	Ohio Political Party Distributions	$	500,000	$	500,000	34884
6880	110615	Local Excise Tax Administration	$	775,015	$	775,015	34885
TOTAL SSR State Special Revenue							34886
Fund Group			$	36,287,450	$	~~36,987,450~~ 36,187,450	34887

Agency Fund Group	34888

4250	110635	Tax Refunds	$	1,546,800,000	$	1,546,800,000	34889
7095	110995	Municipal Income Tax	$	21,000,000	$	21,000,000	34890
TOTAL AGY Agency Fund Group			$	1,567,800,000	$	1,567,800,000	34891

Holding Account Redistribution Fund Group	34892

R010	110611	Tax Distributions	$	50,000	$	50,000	34893
R011	110612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	34894
TOTAL 090 Holding Account							34895
Redistribution Fund Group			$	100,000	$	100,000	34896
TOTAL ALL BUDGET FUND GROUPS			$	~~2,377,066,790~~ 2,369,066,790	$	~~2,384,782,392~~ 2,377,782,392	34897

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK

34898

The foregoing appropriation item 110901, Property Tax	34899
Allocation - Taxation, is hereby appropriated to pay for the	34900
state's costs incurred due to the Homestead Exemption, the	34901
Manufactured Home Property Tax Rollback, and the Property Tax	34902
Rollback. The Tax Commissioner shall distribute these funds	34903
directly to the appropriate local taxing districts, except for	34904
school districts, notwithstanding the provisions in sections	34905
321.24 and 323.156 of the Revised Code, which provide for payment	34906
of the Homestead Exemption, the Manufactured Home Property Tax	34907
Rollback, and Property Tax Rollback by the Tax Commissioner to the	34908
appropriate county treasurer and the subsequent redistribution of	34909
these funds to the appropriate local taxing districts by the	34910
county auditor.	34911

Upon receipt of these amounts, each local taxing district	34912
shall distribute the amount among the proper funds as if it had	34913
been paid as real property taxes. Payments for the costs of	34914
administration shall continue to be paid to the county treasurer	34915
and county auditor as provided for in sections 319.54, 321.26, and	34916
323.156 of the Revised Code.	34917

Any sums, in addition to the amounts specifically	34918
appropriated in appropriation item 110901, Property Tax Allocation	34919
- Taxation, for the Homestead Exemption, the Manufactured Home	34920
Property Tax Rollback, and the Property Tax Rollback payments,	34921
which are determined to be necessary for these purposes, are	34922
hereby appropriated.	34923

MUNICIPAL INCOME TAX

34924

The foregoing appropriation item 110995, Municipal Income	34925
Tax, shall be used to make payments to municipal corporations	34926
under section 5745.05 of the Revised Code. If it is determined	34927
that additional appropriations are necessary to make such	34928
payments, such amounts are hereby appropriated.	34929

TAX REFUNDS

34930

The foregoing appropriation item 110635, Tax Refunds, shall	34931
be used to pay refunds under section 5703.052 of the Revised Code.	34932
If it is determined that additional appropriations are necessary	34933
for this purpose, such amounts are hereby appropriated.	34934

INTERNATIONAL REGISTRATION PLAN AUDIT

34935

The foregoing appropriation item 110616, International	34936
Registration Plan, shall be used under section 5703.12 of the	34937
Revised Code for audits of persons with vehicles registered under	34938
the International Registration Plan.	34939

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

34940

Of the foregoing appropriation item 110607, Local Tax	34941
Administration, the Tax Commissioner may disburse funds, if	34942
available, for the purposes of paying travel expenses incurred by	34943
members of Ohio's delegation to the Streamlined Sales Tax Project,	34944
as appointed under section 5740.02 of the Revised Code. Any travel	34945
expense reimbursement paid for by the Department of Taxation shall	34946
be done in accordance with applicable state laws and guidelines.	34947

TOBACCO SETTLEMENT ENFORCEMENT

34948

The foregoing appropriation item 110404, Tobacco Settlement	34949
Enforcement, shall be used by the Tax Commissioner to pay costs	34950
incurred in the enforcement of divisions (F) and (G) of section	34951
5743.03 of the Revised Code.	34952

STARS DEVELOPMENT AND IMPLEMENTATION FUND

34953

The foregoing appropriation item 110638, STARS Development	34954
and Implementation Fund, shall be used to pay costs incurred in	34955
the development and implementation of the department's State Tax	34956
Accounting and Revenue System. The Director of Budget and	34957
Management, under a plan submitted by the Tax Commissioner, or as	34958
otherwise determined by the Director of Budget and Management,	34959
shall set a schedule to transfer cash from the Tax Reform System	34960
Implementation Fund, Local Tax Administration Fund, School	34961
District Income Tax Fund, Discovery Project Fund, and the Motor	34962
Fuel Tax Administration Fund to the credit of the STARS	34963
Development and Implementation Fund (Fund 5MN0). The transfers of	34964
cash shall not exceed $8,000,000 in the biennium.	34965

Sec. 403.10. DVS DEPARTMENT OF VETERANS SERVICES

34966

General Revenue Fund	34967

GRF	900321	Veterans' Homes	$	27,369,946	$	~~27,369,946~~ 26,992,608	34968
GRF	900402	Hall of Fame	$	107,075	$	107,075	34969
GRF	900408	Department of Veterans Services	$	2,001,823	$	~~2,001,823~~ 2,379,161	34970
GRF	900901	Persian Gulf, Afghanistan, and Iraq Compensation Debt Service	$	7,542,600	$	9,914,800	34971
TOTAL GRF General Revenue Fund			$	37,021,444	$	39,393,644	34972

General Services Fund Group	34973

4840	900603		Veterans' Homes Services		$	1,596,894		$	1,596,894		34974
TOTAL GSF General Services Fund Group					$	1,596,894		$	1,596,894		34975

Federal Special Revenue Fund Group	34976

3680	900614	Veterans Training	$	684,017	$	697,682	34977
3740	900606	Troops to Teachers	$	111,822	$	111,879	34978
3BX0	900609	Medicare Services	$	2,250,000	$	2,250,000	34979
3L20	900601	Veterans' Homes Operations - Federal	$	24,887,790	$	25,634,423	34980
TOTAL FED Federal Special Revenue							34981
Fund Group			$	27,933,629	$	28,693,984	34982

State Special Revenue Fund Group	34983

4E20	900602	Veterans' Homes Operating	$	10,614,652	$	10,837,435	34984
6040	900604	Veterans' Homes Improvement	$	403,663	$	459,359	34985
TOTAL SSR State Special Revenue							34986
Fund Group			$	11,018,315	$	11,296,794	34987

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group	34988

7041	900615	Veteran Bonus Program - Administration	$	738,703	$	629,709	34989
7041	900641	Persian Gulf, Afghanistan, and Iraq Compensation	$	14,500,000	$	9,400,000	34990
TOTAL 041 Persian Gulf,							34991
Afghanistan, and Iraq							34992
Compensation Fund Group			$	15,238,703	$	10,029,709	34993
TOTAL ALL BUDGET FUND GROUPS			$	92,808,985	$	91,011,025	34994

PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL	34995
OBLIGATION DEBT SERVICE	34996

The foregoing appropriation item 900901, Persian Gulf,	34997
Afghanistan and Iraq Compensation Debt Service, shall be used to	34998
pay all debt service and related financing costs during the period	34999
from July 1, 2013, through June 30, 2015, on obligations issued	35000
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation	35001
purposes under sections 151.01 and 151.12 of the Revised Code.	35002

Sec. 512.70. ~~PROHIBITION ON TRANSFERS~~FISCAL YEAR 2014	35003
GENERAL REVENUE FUND ENDING BALANCE	35004

Notwithstanding section 131.44 of the Revised Code, ~~cash~~	35005
~~shall not be transferred to the Income Tax Reduction Fund prior to~~	35006
~~July 1, 2015~~of the surplus revenue, as that term is defined in	35007
that section, that exists on June 30, 2014, after the transfer of	35008
cash to the Budget Stabilization Fund (Fund 7013) required under	35009
division (B)(1)(a) of section 131.44 of the Revised Code, up to	35010
$300,000,000 cash shall be transferred by the Director of Budget	35011
and Management from the General Revenue Fund to the Medicaid	35012
Reserve Fund (Fund 5Y80).	35013

Any cash from the surplus revenue remaining after this	35014
transfer shall be reserved in the General Revenue Fund.	35015

Sec. 512.80. DIESEL EMISSIONS REDUCTION GRANT PROGRAM

35016

There is hereby established in the Highway Operating Fund	35017
(Fund 7002), used by the Department of Transportation, a Diesel	35018
Emissions Reduction Grant Program. The Director of Environmental	35019
Protection shall administer the program and shall solicit,	35020
evaluate, score, and select projects submitted by public and	35021
private entities that are eligible for the federal Congestion	35022
Mitigation and Air Quality (CMAQ) Program. The Director of	35023
Transportation shall process Federal Highway	35024
Administration-approved projects as recommended by the Director of	35025
Environmental Protection.	35026

In addition to the allowable expenditures set forth in	35027
section 122.861 of the Revised Code, Diesel Emissions Reduction	35028
Grant Program funds also may be used to fund projects involving	35029
the purchase or use of hybrid and alternative fuel vehicles that	35030
are allowed under guidance developed by the Federal Highway	35031
Administration for the CMAQ Program.	35032

Public entities eligible to receive funds under section	35033
122.861 of the Revised Code and CMAQ shall be reimbursed from	35034
moneys in the Highway Operating Fund (Fund 7002) designated for	35035
the Department of Transportation's Diesel Emissions Reduction	35036
Grant Program.	35037

Private entities eligible to receive funds under section	35038
122.861 of the Revised Code and CMAQ shall be reimbursed through	35039
transfers of cash from moneys in the Highway Operating Fund (Fund	35040
7002) designated for the Department of Transportation's Diesel	35041
Emissions Reduction Grant Program to the Diesel Emissions	35042
Reduction Fund (Fund 3FH0), used by the Environmental Protection	35043
Agency, or at the direction of the local public agency sponsor and	35044
upon approval of the Department of Transportation, through direct	35045
payments to the vendor in the prorated share of federal/state	35046
participation. Total expenditures between both the Environmental	35047
Protection Agency from appropriation item 715693, Diesel Emissions	35048
Reduction Grants and the Department of Transportation from the	35049
Highway Operating Fund (Fund 7002) for the Diesel Emissions	35050
Reduction Grant Program shall not exceed ~~the amounts appropriated~~	35051
~~in this act for appropriation item 715693, Diesel Emissions~~	35052
~~Reduction Grants~~$10,000,000 in FY 2014 and $10,000,000 in FY	35053
2015.	35054

On or before June 30, 2014, the Director of Environmental	35055
Protection may certify to the Director of Budget and Management	35056
the amount of any unencumbered balance of the foregoing	35057
appropriation item 715693, Diesel Emissions Reduction Grants, for	35058
fiscal year 2014 to be used for the same purpose in fiscal year	35059
2015. Once the certification permitted under this section has been	35060
submitted and approved by the Director of Budget and Management,	35061
the amount approved ~~is hereby~~may be appropriated for fiscal year	35062
2015.	35063

Any cash transfers or allocations under this section	35064
represent CMAQ program moneys within the Department of	35065
Transportation for use by the Diesel Emissions Reduction Grant	35066
Program by the Environmental Protection Agency. These allocations	35067
shall not reduce the amount of such moneys designated for	35068
metropolitan planning organizations.	35069

The Director of Environmental Protection, in consultation	35070
with the ~~directors of Development Services and~~Director of	35071
Transportation, shall develop guidance for the distribution of	35072
funds and for the administration of the Diesel Emissions Reduction	35073
Grant Program. The guidance shall include a method of	35074
prioritization for projects, acceptable technologies, and	35075
procedures for awarding grants.	35076

Sec. 751.10. RECOVERY REQUIRES A COMMUNITY PROGRAM

35077

The Department of Mental Health and Addiction Services, in	35078
consultation with the Department of Medicaid, shall administer the	35079
Recovery Requires a Community Program to identify individuals	35080
residing in nursing facilities who can be successfully moved into	35081
a community setting with the aid of community non-Medicaid	35082
services.	35083

The Director of Mental Health and Addiction Services and the	35084
Medicaid Director shall agree upon an amount representing the	35085
savings realized from decreased nursing facility utilization to be	35086
transferred within the biennium from the Department of Medicaid to	35087
the Department of Mental Health and Addiction Services to support	35088
non-Medicaid program costs for individuals moving into community	35089
settings.	35090

~~Of the foregoing appropriation item 651525, Medicaid/Health~~	35091
~~Care Services, the Medicaid Director shall transfer the amount~~	35092
~~agreed upon representing the savings from the General Revenue Fund~~	35093
~~to the Sale of Goods and Services Fund (Fund 1490). The transfer~~	35094
~~shall be made using an intrastate transfer voucher. The~~	35095
~~transferred cash is hereby appropriated to appropriation item~~	35096
~~335609, Community Operating/Planning.~~	35097

The Director of Mental Health and Addiction Services and the	35098
Medicaid Director shall certify the agreed upon amount to the	35099
Director of Budget and Management. Upon receipt of the	35100
certification, the Director of Budget and Management may increase	35101
appropriation item 335504, Community Innovations, up to the amount	35102
of the certification and decrease appropriation item 651525,	35103
Medicaid/Health Care Services, by an equal amount.	35104

Section 610.21. That existing Sections 207.10, 209.30,	35105
221.10, 241.10, 257.10, 257.20, 259.10, 259.210, 263.10, 263.230,	35106
263.240, 263.250, 263.270, 263.320, 263.325, 275.10, 282.10,	35107
282.30, 285.10, 285.20, 301.10, 301.33, 301.40, 301.143, 327.10,	35108
327.83, 333.10, 340.10, 349.10, 359.10, 363.10, 365.10, 395.10,	35109
403.10, 512.70, 512.80, and 751.10 of Am. Sub. H.B. 59 of the	35110
130th General Assembly are hereby repealed.	35111

Section 630.10. That Sections 207.100, 207.250, 207.340,	35112
207.440, 223.10, 239.10, 253.330, 269.10, and 701.50 of Am. H.B.	35113
497 of the 130th General Assembly be amended to read as follows:	35114

Sec. 207.100. CCC CUYAHOGA COMMUNITY COLLEGE

35115

Higher Education Improvement Fund (Fund 7034)	35116

C37838	Structural Concrete Repairs	$	7,000,000	35117
C37839	Roof Repair and Replacements	$	2,900,000	35118
C37840	Workforce Economic Development Renovations	$	1,700,000	35119
C37841	St. Vincent Charity Medical Center - Geriatric Behavioral Health Project	$	500,000	35120
C37842	Playhouse Square Ohio Theatre	$	1,500,000	35121
C37843	Cleveland Museum of Art - Final Phase	$	2,000,000	35122
C37844	Rock and Roll Hall of Fame	$	1,060,522	35123
TOTAL Higher Education Improvement Fund		$	~~15,600,000~~ 16,660,522	35124
TOTAL ALL FUNDS		$	~~15,600,000~~ 16,660,522	35125

Sec. 207.250. OTC OWENS COMMUNITY COLLEGE

35127

Higher Education Improvement Fund (Fund 7034)	35128

C38816	Penta Renovations	$	4,750,000	35129
C38826	College Hall Renovation	$	750,000	35130
C38827	Manufacturing Training Simulators	$	290,000	35131
C38828	ProMedica Transformative Low Income Medical Senior Housing	$	250,000	35132
TOTAL Higher Education Improvement Fund		$	~~5,790,000~~ 6,040,000	35133
TOTAL ALL FUNDS		$	~~5,790,000~~ 6,040,000	35134

Sec. 207.340. UTO UNIVERSITY OF TOLEDO

35136

Higher Education Improvement Fund (Fund 7034)	35137

C34058	Campus Energy Cost Reduction Project	$	1,500,000	35138
C34067	Anatomy Specimen Storage Facility	$	3,500,000	35139
C34068	Academic Technology and Renovation Projects	$	3,000,000	35140
C34069	Campus Infrastructure Improvements	$	3,000,000	35141
C34070	NW Ohio Plastics Training Center	$	2,000,000	35142
C34071	Elevator Safety Repairs and Replacements	$	2,000,000	35143
C34072	Building Automation System Upgrades	$	1,500,000	35144
C34073	Mechanical System Improvements	$	1,500,000	35145
C34074	Backbone Core Router Replacements	$	1,600,000	35146
C34075	Network Infrastructure Replacement	$	1,400,000	35147
C34076	Northwest Ohio Food Partnership Center	$	1,000,000	35148
C34077	Mercy College Science Facilities Expansion and Renovation	$	500,000	35149
C34078	Northwest Ohio Workforce Development and Advanced Manufacturing Training Center	$	1,000,000	35150
~~C34079~~	~~Promedica Transformative Low Income Medical Senior Housing~~	$	~~250,000~~	35151
TOTAL Higher Education Improvement Fund		$	~~23,750,000~~ 23,500,000	35152
TOTAL ALL FUNDS		$	~~23,750,000~~ 23,500,000	35153

Sec. 207.440. The Ohio Public Facilities Commission is hereby	35155
authorized to issue and sell, in accordance with Section 2n of	35156
Article VIII, Ohio Constitution, and Chapter 151. and particularly	35157
sections 151.01 and 151.04 of the Revised Code, original	35158
obligations in an aggregate principal amount not to exceed	35159
~~$506,000,000~~$507,000,000, in addition to the original issuance of	35160
obligations heretofore authorized by prior acts of the General	35161
Assembly. These authorized obligations shall be issued, subject to	35162
applicable constitutional and statutory limitations, as needed to	35163
provide sufficient moneys to the credit of the Higher Education	35164
Improvement Fund (Fund 7034) and the Higher Education Improvement	35165
Taxable Fund (Fund 7024) to pay costs of capital facilities as	35166
defined in sections 151.01 and 151.04 of the Revised Code for	35167
state-supported and state-assisted institutions of higher	35168
education.	35169

Sec. 223.10. DNR DEPARTMENT OF NATURAL RESOURCES

35170

Wildlife Fund (Fund 7015)	35171

C725K9		Wildlife Area Building Development/Renovations		$	6,400,000		35172
TOTAL Wildlife Fund				$	6,400,000		35173

Administrative Building Fund (Fund 7026)	35174

C725D5	Fountain Square Telephone Improvements	$	2,250,000	35175
C725D7	MARCS Equipment	$	2,490,150	35176
C725E0	DNR Fairgrounds Areas Upgrading	$	485,000	35177
C725N7	District Office Renovations	$	2,000,000	35178
TOTAL Administrative Building Fund		$	7,225,150	35179

Ohio Parks and Natural Resources Fund (Fund 7031)	35180

C72549	Facilities Development	$	1,250,000	35181
C72599	State Parks, Campgrounds, Lodges, Cabins	$	2,600,000	35182
C725C2	Canals Hydraulics Work and Support Facilities	$	200,000	35183
C725E1	Local Parks Projects Statewide	$	11,366,525	35184
C725E5	Project Planning	$	2,749,000	35185
C725J0	Natural Areas/Preserves Maintenance/Facilities	$	1,000,000	35186
C725K0	State Park Renovations/Upgrading	$	13,027,940	35187
C725N5	Wastewater/Water Systems Upgrades	$	12,055,000	35188
C725N8	Operations Facilities Development	$	2,500,000	35189
C72501	The Wilds	$	500,000	35190
C725T3	Healthy Lake Erie Initiative	$	10,000,000	35191
C725U0	~~Savanna Ridge Enterprise Zone -~~ Cleveland ~~Metroparks Zoo~~ Zoological Society Savannah Ridge Project	$	500,000	35192
TOTAL Ohio Parks and Natural Resources Fund		$	57,748,465	35193

Parks and Recreation Improvement Fund (Fund 7035)	35194

C725A0	State Parks, Campgrounds, Lodges, Cabins	$	42,050,000	35195
C725B2	State Park Maintenance Facility Development	$	3,000,000	35196
C725B5	Buckeye Lake Dam Rehabilitation	$	4,000,000	35197
C725E2	Local Parks Projects	$	35,639,595	35198
C725E6	Project Planning	$	5,901,000	35199
C725M5	Lake Erie Island State Park/Middle Bass Island State Park	$	6,000,000	35200
C725R4	Dam Rehabilitation - Parks	$	41,100,000	35201
TOTAL Parks and Recreation Improvement Fund		$	137,690,595	35202

Clean Ohio Trail Fund (Fund 7061)	35203

C72514		Clean Ohio Trail Fund		$	12,500,000		35204
TOTAL Clean Ohio Trail Fund				$	12,500,000		35205

Waterways Safety Fund (Fund 7086)	35206

C725A7	Cooperative Funding for Boating Facilities	$	9,200,000	35207
C725N9	Operations Facilities Development	$	820,000	35208
C725Q6	Facilities Development	$	5,363,274	35209
TOTAL Waterways Safety Fund		$	15,383,274	35210
TOTAL ALL FUNDS		$	236,947,484	35211

FEDERAL REIMBURSEMENT

35212

All reimbursements received from the federal government for	35213
any expenditures made pursuant to this section shall be deposited	35214
in the state treasury to the credit of the ~~Parks and Recreation~~	35215
~~Improvement Fund (Fund 7035)~~fund from which the expenditure	35216
originated.	35217

LOCAL PARK PROJECTS STATEWIDE

35218

Of the foregoing appropriation item C725E1, Local Parks	35219
Projects Statewide, an amount equal to two per cent of the	35220
projects listed may be used by the Department of Natural Resources	35221
for the administration of local projects, $3,500,000 shall be used	35222
for the Flats East Gateway and Riverfront Park, $1,000,000 shall	35223
be used for the City of Celina Boardwalk, $1,000,000 shall be used	35224
for the Middletown River Center, $1,000,000 shall be used for the	35225
Voice of America Multi-Purpose Field and Athletic Complex,	35226
$1,000,000 shall be used for the Euclid Waterfront Improvements	35227
Plan - Phase II Implementation, $875,000 shall be used for the	35228
Preble County Agricultural Facility Improvements, $500,000 shall	35229
be used for the New Economy Neighborhood - Phase II, $500,000	35230
shall be used for the Nimisila Spillway Replacement Project,	35231
$350,000 shall be used for the Perry Township Park Lakeshore	35232
Stabilization, $300,000 shall be used for the Fairfield Sports	35233
Complex Entrance, $250,000 shall be used for the Riverfront	35234
Enhancement, $250,000 shall be used for the Earl Thomas Conley	35235
Riverside Park Campground, $150,000 shall be used for the Treasure	35236
Island River Corridor Improvement, $150,000 shall be used for the	35237
Russ Nature Reserve, $100,000 shall be used for the Hillsboro	35238
North High Trail and Pedestrian Bridge, $100,000 shall be used for	35239
the PASA Field Lighting, $100,000 shall be used for the Gallipolis	35240
Riverfront Project – Phase I, $80,000 shall be used for the Black	35241
River Landing Pavilion, $50,000 shall be used for the Loudonville	35242
Public Swimming Pool, $35,000 shall be used for the A.S.K.	35243
Playground, $30,000 shall be used for the Medina Community	35244
Recreation Center, $25,000 shall be used for the Newbury Veterans'	35245
Memorial Park, and $21,525 shall be used for the Black Swamp	35246
Education Center Parking Lot.	35247

LOCAL PARKS PROJECTS

35248

Of the foregoing appropriation item C725E2, Local Parks	35249
Projects, an amount equal to two per cent of the projects listed	35250
may be used by the Department of Natural Resources for the	35251
administration of local projects, $15,000,000 shall be used for	35252
the Veterans Memorial, $5,000,000 shall be used for the City of	35253
Cleveland - Lakefront Access Project, $4,000,000 shall be used for	35254
the Banks Project - Phase IIIA, $1,500,000 shall be used for the	35255
Fifth Third Field Sports Plaza, $1,500,000 shall be used for the	35256
Lima Stadium Park, $1,000,000 shall be used for the Little Miami	35257
Scenic Trail- Bridge Construction, $500,000 shall be used for the	35258
Shaker Heights Van Aken District, $500,000 shall be used for the	35259
Cascade Plaza Renovation, $500,000 shall be used for the Olentangy	35260
Greenway Trail Highbanks Connector, $500,000 shall be used for	35261
Hilliard Station Park, $500,000 shall be used for the MidPointe	35262
Crossing - Swift Park, $500,000 shall be used for the Smale	35263
Riverfront Park, $500,000 shall be used for the Green Township	35264
Harrison Avenue Hike/Bike Fitness Trail, $300,000 shall be used	35265
for the Historic Loveland Bike Trail Parking Spur, $400,000 shall	35266
be used for the City of Sylvania River Trail, $285,545 shall be	35267
used for the Celina Westview Park Quad, $250,000 shall be used for	35268
the New Bremen Lions Park Development, $250,000 shall be used for	35269
the Montgomery County Agricultural Facility Improvements, $250,000	35270
shall be used for Northam Park, $250,000 shall be used for the	35271
Urban Youth Academy - Roselawn Park, $250,000 shall be used for	35272
the Miamisburg Riverfront Park, $218,000 shall be used for Laurel	35273
Park, Winesburg, $165,000 shall be used for the Fredericktown Bike	35274
Path, $150,000 shall be used for the Logan County Agricultural	35275
Facility Improvements, $150,000 shall be used for the Help All	35276
Kids Play Hilliard Fields Sports Complex, $150,000 shall be used	35277
for York Township Park, $150,000 shall be used for Eastview Park,	35278
$120,000 shall be used for the Shelby County Agricultural Facility	35279
Improvements, $100,000 shall be used for the Ohio to Erie Trail,	35280
$100,000 shall be used for Mt. Vernon Foundation Park, $100,000	35281
shall be used for the Shanes Park Expansion, $92,000 shall be used	35282
for the Defiance County Agricultural Facility Improvements,	35283
$50,000 shall be used for the Moonville Rail Trail Bridges and	35284
Construction, $50,000 shall be used for the All-Pro Freight	35285
Stadium Improvements, $50,000 shall be used for the Bowling Green	35286
Nature Center, $49,000 shall be used for the Lynchburg Old School	35287
Park, $45,000 shall be used for the Bruce L. Chapin Bridge -	35288
Northcoast Inland Trail, $40,000 shall be used for Pyramid Hill	35289
Sculpture Park, $35,000 shall be used for Coldwater Memorial Park,	35290
$32,300 shall be used for the Norwalk Soccer Shelter, $30,000	35291
shall be used for the Round Town Bike Trail, and $27,750 shall be	35292
used for the Shalersville Park Walking Trail.	35293

Sec. 239.10. FCC FACILITIES CONSTRUCTION COMMISSION

35294

Lottery Profits Education Fund (Fund 7017)	35295

C23014		Classroom Facilities Assistance Program – Lottery Profits		$	100,000,000		35296
TOTAL Lottery Profits Education Fund				$	100,000,000		35297

Public School Building Fund (Fund 7021)	35298

C230V9		School Security Grants		$	17,345,000		35299
TOTAL Public School Building Fund				$	17,345,000		35300

Administrative Building Fund (Fund 7026)	35301

C23016	Energy Conservation Projects	$	3,000,000	35302
C230E5	State Agency Planning/Assessment	$	500,000	35303
TOTAL Administrative Building Fund		$	3,500,000	35304

Cultural and Sports Facilities Building Fund (Fund 7030)	35305

C23022	Woodward Opera House Redevelopment	$	100,000	35306
C23023	OHS - Ohio History Center Exhibit Replacement	$	840,750	35307
C23024	OHS - Statewide Site Exhibit Renovation	$	420,000	35308
C23025	OHS - Statewide Site Repairs	$	1,152,700	35309
C23027	OHS - Zoar Village Building Restoration	$	502,500	35310
C23028	OHS - Basic Renovations and Emergency Repairs	$	850,000	35311
C23030	OHS - Rankin House State Memorial	$	653,000	35312
C23031	OHS - Harding Home State Memorial	$	250,000	35313
C23032	OHS - Ohio Historical Center Rehabilitation	$	985,000	35314
C23033	OHS - Stowe House State Memorial	$	300,000	35315
C23038	OHS - Fort Amanda State Memorial	$	395,000	35316
C23042	Tecumseh - Sugarloaf Mountain Amphitheatre	$	33,500	35317
C23044	OHS - Ohio River Museum	$	52,200	35318
C23045	OHS - Lockington Locks Stabilization	$	358,900	35319
C23057	OHS - Online Portal to Ohio's Heritage	$	1,246,000	35320
C23059	Lake Erie Nature and Science Center	$	300,000	35321
C23068	Huntington House	$	75,000	35322
C23077	Columbus Museum of Art: Expansion and Renovation Phase 3	$	1,101,000	35323
C23083	Stan Hywet Hall & Gardens Restoration	$	1,560,522	35324
C23091	Ohio Theatre - Toledo	$	201,000	35325
C23098	Twin City Opera House	$	400,000	35326
C230A1	Preble County Historical Society	$	50,000	35327
C230A6	Secrest Auditorium Renovation	$	125,000	35328
C230B1	Karamu House	$	1,060,522	35329
C230C5	OHS - Collections Storage Facility Object Evaluation	$	212,000	35330
C230C6	OHS - Historic Site Signage	$	300,000	35331
C230C8	OHS - Serpent Mound	$	397,900	35332
C230D1	OHS – Great Circle Earthworks	$	75,000	35333
C230D4	OHS - Fort Laurens	$	45,000	35334
C230E6	OHS - Exhibits for Native American Sites	$	500,000	35335
C230E7	OHS - Hayes Presidential Center	$	50,000	35336
C230E8	OHS - Armstrong Air and Space Museum	$	45,000	35337
C230E9	OHS - Museum of Ceramics	$	223,850	35338
C230F1	OHS - Campus Martius Museum	$	145,200	35339
C230F2	Second Century Project	$	200,000	35340
C230F3	Stuart's Opera House	$	500,000	35341
C230F4	The Gordon, Hauss, Folk Company Mill	$	250,000	35342
C230F5	Thatcher Temple Art Building	$	37,500	35343
C230F6	Fitton Center for Creative Arts	$	100,000	35344
C230F7	Oxford Community Arts Center	$	450,000	35345
C230F8	Gammon House Improvements	$	75,000	35346
C230F9	Clark State Community College Performing Arts Center	$	275,000	35347
C230G1	Murphy Theatre	$	150,000	35348
C230G2	Johnson-Humrick House Museum	$	57,960	35349
C230G3	Public artPARK	$	200,000	35350
C230G4	Schines Art Park	$	357,500	35351
C230G5	Bedford Historical Society	$	100,000	35352
C230G6	Rainey Institute - Safe Parking	$	$125,000	35353
C230G7	Ukrainian Museum - Archives	$	125,000	35354
C230G8	Cleveland African American Museum Restoration and Expansion	$	150,000	35355
C230G9	Great Lakes Science Center Omnimax Theatre	$	500,000	35356
C230H1	Cleveland Music School Settlement - Burke Mansion Performing Arts Center	$	255,000	35357
C230H2	Cozad Bates House	$	365,131	35358
C230H3	Beck Center	$	402,349	35359
C230H5	University Hospital Seidman Cancer Center Proton Therapy Center	$	500,000	35360
C230H7	Western Reserve Historical Society	$	750,000	35361
C230H9	Gordon Square Arts District	$	1,000,000	35362
~~C230J1~~	~~Rock and Roll Hall of Fame~~	$	~~1,060,522~~	35363
C230J4	Cleveland Museum of Natural History	$	2,500,000	35364
C230J5	Phillis Wheatley - Hunter's Cove House	$	350,000	35365
C230J6	West Side Market Renovation	$	500,000	35366
C230J7	Cardinal Center	$	75,000	35367
C230J8	War of 1812 Bicentennial Native American Bowery Education Center	$	24,913	35368
C230J9	St. Clair Memorial Hall	$	500,000	35369
C230K1	Historic Strand Theatre Renovation	$	150,000	35370
C230K2	Delaware Veterans Memorial Plaza	$	320,000	35371
C230K3	African-American Legacy Project	$	75,000	35372
C230K4	Ohio Glass Museum Furnace System	$	10,000	35373
C230K5	Saylor House and Reese-Peters House Preservation	$	20,000	35374
C230K6	Victoria Opera House Restoration Phase 2	$	30,000	35375
C230K7	Georgian Museum Storage Facility	$	30,000	35376
C230K8	Sherman House Museum	$	35,000	35377
C230K9	Washington Court House Auditorium Project	$	100,000	35378
C230L1	McCoy Community Center of the Arts - Video Projection System	$	50,000	35379
C230L2	Glass Axis Relocation	$	150,000	35380
C230L3	Harmony Project	$	300,000	35381
C230L4	CCAD Cinematic Arts and Motion Capture Studio and Auditorium	$	750,000	35382
C230L5	Columbus Theater-Based Community Development Project	$	1,000,000	35383
C230L6	Franklin Park Conservatory Joint Recreation District	$	1,000,000	35384
C230L7	Sauder Village - 1920 Homestead	$	300,000	35385
C230L8	Fulton County Visitor and Heritage Center	$	1,000,000	35386
C230L9	Ariel-Ann Carson Dater Performing Arts Centre	$	100,000	35387
C230M1	French Art Colony/Riverby Theatre Guild	$	100,000	35388
C230M2	Geauga County Historical Society	$	56,000	35389
C230M3	Chardon Lyric Theatre	$	50,000	35390
C230M4	Chardon Heritage House	$	200,000	35391
C230M5	Incline Theater Project	$	550,000	35392
C230M6	Cincinnati Art Museum - Make Room for Art	$	825,000	35393
C230M7	Hamilton County Memorial Hall	$	2,000,000	35394
C230M8	Cincinnati Zoo	$	2,000,000	35395
C230M9	Union Terminal Restoration	$	5,000,000	35396
C230N1	Cincinnati Music Hall Revitalization	$	5,000,000	35397
C230N2	Kan Du Community Arts Center	$	520,000	35398
C230N3	Findlay Central Auditorium	$	1,000,000	35399
C230N4	Appalachian Forest Museum	$	100,000	35400
C230N5	Logan Theater	$	25,000	35401
C230N6	Willard Train Viewing Platform	$	50,000	35402
C230N7	Markay Theatre Renovation	$	150,000	35403
C230N8	Grand Theater Restoration Project	$	140,000	35404
C230N9	South Leroy Historic Meeting House Restoration	$	15,000	35405
C230P1	Willoughby Fine Arts Association - Facility Expansion	$	500,000	35406
C230P2	Ironton Cultural Arts Operations Facility	$	100,000	35407
C230P3	Sterling Theater Revitalization Project	$	200,000	35408
C230P4	Logan County Veterans' Memorial Hall	$	250,000	35409
C230P5	Columbia Station 1812 Block House Project	$	28,000	35410
C230P6	Avon Isle Renovation Phase 2	$	82,775	35411
C230P7	Oberlin Gasholder Building/Underground Railroad Center	$	200,000	35412
C230P8	Carnegie Building Renovation	$	500,000	35413
C230P9	Toledo Zoo	$	750,000	35414
C230Q1	Imagination Station Improvements	$	695,000	35415
C230Q2	War of 1812 Exhibit	$	35,000	35416
C230Q3	Columbus Zoo and Aquarium	$	1,000,000	35417
C230Q4	Toledo Repertoire Theatre	$	150,000	35418
C230Q5	Valentine Theatre Initiative	$	136,000	35419
C230Q6	Southern Park Historic District	$	250,000	35420
C230Q7	Butler Institute of Art	$	279,717	35421
C230Q8	Stambaugh Auditorium	$	500,000	35422
C230Q9	Marion Palace Theatre	$	731,000	35423
C230R1	Bradford Rail Museum	$	275,000	35424
C230R2	K12 and TEJAS Building Project	$	50,000	35425
C230R3	River Run Murals Project	$	82,500	35426
C230R4	Dayton Contemporary Dance Company Studio Renovations	$	125,000	35427
C230R5	Wright Company Factory Project	$	250,000	35428
C230R6	Victoria Theatre and Metropolitan Arts Center	$	825,000	35429
C230R7	Preserving & Updating the Historic Dayton Art Institute	$	2,198,500	35430
C230R8	National Ceramic Museum and Heritage Center Renovation	$	100,000	35431
C230R9	Opera House Project	$	100,000	35432
C230S1	Tecumseh Theater - Opera House Restoration	$	140,000	35433
C230S2	Perry County Historical and Cultural Arts Center	$	341,600	35434
C230S3	Hayden Auditorium - Hiram	$	260,854	35435
C230S4	Majestic Theater Renovation	$	36,000	35436
C230S5	Lucy Webb Hayes Heritage Center Exterior Replacement and Restoration	$	100,000	35437
C230S6	Pumphouse Center for the Arts	$	130,000	35438
C230S7	Historic Sidney Theatre	$	500,000	35439
C230S8	Pro Football Hall of Fame	$	10,000,000	35440
C230S9	Park Theater Renovation	$	159,078	35441
C230T1	Akron Civic Theater	$	530,261	35442
C230T2	John Brown House and Grounds	$	50,000	35443
C230T3	Hale Farm	$	500,000	35444
C230T4	Urichsville Clay Museum	$	150,000	35445
C230T5	Mason Historical Society	$	350,000	35446
C230T6	Cincinnati Zoo - Big Cat Facility	$	1,000,000	35447
C230T7	Historic Theatre Restoration	$	500,000	35448
C230T8	County Line Historical Society	$	46,000	35449
C230T9	Pemberville Opera House Elevator Project	$	220,000	35450
C230U1	Wood County Historical Center & Museum Accessibility Project	$	600,000	35451
C230U2	Avon Lake - Folger House	$	150,000	35452
C230U3	DeYor Performing Arts Center	$	100,000	35453
TOTAL Cultural and Sports Facilities Building Fund		$	~~76,400,704~~ 75,340,182	35454

School Building Program Assistance Fund (Fund 7032)	35455

C23002	School Building Program Assistance	$	575,000,000	35456
TOTAL School Building Program Assistance Fund		$	575,000,000	35457
TOTAL ALL FUNDS		$	~~754,900,704~~ 771,185,182	35458

SCHOOL SECURITY GRANTS

35459

The foregoing appropriation item C230V9, School Security	35460
Grants, shall be used by the School Facilities Commission to	35461
provide funding to all public and chartered nonpublic schools for	35462
the purchase and installation of one Multi-Agency Radio	35463
Communications System (MARCS) unit per school building and a	35464
security door system, consisting of a security camera, an	35465
intercom, and remote access, at one main entrance per school	35466
building. If law enforcement agencies with jurisdiction over all	35467
or a portion of the geographical area of a public or chartered	35468
nonpublic school do not use MARCS, a public or chartered nonpublic	35469
school may purchase one emergency communications system compatible	35470
with the system or systems in use by law enforcement agencies with	35471
jurisdiction over the school territory. A public or chartered	35472
nonpublic school may apply to the School Facilities Commission for	35473
reimbursement up to $2,000 for one MARCS unit or other emergency	35474
communications system per school building and up to $5,000 for	35475
costs incurred with the purchase of a security door system	35476
installed on or after January 1, 2013. A public or chartered	35477
nonpublic school may receive reimbursement for either a MARCS unit	35478
or another emergency communications system, but not both. A school	35479
previously awarded funds for one of the grant items under this	35480
program may not receive a second award for that same grant item.	35481

STATE AGENCY PLANNING/ASSESSMENT

35482

The foregoing appropriation item C230E5, State Agency	35483
Planning/Assessment, shall be used by the Facilities Construction	35484
Commission to provide assistance to any state agency for	35485
assessment, capital planning, and maintenance management.	35486

GEAUGA COUNTY HISTORICAL SOCIETY

35487

Of the foregoing appropriation item C230M2, Geauga County	35488
Historical Society, $12,000 shall be used for Geauga Historical	35489
Society – White Barn Restoration, $18,000 shall be used for Geauga	35490
Historical Society – Maple Museum, and $26,000 shall be used for	35491
Geauga Historical Society – Lennah Bond Center.	35492

SCHOOL BUILDING PROGRAM ASSISTANCE

35493

The foregoing appropriation item C23002, School Building	35494
Program Assistance, shall be used by the School Facilities	35495
Commission to provide funding to school districts that receive	35496
conditional approval from the Commission pursuant to Chapter 3318.	35497
of the Revised Code.	35498

Reappropriations

Sec. 253.330. UCN UNIVERSITY OF CINCINNATI

35499

Higher Education Improvement Fund (Fund 7034)				35500
C26530	Medical Science Building Renovation and Expansion	$	9,700,000	35501
C26553	Developmental Neurobiology	$	294,637	35502
C26586	People Working Cooperatively	$	100,000	35503
C26604	Barrett Cancer Center	$	26,765	35504
C26606	Hebrew Union College	$	119,167	35505
C26615	Beech Acres	$	3,665	35506
~~C26616~~	~~Forest Park Homeland Security Facility~~	$	~~50,000~~	35507
C26628	Rieveschl 500 Teaching Lab	$	67,303	35508
C26657	Blue Ash City Conference Center	$	150,000	35509
C26666	Snyder Building Roof Replacement - Clermont	$	1,455,000	35510
C26669	General Electric Aviation Research Center	$	4,850,000	35511
C26671	Muntz Hall Renovations, 100 Level	$	298,290	35512
C26673	MRI Pilot Microfactory	$	77,600	35513
C26675	Kettering Lab – Mechanical and Electrical Renovation	$	286,152	35514
C26680	Muntz Hall Rehabilitation – Phase 1	$	1,150,000	35515
C26681	Institutional Roof Replacements	$	815,000	35516
C26686	Hamilton County Fairgrounds Improvements	$	50,000	35517
TOTAL Higher Education Improvement Fund		$	19,443,579	35518
TOTAL ALL FUNDS		$	19,443,579	35519

KETTERING LAB – MECHANICAL AND ELECTRICAL RENOVATION

35520

The amount reappropriated for the foregoing appropriation	35521
item C26675, Kettering Lab – Mechanical and Electrical Renovation,	35522
is the unencumbered and unallotted balance as of June 30, 2014, in	35523
appropriation item C26675, Kettering Lab - Mechanical and	35524
Electrical Renovation, plus the unencumbered and unallotted	35525
balance as of June 30, 2014, in appropriation items C26541,	35526
Student Services, and C26571, Gas Turbine Spray Combustion.	35527

MUNTZ HALL REHABILITATION – PHASE 1

35528

The amount reappropriated for the foregoing appropriation	35529
item C26680, Muntz Hall Rehabilitation - Phase 1, is the	35530
unencumbered and unallotted balance as of June 30, 2014, in	35531
appropriation item C26680, Muntz Hall Rehabilitation - Phase 1,	35532
plus the unencumbered and unallotted balance as of June 30, 2014,	35533
in appropriation items C26502, Raymond Walters Renovations, and	35534
C26667, Muntz Hall Roof Replacement – Blue Ash.	35535

INSTITUTIONAL ROOF REPLACEMENTS

35536

The amount reappropriated for the foregoing appropriation	35537
item C26681, Institutional Roof Replacements, is the unencumbered	35538
and unallotted balance as of June 30, 2014, in appropriation item	35539
C26681, Institutional Roof Replacements, plus the unencumbered and	35540
unallotted balance as of June 30, 2014, in appropriation item	35541
C26665, Health Professions Building Roof Repairs.	35542

HAMILTON COUNTY FAIRGROUNDS IMPROVEMENTS

35543

The amount reappropriated for the foregoing appropriation	35544
item C26686, Hamilton County Fairgrounds Improvements, is the	35545
unencumbered and unallotted balance as of June 30, 2014, in	35546
appropriation item C26686, Hamilton County Fairgrounds	35547
Improvements, plus the unencumbered and unallotted balance as of	35548
June 30, 2014, in appropriation item C26616, Forest Park Homeland	35549
Security Facility.	35550

Reappropriations

Sec. 269.10. MHA DEPARTMENT OF MENTAL HEALTH AND ADDICTION	35551
SERVICES	35552

Mental Health Facilities Improvement Fund (Fund 7033)				35553
C58000	Hazardous Materials Abatement	$	121,250	35554
C58001	Community Assistance Projects	$	485,000	35555
C58004	Demolition	$	145,500	35556
C58006	Patient Care/Environment Improvement	$	291,000	35557
C58007	Infrastructure Renovations	$	485,000	35558
C58008	Emergency Improvements	$	291,000	35559
C58009	Patient Environment Improvement Consolidation	$	1,202	35560
C58010	Campus Consolidation	$	4,850,000	35561
C58020	Mandel Jewish Community Center	$	210,000	35562
TOTAL Mental Health Facilities Improvement Fund		$	6,879,952	35563
TOTAL ALL FUNDS		$	6,879,952	35564

INFRASTRUCTURE RENOVATIONS

35565

The amount reappropriated for the foregoing appropriation	35566
item C58007, Infrastructure Renovations, is the unencumbered and	35567
unallotted balance as of June 30, 2014, plus $2,225,572. Prior to	35568
the expenditure of this reappropriation, the Director of Mental	35569
Health and Addiction Services shall certify to the Director of	35570
Budget and Management canceled encumbrances in the amount of at	35571
least $2,225,572.	35572

Sec. 701.50. DISASTER SERVICES

35573

Notwithstanding any other provision of law, upon the request	35574
of the Department of Public Safety, the Controlling Board may	35575
approve the transfer of up to ~~$4,000,000~~$8,000,000 from the	35576
Disaster Services Fund (Fund 5E20) to a fund and appropriation	35577
item used by the Department of Public Safety for Putnam County	35578
flood mitigation projects. Moneys in the designated fund shall be	35579
awarded to the local public agency that is leading the projects.	35580

Section 630.11. That existing Sections 207.100, 207.250,	35581
207.340, 207.440, 223.10, 239.10, 253.330, 269.10, and 701.50 of	35582
Am. H.B. 497 of the 130th General Assembly are hereby repealed.	35583

Section 640.10. That Section 9 of Am. Sub. S.B. 206 of the	35584
130th General Assembly be amended to read as follows:	35585

Sec. 9. All items in this section are hereby appropriated as	35586
designated out of any moneys in the state treasury to the credit	35587
of the designated fund. For all appropriations made in this act,	35588
those in the first column are for fiscal year 2014 and those in	35589
the second column are for fiscal year 2015. The appropriations	35590
made in this act are in addition to any other appropriations made	35591
for the FY 2014-FY 2015 biennium.	35592

Appropriations

JMO JOINT MEDICAID OVERSIGHT COMMITTEE	35593

General Revenue Fund	35594

GRF	048321	Operating Expenses	$	350,000	$	500,000	35595
TOTAL GRF General Revenue Fund			$	350,000	$	500,000	35596
TOTAL ALL BUDGET FUND GROUPS			$	350,000	$	500,000	35597

OPERATING EXPENSES

35598

The foregoing appropriation item 048321, Operating Expenses,	35599
shall be used to support expenses related to the Joint Medicaid	35600
Oversight Committee created by section 103.41 of the Revised Code.	35601

On July 1, 2014, or as soon as possible thereafter, the	35602
Executive Director of the Joint Medicaid Oversight Committee may	35603
certify to the Director of Budget and Management the amount of the	35604
unexpended, unencumbered balance of the foregoing appropriation	35605
item 048321, Operating Expenses, at the end of fiscal year 2014 to	35606
be reappropriated to fiscal year 2015. The amount certified is	35607
hereby reappropriated to the same appropriation item for fiscal	35608
year 2015.	35609

Section 640.11. That existing Section 9 of Am. Sub. S.B. 206	35610
of the 130th General Assembly is hereby repealed.	35611

Section 690.10. That Section 747.40 of Am. Sub. H.B. 59 of	35612
the 130th General Assembly is hereby repealed.	35613

Section 703.10. (A) There is hereby created the Mental Health	35614
and Addiction Services Planning for Ohio's Future Study Committee.	35615
The Committee shall review and make recommendations for improving	35616
access and dedicating consistent funding streams to this state's	35617
mental health and addiction services programming. The Committee	35618
shall consist of the following members:	35619

(1) The Director of Job and Family Services or the Director's	35620
designee;	35621

(2) The Medicaid Director or the Director's designee;

35622

(3) The Director of Mental Health and Addiction Services or	35623
the Director's designee;	35624

(4) The Director of Health or the Director's designee;

35625

(5) The Director of Rehabilitation and Corrections or the	35626
Director's designee;	35627

(6) The Director of Youth Services or the Director's	35628
designee;	35629

(7) The Attorney General or the Attorney General's designee;

35630

(8) The Chief Justice of the Supreme Court of Ohio or the	35631
Chief Justice's designee;	35632

(9) The Executive Director of the Ohio Commission on Minority	35633
Health;	35634

(10) The Superintendent of Public Instruction or the	35635
Superintendent's designee;	35636

(11) One representative from each of the following	35637
organizations, appointed by the organization's chief executive	35638
officer or the individual serving in an equivalent capacity for	35639
the organization:	35640

(a) The Association of Ohio Health Commissioners,	35641
Incorporated;	35642

(b) The County Commissioners' Association of Ohio;

35643

35644

(d) The Multiethnic Advocates for Cultural Competence,	35645
Incorporated;	35646

(e) The National Alliance on Mental Illness (NAMI) Ohio;

35647

(f) The National Association of Social Workers Ohio Chapter;

35648

(g) The Ohio Alliance of Recovery Providers;

35649

(h) The Ohio Association of Community Health Centers;

35650

(i) The Ohio Association of County Behavioral Health	35651
Authorities;	35652

(j) The Ohio Association of Health Plans;

35653

(k) The Ohio Children's Hospital Association;

35654

(l) Ohio Citizen Advocates for Addiction Recovery;

35655

(m) The Ohio Council of Behavioral Health and Family Services	35656
Providers;	35657

(n) The Ohio Empowerment Coalition;

35658

(o) The Ohio Hospital Association;

35659

(p) The Ohio Psychiatric Physicians Association;

35660

(q) The Ohio Psychological Association;

35661

(r) The Ohio Suicide Prevention Foundation.

35662

(12) One executive director of an alcohol, drug addiction,	35663
and mental health service district, who shall be selected by the	35664
directors of the six Ohio Department of Mental Health and	35665
Addiction Services regional psychiatric hospitals, to represent	35666
the six regional psychiatric hospitals.	35667

(B) Appointments to the Committee shall be made not later	35668
than fifteen days after the effective date of this section.	35669
Vacancies shall be filled in the same manner as the original	35670
appointments. The Committee shall convene not later than thirty	35671
days after the effective date of this section.	35672

(C) Members of the Committee shall serve without compensation	35673
or reimbursement for expenses incurred while serving on the	35674
Committee.	35675

(D) The Legislative Service Commission shall provide	35676
administrative support for the Committee.	35677

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

35678

(1) Review evidence of the correlation between effective,	35679
efficient, and evidence-based behavioral health programming and	35680
cost savings to this state;	35681

(2) Identify existing best practices for improving consumer	35682
access to mental health and addiction services programming;	35683

(3) Recommend a five-year vision that this state should adopt	35684
relating to mental health and addiction services and programming	35685
essential to help consumers lead safe, healthy, and productive	35686
lives in the community;	35687

(4) Recommend financial strategies to sustain the mental	35688
health and addiction services system of this state over time to	35689
create a state funding stream that is constant and does not	35690
fluctuate with every state budget proposal;	35691

(5) Ensure that all recommendations adhere to state and	35692
federal law.	35693

(F) The Committee shall prepare a report of its findings and	35694
recommendations and, not later than December 31, 2014, submit the	35695
report to the General Assembly and the Governor. Upon submission	35696
of the report, the Committee shall cease to exist.	35697

Section 719.10. On and after the effective date of this act,	35698
the full-time judge of the Avon Lake Municipal Court, who prior to	35699
the effective date of this act was the part-time judge of that	35700
court, shall perform the duties of a full-time judge of a	35701
municipal court, shall receive the salary specified in law for a	35702
full-time judge of a municipal court, and shall be subject to any	35703
restriction specified in law for a full-time judge of a municipal	35704
court.	35705

Section 729.10. (A)(1) There is hereby created the Criminal	35706
Justice Recodification Committee, consisting of nineteen members.	35707
Two members shall be members of the Senate, appointed by the	35708
President of the Senate. Two members shall be members of the House	35709
of Representatives, appointed by the Speaker of the House of	35710
Representatives. One member shall be the Director of	35711
Rehabilitation and Correction or the Director's individual	35712
designee. Three members, not more than two of whom shall be	35713
members of the same political party, shall be judges jointly	35714
appointed by the President of the Senate and the Speaker of the	35715
House of Representatives after consulting with the Chief Justice	35716
of the Supreme Court, with each judge being a judge of a court of	35717
appeals, judge of a court of common pleas, judge of a municipal	35718
court, or judge of a county court. The following eleven members,	35719
not more than six of whom shall be members of the same political	35720
party, shall be jointly appointed by the President of the Senate	35721
and the Speaker of the House of Representatives after consulting	35722
with the appropriate state associations, if any, that are	35723
represented by these members: one sheriff; one peace officer of a	35724
municipal corporation or township; three prosecutors, each of whom	35725
is a county prosecuting attorney or a full-time city prosecuting	35726
attorney; three attorneys whose practice of law primarily involves	35727
the representation of criminal defendants; one member of the Ohio	35728
State Bar Association; one representative of community corrections	35729
programs; and one representative of community addiction services	35730
providers or community mental health services providers.	35731

All appointed members of the Committee shall be appointed by	35732
the specified appointing authority not later than thirty days	35733
after the effective date of this section. All members of the	35734
Committee who are elected officials and whose term of office	35735
expires prior to January 1, 2016, shall serve until the expiration	35736
of their term of office. Any vacancy on the Committee shall be	35737
filled in the same manner as the original appointment.	35738

When the President of the Senate and the Speaker of the House	35739
of Representatives make their appointments to the Committee, they	35740
shall consider adequate representation by race and gender.	35741

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

35742

(a) "Community addiction services provider" and "community	35743
mental health services provider" have the same meanings as in	35744
section 5119.01 of the Revised Code.	35745

(b) "Community corrections programs" has the same meaning as	35746
in section 5149.30 of the Revised Code.	35747

(B) The Committee initially shall meet not later than sixty	35748
days after the effective date of this act. At its initial meeting,	35749
the Committee shall organize, select a Chairperson and	35750
Vice-chairperson and any other necessary officers, and adopt rules	35751
to govern its proceedings. The Committee shall meet as necessary	35752
at the call of the Chairperson or on the written request of seven	35753
or more of its members. Nine members of the Committee constitute a	35754
quorum, and the votes of a majority of the quorum present shall be	35755
required to validate any action of the Committee. All business of	35756
the Committee shall be conducted in public meetings.	35757

The members of the Committee shall serve without	35758
compensation, but each member shall be reimbursed for the member's	35759
actual and necessary expenses incurred in the performance of the	35760
member's official duties on the Committee. In the absence of the	35761
Chairperson, the Vice-chairperson shall perform the duties of the	35762
Chairperson.	35763

(C) The Committee has the same powers as other standing or	35764
select committees of the General Assembly. The Legislative Service	35765
Commission shall provide to the Committee, upon its request,	35766
research and technical services and support. Independent of this	35767
provision of services and support, the Committee may consult with,	35768
and seek and obtain research and technical services and support	35769
from, any individual, organization, association, college, or	35770
university. All state and local government agencies and entities	35771
shall cooperate with the Committee in the performance of its	35772
duties under this section and Section 729.11 of this act.	35773

Section 729.11. (A) The Criminal Justice Recodification	35774
Committee shall study the existing criminal statutes of this	35775
state, with the goal of enhancing public safety and the	35776
administration of criminal justice in Ohio by eliminating	35777
duplication in those statutes, aligning those statutes with the	35778
purpose of defining a culpable mental state for all crimes,	35779
removing or revising crimes included in those statutes for which	35780
no culpable mental state is provided, and other appropriate	35781
measures. The Committee shall use the results of its study to	35782
develop and recommend to the General Assembly a comprehensive plan	35783
for revising the state's Criminal Code that is consistent with	35784
those specified goals of the study.	35785

(B) Not later than January 1, 2016, the Criminal Justice	35786
Recodification Committee shall recommend to the General Assembly a	35787
comprehensive plan for revising the state's Criminal Code that is	35788
consistent with the goals of the Committee's study that are	35789
specified in division (A) of this section.	35790

(C) Upon its submission to the General Assembly pursuant to	35791
division (B) of this section of its recommendations for a	35792
comprehensive plan for revising the state's Criminal Code, the	35793
Criminal Justice Recodification Committee shall cease to exist.	35794

Section 735.10. Rule 111-3-05 of the Administrative Code,	35795
which regulates corporate and labor organization political	35796
communications, is void.	35797

Section 737.10. As used in this section, "federally	35798
qualified health center" and "federally qualified health center	35799
look-alike" have the same meanings as in section 3701.047 of the	35800
Revised Code.	35801

(A) Not later than January 1, 2015, the Director of Health	35802
shall establish a prenatal group health care pilot program that is	35803
based on the CenteringPregnancy model of care and the University	35804
of Cincinnati Social Determinants Program developed by the	35805
Centering Healthcare Institute and the University of Cincinnati	35806
Division of Community Women's Health. The pilot program shall be	35807
operated for three years at four federally qualified health	35808
centers or federally qualified health center look-alikes selected	35809
by the Director in accordance with division (B) of this section.	35810
Two participants must be located in a rural area, and two	35811
participants must be located in an urban area.	35812

(B) The Director shall develop a process to be used in	35813
issuing a request for proposals to federally qualified health	35814
centers and federally qualified health center look-alikes in this	35815
state, receiving responses to the request, and evaluating the	35816
responses on a competitive basis. In the request for proposals,	35817
the Director shall specify that a pilot program participant must	35818
be able to demonstrate that it can meet all of the following	35819
requirements:	35820

(1) Has space to comfortably host pilot program groups	35821
consisting of up to twenty persons;	35822

(2) Has adequate in-kind resources to contribute to the pilot	35823
program, including existing medical staff;	35824

(3) Is an active obstetrical clinic, where prenatal medical	35825
care is provided on site and has had, on average, at least one	35826
hundred patients give birth annually in the years recently	35827
preceding the effective date of this section;	35828

(4) Is able to designate at least one employee to serve as	35829
pilot program Coordinator;	35830

(5) Agrees to implement before July 1, 2015, all the	35831
requirements of the University of Cincinnati Social Determinants	35832
Program;	35833

(6) Provides referral and access to care coordination and	35834
home visitation services for those patients participating in the	35835
pilot program;	35836

(7) Is willing to share research and quality improvement data	35837
and participate in a collaborative exchange of information with	35838
other pilot program participants;	35839

(8) Any other requirements established by the Director.

35840

(C) The Director shall convene a committee to assist the	35841
Director in evaluating submitted proposals and selecting pilot	35842
program participants. At least one member of the committee shall	35843
represent the Ohio Association of Community Health Centers and one	35844
member shall represent the University of Cincinnati Division of	35845
Community Women's Health.	35846

(D) The pilot program's goals shall include all of the	35847
following:	35848

(1) Decreasing the number of infants born preterm (prior to	35849
37 weeks of pregnancy) whose birth weight is less than two	35850
thousand five hundred grams;	35851

(2) Increasing the number of pregnant patients who begin	35852
prenatal care during their first trimester of pregnancy, consume	35853
appropriate amounts of folic acid, stop smoking, and are screened	35854
for depression, the human immunodeficiency virus (HIV), diabetes,	35855
and poor oral health;	35856

(3) Increasing the number of women who breastfeed their	35857
infants.	35858

(E) The Ohio Association of Community Health Centers and	35859
University of Cincinnati Division of Community Women's Health	35860
shall assist the Director with the pilot program's operation. To	35861
that end, the Association shall employ a part-time infant	35862
mortality program coordinator and the Division shall employ a	35863
full-time program coordinator and a full-time quality improvement	35864
consultant whose duties include providing technical assistance to	35865
pilot program participants, collecting data regarding the program,	35866
and monitoring the program's success.	35867

(F) Not later than January 1 of each year beginning in 2016,	35868
the Director shall prepare a written report that summarizes the	35869
data that has been collected on the program in the preceding	35870
twelve months; evaluates the program's achievement toward its	35871
goals, including those specified in division (D) of this section;	35872
makes recommendations for the program's future; and provides any	35873
other information the Director considers appropriate for inclusion	35874
in the report. On completion, the report shall be submitted to the	35875
Governor and, in accordance with section 101.68 of the Revised	35876
Code, the General Assembly.	35877

Section 745.10. (A) There is hereby created the Maritime	35878
Port Funding Study Committee. The committee shall consist of the	35879
following ten members who shall be appointed not later than thirty	35880
days after the effective date of this section:	35881

(1) Two members of the Senate, one of whom shall be a member	35882
of the majority party and one of whom shall be a member of the	35883
minority party, both appointed by the President of the Senate;	35884

(2) Two members of the House of Representatives, one of whom	35885
shall be a member of the majority party and one of whom shall be a	35886
member of the minority party, both appointed by the Speaker of the	35887
House of Representatives;	35888

(3) Two members appointed by the Governor, one of whom shall	35889
be from the Ohio Department of Transportation and be knowledgeable	35890
about maritime ports and one of whom shall be from the Development	35891
Services Agency;	35892

(4) Four members appointed jointly by the President of the	35893
Senate and the Speaker of the House of Representatives, each of	35894
whom shall represent maritime port interests on behalf of a major	35895
maritime port and none of whom shall represent the same maritime	35896
port.	35897

(B) The Committee shall select a chairperson and	35898
vice-chairperson from among its members. The Committee first shall	35899
meet within one month after the effective date of this section at	35900
the call of the President of the Senate. Thereafter, the Committee	35901
shall meet at the call of its chairperson as necessary to carry	35902
out its duties. Members of the Committee are not entitled to	35903
compensation for serving on the Committee, but may continue to	35904
receive the compensation and benefits accruing from their regular	35905
offices or employments. The Legislative Service Commission shall	35906
provide the legislative members of the Committee with technical	35907
and clerical staff as is necessary for those members to	35908
successfully and efficiently fulfill their duties as committee	35909
members.	35910

(C) The Committee shall study alternative funding mechanisms	35911
for maritime ports in Ohio that may be utilized beginning in	35912
fiscal year 2016-2017. Not later than January 1, 2015, the Study	35913
Committee shall issue a report of its findings and recommendations	35914
to the Governor, the President of the Senate, the Minority Leader	35915
of the Senate, the Speaker of the House of Representatives, and	35916
the Minority Leader of the House of Representatives. After	35917
submitting the report, the Study Committee shall cease to exist.	35918

Section 745.20. Not later than January 23, 2015, the	35919
Department of Public Safety, in consultation with the Department	35920
of Administrative Services, shall submit a written recommendation	35921
to the 131st General Assembly that specifies a formula, method, or	35922
schedule by which user fees for the Multi-agency Radio	35923
Communications System may be reduced from their current amounts.	35924

Section 747.10. LICENSING PERIOD FOR TERMINAL DISTRIBUTORS OF	35925
DANGEROUS DRUGS	35926

In the case of a terminal distributor of dangerous drugs	35927
holding a license issued or renewed pursuant to section 4729.54 of	35928
the Revised Code that is valid on the effective date of this	35929
section, the license remains in effect until April 1, 2015, unless	35930
earlier revoked or suspended. The license holder is subject to the	35931
renewal schedule established by division (I) of section 4729.54 of	35932
the Revised Code, as amended by this act.	35933

Section 747.20. Rule 4781-1-02 of the Administrative Code,	35934
which requires the Manufactured Homes Commission headquarters to	35935
be in Dublin, Ohio, is void.	35936

Section 747.30. PRESCRIBER ACCESS TO OARRS

35937

As used in this section, "licensed health professional	35938
authorized to prescribe drugs" means an individual who is	35939
authorized by law to prescribe drugs, dangerous drugs, or drug	35940
therapy-related devices in the course of the individual's	35941
professional practice, including only the following: a dentist	35942
licensed under Chapter 4715. of the Revised Code, an advanced	35943
practice registered nurse who holds a certificate to prescribe	35944
issued under Chapter 4723. of the Revised Code, an optometrist	35945
licensed under Chapter 4725. of the Revised Code to practice	35946
optometry under a therapeutic pharmaceutical agents certificate, a	35947
physician assistant who holds a certificate to prescribe issued	35948
under Chapter 4730. of the Revised Code, and a physician	35949
authorized under Chapter 4731. of the Revised Code to practice	35950
medicine and surgery, osteopathic medicine and surgery, or	35951
podiatric medicine and surgery.	35952

Not later than January 1, 2015, each licensed health	35953
professional authorized to prescribe drugs who prescribes opioid	35954
analgesics or benzodiazepines and each pharmacist licensed under	35955
Chapter 4729. of the Revised Code shall obtain access to the drug	35956
database established and maintained by the State Board of Pharmacy	35957
pursuant to section 4729.75 of the Revised Code, unless the Board	35958
has restricted the professional or pharmacist from obtaining	35959
information from the database or the Board no longer maintains the	35960
database. Failure to comply with this section constitutes grounds	35961
for certificate or license suspension.	35962

Section 751.20. WORKFORCE INTEGRATION TASK FORCE

35963

(A) A workforce integration task force for individuals who	35964
are deaf or blind is hereby established within the Opportunities	35965
for Ohioans with Disabilities Agency. The task force shall be	35966
co-chaired by the Executive Director of the Opportunities for	35967
Ohioans with Disabilities Agency and the Director of the	35968
Department of Job and Family Services. The co-chairs shall appoint	35969
the members of the task force.	35970

(B) The task force shall collect data on the following	35971
regarding individuals who are deaf or blind in Ohio:	35972

(1) The average income levels for those individuals who are	35973
employed compared to those who are not employed;	35974

(2) The number of those individuals;

35975

(3) Where those individuals are geographically located;

35976

(4) The number of those individuals who are employed and in	35977
what job categories they are employed;	35978

(5) Whether barriers to employment exist for those	35979
individuals.	35980

(C) The task force shall use the data collected and any other	35981
information necessary to make recommendations regarding how those	35982
individuals may be more fully integrated into the workforce to	35983
increase employability and income parity. The task force shall	35984
issue a report of its findings and recommendations to the Governor	35985
not later than January 1, 2015. Upon issuance of its report, the	35986
task force ceases to exist.	35987

Section 751.35. OHIO WORKS FIRST EMPLOYMENT INCENTIVE PILOT	35988
PROGRAM	35989

(A) As used in this section, "TANF funds" means both of the	35990
following:	35991

(1) Federal funds provided under the temporary assistance for	35992
needy families block grant established by Title IV-A of the	35993
"Social Security Act," 42 U.S.C. 601, et seq.;	35994

(2) State maintenance of effort funds used to avoid a	35995
reduction in the federal funds specified in division (A)(1) of	35996
this section.	35997

(B) The Director of Job and Family Services shall establish	35998
the Ohio Works First Employment Incentive Pilot Program. The pilot	35999
program shall be operated for three years in counties served by	36000
five county departments of job and family services the Director	36001
selects. The Director may select county departments that serve one	36002
county, county departments that serve multiple counties, or both	36003
types of county departments. Subject to available TANF funds and	36004
in accordance with rules adopted under this section, the pilot	36005
program shall provide for a caseworker of a county department of	36006
job and family services participating in the pilot program	36007
receiving a bonus each time a former Ohio Works First participant	36008
who the caseworker helped find employment has not been an Ohio	36009
Works First participant for six months because the former	36010
participant ceased to qualify for Ohio Works First due to	36011
increased earned income resulting from the former participant's	36012
employment.	36013

(C) A county department of job and family services	36014
participating in the pilot program may contract with one or more	36015
private entities to perform tasks for the county department under	36016
the program.	36017

(D) The Director shall adopt rules in accordance with Chapter	36018
119. of the Revised Code to implement the pilot program, including	36019
rules that do all of the following:	36020

(1) Specify the bonus a caseworker is to receive under the	36021
pilot program;	36022

(2) Establish procedures to be used to do either of the	36023
following when more than one caseworker qualifies for the same	36024
bonus:	36025

(a) Determine which caseworker is to receive the bonus;

36026

(b) Divide the bonus among the caseworkers.

36027

(3) Address any other matters the Director considers	36028
necessary to implement the pilot program.	36029

(E) Not later than ninety days after the termination of the	36030
pilot program, the Director shall submit a report about the	36031
program to the Governor and, in accordance with section 101.68 of	36032
the Revised Code, the General Assembly. The Director shall make	36033
the report available to the public. The report shall include	36034
information about the pilot program's effectiveness in encouraging	36035
caseworkers to help Ohio Works First participants obtain	36036
employment and cease participation in Ohio Works First. The report	36037
also shall include recommendations for any changes that should be	36038
made to the pilot program before it is made permanent and expanded	36039
statewide.	36040

(F) The Department of Job and Family Services shall allocate	36041
$50,000 in fiscal year 2015 from appropriation item 600689, TANF	36042
Block Grant, in Am. Sub. H.B. 59 of the 130th General Assembly to	36043
each of the five county departments of job and family services	36044
participating in the Ohio Works First Employment Incentive Pilot	36045
Program. The county departments shall use the funds for the	36046
administrative expenses they incur in participating in the pilot	36047
program.	36048

Section 751.37. WORKGROUP TO HELP INDIVIDUALS TO CEASE	36049
RELYING ON PUBLIC ASSISTANCE	36050

(A) The Governor shall convene a workgroup to develop	36051
proposals to help individuals to cease relying on public	36052
assistance as defined in section 5101.26 of the Revised Code. Not	36053
later than thirty days after the effective date of this section,	36054
the Governor shall appoint all of the following to the workgroup:	36055

(1) The directors of the county departments of job and family	36056
services that serve the three most populous counties in the state;	36057

(2) The directors of three county departments of job and	36058
family services that serve rural counties;	36059

(3) The directors of three other county departments of job	36060
and family services.	36061

(B) A county department director appointed to the workgroup	36062
may designate another representative of the county department to	36063
serve in the director's place on the workgroup on a temporary or	36064
ongoing basis as needed. County department directors appointed to	36065
the workgroup and their designees shall serve without	36066
compensation, except to the extent that serving on the workgroup	36067
is part of their regular duties of employment.	36068

(C) The Governor shall designate one of the county department	36069
directors appointed to the workgroup to serve as the workgroup's	36070
chairperson. The workgroup shall meet at the chairperson's call.	36071

(D) The Department of Job and Family Services shall provide	36072
support staff and meeting space as necessary to facilitate the	36073
workgroup's work.	36074

(E) Not later than one hundred eighty days after the	36075
effective date of this section, the workgroup shall issue a report	36076
of the workgroup's proposals. The report shall be submitted to the	36077
Governor and, in accordance with section 101.68 of the Revised	36078
Code, the General Assembly. The report is a public record for the	36079
purpose of section 149.43 of the Revised Code. The workgroup shall	36080
cease to exist on issuance of the report.	36081

Section 751.40. SUPPORT FOR START TALKING! INITIATIVE

36082

The Director of Mental Health and Addiction Services shall	36083
designate an employee who is certified as a prevention specialist	36084
by the Chemical Dependency Professionals Board to serve as	36085
coordinator for the Start Talking! Initiative and to assist with	36086
statewide efforts to prevent substance abuse among children.	36087

Section 751.110. RETURNING OFFENDERS

36088

(A) As used in this section:

36089

"Returning offender" means an individual who is released from	36090
confinement in a state correctional facility to live in the	36091
community on or after the effective date of this section.	36092

"State correctional facility" has the same meaning as in	36093
section 2967.01 of the Revised Code.	36094

(B) Subject to division (C) of this section, the boards of	36095
alcohol, drug addiction, and mental health services serving	36096
Cuyahoga, Franklin, Hamilton, Montgomery, and Summit counties	36097
shall prioritize the use of funds made available to the boards by	36098
the Department of Mental Health and Addiction Services under Am.	36099
Sub. H.B. 59 of the 130th General Assembly to temporarily assist	36100
returning offenders who have severe mental illnesses, severe	36101
substance use disorders, or both, and reside in the alcohol, drug	36102
addiction, and mental health service districts the boards serve,	36103
obtain Medicaid-covered community mental health services,	36104
Medicaid-covered community drug addiction services, or both. A	36105
board shall provide the temporary assistance to such a returning	36106
offender regardless of whether the returning offender resided in	36107
the district the board serves before being confined in a state	36108
correctional facility. Such a returning offender's priority for	36109
the temporary assistance shall end on the earlier of the	36110
following:	36111

(1) The date that the offender is enrolled in the Medicaid	36112
program or, if applicable, the date that the suspension of the	36113
offender's Medicaid eligibility ends pursuant to section 5163.45	36114
of the Revised Code;	36115

(2) Sixty days after the offender is released from	36116
confinement in a state correctional facility.	36117

(C) The assistance provided to returning offenders under this	36118
section shall not receive priority over community addiction	36119
services that are prioritized under section 340.15 of the Revised	36120
Code or the program for pregnant women with drug addictions	36121
developed under section 5119.17 of the Revised Code.	36122

Section 751.120. NURSING FACILITY BEHAVIORAL HEALTH ADVISORY	36123
WORKGROUP	36124

(A) There is hereby created the Nursing Facility Behavioral	36125
Health Advisory Workgroup. The Workgroup shall consist of all of	36126
the following members:	36127

(1) The Executive Director of the Governor's Office of Health	36128
Transformation or the Executive Director's designee;	36129

(2) The Director of Mental Health and Addiction Services or	36130
the Director's designee;	36131

(3) The Director of Health or the Director's designee;

36132

(4) The Medicaid Director or the Director's designee;

36133

(5) The State Long-Term Care Ombudsman or the Ombudsman's	36134
designee;	36135

(6) Two representatives from each of the following, appointed	36136
by the organization's chief executive officer or the individual	36137
serving in an equivalent capacity for the organization:	36138

(a) Ohio Health Care Association;

36139

(b) LeadingAge Ohio;

36140

36141

(d) The Academy of Senior Health Sciences.

36142

(7) Two members of the House of Representatives, one from the	36143
majority party and the other from the minority party, appointed by	36144
the Speaker of the House of Representatives;	36145

(8) Two members of the Senate, one from the majority party	36146
and the other from the minority party, appointed by the Senate	36147
President.	36148

(B) Members of the Workgroup shall be appointed not later	36149
than fifteen days after the effective date of this section.	36150
Vacancies shall be filled in the same manner as the original	36151
appointments. Each member shall serve without compensation or	36152
reimbursement for expenses incurred while serving on the	36153
Workgroup, except to the extent that serving on the Workgroup is	36154
considered to be among the member's employment duties.	36155

(C) The Executive Director of the Governor's Office of Health	36156
Transformation or the Executive Director's designee shall serve as	36157
chairperson of the Workgroup. The Department of Medicaid shall	36158
provide staff and other support services for the Workgroup.	36159

(D) The Workgroup shall develop recommendations for a pilot	36160
project to designate a total of not more than one thousand beds in	36161
discrete units of nursing facilities to serve individuals with	36162
behavioral health needs. The recommendations shall include both of	36163
the following:	36164

(1) Standards for designating the discrete units;

36165

(2) Standards for enhanced Medicaid payments for services	36166
provided in the discrete units.	36167

(E) Not later than December 31, 2014, the Workgroup shall	36168
submit a report to the General Assembly in accordance with section	36169
101.68 of the Revised Code. The report shall include the	36170
Workgroup's findings and recommendations the pilot project	36171
described in division (D) of this section.	36172

(F) The Workgroup shall cease to exist on submission of its	36173
report.	36174

Section 751.130. (A) There is hereby created the Adult	36175
Protective Services Funding Workgroup in the Department of Job and	36176
Family Services.	36177

(B) The Workgroup shall consist of the following members:

36178

(1) The Director of Job and Family Services or the Director's	36179
designee;	36180

(2) The Director of Budget and Management or the Director's	36181
designee;	36182

(3) The Director of Health Transformation or the Director's	36183
designee;	36184

(4) The Director of Aging or the Director's designee;

36185

(5) A representative of the Office of the Governor, appointed	36186
by the Governor;	36187

(6) Two members of the House of Representatives, one from the	36188
majority party and the other from the minority party, appointed by	36189
the Speaker of the House of Representatives;	36190

(7) Two members of the Senate, one from the majority party	36191
and the other from the minority party, appointed by the President	36192
of the Senate;	36193

(8) One representative of the Ohio Job and Family Services	36194
Executive Directors' Association, appointed by the Governor;	36195

(9) One representative of the County Commissioners	36196
Association of Ohio, appointed by the Governor;	36197

(10) A representative of the AARP, appointed by the Governor;

36198

(11) Representatives of any other entities or organizations	36199
the Director of Job and Family Services determines are necessary,	36200
appointed by the Governor.	36201

(C) Members of the Workgroup shall be appointed not later	36202
than seven days after the effective date of this section.	36203

(D) The Director of Job and Family Services shall serve as	36204
the chairperson of the Workgroup.	36205

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

36206

(1) Investigate programmatic or financial gaps in the adult	36207
protective services system;	36208

(2) Identify best practices currently employed at the county	36209
level as well as those that can be integrated into the system;	36210

(3) Identify areas of overlap and linkages across all human	36211
services programs;	36212

(4) Coordinate with the Children Services Funding Workgroup	36213
in the Department of Job and Family Services, if the Children	36214
Services Funding Workgroup is created in the Department.	36215

(F) Not later than 120 days after the effective date of this	36216
section, the Workgroup shall make recommendations to the	36217
Department of Job and Family Services about a distribution method	36218
for the $10 million in appropriation item 911421 for possible	36219
submission to the Controlling Board.	36220

(G) The Workgroup ceases to exist one year after the	36221
effective date of this section.	36222

Section 751.140. (A) There is hereby created the Children	36223
Services Funding Workgroup in the Department of Job and Family	36224
Services.	36225

(B) The Workgroup shall consist of the following members:

36226

(1) The Director of Job and Family Services or the Director's	36227
designee;	36228

(2) The Director of Budget and Management or the Director's	36229
designee;	36230

(3) The Director of Health Transformation or the Director's	36231
designee;	36232

(4) A representative of the Office of the Governor, appointed	36233
by the Governor;	36234

(5) Two members of the House of Representatives, one from the	36235
majority party and one from the minority party, appointed by the	36236
Speaker of the House of Representatives;	36237

(6) Two members of the Senate, one from the majority party	36238
and one from the minority party, appointed by the President of the	36239
Senate;	36240

(7) One representative of the Public Children Services	36241
Association of Ohio, appointed by the Governor;	36242

(8) One representative from the Ohio Department of Job and	36243
Family Services Executive Directors' Association, appointed by the	36244
Governor;	36245

(9) One representative from the County Commissioners	36246
Association of Ohio, appointed by the Governor;	36247

(10) Representatives of any other entities or organizations	36248
the Director of the Department of Job and Family Services	36249
determines to be necessary, appointed by the Governor.	36250

(C) Members of the Workgroup shall be appointed not later	36251
than seven days after the effective date of this section.	36252

(D) The Director of Job and Family Services shall serve as	36253
the chairperson of the Workgroup.	36254

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

36255

(1) Investigate programmatic or financial gaps in the	36256
children services funding system;	36257

(2) Identify best practices currently employed at the county	36258
level as well as those that can be integrated into the system;	36259

(3) Identify areas of overlap and linkages across all human	36260
services programs;	36261

(4) Coordinate with the Adult Protective Services Funding	36262
Workgroup in the Department of Job and Family Services, if an	36263
Adult Protective Services Funding Workgroup is created in the	36264
Department.	36265

(F) Not later than 120 days after the effective date of this	36266
section, the Workgroup shall make recommendations to the Director	36267
of Job and Family Services about a distribution method for the	36268
$6.8 million appropriated to appropriation item 911420, Children	36269
Services, for possible submission to the Controlling Board. This	36270
distribution method shall focus on targeted areas, including, but	36271
not limited to, adoption, visitation, recurrence, and re-entry.	36272

(G) The Workgroup ceases to exist one year after the	36273
effective date of this section.	36274

Section 752.10. MORATORIUM ON STRS MITIGATING RATE

36275

Notwithstanding division (D) of section 3305.06 and section	36276
3305.061 of the Revised Code, the percentage of an electing	36277
employee's compensation contributed to the State Teachers	36278
Retirement System by a public institution of higher education	36279
under division (D) of section 3305.06 of the Revised Code to	36280
mitigate any financial impact of an alternative retirement program	36281
on the retirement system shall not exceed four and one-half per	36282
cent. The percentage shall be effective until July 1, 2015.	36283

Section 752.20. ORSC STUDY OF ARP MITIGATING RATE

36284

(A) The Ohio Retirement Study Council shall study the	36285
applicability, operation, and efficacy of the percentage of an	36286
electing employee's compensation contributed by a public	36287
institution of higher education under division (D) of section	36288
3305.06 of the Revised Code to mitigate any financial impact of an	36289
alternative retirement program on the Public Employees Retirement	36290
System, State Teachers Retirement System, and School Employees	36291
Retirement System and make recommendations on any changes in	36292
determining the appropriate mitigating rate. The study shall	36293
research the historical impact of the mitigating rate and whether	36294
its purpose is being served.	36295

(B) Not later than December 31, 2014, the Council shall	36296
prepare and submit to the Governor, the President of the Senate,	36297
and the Speaker of the House of Representatives a report of its	36298
findings and recommendations.	36299

Section 757.20. (A) As used in this section:

36300

(1) "Certificate owner" and "qualified rehabilitation	36301
expenditures" have the same meanings as in section 149.311 of the	36302
Revised Code.	36303

(2) "Taxpayer," "tax period," "excluded person," "combined	36304
taxpayer," and "consolidated elected taxpayer," have the same	36305
meanings as in section 5751.01 of the Revised Code.	36306

(3) "Pass-through entity" has the same meaning as in section	36307
5733.04 of the Revised Code.	36308

(B) A taxpayer that is the certificate owner of a	36309
rehabilitation tax credit certificate issued under section 149.311	36310
of the Revised Code may claim a credit against the tax levied by	36311
section 5751.02 of the Revised Code for tax periods ending on or	36312
before June 30, 2015, provided that the taxpayer is unable to	36313
claim the credit under section 5725.151, 5725.34, 5726.52,	36314
5729.17, 5733.47, or 5747.76 of the Revised Code.	36315

The credit shall equal the lesser of twenty-five per cent of	36316
the dollar amount of the qualified rehabilitation expenditures	36317
indicated on the certificate or five million dollars. The credit	36318
shall be claimed for the calendar year specified in the	36319
certificate and after the credits authorized in divisions (A)(1)	36320
to (4) of section 5751.98 of the Revised Code, but before the	36321
credits authorized in divisions (A)(5) to (7) of that section.	36322

If the credit allowed for any calendar year exceeds the tax	36323
otherwise due under section 5751.02 of the Revised Code, after	36324
allowing for any other credits preceding the credit in the order	36325
prescribed by this section, the excess shall be refunded to the	36326
taxpayer. However, if any amount of the credit is refunded, the	36327
sum of the amount refunded and the amount applied to reduce the	36328
tax otherwise due for that year shall not exceed three million	36329
dollars. The taxpayer may carry forward any balance of the credit	36330
in excess of the amount claimed for that year for not more than	36331
five calendar years after the calendar year specified in the	36332
certificate, and shall deduct any amount claimed in any such year	36333
from the amount claimed in an ensuing year.	36334

A person that is an excluded person may file a return under	36335
section 5751.051 of the Revised Code for the purpose of claiming	36336
the credit authorized in this section.	36337

If the certificate owner is a pass-through entity, the credit	36338
may not be allocated among the entity's owners in proportions or	36339
amounts as the owners mutually agree unless either the owners are	36340
part of the same combined or consolidated elected taxpayer as the	36341
pass-through entity or the director of development services issued	36342
the certificate in the name of the pass-through entity's owners in	36343
the agreed-upon proportions or amounts. If the credit is allocated	36344
among those owners, an owner may claim the credit authorized in	36345
this section only if that owner is a corporation or an association	36346
taxed as a corporation for federal income tax purposes and is not	36347
a corporation that has made an election under Subchapter S of	36348
Chapter 1 of Subtitle A of the Internal Revenue Code.	36349

The credit authorized in this section may be claimed only on	36350
the basis of a rehabilitation tax credit certificate with an	36351
effective date after December 31, 2013, but before June 30, 2015.	36352

A person claiming a credit under this section shall retain	36353
the rehabilitation tax credit certificate for four years following	36354
the end of the latest calendar year in which the credit was	36355
applied, and shall make the certificate available for inspection	36356
by the tax commissioner upon request.	36357

Section 757.40. Notwithstanding division (D)(6) of section	36358
149.311 of the Revised Code, the Director of Development Services	36359
may issue a rehabilitation tax credit certificate under that	36360
division during the biennium that includes fiscal years 2014 and	36361
2015 only to the owner of a catalytic project that files with the	36362
Director an application for the certificate after the effective	36363
date of this act but before December 1, 2014, and that will incur	36364
or pay qualified rehabilitation expenditures in excess of	36365
seventy-five million dollars on the catalytic project. All terms	36366
used in this section have the same meanings as in section 149.311	36367
of the Revised Code.	36368

Section 757.50. The amendment by this act of section 5709.12	36369
of the Revised Code applies to tax year 2014 and every tax year	36370
thereafter.	36371

Section 757.70. The amendment by this act of section 5703.052	36372
of the Revised Code applies to any refund that has not been fully	36373
recovered before the effective date of this act.	36374

Section 757.80. (A) Notwithstanding division (A)(31) of	36375
section 5747.01 of the Revised Code, for taxable years beginning	36376
in 2014, deduct seventy-five per cent of the taxpayer's Ohio small	36377
business investor income, the deduction not to exceed $93,750 for	36378
each spouse if spouses file separate returns under section 5747.08	36379
of the Revised Code or $187,500 for all other taxpayers. No	36380
pass-through entity may claim a deduction under this section.	36381

This section does not apply to any taxable year beginning	36382
before or after 2014.	36383

(B) For the purposes of section 5747.21, 5747.22, and 5748.01	36384
of the Revised Code, the deduction allowed under this section is a	36385
deduction under division (A)(31) of section 5747.01 of the Revised	36386
Code.	36387

(C) For the purposes of this section, "Ohio small business	36388
investor income" has the same meaning as in division (A)(31) of	36389
section 5747.01 of the Revised Code.	36390

Section 806.10. The items of law contained in this act, and	36391
their applications, are severable. If any item of law contained in	36392
this act, or if any application of any item of law contained in	36393
this act, is held invalid, the invalidity does not affect other	36394
items of law contained in this and their applications that can be	36395
given effect without the invalid item of law or application.	36396

Section 812.20. The amendment, enactment, or repeal by this	36397
act of the sections listed below is exempt from the referendum	36398
under Ohio Constitution, Article II, Section 1d and section 1.471	36399
of the Revised Code and therefore takes effect immediately when	36400
this act becomes law or, if a later effective date is specified	36401
below, on that date.	36402

Sections 501.10, 512.10, 512.20, 512.30, 512.40, 610.20,	36403
610.21, 640.10, 640.11, 751.40, 751.120, 751.140, and 812.20 of	36404
this act.	36405

Section 812.30. Except as otherwise provided in this act, the	36406
amendment, enactment, or repeal by this act of a section is	36407
subject to the referendum under Ohio Constitution, Article II,	36408
Section 1c and therefore takes effect on the ninety-first day	36409
after this act is filed with the Secretary of State, or if a later	36410
effective date is specified below, on that date.	36411

Section 812.40. (A) The following take effect two years after	36412
the effective date of this act:	36413

(1) The amendments by this act to sections 340.01, 340.03,	36414
340.08, 340.09, 340.15, 5119.21, 5119.22, and 5119.23 of the	36415
Revised Code;	36416

(2) The enactment by this act of sections 340.092, 340.093,	36417
340.20, 5119.362, 5119.363, and 5119.364 of the Revised Code.	36418

(B) The amendments by this act to division (A) of section	36419
5119.25 of the Revised Code take effect two years after the	36420
effective date of this section. The amendments by this act to	36421
division (C) of that section take effect at the earliest time	36422
permitted by law.	36423

Section 812.50. Sections 4715.14, 4723.486, 4725.16, 4729.12,	36424
4730.48, and 4731.281 of the Revised Code, as amended by this act,	36425
and section 4729.861, as enacted by this act, shall take effect	36426
January 1, 2015.	36427

Section 812.60. Sections 4715.30, 4715.302, 4723.28,	36428
4723.487, 4725.092, 4725.19, 4730.25, 4730.53, 4731.055, and	36429
4731.22 of the Revised Code, as amended by this act, shall take	36430
effect April 1, 2015.	36431

Section 812.70. The amendment by this act of section 5739.05	36432
of the Revised Code takes effect on November 3, 2014.	36433

Section 815.10. The General Assembly, applying the principle	36434
stated in division (B) of section 1.52 of the Revised Code that	36435
amendments are to be harmonized if reasonably capable of	36436
simultaneous operation, finds that the following sections,	36437
presented in this act as composites of the sections as amended by	36438
the acts indicated, are the resulting versions of the sections in	36439
effect prior to the effective date of the sections as presented in	36440
this act:	36441

Section 133.07 of the Revised Code is presented in this act	36442
as a composite of the section as amended by both Am. Sub. H.B. 699	36443
and Sub. S.B. 126 of the 126th General Assembly.	36444

Section 4503.102 of the Revised Code as amended by both H.B.	36445
13 and Am. Sub. H.B. 119 of the 127th General Assembly.	36446

Section 4715.14 of the Revised Code as amended by both Sub.	36447
H.B. 190 and Sub. H.B. 215 of the 128th General Assembly.	36448

Section 4723.487 of the Revised Code as amended by both Sub.	36449
H.B. 303 and Sub. S.B. 301 of the 129th General Assembly.	36450

Section 4725.16 of the Revised Code as amended by both Am.	36451
Sub. H.B. 59 and Am. Sub. H.B. 98 of the 130th General Assembly.	36452

Section 4503.102 of the Revised Code as amended by both H.B.	36453
13 and Am. Sub. H.B. 119 of the 127th General Assembly.	36454